Calgary (October 25, 2016) The Alberta Party Opposition has accessed publically available court documents showing the ND Government knew about the change-in-law clause and subsequent return of PPAs in December 2015.
“The NDs claimed in March 2016 that they had been unaware of the change in law clause before that time,” said Clark. “That seemed unlikely, and now we know it’s not true.
“Court filings show the Deputy Minister of Energy, Senior Policy Advisor, and the ADM of Electricity were informed of the intent of ENMAX to terminate their Battle River PPA on December 9, 2015 and they were again informed on December 11, 2015 when ENMAX formally returned the PPA. This second correspondence included details of Section 4.3(j), the ‘unprofitable or more unprofitable’ clause.
Clark said ND claims not to know about this clause until March 2016 defy belief.
“The NDP either isn’t telling the truth or they’re grossly incompetent,” said Clark. “If the Deputy Minister of Energy knew, he certainly would have told the Minister of Energy. If he didn’t, he should have.”
Clark called on the NDs to drop the PPA lawsuit.
“It’s time to drop this damaging lawsuit, accept back the PPAs, and work to rebuild Alberta’s reputation as a great place to invest.”
The following is from the court filing “Notice to Admit Facts” filed on October 19, 2016 at the Court of Queen’s Bench in Calgary, AB File Number 1601-12358. The full document is attached.
68. On December 9th, 2015, ENMAX advised the Senior Policy Advisor to the Minister of Energy, the Deputy Minister of Energy, and the Assistant Deputy Minister of Electricity and Sustainable Energy that ENMAX was considering termination of the Battle River PPA. On December 11, 2015, ENMAX submitted it’s Notice of Termination and supporting information to the Balancing Pool in respect of the Battle River PPA (“ENMAX Battle River Termination Letter” and concurrently advised the above-noted representatives of its decision. In the ENMAX Battle River Termination Letter, ENMAX advised the Balancing Pool that it was terminating the Battle River PPA effective January 1, 2016, at 12:01 a.m. in accordance with Article 4.3(j) of the Battle River PPA, since the Amended SGER made the Battle River PPA “unprofitable or more unprofitable.”
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