Obtaining a waiver of this termination right is meant to
expedite issuance of a Notice to Proceed (NTP) by reducing
contractual termination risk and allowing Suppliers to procure
financing for equipment orders.
Section 2.4(a) permits either the OPA or the Supplier to
unilaterally terminate the FIT Contract at any time before the OPA
issues a NTP and the Supplier has paid the Incremental NTP
Different submissions and
deadlines will apply to Capacity Allocation
Required (CAR) Suppliers and Capacity Allocation Exempt (CAE)
CAR Suppliers requesting the OPA waive section 2.4(a) are
required to submit the following documents: (i) the waiver and a
Domestic Content (DC) Plan by October 14, 2011; and (ii) evidence
of one or more agreements for the purchase of Generating Equipment
demonstrating the Supplier will meet or exceed the Minimum Required
Domestic Content Level, by November 30, 2011. The DC plan will be
reviewed for completeness and substantiation by December 31,
CAE Suppliers are required to submit the waiver and DC plan by
December 31, 2011.
In each case, OPA termination rights will be automatically
reinstated if these deadlines are not met. Additionally, all
Suppliers must continue to provide the OPA with a NTP Request and
satisfy necessary NTP pre-requisites including a Renewable Energy
Approval, Financing Plan, DC plan, and Impact Assessments.
The waiver and associated schedules are expected to be available
The OPA will be hosting a webinar to discuss the waiver process
and answer questions on August 9, 2011 at 2:00 p.m. (ET). In the
meantime, the OPA has requested Suppliers not contact their offices
until after the webinar has been held. To participate in the
webinar, you may log into the web link below. In order to ask a
question, you will have to contact the toll-free number found
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).