The Ontario Energy Board has ordered that the
transmitter licence for TransCanada Transmission (TCT) be amended
to change the effective date to the earlier of: (i) the date on
which TCT is designated as a developer of transmission assets in
Ontario pursuant to a Board designation process: or (ii) the date
on which TCT applies for approval to own and/or operate specific
transmission facilities in Ontario.
The order is effectively a reversal of the Board's earlier decisiondenying TCT
an exemption to certain obligations under the Board's Affiliate
Relationships Code for Electricity Distributors and Transmitters
(ARC). TCT was particularly concerned with a requirement in the ARC
that prohibited it from sharing employees that have access to
confidential customer information with other TransCanada
affiliates. TCT argued that this requirement drove-up costs and was
unnecessary as newly licenced transmitters do not yet have any
customers in Ontario.
The Board initially refused to grant an exemption because it was
concerned that TCT could receive confidential information as part
of the designation process. The Board was willing to revisit that
decision in light of the release of the OPA's report on
the East-West Tie Line and the IESO's feasibility
study of that line, which will form the basis for
the Board's designation process for the East-West Tie Line.
Both of these reports are publicly available and do not contain
confidential customer information. On that basis, the Board
concluded that "the original concern has been diminished
sufficiently to warrant a different approach to balancing the
considerations of ensuring appropriate protections through
licensing requirements and the desirability of reducing unnecessary
barriers to entry for prospective transmitters." The Board
indicated that if becomes
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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.
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