Grand Renewable Wind LP (GRW) has received approval from
the Ontario Energy Board to
construct a new transmission line and associated facilities for the
Grand Renewable Energy
Park (GREP) located in Haldimand County. The
Board's approval is subject to GRW obtaining all other
necessary approvals, including its Renewable Energy Approval for
the GREP, and complying with certain mitigation measures.
GRW's application was one of first leave to construct
applications since the enactment of the Green
Energy and Green Economy Act, 2009 and it
raised novel issues that the Board has not considered before. Of
particular interest in this case was a request from Haldimand
County Hydro Incorporated (HCHI) for access to GRW's
transmission facilities so that HCHI could connect a new
transformer station for its distribution system. GRW denied that it
had an obligation to provide HCHI with access to its transmission
The dispute centred on whether GRW, a partnership of Samsung and
Pattern, should be treated like a typical transmitter, which would
carry with it a requirement to be licenced and an obligation to
provide access. Generally, transmission lines operated by
generators are exempt from these obligations provided the line
carries the generator's energy. The unique twist in this case
is that the transmission line will not just carry energy from
GRW's wind farm, but also from a solar facility that will
operated by a different entity as part of GREP.
GRW argued that it was exempt from the requirement to hold a
transmitter's licence because it would be generator and would
transmit power from the solar project at cost. Board staff and
other intervenors disagreed with this argument. In its decision,
the Board acknowledged the issue was important, but determined that
it was not necessary to decide the issue as part of a leave to
It is not clear from the decision how the Board intends to
resolve this issue. If HCHI intends to pursue the issue, it could
make a specific application for access to GRW's transmission
facilities. Alternatively, the Board could convene a generic
proceeding under its Transmission System Code to deal with the
matter more generally.
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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.
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.
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