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Court decides for ENMAX over date of Battle River Power PPA termination


October 16, 2017
By Anthony Capkun


October 16, 2017 – ENMAX reports it has received a favourable court decision from a legal proceeding involving the effective date of its Battle River Power Purchase Arrangement (PPA) termination.

The proceeding involved a dispute that arose between ENMAX and the Balancing Pool when ENMAX provided the Balancing Pool with notice of termination of the Battle River PPA, effective January 1, 2016.

While ENMAX contended January 1, 2016, was the date on which the Balancing Pool assumed the rights and obligations under the PPA, the Balancing Pool contended the effective date of termination was delayed until its appointed agent began dispatching the PPA on July 13, 2016.

SEE ALSO Backroom deals, secrets, Enron now starring in Alberta’s electricity drama.

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The parties ultimately agreed to have this dispute resolved by the court and, through its decision, ruled in favour of ENMAX in that the termination was, in fact, effective January 1, 2016.

With respect to the larger outstanding legal questions in the current Government of Alberta’s Court Proceeding regarding the PPAs, ENMAX says it remains confident in its legal position and “is committed to seeking a resolution that reflects the best interests of our shareholder, the 1.2 million citizens of Calgary”.

SEE ALSO ENMAX terminates Keephills power purchase arrangement.


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