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SkyPower hauling OPA and Minister of Energy into Court over new FIT Program


July 13, 2012
By Anthony Capkun

July 13, 2012 – Yesterday, on behalf of the SkyPower Group of Companies, Gilbert’s LLP and Lenczner Slaght Royce Smith Griffin LLP issued an Application for Judicial Review in the Ontario Superior Court of Justice against the minister of energy and the Ontario Power Authority (OPA). SkyPower also notified the minister and OPA of a claim for damages in excess of $100 million.

The application concerns the minister’s recent directives to fundamentally change the Feed-in-Tariff (FIT) Program, retroactively affecting existing applications for FIT contracts that had previously been deemed complete and eligible by OPA. (The FIT Program, designed to provide incentives for renewable energy infrastructure, is a cornerstone of Ontario’s renewable energy program).

The Application for Judicial Review asks the court for, among other things, an order that OPA has a legal duty to process in good faith applications to the FIT Program that were submitted in accordance with the existing FIT rules. SkyPower is Canada’s largest owner and developer of solar energy projects.

In its application materials, SkyPower says it spent considerable resources identifying eligible properties, securing rights to land and meeting the government’s timeline for application. SkyPower further states OPA has held more than $20 million in security from SkyPower for over two years, during which time SkyPower has waited for OPA to complete the connection availability testing that was required by the existing FIT rules and to issue FIT contracts.

SkyPower further states the minister’s directives apply retroactively and render SkyPower’s pre-existing applications ineligible.

Download a copy of the Notice of Application below.