The AUC approval process for solar facilities in Alberta. Solar West 2017 Conference May 10, 2017 JP Mousseau, AUC Counsel

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1 The AUC approval process for solar facilities in Alberta Solar West 2017 Conference May 10, 2017 JP Mousseau, AUC Counsel

2 Who am I? My House Lawyer at the AUC for 17 years. Work primarily on facility applications and market enforcement. Solar guy.

3 Today s Topics Who/what is the AUC? Why is an AUC approval is required? Microgeneration requirements. Utility-scale requirements. Questions?

4 The AUC: Role of the AUC Is an independent, quasi-judicial agency of the province of Alberta. Ensures utility services are delivered in a manner that is fair, responsible and in the public interest. Makes decisions on applications for approval to construct and operate electric facilities, including renewable generation.

5 Who is the AUC? Nine commissioners, appointed by government responsible for deciding applications. AUC staff to assist the Commission, includes: engineers, accountants, economists, environmental

6 Types of approvals Microgeneration (up to 5 MW) Utility-scale (more than 5 MW) Exemption for generating electricity solely for a persons own use (up to 10 MW)

7 Microgeneration To qualify a project must meet the definition in the regulation and be: Maximum 5 MW or the rating of the customer s service. Intended to meet all or a portion of the customer s total energy consumption at the customer s site or aggregated site. Apply to distribution owner, disputes settled by the Commission. Neighbor disputes also possible.

8 AUC distributed generation review GOA recently directed the AUC to conduct an inquiry on matters related to electric distribution system connected generation. The goal is to provide the GOA with insight into how broader deployment of distributed generation focused on renewable and alternative energy sources might be implemented. The inquiry is underway and a final report is expected in

9 Utility scale No person shall construct or operate a power plant unless the Commission, by order, has approved the construction and operation of the power plant. - Hydro and Electric Energy Act

10 Alberta s solar rush In the past seven months, the AUC has approved four new utility scale solar projects with a combined capacity of MW. The AUC currently has seven active applications for utility scale projects with a combined capacity of MW.

11 Utility scale approval process Application received notice issued Information requests to applicant Applicants information responses Assessment of standing and notice of hearing Intervener information requests and responses Intervener evidence Applicant information requests and responses Applicant reply evidence Hearing Decision

12 Bulletin Timelines? It depends.

13 The application Read Rule 007 it sets out information requirements. Work with Disco or AESO, depending on project size. Review facilities decision index on AUC website. Public consultation is very important. Work with AEP. You can consult with the AUC before you file but

14 Public hearings The Commission must hold a public hearing if it appears to it that its decision on an application may directly and adversely affect the rights of a person. - Alberta Utilities Commission Act

15 Who can trigger a hearing? Maximum notification radius for power pants is 2000 metres can be less depending on situation. In the past, the Commission has granted standing to persons that own or occupy land within the notification

16 Potential landowner issues Visual impacts Property values Environmental impacts Noise Reclamation Inappropriate use of agricultural land.

17 The public interest test The Commission shall give consideration to whether construction or operation of the [facility] is in the public interest, having regard to the social and economic effects of the [facility] and the effects of the [facility] on the environment. - Alberta Utilities Commission Act

18 Hearing costs If the AUC holds a hearing project, proponents must pay local intervener costs. Costs may include legal and consulting fees, expenses and disbursements. Hearings can be expensive. Intervener costs for a 2 week hearing on a wind project were approximately $650,000.

19 Questions?