Notice of Specified Penalty - MSA 2008-008

The MSA issued a Notice of Specified Penalty on June 2, 2008 in regard to an alleged ISO rule contravention (MSA file #2008-008).  The penalty stipulated in the Notice of Specified Penalty was ultimately paid late.  Section 52 of the Alberta Utilities Commission Act requires that a Specified Penalty be paid in accordance with the Notice of Specified Penalty (thus, paid on or before the due date).  If a Specified Penalty is not paid in accordance with the Notice of Specified Penalty, s.52 requires that the MSA file an application for hearing before the AUC - the MSA filed that application in October 2008.  In response to the MSA application, the AUC initiated a proceeding (Proceeding 115) to consider the matter.  Subsequently, the MSA reached a proposed agreement (consent order) with the respondent market participant, which agreement was subsequently approved by an AUC Consent Order (Decision M2009-001) on January 26, 2009.  For reference, the Notice of Specified Penalty and the AUC Decision M2009-001 are attached below: