Notice: Section 73 EUA Decision

October 5, 2006



To: Market Participants

Re: Section 73 EUA Decision

On September 19, 2006 the Chair of the Alberta Energy and Utilities Board issued a decision (the “decision”) in relation to a complaint received by the Chair pursuant to s. 73 of the Electric Utilities Act (the “Act”).  The Chair directed the MSA to post the decision on its website and we are pleased to do so.

The MSA views the decision as balanced and positive, and has already adopted the findings of the Chair insofar as clarifications and amendments designed to make clearer the procedures used by the MSA in handling complaints under the Act. 

The Chair accepted the arguments of the MSA to the effect that the complaint was in many ways asking the Chair to go beyond the jurisdiction and authority granted under s. 73.  Accordingly, the Chair refused those parts of the complaint.  As to other parts of the complaint, the Chair did find that aspects of the MSA’s own process (that is, as set out in the “MSA Investigation Process and Assessment Guidelines”) were unclear or had not been followed.  

In particular, the Chair noted that the MSA Investigation Process and Assessment Guidelines did not appear to contemplate the publication of a “preliminary assessment” or the publication of a preliminary assessment with additional guidance to market participants.  The Chair also found that the MSA had not provided sufficient time for the complainant to adequately prepare for and meet with the MSA prior to the publication of the preliminary assessment disposing of their complaint.  However, notwithstanding any aspects of the process felt to be lacking, the Chair confirmed his view that the MSA had acted in good faith in carrying out its process. 

The Chair directed the MSA to make various clarifications and other amendments to its process. As noted above, the MSA has already adopted those improvements.    

A copy of the decision is appended to this notice and can be found through the following link:

Section 73 Decision

By separate notice, the MSA is setting out the changes to its process.  That notice, and a copy of the new “MSA Investigation Procedures”, can be found on the MSA website. 

No stakeholder action is specifically requested in relation to the matters set out in this notice.  However, as always, stakeholders are encouraged to contact us with any questions or comments.

Yours truly,

“Original signed”

W.W. (Wayne) Silk
Vice-President, Chief Operating Officer
Market Surveillance Administrator