Arbitrations Added to the PPA Soup

By: Nigel Bankes PDF Version: Arbitrations Added to the PPA Soup Case Commented On: TransCanada Energy Ltd v Balancing Pool, 2016 ABQB 658 (CanLII) The power purchase arrangements (PPA) dispute in the Province continues to evolve along a number of different tracks. As noted in a previous post, the negotiation track seems to be producing some […]

Finally, a Plan (albeit drip-by-drip) to Phase Out Coal and Keep the Lights On

By: Nigel Bankes PDF Version: Finally, a Plan (albeit drip-by-drip) to Phase Out Coal and Keep the Lights On Documents and press releases commented on: (1) Press Release, Electricity Price Protection, November 22, 2016; (2) AESO, Alberta’s Wholesale Electricity Market Transmission Recommendation, dated October 3, 2016, released November 23, 2106, accepted by the Province; (3) Press […]

The Termination of Power Purchase Arrangements in Alberta: What is the Legal Position and What are the Implications of Termination?

By: Nigel Bankes PDF Version: The Termination of Power Purchase Arrangements in Alberta: What is the Legal Position and What are the Implications of Termination? Case Commented On: The decisions of various buyers to “terminate” their interests in power purchase arrangements (PPAs) In December 2015, Enmax announced that it was “terminating” its interest in a […]

The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration

Case considered: Balancing Pool v. TransAlta Utilities Corporation, 2009 ABQB 631 PDF version: The Summary Judgment Exception to the Stay of Proceedings in Favour of Arbitration A recent decision by Chief Justice Neil C. Wittmann resolves two outstanding issues with respect to the summary judgment exception to stays of court proceedings that is found in […]