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1 Decision MW Power Plant Exemption May 16, 2014
2 The Alberta Utilities Commission Decision : 10.7-MW Power Plant Exemption Application No Proceeding No May 16, 2014 Published by The Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: Fax: Website:
3 The Alberta Utilities Commission Calgary, Alberta Decision Application No MW Power Plant Exemption Proceeding No Introduction 1. Eclipse Regulatory Compliance Specialists Ltd., on behalf of (Exshaw), in accordance with Section 13 of the Hydro and Electric Energy Act, filed an application with the Alberta Utilities Commission (AUC or the Commission) on February 21, 2014, for approval of an exemption from Section 11 of the Hydro and Electric Energy Act regarding the construction and operation of a 10.7-megawatt (MW) power plant within its Spirit River sour gas processing plant near Spirit River, Alberta. 2. The Commission issued information requests to Exshaw on March 4, Exshaw responded to the information requests on April 2, The Commission issued a notice of application on April 15, The deadline for filing submissions with the AUC was May 7, No submissions were received by the deadline date. 2 Discussion 4. Exshaw proposed that the power plant would consist of four 2,666-kilowatt (kw) natural gas-fired generators for a total capability of 10.7 megawatts. Exshaw submitted that the power plant would be located within its Spirit River sour gas processing plant in LSD 3, Section 10, Township 77, Range 7, west of the Sixth Meridian. 5. Exshaw submitted that the power plant would not be connected to the Alberta Interconnected Electric System and that the electric energy generated by the power plant would be solely for its own consumption. 6. Exshaw conducted a participant involvement program that notified all landowners, occupants and residents within three kilometres of the project and consulted with all parties within 1.5 kilometres of the project. Exshaw submitted that no objections or concerns with the project were expressed. Exshaw stated that there are no residents within 2,000 metres of the proposed facility. 7. Exshaw completed an environmental field report, to assess the potential environmental effects of the project. Exshaw submitted that there are no wildlife concerns and that the development would not be within a key/critical wildlife zone. Exshaw also submitted that the power plant s emissions would comply with the Alberta Source Emissions Standards and the Alberta Ambient Air Quality Objectives. Exshaw stated that it consulted with Alberta Environment and Sustainable Resource Development (AESRD), but did not specifically consult AUC Decision (May 16, 2014) 1
4 10.7-MW Power Plant Exemption with the Fish and Wildlife Operations Division (FWD) of AESRD. Exshaw committed to consulting with the FWD to confirm that no additional mitigative measures are required. 8. Exshaw conducted a noise impact assessment which predicted that the noise levels would be in compliance with AUC Rule 012: Noise Control (AUC Rule 012). 3 Findings 9. The Commission has reviewed the application and determined that the technical, siting and environmental requirements of the Hydro and Electric Energy Act, and AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations and Hydro Developments have been met. 10. The Commission directs Exshaw to consult with the FWD of AESRD about the project s potential effects on wildlife and vegetation by July 1, Exshaw shall carry out any pre-construction and post-construction wildlife and vegetation field surveys on the project site that are recommended by the FWD, and implement any wildlife and vegetation mitigation measures recommended by the FWD. 11. The Commission finds that the predicted noise levels would be in compliance with AUC Rule The Commission accepts that a participant involvement program was conducted by Exshaw and that there are no outstanding objections or concerns. 13. Based on the foregoing, the Commission considers the project to be in the public interest in accordance with Section 17 of the Alberta Utilities Commission Act. 4 Decision 14. Pursuant to Section 13 of the Hydro and Electric Energy Act, the Commission approves Exshaw s application and grants Exshaw an exemption from Section 11 of the Hydro and Electric Energy Act, conditional upon the following terms and conditions: a) The power plant shall be located in LSD 3, Section 10, Township 77, Range 7, west of the Sixth Meridian, as further described in the application. b) The power plant shall consist of a four 2,666-kW natural gas-fired generators for a total capability of 10.7 MW as further described in the application. c) Exshaw will not export energy from the power plant to the Alberta Interconnected Electric System, with the energy generated being solely for Exshaw s own use. Should the proposed power plant be operating in synchronism with the electric system of the local utility company, Exshaw shall apply for a connection order from the AUC pursuant to Section 18 of the Hydro and Electric Energy Act prior to connecting the power plant. d) Exshaw must meet the noise requirements of AUC Rule 012. e) This exemption is not transferable unless approved by the Commission. 2 AUC Decision (May 16, 2014)
5 10.7-MW Power Plant Exemption 15. The Commission may cancel or suspend this exemption, in whole or in part, in accordance with Section 41 of the Hydro and Electric Energy Act or may review this exemption, in whole or in part, upon its own motion or upon an application by an interested party, in accordance with Section 10 of the Alberta Utilities Commission Act. Dated on May 16, The Alberta Utilities Commission (original signed by) Neil Jamieson Commission Member AUC Decision (May 16, 2014) 3
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