Fair, Efficient and Open Competition Regulation Preferential Sharing - - PowerPoint PPT Presentation

Fair, Efficient and Open Competition Regulation

Metropolitan Centre August 28, 2009

Preferential Sharing of Records Not Available to the Public

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Agenda

• 1. Background
• 2. Timeline
• 3. Process Template
• Stakeholder Feedback
• 4. Minimum Filing Requirements
• Stakeholder Feedback
• 5. Questions & Discussion
• Process Template
• Filing Requirements
• Other

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Background

• The Fair, Efficient and Open Competition Regulation (FEOC)

Regulation comes into force on September 1, 2009

• FEOC Regulation covers 5 main areas:

– Conduct – Preferential Sharing of Records – Outage Records – Offer Control – Commercial Information

• With respect to Preferential Sharing of Records, the regulation

prohibits market participants from sharing past, current or future price and quantity offer information regarding offers made to the power pool or provision of ancillary services that is not available to the public.

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Background (cont’d)

• Examples of records that are not available

to the public that may be shared:

– between Market Participants that are affiliates of each other; – 60 days after the offers were made; – shared with ISO, MSA, broker, brokerage, forward exchange, person who prepares price index, or person permitted by law; – in accordance with Commission Order; – for the sole purpose of financial settlement; – covered by ISO-approved sharing arrangements until the earlier of termination or September 1, 2010

• Refer to section 3(2)(a-h) in the FEOC

Regulation

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Timeline

• August 14, 2009

– Written comments on the discussion paper due

• September 1, 2009

– FEOC Regulation comes into force

• September 15, 2009

– Parties with existing arrangements expiring in 2009 must notify the AUC if they intend to file an application under s.3(3) of FEOC Regulation

• October 15, 2009

– Parties with existing arrangements expiring in 2010 or beyond must notify the AUC if they intend to file an application under s.3(3) of FEOC Regulation

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Process Template

Preferential Sharing of Records Proceedings

Market Participant files Preferential Information Sharing Application AUC Notice

• f Filing

1 Week

Not Public Public Legend

Flexible Notice of Proceeding; Proceeding Schedule Issued 1 Week MSA files Statement

• f Intent to

Participate 1 Week Information Requests from AUC and/or MSA to Applicant 1 Week Filing of Information Request Responses from Applicant 2 Weeks Filing of MSA Evidence

(if any)

1 Week Information Requests to MSA

(if any)

1 Week Information Request Responses from MSA 10 days Rebuttal Evidence (if any) 2 Weeks Written Argument

(if any)

10 Days Written Reply Argument

(if any)

Up to 90 Days Notice of Order of the AUC

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Process Template

Stakeholder Feedback

• Shorter Process if MSA Not Involved
• AUC Response: Commission will deal with
• n a case by case basis; timing concerns

should be brought to the Commission’s attention

• Request for Clarity on Oral Hearings,

Template Timing and Information Requests

• AUC Response: Template for Oral hearings

similar to Written hearings

• AUC Response: Revised steps 5 and 6 of

Template Process to make timing work

• AUC Response: Information Requests at the

discretion of the Commission panel

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Proposed Minimum Filing Requirements

Preferential Sharing of Records

(a) Description & Duration (b) Grounds for Application* (c) Statutory Provision (d) Authority & Offer Control (e) Agreement Copy (f) List of Affiliates (g) Confirmation of FEOC* (h) Other Relevant Information (i) Contact Information for Applicant (j) Contact Information for Representative (k) Confirmation of Internal Compliance*

*Amended in response to stakeholder comments

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Minimum Filing Requirements

Stakeholder Feedback

• Representation of FEOC by Senior Officer
• AUC Response: Revised requirement (b) and

eliminated requirement (g)

• MSA request for information on internal

compliance

• AUC Response: Revised requirement (k) to

provide relevant details including how records will be controlled and monitored

• Request for Clarity
• AUC Response: Provided clarity on who files

the application and the need for a copy of the agreement between the parties on Preferential Sharing of Records

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Contact Information

John Esaiw

Executive Director, Markets

403.592.4479

John.Esaiw@auc.ab.ca

Darin Lowther

Director, Market Rules

403.592.4507

Darin.Lowther@auc.ab.ca

Presentation and Handout will be posted at www.auc.ab.ca Click on Market Consultations

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Questions & Discussion