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ARTICLE · 14 FEBRUARY 2011

OPA Offers to Extend FIT Milestone Dates for Commercial Operation

Davies Ward Phillips & Vineberg LLP
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Yesterday, the Ontario Power Authority announced another change to the Feed-in Tariff Program by offering a one-year extension to allow FIT suppliers more time to obtain the Renewable Energy Approval.

CanadaEnergy and Natural Resources
Sarah Powell
Sarah Powell
Alexandria Pike
Alexandria Pike
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Yesterday, the Ontario Power Authority announced another change to the Feed-in Tariff Program by offering a one-year extension to allow FIT suppliers more time to obtain the Renewable Energy Approval. The REA was intended to be a streamlined process but the review requirements of various provincial ministries have caused significant delays. By extending the milestone date for commercial operation, the OPA recognizes the current uncertainties and delays in the approval process and intends to provide protection to suppliers. To be eligible for the extension, suppliers must enter into an amending agreement with the OPA. This agreement will outline how the extension will impact the supplier's Force Majeure rights. The extension will not affect the domestic content requirements for FIT projects, which will be tied to the supplier's original milestone date.

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