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ARTICLE · 29 MAY 2014

TransAlta Complaint About Market Surveillance Administrator Dismissed By Alberta Utilities Commission

Borden Ladner Gervais LLP
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One of the roles of the Alberta Utilities Commission is to regulate the conduct of electricity market participants so as to promote a competitive market.

CanadaEnergy and Natural Resources

One of the roles of the Alberta Utilities Commission is to regulate the conduct of Alberta electricity market participants so as to promote a fair, efficient and openly competitive electricity market in that province. As part of that mandate, the Alberta Utilities Commission Act (AUCA) established the office of the Market Surveillance Administrator (MSA), a position which has been described as serving a "watchdog" function in respect of traders, generators and other market participants. In order to provide a check and balance, the AUCA also contains a formal complaint procedure available to market participants if they object to the manner in which the MSA carries out its mandate.

Following a lengthy investigation that commenced in 2011, the MSA concluded in late 2013 that in its view TransAlta Corp. and two of its employees had contravened relevant legislation (the Electric Utilities Act and the Fair, Efficient and Open Competition Regulation) in relation to a

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