· Order in Council / Electricity Statutes Act Proclamation · enacted
Proclamation of the Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act, 2022
Proclaims most sections of the Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act, 2022, effective March 6, 2024, with one subsection delayed until January 1, 2025.
High impactCentralization of powerInstitutional independenceThe public, directlyIndependent watchdogsMunicipalities
What changed
- Proclaims most sections (1, 2 excluding 18, and 3) of the Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act, 2022, effective March 6, 2024, with section 2(18) effective January 1, 2025.
- Amends the Transmission Regulation (AR 86/2007) by defining 'energy storage resource' as a new market participant, expanding the ISO's authority to procure non-wires services, and requiring competitive procurement with specific exceptions.
- Further amends the Transmission Regulation by repealing sections 25.1 and 35, extending its sunset clause to December 31, 2027, and mandating ISO submission of needs identification documents to the Commission for certain non-wires services.
- Centralizes the administration of 'in lieu of tax payments' for municipal electric utilities, including the City of Medicine Hat, by shifting responsibility from the Balancing Pool to the Crown (Minister of Affordability and Utilities).
- Establishes new rules for monthly payments and annual reconciliation, alongside transitional provisions for outstanding payments from 2024 or prior years, to be administered by the Minister.
Why it matters
- Activates key legislative provisions of the Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act, 2022, establishing a phased implementation schedule for modernizing the electricity grid.
- Expands the scope of the electricity market by integrating energy storage resources into the regulatory framework, potentially fostering innovation and new investment.
- Enhances competition and efficiency in grid services by expanding the ISO's authority to procure non-wires services from diverse participants and requiring competitive procurement, while adding regulatory oversight through Commission approval for certain procurements.
- Streamlines or restructures specific regulatory provisions within the Transmission Regulation through the repeal of sections 25.1 and 35, and provides longer-term stability by extending its sunset clause.
- Centralizes the administration and oversight of 'in lieu of tax payments' for municipal electric utilities under the provincial Crown, altering the financial relationship between municipalities and the provincial government.
- Shifts statutory authority from the Balancing Pool, potentially impacting transparency and accountability mechanisms previously associated with its independent role.
Other governance concerns
- Impact on the regulatory framework for Alberta's electricity grid.
- Potential changes to the operational structure and oversight of electricity generation and distribution.
- Implications for consumers and industry participants due to new legislative requirements.
- Changes to market participation rules for energy storage resources.
- Altered scope of authority for the Independent System Operator.
- Increased regulatory oversight by the Commission in specific procurement scenarios.
- Impact on competition in the provision of non-wires services.
- Shift of financial administration from an independent entity to a ministerial portfolio.
- Reduction of the Balancing Pool's administrative scope regarding specific payments.
- Shift of financial oversight from an independent body to a government ministry
- Potential impact on municipal financial autonomy regarding utility payments
Primary sources (5)
- Primary sourceGovernment documentOrder in Council 41/2024 (Alberta King's Printer)
- Primary sourceGovernment documentElectricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act, 2022 (Alberta King's Printer)
- Primary sourceGovernment documentOrder in Council 43/2024 (Alberta King's Printer)
- Primary sourceGovernment documentOrder in Council 44/2024 (Alberta King's Printer)
- Primary sourceGovernment documentOrder in Council 2024/45 (Alberta King's Printer)
Secondary sources (3)
- Secondary sourceNews articleBennett Jones: Alberta's Long-Awaited Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act
- Secondary sourceNews articleDistribution Economic Association: Bill 22 - Modernizing Alberta's electricity system
- Secondary sourceNews articleM. Ross: Shifting Currents: Modernizing Alberta's Electricity Grid