_____

From: Ani Arnott [mailto:AniArnott@canwea.ca]
Sent: March 5, 2012 9:44 AM
To: BoardSec
Cc: 'Jake.Brooks@appro.org'; 'david.timm@gdfsuezna.com'; Robert Hornung; Jean-Francois Nolet
Subject: CanWEA letter requesting participant status and costs in the RRFE proceeding



CanWEA logo - color



March 5, 2012



Ms Kirsten Walli

Board Secretary

Ontario Energy Board

27th floor

2300 Yonge St.

Toronto, Ontario

M4P 1E4



BY E-MAIL





Re: Ontario Energy Board Renewed Regulatory Framework for Electricity



Distribution Network Investment Planning (EB-2010-0377);

Regulatory Framework for Regional Planning for Electricity Infrastructure (EB-2011-0043);

Establishment, Implementation and Promotion of a Smart Grid in Ontario (EB-2011-0004);

CanWEA Approaches to Mitigation for Electricity Transmitters and Distributors (EB-2010-0378); and

Defining and Measuring the Performance of Electricity Transmitters and Distributors (EB-2010-0379).



Board File Nos.: EB-2010-0377, EB-2010-0378, EB-2010-0379, EB-2011-0043 and EB-2011-0004 (collectively, the “RRFE Proceedings”)



Dear Ms Walli,



We are writing to request late participant status and cost eligibility in each and all of the RRFE proceedings given their potential importance to the ongoing operations and future of wind generation in the province of Ontario. We hope to participate in the RRFE proceedings in coordination with a generator coordination group being facilitated by APPrO.



The Canadian Wind Energy Association (CanWEA) is a non-profit trade association that promotes the responsible and sustainable development of wind energy in Canada. CanWEA represents more than 450 corporate members, including wind energy project developers, owners and operators, wind turbine manufacturers and component suppliers, and a broad range of service providers to the industry. Many of our members are customers of transmission and distribution utilities in Ontario, have current transmission or distribution connection applications in development or underway and regularly experience challenges associated with the uncertainties and implementation of current transmission and distribution related rules and policies.



The terms under which connection capacity is planned, developed and paid for can make the difference between a wind power project being viable or non-viable. In addition, any changes to the policies or rules which govern cost allocation and cost responsibility could have a significant impact on CanWEA members’ generation companies and generation facilities, both those in operation and those under development. Intermittent generators will have a particular stake in the outcome of smart grid policy and the measures used to determine accountability and assess performance. CanWEA and its members therefore have a significant interest in each and all of the RRFE proceedings.



CanWEA expects to coordinate with or through APPrO and limit its direct interventions to issues of material and unique impact on wind power generators.



CanWEA submits that it should be eligible for costs on the following grounds:



(a) CanWEA Represents a Class of Consumers in this Proceeding: New policies, rules and procedures that may result from this proceeding could have material impact on the business conditions faced by wind generators and on the procedures followed by electricity distributors and transmitters in providing services to wind power generators. Therefore, not withstanding s. 3.05 of the Practice Direction, special circumstances exist that would warrant and award costs pursuant to section 3.07 of the Practice Direction.



(b) It is in the Public Interest to Facilitate Generator Participation: CanWEA’s members are building and planning new projects in response to OPA procurement programs and consequent contracts, and Ministerial Directives that incorporate provincial policy objectives. Given that the issues in the present proceeding are likely to impact wind power generators both in their development and operation of assets, the Board should facilitate the participation of wind power generators in order to provide the best evidentiary basis for its determination. A significant portion of CanWEA’s membership are too small to participate individually in a meaningful way in this proceeding. CanWEA’s participation facilitates the involvement of such members, and ensures that the Board has before it a comprehensive representation in this proceeding from the wind power generation community.



(c) CanWEA’s Participation Contributes to Hearing Efficiency: CanWEA’s representation of its members in such a proceeding would be a much more effective and efficient regulatory approach than having each of its members speak on all issues, with attendant duplication and additional costs.



(d) Full and Informed CanWEA Participation Requires Intervenor Funding: CanWEA, like other trade associations such as the Association of Major Power Consumers in Ontario (“AMPCO”) and the Industrial Gas Users Association (“IGUA”), does not have independent funding sufficient to support efficient and effective participation in the RRFE proceedings and it would not be able to do so absent same.





CanWEA anticipates that there may be a number of issues of concern for wind power generators that arise or develop during the proceeding. CanWEA seeks at all times to retain and reflect the perspective of the wind power generation industry as a whole, and to present a balanced view of policy issues affecting the electricity industry and the public at large in Ontario.



On the basis of the foregoing, CanWEA respectfully requests that the Board approve its request to participate in the RRFE proceedings and its related cost eligibility.



Yours sincerely,









Robert Hornung, President