Media Statement – TransAlta’s position unchanged

May 16, 2014

Calgary, AB (May 16, 2014) – The Alberta Utilities Commission (AUC) has made a decision on TransAlta’s complaint against the Market Surveillance Administrator (MSA).

The decision can be found at

The AUC was clear that it made the decision based on its interpretation of the Alberta Utilities Act and that it is not an assessment of the merits of TransAlta’s concerns with the actions of the MSA:

  • Paragraph 4: “In this decision, the Commission does not assess the merits of the complaints (…)”
  • Paragraph 85: “As the Commission stated previously, and as the parties themselves asserted in their submissions, a decision to dismiss a complaint pursuant to subsection 58(2)(a) does not involve an assessment of the merits of the complaint.”
  • Paragraph 114: “(…) the Commission is satisfied that the complaints and the MSA’s application ultimately concern the same circumstances (…) In making this decision the Commission makes no findings on the merits of the MSA’s application or the TransAlta, Connelly and Kaiser complaints.”

TransAlta’s position has not changed and we look forward to having our side of this dispute heard in an AUC hearing.

We reiterate that we stand behind our employees, their decisions and actions, and we will vigorously defend TransAlta’s conduct in the marketplace.

TransAlta is committed to Alberta’s competitive electricity market and the creation of a level playing field. We are seeking fair, responsible and clear rules that apply to all market participants in a consistent matter.

In effect, the AUC has ruled that both sides of this dispute can be heard in one hearing. We also note in the AUC’s decision that:

  • Paragraph 68: “(…) the Commission in a supervisory role over the activities and conduct of the MSA. The Commission not only rules on matters brought before it by the MSA but also rules on complaints relating to the conduct of the MSA.”
  • Paragraph 93: “The AUC found that in that event a matter raised in a complaint (…) is ultimately not considered in the context of the associated MSA proceeding, a complainant may not be precluded from re-filing the complaint as it relates to the unaddressed matter.”
  • Paragraph 116: “(…) the Commission finds that dismissal of the complaints will not deprive the complainants of a fair opportunity to pursue with the Commission the issues raised in their complaints with respect to the conduct of the MSA (…)”

All participants have a role to play in keeping this market strong and functioning to the best of its ability. We take that role seriously.

For more information:

Media Inquiries:
Stacey Hatcher
Manager, External Communications
Cell: 587-216-2242
Toll-free media number: 1-855-255-9184
Alternate local number: 403-267-2540