$7 Million Fine from AUC Stands! Might be more; 44. This proceeding involves three power plants. Issues besides own-use do exist for each of these power plants that may equally affect their ability to operate in future (adequacy of demonstrating no one is adversely affected on Sturgeon and Westlock; compliance with Rule 012 for Sturgeon and Westlock; and failure to demonstrate the absence of an adverse environmental effect for Sturgeon, Kirkwall and Westlock). For Sturgeon and Westlock, the likelihood of intervention in any facilities application is high. These factors, along with Link Global’s failure to provide accurate and reliable information favour the exercise of the Commission’s discretion to require an application for approval for Kirkwall and any power plant Link Global intends to operate in future.
(d) Establish an oral hearing, or some other process for the penalty phase, for the Westlock power plant and completion of the penalty phase for the Kirkwall and Sturgeon power plants that allows for discovery to test facts material to the determination of economic benefits that would be subject to disgorgement from operation of the Sturgeon and Kirkwall power plants from March 8, 2021 and from operation of the Westlock plant from March 10, 2021, including:
(i) The validity of the March 8, 2021 and the March 11, 2021 agreements.
(ii) The nature of the business activities at the Sturgeon and Kirkwall sites after March 8 and March 11, 2021 under those agreements or otherwise.
(iii) The nature of the business activities at the Westlock site for the whole of the Westlock power plant’s operation from March 10, 2021.
(iv) The revenue or other economic benefits derived from the operation of each of those power plants.
Source from Feb 17, 2022;
https://cdn-ceo-ca.s3.amazonaws.com/1h0thfd-26379_X0117_Enforcement%20staff%20submission%20on%20outstanding%20matters_000152.pdf