Burdett Solar GP Corp.

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1 Decision D Burdett Solar Project Time Extension October 3, 2018

2 Alberta Utilities Commission Decision D Burdett Solar Project Time Extension Proceeding Application A001 October 3, 2018 Published by the: Alberta Utilities Commission Eau Claire Tower, 1400, 600 Third Avenue S.W. Calgary, Alberta T2P 0G5 Telephone: Fax: Website:

3 Alberta Utilities Commission Calgary, Alberta Decision D Proceeding Burdett Solar Project Time Extension Application A001 1 Decision summary 1. In this decision, the Alberta Utilities Commission must decide whether to approve an application from (Burdett) for a time extension to complete the construction of a 20-megawatt (MW) solar power plant near the hamlet of Burdett. After consideration of the record of the proceeding, and for the reasons outlined in this decision, the Commission finds that approval of the time extension is in the public interest having regard to the social, economic, and other effects of the project, including its effect on the environment. 2 Introduction and background 2. Pursuant to Approval D , 1 Burdett may construct and operate a solar power plant near the hamlet of Burdett. The Burdett Solar Project power plant shall consist of approximately 70,000 solar photovoltaic panels with a total generating capability of 20 MW. 3. Burdett filed an application with the Commission, pursuant to Section 11 of the Hydro and Electric Energy Act, requesting approval of a time extension to complete construction of the power plant from January 31, 2018 to July 31, The application was registered on February 23, 2018, as Application A Discussion 4. Burdett indicated that it was applying for the time extension because the results of the Alberta Electric System Operator s Renewable Electricity Program competitions may affect the construction schedule for the project. 5. Burdett stated that it was not aware of any new facilities or changes to existing facilities or new dwellings in the area that would affect the project s compliance with Rule 012: Noise Control. 6. Burdett added that it had not consulted with Alberta Environment and Parks (AEP) specifically regarding the extended completion date. However, AEP was provided with updated wildlife survey results in The 2017 wildlife surveys did not find any occurrences of sensitive amphibians, burrowing owls, raptor nests, or sharp-tailed grouse leks in the project area. Correspondence from AEP in March 2018, regarding the updated wildlife surveys, noted that no new wildlife features were identified, but the existence of sensitive amphibians should be assumed and mitigations be implemented. AEP also noted that all commitments detailed in the 1 Power Plant Approval D , Proceeding 23195, Application A001, December 21, Decision D (October 3, 2018) 1

4 Burdett Solar Project Time Extension Wildlife Renewable Energy Referral Report would still apply. Burdett informed AEP that it would continue to update the field studies if the project was delayed Burdett conducted a participant involvement program. It mailed notices to landowners within two kilometres of the project boundary, consulted with stakeholders within an 800-metre radius of the project and the County of Forty Mile. It also held a public open house to discuss the project on May 29, No concerns regarding the proposed time extension for the project were noted during the conduct of the notification program. 4 Findings 8. Burdett has provided information on the need, nature and duration of the requested time extension. The time extension is not expected to affect compliance of the project with the permissible sound levels outlined in Rule 012. No new environmental impacts are expected as a result of the time extension. 9. The Commission notes that Burdett informed AEP that it understood that the commitments detailed in the Wildlife Renewable Energy Referral Report 3 were still valid and surveys must be kept current until the project construction is complete Based upon this information, the Commission finds that Burdett has demonstrated that the requested time extension is of a minor nature. 11. Due to the minor nature of the application and Burdett s confirmation that there were no concerns raised by potentially affected stakeholders within 2,000 metres of the approved power plant site, a notice of application was not issued. The Commission considered that its decision would not directly and adversely affect the rights of a person pursuant to Section 9 of the Alberta Utilities Commission Act; consequently, a hearing was not required. 12. The Commission expects that Burdett will follow through on all mitigations and commitments it made in the original proceeding as described in Decision D Given the considerations discussed above, the Commission finds that approval of the application is in the public interest in accordance with Section 17 of the Alberta Utilities Commission Act. 14. The Commission approves a time extension to complete construction of the power plant to July 31, Exhibit X0006, AEP Burdett wildlife studies Proceeding 22345, Exhibit X0003, AEP Referral Report. 4 Ibid. 5 Proceeding and Decision D : SunEEarth Alberta Solar Development Inc. Burdett Solar Project, Proceeding 22345, Application A002, June 16, Decision D (October 3, 2018)

5 Burdett Solar Project Time Extension 5 Decision 15. Pursuant to sections 11 and 19 of the Hydro and Electric Energy Act and sections 17 and 23(2) of the Alberta Utilities Commission Act, the Commission approves the application and grants to Burdett the approval set out in Appendix 1 Power Plant Approval D October 3, 2018, to construct and operate the power plant (Appendix 1 will be distributed separately). Dated on October 3, Alberta Utilities Commission (original signed by) Tracee Collins Commission Member Decision D (October 3, 2018) 3