The Fair, Efficient and Open Competition Regulation (AR 159/2009) (FEOC Regulation) came into force on September 1, 2009.  One requirement within the FEOC Regulation is that a market participant may not share records that are not available to the public relating to any past, current, or future price and quantity offer made to the power pool or for the provision of ancillary services.

Records that can be Shared
Records that are not available to the public that may be shared include those:

(a)    between market participants who are affiliates of each other,

(b)   between market participants 60 days after the price and quantity offer was made to the power pool or for the provision of ancillary services,

(c)    by a market participant with a broker, brokerage, forward exchange or person who prepares a price index for the purpose of, or related to, trading electricity, electric energy, electricity services or ancillary services,

(d)   by a market participant with the AESO or the MSA,

(e)    by a market participant with another person, where required or permitted to do so by any enactment, except an ISO rule,

(f)    by a market participant with another person, where required or permitted to do so by an ISO rule, but only to the extent that sharing is for the sole purpose of financial settlement,

(g)   pursuant to an agreement or arrangement approved by the ISO before the coming into force of the FEOC Regulation, for a period of one year after the coming into force of the FEOC Regulation or until the expiry or termination of the agreement or arrangement, whichever is earlier, or

(h)   in accordance with an order of the Commission.

Market Participants with Agreements Approved by the ISO
For those market participants with information sharing agreements previously approved by the AESO that expire in 2009, those market participants must notify the Commission on or before September 15, 2009 if they intend to file an application with the Commission. 

For those market participants with information sharing agreements previously approved by the AESO that expire in 2010 or beyond, those market participants must notify the Commission on or before October 15, 2009 if they intend to file an application with the Commission. 

Once the Commission receives notification it will contact the market participant to determine the appropriate time for the filing of their application.

Parties Requiring an Order from the Commission
Those market participants without information sharing agreements previously approved by the AESO must file an application for an order from the Commission.

Subsection 3(3) of the FEOC Regulation specifies that the Commission may, on application by a market participant that is otherwise not allowed to share non-public records under subsection 3(1), issue an order permitting the sharing of those records. 

For the Commission to approve such an application a market participant must establish that the information shared will not be used for any purpose that does not support the fair, efficient and openly competitive operation of the market, and that the sharing of preferential records is reasonably necessary for the market participant to carry out its business. 

The Commission has provided the minimum filing requirements (below) to assist the Commission in determining whether a market participant has met the requirements set out in subsection 3(3)(a) and (b) of the FEOC Regulation.

Minimum Filing Requirements for Preferential Record Sharing Applications

Filing an Application - Instructions

Useful links and related information: