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Decision 25488-D02-2021

C&B Alberta Solar Development ULC
Reasons for Decision 25488-D01-2020:
Decision on Application for
Review and Variance of Decision 24434-D01-2020
Tilley Solar Project – Amendment, Time Extension,
Ownership Transfer and Connection Order

January 21, 2021

Alberta Utilities Commission
Decision 25488-D02-2021
C&B Alberta Solar Development ULC
Reasons for Decision 25488-D01-2020: Decision on Application
for Review and Variance of Decision 24434-D01-2020 Tilley Solar Project – Amendment,
Time Extension, Ownership Transfer and Connection Order
Proceeding 25488
Application 25488-A001

January 21, 2021

Published by the:
       Alberta Utilities Commission
       Eau Claire Tower
       1400, 600 Third Avenue S.W.
       Calgary, Alberta T2P 0G5

       Telephone: 310-4AUC (310-4282) in Alberta
                  1-833-511-4AUC (1-833-511-4282) outside Alberta
       Email:     info@auc.ab.ca
       Website:   www.auc.ab.ca

The Commission may, within 30 days of the date of this decision and without notice, correct
typographical, spelling and calculation errors and other similar types of errors and post the
corrected decision on its website.

Alberta Utilities Commission
Calgary, Alberta

C&B Alberta Solar Development ULC
Reasons for Decision 25488-D01-2020: Decision on Application
for Review and Variance of Decision 24434-D01-2020                             Decision 25488-D02-2021
Tilley Solar Project – Amendment, Time Extension,                                     Proceeding 25488
Ownership Transfer and Connection Order                                         Application 25488-A001

1.     In Decision 25488-D01-2020, 1 the Alberta Utilities Commission granted an application
from C&B Alberta Solar Development ULC to review and vary specific findings in
Decision 24434-D01-2020 relating to the Tilley Solar Power Plant. 2 This decision provides the
reasons for Decision 25488-D01-2020 and should be read together with that document.

1            Introduction

2.      In 2017, the Commission approved an application by C&B Alberta Solar Development
ULC (CBA), to construct and operate the Tilley Solar Power Plant in the Brooks area. 3 CBA
subsequently applied to the AUC to amend that approval. Information filed in CBA’s
amendment applications included the identification of a ferruginous hawk nest located in close
proximity to the project. A wildlife referral report prepared by Alberta Environment and Parks
(AEP) included with the applications concluded that the project posed a high risk to wildlife and
wildlife habitat. In Decision 24434-D01-2020 (original decision), the Commission denied CBA’s
amendment applications and rescinded Approval 22297-D02-2017. In coming to that conclusion,
the Commission found as follows:

         38. Based on the evidence before it, the Commission finds that CBA’s proposed
         mitigation plan cannot adequately mitigate the specific risks associated with the amended
         project: the impacts of the amended project to wildlife and wildlife habitat are significant
         and the CBA’s proposed mitigation measures are not adequate, particularly in light of the
         significant infringement of the required setback from an active ferruginous hawk nest. In
         reaching this determination, the Commission relies on AEP’s decision to revise the
         overall project risk from a moderate risk ranking in the original referral report to a high
         risk ranking in the updated referral report, following consideration of the project
         amendment, which identified a new ferruginous hawk nest located 290 metres from the
         power plant. 4

1
    Decision 25488-D01-2020: C&B Alberta Solar Development ULC – Decision on Application for Review and
    Variance of Decision 24434-D01-2020 Tilley Solar Project – Amendment, Time Extension, Ownership
    Transfer and Connection Order, Proceeding 25488, Application 25488-A001, December 24, 2020.
2
    Decision 24434-D01-2020: C&B Alberta Solar Development ULC – Tilley Solar Project – Amendment,
    Time Extension, Ownership Transfer and Connection Order, Proceeding 24434, Applications 24434-A001 to
    24434-A003, December 24, 2020.
3
    Power Plant Approval 22297-D02-2017, Proceeding 22297, Application 22297-A001, March 17, 2017.
4
    Decision 24434-D01-2020, C&B Alberta Solar Development ULC Tilley Solar Project – Amendment,
    Time Extension, Ownership Transfer and Connection Order, February 21, 2020.

Decision 25488-D02-2021 (January 21, 2021)                                                                  1

Reasons for Decision 25488-D01-2020: Decision on Application
for Review and Variance of Decision 24434-D01-2020 Tilley Solar Project – Amendment,
Time Extension, Ownership Transfer and Connection Order C&B Alberta Solar Development UCA

3. CBA subsequently filed an application (R&V application) with the AUC seeking
approval to review and vary specific findings in the original decision. The R&V application was
registered on March 31, 2020, as Application 25488-A001.

4. As stated in the ruling dated December 17, 2020, 5 and in Decision 25488-D01-2020, the
Commission’s review process has two stages. In the first stage, a review panel decides if there
are grounds to review the original decision. If such grounds are found to exist, the review moves
to the second stage where it determines whether to confirm, vary or rescind the original decision.
The Commission is permitted to combine the two stages into a single proceeding, which the
review panel determined that it would do in the current proceeding because all of the information
necessary to decide both stages was available on the record of the proceeding. On
December 24, 2020, the Commission issued Decision 25488-D01-2020, which granted the
review application. This decision contains the Commission’s reasons for granting the review
application.

2 Discussion

5. CBA requested approval to reduce the total generating capability of the Tilley Solar
Power Plant from 24 megawatts (MW) to 21 MW, and to vary the equipment within the
power plant. 6 CBA altered the power plant design from mono-facial photovoltaic (PV) solar
modules on fixed-tilt racking systems to bi-facial PV solar modules on single-axis trackers. CBA
proposed to reduce the number of PV modules from approximately 93,500 315-watt modules to
79,000 365-watt modules. CBA also applied to reduce the originally proposed 11 inverter and
transfer stations to seven skid-mounted power conversion stations consisting of one inverter and
one transformer each.

6. CBA applied to transfer the power plant approval to CS Tilley Solar GP Inc., effective
April 10, 2019. CBA confirmed that CS Tilley is a wholly-owned subsidiary of CBA, and it
provided an Alberta Certificate of Incorporation for CS Tilley.

7. CBA applied for a connection order for the Tilley Solar Power Plant. CBA provided a
letter from FortisAlberta Inc. stating that it would allow the interconnection of the power plant to
its distribution system.

8. CBA submitted that the proposed amendments would not result in any increases to land,
noise or environmental impacts.

9. CBA retained Stantec Consulting Ltd. to update the noise impact assessment for the
project. Stantec concluded that the project would continue to meet the Commission’s
Rule 012: Noise Control requirements because the amendments would not result in any net
increase in the project’s sound levels.

10. CBA also retained Stantec to conduct a solar glare hazard assessment for the project. The
assessment predicted that the project would not produce any glare impacts along Highway 876,

5
Exhibit 25488-X0024, AUC Ruling on abeyance, review and variance, and request to issue decision.
6
Exhibit 24434-X0001, Tilley Application Letter for LOE, approval holder change, and connection order.

Decision 25488-D02-2021 (January 21, 2021) 2

along Highway 1, or along any of the observed flight paths and observation points at the nearby
Brooks airport.

11. In early 2019, Scott Land & Lease Ltd., on behalf of CBA, undertook a participant
involvement program to inform stakeholders of the proposed changes to the project. As part of
its participant involvement program, Scott Land conducted land title checks to determine
whether there were new stakeholders near the project, notified stakeholders of the proposed
project amendments and conducted one-on-one consultations with local residents, government
agencies and industry stakeholders. CBA stated that there were no outstanding concerns with the
project.

12. CBA confirmed that it is targeting June 22, 2022, as the commercial operation date for
the project. 7

2.1 Environment
13. CBA noted that the project was first approved based in part on AEP’s original assessment
that the project would pose a moderate risk to wildlife and wildlife habitat. Additional wildlife
surveys completed by Stantec identified two ferruginous hawk nests within the required
1,000-metre nest setback that would be considered active based on AEP criteria. 8

14. CBA stated that in June of 2020, it entered into discussions with AEP in an effort to
further reduce the risk to wildlife and wildlife habitat, and to address AEP’s concerns with regard
to the two ferruginous hawk nests identified in proximity to the project. CBA submitted a revised
memo prepared by Stantec dated October 30, 2020, which provided an updated mitigation plan
to be implemented for the project in response to the concerns identified by AEP. 9

15. CBA met with AEP on September 30, 2020, to review and update the project’s
pre-construction and construction schedule and to confirm that CBA would avoid construction
activities during the grassland breeding bird season (April 1st to July 15th) and the ferruginous
hawk restricted activity period (March 15th to July 15th) as outlined in AEP’s Master Schedule of
Standards and Conditions. CBA stated that the project’s construction schedule had been updated
to commence in mid-July/early August 2021 to avoid the ferruginous hawk restricted activity
period. To determine the status of the nests, CBA said that monitoring would occur twice per
month from March 15th to June 10th, to confirm whether a ferruginous hawk pair has re-
established the nests. If either nest was confirmed to be active, CBA indicated that no
construction activities would occur within the 1,000-metre setback. As the nests may remain
active past July 15th, CBA committed to having a qualified wildlife biologist continually monitor
the nests to confirm that no construction activities would occur until the juveniles had fledged.

16. CBA stated that during project operation and maintenance, the ferruginous hawk nests
would be monitored for activity and breeding success to comply with Standard 100.4.3 of the
Wildlife Directive for Alberta Solar Energy Projects. CBA indicated that construction activities
within areas of native grassland would be scheduled outside of the restricted activity period for

7
Exhibit 25488-X0021, Letter to AUC - Status Update, November 23, 2020, PDF page 2.
8
A second ferruginous hawk nest was identified by CBA during its environmental survey work conducted as part
of its review application.
9
Exhibit 25488-X0021, Letter to AUC – Status Update, November 23, 2020.

Decision 25488-D02-2021 (January 21, 2021) 3

breeding birds (April 1st to July 15th) as well as when grass species are dormant and during dry
and/or frozen conditions. CBA explained that the reduction in the number of solar modules would
also reduce the amount of disturbed area on native grassland.

17. On November 16, 2020, AEP issued a Review and Reassessment to assess the amended
project and determine whether a significant change in the assessment of risk to wildlife and
wildlife habitat had occurred based on the project changes proposed by CBA. 10 Due to the
significant infringements into setbacks from two ferruginous hawk nests, AEP submitted that an
increased risk would remain to the viability of the nest sites and to the ferruginous hawks that
use the sites. AEP acknowledged that mitigation options would be limited as a result of the siting
of the project and noted that CBA identified and committed to implementing all possible
alternative mitigations that are available to reduce the risk to the ferruginous hawk nests.

18. With regard to breeding birds, AEP stated that the alternative mitigation proposed by CBA
during the construction and operation of the project would adhere to AEP policy as construction
activities within areas of native grassland would be scheduled outside of the restricted activity
period for breeding birds (April 1st to July 15th). AEP noted that the operational mitigation for
the ferruginous hawk nests would also be beneficial to breeding birds, as operational maintenance
activities would be limited during restricted activity periods. AEP found that the project updates
would result in a reduction of the risk assessment for the original referral report and would reduce
the mortality risk to breeding birds during construction and operation to low risk.

19. AEP stated that the project is sited on a mix of native and tame grassland that would
provide suitable habitat for species at risk and species of management concern. It further noted
that as part of the project update, CBA had reduced the number of solar panels for the project,
which would reduce the project footprint and the disturbance area required on native grassland.

20. As a result of the changes to the project layout, infrastructure, construction schedule and
alternative mitigation measures proposed by CBA, AEP concluded:

Based on the identified alternative mitigation in the updated Project plan, AEP FWS
[Alberta Environment and Parks, Fish and Wildlife Stewardship] determined there has
been a reduction in the overall risk to wildlife and wildlife habitat for the Project. These
changes closer align the Project with the outcomes of AEP-FWS Policy and bring the
Project into better alignment with the AEP-FWS assessment of moderate risk outlined in
the Referral Report. 11

3 Findings

21. The review panel has considered the R&V application and has determined that the
technical, environmental and noise aspects of the amended power plant meet the Commission’s
requirements. The review panel finds that CBA has met all the requirements for the power plant
alteration, ownership transfer and interconnection. With respect to the ownership transfer
application, the review panel acknowledges that CS Tilley is incorporated under the Alberta

10
Exhibit 25488-X0022, Alberta Environment and Parks – CBA Tilley Solar – Updated Review.
11
Exhibit 25448-X0022, Alberta Environment and Parks letter - CBA Tilley Solar - Updated Review in Variance,
PDF page 5.

Decision 25488-D02-2021 (January 21, 2021) 4

Business Corporations Act and therefore complies with Section 23 of the Hydro and Electric
Energy Act. The review panel is satisfied that the distribution facility owner in the area,
FortisAlberta, has provided confirmation that it is prepared to connect the project.

22. The review panel accepts CBA’s submission that there will be no net increase in sound
level as a result of the amendments, and that the project complies with Rule 012.

23. The review panel considers the potential for solar glare impacts to be low, given
Stantec’s assessment that no glare will be present at any of the assessed observation points near
the power plant.

24. Although two years have passed since CBA last undertook a participant involvement
program for the Tilley Solar Project, the review panel does not consider this to be a major
concern given the historical lack of local interventions or identified concerns with the project.
The review panel is also aware of the unique circumstances of this proceeding, including a
period of abeyance followed by a compressed decision deadline. Having consideration for the
above, the review panel imposes the following as a condition of approval for the power plant:

a. CS Tilley Solar GP Inc. shall provide notification to existing stakeholders and all
occupants, residents and landowners located within 2,000 metres of the power plant of
the updates to the Tilley Solar Project. This shall be completed within four weeks of the
issuance of Decision 25488-D02-2021.

3.1 Environment
25. The review panel considered all of the evidence on the record of this proceeding in
assessing the environmental effects of the siting, construction and operation of the amended
project, including the various commitments and updated alternative mitigations committed to by
CBA in response to its further consultations with AEP. When assessing the environmental impacts
of the power plant, the review panel considered CBA’s adherence to AEP’s Wildlife Directive for
Alberta Solar Energy Projects and other related AEP guidelines or standards, as well as AEP’s
assessment of the project’s environmental impacts as reflected in its submissions.

26. The Tilley Solar Power Plant is sited on a mix of native and tame grassland and is in
close proximity to the Tilley B Reservoir which provides suitable habitat for species at risk and
species of management concern. The review panel considers that the project’s siting will result in
some habitat loss and habitat degradation, resulting in the potential for direct impacts to wildlife.

27. In its initial submission, AEP stated that CBA did not identify adequate alternative
mitigation with regard to siting project infrastructure on native grassland, and as a result AEP
assessed the risk to wildlife and wildlife habitat as high. Additionally, AEP assessed that siting
within areas of native grassland would result in an increased risk to breeding birds and potential
mortality. CBA subsequently made changes to its project equipment, which resulted in a
reduction in the number of solar panels required for the project and therefore a reduction in the
amount of disturbance on and to native grassland. Furthermore, CBA has committed to
scheduling construction activities within areas of native grassland outside of the restricted
activity period for breeding birds (April 1st to July 15th) as well as when grass species are
dormant and during dry and/or frozen conditions.

Decision 25488-D02-2021 (January 21, 2021) 5

28. Given the limited options for siting the project, the review panel agrees with AEP’s
conclusion that CBA has identified and committed to implementing all possible alternative
mitigations that are available to reduce the risk to the ferruginous hawk nests. The significant but
unavoidable setback infringement is an increased risk and therefore it is not possible to fully
eliminate the risk to ferruginous hawks. The review panel understands that as mitigation options
are limited, AEP considers that the risk to the two ferruginous hawk nests remains high.
However, CBA has updated the project plan to reduce other risks to wildlife and wildlife habitat
that had previously been assessed from high to moderate, which is similar to the risk ranking in
AEP’s referral report for the project when it was originally approved by this Commission.

29. The review panel determines that CBA’s updated mitigation and monitoring plans reduce
impacts to the ferruginous hawk nests further than CBA’s original mitigation and monitoring
plan. The review panel is satisfied that the proposed mitigation measures adequately address the
concerns expressed by the original panel, and that CBA has committed to take all possible
alternative mitigations that are available to reduce the risk to the ferruginous hawk nests. The
review panel therefore imposes the following condition of approval for the power plant:

b. CS Tilley Solar GP Inc. shall not engage in construction activities within the 1,000-metre
setback for ferruginous hawk nests during the breeding season (March 15th to July 15th)
or until juveniles have fledged and shall ensure that an experienced wildlife biologist will
continually monitor the nests to confirm that no construction activities occur until any
juveniles fledge.

30. The review panel further notes that AEP found that the construction and operational
mitigation proposed by CBA in relation to the ferruginous hawk nests would reduce the impact
on breeding birds, as construction and operational maintenance activities would be limited
during the breeding bird restricted activity period. AEP also determined that the risk to breeding
grassland birds during construction and operation of the project would be low.

31. In response to further consultation with AEP, CBA made changes to the project layout,
infrastructure, construction schedule and developed an updated wildlife mitigation plan in
consultation with AEP. Having consideration for the above, the review panel is satisfied that the
project’s potential effects on wildlife and wildlife habitat, including the risk associated with the
infringement of the setback to two ferruginous hawk nests, will be adequately mitigated with
diligent implementation of CBA’s various commitments.

32. In reaching this determination, the review panel relies on AEP’s decision to revise the
overall project risk assessment from a high risk ranking in its November 15, 2019 Amendment
Letter to a moderate risk ranking in its November 16, 2020 Review and Reassessment. Following
consideration of the project amendment, AEP submitted that the project update and alternative
mitigations would more closely align the project with the desired outcomes of AEP policy and
would bring the project into better alignment with the AEP assessment of “moderate risk.”

33. Condition 7 of the rescinded Approval 22297-D02-2017 states:

7. CBA shall conduct a post-construction monitoring program, specifying weekly
wildlife carcass surveys in all areas selected for monitoring between April 1 and
November 15, unless otherwise directed by Alberta Environment and Parks.

Decision 25488-D02-2021 (January 21, 2021) 6

34. Rule 033: Post-approval Monitoring Requirements for Wind and Solar Power Plants
came into force on July 1, 2019, and applies to all solar projects approved after
September 1, 2019. Accordingly, CS Tilley must comply with the requirements of Rule 033.
Subsection 3(3) of Rule 033 requires approval holders to submit to AEP and the Commission
annual post-construction monitoring survey reports for the period recommended by AEP in the
project’s referral report. As such, the original Condition 7 of Approval 22297-D02-2017 is
amended to reflect the requirements of Rule 033 as follows:

c. CS Tilley Solar GP Inc. shall submit a post-construction monitoring survey report to
Alberta Environment and Parks (AEP) and the Commission within 13 months of the
project becoming operational, and on or before the same date every subsequent year for
which AEP requires surveys, pursuant to Subsection 3(3) of Rule 033: Post-approval
Monitoring Requirements for Wind and Solar Power Plants.

4 Decision

35. Pursuant to sections 11 and 19 of the Hydro and Electric Energy Act, the review panel
approves the application and grants CS Tilley Solar GP Inc. the approval set out in Appendix 1 –
Power Plant Approval 25488-D03-2021 – January 21, 2021, to construct and operate the
Tilley Solar Power Plant.

36. Pursuant to Section 18 of the Hydro and Electric Energy Act, the review panel approves
the application and grants CS Tilley Solar GP Inc. the order set out in Appendix 2 – Connection
Order 25488-D04-2021 – January 21, 2021, to connect the Tilley Solar Power Plant to
FortisAlberta Inc.’s distribution system.

37. The appendices will be distributed separately.

Dated on January 21, 2021.

Alberta Utilities Commission

(original signed by)

Kristi Sebalj
Panel Chair

(original signed by)

Neil Jamieson
Commission Member

Decision 25488-D02-2021 (January 21, 2021) 7

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