Court of Appeal Upholds TransAlta's Favourable Force Majeure Arbitration Decision
Retrieved on:
Friday, June 10, 2022
The Court of Appeal upheld the Company's claim of force majeure that arose when its Keephills 1 generating unit tripped off-line in 2013.
Key Points:
- The Court of Appeal upheld the Company's claim of force majeure that arose when its Keephills 1 generating unit tripped off-line in 2013.
- As a result of the decision, the Company's claim of force majeure remains valid and the associated costs of the force majeure event will not be reassessed against TransAlta.
- TransAlta Generation Partnership ("TransAlta") was the owner and ENMAX was the buyer under the Keephills Power Purchase Arrangement (the "PPA").
- ENMAX and the Balancing Pool disputed the force majeure claim and initiated an arbitration against TransAlta.