TransAlta operates the Brazeau River hydroelectric facility under a 1960 agreement with Alberta.
The agreement limits certain activities near the facility, especially mineral rights grants, to prevent interference with the dam’s safety and operations.
Hydraulic fracturing (fracking) near the facility raised safety concerns due to induced seismic activity.
Plaintiff’s Claim:
TransAlta alleges Alberta breached the agreement by not imposing necessary restrictions on mineral leases to prevent fracking-related risks.
They seek declarations and compensation for potential damages, including costs of upgrading the dam to mitigate seismic risks.
Defendant’s Position:
Alberta denies breaching the agreement and argues the claims are time-barred.
The province also contends that fracking permits were handled properly and denies any reversal of policy.
Disputed Documents:
TransAlta seeks access to government briefing notes about hydraulic fracturing policies, claiming they may reveal relevant policy decisions.
Alberta invoked public interest immunity to protect certain documents, leading to a dispute over their disclosure.
Court’s Decision:
The court leaned toward ordering the production of these documents but will review them first to ensure relevancy and confidentiality are maintained.
The court also denied several of TransAlta’s requests for additional government undertakings, citing the burden of extensive historical record searches.
nNo monetary award specified.
As of the decision dated November 20, 2023, the court had not yet made a final ruling on the merits of the case. Instead, it addressed procedural matters, particularly the disclosure of certain government documents. Hence, there is no clear successful party.
