Appeal Process for the AUC Approval of Caroline Solar Farm

The Alberta Utilities Commission (AUC) approval of the Caroline Solar Farm by PACE Bang Energy LP is subject to established appeal mechanisms that allow affected parties to challenge the decision. This comprehensive examination outlines the available appeal processes, eligibility requirements, timeframes, and procedural considerations for parties seeking to contest the Commission's determination on this renewable energy project.

Court of Appeal Process

The primary avenue for challenging the AUC's approval of the Caroline Solar Farm is through the Court of Appeal of Alberta. This judicial review process is strictly limited in scope and subject to specific procedural requirements. Unlike a general appeal process that might evaluate the merits of a decision, this pathway focuses specifically on questions of jurisdiction and legal interpretation.

The Court of Appeal process represents a significant legal undertaking that requires careful preparation and adherence to strict timelines. Any application to appeal must focus exclusively on jurisdictional questions or potential legal errors in the Commission's decision-making process. The Court will examine whether the AUC had the proper authority to issue its decision and whether it correctly interpreted and applied relevant laws and regulations. This represents a high threshold for appellants, as the Court does not typically reconsider the factual findings or policy determinations made by the AUC14.

An applicant or any participant in the Caroline Solar Farm proceeding who is dissatisfied with the AUC's decision may formally request permission from the Court of Appeal of Alberta to appeal the decision. This critical first step involves filing an application for permission to appeal (also called an application for leave to appeal) within 30 days from the date the AUC issued its decision approving the Caroline Solar Farm2 79. The Court of Appeal maintains strict enforcement of this timeline, though in certain exceptional circumstances, it may grant an extension1.

The application for permission to appeal must clearly articulate the specific jurisdictional or legal questions being challenged. If the Court grants permission, a full appeal hearing will be scheduled. It's important to note that these rules governing Court of Appeal processes are not established by the AUC but rather form part of Alberta's Rules of Court19.

Commission Review Process

As an alternative to the Court of Appeal route, affected parties may request that the AUC review its own decision through an internal review process. This approach may be more accessible for those without significant legal resources, though it remains subject to specific limitations and requirements.

Any applicant or participant in the proceeding who is dissatisfied with the AUC's approval of the Caroline Solar Farm may request the Commission to review its decision. This application for review must be filed within 60 days from the date the decision was issued2 414. It's worth noting that some documents indicate a 30-day deadline instead7, so parties considering this option should verify the current requirement directly with the AUC.

The application must satisfy specific grounds as outlined in AUC Rule 016: Review of Commission Decisions. These grounds are intentionally limited and typically include situations where the Commission may have made an error of fact or mixed fact and law, where previously unavailable but relevant facts have emerged, where new circumstances have arisen since the decision was made, or where a person with standing was not given a hearing or proper notice of the hearing14.

This review process gives the Commission an opportunity to reconsider aspects of its decision in light of specific claims of error or new information. The process is designed to correct potential oversights while maintaining the integrity and finality of Commission decisions in most circumstances.

Eligibility to Appeal

Not all parties can appeal an AUC decision. The right to challenge the Caroline Solar Farm approval is limited to those who have established legal standing in the matter. Standing is generally granted to parties who can demonstrate that they may be directly and adversely affected by the AUC's decision.

Throughout the Caroline Solar Farm approval process, several stakeholders emerged who might potentially have standing to appeal. These include the Caroline Concerned Citizens Group (CCCG), which formed in opposition to the project and actively participated in the November 2024 hearings31. The group specifically raised concerns about the project's potential impact on wetlands and wildlife, requesting additional information about wetland mapping and the solar facility layout.

Individual landowners near the project site who formally participated in the AUC proceedings may also have standing to appeal the decision if they can demonstrate potential direct and adverse effects from the solar farm development. The videos from the hearings indicate testimony from various stakeholders, including members of the village council who expressed opposition to the project1.

PACE Bang Energy LP, as the project applicant, would also have standing to appeal any conditions attached to the approval that they find objectionable or excessively burdensome.

Practical Considerations for Appeal

Parties considering an appeal of the Caroline Solar Farm approval should be aware of several practical considerations that might influence their approach. These factors can significantly impact the likelihood of success and the resources required to pursue an appeal.

The standard for overturning AUC decisions is deliberately high, reflecting the specialized expertise of the Commission in utilities regulation. The Court of Appeal generally defers to the AUC's findings of fact and policy determinations, focusing narrowly on questions of jurisdiction and legal interpretation. This means that disagreement with the outcome alone is insufficient grounds for a successful appeal10.

Recent AUC precedents may also be relevant to potential appeals of the Caroline Solar Farm approval. In February 2025, the AUC rejected a much larger 300-megawatt solar project proposed by Eastervale Solar Inc. in the Municipal District of Provost, citing concerns about agricultural land preservation and environmental impacts on wetlands7. This decision could provide context for how the Commission balances environmental considerations with renewable energy development, potentially influencing both internal reviews and Court of Appeal determinations.

Those contemplating an appeal should also consider the continuing obligations of project developers post-approval. If the Caroline Solar Farm approval stands, PACE will be expected to follow through on any commitments made during the proceeding and must adhere to any conditions set out in the approval. Concerns about compliance with approval conditions and post-construction operations can be brought to the AUC's attention through its compliance and enforcement mechanisms214.

Conclusion

The appeal process for the AUC approval of the Caroline Solar Farm provides structured pathways for affected parties to challenge the decision. Whether through the Court of Appeal of Alberta or the Commission's internal review process, these mechanisms ensure a balance between regulatory certainty and procedural fairness.

For those considering an appeal, careful attention to eligibility requirements, filing deadlines, and grounds for appeal is essential. Court of Appeal challenges must be filed within 30 days of the decision and focus exclusively on jurisdictional or legal questions. Commission review requests must be submitted within 60 days and satisfy specific grounds outlined in AUC Rule 016.

While these appeal processes provide important safeguards against potential regulatory errors, they also reflect a deliberate policy choice to grant substantial deference to the specialized expertise of the Alberta Utilities Commission. This balance helps maintain regulatory stability while ensuring that affected parties retain avenues to address legitimate concerns about jurisdiction, legal interpretation, or significant factual errors in Commission decisions.

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