Big Thunder decision: MoE Director has discretion
The decision stemming from the application by Horizon Wind to force the Ministry of the Environment to approve the Big Thunder Wind power project has been published and is now available.
The decision includes the statement that “it is clearly a matter of the Director’s discretion whether to issue an REA, with or without terms and conditions, after a determination whether it is in the public interests.”
This raises the question about contracts for renewable power projects, as Wind Concerns Ontario maintains: the Feed In Tariff or FIT contract with the Ontario Power Authority to purchase power is the first step in the process of providing power—companies must then go through the application process to get a Renewable Energy Approval, which, as the courts have confirmed again, is at the discretion of the Director.
Read the decision here: BigThunderDecision