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Guarantees and Contingencies
6 Months Ended
Jun. 30, 2017
Contingencies  
Guarantees and Contingencies

12. Guarantees and Contingencies

 

Guarantees

 

We and our subsidiaries enter into various contracts that include indemnification and guarantee provisions as a routine part of our business activities. Examples of these contracts include asset purchases and sale agreements, joint venture agreements, operation and maintenance agreements, and other types of contractual agreements with vendors and other third parties, as well as affiliates. These contracts generally indemnify the counterparty for tax, environmental liability, litigation and other matters, as well as breaches of representations, warranties and covenants set forth in these agreements.

 

Contingencies

 

Ontario Electricity Financial Corporation (“OEFC”) Settlement

 

On January 19, 2017, the Supreme Court of Canada denied the Ontario Electricity Financial Corporation (“OEFC”) leave to appeal the Ontario Court of Appeal Decision concerning the interpretation of the price escalator for power sold to the OEFC under certain power purchase agreements with non-utility generators. We were not party to that litigation. We did, however, enter into a standstill agreement with the OEFC in April 2015, with respect to our North Bay, Kapuskasing and Tunis projects, arising out of our disagreement with the OEFC over the interpretation of the price escalator calculation in our PPAs. Under the standstill agreement we reserved our right to bring claims against the OEFC and suspended the running of any applicable limitation period to bring such claims.

 

On April 27, 2017, we entered into a settlement agreement with the OEFC with respect to our standstill agreement. Under the terms of the settlement, the OEFC has agreed to pay us approximately Cdn$36.4 million, representing the application of the price escalator calculation under the respective PPAs for power sold to the OEFC beginning in April 2013 and through December 31, 2017.

 

Of the Cdn$36.4 million amount agreed upon in settlement, we have received Cdn$32.8 million (approximately $24.7 million) and recorded it as revenue in the three and six months ended June 30, 2017, the period when all contingencies have been resolved. The remaining Cdn $3.6 million of the settlement relates to the application of the price escalator to the enhanced dispatch contracts at North Bay and Kapuskasing and will be recognized as revenue, when earned, through the expiration date of December 31, 2017.

 

From time to time, Atlantic Power, its subsidiaries and the projects are parties to disputes and litigation that arise in the normal course of business. We assess our exposure to these matters and record estimated loss contingencies when a loss is likely and can be reasonably estimated. There are no matters pending which are expected to have a material adverse impact on our financial position or results of operations or have been reserved for as of June 30, 2017.