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Investigations

The Investigation Process

The Market Surveillance Panel (MSP) is empowered under the Electricity Act, 1998 to conduct investigations into any activity related to the IESO-administered markets or the conduct of a market participant.

For any investigation into the behaviour of a market participant:

  • The MSP can proceed on its own initiative. In addition, any person, board, agency or tribunal can request an investigation, but must do so in writing, and provide details of the complaint or referral and any supporting information.
  • The MSP has the discretion to refuse to commence an investigation or terminate an investigation after it has begun. In either case it must have grounds and reasons to do so, and must report them to the Chair of the OEB for review.
  • When a market participant's behaviour is being investigated as a result of a complaint or referral, the participant must be notified that such an investigation is underway and, upon completion, of its outcome.
  • Should the investigation conclude that the market participant acted inappropriately, the MSP must discuss its findings with the market participant before including the findings in a report, and must provide the market participant with a reasonable opportunity to respond in writing to the allegations.

A review into market rules or procedures, or market structure can be undertaken by the MSP, with the concurrence of the Chair of the OEB. In these instances, the MSP will focus on impediments to effective competition and will recommend steps to mitigate them, such as a change in the market rules or procedures.

In conducting investigations, the Panel has access to formal powers in order to obtain information from any market participant.

Detailed information about the procedures that the IESO and market participants must follow in the investigation process is contained in Market Manual 2.7: Treatment of Market Surveillance Issues.

MSP Investigation Reports


The Market Surveillance Panel also publishes its decisions relating to investigations.

 
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