The Applicant was an owner of a power plant that was regulated in part through regulation; whereas the Respondent, Balancing Pool, was a public body that performed certain statutory duties that impacted the Applicant. The other Respondent, ASTC Power Partnership, was a purchaser of power from the Applicant.

The Applicant filed an Originating Notice for Judicial Review of a Decision of the Balancing Pool and served on the Balance Pool, pursuant to Rule 3.18, a Notice to Obtain a Record of Proceedings. The Balancing Pool, pursuant to Rule 3.19, objected to producing a Record of Proceedings and further claimed that it was not subject to Judicial Review.

In deciding this Application, Stevens J. stated that the determination of whether or not the Balancing Pool was required to produce a Record of Proceedings was dependant on whether the Balancing Pool’s Decision was subject to Judicial Review. Stevens J. held that the Balancing Pool’s Decision was not subject to Judicial Review and dismissed the Application to produce a Record of Proceedings.