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Posted in: Ontario | Practice & Procedure | Ratemaking | Facilities

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OEB Issues Its Largest Rate Case Decision Ever By David Stevens Jan 18, 2018 On December 28, 2017, the Ontario Energy Board (OEB) issued its Decision with Reasons in the Ontario Power Generation “Payment Amounts” case, covering the 2017 to 2021 period. Among the notable determinations are an approval of the forecast costs of the Darlington Refurbishment Project and reduct...

Posted in: Ontario | Practice & Procedure | Facilities

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Ontario Court of Appeal Finds That Gas Utility’s Franchise Agreement Prevails Over Drainage Act By David Stevens Jan 16, 2018 In a decision released on January 10, 2018, the Ontario Court of Appeal found in favour of Union Gas on the question of whether the cost sharing provisions of a model franchise agreement apply to the relocation of a gas pipeline necessitated by drainage works. The Court found that the provisions ...

Posted in: Ratemaking | Practice & Procedure

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FERC Rejects Secretary of Energy Direction to Assure Cost Recovery for Coal and Nuclear Generators By David Stevens Jan 12, 2018 On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued an Order terminating a rulemaking proceeding ordered by the U.S. Secretary of Energy (Rick Perry). This overrules Secretary Perry’s September 2017 Direction and “Notice of Proposed Rulemaking” to the FERC requiring the est...

Posted in: Utility Mergers | Ratemaking | Practice & Procedure | Ontario

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OEB Allows Review Motions in Hydro One/Orillia Power Proceeding By Fred D. Cass Jan 10, 2018 In August 2017, we wrote about a Procedural Order issued by the Ontario Energy Board in which the OEB adjourned the hearing of an application (“MAADs” application) by Hydro One Inc. for approval to acquire Orillia Power Distribution Corporation until a decision on Hydro One’s distribution rate ap...

Posted in: Energy Insider

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2017 in Review – Top Ten Energy Insider Posts By David Stevens Dec 29, 2017 This has been another busy year in Canada’s energy sector. We have enjoyed following and learning about new and ongoing developments in a variety of topic areas and jurisdictions, and hope you found our blog posts informative.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Draft Report on Wireline Pole Attachment Rates By Fred D. Cass Dec 28, 2017 Earlier this month, the Ontario Energy Board issued a draft report on policies for wireline pole attachment rates charged by electricity distributors for attachments by telecommunication and cable companies to distribution poles. The draft report resulted from the OEB’s policy consultation on wir...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Releases Nordicity Report on Wireline Pole Attachments By Fred D. Cass Dec 27, 2017 On December 18, 2017, the Ontario Energy Board released a report prepared by Nordicity Group Ltd. with respect to wireline pole attachments by telecommunication and cable companies on electricity distribution poles. Nordicity was retained by the OEB to facilitate meetings of the OEB’s Pole ...

Posted in: Ontario | Energy Policy

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OEB Publishes Its Strategic Blueprint By David Stevens Dec 21, 2017 Earlier this month, the Ontario Energy Board (OEB) released its Strategic Blueprint for 2017 to 2022. This document, titled “Keeping Pace with an Evolving Energy Sector,” sets out the OEB’s updated statement of “[its] Vision, Mission and Values and of the Goals and Objectives that will guide [its...

Posted in: Ontario | Practice & Procedure

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Ontario Appoints Panel to Review the OEB By Scott Stoll Dec 18, 2017 On Friday, December 15, 2017, Ontario announced that it appointed Richard Dicerni to head an expert panel to conduct a review of the province's independent energy regulator – the Ontario Energy Board. According to the announcement, the panel will seek feedback from the public starting in sp...

Posted in: British Columbia | Facilities | Energy Policy

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B.C. Decides to Move Ahead with Site C Dam By David Stevens and Nicholas Smith Dec 13, 2017 The Government of British Columbia has decided to proceed with construction of the Site C Dam following its review of the BC Utilities Commission (BCUC) Final Report. In an announcement made on December 11, 2017, Premier John Horgan expressed the difficulty faced by the NDP government in coming t...

Posted in: Climate Change / Renewables | Energy Policy | Ontario

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Near Sell-Out in the Final Ontario-Only Carbon Credit Auction By David Stevens Dec 12, 2017 On December 6, 2017, the results from Ontario’s final 2017 Cap and Trade Program Auction of Greenhouse Gas Allowances were released. As had been the case for the three previous 2017 auctions, all available current allowances were sold at the November 29, 2017 auction. Additionally, as was the cas...
Ontario Proposes New Regulations to Support Expanded Net Metering By David Stevens Dec 08, 2017 A series of recent postings to Ontario’s Regulatory Registry set out proposed amended or new regulations that are intended to support expanded net metering opportunities in Ontario. These proposals follow the commitment in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) to give customers new way...

Posted in: Practice & Procedure | Ontario | Consumer Protection

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Court Denies Certification of Proposed Class Action Against Hydro One By David Stevens Dec 07, 2017 On November 28, 2017, the Ontario Superior Court dismissed a motion to certify a class action against Hydro One Networks Inc. (Hydro One) that sought damages of $100 million related to alleged overcharges resulting from the rollout of a new customer information system (CIS) starting in 2013. As s...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Plans to Introduce “Proportionate Review” of Utility Rate Applications By David Stevens Dec 01, 2017 A recent webinar presented by Ontario Energy Board staff to representatives of Ontario’s electricity distributors sets out the OEB’s plan to link utility performance and regulatory review. As seen in the presentation from the webinar, the OEB intends to employ a more light-handed review process f...

Posted in: Ontario | Practice & Procedure | Climate Change / Renewables

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Ontario Confirms Updated Cap and Trade Regulations to Link with Quebec and California By David Stevens Nov 30, 2017 Ontario’s Ministry of the Environment and Climate Change (MOECC) has confirmed that a decision has been made to proceed with amended regulations to facilitate the linkage of Ontario’s Cap and Trade program with California and Quebec (discussed in an earlier post). This will ensure tha...

Posted in: Climate Change / Renewables | Ontario | Practice & Procedure

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Sell-Out in Final California/Quebec Carbon Allowances Auction Before Ontario Joins By David Stevens Nov 24, 2017 The results from the November 14, 2017, California and Quebec joint auction of greenhouse gas (GHG) allowances were released on November 22, 2017. All available current and future vintage allowances from both Quebec and California were sold at the latest auction. As we have described in previous ...

Posted in: Ontario

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Ontario Government Passes Sweeping Changes to Employment Standards Legislation By Michael F. Horvat Nov 23, 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was passed by the Ontario legislature on Wednesday, November 22, 2017.
Directives Issued to IESO and OEB to Prepare Implementation Plans for 2017 LTEP By David Stevens Nov 16, 2017 In late October, Ontario’s Minister of Energy (Glenn Thibeault) issued Directives to the Independent Electricity System Operator (IESO) and the Ontario Energy Board (OEB), requiring each body to prepare “implementation plans” setting out the steps they intend to take to implement the goals and ob...
Ontario Ministry of Energy Proposes Regulatory Changes to Start Implementing 2017 LTEP By David Stevens Nov 15, 2017 As we discussed in an earlier post, many of the new initiatives set out in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) will require changes to statutes and/or regulations. Late last month, the Ontario Ministry of Energy announced changes to a couple of regulations to begin implementing annou...

Posted in: Energy Policy | Facilities | Climate Change / Renewables | British Columbia

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British Columbia Utilities Commission Issues Final Report About Site C Project By David Stevens and Nicholas Smith Nov 09, 2017 On November 1, 2017, the British Columbia Utilities Commission (BCUC) issued its Final Report on BC Hydro’s “Site C” hydroelectric project. This Final Report represents the culmination of a nearly three-month long investigatory and consultative process to re-examine the viability and appropriaten...

Posted in: Ontario | Practice & Procedure | Consumer Protection

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OEB Again Bans Winter Disconnections of Residential Electricity Customers By David Stevens Nov 06, 2017 On November 2, 2017, the Ontario Energy Board (OEB) issued a Decision and Order amending the licences of electricity distributors to direct that residential customers may not be disconnected during the winter season. This follows a similar OEB direction last winter that was put into place after t...

Posted in: Climate Change / Renewables | Energy Policy | Canada (Federal)

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NEB Predicts Canadian Fossil Fuel Use Will Peak in 2019 By Sean Green and David Stevens Nov 02, 2017 The National Energy Board (NEB) now predicts Canadian’s use of fossil fuels will peak around 2019. In a shift from previous years, the NEB’s report released in October 2017, titled Canada’s Energy Future 2017: Energy Supply and Demand Projections to 2040, credits advances in technology and climat...
Ontario’s New Long Term Energy Plan Stays the Course By David Stevens Nov 01, 2017 On October 26, 2017, Ontario’s Minister of Energy Glenn Thibeault released Ontario’s 2017 Long-Term Energy Plan (2017 LTEP). This long-awaited document is intended to set the course for Ontario’s energy supply over the coming years. While the 2017 LTEP does include some new plans and initiatives,...

Posted in: Facilities | Practice & Procedure | Canada (Federal)

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NEB Publishes Interactive Pipeline Incidents Tool By David Stevens Oct 26, 2017 Recently, the National Energy Board (NEB) published an interactive online tool that helps users access and review a wide range of information about pipeline incidents at NEB-regulated pipelines and facilities. This tool allows interested parties to find, compare, sort and review data about “repor...
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