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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: 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: 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: 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: 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...
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: Ratemaking | Ontario | Energy Policy

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Ontario’s Auditor General Highlights the Cost of the Fair Hydro Plan By David Stevens Oct 25, 2017 On October 17, 2017, Ontario Auditor General Bonnie Lysyk released a special report titled The Fair Hydro Plan: Concerns About Fiscal Transparency, Accountability and Value For Money. The AG Report is quite critical of the Ontario government’s approach to the “Fair Hydro Plan,” stating (among oth...

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

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Proposed Regulation of Compressed Air Energy Storage in Ontario By David Stevens and Rebecca Hines Oct 20, 2017 Recently, the Ontario government provided details of a new regulatory framework that would license and oversee compressed air energy storage (CAES) projects in Ontario. Overview Currently, under the Oil, Gas and Salt Resources Act (OGSRA), the Minister of Natural Resources and Forestry licenses ...

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

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Ontario Publishes Draft Rules for Cap and Trade “Offset Credits” By David Stevens Oct 17, 2017 Ontario’s Ministry of the Environment and Climate Change (MOECC) has published two proposals related to several new or amended regulations to facilitate linkage of Ontario’s Cap and Trade program with California and Quebec (discussed in an earlier post). The September 22nd proposal d...

Posted in: Ratemaking | Ontario | Facilities

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OEB Approves Hydro One's Transmission Revenue Requirement, With Some Changes By David Stevens Oct 02, 2017 On September 28, 2017, the Ontario Energy Board (OEB) released its Decision on Hydro One’s transmission revenue requirement for 2017 and 2018. For the most part, the OEB accepted Hydro One’s forecasts and requests, although there are a number of areas where there are differences.

Posted in: Climate Change / Renewables | Consumer Protection | Ratemaking | Ontario

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Proposed Legislation Would Require Cap and Trade Costs to Be Identified on Ontario Gas Bills By David Stevens Sep 28, 2017 The Transparency in Gas Pricing Act, 2017 passed second reading on September 21, 2017, and has been referred to the Ontario Legislature’s Standing Committee on Finance and Economic Affairs. This proposed legislation, which is sponsored by an opposition party MP, would require that every gas...

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

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OEB Approves Gas Utilities’ 2017 Cap and Trade Compliance Plans By Dennis M. O'Leary Sep 27, 2017 On September 21, 2017, the Ontario Energy Board issued its public and confidential decisions approving the 2017 Cap and Trade Compliance Plans filed by the three Gas Utilities subject to certain minor administrative adjustments. The Board approved the total estimated cost consequences for rate ma...
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