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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: 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: 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: 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...
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...
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: 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...

Posted in: Practice & Procedure | Ratemaking

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OEB Allows Correction of Error From 2011 Rates Proceeding By Fred D. Cass Sep 22, 2017 On September 21, 2017, the Ontario Energy Board issued a decision in which it ordered Natural Resource Gas Limited (NRG) to correct the reference prices used in NRG’s Purchased Gas Transportation Variance Account (PGTVA) for fiscal years 2011 to 2015. NRG records in the PGTVA, on a monthly ...

Posted in: Ratemaking | Ontario

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OEB Releases Final Report on the Treatment of Pension Costs By David Stevens and Dillon Collett Sep 21, 2017 The Ontario Energy Board (OEB) released its Final Report on the Regulatory Treatment of Pension and Other Post-employment Benefits Costs (the Report) on September 14, 2017. The Report establishes the use of the accrual accounting method as the default method that rate-regulated entities must use ...

Posted in: Ratemaking | Practice & Procedure

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Alberta Utilities Commission Comments on Arguments About Information Asymmetry By Fred D. Cass Sep 08, 2017 On August 29, 2017, the Alberta Utilities Commission (AUC) issued a decision on an application by ATCO Pipelines for approval of its 2017-2018 general rate application. The decision addressed many issues, including points of dispute with regard to rate base and operating costs and numerous issues...

Posted in: Ratemaking | Practice & Procedure

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OEB Requires More Detail Regarding Operational Concerns Identified in Settlement Proposal By Fred D. Cass Sep 07, 2017 The OEB issued a decision on August 24, 2017 in which it directed the parties to a Settlement Proposal to make best efforts to revise the Settlement Proposal to provide more information on the nature of operational concerns referred to in it. The decision arose out of a rates application filed by...

Posted in: Ontario | Practice & Procedure | Ratemaking | Energy Policy | Consumer Protection

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Selected Ontario Utilities to Test New Electricity Pricing Options By David Stevens Aug 30, 2017 On August 24, 2017, the Ontario Energy Board (OEB) announced that three Ontario electricity distributors will be implementing new electricity commodity pricing options for consumers who use the “Regulated Price Plan” (RPP). Among other things, the new pricing options will include “enhanced” Time-...

Posted in: Energy Policy | Ratemaking | Alberta

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Alberta Utilities Commission Comments on Deemed and Actual Equity Ratios By Fred D. Cass Aug 03, 2017 On November 30, 2016, ENMAX Power Corporation applied to the Alberta Utilities Commission (AUC) for approval of a deemed equity ratio of 37 per cent for its distribution and transmission functions for 2016 and 2017. In its earlier generic cost of capital decision (Decision 20622-D01-2016), the AU...

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

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OEB Adjourns Consideration of Application for Approval to Purchase Orillia Power By Fred D. Cass Aug 02, 2017 On October 11, 2016, Hydro One applied to the Ontario Energy Board for approval to purchase all of the shares of an electricity distributor, Orillia Power Distribution Corporation. In its application (under OEB docket number EB-2016-0276), Hydro One proposed a 1% rate reduction in 2016 base elect...

Posted in: Consumer Protection | Ontario | Ratemaking | Energy Policy

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OEB Announces New Electricity Prices to Reflect the Fair Hydro Plan By David Stevens Jun 23, 2017 On June 22, 2017, the Ontario Energy Board announced new electricity prices that are intended to implement the promised 25% bill reduction from the Ontario Government’s Fair Hydro Plan.1 For most consumers, the impact will be seen in the form of reduced Regulated Price Plan (RPP) electricit...

Posted in: Ontario | Ratemaking | Consumer Protection | Energy Policy

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Regulations Published to Implement Ontario's Fair Hydro Plan By David Stevens Jun 22, 2017 On May 31, 2017, the Ontario Government passed Bill 132, which is intended to implement the Government’s promised Fair Hydro Plan (discussed in earlier posts, here, here and here). The main part of Bill 132 is the Ontario Fair Hydro Plan Act, 2017, which is included as Schedule I and is ref...

Posted in: Consumer Protection | Ratemaking | Ontario

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OEB Expands Rate Review to Include Energy Retailer Service Charges By Stephanie D’Amico and David Stevens Jun 12, 2017 On May 31, 2017, the Ontario Energy Board (OEB) released a letter stating its intention to review and update Energy Retailer Service Charges for both electricity and natural gas distributors. The review is the second phase of a larger initiative undertaken by the OEB to reevaluate misce...

Posted in: Ratemaking | Ontario

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OEB Releases Report on Regulatory Treatment of Pension Costs By Gaurav Gopinath and David Stevens Jun 08, 2017 On May 18, 2017, pursuant to the consultation process initiated two years ago, the Ontario Energy Board (OEB) released its Report on the Regulatory Treatment of Pension and Other Post-employment Benefits (OPEBs) Costs (“the Report”) discussing the method by which r...
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