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

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Ontario Announces Plans for Spending Cap and Trade Proceeds By David Stevens Aug 22, 2017 Recently, the Ontario Minister of Environment and Climate Change announced the creation of a $100 million Municipal GHG Challenge Fund. The new fund is intended to fund greenhouse gas (GHG) emissions reduction projects in Ontario communities. Examples of the type of projects that might receive fu...

Posted in: Ontario Court of Appeal | Ontario

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Ontario Court of Appeal Established New Privacy Rights – Utility Consumption Data and Grow Ops By Paige Backman Aug 21, 2017 If you are a utility monitoring consumption data, think twice before providing any of that information to the police. You may need to ensure the police first provide you with a warrant or other judicial authorization specifically requesting the information. The Ontario Court of Appeal, distinguis...

Posted in: Practice & Procedure | Ontario | Energy Policy

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Ontario Superior Court Dismisses Claim Challenging Sale of Hydro One Shares By David Stevens Aug 18, 2017 On August 14, 2017, the Ontario Superior Court of Justice released a decision dismissing a claim made by the Canadian Union of Public Employees (CUPE) against the Ontario government related to the sale of shares of Hydro One Networks Inc. to the public. The Court dismissed CUPE’s claim as b...

Posted in: Practice & Procedure | Ontario

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OEB Approves Natural Gas Community Expansion Projects By Fred D. Cass Aug 11, 2017 Previously, we wrote about a decision of the Ontario Energy Board in a generic proceeding (EB-2016-0004) that established a framework for the expansion of natural gas service to communities without access to natural gas. In the generic decision, the OEB concluded that it is not necessary or appro...

Posted in: Facilities | Ontario

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OEB Approves Acquisition of Natural Gas Distribution System by EPCOR By Fred D. Cass Aug 10, 2017 On August 3, 2017, the Ontario Energy Board issued its Decision and Order with respect to an application by Natural Resource Gas Limited (NRG) for approval to sell its natural gas distribution system to EPCOR Natural Gas Limited Partnership (EPCOR), a wholly-owned, indirect subsidiary of EPCOR Ut...

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

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Supreme Court of Canada Rules That NEB Can Fulfill the Duty to Consult By Stephanie D’Amico and David Stevens Aug 09, 2017 Introduction On July 26, 2017, the Supreme Court of Canada (SCC) released companion decisions that address the extent and manner in which regulatory agencies can participate in the Crown’s duty to consult Aboriginal groups. Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. and Chippewas o...

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...
Energy Storage Developments in Canada, the U.S. and Beyond in the Last Twelve Months By David Stevens and Jasmine Chung Jul 27, 2017 The topic of energy storage has been front and centre in the energy world in the past twelve months. As discussed previously (here and here), energy storage has been referred to by many commentators as a "game changer" because it will greatly improve the efficient use of electricity resources (ge...

Posted in: British Columbia | Canada (Federal) | Facilities

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Federal Court of Appeal Finds That BC Pipeline May Be Subject to NEB Jurisdiction By David Stevens Jul 25, 2017 On July 19, 2017, the Federal Court of Appeal released its Decision in a case related to the National Energy Board’s (NEB) jurisdiction over the proposed Prince Rupert Gas Transmission Project (PRGTP). The Court reversed an earlier NEB Decision holding that the NEB had no jurisdiction over the P...

Posted in: Ontario | Consumer Protection

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Input Sought on Updated Regulations to Implement Ontario’s Door-to-Door Sales Ban and Other Changes to Consumer Loan and Lease Rules By David Stevens Jul 18, 2017 Ontario’s Ministry of Consumer Services recently released two Consultation Papers related to changes to the Consumer Protection Act (CPA) that had been enacted through Bill 59, which is titled Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017. The aim of the Cons...

Posted in: Ontario | Quebec | Climate Change / Renewables

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Green Bonds: A Developing Market for Clean Infrastructure Financing By David Stevens and Gaurav Gopinath Jul 13, 2017 The global market for green bonds has grown by over 100 per cent annually for the last two years, and is expected to reach US$206 billion this year – an oasis in troubled times for bond markets. On June 13, 2017, Apple Inc. announced that it had raised US$1 billion to finance renewable ener...
Ontario’s New Long-Term Energy Plan to Be Released Around Late Summer of 2017 By David Stevens Jul 11, 2017 On July 7, 2017, the Ontario Ministry of Energy released a proposal for a new Regulation under the Electricity Act, 1998 that will specify the timing for Ontario’s Long-Term Energy Plan (LTEP). If the Regulation is issued, then the new LTEP will be released within three months of the Regula...
Federal Government Issues Discussion Paper About Modernizing Energy Project Review Processes By David Stevens Jul 07, 2017 On June 29, 2017, the Federal Government released a Discussion Paper on Environmental and Regulatory Reviews. As set out in its “Purpose” statement, the Discussion Paper “outlines the changes that the Government is considering for Canada’s environmental assessment and regulatory processes that wi...

Posted in: Climate Change / Renewables | Facilities | Energy Policy | Nova Scotia

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Federal Funds Rise for Tidal Power Research in Nova Scotia By Stephanie D’Amico and David Stevens Jul 04, 2017 On June 22, 2017, Canada’s Minister of Natural Resources, Jim Carr, announced that the Federal Government will invest $1 million in a tidal energy project led by the Offshore Energy Research Association of Nova Scotia (OERA). OERA is a not-for-profit organization focused on offshore energy ...

Posted in: Climate Change / Renewables

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Canadian Securities Regulators Turn Attention to Climate Risk Disclosures By Thomas A. Fenton and Gaurav Gopinath Jul 04, 2017 On March 21, 2017, the Canadian Securities Administrators (CSA) announced that it will undertake a review of public company disclosures of climate-related risks. The review will assess Canadian and international disclosure practices and collect anonymous feedback from investors and issu...

Posted in: Energy Policy | Climate Change / Renewables

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California's Supreme Court Confirms Dismissal of Challenge to Cap and Trade Program By David Stevens Jun 29, 2017 On June 28, 2017, the California Supreme Court declined to hear an appeal of a case that had confirmed the constitutionality of California's Cap and Trade Program. As explained in a news article, this marks the end of the current legal challenges to the Cap and Trade program in California. As we...

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

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NEB Reports Discuss GHG Emissions By Economic Sector, Including Residential Electricity Consumption By David Stevens Jun 23, 2017 In two recent “Market Snapshot” reports, the National Energy Board (NEB) provided information about the main sources of greenhouse gas (GHG) emissions in Canada during 2015. These reports offer some insight into the main areas where GHG emissions reductions might be targeted in coming...

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: Ontario | Energy Policy | Consumer Protection

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OEB Provides First Look at Proposed New Cyber Security Framework By Gaurav Gopinath and David Stevens Jun 16, 2017 In December 2015, the lights blinked out across multiple provinces in the Ivano-Frankivsk region of Ukraine. Nearly a quarter of a million people lost power. Shortly after power was restored, Ukraine’s Computer Emergency Response Team announced they had identified the root cause: a cyberatt...

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

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All Current Allowances Sold at Ontario’s Second Carbon Credit Auction By David Stevens Jun 15, 2017 On June 14, 2017, the results from Ontario’s second Cap and Trade Program Auction of Greenhouse Gas Allowances were released. All available current allowances were sold at the June 6, 2017 auction, along with more than half of the future allowances available for sale. The recent auction was...

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: Energy Policy | Ontario | Climate Change / Renewables

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OEB’s First Long-Term Carbon Price Forecast Report By Jasmine Chung and David Stevens Jun 09, 2017 On May 31, 2017, the Ontario Energy Board (OEB) issued its first Long-Term Carbon Price Forecast Report (the Report). The Report covers the 2018-2028 period and was prepared by ICF Consulting Canada. The Report projects a carbon price of $17 per tCO2e in 2018 rising to $57 per tCO2e in 2028....
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