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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...

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

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Proposed Amendments to Increase Innovation and Development in Marine Renewable Energy Sector By David Stevens and Rebecca Hines Oct 11, 2017 On October 5, 2017, the Government of Nova Scotia announced that it will amend its Marine Renewable-energy Act to make it easier for tidal technology developers “to assess innovative, lower-cost tidal energy technologies” and bring their technologies to market faster. The amendments are also inte...

Posted in: Energy Policy | U.S. | Climate Change / Renewables

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U.S. Secretary of Energy Directs Regulator to Assure Cost Recovery for Coal and Nuclear Generators By David Stevens Oct 10, 2017 In late September 2017, the U.S. Secretary of Energy (Rick Perry) issued a Direction and “Notice of Proposed Rulemaking” to the Federal Energy Regulatory Commission (FERC) requiring the establishment of market rules to assure cost recovery for baseload generators. The specific requirement is for ...

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

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TransCanada Abandons Energy East Project By David Stevens Oct 05, 2017 On October 5, 2017, TransCanada Corporation announced that it will not proceed with the Energy East and Eastern Mainline projects. As a result, TransCanada will withdraw its applications to the National Energy Board for these projects.

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

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Court Orders Government to Reconsider its Approval of an Assignment of an Easement Related to the Trans Mountain Pipeline By David Stevens and Dillon Collett Oct 05, 2017 In a decision related to the Trans Mountain pipeline, the Federal Court of Appeal has decided against Kinder Morgan and the Federal Government. In Coldwater Indian Band v. Canada (Aboriginal Affairs and Northern Development), issued on September 26, 2017, the FCA held that the Minister of Indigen...

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: Ontario | Energy Policy | Quebec | Climate Change / Renewables

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Ontario Announces Linkage of Cap & Trade with Quebec and California By Dennis M. O'Leary Sep 25, 2017 A number of provinces and states (including Ontario, Quebec and California) are members or participants in the Western Climate Initiative (WCI), a non-profit corporation which provides administrative and technical services in support of Cap and Trade Programs. Currently, Quebec and California hav...
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