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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: 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.
BCUC’s Preliminary Report About Site C Reaches Few Conclusions By David Stevens Sep 22, 2017 On September 20, 2017, the British Columbia Utilities Commission (BCUC) issued its Preliminary Report about BC Hydro’s “Site C” hydroelectric project. This is the final step in the “fact gathering” phase of the Government-ordered “Site C Inquiry Process.”...
U.S. Federal Court Tells Regulators to Consider “Downstream Effects” of Proposed Natural Gas Pipelines By David Stevens and Nicholas Smith Sep 13, 2017 On August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit overruled the Federal Energy Regulatory Commission’s (FERC) 2016 approval of the Southeast Market Pipelines Project. The project proposes the construction of three pipeline segments that will transport liquid...
TransCanada Asks the NEB to Suspend Considering the Energy East Application By David Stevens Sep 08, 2017 On September 7, 2017, TransCanada announced that it has filed a letter with the National Energy Board (NEB) seeking a 30-day suspension of the Energy East and Eastern Mainline Applications. TransCanada’s letter indicates that it requires this time to review the NEB’s recently released...

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

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Federal Court of Appeal Reluctantly Allows BC Attorney General to Intervene in Trans Mountain Appeal By David Stevens Sep 05, 2017 On August 29, 2017, the Federal Court of Appeal (FCA) issued a Decision allowing the Attorney General of British Columbia (AG-BC) to intervene in an appeal of the Federal Government’s approval for the expansion of the Trans Mountain pipeline. It is worth noting, though, that the FCA’s...

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

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NEB to Consider Upstream and Downstream GHG Emissions in Energy East Review By David Stevens Aug 25, 2017 On August 23, 2017, the National Energy Board (NEB) issued its Decision on the List of Issues for the review of TransCanada’s proposed Energy East and Eastern Mainline projects. The List of Issues is intended to be an indication of the key items that are relevant to the NEB’s review. ...

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: 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...
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...
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...

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 | Energy Policy | Facilities | Canada (Federal)

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Federal Government Releases Draft Rules to Reduce Methane Emission in Oil and Gas Sector By David Stevens Jun 02, 2017 On May 25, 2017, the federal government released a draft of the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector). The proposed regulations aim to reduce intentional and unintentional methane emissions by imposing restr...

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

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Expert Panel Releases Report on Modernization of the NEB By David Stevens May 18, 2017 On May 15, 2017, the Expert Panel on the Modernization of the National Energy Board (NEB) released their report, titled “Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future” (the Report). A key recommendation in the Report is the need for a clearly-defined ...
NEB Publishes Energy East Project Draft Lists of Issues For Comment By David Stevens May 16, 2017 On May 10, 2017, the National Energy Board (NEB) issued a letter on the draft Lists of Issues related to the Energy East and Eastern Mainline pipeline projects, as well as draft Factors and Scope of the Factors to be considered in the NEB’s environmental assessment of each project. As we ha...
Legislation Introduced to Implement Ontario’s “Fair Hydro Plan” By David Stevens May 15, 2017 On May 11, 2017, the Ontario Government introduced Bill 132, which is intended to implement the government’s promised Fair Hydro Plan (discussed in earlier posts, 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 refer...

Posted in: Practice & Procedure | Facilities | Quebec | Newfoundland

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Supreme Court of Canada Grants Leave to Appeal in Churchill Falls Contract Dispute By David Stevens Apr 24, 2017 On April 20, 2017, the Supreme Court of Canada (SCC) granted leave to appeal to Churchill Falls (Labrador) Corporation Limited (CFLCo) against Hydro-Quebec in a case challenging the pricing for a 65-year power purchase agreement signed by the parties in 1969. As we described in an earlier post, C...

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

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NEB Makes Key Pipeline Safety Standard Available For Free By David Stevens Apr 17, 2017 On April 6, 2017, the National Energy Board (NEB) announced that it is launching a one-year pilot project to make a key pipeline safety standard available to the public free of charge. Up to this point, the Oil and Pipeline Safety Systems Standard from the Canadian Standards Association (CSA Z662...

Posted in: Ontario | Practice & Procedure | Facilities | Consumer Protection

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OEB Requires Electricity Distributor to Take Over Embedded Distributor's Operations By David Stevens Apr 13, 2017 On April 4, 2017, the Ontario Energy Board (OEB) issued an Order requiring Algoma Power Inc. (Algoma Power) to operate the electricity distribution system owned by Dubreuil Lumber Inc. (DLI) in the Township of Dubreuil (which is north of Wawa, Ontario). The OEB's Order follows notification from D...

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

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Federal Expert Panel Releases Report on Environmental Assessment Processes By David Stevens Apr 11, 2017 On April 5, 2017, the Expert Panel appointed by Canada's Minister of Environment and Climate Change released their report on the review of federal environmental assessment processes. The report, titled Building Common Ground: A New Vision for Impact Assessment in Canada, describes the consultatio...
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