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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: 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: 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...

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....

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...

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

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OEB Convenes Net Metering Consultation in Advance of New Rules By David Stevens May 26, 2017 On May 25, 2017, the Ontario Energy Board (OEB) issued a letter convening a “Net Metering Consultation.” The Net Metering Consultation is intended to explore the implications of the updated Net Metering Regulation (which will come into force on July 1, 2017), and to determine what cha...

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

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Ontario’s Financial Accountability Office Finds That “Fair Hydro Plan” Has a Net Cost of $21 Billion By David Stevens May 25, 2017 On May 24, 2017, Ontario’s Financial Accountability Office (FAO) published its Assessment of the Fiscal Impact of the Province’s Fair Hydro Plan. This Assessment reviews how Ontario’s Fair Hydro Plan (FHP) will impact electricity ratepayers and provincial finances. As set out in...

Posted in: Practice & Procedure | Ontario | Consumer Protection

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OEB Issues “Consumer Charter” and Announces Details of Review of Utilities’ Current Customer Service Rules By David Stevens May 24, 2017 On May 16, 2017, the Ontario Energy Board (OEB) published its “Consumer Charter.” As explained by the OEB, the Consumer Charter sets out the key rights held by Ontario energy consumers in an “easily understood format.” The consumer rights addressed in the Consumer Charter ...

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

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Recently-Posted OEB Report Supports Elimination of Distribution Charges for On-Reserve First Nations Customers By David Stevens Apr 27, 2017 As we discussed in an earlier post, one element of the Ontario Government’s Fair Hydro Plan proposes the creation of a First Nations On-Reserve Delivery Credit, which will eliminate the delivery charge for all on-reserve First Nations households. An Ontario Energy Board (OEB) Report to the ...

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

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Ontario's Electricity Rates to Go Down in Advance of Implementing the "Fair Hydro Plan" By David Stevens Apr 21, 2017 On April 20, 2017, the Ontario Energy Board (OEB) announced that the electricity supply cost (Regulated Price Plan or RPP) for residential and small business customers will be reduced starting on May 1. As explained in the OEB's Regulated Price Plan Price Report, the reduction in RPP results from...

Posted in: Energy Policy | Ontario

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Report Says That Ontario's Electricity Costs Do Not Impair Automobile Sector Competitiveness By David Stevens Apr 19, 2017 A March 2017 report "Electricity Pricing in Ontario and its Effect on Competitiveness: An Automotive Manufacturing Case Study" concludes that Ontario's electricity costs have no meaningful effect on automobile sector competitiveness. The report was prepared by Greig Mordue and Kelly White and pub...

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

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Challenge to California's Cap and Trade Program Dismissed By Appeal Court By David Stevens Apr 18, 2017 On April 6, 2017, the California Court of Appeal for the Third Appellate District issued a decision dismissing an appeal of a lower court decision that had upheld the constitutionality of California's Cap and Trade Program. The Court of Appeal's decision means that the Cap and Trade Program will ...

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: Ontario | Consumer Protection

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Ontario Passes Legislation That May Ban Door-to-Door HVAC Transactions By David Stevens Apr 12, 2017 On April 10, 2017, the Ontario government passed Bill 59, titled Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017. The version of the legislation that was passed is substantially similar to the initial version, which we wrote about in an earlier post, and in a related...
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