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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: 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...
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: 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: 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...

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: Ontario | Energy Policy | Climate Change / Renewables

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Ontario's Carbon Credit Auction Sells Out Again By David Stevens Sep 14, 2017 On September 13, 2017, the results from Ontario’s third Cap and Trade Program Auction of Greenhouse Gas Allowances were released. All available current and future allowances were sold at the September 6, 2017 auction. The recent auction was the third time that participants in Ontario&rsquo...

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: Practice & Procedure | Ontario

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OEB Requires Production of Documents from Expected Witnesses in Enforcement Proceeding By Fred D. Cass Aug 29, 2017 The Ontario Energy Board (OEB) issued a decision on August 28, 2017 with respect to a motion for production of documents and other information in an enforcement proceeding.

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...
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