skip to main content
Back to all blog posts

Posted in: Ontario | Practice & Procedure | Ratemaking

Mar 31, 2016

Appeal Launched from OEB Decision Approving Pole Attachment Charge

By Fred D. Cass

A decision of the Ontario Energy Board approving a pole attachment charge for Hydro Ottawa Limited is the subject of an appeal to the Divisional Court of Ontario that was filed on March 24, 2016.

In an earlier post, we wrote about a generic process initiated by the Ontario Energy Board to determine the approach to be used to set wireline pole attachment fees charged by Ontario electricity distributors. Subsequently, we wrote about a decision of the OEB with respect to the pole attachment charge of a particular electricity distributor, Hydro Ottawa Limited.

Hydro Ottawa had filed an application with the OEB in which, among other things, it proposed to increase its charge for pole attachments effective January 1, 2016. During the course of the Hydro Ottawa proceeding, the OEB informed parties that it would be undertaking a generic review of pole attachment charges as part of its Policy Review of miscellaneous rates and charges of electricity distributors.

In a decision released on February 25, 2016, the OEB approved the increased pole attachment charge for Hydro Ottawa on a final basis, effective January 1, 2016, and said that the charge will remain in effect for Hydro Ottawa, subject to any direction from the OEB regarding the implementation of any changes resulting from the Policy Review.

Rogers Communication Partnership, TELUS Communications Company, Quebecor Media Inc. and Allstream Inc. (collectively referred to as the Carriers) have launched an appeal to the Divisional Court from the pole attachment charge decision. They ask that the application of any pole attachment rate adjustment by Hydro Ottawa be suspended until the conclusion of the Policy Review or that the pole attachment issue be sent back to the OEB for a rehearing in accordance with directions from the Court.

It will be interesting to follow how the establishment of pole attachment charges for electricity distributors in Ontario continues to unfold given the Policy Review initiated by the OEB and the appeal by the Carriers to the Divisional Court.

Related Blogs

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

Insights EnergyInsider
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

Insights EnergyInsider
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

Insights EnergyInsider
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...