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OEB Proposes Changes to the Distribution System Code to Facilitate Connection of Distributed Energy Resources By Ron W. Clark and Annie (Zi An) Xie Aug 17, 2021 On August 5, 2021, the Ontario Energy Board (“OEB”) issued a notice proposing amendments to the D... On August 5, 2021, the Ontario Energy Board (“OEB”) issued a notice proposing amendments to the Distribution System Code (“DSC”) and establishment of the Distributed Energy Resources Connection Procedures (“DERCP”). The OEB indicates that the propo...

Posted in: Practice & Procedure | Ratemaking | Ontario | Energy Policy

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OEB Provides Guidance on ICI Eligibility for 2021-2022 By David Stevens May 04, 2021 A recent Ontario Energy Board Staff Bulletin indicates that even though existing Industrial Conse... A recent Ontario Energy Board Staff Bulletin indicates that even though existing Industrial Conservation Initiative participants in 2021-2022 will see their Global Adjustment charges determined based on 2019-2020 peak hour consumption, their eligibility to participate in the ICI will be based on ...
Supreme Court of Canada Rules Federal Carbon Pricing is Constitutional By Emily Chittick Mar 25, 2021 On March 25, the Supreme Court of Canada handed down its decision on the constitutionality of the... On March 25, the Supreme Court of Canada handed down its decision on the constitutionality of the federal government’s carbon pricing regime. In a 6-3 decision, the court ruled that the federal government has the right to impose minimum carbon-pricing standards on the provinces.

Posted in: Energy Policy | Ontario | Energy Storage

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OEB Launches Updated Framework for Energy Innovation Consultation By David Stevens Mar 25, 2021 On March 23, 2021, the Ontario Energy Board issued a letter initiating a Framework for Energy Inn... On March 23, 2021, the Ontario Energy Board issued a letter initiating a Framework for Energy Innovation Consultation. This consultation is a continuation and consolidation of the previous Responding to Distributed Energy Resources and Utility Remuneration consultations that had been initiat...

Posted in: Climate Change / Renewables | Practice & Procedure | Facilities | Ontario

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OEB to Continue Its Responding to Distributed Energy Resources (DERs) Consultation Feb 01, 2021 On December 16, 2020 and January 18, 2021, the Ontario Energy Board issued letters about the publ... On December 16, 2020 and January 18, 2021, the Ontario Energy Board issued letters about the publication of expert reports from London Economics Inc LLC and ICF on the future of Distributed Energy Resources (DER) projects in Ontario.

Posted in: Utility Mergers | Ontario

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The Collingwood Judicial Inquiry: Lessons for Ontario’s Electric Utilities By Ron W. Clark Jan 26, 2021 The Collingwood judicial inquiry published its report, entitled “Transparency and the Public Trus... The Collingwood judicial inquiry published its report, entitled “Transparency and the Public Trust: Report of the Collingwood Judicial Inquiry,” on November 2, 2020. The Report details the history of the Collus share sale, which closed on July 31, 2012, but which raised allegations ...
A Look Back at Our Top Energy Stories From 2020 By David Stevens Jan 21, 2021 In the energy sector, the Ontario government announced a number of initiatives in 2020 to help th... In the energy sector, the Ontario government announced a number of initiatives in 2020 to help those who were struggling to pay their energy bills as a result of COVID-19. However, a few other issues made headlines as well and in this article, we look back at a few of the top stories we covered o...

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

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The Hydrogen Strategy for Canada By David Stevens and Christian Nianiaris Jan 04, 2021 On December 16, 2020, Canada’s Minister of Natural Resources announced the Hydrogen Strategy for ... On December 16, 2020, Canada’s Minister of Natural Resources announced the Hydrogen Strategy for Canada. As stated in the announcement, Canada will be leveraging its position as one of the world’s top hydrogen producers to stimulate the Canadian economy and reduce its annual greenhouse gas emissi...

Posted in: Practice & Procedure | Ratemaking | Facilities | Ontario

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Ontario Energy Board Looking to Simplify Rate Applications for Smaller Distributors By David Stevens Dec 18, 2020 On December 17, the Ontario Energy Board issued a letter inviting “smaller electricity distributo... On December 17, the Ontario Energy Board issued a letter inviting “smaller electricity distributors” to participate in a meeting to identify opportunities to improve regulatory efficiency for their rate applications.

Posted in: Practice & Procedure | Facilities | Ontario

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OEB Approves Pipeline Route Realignment on Motion to Review and Vary By Fred D. Cass Dec 18, 2020 On March 12, 2020, the Ontario Energy Board approved construction by Imperial Oil Limited of a pi... On March 12, 2020, the Ontario Energy Board approved construction by Imperial Oil Limited of a pipeline for the transportation of refined petroleum products from a facility in Hamilton to a facility in Toronto. Subsequent to the OEB’s decision granting leave to construct, Imperial Oil re...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Approves Recovery of Foregone Revenue by Electricity Transmitters By Fred D. Cass Dec 18, 2020 The OEB issued its decision approving 2021 Uniform Transmission Rates on December 17, 2020. In th... The OEB issued its decision approving 2021 Uniform Transmission Rates on December 17, 2020. In the 2021 UTR decision, the OEB addressed recovery of foregone revenue recorded by transmitters in accordance with the July 2020 decision.

Posted in: Procurement | Ontario

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Ron Clark Comments on the Ontario Generation Contract Review Report By Ron W. Clark Dec 17, 2020 In a recent article published in Energy Regulation Quarterly, Ron Clark provides commentary on a ... In a recent article published in Energy Regulation Quarterly, Ron Clark provides commentary on a report which reviewed existing generation contracts and identified changes that might result in cost savings.

Posted in: Facilities | Practice & Procedure | Ontario

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OEB Releases Report on Potential Projects to Expand Access to Natural Gas Distribution By Fred D. Cass Dec 14, 2020 The Ontario Energy Board has released its Report to the Minister of Energy, Northern Development ... The Ontario Energy Board has released its Report to the Minister of Energy, Northern Development and Mines and to the Associate Minister of Energy on Potential Projects to Expand Access to Natural Gas Distribution.

Posted in: Ontario | Ratemaking | Practice & Procedure

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OEB Issues Order in Respect of Province-Wide Pole Attachment Charge By Fred D. Cass Dec 11, 2020 On December 10, the OEB issued an order embodying the pole attachment charge that was the subject... On December 10, the OEB issued an order embodying the pole attachment charge that was the subject of the Ontario Divisional Court’s decision.

Posted in: Ontario | Energy Policy | Distributed Energy Resources

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Participants Selected for Ontario Non-Wires Alternative Demonstration Project By David Stevens Dec 03, 2020 The York Region Non-Wires Alternative Demonstration Project is aimed at developing a better under... The York Region Non-Wires Alternative Demonstration Project is aimed at developing a better understanding of how to competitively secure and operate distributed energy resources to meet local, regional and provincial electricity needs.

Posted in: Ontario | Practice & Procedure

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OEB Provides Guidance Regarding Distributed Energy Resources Projects By Fred D. Cass Dec 02, 2020 On November 26, 2020, Ontario Energy Board staff issued two letters providing guidance to support... On November 26, 2020, Ontario Energy Board staff issued two letters providing guidance to support the efficient and timely connection of Distributed Energy Resources projects.

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

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Ontario’s Low-Carbon Hydrogen Strategy By David Stevens and Christian Nianiaris Nov 24, 2020 Ontario’s first Low-Carbon Hydrogen Strategy is in the works. On November 19, 2020, Jeff Yurek, t... Ontario’s first Low-Carbon Hydrogen Strategy is in the works. On November 19, 2020, Jeff Yurek, the Minister of the Environment, Conservation and Parks, announced a plan to foster an Ontario hydrogen economy. As part of this announcement, the government released the Ontario Low-Carbon Hydrogen St...

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Aird & Berlis Lawyers Named in Lexpert Special Edition: Energy 2020 By Fred D. Cass, Ron W. Clark and David Stevens Nov 16, 2020 Aird & Berlis partners Fred Cass, Ron Clark and David Stevens are among the leading lawyers named... Aird & Berlis partners Fred Cass, Ron Clark and David Stevens are among the leading lawyers named in the Lexpert Special Edition: Energy 2020.

Posted in: Facilities | Ratemaking | Practice & Procedure | Ontario

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Pole Attachment Charge Approved by OEB Upheld on Appeal By Fred D. Cass Nov 16, 2020 The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charg... The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charge approved by the Ontario Energy Board for wireline attachments to electricity distribution poles.

Posted in: Ontario | Ratemaking | Practice & Procedure

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Update on OEB Proceedings Addressing the Elimination of Hydro One’s Seasonal Rates By Fred D. Cass Nov 10, 2020 The OEB directed Hydro One to file an updated Report on Elimination of the Seasonal Class and tha... The OEB directed Hydro One to file an updated Report on Elimination of the Seasonal Class and that updated Report has been filed with the OEB by Hydro One.

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

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Ontario Energy Board Approves Hydrogen Blending Pilot Project By David Stevens Nov 05, 2020 On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge ... On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge Gas Inc. to pursue a pilot project involving the blending of hydrogen with conventional natural gas distributed to customers as a means to reduce greenhouse gas emissions.

Posted in: Practice & Procedure | Energy Policy | Ontario | Corporate Governance

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Ontario Energy Board Moving Forward With Its Modernization Plans By David Stevens Nov 04, 2020 In an October 30, 2020 letter, the new CEO of the Ontario Energy Board (Suzanna Zagar) indicated ... In an October 30, 2020 letter, the new CEO of the Ontario Energy Board (Suzanna Zagar) indicated that the OEB is “moving forward on the OEB Modernization Review Panel recommendations and its position that the OEB must be more than a prudent regulator.”

Posted in: Ontario | Energy Policy | Conservation

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Ontario Government Proposes to Mandate “Green Button” Tool to Allow Energy Consumers to Access and Share Their Consumption Data By David Stevens and Sara Abhari Oct 21, 2020 On October 8, the Ontario Ministry of Energy, Northern Development and Mines issued a regulatory ... On October 8, the Ontario Ministry of Energy, Northern Development and Mines issued a regulatory proposal indicating that electricity and gas utilities across the province will be required to implement “Green Button”.
Ontario Proposes to Change Net Metering Regulation to Support “Community-Based Energy Systems” By David Stevens and Emily Chittick Oct 20, 2020 On October 8, 2020, the Ministry of Energy, Development and Mines posted a regulatory proposal de... On October 8, 2020, the Ministry of Energy, Development and Mines posted a regulatory proposal detailing planned amendments to Ontario’s Net Metering Regulation to allow for “demonstration of community net-metering projects.”
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