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

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Supreme Court Dismisses Appeal Against Approval of Trans Mountain Pipeline Expansion Project By David Stevens and Benjamin Mayer-Goodman Jul 03, 2020 On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a ... On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a group of First Nations in British Columbia who sought to challenge the federal Cabinet’s second approval of the Trans Mountain Pipeline Expansion Project.

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

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Ontario Government Freezes Global Adjustment Charges for ICI Program Participants By David Stevens and Angela Oh Jun 30, 2020 The Ontario government has announced that, effective immediately, Global Adjustment charges will ... The Ontario government has announced that, effective immediately, Global Adjustment charges will be frozen for two years for companies participating in the Industrial Conservation Initiative.
BCUC Approves FortisBC Energy’s Clean Growth Innovation Fund By David Stevens and Benjamin Mayer-Goodman Jun 29, 2020 On June 22, FortisBC Energy Inc.’s application for a $24.5 million ratepayer funded Clean Growth ... On June 22, FortisBC Energy Inc.’s application for a $24.5 million ratepayer funded Clean Growth Innovation Fund was approved by the British Columbia Utilities Commission as part of FortisBC’s rate application.
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OEB Consulting on Time-of-Use Opt-Out Mechanism By David Stevens and Angela Oh Jun 26, 2020 The Ministry of Energy, Northern Development and Mines recently announced that consumers on the R... The Ministry of Energy, Northern Development and Mines recently announced that consumers on the Regulated Price Plan (RPP) who pay time-of-use (TOU) prices will be able to opt out of TOU pricing to tiered prices starting on or after November 1, 2020. In response to this initiative, the Ontario En...
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OEB Decision Supports Increase in Natural Gas Storage Capacity By Fred D. Cass Jun 26, 2020 In a decision issued on June 25, 2020, the Ontario Energy Board approved a proposal by Enbridge G... In a decision issued on June 25, 2020, the Ontario Energy Board approved a proposal by Enbridge Gas Inc. to increase the maximum operating pressures of three natural gas storage pools located near Sarnia, Ontario. The purpose of the increase in maximum operating pressures is to increase the gas...
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OEB Issues Decision Regarding COVID-19 Energy Assistance Program By Fred D. Cass Jun 18, 2020 The Ontario Energy Board has issued a decision regarding the Ontario government’s COVID-19 Energy... The Ontario Energy Board has issued a decision regarding the Ontario government’s COVID-19 Energy Assistance Program.

Posted in: Practice & Procedure | Ontario

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OEB Seeking Input on Virtual Hearings By Fred D. Cass Jun 17, 2020 The OEB has issued a letter to stakeholders seeking input on virtual hearings. The letter notes t... The OEB has issued a letter to stakeholders seeking input on virtual hearings. The letter notes that the OEB’s offices have not yet reopened and that some applications may be ready to proceed to oral hearing while the offices remain closed or while participants are unable to attend the OEB in per...

Posted in: Practice & Procedure | Ontario

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OEB Receives Comments on Issues Relating to Account for Utilities to Record COVID-19 Impacts By Fred D. Cass Jun 16, 2020 The OEB has received comments on the Draft Issues List for its consultation on a deferral account... The OEB has received comments on the Draft Issues List for its consultation on a deferral account for utilities in the electricity and natural gas sectors to record impacts arising from the COVID-19 emergency.

Posted in: Practice & Procedure | Ontario | Energy Policy

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OEB Reaffirms That Proposal By New Gas Distributor Must Include Assessment of CNG Option By Fred D. Cass Jun 08, 2020 In a decision issued on June 4, the OEB concluded that the grounds for a review motion brought by... In a decision issued on June 4, the OEB concluded that the grounds for a review motion brought by Red Rock Indian Band and Bingwi Neyaashi Anishinaabek First Nation did not pass the threshold test and it dismissed the motion.

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

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Ontario Divisional Court Reverses Minister’s Revocation of Approval of Wind Farm Project By David Stevens May 14, 2020 In a decision issued on May 14, Ontario’s Divisional Court granted the project proponent’s judici... In a decision issued on May 14, Ontario’s Divisional Court granted the project proponent’s judicial review application to reinstate the Environmental Review Tribunal’s approval of the Nation Rise Wind Farm in North Stormont, Ontario.

Posted in: Practice & Procedure | Ontario | Energy Policy

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OEB Approves Project Granted Funding Under the Access to Natural Gas Act By Fred D. Cass May 12, 2020 The OEB has approved a project that, with funding granted under the Access to Natural Gas Act, wi... The OEB has approved a project that, with funding granted under the Access to Natural Gas Act, will extend natural gas distribution into a previously unserved area in the northeast of North Bay, Ontario.

Posted in: Ontario | Practice & Procedure | Energy Policy

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Ontario Superior Court Will Hear Challenge to Validity of Global Adjustment Charges By David Stevens May 07, 2020 As discussed in a previous post, in November 2019, the Ontario Court of Appeal decided that a cha... As discussed in a previous post, in November 2019, the Ontario Court of Appeal decided that a challenge to the validity of the Global Adjustment charges should proceed to be heard by the Superior Court of Justice on the basis of a full evidentiary record.

Posted in: Practice & Procedure

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To Declare or Not to Declare? Should Ontario’s Local Electricity Distribution Companies Pay Dividends in the Age of the Pandemic? By Ron W. Clark, Sarah Newman and Stephanie D’Amico May 06, 2020 The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. ... The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. As adverse financial conditions continue, businesses, and some regulators, are turning their attention to the question of whether c...

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

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OEB Approves Hydro One Acquisition of Orillia and Peterborough Electricity Distributors By Fred D. Cass May 04, 2020 The OEB has now approved the acquisition of Orillia Power by Hydro One, subject to a number of co... The OEB has now approved the acquisition of Orillia Power by Hydro One, subject to a number of conditions, in a decision issued on April 30, 2020. In another decision issued on the same day, the OEB approved Hydro One’s proposed acquisition of Peterborough Distribution ...

Posted in: Practice & Procedure | Facilities | Ontario

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OEB Adds Licence Conditions to Ensure Generator Does Not Abuse Market Power By David Stevens Apr 30, 2020 On April 9, the Ontario Energy Board issued a Decision and Order responding to the requested amen... On April 9, the Ontario Energy Board issued a Decision and Order responding to the requested amendment of the electricity generation licence for Portlands Energy Centre L.P. to reflect that it becomes the owner and operator of two other gas-fired generation facilities.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Decision on Hydro One Transmission Revenue Requirement By Fred D. Cass Apr 24, 2020 This blog post will discuss the OEB’s approval of the inclusion of a capital factor in Hydro One’... This blog post will discuss the OEB’s approval of the inclusion of a capital factor in Hydro One’s Custom IR formula.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Approves Rate for New Gas Transportation Service for Natural Gas Distributors By Fred D. Cass Apr 22, 2020 On April 9, the Ontario Energy Board issued its decision in respect of an application by Enbridge... On April 9, the Ontario Energy Board issued its decision in respect of an application by Enbridge Gas Inc. for leave to construct the proposed Owen Sound reinforcement pipeline project.

Posted in: Practice & Procedure | Ontario

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OEB Revokes Designation of Gas Storage Areas Proposed for Compressed Air Storage By Fred D. Cass Apr 20, 2020 On April 9, 2020, the Ontario Energy Board revoked the designation of designated natural gas stor... On April 9, 2020, the Ontario Energy Board revoked the designation of designated natural gas storage areas known as the Bayfield Pool and the Stanley 4-7-XI Pool in the County of Huron, Ontario.

Posted in: Facilities | Ontario | Practice & Procedure

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OEB Approves “Hybrid” Option for Replacement of Natural Gas Pipeline By Fred D. Cass Apr 03, 2020 On April 1, the OEB approved a “hybrid” option for Enbridge Gas Inc.'s application to construct a natural gas pipeline and ancillary facilities replacing approximately 64 kilometres of its Windsor pipeline.

Posted in: Ontario | Practice & Procedure

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OEB Issues Decision on Proposal by Municipalities to Form New Natural Gas Distributor By Fred D. Cass Mar 02, 2020 On February 27, the Ontario Energy Board issued a decision in respect of a proposal for a new natural gas distribution company to distribute gas in municipalities located on the north shore of Lake Superior between Nipigon and Sault Ste. Marie.

Posted in: Environmental Issues | Climate Change / Renewables | Energy Policy

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Climate Change Litigation - Dutch Supreme Court Delivers Historic Climate Change Decision in the Urgenda Case By David Stevens and David Mba Feb 27, 2020 The Supreme Court of Netherlands recently delivered a landmark decision in the Urgenda climate change case against the Dutch government, confirming lower court decisions holding that the government has obligations to urgently and significantly redu...
Alberta Court of Appeal Rules That Federal Carbon Levy is Unconstitutional By David Stevens Feb 26, 2020 On February 24, 2020, the Alberta Court of Appeal (Alberta CA) issued its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2020, finding (by a 4:1 majority) that “the regulation of GHG emissions or any variation on this theme does not qualify for inclusion as a f...

Posted in: Practice & Procedure | Ontario

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In Post-Vavilov Decision, Ontario Divisional Court Confirms Importance of Deference to OEB’s Expertise By David Stevens Feb 12, 2020 On January 31, the Ontario Divisional Court released a decision in Planet Energy (Ontario) Corp. v. Ontario Energy Board.
Federal Court of Appeal Dismisses Challenges to Cabinet Approval of Trans Mountain Expansion Project By David Stevens Feb 10, 2020 On February 4, the Federal Court of Appeal (FCA) released its decision in Coldwater First Nation v. Canada (Attorney General), dismissing judicial review applications challenging the federal Cabinet’s approval of the Trans Mountain Pipeline Expansion Project.
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