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Posted in: Energy Policy | Practice & Procedure | British Columbia | Climate Change / Renewables

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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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Supreme Court of Canada Confirms B.C. Cannot Stop Trans Mountain Expansion By David Stevens Jan 17, 2020 On January 16, the Supreme Court of Canada dismissed an appeal from the Government of British Columbia that sought to confirm that BC has jurisdiction to regulate the shipment of “heavy oil” through the province. In a unanimous judgment issued from the bench the same day as the appe...

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British Columbia Utilities Commission Issues Draft Report Addressing the Regulation of Indigenous Utilities By David Stevens Nov 06, 2019 On November 1, 2019, the British Columbia Utilities Commission issued a Draft Report in its Inquiry Respecting the Regulation of Indigenous Utilities. The Draft Report sets out the commission’s recommendations about the extent to which “Indigenous Ut...

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Federal Court Suspends Operation of Alberta’s “Turn Off The Taps” Legislation By David Stevens Oct 04, 2019 A recent Federal Court decision has granted the British Columbia Attorney General an interlocutory injunction suspending the operation of Alberta’s Preserving Canada’s Economic Prosperity Act. The decision prevents Alberta from making orders under section 2(2) of Bill 12 until th...

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Climate Change Litigation: Actions Against Corporations By Christian Nianiaris Aug 27, 2019 Both public and private actors have brought litigation against corporations involved in the fossil fuel industry seeking redress for costs arising from climate change impacts.

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BCUC Completes EV Charging Inquiry With Recommendations About Regulated Utilities’ Role By David Stevens Aug 15, 2019 In June 2019, the British Columbia Utilities Commission (BCUC) issued the Phase 2 Report from its Inquiry into the Regulation of Electric Vehicle (EV) Charging Service. This Report looked at the role that might be played by regulated utilities in providing EV charg...

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B.C. Pipeline Not Subject to Federal Jurisdiction Says NEB By David Stevens and Emily Chittick Aug 08, 2019 The National Energy Board (NEB) has determined that the Coastal GasLink Pipeline Project (CGLP) does not fall within its jurisdiction. The CGLP is a proposed 670 km natural gas pipeline entirely within the province of British Columbia that would supply the LNG Canada project. The CGLP was authori...

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Breach of Court Order Leads to Jail Time By Cynthia R. C. Sefton Jun 10, 2019 The British Columbia Court of Appeal has dismissed an appeal from an order of the province’s Supreme Court, in which that court sentenced a number of individuals to 14 days imprisonment each. The individuals who appealed pleaded guilty to violating an injunction order which restrained protestors ...

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B.C. Does Not Have Jurisdiction to Regulate the Shipment of Bitumen Through the Province By David Stevens and Stan Fedun May 27, 2019 In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of “heavy oil” through the province.

Posted in: British Columbia | Ratemaking | Energy Policy

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British Columbia Utilities Commission Proceeds With Inquiry Into Regulation of Indigenous Utilities By David Stevens May 02, 2019 In response to direction from the British Columbia government (set out in an Order in Council), the British Columbia Utilities Commission has established an Inquiry Respecting the Regulation of Indigenous Utilities.

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Top Energy Insider Posts of 2018 Jan 21, 2019 2018 saw many interesting developments in the energy sector, both in Ontario and across Canada. The topic that got the most reads on Energy Insider in 2018 was the changes implemented by Ontario’s new provincial government. Other widely-read topics included developments at the Ontario Energy Boar...

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BCUC Report Finds No Need For Regulation of Public EV Charging Stations By David Stevens Dec 12, 2018 On November 26, 2018, the British Columbia Utilities Commission issued its Phase I Report from its Inquiry into the Regulation of Electric Vehicle Charging Service. In this Report, the BCUC found that the public EV charging market does not exhibit monopoly characteristics and economic ...

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Ontario Government Files Arguments in Federal Carbon Pricing Challenge Dec 07, 2018 The Ontario government recently filed a factum setting out its argument against the federal government’s carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario.

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NEB Agrees to Consider Whether Pipeline Serving LNG Canada Project Requires NEB Approval By David Stevens Nov 12, 2018 In late October 2018, the National Energy Board issued a letter indicating that the NEB will consider a jurisdictional challenge over whether the NEB must approve the Coastal GasLink Pipeline that would serve the recently-confirmed LNG Canada project.

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B.C. Government to Undertake a Two-Phase Review of BC Hydro’s Costs, Competitiveness and Future By David Stevens and Peter A. Dalglish Jun 14, 2018 The government of British Columbia announced on June 11, 2018, that advisory groups consisting of government, BC Hydro and “experts” would begin a two-phase review of BC Hydro in an effort to cut costs and reduce rates for consumers, in addition to making the co...

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Petronas Invests in British Columbia LNG Project By Peter A. Dalglish Jun 08, 2018 Less than a year after cancelling the $36-billion Pacific Northwest LNG megaproject in British Columbia, Petronas announced on May 31, 2018, that one of its wholly-owned entities will assume a 25 per cent stake of the LNG Canada project located in Kitimat, B.C.

Posted in: Canada (Federal) | British Columbia

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Supreme Court of British Columbia Dismisses Challenges to Trans Mountain Pipeline Environmental Assessment By Stan Fedun Jun 05, 2018 On May 24, 2018, the Supreme Court of British Columbia dismissed challenges to the Trans Mountain Pipeline Expansion Project by the City of Vancouver and the Squamish Nation. Both parties petitioned the Court to set aside the Environmental Assessment...

Posted in: Canada (Federal) | British Columbia | Alberta

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Government of Canada Purchases Trans Mountain Pipeline Expansion Project for $4.5 Billion By Stan Fedun May 31, 2018 On May 29, 2018, the Government of Canada announced a $4.5 billion deal with Kinder Morgan to purchase the Trans Mountain pipeline and related terminal assets “in order to secure the timely completion” of the project.

Posted in: Canada (Federal) | British Columbia | Alberta

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TransCanada Receives Approval for North Montney Mainline Project Modifications By Stan Fedun May 30, 2018 On May 23, 2018, TransCanada Corporation, through its affiliate Nova Gas Transmission Limited (NGTL), received approval from the National Energy Board (NEB) to modify its North Montney Mainline (NMML) project certificate and other related modifications.

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Alberta Passes Bill 12 Allowing Province to Restrict Exports of Oil and Gas to B.C. May 18, 2018 The Alberta government passed Bill 12 – Preserving Canada’s Economic Prosperity Act on May 16, 2018, giving the province the ability to limit the export of oil and gas from the province. Bill 12 is aimed squarely at the Government of British Columbia’s opposition to the Tra...

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Federal Government to Intervene in B.C.’s TransMountain Reference Case By David Stevens May 04, 2018 On May 3, 2018, the federal Minister of Justice Jody Wilson-Raybould announced that the federal government will intervene in the British Columbia government’s reference question to the B.C. Court of Appeal. The Justice Minister indicated that “[w]e are confident in Parliament’s jurisdic...

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B.C. Government Asks Court of Appeal to Affirm Right to Limit Bitumen Shipments Through the Province Apr 27, 2018 The Government of British Columbia submitted a reference question to the B.C. Court of Appeal regarding the recently-announced regulations that will stop pipeline companies from increasing bitumen shipments through the province. The government is looking fo...

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Uncertainty Leads to Suspension of Trans Mountain Pipeline Expansion By David Stevens Apr 10, 2018 On April 8, 2018, Kinder Morgan Canada Limited announced that it is “suspending all non-essential activities and related spending on the Trans Mountain Expansion Project.” Kinder Morgan noted that while it has the support of the federal, Alberta and Saskatchewan governments for the projec...

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British Columbia Utilities Commission Launches Inquiry to Review Regulation of Electric Vehicle Charging Mar 13, 2018 The British Columbia Utilities Commission (BCUC) recently established an inquiry to review the regulation of electric vehicle (EV) charging services in the province. The inquiry evolved out of an application by FortisBC Inc. for approval of a $9....

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