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Posted in: Ontario | Climate Change / Renewables

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Environmental Commission of Ontario reports that LTEP Ignores Climate Law By Zoë Thoms Apr 23, 2018 The Ontario government’s 2017 Long-Term Energy Plan (LTEP) is not consistent with its obligations under climate change mitigation law, according to a progress report issued by the Environmental Commission of Ontario (ECO) on April 9, 2018.

Posted in: Practice & Procedure | Ontario | Facilities

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OEB Selects EPCOR to Provide Gas Distribution Service to South Bruce Municipalities By David Stevens Apr 20, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order in a proceeding to select a gas distributor to serve South Bruce municipalities (Municipality of Arran-Elderslie, the Municipality of Kincardine and the Township of Huron-Kinloss). The OEB chose EPCOR Southern Bruce Gas Inc.,...

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OEB Rejects Hydro One’s Proposed Acquisition of Orillia Power Distribution By David Stevens Apr 18, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order denying Hydro One Inc.’s application to purchase the shares of Orillia Power Distribution Corporation. The OEB’s Decision explains that Hydro One and Orillia Power have failed to establish that there will be no harm to Orilli...

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OEB Issues Draft Report on Corporate Governance Guidance for Regulated Utilities By Ron W. Clark and Dillon Collett Apr 12, 2018 On March 28, the Ontario Energy Board issued its Draft Report on Corporate Governance Guidance for Rate-Regulated Utilities. The OEB Draft Report is another milestone in the OEB’s efforts to develop a “Guidance” on corporate governance for regulated utilities; specifically, Ontario Power Generati...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Issues Its First Decision Using “Proportionate Review” By David Stevens Apr 04, 2018 On March 29, 2018, the Ontario Energy Board (OEB) issued a Decision on Scope of Review in an electricity distributor rate application that is being processed under the OEB’s new proportionate review approach. Under that approach, selected local distribution companies (LDCs) can agree to have thei...

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OEB Issues its Final Report on Wireline Pole Attachment Charges By David Stevens Mar 26, 2018 On March 22, 2018, the Ontario Energy Board issued its Final Report on Wireline Pole Attachment Charges setting the amount that telecom carriers will pay to attach to electricity poles. In the Final Report, the OEB has set a province-wide charge of $43.63 per pole/per attacher/per year.

Posted in: Practice & Procedure | Ontario

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OEB Enacts Amendments to Regulatory Codes to Address Cyber Security By David Stevens Mar 21, 2018 On March 15, 2018, the Ontario Energy Board issued Notice of Amendments to the Transmission System Code and Distribution System Code to implement cybersecurity policy objectives that were set out in the OEB Staff’s June 2017 Report on a Cyber Security Framework. The amendments require transmitter...

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All Current Allowances Sold Out in Ontario’s First Joint Cap and Trade Auction By David Stevens Mar 06, 2018 On February 28, 2018, the Summary Results Report from the first joint cap and trade auction involving Ontario, Quebec and California was released. The report shows that all current vintage allowances from each of the three jurisdictions were sold in the February 21, 2018 auction. Additionally, ar...

Posted in: Ontario | Consumer Protection

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Ontario Implements New Restrictions on Door-to-Door Transactions, but Delays Some New Requirements to May 1st By David Stevens Mar 05, 2018 As described in recent posts, Ontario has implemented new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which came into effect on March 1, 2018, make unsolicited “direct agreements” unenforceable for HVAC equipme...

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OEB Varies Prior Decision Related to Sharing Property Sale Proceeds With Ratepayers By David Stevens Mar 01, 2018 On February 22, 2018, the Ontario Energy Board issued a Decision and Order reversing certain determinations made by a prior OEB panel about the sharing of proceeds from a property sale. This Review Motion Decision is the conclusion of a very lengthy motion to review and vary a July 2016 OEB Decis...

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OEB and IESO Issue Their Implementation Plans for the 2017 LTEP By David Stevens Feb 28, 2018 In February 2017, both the Ontario Energy Board and the Independent Electricity System Operator published their “Implementation Plans” setting out the steps they intend to take to implement the goals and objectives set out in Ontario’s 2017 Long-Term Energy Plan. The documents are titled “The Ont...

Posted in: Ontario | Ratemaking | Energy Policy

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Financial Accountability Office Finds Partial Sale of Hydro One Will Cost Ontarians in the Long Term By David Stevens Feb 22, 2018 Ontario completed its final sale of Hydro One shares in December 2017, having generated an estimated $9.2 billion in proceeds by selling 53% of Hydro One. On February 12, 2018, Ontario’s Financial Accountability Office released a report titled “Hydro One: Updated Analysis of the Partial Sale of H...

Posted in: Facilities | Ontario | Energy Policy

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Ontario Issues Canada’s Largest Green Bond By David Stevens Feb 20, 2018 On February 14, the Ontario government announced that it had successfully issued a $1 billion green bond. This is the fourth green bond issued by the Government of Ontario, following three successful earlier green bond issuances: a $500 million four-year issue in 2014, a $750 million seven-year i...

Posted in: Ontario | Consumer Protection

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Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act (CPA) that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items...

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OEB Announces Additional RPP Pricing Pilot Program Approvals By David Stevens Feb 06, 2018 The Ontario Energy Board (OEB) has recently announced another participant in its Regulated Price Plan (RPP) pricing pilot program. CustomerFirst will test two different RPP pricing pilots in the service territories of 6 distributors: Newmarket-Tay Power Distribution Ltd., Greater Sudbury Hydro In...

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Court of Appeal Upholds Decision in Kazenelson Criminal Negligence Case By Cynthia R. C. Sefton Feb 05, 2018 Individuals in Canada who have the authority to direct how another person does work or performs a task have a duty under s. 217.1 of the Criminal Code to take reasonable steps to prevent bodily harm to that person or to any other person from that work or task. All such individuals, who are also l...

Posted in: Consumer Protection | Ontario

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Ontario Ban on Door-to-Door Agreements for HVAC Products Comes Into Effect on March 1, 2018 By David Stevens Jan 24, 2018 New provisions of the Ontario Consumer Protection Act will prohibit a range of door-to-door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” for HVAC equipment and other household appliances unenforceable. Newly-released amen...

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OEB Issues Its Largest Rate Case Decision Ever By David Stevens Jan 18, 2018 On December 28, 2017, the Ontario Energy Board (OEB) issued its Decision with Reasons in the Ontario Power Generation “Payment Amounts” case, covering the 2017 to 2021 period. Among the notable determinations are an approval of the forecast costs of the Darlington Refurbishment Project and reduct...

Posted in: Ontario | Practice & Procedure | Facilities

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Ontario Court of Appeal Finds That Gas Utility’s Franchise Agreement Prevails Over Drainage Act By David Stevens Jan 16, 2018 In a decision released on January 10, 2018, the Ontario Court of Appeal found in favour of Union Gas on the question of whether the cost sharing provisions of a model franchise agreement apply to the relocation of a gas pipeline necessitated by drainage works. The Court found that the provisions ...

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OEB Allows Review Motions in Hydro One/Orillia Power Proceeding By Fred D. Cass Jan 10, 2018 In August 2017, we wrote about a Procedural Order issued by the Ontario Energy Board in which the OEB adjourned the hearing of an application (“MAADs” application) by Hydro One Inc. for approval to acquire Orillia Power Distribution Corporation until a decision on Hydro One’s distribution rate ap...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Draft Report on Wireline Pole Attachment Rates By Fred D. Cass Dec 28, 2017 Earlier this month, the Ontario Energy Board issued a draft report on policies for wireline pole attachment rates charged by electricity distributors for attachments by telecommunication and cable companies to distribution poles. The draft report resulted from the OEB’s policy consultation on wir...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Releases Nordicity Report on Wireline Pole Attachments By Fred D. Cass Dec 27, 2017 On December 18, 2017, the Ontario Energy Board released a report prepared by Nordicity Group Ltd. with respect to wireline pole attachments by telecommunication and cable companies on electricity distribution poles. Nordicity was retained by the OEB to facilitate meetings of the OEB’s Pole ...

Posted in: Ontario | Energy Policy

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OEB Publishes Its Strategic Blueprint By David Stevens Dec 21, 2017 Earlier this month, the Ontario Energy Board (OEB) released its Strategic Blueprint for 2017 to 2022. This document, titled “Keeping Pace with an Evolving Energy Sector,” sets out the OEB’s updated statement of “[its] Vision, Mission and Values and of the Goals and Objectives that will guide [its...

Posted in: Ontario | Practice & Procedure

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Ontario Appoints Panel to Review the OEB By Scott Stoll Dec 18, 2017 On Friday, December 15, 2017, Ontario announced that it appointed Richard Dicerni to head an expert panel to conduct a review of the province's independent energy regulator – the Ontario Energy Board. According to the announcement, the panel will seek feedback from the public starting in sp...

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