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Posted in: Ontario | Ratemaking | Consumer Protection

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Changes Coming for Ontario Electricity Consumers By David Stevens Sep 09, 2020 The Ontario Energy Board has now issued final amendments to the Standard Supply Service Code to s... The Ontario Energy Board has now issued final amendments to the Standard Supply Service Code to support the customer election process necessary to switch from time-of-use pricing to tiered pricing.

Posted in: Ontario Court of Appeal | Ontario

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Estoppel by Convention: The Ontario Court of Appeal’s Latest Take on a Relatively Rare Form of Estoppel and the Implications for Contracting Parties By Simon Dugas , Dillon Collett and Mark van Zandvoort Aug 31, 2020 The Ontario Court of Appeal’s August 7 decision in Grasshopper Solar Corporation v. Independent E... The Ontario Court of Appeal’s August 7 decision in Grasshopper Solar Corporation v. Independent Electricity System Operator serves as a cautionary reminder that the certainty of contractual terms will not be l...

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OEB Proposes Updated Rules for Consumers Switching Away From TOU Pricing By David Stevens and Angela Oh Aug 31, 2020 As discussed previously, the Government of Ontario has announced that Regulated Price Plan consum... As discussed previously, the Government of Ontario has announced that Regulated Price Plan consumers will be able to opt out of time-of-use pricing in favour of tiered prices starting November 1, 2020.

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2020: Energy Storage Developments in the Last Twelve Months By David Stevens, Angela Oh and Benjamin Mayer-Goodman Aug 28, 2020 Each year, we highlight the growing prominence of the energy storage market. This article is our ... Each year, we highlight the growing prominence of the energy storage market. This article is our annual update on the topic of energy storage in Canada, the United States and beyond since our post last summer.

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Court of Appeal Upholds Termination Clause in RESOP Contract – Contract Terminated Automatically on Bankruptcy Does Not Violate Stay Provisions Under the Bankruptcy and Insolvency Act By Maria Gonzalez Aug 19, 2020 On July 2, the Court of Appeal for Ontario released its decision in Hutchingame Growth Capital Co... On July 2, the Court of Appeal for Ontario released its decision in Hutchingame Growth Capital Corporation v. Independent Electricity System Operator.

Posted in: Ontario | Ratemaking | Energy Storage | Facilities

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OEB Staff Bulletin Opens Door for LDCs to Own Behind-the-Meter Storage Assets in Regulated Operations By David Stevens and Benjamin Mayer-Goodman Aug 12, 2020 On August 6, 2020, Ontario Energy Board Staff released a Staff Bulletin suggesting that local dis... On August 6, 2020, Ontario Energy Board Staff released a Staff Bulletin suggesting that local distribution companies may own and operate behind-the-meter energy storage, and treat the assets as part of regulated operations, if the purpose is to remediate p...

Posted in: Ontario | Practice & Procedure

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Update on OEB Measures to Address the Impacts of the COVID-19 Pandemic By Fred D. Cass Aug 10, 2020 On August 7, the OEB issued a decision and order amending the licences of all electricity distrib... On August 7, the OEB issued a decision and order amending the licences of all electricity distributors and unit sub-meter providers to support the implementation of the Ontario government’s new COVID-19 Energy Assistance Program for small business.

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Ontario Consults on Removing Timing Requirements for Next Long-Term Energy Plan By David Stevens and Benjamin Mayer-Goodman Jul 31, 2020 On July 27, 2020, the Ontario government issued a proposal to remove the timing requirements for ... On July 27, 2020, the Ontario government issued a proposal to remove the timing requirements for releasing Ontario’s next Long-Term Energy Plan (LTEP) by revoking Ontario Regulation 355/17 (the Long-Term Energy Plans Regulation).

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OEB Proposes to Amend the Standard Supply Service Code to Allow Consumers to Opt-Out of TOU Pricing By David Stevens and Angela Oh Jul 21, 2020 As discussed in a previous post, the Government of Ontario recently announced that Regulated Pric... As discussed in a previous post, the Government of Ontario recently announced that Regulated Price Plan consumers will be able to opt out of time-of-use pricing in favour of tiered prices starting November 1, 2020.

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OEB Approves Hydro One’s Rate Orders for Peterborough and Orillia Transactions By Fred D. Cass Jul 10, 2020 The OEB has now approved rate orders and accounting orders to give effect to its decisions in res... The OEB has now approved rate orders and accounting orders to give effect to its decisions in respect of the Peterborough and Orillia transactions. The OEB’s decisions approving the rate orders address a number of matters arising from its conditions and directions in respect of ...

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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.

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.

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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.

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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.

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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.

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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.

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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.

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