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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.

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.

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.

Posted in: Ontario | Practice & Procedure

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OEB Approves 50/50 Sharing of Gain on Sale of Property by Electricity Distributor By Fred D. Cass Jan 29, 2020 We have written separately about the decision of the Ontario Energy Board issued on January 23 in respect of applications made by two electricity distributors, Brantford Power Inc. and Energy+ Inc. In the same decision, the OEB determined the appropriate disposition of a gain...

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OEB Dismisses Application Seeking Revocation of Market Rule Amendments By Fred D. Cass Jan 28, 2020 In September 2019, the Association of Major Power Consumers in Ontario filed an application to the Ontario Energy Board in which it asked the OEB to revoke, and send back for further consideration, a set of amendments to Ontario’s wholesale electricity market rules made by the Independe...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Approves Capital Funding Requests by Two Electricity Distributors for a Shared Building By Fred D. Cass Jan 27, 2020 On January 23, the Ontario Energy Board issued its decision in respect of Incremental Capital Module applications made by two electricity distributors, Brantford Power Inc. and Energy+ Inc.

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OEB Decision Confirms Policy and Treatment of Behind-the-Meter Storage Is a Topic for the Responding to DERs Consultation By David Stevens Jan 10, 2020 A recent decision by the Ontario Energy Board in Toronto Hydro’s “Custom IR” rate application confirms that utilities wishing to include behind-the-meter storage in their regulated operations should seek policy changes in the OEB’s ongo...

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Canada (Minister Of Citizenship And Immigration) v. Vavilov: Supreme Court of Canada Revisits the Standard of Review By Matthew Helfand Jan 07, 2020 In Canada (Minister Of Citizenship And Immigration) v. Vavilov, the Supreme Court of Canada charts a new course forward for determining the standard of review that applies when a court reviews the merits of an administrative decision.

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Ontario Minister of the Environment Revokes Approval of Under-Construction Wind Farm Project By David Stevens Dec 12, 2019 On December 4, Ontario’s Minister of the Environment, Conservation and Parks granted an appeal overturning the approval of the Nation Rise Wind Farm in North Stormont, Ontario.

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Ontario Court of Appeal Restores Challenge to Validity of Global Adjustment Charges By David Stevens Dec 04, 2019 On November 27, the Ontario Court of Appeal released its decision in National Steel Car Limited v. Independent Electricity System Operator, finding that a challenge to the validity of the Global Adjustment charges should proceed to be heard by the Superior Court of Justice ...

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Ontario Government Directs the IESO to Review Generation Contracts and Large Customer Billing Practices By David Stevens Nov 08, 2019 As indicated in the Ontario government’s 2019 Fall Economic Update, the Ontario Minister of Energy recently issued two Directives to the Independent Electricity System Operator.

Posted in: Ontario | Consumer Protection

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Smart Metering Entity Not Permitted to Sell Customer Data to Third Parties at Market Prices Nov 01, 2019 The Ontario Energy Board recently rejected an application by the Independent Electricity System Operator, in its capacity as the provincial Smart Metering Entity, to sell non-personal data about electricity usage to third parties at market prices.

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