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Climate Change Litigation: Actions Against Corporations By Zoë Thoms and 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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OEB to Hear Review Motion Regarding Electricity Distributor’s Proposal for New Office By Fred D. Cass Aug 26, 2019 In August 2019, the Ontario Energy Board issued procedural orders with respect to the hearing of a motion for review of its earlier decision on an application made by Energy+ Inc. for approval of an Advanced Capital Module project.

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OEB Launches Review of Electricity Distributors’ DER Connection Policies By David Stevens Aug 21, 2019 On August 13, 2019, the Ontario Energy Board issued a letter launching a review of the requirements for licensed electricity distributors to connect distributed energy resources (DER Connections Review). The DER Connections Review is a companion initiative to the OEB’s ongoing Responding to DERS ...

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2019: Energy Storage Developments in the Last Twelve Months By David Stevens and Emily Chittick Aug 02, 2019 Over the past few years, we have provided annual updates on the topic of energy storage in North America and elsewhere. In this article, we will explore storage developments in Canada, the United States and beyond since our post last summer.

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OEB Taking a “Refreshed Approach” to Its DER and Utility Remuneration Consultation By David Stevens Jul 24, 2019 On July 17, 2019, the Ontario Energy Board (OEB) issued a letter explaining its “refreshed” approach to stakeholder engagement for its previously-announced consultation processes on Utility Remuneration and Responding to Distributed Energy Resources (DERs). Among other things, the OEB’s updated a...

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Ontario Government Planning Expanded Rebate to Electricity Customers By David Stevens Jul 18, 2019 On July 9, the Ontario government posted a Proposal of planned changes to regulations under the Ontario Rebate for Electricity Consumers Act, 2016 that are intended to allow for and direct expanded on-bill rebates or credits for Ontario electricity consumers.

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Ontario Court of Appeal Rules That Federal Carbon Pricing Act Is Constitutional By Zoë Thoms and Emily Chittick Jul 04, 2019 The Ontario Court of Appeal has ruled that federal carbon pricing is constitutional. In a 4-1 decision, the court rejected Ontario’s claim that the federal carbon levy is outside the federal government’s jurisdiction. This decision comes just a month after the Saskatchewan Court of Appeal release...

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Amendments to Ontario’s Renewable Energy Facility Regulations By Emily Chittick and David Stevens Jun 21, 2019 On May 31, 2019, the Ontario government published two new regulations relating to renewable energy facilities. The first – O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities – made under the Planning Act, provides clarity on the authority of municipal planning authoriti...

Posted in: Facilities | Utility 2.0 | Ontario | Energy Policy

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The Power Forward Challenge – Natural Resources Canada and the UK Department for Business Energy & Industrial Strategy Reward Innovation By Ron W. Clark and Christian Nianiaris Jun 11, 2019 Natural Resources Canada’s and the UK Department for Business Energy & Industrial Strategy’s Power Forward Challenge is meant to galvanize the path toward a more sustainable future by exploring innovative smart grid technologies. Canadian and U.K. companies are competing to transform our means of...

Posted in: Practice & Procedure | Facilities | Ontario

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Warrantless Inspections Under the EPA and Potential Implications For Energy Companies By Dennis M. O'Leary and Christian Nianiaris May 30, 2019 A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change provincial officers to conduct warrantless inspections of private property.

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Saskatchewan Court of Appeal Affirms Federal Carbon Pricing Act is Constitutional By Zoë Thoms and Emily Chittick May 24, 2019 Saskatchewan’s highest court has ruled that the federal carbon pricing legislation is constitutional. On May 3, 2019, the Saskatchewan Court of Appeal released its decision on the reference with a split 3-2 outcome stating that climate change is a vital national issue and the federal government h...

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Ontario Passes Legislation to “Reform” the OEB and Repeats Promise to Reduce Electricity Costs By David Stevens May 13, 2019 On May 9, the Ontario government passed Bill 87, which amends the OEB Act, the Electricity Act and the Fair Hydro Plan Act. Key items included in the new legislation are reforms to the structure of the Ontario Energy Board and changes to the “Fair Hydro Plan.”

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No New Energy Initiatives in 2019 Ontario Budget By David Stevens Apr 12, 2019 On April 11, 2019, the Ontario government introduced its first budget. Notably, the budget does not include any significant new initiatives or measures aimed at energy policy. Instead, the energy-related discussion in the budget repeats previously-issued announcements, and provides some updates. ...

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Ontario Government Consults on Changes to Industrial Electricity Pricing and Programs By David Stevens Apr 02, 2019 On March 28, the Ontario government announced plans to hold consultations to seek input from businesses about industrial electricity pricing and programs. On April 1, the Ontario government published a consultation notice for this process, confirming that it is looking for input on “electricity ...

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OEB Initiates Consultation Addressing DERs and Utility Remuneration By David Stevens Mar 25, 2019 On March 15, 2019, the Ontario Energy Board announced that it is starting concurrent consultation processes to look at how the electricity sector in Ontario should respond to Distributed Energy Resources and encourage utilities and regulated service providers to “embrace innovation” in their oper...

Posted in: Practice & Procedure | Ontario

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OEB Announces New Performance Standards For Processing Rate Applications By Zoë Thoms Mar 22, 2019 The OEB is updating its rate application processing performance standards as of April 1, 2019. Current rate application performance standards were established in 2009 and were delineated by hearing type – oral or written. The new performance standards will instead be organized by the size of the ...

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Ontario Government Releases OEB Modernization Report By David Stevens Mar 22, 2019 As we explained in an earlier post, the previous Ontario government appointed an expert panel to conduct a review of the OEB, examine best practices from other jurisdictions and report back about potential changes and improvements. The OEB Modernization Review Panel began its work in early 2018, ...

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Ontario Government Releases Its Plan to Reform the OEB and Reduce Electricity Costs By David Stevens Mar 22, 2019 On March 21, 2019, the Ontario government announced a series of plans aimed at lowering electricity costs for consumers and reforming the structure of the Ontario Energy Board.

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Takes Steps Towards Implementing “Activity and Program Based Benchmarking” By David Stevens Mar 01, 2019 On February 25, the Ontario Energy Board staff released their Discussion Paper on Activity and Program Based Benchmarking For Electricity Distributors. The stated objective of APB is “to establish a framework to enable the comparison of utility cost performance in specific capital and OM&A activi...

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OEB Staff Recommend Changes to Ontario’s Commercial and Industrial Electricity Rates By David Stevens Feb 25, 2019 On February 21, 2019, the Ontario Energy Board released the Staff Report to the Board on Rate Design for Commercial and Industrial Electricity Customers. The Staff Report is titled “Rates to Support an Evolving Energy Sector” and sets out OEB staff’s recommendations for new rate designs for elect...

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Ontario Announces “Made-in-Ontario” Emissions Standards By Zoë Thoms Feb 22, 2019 The Ontario government announced new emission reduction standards as part of its plan to address climate change without imposing a carbon tax. The province developed the Emissions Performance Standards as an alternative to the federal Output-Based Pricing System.

Posted in: Ontario | Practice & Procedure | Facilities

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OEB Issues Additional Code Amendment in its Regional Infrastructure Planning and Cost Allocation Review By David Stevens Feb 19, 2019 On February 14, 2019, the Ontario Energy Board issued a Notice of Amendment to the Distribution System Code confirming the final change arising from the OEB’s Regional Planning and Cost Allocation Review consultation.

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Ontario Directs NextBridge to Construct the East-West Tie Transmission Line By David Stevens Feb 01, 2019 On January 30, 2019, the Ontario Minister of Energy issued an Order in Council and Directive to the Ontario Energy Board (OEB), mandating that the East-West Tie Line Project will be constructed by NextBridge Infrastructure LP (NextBridge). The Directive indicates that NextBridge’s electricity tra...

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Ontario Court Confirms Dismissal of Proposed Class Action Against Hydro One By David Stevens Jan 25, 2019 On December 31, 2018, the Ontario Divisional Court dismissed an appeal of a November 2017 Decision denying certification of a class action against Hydro One Networks Inc. The proposed class action relates to alleged overcharges resulting from the rollout of a new customer information system start...

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