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Posted in: Ontario | Practice & Procedure

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OEB Provides Guidance Regarding Distributed Energy Resources Projects By Fred D. Cass Dec 02, 2020 On November 26, 2020, Ontario Energy Board staff issued two letters providing guidance to support... On November 26, 2020, Ontario Energy Board staff issued two letters providing guidance to support the efficient and timely connection of Distributed Energy Resources projects.

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Ontario’s Low-Carbon Hydrogen Strategy By David Stevens and Christian Nianiaris Nov 24, 2020 Ontario’s first Low-Carbon Hydrogen Strategy is in the works. On November 19, 2020, Jeff Yurek, t... Ontario’s first Low-Carbon Hydrogen Strategy is in the works. On November 19, 2020, Jeff Yurek, the Minister of the Environment, Conservation and Parks, announced a plan to foster an Ontario hydrogen economy. As part of this announcement, the government released the Ontario Low-Carbon Hydrogen St...

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Pole Attachment Charge Approved by OEB Upheld on Appeal By Fred D. Cass Nov 16, 2020 The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charg... The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charge approved by the Ontario Energy Board for wireline attachments to electricity distribution poles.

Posted in: Ontario | Ratemaking | Practice & Procedure

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Update on OEB Proceedings Addressing the Elimination of Hydro One’s Seasonal Rates By Fred D. Cass Nov 10, 2020 The OEB directed Hydro One to file an updated Report on Elimination of the Seasonal Class and tha... The OEB directed Hydro One to file an updated Report on Elimination of the Seasonal Class and that updated Report has been filed with the OEB by Hydro One.

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Ontario Energy Board Approves Hydrogen Blending Pilot Project By David Stevens Nov 05, 2020 On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge ... On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge Gas Inc. to pursue a pilot project involving the blending of hydrogen with conventional natural gas distributed to customers as a means to reduce greenhouse gas emissions.

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Ontario Energy Board Moving Forward With Its Modernization Plans By David Stevens Nov 04, 2020 In an October 30, 2020 letter, the new CEO of the Ontario Energy Board (Suzanna Zagar) indicated ... In an October 30, 2020 letter, the new CEO of the Ontario Energy Board (Suzanna Zagar) indicated that the OEB is “moving forward on the OEB Modernization Review Panel recommendations and its position that the OEB must be more than a prudent regulator.”

Posted in: Ontario | Energy Policy | Conservation

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Ontario Government Proposes to Mandate “Green Button” Tool to Allow Energy Consumers to Access and Share Their Consumption Data By David Stevens and Sara Abhari Oct 21, 2020 On October 8, the Ontario Ministry of Energy, Northern Development and Mines issued a regulatory ... On October 8, the Ontario Ministry of Energy, Northern Development and Mines issued a regulatory proposal indicating that electricity and gas utilities across the province will be required to implement “Green Button”.

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Ontario Proposes to Change Net Metering Regulation to Support “Community-Based Energy Systems” By David Stevens and Emily Chittick Oct 20, 2020 On October 8, 2020, the Ministry of Energy, Development and Mines posted a regulatory proposal de... On October 8, 2020, the Ministry of Energy, Development and Mines posted a regulatory proposal detailing planned amendments to Ontario’s Net Metering Regulation to allow for “demonstration of community net-metering projects.”

Posted in: Energy Policy | Ontario | Conservation

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Ontario Minister of Energy Directs IESO to Deliver a New Conservation and Demand Management Framework By David Stevens and Christian Nianiaris Oct 09, 2020 On September 30, the Minister of Energy, Northern Development and Mines approved a Minister’s Dir... On September 30, the Minister of Energy, Northern Development and Mines approved a Minister’s Directive requiring the Independent Electricity System Operator to establish a new four-year electricity conservation and demand management framework.

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New Governance Structure for the Ontario Energy Board is Now in Place By David Stevens Oct 02, 2020 On October 1, the Ontario government announced that the Ontario Energy Board’s new governance str... On October 1, the Ontario government announced that the Ontario Energy Board’s new governance structure is now in place. The new governance structure reflects the changes made previously in Bill 87.

Posted in: Ontario | Practice & Procedure

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OEB Decision Addresses Slow Uptake of COVID-19 Energy Assistance Funding By Fred D. Cass Oct 01, 2020 On September 30, the OEB issued a further decision to address issues that have arisen in terms of... On September 30, the OEB issued a further decision to address issues that have arisen in terms of the level of participation by customers in the Ontario government’s COVID-19 Energy Assistance programs and facilitate achievement of the government’s goal for the programs.

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Ontario’s Carbon Emissions Standards to Replace the Federal Regime for Large Emitters in the Province By David Stevens and Sara Abhari Sep 25, 2020 On September 21, 2020, the Ontario Minister of the Environment, Conservation and Parks announced ... On September 21, 2020, the Ontario Minister of the Environment, Conservation and Parks announced that the federal government has accepted Ontario’s Emissions Performance Standards as an alternative to the federal carbon pricing regime.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Upholds Decision Eliminating Hydro One’s Seasonal Rates By Fred D. Cass Sep 23, 2020 The Ontario Energy Board has dismissed a motion to review and vary its 2015 decision that Hydro O... The Ontario Energy Board has dismissed a motion to review and vary its 2015 decision that Hydro One Networks Inc. eliminate its seasonal customer class and move existing seasonal customers to one of three Hydro One residential rate classes on the basis of density.

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.

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