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Posted in: Ontario | Energy Policy | Energy Storage | Practice & Procedure

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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...

Posted in: Ontario | Practice & Procedure | Canada (Federal)

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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.

Posted in: Facilities | Ontario | Climate Change / Renewables | Energy Policy

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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.

Posted in: Ontario | Ratemaking | Practice & Procedure | Energy Policy

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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 ...

Posted in: Ontario | Consumer Protection | Practice & Procedure | Energy Policy

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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.

Posted in: Energy Policy | Ontario

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Province Implements Changes to Residential Hydro Bills to Highlight Provincial Subsidies Oct 22, 2019 As of November 1, Ontario electricity providers will be required to list the total amount of the provincial subsidization of electricity charges on residential customer’s bills. The changes will not, however, affect the amounts currently paid by customers. This change ...

Posted in: Practice & Procedure | Ontario | Climate Change / Renewables | Energy Policy

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Ontario Government Should Have Consulted Before Repealing the Cap and Trade Regulation By David Stevens Oct 15, 2019 On October 11, the Ontario Divisional Court found that the Ontario government failed to comply with its legal obligation to consult before repealing the Cap and Trade Regulation.
Climate Change Litigation: Actions Against Corporations By 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.

Posted in: Energy Policy | Ratemaking | Practice & Procedure | Ontario

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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.
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 Respond...
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.

Posted in: Facilities | Energy Storage | Ratemaking | Ontario | Energy Policy

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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 thing...

Posted in: Ontario | Practice & Procedure | Consumer Protection | Ratemaking

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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.

Posted in: Climate Change / Renewables | Ontario | Energy Policy

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Ontario Court of Appeal Rules That Federal Carbon Pricing Act Is Constitutional By 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 Cour...

Posted in: Practice & Procedure | Climate Change / Renewables | Facilities | Ontario

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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 authorit...

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 techn...

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.

Posted in: Climate Change / Renewables | Saskatchewan | Ontario | Practice & Procedure

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Saskatchewan Court of Appeal Affirms Federal Carbon Pricing Act is Constitutional By 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...

Posted in: Practice & Procedure | Ontario | Energy Policy

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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.”

Posted in: Energy Policy | Ontario | Practice & Procedure

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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. ...

Posted in: Ontario | Ratemaking | Practice & Procedure | Energy Policy

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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 f...

Posted in: Ratemaking | Energy Policy | Practice & Procedure | Ontario

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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 the...

Posted in: Practice & Procedure | Ontario

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OEB Announces New Performance Standards For Processing Rate Applications 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 ...
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