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Ron Clark Appointed to the Board of Directors of QUEST By Ron W. Clark Sep 11, 2020 Ron Clark, partner at Aird & Berlis and a member of the firm’s Energy Group, has been appointed t... Ron Clark, partner at Aird & Berlis and a member of the firm’s Energy Group, has been appointed to the Board of Directors of QUEST, a national non-government organization that works to accelerate the adoption of efficient and integrated community-scale energy systems in Canada by informing, inspi...

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...

Posted in: Energy Policy | Consumer Protection | Ontario | Ratemaking

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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.

Posted in: Energy Storage | Canada (Federal) | Ontario | Facilities | Energy Policy

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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.

Posted in: Ontario | Climate Change / Renewables | Ontario Court of Appeal

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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.

Posted in: EnergyInsider Categories

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Implementation of New Ontario Electricity Transmission Rates Delayed Due to COVID-19 Pandemic By Fred D. Cass Aug 04, 2020 The Ontario Energy Board (OEB) issued a decision on July 30, 2020 approving 2020 Uniform Transmis... The Ontario Energy Board (OEB) issued a decision on July 30, 2020 approving 2020 Uniform Transmission Rates (UTRs) for the six licensed electricity transmitters in Ontario that currently recover their revenues through the UTRs. As noted in the decision, the OEB ap...

Posted in: EnergyInsider Categories | Energy Policy | Ontario

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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).

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

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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.

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

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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 ...

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

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Supreme Court Dismisses Appeal Against Approval of Trans Mountain Pipeline Expansion Project By David Stevens and Benjamin Mayer-Goodman Jul 03, 2020 On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a ... On July 2, 2020, the Supreme Court of Canada dismissed an application for leave to appeal from a group of First Nations in British Columbia who sought to challenge the federal Cabinet’s second approval of the Trans Mountain Pipeline Expansion Project.

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.
BCUC Approves FortisBC Energy’s Clean Growth Innovation Fund By David Stevens and Benjamin Mayer-Goodman Jun 29, 2020 On June 22, FortisBC Energy Inc.’s application for a $24.5 million ratepayer funded Clean Growth ... On June 22, FortisBC Energy Inc.’s application for a $24.5 million ratepayer funded Clean Growth Innovation Fund was approved by the British Columbia Utilities Commission as part of FortisBC’s rate application.
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OEB Consulting on Time-of-Use Opt-Out Mechanism By David Stevens and Angela Oh Jun 26, 2020 The Ministry of Energy, Northern Development and Mines recently announced that consumers on the R... The Ministry of Energy, Northern Development and Mines recently announced that consumers on the Regulated Price Plan (RPP) who pay time-of-use (TOU) prices will be able to opt out of TOU pricing to tiered prices starting on or after November 1, 2020. In response to this initiative, the Ontario En...
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OEB Decision Supports Increase in Natural Gas Storage Capacity By Fred D. Cass Jun 26, 2020 In a decision issued on June 25, 2020, the Ontario Energy Board approved a proposal by Enbridge G... In a decision issued on June 25, 2020, the Ontario Energy Board approved a proposal by Enbridge Gas Inc. to increase the maximum operating pressures of three natural gas storage pools located near Sarnia, Ontario. The purpose of the increase in maximum operating pressures is to increase the gas...
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OEB Issues Decision Regarding COVID-19 Energy Assistance Program By Fred D. Cass Jun 18, 2020 The Ontario Energy Board has issued a decision regarding the Ontario government’s COVID-19 Energy... The Ontario Energy Board has issued a decision regarding the Ontario government’s COVID-19 Energy Assistance Program.

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.

Posted in: Practice & Procedure | Ontario | Energy Policy

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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.

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

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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.

Posted in: Practice & Procedure | Ontario | Energy Policy

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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.

Posted in: Ontario | Practice & Procedure | Energy Policy

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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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