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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.
Federal Court of Appeal Dismisses Challenges to Cabinet Approval of Trans Mountain Expansion Project By David Stevens Feb 10, 2020 On February 4, the Federal Court of Appeal (FCA) released its decision in Coldwater First Nation v. Canada (Attorney General), dismissing judicial review applications challenging the federal Cabinet’s approval of the Trans Mountain Pipeline Expansion Project.

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...

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

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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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EnergyInsider - 2019 Year in Review By David Stevens Jan 21, 2020 As 2020 is now upon us, we look back at some of the interesting developments that took place over the past year in the energy sector, both in Ontario and across Canada. The initiatives announced by the Ontario government to reform the structure of the Ontario Energy Board and lower electricity co...

Posted in: British Columbia | Facilities | Practice & Procedure

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Supreme Court of Canada Confirms B.C. Cannot Stop Trans Mountain Expansion By David Stevens Jan 17, 2020 On January 16, the Supreme Court of Canada dismissed an appeal from the Government of British Columbia that sought to confirm that BC has jurisdiction to regulate the shipment of “heavy oil” through the province. In a unanimous judgment issued from the bench the same day as the appe...

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: Ratemaking | Facilities | British Columbia | Practice & Procedure | Energy Policy

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British Columbia Utilities Commission Issues Draft Report Addressing the Regulation of Indigenous Utilities By David Stevens Nov 06, 2019 On November 1, 2019, the British Columbia Utilities Commission issued a Draft Report in its Inquiry Respecting the Regulation of Indigenous Utilities. The Draft Report sets out the commission’s recommendations about the extent to which “Indigenous Ut...

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.

Posted in: U.S. | Facilities

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California Electricity Utility Shuts Off Power to Prevent Sparking Wildfires By David Stevens Oct 10, 2019 As of October 9, 2019, Pacific Gas & Electric (the largest utility in California) has cut electricity to more than 500,000 customers in an effort to avoid sparking wildfires. This dramatic step is being taken in response to forecast high winds and low humidity, which together can ...

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

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Federal Court Suspends Operation of Alberta’s “Turn Off The Taps” Legislation By David Stevens Oct 04, 2019 A recent Federal Court decision has granted the British Columbia Attorney General an interlocutory injunction suspending the operation of Alberta’s Preserving Canada’s Economic Prosperity Act. The decision prevents Alberta from making orders under section 2(2) of Bill 12 until th...
Climate Change Litigation: ENvironnement JEUnesse v. Canada Update Sep 26, 2019 As we discussed in a prior article, climate change litigation has come to Canada. In November 2018, an environmental group called ENvironment JEUnesse (ENJEU or Jeunesse) applied to the court to authorize a class action against the Canadian government on behalf of Quebecers aged 35 and unde...

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

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The Federal Court of Appeal Grants Leave to Six Judicial Review Applications That Seek to Quash the Reapproval of the Trans Mountain Expansion Project By David Stevens and Codie Mitchell Sep 11, 2019 The Trans Mountain pipeline expansion project is once again in the hands of the Federal Court of Appeal after the September 4, 2019 decision in Raincoast Conservation Foundation v. Canada (Attorney General).

Posted in: Canada (Federal) | Energy Policy

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Government of Canada Establishes the Canadian Centre for Energy Information By David Stevens Aug 28, 2019 As promised in the 2019 Budget, the federal government is moving forward with the “Canadian Centre for Energy Information.” The Centre is a partnership between Natural Resources Canada and Statistics Canada.
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...
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