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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.

Posted in: Practice & Procedure

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To Declare or Not to Declare? Should Ontario’s Local Electricity Distribution Companies Pay Dividends in the Age of the Pandemic? By Ron W. Clark, Sarah Newman and Stephanie D’Amico May 06, 2020 The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. ... The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. As adverse financial conditions continue, businesses, and some regulators, are turning their attention to the question of whether c...

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

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OEB Approves Hydro One Acquisition of Orillia and Peterborough Electricity Distributors By Fred D. Cass May 04, 2020 The OEB has now approved the acquisition of Orillia Power by Hydro One, subject to a number of co... The OEB has now approved the acquisition of Orillia Power by Hydro One, subject to a number of conditions, in a decision issued on April 30, 2020. In another decision issued on the same day, the OEB approved Hydro One’s proposed acquisition of Peterborough Distribution ...

Posted in: Practice & Procedure | Facilities | Ontario

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OEB Adds Licence Conditions to Ensure Generator Does Not Abuse Market Power By David Stevens Apr 30, 2020 On April 9, the Ontario Energy Board issued a Decision and Order responding to the requested amen... On April 9, the Ontario Energy Board issued a Decision and Order responding to the requested amendment of the electricity generation licence for Portlands Energy Centre L.P. to reflect that it becomes the owner and operator of two other gas-fired generation facilities.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Decision on Hydro One Transmission Revenue Requirement By Fred D. Cass Apr 24, 2020 This blog post will discuss the OEB’s approval of the inclusion of a capital factor in Hydro One’... This blog post will discuss the OEB’s approval of the inclusion of a capital factor in Hydro One’s Custom IR formula.

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Approves Rate for New Gas Transportation Service for Natural Gas Distributors By Fred D. Cass Apr 22, 2020 On April 9, the Ontario Energy Board issued its decision in respect of an application by Enbridge... On April 9, the Ontario Energy Board issued its decision in respect of an application by Enbridge Gas Inc. for leave to construct the proposed Owen Sound reinforcement pipeline project.

Posted in: Practice & Procedure | Ontario

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OEB Revokes Designation of Gas Storage Areas Proposed for Compressed Air Storage By Fred D. Cass Apr 20, 2020 On April 9, 2020, the Ontario Energy Board revoked the designation of designated natural gas stor... On April 9, 2020, the Ontario Energy Board revoked the designation of designated natural gas storage areas known as the Bayfield Pool and the Stanley 4-7-XI Pool in the County of Huron, Ontario.

Posted in: Facilities | Ontario | Practice & Procedure

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OEB Approves “Hybrid” Option for Replacement of Natural Gas Pipeline By Fred D. Cass Apr 03, 2020 On April 1, the OEB approved a “hybrid” option for Enbridge Gas Inc.'s application to construct a natural gas pipeline and ancillary facilities replacing approximately 64 kilometres of its Windsor pipeline.

Posted in: Ontario | Practice & Procedure

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OEB Issues Decision on Proposal by Municipalities to Form New Natural Gas Distributor By Fred D. Cass Mar 02, 2020 On February 27, the Ontario Energy Board issued a decision in respect of a proposal for a new natural gas distribution company to distribute gas in municipalities located on the north shore of Lake Superior between Nipigon and Sault Ste. Marie.

Posted in: Environmental Issues | Climate Change / Renewables | Energy Policy

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Climate Change Litigation - Dutch Supreme Court Delivers Historic Climate Change Decision in the Urgenda Case By David Stevens and David Mba Feb 27, 2020 The Supreme Court of Netherlands recently delivered a landmark decision in the Urgenda climate change case against the Dutch government, confirming lower court decisions holding that the government has obligations to urgently and significantly redu...
Alberta Court of Appeal Rules That Federal Carbon Levy is Unconstitutional By David Stevens Feb 26, 2020 On February 24, 2020, the Alberta Court of Appeal (Alberta CA) issued its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2020, finding (by a 4:1 majority) that “the regulation of GHG emissions or any variation on this theme does not qualify for inclusion as a f...

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 ...
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