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Posted in: Canada (Federal) | Climate Change / Renewables | Practice & Procedure | Alberta

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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...

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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...

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2019: Energy Storage Developments in the Last Twelve Months By David Stevens 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.

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Alberta Passes Legislation to Repeal Provincial Carbon Tax By David Stevens Jun 17, 2019 Shortly after Alberta’s United Conservative Party won a majority mandate, Premier Jason Kenney announced the first order of business for his government would be to “repeal the carbon tax, implement the Job Creation Tax Cut, cut red tape and open Alberta for business.”

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All’s “Well” That Ends “Well” The Supreme Court of Canada’s Decision in Orphan Well Association v. Grant Thornton Ltd. By David Stevens, Jeremy Nemers and Brandon Carter Feb 07, 2019 On January 31, 2019, the Supreme Court of Canada rendered its decision in Orphan Well Association v. Grant Thornton Ltd. The majority of the SCC held that end-of-life environmental remediation costs mandated by specific Alberta legislation against a bankrupt oil and gas company must be satisfied ...

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Top Energy Insider Posts of 2018 Jan 21, 2019 2018 saw many interesting developments in the energy sector, both in Ontario and across Canada. The topic that got the most reads on Energy Insider in 2018 was the changes implemented by Ontario’s new provincial government. Other widely-read topics included developments at the Ontario Energy Boar...

Posted in: Canada (Federal) | British Columbia | Alberta

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Government of Canada Purchases Trans Mountain Pipeline Expansion Project for $4.5 Billion May 31, 2018 On May 29, 2018, the Government of Canada announced a $4.5 billion deal with Kinder Morgan to purchase the Trans Mountain pipeline and related terminal assets “in order to secure the timely completion” of the project.

Posted in: Canada (Federal) | British Columbia | Alberta

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TransCanada Receives Approval for North Montney Mainline Project Modifications May 30, 2018 On May 23, 2018, TransCanada Corporation, through its affiliate Nova Gas Transmission Limited (NGTL), received approval from the National Energy Board (NEB) to modify its North Montney Mainline (NMML) project certificate and other related modifications.

Posted in: Practice & Procedure | Ratemaking | Alberta

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Alberta Government Makes First Payment to Electrical Utilities Under Price Cap May 25, 2018 The government of Alberta paid $8.3 million to the electrical utilities in April under the province’s price cap. On June 1, 2017, the government introduced a cap on electricity rates of a maximum of 6.8 cents per kWh.

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Alberta Passes Bill 12 Allowing Province to Restrict Exports of Oil and Gas to B.C. May 18, 2018 The Alberta government passed Bill 12 – Preserving Canada’s Economic Prosperity Act on May 16, 2018, giving the province the ability to limit the export of oil and gas from the province. Bill 12 is aimed squarely at the Government of British Columbia’s opposition to the Tra...

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B.C. Government Asks Court of Appeal to Affirm Right to Limit Bitumen Shipments Through the Province Apr 27, 2018 The Government of British Columbia submitted a reference question to the B.C. Court of Appeal regarding the recently-announced regulations that will stop pipeline companies from increasing bitumen shipments through the province. The government is looking fo...

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British Columbia Announces New Regulations That May Stop Trans Mountain Pipeline Expansion By David Stevens Feb 02, 2018 On January 30, 2018, the British Columbia Minister of Environment and Climate Change Strategy announced that the province would introduce new regulations that will stop pipeline companies from increasing bitumen shipments. The justification for the new regulations is...

Posted in: Energy Policy | Ratemaking | Alberta

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Alberta Utilities Commission Comments on Deemed and Actual Equity Ratios By Fred D. Cass Aug 03, 2017 On November 30, 2016, ENMAX Power Corporation applied to the Alberta Utilities Commission (AUC) for approval of a deemed equity ratio of 37 per cent for its distribution and transmission functions for 2016 and 2017. In its earlier generic cost of capital decision (Decision 20622-D01-2...

Posted in: Alberta | Facilities

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Alberta Energy Regulator Issues Report Highlighting Pipeline Safety Records By David Stevens Feb 27, 2017 On February 21, 2017, the Alberta Energy Regulator (AER) issued a report providing "detailed information on how pipeline operators are performing compared with their peers across Alberta." According to the AER's News Release, the Pipeline Performance Report is the first in a series...

Posted in: Energy Policy | Alberta | Consumer Protection

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Alberta Announces Changes to Balancing Pool Dec 08, 2016 On November 29, 2016, the Government of Alberta announced that it had tabled Bill 34: Electric Utilities Amendment Act, 2016 (Bill 34) in the Alberta Legislature. When passed, Bill 34 will add an additional section to the Electric Utilities Act, S.A. 2003, c. E-5.1 (the EUA). The purpose of Bill ...

Posted in: Ontario | Alberta | Consumer Protection

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Door-to-Door Sales of HVAC Equipment to be Outlawed in Alberta and Ontario By David Stevens Nov 30, 2016 As we discussed recently, the Ontario Government has introduced the Putting Consumers First Act (Consumer Protection Statute Law Amendment Act), 2016 (Bill 59). Among other things, that legislation would support Regulations that would ban unsolicited, door-to-door sales of certain h...

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Alberta Releases Details of Renewable Electricity Program Nov 15, 2016 On November 3, 2016, the Government of Alberta released the first details of its Renewable Electricity Program (the REP). Under the REP, Alberta intends to procure 5,000 MW of renewable electricity generation capacity through a competitive process administered by the Alberta Electric System Opera...

Posted in: Energy Policy | Alberta | Facilities

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Alberta Energy to Assess Cyberthreats to Oil and Gas Industrial Control Systems By David Stevens Feb 22, 2016 A February 2016 Report from the Auditor General of Alberta raises concerns about the fact that neither the Alberta Energy Regulator (AER) nor the Alberta Department of Energy (Energy Alberta) have assessed the threats, risks and impacts to industrial control systems (ICS) used ...

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A Guide to Retaining Skilled Talent for Engineers, Geoscientists and Their Employers By Cynthia R. C. Sefton Jan 29, 2016 The energy industry in Canada depends on its skilled and experienced engineers and geoscientists for the management of its operations and for business continuity. This is no less true in these economic times when companies are under increasing regulator and public scrutiny...

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AUC Approves $56 Million Payment From TransAlta For Price Manipulation By David Stevens Nov 13, 2015 The Alberta Utilities Commission (AUC) has now approved the payment of $56 million by TransAlta Corporation (TransAlta) as an appropriate sanction for the finding that TransAlta had engaged in conduct that did not support the fair, efficient and openly competitive operation of Alberta's...

Posted in: Alberta | Ratemaking

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Supreme Court of Canada Says That Rate Impacts Do Not Justify Disallowance of Reasonable Costs By David Stevens Nov 11, 2015 On September 25, 2015, the Supreme Court of Canada issued two decisions related to utility ratemaking. Much has been written about the OEB v. OPG decision, in relation to the Court's review of the "prudent investment test" (as we discussed here), and the administ...

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TransAlta Agrees to Pay $56 Million to AUC - Is a Class Action Lawsuit Coming? By David Stevens Oct 01, 2015 A settlement has been reached between TransAlta Corporation (TransAlta) and the Market Surveillance Administrator (MSA) of the Alberta Utilities Commission (AUC), under which TransAlta will pay $56 million in penalties to the AUC. The settlement is described in a press release f...

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AUC Finds That Transalta Engaged in Conduct to Drive Up Electricity Prices By David Stevens Aug 18, 2015 On July 27, 2015, the Alberta Utilities Commission (the Commission) released its decision on the Market Surveillance Administrator (MSA) allegations against TransAlta group of companies (TransAlta), Mr. Nathan Kaiser and Mr. Scott Connelly. In the decision, the Commission had to con...

Posted in: Energy Policy | Ontario | Alberta | Ratemaking

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Alberta Utilities Commission Reduces Utility Cost of Capital By David Stevens Apr 07, 2015 In a March 2015 decision, the Alberta Utilities Commission (AUC) set the generic cost of capital for 2013 to 2015 for the utilities that it regulates. In the decision, the AUC reduced cost of capital parameters applicable to the utilities that it regulates. This decision will most likely be cited...

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