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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...

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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...

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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...

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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.

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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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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.

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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: 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 ...

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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: 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.

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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.

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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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BCUC Completes EV Charging Inquiry With Recommendations About Regulated Utilities’ Role By David Stevens Aug 15, 2019 In June 2019, the British Columbia Utilities Commission (BCUC) issued the Phase 2 Report from its Inquiry into the Regulation of Electric Vehicle (EV) Charging Service. This Report looked at the role that might be played by regulated utilities in providing EV charg...

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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.

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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...

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Climate Change Litigation: Urgenda Update By Christian Nianiaris Jul 05, 2019 In Urgenda Foundation v. The State of the Netherlands (2015), the State of Netherlands was found by the court to have an affirmative duty toward its citizens to take action against climate change. Since the initial decision, plaintiffs in other jurisdictions have used it as a framework to bring c...

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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: 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...

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Update on Climate Change Litigation By Christian Nianiaris Jun 07, 2019 The decision in Urgenda Foundation v. The State of the Netherlands (2015) set the framework for climate change litigation across the globe. Since our last post about climate change litigation directly following the Urgenda decision, substantial developments have occurred and there have been a lar...

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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: British Columbia | Ratemaking | Energy Policy

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British Columbia Utilities Commission Proceeds With Inquiry Into Regulation of Indigenous Utilities By David Stevens May 02, 2019 In response to direction from the British Columbia government (set out in an Order in Council), the British Columbia Utilities Commission has established an Inquiry Respecting the Regulation of Indigenous Utilities.

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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. ...

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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...

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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...

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