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

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OEB to Continue Its Responding to Distributed Energy Resources (DERs) Consultation Feb 01, 2021 On December 16, 2020 and January 18, 2021, the Ontario Energy Board issued letters about the publ... On December 16, 2020 and January 18, 2021, the Ontario Energy Board issued letters about the publication of expert reports from London Economics Inc LLC and ICF on the future of Distributed Energy Resources (DER) projects in Ontario.

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A Look Back at Our Top Energy Stories From 2020 By David Stevens Jan 21, 2021 In the energy sector, the Ontario government announced a number of initiatives in 2020 to help th... In the energy sector, the Ontario government announced a number of initiatives in 2020 to help those who were struggling to pay their energy bills as a result of COVID-19. However, a few other issues made headlines as well and in this article, we look back at a few of the top stories we covered o...

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Ontario Energy Board Looking to Simplify Rate Applications for Smaller Distributors By David Stevens Dec 18, 2020 On December 17, the Ontario Energy Board issued a letter inviting “smaller electricity distributo... On December 17, the Ontario Energy Board issued a letter inviting “smaller electricity distributors” to participate in a meeting to identify opportunities to improve regulatory efficiency for their rate applications.

Posted in: Practice & Procedure | Facilities | Ontario

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OEB Approves Pipeline Route Realignment on Motion to Review and Vary By Fred D. Cass Dec 18, 2020 On March 12, 2020, the Ontario Energy Board approved construction by Imperial Oil Limited of a pi... On March 12, 2020, the Ontario Energy Board approved construction by Imperial Oil Limited of a pipeline for the transportation of refined petroleum products from a facility in Hamilton to a facility in Toronto. Subsequent to the OEB’s decision granting leave to construct, Imperial Oil re...

Posted in: Facilities | Practice & Procedure | Ontario

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OEB Releases Report on Potential Projects to Expand Access to Natural Gas Distribution By Fred D. Cass Dec 14, 2020 The Ontario Energy Board has released its Report to the Minister of Energy, Northern Development ... The Ontario Energy Board has released its Report to the Minister of Energy, Northern Development and Mines and to the Associate Minister of Energy on Potential Projects to Expand Access to Natural Gas Distribution.

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Pole Attachment Charge Approved by OEB Upheld on Appeal By Fred D. Cass Nov 16, 2020 The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charg... The Ontario Divisional Court has issued a decision dismissing an appeal with respect to the charge approved by the Ontario Energy Board for wireline attachments to electricity distribution poles.

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Ontario Energy Board Approves Hydrogen Blending Pilot Project By David Stevens Nov 05, 2020 On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge ... On October 30, the Ontario Energy Board issued a decision approving an application from Enbridge Gas Inc. to pursue a pilot project involving the blending of hydrogen with conventional natural gas distributed to customers as a means to reduce greenhouse gas emissions.

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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 | 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...

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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: Facilities | Practice & Procedure | Ontario

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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...

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: 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.

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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.

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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...

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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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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: 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 ...

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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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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).

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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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B.C. Pipeline Not Subject to Federal Jurisdiction Says NEB By David Stevens and Emily Chittick Aug 08, 2019 The National Energy Board (NEB) has determined that the Coastal GasLink Pipeline Project (CGLP) does not fall within its jurisdiction. The CGLP is a proposed 670 km natural gas pipeline entirely within the province of British Columbia that would supply the LNG Canada project. The CGLP was authori...

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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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