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Posted in: Facilities | Energy Policy | Canada (Federal) | British Columbia | Alberta

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Alberta Passes Bill 12 Allowing Province to Restrict Exports of Oil and Gas to B.C. By Zoë Thoms 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 Trans Mountain pipeline pr...

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Federal Government to Intervene in B.C.’s TransMountain Reference Case By David Stevens May 04, 2018 On May 3, 2018, the federal Minister of Justice Jody Wilson-Raybould announced that the federal government will intervene in the British Columbia government’s reference question to the B.C. Court of Appeal. The Justice Minister indicated that “[w]e are confident in Parliament’s jurisdiction and w...

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B.C. Government Asks Court of Appeal to Affirm Right to Limit Bitumen Shipments Through the Province By Zoë Thoms 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 for the court to affirm its jurisdiction t...

Posted in: Practice & Procedure | Ontario | Facilities

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OEB Selects EPCOR to Provide Gas Distribution Service to South Bruce Municipalities By David Stevens Apr 20, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order in a proceeding to select a gas distributor to serve South Bruce municipalities (Municipality of Arran-Elderslie, the Municipality of Kincardine and the Township of Huron-Kinloss). The OEB chose EPCOR Southern Bruce Gas Inc.,...

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Uncertainty Leads to Suspension of Trans Mountain Pipeline Expansion By David Stevens Apr 10, 2018 On April 8, 2018, Kinder Morgan Canada Limited announced that it is “suspending all non-essential activities and related spending on the Trans Mountain Expansion Project.” Kinder Morgan noted that while it has the support of the federal, Alberta and Saskatchewan governments for the project, it fa...

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OEB Issues its Final Report on Wireline Pole Attachment Charges By David Stevens Mar 26, 2018 On March 22, 2018, the Ontario Energy Board issued its Final Report on Wireline Pole Attachment Charges setting the amount that telecom carriers will pay to attach to electricity poles. In the Final Report, the OEB has set a province-wide charge of $43.63 per pole/per attacher/per year.

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OEB Varies Prior Decision Related to Sharing Property Sale Proceeds With Ratepayers By David Stevens Mar 01, 2018 On February 22, 2018, the Ontario Energy Board issued a Decision and Order reversing certain determinations made by a prior OEB panel about the sharing of proceeds from a property sale. This Review Motion Decision is the conclusion of a very lengthy motion to review and vary a July 2016 OEB Decis...

Posted in: Facilities | Ontario | Energy Policy

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Ontario Issues Canada’s Largest Green Bond By David Stevens Feb 20, 2018 On February 14, the Ontario government announced that it had successfully issued a $1 billion green bond. This is the fourth green bond issued by the Government of Ontario, following three successful earlier green bond issuances: a $500 million four-year issue in 2014, a $750 million seven-year i...

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Legislation Introduced to Replace the NEB and Project Review Process By David Stevens Feb 14, 2018 On February 8, 2018, the federal government released Bill C-69 titled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.” The new legislation is the culmination of the promise...

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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 to given the province time to...

Posted in: Facilities | Canada (Federal) | Ratemaking

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NEB Denies Request for a Proposed Long-Term Load Retention Service By David Stevens Jan 31, 2018 On January 22, 2018, the National Energy Board released a letter decision denying an application by Maritimes & Northeast Pipeline for approval of a load retention service and reduced toll to Irving Oil Ltd.

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OEB Issues Its Largest Rate Case Decision Ever By David Stevens Jan 18, 2018 On December 28, 2017, the Ontario Energy Board (OEB) issued its Decision with Reasons in the Ontario Power Generation “Payment Amounts” case, covering the 2017 to 2021 period. Among the notable determinations are an approval of the forecast costs of the Darlington Refurbishment Project and reduct...

Posted in: Ontario | Practice & Procedure | Facilities

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Ontario Court of Appeal Finds That Gas Utility’s Franchise Agreement Prevails Over Drainage Act By David Stevens Jan 16, 2018 In a decision released on January 10, 2018, the Ontario Court of Appeal found in favour of Union Gas on the question of whether the cost sharing provisions of a model franchise agreement apply to the relocation of a gas pipeline necessitated by drainage works. The Court found that the provisions ...

Posted in: British Columbia | Facilities | Energy Policy

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B.C. Decides to Move Ahead with Site C Dam By David Stevens and Nicholas Smith Dec 13, 2017 The Government of British Columbia has decided to proceed with construction of the Site C Dam following its review of the BC Utilities Commission (BCUC) Final Report. In an announcement made on December 11, 2017, Premier John Horgan expressed the difficulty faced by the NDP government in coming t...

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Ontario Proposes New Regulations to Support Expanded Net Metering By David Stevens Dec 08, 2017 A series of recent postings to Ontario’s Regulatory Registry set out proposed amended or new regulations that are intended to support expanded net metering opportunities in Ontario. These proposals follow the commitment in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) to give customers new way...

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Directives Issued to IESO and OEB to Prepare Implementation Plans for 2017 LTEP By David Stevens Nov 16, 2017 In late October, Ontario’s Minister of Energy (Glenn Thibeault) issued Directives to the Independent Electricity System Operator (IESO) and the Ontario Energy Board (OEB), requiring each body to prepare “implementation plans” setting out the steps they intend to take to implement the goals and ob...

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Ontario Ministry of Energy Proposes Regulatory Changes to Start Implementing 2017 LTEP By David Stevens Nov 15, 2017 As we discussed in an earlier post, many of the new initiatives set out in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) will require changes to statutes and/or regulations. Late last month, the Ontario Ministry of Energy announced changes to a couple of regulations to begin implementing annou...

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British Columbia Utilities Commission Issues Final Report About Site C Project By David Stevens and Nicholas Smith Nov 09, 2017 On November 1, 2017, the British Columbia Utilities Commission (BCUC) issued its Final Report on BC Hydro’s “Site C” hydroelectric project. This Final Report represents the culmination of a nearly three-month long investigatory and consultative process to re-examine the viability and appropriaten...

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Ontario’s New Long Term Energy Plan Stays the Course By David Stevens Nov 01, 2017 On October 26, 2017, Ontario’s Minister of Energy Glenn Thibeault released Ontario’s 2017 Long-Term Energy Plan (2017 LTEP). This long-awaited document is intended to set the course for Ontario’s energy supply over the coming years. While the 2017 LTEP does include some new plans and initiatives,...

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NEB Publishes Interactive Pipeline Incidents Tool By David Stevens Oct 26, 2017 Recently, the National Energy Board (NEB) published an interactive online tool that helps users access and review a wide range of information about pipeline incidents at NEB-regulated pipelines and facilities. This tool allows interested parties to find, compare, sort and review data about “repor...

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Proposed Regulation of Compressed Air Energy Storage in Ontario By David Stevens and Rebecca Hines Oct 20, 2017 Recently, the Ontario government provided details of a new regulatory framework that would license and oversee compressed air energy storage (CAES) projects in Ontario. Overview Currently, under the Oil, Gas and Salt Resources Act (OGSRA), the Minister of Natural Resources and Forestry licenses ...

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Proposed Amendments to Increase Innovation and Development in Marine Renewable Energy Sector By David Stevens and Rebecca Hines Oct 11, 2017 On October 5, 2017, the Government of Nova Scotia announced that it will amend its Marine Renewable-energy Act to make it easier for tidal technology developers “to assess innovative, lower-cost tidal energy technologies” and bring their technologies to market faster. The amendments are also inte...

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TransCanada Abandons Energy East Project By David Stevens Oct 05, 2017 On October 5, 2017, TransCanada Corporation announced that it will not proceed with the Energy East and Eastern Mainline projects. As a result, TransCanada will withdraw its applications to the National Energy Board for these projects.

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Court Orders Government to Reconsider its Approval of an Assignment of an Easement Related to the Trans Mountain Pipeline By David Stevens and Dillon Collett Oct 05, 2017 In a decision related to the Trans Mountain pipeline, the Federal Court of Appeal has decided against Kinder Morgan and the Federal Government. In Coldwater Indian Band v. Canada (Aboriginal Affairs and Northern Development), issued on September 26, 2017, the FCA held that the Minister of Indigen...

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