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Posted in: Facilities | Practice & Procedure | Canada (Federal)

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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: 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 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 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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Amendments to Ontario’s Renewable Energy Facility Regulations By David Stevens Jun 21, 2019 On May 31, 2019, the Ontario government published two new regulations relating to renewable energy facilities. The first – O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities – made under the Planning Act, provides clarity on the authority of municipal planning authorit...

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 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...

Posted in: Practice & Procedure | Facilities | Ontario

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Warrantless Inspections Under the EPA and Potential Implications For Energy Companies By Dennis M. O'Leary May 30, 2019 A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change provincial officers to conduct warrantless inspections of private property.

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B.C. Does Not Have Jurisdiction to Regulate the Shipment of Bitumen Through the Province By David Stevens May 27, 2019 In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of “heavy oil” through the province.

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CAMPUT 2019 - Utility “Hardening” for Extreme Weather Events By David Stevens May 07, 2019 The theme of the 2019 CAMPUT Conference is “Managing the Regulatory Range” – addressing how regulators, utilities and consumers can best prepare for the many challenges that face the industry. An interesting session on May 6 looked at the implications of serious weather-related events on utilitie...

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Nova Scotia Revokes Licence for Cape Sharp Tidal and Orders Removal of Turbine By David Stevens Apr 04, 2019 On April 3, the Nova Scotia Department of Energy and Mines announced that it has revoked the marine renewable-electricity licence issued to Cape Sharp Tidal Venture Ltd.

Posted in: Ontario | Practice & Procedure | Facilities

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OEB Issues Additional Code Amendment in its Regional Infrastructure Planning and Cost Allocation Review By David Stevens Feb 19, 2019 On February 14, 2019, the Ontario Energy Board issued a Notice of Amendment to the Distribution System Code confirming the final change arising from the OEB’s Regional Planning and Cost Allocation Review consultation.

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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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Ontario Directs NextBridge to Construct the East-West Tie Transmission Line By David Stevens Feb 01, 2019 On January 30, 2019, the Ontario Minister of Energy issued an Order in Council and Directive to the Ontario Energy Board (OEB), mandating that the East-West Tie Line Project will be constructed by NextBridge Infrastructure LP (NextBridge). The Directive indicates that NextBridge’s ...

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OEB Issues Amendments to Codes to Facilitate Regional Infrastructure Planning By David Stevens Jan 24, 2019 In late December 2018, the Ontario Energy Board issued a Notice of Amendments to Codes to Facilitate Regional Planning. The Notice confirms many changes to the Transmission System Code and Distribution System Code that the OEB has been proposing over the past year to reflect the ...

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