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Posted in: Practice & Procedure | Ontario | Ratemaking | Energy Policy

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OEB Rejects Hydro One’s Proposed Acquisition of Orillia Power Distribution By David Stevens Apr 18, 2018 On April 12, 2018, the Ontario Energy Board issued a Decision and Order denying Hydro One Inc.’s application to purchase the shares of Orillia Power Distribution Corporation. The OEB’s Decision explains that Hydro One and Orillia Power have failed to establish that there will be no harm to Orilli...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Issues Its First Decision Using “Proportionate Review” By David Stevens Apr 04, 2018 On March 29, 2018, the Ontario Energy Board (OEB) issued a Decision on Scope of Review in an electricity distributor rate application that is being processed under the OEB’s new proportionate review approach. Under that approach, selected local distribution companies (LDCs) can agree to have thei...

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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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British Columbia Utilities Commission Launches Inquiry to Review Regulation of Electric Vehicle Charging By Zoë Thoms Mar 13, 2018 The British Columbia Utilities Commission (BCUC) recently established an inquiry to review the regulation of electric vehicle (EV) charging services in the province. The inquiry evolved out of an application by FortisBC Inc. for approval of a $9.00 per half hour EV charging rate for servic...

Posted in: Ratemaking | British Columbia | Energy Policy

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BCUC Rejects BC Hydro Request for a Rate Freeze By David Stevens Mar 08, 2018 On March 1, 2018, the British Columbia Utilities Commission (BCUC) issued its Decision and Order for BC Hydro’s revenue requirement and rates for fiscal years 2017 to 2019. In the decision, the BCUC approved rate increases of 4% effective April 1, 2016, 3.5% effective April 1, 2017, and 3% effect...

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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: Ontario | Ratemaking | Energy Policy

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Financial Accountability Office Finds Partial Sale of Hydro One Will Cost Ontarians in the Long Term By David Stevens Feb 22, 2018 Ontario completed its final sale of Hydro One shares in December 2017, having generated an estimated $9.2 billion in proceeds by selling 53% of Hydro One. On February 12, 2018, Ontario’s Financial Accountability Office released a report titled “Hydro One: Updated Analysis of the Partial Sale of H...

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OEB Announces Additional RPP Pricing Pilot Program Approvals By David Stevens Feb 06, 2018 The Ontario Energy Board (OEB) has recently announced another participant in its Regulated Price Plan (RPP) pricing pilot program. CustomerFirst will test two different RPP pricing pilots in the service territories of 6 distributors: Newmarket-Tay Power Distribution Ltd., Greater Sudbury Hydro In...

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: Ratemaking | Practice & Procedure

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FERC Rejects Secretary of Energy Direction to Assure Cost Recovery for Coal and Nuclear Generators By David Stevens Jan 12, 2018 On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued an Order terminating a rulemaking proceeding ordered by the U.S. Secretary of Energy (Rick Perry). This overrules Secretary Perry’s September 2017 Direction and “Notice of Proposed Rulemaking” to the FERC requiring the est...

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OEB Allows Review Motions in Hydro One/Orillia Power Proceeding By Fred D. Cass Jan 10, 2018 In August 2017, we wrote about a Procedural Order issued by the Ontario Energy Board in which the OEB adjourned the hearing of an application (“MAADs” application) by Hydro One Inc. for approval to acquire Orillia Power Distribution Corporation until a decision on Hydro One’s distribution rate ap...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Draft Report on Wireline Pole Attachment Rates By Fred D. Cass Dec 28, 2017 Earlier this month, the Ontario Energy Board issued a draft report on policies for wireline pole attachment rates charged by electricity distributors for attachments by telecommunication and cable companies to distribution poles. The draft report resulted from the OEB’s policy consultation on wir...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Releases Nordicity Report on Wireline Pole Attachments By Fred D. Cass Dec 27, 2017 On December 18, 2017, the Ontario Energy Board released a report prepared by Nordicity Group Ltd. with respect to wireline pole attachments by telecommunication and cable companies on electricity distribution poles. Nordicity was retained by the OEB to facilitate meetings of the OEB’s Pole ...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Plans to Introduce “Proportionate Review” of Utility Rate Applications By David Stevens Dec 01, 2017 A recent webinar presented by Ontario Energy Board staff to representatives of Ontario’s electricity distributors sets out the OEB’s plan to link utility performance and regulatory review. As seen in the presentation from the webinar, the OEB intends to employ a more light-handed review process f...

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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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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,...

Posted in: Ratemaking | Ontario | Energy Policy

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Ontario’s Auditor General Highlights the Cost of the Fair Hydro Plan By David Stevens Oct 25, 2017 On October 17, 2017, Ontario Auditor General Bonnie Lysyk released a special report titled The Fair Hydro Plan: Concerns About Fiscal Transparency, Accountability and Value For Money. The AG Report is quite critical of the Ontario government’s approach to the “Fair Hydro Plan,” stating (among oth...

Posted in: Ratemaking | Ontario | Facilities

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OEB Approves Hydro One's Transmission Revenue Requirement, With Some Changes By David Stevens Oct 02, 2017 On September 28, 2017, the Ontario Energy Board (OEB) released its Decision on Hydro One’s transmission revenue requirement for 2017 and 2018. For the most part, the OEB accepted Hydro One’s forecasts and requests, although there are a number of areas where there are differences.

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Proposed Legislation Would Require Cap and Trade Costs to Be Identified on Ontario Gas Bills By David Stevens Sep 28, 2017 The Transparency in Gas Pricing Act, 2017 passed second reading on September 21, 2017, and has been referred to the Ontario Legislature’s Standing Committee on Finance and Economic Affairs. This proposed legislation, which is sponsored by an opposition party MP, would require that every gas...

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OEB Approves Gas Utilities’ 2017 Cap and Trade Compliance Plans By Dennis M. O'Leary Sep 27, 2017 On September 21, 2017, the Ontario Energy Board issued its public and confidential decisions approving the 2017 Cap and Trade Compliance Plans filed by the three Gas Utilities subject to certain minor administrative adjustments. The Board approved the total estimated cost consequences for rate ma...

Posted in: Practice & Procedure | Ratemaking

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OEB Allows Correction of Error From 2011 Rates Proceeding By Fred D. Cass Sep 22, 2017 On September 21, 2017, the Ontario Energy Board issued a decision in which it ordered Natural Resource Gas Limited (NRG) to correct the reference prices used in NRG’s Purchased Gas Transportation Variance Account (PGTVA) for fiscal years 2011 to 2015. NRG records in the PGTVA, on a monthly ...

Posted in: Ratemaking | Ontario

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OEB Releases Final Report on the Treatment of Pension Costs By David Stevens and Dillon Collett Sep 21, 2017 The Ontario Energy Board (OEB) released its Final Report on the Regulatory Treatment of Pension and Other Post-employment Benefits Costs (the Report) on September 14, 2017. The Report establishes the use of the accrual accounting method as the default method that rate-regulated entities must use ...

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