This case comment considers two decisions. The first is the Alberta Court of Appeal’s decision in Fort McKay First Nation v Prosper Petroleum Ltd,[1] issued April 24, 2020, finding that the Alberta Energy Regulator (AER) improperly failed to consider the honour of the Crown separate from the duty to consult on Prosper’s Rigel Oil Sands Project[…]
In June 2020, the Court of Appeal of Manitoba released its decision in Manitoba (Hydro-Electric Board) v Manitoba (Public Utilities Board)[1] and overturned a utility board directive creating a special rate class for on-reserve First Nations in Manitoba[…]
On May 20, 2020, the Commission of the Canada Energy Regulator (CER) denied an application by NOVA Gas Transmission Ltd. (NGTL) for leave to abandon facilities that are part of NGTL’s extensive system of pipeline and facilities in Alberta and British Columbia[…]
In this decision, the Canada Energy Regulator (CER) considered an application (the “Application”) from Nova Gas Transmission Ltd. (NGTL) for approval of a new rate design methodology and terms and conditions of service for the NGTL System[…]
In legislative committee hearings that were part of the fallout from Ontario’s 2010 gas plant scandal, one of the more charged — some might say naïve — observations was offered by an expert witness who, when asked for his opinion on remedying Ontario’s continuing electricity woes, recommended that politicians “swear a blood oath to not meddle in electricity policy.”
In its December 19, 2019 decision in Toronto Hydro’s “Custom IR” rate application, the Ontario Energy Board (“OEB”) ruled that utilities wishing to include behind-the-meter storage in their regulated operations should seek policy changes in the OEB’s ongoing Distributed Energy Resources (DER) consultation.
Canada and its provinces are once again going through growing pains that necessitate final resolution by the Supreme Court of Canada. The subject matter is climate change regulation and the federal government’s constitutional authority to set minimum standards for provincial carbon pricing through its Greenhouse Gas Pollution Pricing Act (the Act)[…]
State commissions are seeing more filings: rate cases, requests for pre-approvals, corporate restructurings. Commissions also are instigating proceedings themselves: carbon reduction options, transmission construction, and renewable energy. Staff sizes are dropping due to retirements and hiring freezes[…]