Canadian Energy Perspectives Developments in Energy and Power Law

Category Archives: Ontario Energy Board

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Canadian Energy Perspectives

The Supreme Court clarifies the role and nature of the “prudence” test in Canadian utility regulation

Posted in Ontario Energy Board, Supreme Court

The Supreme Court of Canada recently released its highly anticipated decisions on utility regulation in Ontario Energy Board v. Ontario Power Generation Inc., 2015 SCC 44 (noted as an Appeal to Watch in 2015 here) and ATCO Gas and Pipelines Ltd. v. Alberta (Utilities Commission), 2015 SCC 45 . These regulatory decisions analyzed a utility’s ability to recover operating and capital costs from consumers through rate-setting, and the methodology to be used in approving rate increases.… Continue Reading

The Bill 135 Governance Model: All Roads Lead to the Government

Posted in Electricity, Ontario Energy Board, Ontario Independent Electricity System Operator, Ontario Power Authority

On October 28, 2015, the Government of Ontario tabled Bill 135, that will, if enacted, effectively remove independent electricity planning and procurement authority from the IESO and transmission approval from the OEB.  Both of these types of authority will be transferred to the Minister of Energy.  The Minister will produce long-term energy plans that will be binding on the Ontario Energy Board and the IESO, both of whom must issue implementation plans designed to achieve the objectives of the Government’s plan.  The Government’s new planning authority is broader than the IESO’s.  It includes both bulk system planning (as was in … Continue Reading