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Category Archives: Ontario Power Authority

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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
Ontario

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

IESO Releases Addendum to LRP Contract

Posted in Electricity, Energy – Renewable, Alternative and Clean, Independent Producers, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects, Purchase Agreements
Ontario

The IESO has released an addendum to the Large Renewable Procurement I Request for Proposals and Contract.

The amendments to the RFP and the Contract contained in the addenda clarify several matters that had been raised in respect of the LRP program, including:… Continue Reading

Minister of Energy Issues Direction to IESO Regarding FIT Priority Points

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Independent Producers, Ontario Independent Electricity System Operator, Ontario Ministry of Energy, Ontario Power Authority, Power, Project Finance
Ontario

On April 7, 2015, the Minister of Energy issued a direction (the “Direction”) to the Independent Electricity System Operator (the “IESO”) directing it to make certain changes to the Feed-in Tariff (FIT) program, while noting there are no substantial changes to be made to the microFIT program in 2015. The Direction is effective as of April 7, 2015.

The Direction can be viewed here.… Continue Reading

LRP: Update on the Large Renewable Procurement

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Purchase Agreements
Ontario

In response to the high volume of comments received during the Draft LRP I RFP and draft LRP I Contract feedback period, the Independent Electricity System Operator (IESO) has extended the posting date of the final LRP documents to March 3, 2015.

In the meantime, the IESO has released an update document on the IESO website (found here) (the “Update”) which provides Qualified Applicants and interested stakeholders with additional information on some of the proposed changes to the final LRP documents.… Continue Reading

IESO Discusses Feedback and Timeline of Large Renewable Energy Procurement I

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects
Ontario

Yesterday, the Independent Electricity System Operator (IESO) held an ‘industry dialogue’ meeting in Toronto, during which it discussed the feedback and comments it received on the draft contract and request for proposals (RFP) for the Large Renewable Procurement I (LRP).  The IESO shared some of the ‘key issues/common themes’ that it received during the comment period and also revealed that, due to the large number of comments received and to administrative issues related to the recent IESO/OPA merger (see our prior post), the timeline for releasing the final documentation for the LRP would be postponed for at least one … Continue Reading

IESO Discusses Enhancements to the Feed-in-Tariff Program

Posted in Electricity, Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Independent Electricity System Operator, Ontario Power Authority, Power, Procurement, Projects
Ontario

Yesterday, the Independent Electricity System Operator (IESO) held an ‘industry dialogue’ meeting in Toronto, during which it discussed and sought feedback on the upcoming enhancements to the Feed-in-Tariff (FIT) program that were proposed in the discussion paper posted in early December.… Continue Reading

Aboriginal Renewable Energy Fund – LRP Support Funding is Now Available

Posted in Aboriginal, Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Power Authority
Ontario

While most of us were dreaming of winter vacations, the OPA announced changes to the Aboriginal Renewable Energy Fund (“AREF”) on December 19, 2014 to make interim funding available to First Nations and Métis communities for due diligence work required to assess and develop opportunities for participation in the Large Renewable Procurement (“LRP”) program.

The latest program rules, guidelines and other materials have been posted and can be found here.… Continue Reading

OPA and IESO Complete Amalgamation

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

On January 1, 2015, the Ontario Power Authority and the Independent Electricity System Operator completed their amalgamation and began operating as a single entity to operate Ontario’s electricity system.  The official announcement from the IESO can be found here, and more information about the IESO can be found on its website here.

 … Continue Reading

Top Ten Issues For Developers and Lenders Under the Ontario Power Authority Large Renewable Procurement I Contract

Posted in Biomass, Curtailment, Energy – Renewable, Alternative and Clean, Hydroelectric, Ontario Power Authority, Power, Procurement, Projects, Solar, Wind
Ontario

Following our recent blog posting on the release of the Ontario Power Authority (“OPA”) Draft LRP I RFP, LRP I Contract and draft Prescribed Forms released on November 17, 2014 here, we continue the tradition of year-end lists to bring our top ten issues under the draft LRP I Contract (the “Contract”).  … Continue Reading

OPA Draft LRP I RFP, LRP I Contract and draft Prescribed Forms Posted for Review and Comment

Posted in Energy – Renewable, Alternative and Clean, Ontario Power Authority, Procurement

Today, the Ontario Power Authority posted draft versions of the LRP I RFP, LRP I Contract, and Prescribed Forms for review and comment for the Large Renewable Procurement (“LRP I”). Feedback is encouraged and all comments must be submitted by December 19, 2014.  More information is available here.… Continue Reading

LRP I RFQ Qualified Applicant List Posted

Posted in Energy – Renewable, Alternative and Clean, Ontario Power Authority, Procurement
Ontario

In keeping with the previously announced schedule, on November 4, 2014 the Ontario Power Authority announced list of Qualified Applicants under the first phase of the Large Renewable Procurement (“LRP I”).   We will be closely watching for the draft versions of the LRP I RFP and LRP I Contract which are anticipated to be posted later in November.  More information and the LRP I RFQ Qualified Applicant List are available here.… Continue Reading

OPA Updates Price Schedule for FIT/microFIT Programs

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

On September 30, 2014, the Ontario Power Authority (the “OPA”) posted an updated FIT/microFIT price schedule.

The updated price schedule was made pursuant to a directive dated August 29, 2014 from the Ontario Minister of Energy, the Hon. Bob Chiarelli, and is part of an annual review by the OPA of prices offered to generators under the FIT/microFIT programs.

The new price schedule is effective September 30, 2014 for FIT projects (including FIT contracts offered through the extended FIT 3 procurement, but not those FIT contracts offered pursuant to the July 30, 2014 Offer List) and January … Continue Reading

Sunny Days Ahead for 500 FIT 3.0 Applicants

OPA offers 500 renewable energy contracts through FIT 3.0 process and is prepared to make 63 additional offers under the Unconstructed Rooftop Solar Pilot

Posted in Aboriginal, Energy – Renewable, Alternative and Clean, Ontario Power Authority
Ontario

On July 7, the Ontario Power Authority (“OPA”) published a list of 500 renewable energy contract offers under its Feed-in Tariff  3.0 (“FIT 3.0”) Program, which are expected to produce 123.5 megawatts (“MW”) of power.

The list of successful applicants is heavily skewed in favour of solar projects. Of the 500 contract offers, 490 are solar photovoltaic (“PV”) projects, which account for 120.89 MW of the 123.5 MW approved by the OPA. The 10 successful non-solar applicants can be divided into eight bioenergy projects; one wind energy project, and one waterpower project.… Continue Reading

New Procurement Process for Large Renewable Projects

Launch of RFQ Phase

Posted in Energy – Renewable, Alternative and Clean, Ontario Power Authority
Ontario

On July 14, 2014, the Ontario Power Authority (the “OPA”) released final materials for the first request for qualifications (“RFQ”) phase of the Large Renewable Procurement (the “LRP”) process, a new competitive procurement process in Ontario for renewable energy projects generally greater than 500 kW. The OPA intends to use the RFQ phase to qualify applicants for a potential future request for proposal (“RFP”) phase involving up to 565 MW of certain specified procurement targets (300 MW for wind, 140 MW for solar, 75 MW for waterpower, and 50 MW for bioenergy).… Continue Reading

Energy Storage Update

Posted in Energy – Renewable, Alternative and Clean, Ontario Power Authority

It has been a busy month for energy storage in Ontario.

New Contracts Awarded:

Five companies have now been selected to provide energy storage services as part of the Independent Electricity System Operator’s (the “IESO”) 35 MW procurement of renewable energy storage capacity.  They are Canadian Solar Solutions Inc., Convergent Energy and Power LLC, Dimplex North America LTD, Hecate Energy and Hydrogenics Corp.  The IESO’s press release can be found here.

Interestingly, the IESO has explicitly described this round of procurement as a way of testing new storage technologies. This in part explains … Continue Reading

OPA-IESO Merger

Posted in Ontario Power Authority
Ontario

The Government’s plan to merge the Ontario Power Authority (the “OPA”) and the Independent Electricity System Operator (the “IESO”) moved forward with the introduction of the budget bill which includes legislation that would merge the two agencies.  If passed, the Bill would:

  • Merge the two agencies under the name IESO – suggesting more of a takeover than a merger;
  • Transfer all of the OPA’s statutory objectives and powers for planning and procurement to the IESO;
  • Grant the Government a power to make directions to the IESO in the same way as it had to the OPA, such as procurements, etc. 
Continue Reading

CNSC to Appeal Darlington New Build Decision

Canadian Nuclear Safety Commission to Appeal the Recent Federal Court Decision that found Darlington New Build’s Federal Environmental Impact Assessment to be Deficient

Posted in Electricity, Nuclear, Ontario Power Authority
Ontario

We recently wrote about the judicial review application challenging the adequacy of the federal environmental assessment (“EA”) process for the Darlington New Nuclear Power Plant Project (the “Project”).  To recap, the Federal Court found that the EA was deficient for a number of reasons, including that the Joint Review Panel did not adequately consider the issues of long-term management and disposal of used nuclear fuel and the potential of a large-scale nuclear accident. The Canadian Nuclear Safety Commission (“CNSC”) has now announced that it is appealing the Federal Court’s decision regarding the Project.

The CNSC takes the view that the … Continue Reading

Historic Procurement Opportunities – Part II

Scope of the Comprehensive Economic Trade Agreement with Europe Regarding Public Utility Procurement

Posted in BC Hydro, Energy – Conventional, NB Power, Ontario Power Authority, Power, Procurement, Québec Hydro-Québec, Utilities

Our prior instalment considered the changes that the Comprehensive Economic Trade Agreement (“CETA”) will have on procurement by public utilities. We will now look at the extent to which the obligations imposed by CETA on procurements by public utilities will be limited by minimum monetary thresholds and certain special exceptions.

Under all procurement treaties including CETA, only procurements which exceed a certain monetary value are subject to the treaty’s obligations. Under CETA, only those procurements by  a covered public utility that exceed $630,000 will be subject to its requirements.[1] Procurements by utilities below that threshold will not be subject … Continue Reading

Elections, Electricity Contracts and the Limits of Government Power

Party Leaders Should Remember the Tenets of Contract On the Campaign Trail

Posted in Electricity, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

In an unwelcome trend, electricity contracts seem to receive undue attention during Ontario provincial election campaigns.  Most recently, on May 7th Ontario NDP leader, Andrea Horwath, made the vague assertion that an NDP government would “examine hydro contracts” as a means of finding savings for ratepayers. Readers of this blog will be aware that the contracts she proposes to examine are those between the Ontario Power Authority (“OPA”) and independent power producers. … Continue Reading

Ontario Energy Storage: is it Financeable?

A Look at the IESO and OPA Energy Storage Procurement Process

Posted in Energy – Renewable, Alternative and Clean, Ontario Power Authority
Ontario

The Independent Electricity System Operator (the “IESO”) has issued a request for proposal (“RFP”) for the procurement of 35 MW of energy storage services.

This represents the first phase of the two-phased procurement framework proposed by the IESO and the Ontario Power Authority (the “OPA”) in response to the Ministry of Energy’s Long Term Energy Plan (also discussed here and here), which provides for the procuring of 50 MW of energy storage by the end of 2014.  The 15 MW balance of the procurement will be led by the OPA in a second … Continue Reading

New Procurement Process for Large Renewable Projects

Two Important Updates

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Power Authority
Ontario

We recently highlighted some of the anticipated features of the Ontario Power Authority’s (the “OPA”) new Large Renewable Procurement (“LRP”) process, a competitive procurement system for renewable energy projects generally larger than 500 kW. Since then, the OPA has published two new documents which together provide added clarity on the LRP roll-out.… Continue Reading

Historic Procurement Opportunities

Comprehensive Economic Trade Agreement with Europe Dramatically Changes Public Utility Procurement

Posted in BC Hydro, Hydro-One Networks, NB Power, Ontario Power Authority, Power, Procurement, Québec Hydro-Québec

For the first time Canadian “Public Utility Companies” will have their procurement processes, evaluation methodologies and contract awards subject to international disciplines under the Comprehensive Economic Trade Agreement (“CETA”) between Canada and the European Union.  This is a historic change because public utilities, such as Hydro Québec, BC Hydro, the Ontario Power Authority, Toronto Hydro, have previously been exempt from international standards and disciplines.  The North American Free Trade Agreement, World Trade Organization Agreement on Government Procurement and in some cases even the Agreement on Internal Trade exempt utilities from their procurement disciplines. … Continue Reading

New Procurement Process for Large Renewable Energy Projects

An Update

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Ministry of Energy, Ontario Power Authority
Ontario

We recently highlighted some important changes by the Ontario Power Authority (the “OPA”) to Ontario’s renewable energy procurement program for microFIT, Small FIT, Large FIT and Contract Capacity Set-Asides. Perhaps the most significant of these changes originated in an Ontario Ministry of Energy directive, issued on June 12, 2013, which instructed the OPA to replace Large FIT Projects (over 500 kW) with a new competitive procurement process to be developed based on feedback from municipalities, aboriginal communities, industry associations, the general public and other stakeholders.… Continue Reading

Ontario’s Long Term Energy Plan

George Vegh Discusses Ontario’s Long Term Energy Plan on the Agenda with Steve Paikin

Posted in Energy – Conventional, Ontario Power Authority, Policy, Power
Ontario

We are pleased to announce that George Vegh, the head of our energy regulatory practice, was recently invited to discuss Ontario’s new Long Term Energy Plan on the Agenda with Steve Paikin.  You can watch a recording of the program by clicking here.

For other posts on the Long Term Energy Plan please click here and here.… Continue Reading