Canadian Energy Perspectives Developments in Energy and Power Law

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Compliance with Flexibility: Ontario Releases Regulatory Proposal for Offset Credits under Cap-and-Trade Program

Posted in Climate Change, Emissions Regulation, Emissions Trading
Ontario

As Ontario puts the finishing touches on its cap-and-trade program, which will commence on January 1, 2017, the Ministry of Environment and Climate Change (MOECC) has released its Compliance Offset Credits Regulatory Proposal (the Regulatory Proposal) for a 45-day public comment period that will end on December 30, 2016.  Under the cap-and-trade program, capped facilities will be required to either reduce their greenhouse gas (GHG) emissions or meet their compliance obligations through other regulatory tools, including the use of offset credits. As a compliance mechanism, offset credits provide emitters with greater flexibility and potentially lower cost options to meet their … Continue Reading

Large Renewable Procurement II – Final LRP II RFQ Materials Posted

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

On July 29, 2016, the IESO posted the final materials for the Large Renewal Project II (“LRP II”) Request for Qualifications (“RFQ”). Draft materials were posted on June 27, 2016 and the IESO solicited feedback from potential applicants and industry groups. As a result of this consultation, minor changes were included in the final materials for the LRP II RFQ.

As previously noted in detail in our post on July 15, 2016, the two major changes to the LRP II RFQ process are the introduction of the simplified process for LRP I Qualified Applicants (“… Continue Reading

Large Renewable Procurement II – IESO Webinar re: Upgrades of Existing Facilities

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

On July 21, 2016, the IESO hosted a discussion on the portion of the Large Renewable Procurement II (“LRP II”) process pertaining to technological upgrades and optimization of existing renewable facilities. This discussion provided potential applicants with an opportunity to provide comments and feedback to the IESO as to the types of technologies that should be included in the LRP II process, procurement considerations for such technologies and contractual considerations.

Prescribed Form – Technical Upgrades and Optimization

The Prescribed Form for Technical Upgrades and Optimization is required for applicants submitting an RFQ for a technological upgrade and optimization … Continue Reading

Large Renewable Procurement II – IESO Webinar and Process Updates

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

As previously noted, the IESO is currently developing the Large Renewable Procurement II (“LRP II”) process. Consistent with LRP I, the LRP II process will involve two phases: a Request for Qualifications (“LRP II RFQ”) and a Request for Proposals.

On July 13, 2016, the IESO hosted a webinar to provide an overview of the LRP II RFQ process and the changes it has introduced following the feedback received on the LRP I RFQ process. The IESO indicated that the LRP II RFQ process is substantively similar to the LRP I RFQ process. Two key topics … Continue Reading

What Every Stakeholder Needs to Know About Lobbyist Registration

Posted in Energy – Conventional, Energy – Renewable, Alternative and Clean, Federal
AlbertaBritish ColumbiaOntarioQuébec

The following article published in our firm’s newsletter could be of interest to many readers active in the energy industry across Canada. It discusses the applicable rules for lobbyist registration in Ontario, Ontario municipalities, Québec, British Columbia, Alberta and at the federal level.… Continue Reading

Ontario Energy Agency Could Correct Province’s Past Policy Mistakes

Posted in Climate Change, Emissions Regulation, Ontario Ministry of Environment
Ontario

The Ontario government’s proposed creation of an agency with a mandate to reduce carbon emissions by buying offsets, funding cleaner factories and buildings, and co-ordinating rooftop solar and energy conservation has been met with skepticism, particularly in light of the province’s experience with energy agencies.   However, there is also reason for optimism.  Read the whole article here.… Continue Reading

Ontario Court of Appeal rules OEFC changes to calculation of price adjustment index breach the terms of power purchase agreement

Posted in Electricity, Independent Producers, Power, Purchase Agreements
Ontario

On April 19, 2016, the Ontario Court of Appeal released its decision in Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation. The decision concerned a dispute between several non-utility generators (“NUGs”) and the Ontario Electricity Financial Corporation (“OEFC”) over changes to a price adjustment index contained within the long-term contracts for the purchase of electricity generated by the NUGs.

This change affected a component portion of a measure known as Total Market Costs (“TMC”), which measure was used to derive the price adjustment index. At the heart of the dispute was an … Continue Reading

Court Dismisses Appeal Related to the Darlington Nuclear Refurbishment

Posted in Energy – Conventional, Nuclear, Projects
Ontario

On April 13, 2015, the Federal Court of Appeal dismissed the appeal related to the environmental assessment (“EA”) for the refurbishment and continued operation of the Darlington Nuclear Generating Facility (the “Project”). The appeal was from the Federal Court’s earlier decision dismissing a judicial review application related to the EA for the Project.… Continue Reading

Phase I of Ontario’s Large Renewable Procurement Process Concluded

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

The Independent Electricity Systems Provider (IESO) has announced that the 16 contracts offered on March 10, 2016 for Phase I of the Large Renewable Procurement process (LRP I) have now been signed and executed. The execution of the contracts concludes the LRP I process. Moving forward, contracted projects will be required to obtain all necessary licenses and approvals before they can be constructed and operated. These processes are separate from the IESO’s procurement activities and will involve additional community engagement.… Continue Reading

Ontario Launches Phase II of the Large Renewable Procurement Process

Posted in Electricity, Energy – Renewable, Alternative and Clean, Ontario Independent Electricity System Operator, Ontario Ministry of Energy, Power, Procurement, Project Finance
Ontario

The Ontario Ministry of Energy has announced the launch of the second phase of the Large Renewable Procurement (LRP) process (LRP II). The LRP is a competitive bid process for procuring large renewable energy projects in Ontario larger than 500 kilowatts.… Continue Reading

LRP I Results

Posted in Community Projects, Ontario Independent Electricity System Operator, Power, Procurement, Project Finance, Projects
Ontario

Today, the Independent Electricity Systems Operator (IESO) announced the results of the Large Renewable Procurement (LRP) I program. The LRP is a competitive bid process for procuring large renewable energy projects in Ontario generally larger than 500 kilowatts.

In response to 103 proposals received, the IESO offered 16 contracts representing 454.885 megawatts (MW) of renewable energy capacity. Of the successful proposals, 13 projects representing 336.8 MW include participation from one or more Aboriginal communities, including 5 projects with greater than 50% participation. More than 75% of the awarded proposals had received support from local municipalities with more than 60% support … Continue Reading

ERT Allows Another Appeal of a Wind Farm Approval

Posted in Energy – Renewable, Alternative and Clean, Renewable Energy Approval, Wind
Ontario

The Environmental Review Tribunal (“ERT” or “Tribunal”) has granted an appeal of a Renewable Energy Approval (“REA”) issued to wpd White Pines Wind Incorporated for its 27 turbine White Pines Wind Project in Prince Edward County (see case 15-068 Hirsch V. Ontario (MOECC) dated February 26, 2016). The ERT concluded the project would cause serious and irreversible harm to two species at risk, the Little Brown Bat and the Blanding’s Turtle. While this is the third REA appeal granted by the ERT, it is the first time that it has found a wind project would cause serious and irreversible harm … Continue Reading

Learning from Mistakes: Improving Governance in the Ontario Electricity Sector

Posted in Electricity, Power
Ontario

Over the last 10 years, the government has directed the expenditure of billions of dollars of public money on electricity projects with virtually no oversight or checks and balances. During this time, Ontario consumers have seen a large increase in electricity prices, with more to come.

In response to concerns about the rising cost of electricity and poor governance, the Ontario government has touted its proposed Bill 135 as the solution. However, far from solving the concerns about electricity-sector governance, the proposed Bill entrenches and expands the status quo and provides no role for oversight of government electricity directives.

The Continue Reading

Ontario’s Amended GHG Reporting Regulation Now in Force

Posted in Climate Change, Emissions Regulation, Emissions Trading
Ontario

As we reported in our earlier blog last fall, Ontario’s Ministry of the Environment and Climate Change (MOECC) proposed certain amendments to the Greenhouse Gas Emissions Reporting Regulation (O. Reg. 452/09) (the Regulation) in preparation for the introduction of a cap-and-trade system in the province. In December 2015, the MOECC filed amendments to the Regulation that came into force on January 1, 2016. An amended Guideline for Greenhouse Gas Emissions Reporting was published at the same time.… Continue Reading

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

Posted in Ontario Energy Board, Supreme Court
Ontario

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

A More Detailed Look: Proposed Options for Ontario’s Cap-and-Trade Program

Posted in Climate Change, Climate Policy, Emissions Regulation, Emissions Trading
Ontario

As noted in our earlier posting, the Ontario government announced in April 2015 that it would implement a cap and trade program that would eventually be linked with the existing cap and trade systems in Québec and California.  Following extensive public consultations over the summer, Ontario has released its Cap and Trade Program Design Options paper, which is open for public comment until December 16, 2015. As part of the current consultation process, the Ontario government is seeking input on various elements of the program design including timing, scope of the program, caps on greenhouse gas emissions, allowance distribution, … Continue Reading

On the heels of Cap & Trade Consultation Paper, Ontario releases Climate Change Strategy

Posted in Climate Change, Climate Policy, Emissions Regulation
Ontario

Ontario’s climate change policy continues to evolve. In February 2015, Ontario released a Climate Change Discussion Paper to help frame the issues for public consultation and in April 2015, it was announced that Ontario would implement a cap and trade program that would link to the existing cap and trade systems in Québec and California.

On the heels of the release of its recent Cap and Trade Program Design Options consultation paper, the Ontario government introduced the province’s Climate Change Strategy on November 24, 2015. The strategy, which is what Ontario will present to the world at the international climate … 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
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

Ontario Proposes Amendments to Greenhouse Gas Reporting Regulation

Posted in Ontario Ministry of Environment
Ontario

In preparation for the introduction of its cap-and-trade system, Ontario’s Ministry of the Environment and Climate Change (MOECC) is seeking comments on proposed amendments to the Greenhouse Gas Emissions Reporting Regulation (O. Reg. 452/09) (the “Regulation”). Currently, the Regulation requires certain facilities (as identified under the Regulation) emitting 25,000 tonnes or more of carbon dioxide equivalent (“CO2e”) per year to report and verify their emissions data.… Continue Reading

Federal Court of Appeal Ruling Restores Panel Decision on Darlington Nuclear New Build

Posted in Nuclear
Ontario

As we previously wrote here and here, in a 2014 judicial review application, the Federal Court found that the environmental assessment (“EA”) process for the Darlington New Nuclear Power Plant Project (the “Project”) conducted by the Joint Review Panel (the “Panel”) contained a number of deficiencies. The Federal Court allowed the judicial review application and directed that the EA report be returned to the Panel for further consideration of certain issues, including those related to disposal of nuclear waste and severe nuclear accidents. The Federal Court’s decision was subsequently appealed by Ontario Power … 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

Ontario Introduces Cap & Trade System

Posted in Climate Change, Climate Policy, Emissions Regulation, Emissions Trading
Ontario

On April 13, 2015, Premier Kathleen Wynne announced that Ontario would implement a cap and trade system aimed at reducing greenhouse gas emissions in the province. Ontario has committed to imposing a hard cap on pollution for each sector of the economy.

A cap and trade system, in general, places a limit on the amount of greenhouse gas emissions that may be produced in a specified time frame. As time progresses, this limit is reduced as per previously established guidelines. Businesses must hold enough emission allowances in order to equal their actual greenhouse gas emissions. If a business does not … 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