Editorial
This year is the 100th anniversary of public utility regulation in Alberta, a milestone that has been marked by various events, publications and presentations. In May, the occasion was reflected in the...
View ArticleSupreme Court of Canada Confirms Generous and Liberal Approach to the...
In Chevron Corp. v Yaiguaje,1 the Supreme Court of Canada confirms that Canadian courts should take a generous and liberal approach to the recognition and enforcement of foreign judgments. Although...
View ArticleBC’s Environmental Appeal Board Overturns Nexen Water Licence on Appeal by...
Overview On September 3, 2015, British Columbia’s Environmental Appeal Board (“EAB”) issued a precedent-setting decision (the “Decision”)1 granting an appeal brought on behalf of the members of the...
View ArticleThe Southern California Gas Decision: the First Distributed Energy Resource...
In today’s world it is rare that a public utility gets any good news. Recently the Alberta Court of Appeal ruled that the cost of stranded assets is for the account of the shareholder not the...
View ArticleATCO Pensions, Ontario Hydro, Prudency, and Reasonableness: a Case Comment on...
I. Introduction Two cases decided by the Supreme Court on September 25th, 2015 paved the way for utility regulators to address utility costs without fear of formalism. The Court clarified that the...
View ArticleSupreme Court of Canada Will Hear “Charter Damages” Case Against Alberta’s...
On April 30, 2015, the Supreme Court of Canada granted leave to appeal to Jessica Ernst in her ongoing claim against the Energy Resources Conservation Board (predecessor to the Alberta Energy...
View ArticleNational Energy Board Procedural Reform – Round 2 Goes to the Regulator
“High court won’t hear challenge The National Energy Board has the right to limit evidence or exclude participants from the Kinder Morgan pipeline hearing, or any other hearing it conducts. That’s the...
View ArticleArbitrations Involving Regulated Utilities
Arbitration is the common dispute resolution procedure in the energy industry. The reasons differ depending on whether it is the upstream sector or the downstream sector. Most of the writing about...
View ArticleThe View from Alberta: Recent Developments in Provincial and Interprovincial...
Introduction In May, 2015 Alberta elected – for the first time in the Province’s history – a New Democratic Party (“NDP”) majority government, replacing over 44 years of Progressive Conservative rule....
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The recent Alberta and federal elections, resulting in a change of political party at both levels of government, are likely to have significant implications for energy policy and regulation in Canada....
View ArticleThe Guide to Energy Arbitrations
In his Preface to The Guide to Energy Arbitrations, William Rowley QC notes that “if a single industry can lay claim to parental responsibility for the present universality of international arbitration...
View ArticlePole Attachment Charges – Ontario Energy Board Initiates a Comprehensive Review
The Ontario Energy Board (“OEB”) has commenced a process to determine the approach to be used to set wireline pole attachment fees across Ontario.2 In a November 2015 letter, the OEB initiated a...
View ArticleAlberta Utility Asset Disposition (UAD) – Court of Appeal Upholds Commission...
1. Introduction The last quarter of 2015 was a busy one in respect of judicial activity of interest to Alberta utilities: a decision by the Alberta Court of Appeal (ABCA); two decisions by the Supreme...
View ArticleMarket Manipulation in Alberta: TransAlta Pays $56 Million
On July 27, 2015 the Alberta Utilities Commission released the first contested Canadian decision involving energy market manipulation. The 217 page decision1 followed a three year investigation and a...
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The Supreme Court Saves Demand Response: Now What?
The U.S. Supreme Court has upheld FERC’s Order 745.1 That order requires operators of wholesale energy markets to treat demand side bids comparably to generation bids. Comparable treatment requires...
View Article2015 Developments in Administrative Law Relevant to Energy Law and Regulation
Introduction 2015 was a banner year for the judicial elaboration of principles of Administrative Law in Energy Law and Regulation settings. A number of these developments have been discussed already in...
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The New Industry Dynamics Six factors currently drive the energy sector in Canada at the national level: the drop in the price of oil; pipeline delays; the increase in shale gas; the increase in the...
View ArticleThe Washington Report
Energy regulatory developments in the United States impact numerous sectors of the energy industry and address a wide swath of issues. We reported on key federal and state energy regulatory...
View ArticleMaryland’s Supreme Court Loss: A Win for Consumers, Competition and States
Due to generation shortages in transmission-constrained areas, PJM capacity auctions were producing high wholesale prices in Maryland. The Maryland Commission designed a three-part solution: (1) Select...
View ArticleThe Supreme Court of Canada Grants Leave in Two Cases Involving the National...
On March 10, 2016 a panel of the Supreme Court of Canada comprising Chief Justice McLachlin, and Justices Moldaver and Gascon granted leave (with costs in the cause) in Chippewas of the Thames First...
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