Link to Decision SummarizedRates - Interim Transmission Facility Owner Tariff In this decision, the AUC considered whether to approve the ENMAX Power Corporation (“ENMAX”) October 24, 2019 application (the “Application”) for a 2020 interim transmission facility owner...
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These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.
ATCO Electric Ltd. Transmission Decision on Application for Review of Decision 22393-D02-2019 Hanna Regional Transmission Development Deferral Account (AUC Decision 24754-D01-2019)
Link to Decision SummarizedReview and Variance, Legal Costs In this decision, an AUC review panel considered whether to grant an application (the “Application”) filed by ATCO Electric Ltd. (“ATCO”) requesting a review and variance (“R & V”) of specific findings in...
AltaLink Management Ltd. v. Alberta Utilities Commission (2019 ABCA 482)
Link to Decision SummarizedPublic Utilities Act ss 101 & 102 - No Harm Test In this decision, the Alberta Court of Appeal (“ABCA”) considered the AltaLink Management Ltd. (“AltaLink”) application for permission to appeal (“PTA”) AUC conditions on a transfer of...
Direct Energy Regulated Services 2019 Default Rate Tariff and Regulated Rate Tariff (AUC Decision 24237-D01-2019)
Link to Decision SummarizedDefault Rate Tariff - Regulated Rate Tariff - Revenue Requirement Direct Energy Regulated Services (“DERS”) applied for approval of its 2019 default rate tariff (“DRT”) and regulated rate tariff (“RRT”) revenue requirements and rates. The...
ENMAX Power Corporation Compliance Filing to Decision 23102-D01-2019 (AUC Decision 24761-D01-2019)
Link to Decision SummarizedCompliance Filing - Capital Tracker Treatment of Project Expenditures In this decision the AUC considered the ENMAX Power Corporation (“ENMAX”) application (the “Application”) regarding its compliance with the Commission’s directions issued...
ENMAX Power Corporation 2020 Balancing Pool Allocation Rider (AUC Decision 25009-D01-2019)
Link to Decision SummarizedBalancing Pool Allocation Rate Rider In this decision the AUC considered an application filed on October 21, 2019 by ENMAX Power Corporation (“EPC”) requesting approval of its 2020 Balancing Pool allocation rider. The AUC approved EPC’s 2020...
Canadian Utilities Limited and Genesee Lake Holding Corp. Application for the Sale of Alberta PowerLine Limited Partnership, AUC Decision 24792-D01-2019
Link to Decision SummarizedElectricity - Sale of Interest In this decision, the AUC considered an application by Canadian Utilities Limited (“CUL”) for approval of the sale of its interest in Alberta PowerLine Limited Partnership (“APL”) to Genesee Lake Holding Corp....
ATCO Electric Ltd. 2020 Balancing Pool Adjustment Rider (Rider B), AUC Decision 25013-D01-2019
Link to Decision SummarizedRates - Balancing Pool Adjustment In this decision, the AUC approved ATCO Electric’s 2020 Balancing Pool adjustment rider as filed, effective January 1, 2020.Background and Details of the ApplicationUnder the Electric Utilities Act (“EUA”),...
AUC Strategic Plan 2019-2022 Finalized, AUC November 26, 2019 Announcement
Link to Announcement SummarizedAnnouncement - AUC Strategic Plan The AUC announced that it finalized its three-year strategic plan, which will guide its efforts in the short- to medium-term as Alberta’s independent utilities regulator.The plan marks a new approach for...
Alberta Electric System Operator 2020 Balancing Pool Consumer Allocation Rider F Application, AUC Decision 24982-D01-2019
Link to Decision SummarizedRates - AESO Balancing Pool Consumer Allocation Rider F In this decision, the AUC considered the application by the Alberta Electric System Operator (“AESO”) for its 2020 Balancing Pool consumer allocation Rider F. The AUC approved the...
FortisAlberta Inc. 2018 Annual Transmission Access Charge Deferral Account True-Up, AUC Decision 24729-D01-2019
Link to Decision SummarizedRates - True-Up - Transmission Access Charge In this decision, the AUC considered an application by FortisAlberta Inc. (“Fortis”) requesting approval of its 2018 annual transmission access charge deferral account (“TACDA”) true-up and...
EPCOR Distribution & Transmission Inc. 2018 Annual Transmission Access Charge Deferral Account True-Up, AUC Decision 24816-D01-2019
Link to Decision SummarizedRates - True-Up - Transmission Access Charge In this decision, the AUC considered an application by EPCOR Distribution & Transmission Inc. (“EPCOR”) requesting approval of its 2018 annual transmission access charge deferral account...
EPCOR Distribution & Transmission Inc. 2018 Annual Transmission Access Charge Deferral Account True-Up, AUC Decision 24816-D01-2019
Link to Decision SummarizedRates - True-Up - Transmission Access Charge In this decision, the AUC considered an application by EPCOR Distribution & Transmission Inc. (“EPCOR”) requesting approval of its 2018 annual transmission access charge deferral account...
ENMAX Power Corporation – 2018 Annual Transmission Access Charge Deferral Account True-Up, AUC Decision 24807-D01-2019
Link to Decision SummarizedRates -True-up - Transmission Access Charge In this decision, the AUC considered an application by ENMAX Power Corporation (“ENMAX”) requesting approval of its 2018 annual transmission access charge deferral account (“TACDA”) true-up and...
ATCO Electric Ltd. 2018 Annual Transmission Access Charge Deferral Account True-Up, AUC Decision 24779-D01-2019
Link to Decision SummarizedRates - True-Up Application - Transmission Access Charge In this decision, the AUC considered an application by ATCO Electric Ltd. (“ATCO Electric”) requesting approval of its 2018 annual transmission access charge deferral account (“TACDA”)...
Alberta PowerLine Limited Partnership Decision on Application for Review and Variance of Decision 24277-D01-2019, AUC Decision 24538-D01-2019
Link to Decision SummarizedCode of Conduct - Utility Definition In this decision, the AUC considered whether to grant an application (the “Review Application”) filed by Alberta PowerLine Limited Partnership (“Alberta PowerLine”), requesting a review and variance of...
AltaLink Management Ltd. – 2014-2015 Deferral Accounts Reconciliation Second Compliance Filing, AUC Decision 24919-D01-2019
Link to Decision SummarizedRates - Compliance Filing - Deferral Accounts Reconciliation In this decision, the AUC set out its determinations regarding the application by AltaLink Management Ltd. (“AML”) for its 2014-2015 deferral accounts reconciliation second...
ATCO Electric Ltd. v Alberta (Utilities Commission), 2019 ABCA 417
Link to Decision SummarizedRates - Information Technology Costs In this decision, ATCO Electric Ltd. and ATCO Gas and Pipelines Ltd. (the “Applicants”) sought permission to appeal an AUC decision that allowed only part of the Applicants’ information technology (“IT”)...
FortisAlberta Inc. Compliance Filing to Decision 21785-D01-2018, AUC Decision 23961-D01-2019
Link to Decision SummarizedCompliance Filing - Electrical Distribution System Purchase - Depreciation Component In this decision, the AUC considered whether to approve the depreciation component associated with FortisAlberta Inc. (“Fortis”)’s purchase of the electric...
EPCOR Distribution & Transmission Inc. 2020 Interim Transmission Facility Owner Tariff, AUC Decision 24931-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR’s”) request for a 2020 interim transmission facility owner (“TFO”) tariff. The AUC approved EPCOR’s application. On September 25, 2019, EPCOR...
EPCOR Distribution & Transmission Inc. 2020 Interim Transmission Facility Owner Tariff, AUC Decision 24931-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR’s”) request for a 2020 interim transmission facility owner (“TFO”) tariff. The AUC approved EPCOR’s application. On September 25, 2019, EPCOR...
Regulatory Burden Reduction – AUC Roundtable and Next Steps, AUC Bulletin 2019-18
Link to Bulletin SummarizedBulletin - Regulatory Burden Reduction On October 4, 2019, the AUC held a roundtable with approximately 50 stakeholders to discuss regulatory burden and how future regulatory approaches might reduce or eliminate regulatory requirements.What...
FortisAlberta Inc. – Capital Tracker True-Up for the 2016 and 2017 AESO Contributions Program, AUC Decision 24281-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered FortisAlberta Inc.’s (“Fortis”) 2016 and 2017 capital tracker true-up for its Alberta Electric System Operator (“AESO”) Contributions Program. The AUC determined that:Fortis must review its pro...
Aura Power Renewables Ltd. Empress Solar Power Plant, AUC Decision 23580-D01-2019
Link to Decision SummarizedFacilities - Solar Power Plant In this decision, the AUC considered whether to approve applications (the “Applications”) from Aura Power Renewables Ltd. (“Aura”) to construct and operate a solar power plant and to interconnect the power...
ATCO Electric Ltd. – Z Factor Adjustment for the 2016 Regional Municipality of Wood Buffalo Wildfire, AUC Decision 21609-D01-2019
Link to Decision SummarizedRates - Performance Based Regulation - Z factor - Utility Asset Disposition Decision SummaryIn this decision, the AUC considered an application from ATCO Electric Ltd. (“ATCO Electric”) to recover $15 million through a Z factor rate...
ATCO Electric Ltd. Application for Disposal of 2015-2017 Transmission Deferral Accounts and Annual Filing for Adjustment Balances, AUC Decision 24686-D01-2019
Link to Decision SummarizedRates - Proceeding Participation - Advance Funding In this decision, the AUC considered an application for advance funding by the Consumers’ Coalition of Alberta (“CCA)” (the “Advance Funding Application”) in connection with its...
ATCO Electric Ltd. 2018-2019 Transmission General Tariff Application, AUC Decision 22742-D02-2019
Link to Decision SummarizedRates - General Tariff Application - Retirement of Destroyed Assets In this decision, the AUC considered utility asset disposition and other matters pertaining to the Fort McMurray wildfire, filed as part ATCO Electric Ltd. (“AET”)’s...
AltaLink Management Ltd. 2017-2018 General Tariff Application Negotiated Settlement Agreement Revenue Sharing (AUC Decision 24694-D01-2019)
Link to decision summarizedGeneral Tariff Application - Refund of Cost SavingsIn this decision, the AUC considered an application (the “Application”) by AltaLink Management Ltd. (“AltaLink”) for approval to refund cost savings resulting from AltaLink’s 2017-2018...
ATCO Electric Ltd. Franchise Agreement with the County of Stettler for the Hamlet of Botha (AUC Decision 24865-D01-2019)
Link to decision summarizedElectricity - Franchise Agreement In this decision the AUC considered an application from ATCO Electric Ltd. (“ATCO”) for approval of an electric distribution franchise agreement (“franchise agreement”) with the County of Stettler for the...
ATCO Electric Ltd. Approval of Sale Offering for Palisades Power Plant (AUC Decision 24598-D01-2019)
Link to decision summarizedSale Offering - Power Plant In this decision, the AUC considered an application (the “Application”) by ATCO Electric Ltd. (“ATCO Electric”) requesting approval of the sale offering for the Palisades Power Plant, as required by section 18 of...
Consultation on the Issues of Power Plant Self-Supply and Export (AUC Bulletin 2019-16)
Link to decision bulletinConsultation - Power Plant Self-Supply The AUC concluded that Alberta legislation limits the circumstances under which the owner of a generating unit can consume electricity produced from that unit and export the electricity produced by that...
Canadian Utilities Limited Application for Reorganization of Canadian Utilities Limited (AUC Decision 24716-D01-2019)
Link to decision summarizedGas & Electricity - Application for Corporate Reorganization In this decision, the AUC considered an application (the “Application”) from Canadian Utilities Limited (“CUL”) to complete internal restructuring and reorganization relating...
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module Two (AUC Decision 23571-D02-2019)
Link to decision summarizedApplication - Capital Tracker True-Up - Module Two In this decision (the “Module Two Decision”), the AUC considered an application (the “Application”) filed by EPCOR Distribution & Transmission Inc. (“EPCOR”) on May 17, 2018, requesting...
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module Two (AUC Decision 23571-D02-2019)
Link to decision summarizedApplication - Capital Tracker True-Up - Module Two In this decision (the “Module Two Decision”), the AUC considered an application (the “Application”) filed by EPCOR Distribution & Transmission Inc. (“EPCOR”) on May 17, 2018, requesting...
ATCO Electric Ltd. 2018 Depreciation Application (AUC Decision 24195-D01-2019)
Link to decision summarizedElectricity - Depreciation Application In this decision, the AUC considered a 2018 depreciation application (the “Application”), filed by ATCO Electric Ltd. (“ATCO Electric”) on December 31, 2018, which was supported by a depreciation study...
AltaLink Management Ltd. 2014-2015 Deferral Accounts Reconciliation Compliance with Directions from Decision 22542-D02-2019 (AUC Decision 24329-D01-2019)
Link to decision summarizedDeferral Accounts Reconciliation In this decision, the AUC determined if AltaLink Management Ltd. (“AltaLink”) had complied with the AUC’s directions from Decision 22542-D02-2019. In Decision 22542-D02-2019 the AUC considered an application...
Aura Power Renewables Ltd. Fox Coulee Solar Project (AUC Decision 23951-D01-2019)
Link to decision summarizedSolar Power Plant - Facilities Application In this decision, the AUC considered whether to approve a power plant application (the “Application”) from Aura Power Renewables Ltd. (“Aura”) to construct and operate a 75-megawatt (MW) solar power...
Market Surveillance Administrator Application for Approval of a Settlement Agreement Between the Market Surveillance Administrator and the Balancing Pool (AUC Decision 23828-D01-2019)
Link to decision summarisedNegotiated Settlement - Balancing Pool - Power Purchase Agreement In this decision, the AUC considered the Market Surveillance Administrator (“MSA”)’s August 15, 2018 application (the “Application”) for approval of a settlement agreement...
EQUS REA Ltd. v. Alberta (Utilities Commission), 2019 ABCA 277
Link to decision summarizedELECTRICITY - APPLICATION FOR PERMISSION TO APPEAL DENIED In this decision, the Alberta Court of Appeal (“ABCA”) considered EQUS REA Ltd. (“EQUS”)’s application for permission to appeal AUC Decision 22164-D01-2018 (the “AUC Decision”). The...
ATCO Electric Ltd. 2018-2019 Transmission General Tariff Application (AUC Decision 22742-D01-2019)
Link to decision summarizedElectricity - General Tariff In this decision, the AUC considered ATCO Electric Ltd. (“AET”)’s 2018-2019 transmission general tariff application for the test years 2018 and 2019 (the “Application”).As part of the Application and associated...
Canadian Utilities Limited Application to Dispose of Shares and Transfer Ownership of Hydro Project (AUC Decision 24629-D01-2019)
Link to decision summarizedTransfer of Fossil Fuel-Based Power Generation Business In this decision, the AUC considered whether to approve the following transactions: ATCO Power (2010) Ltd.’s disposition of all of its shares in ATCO Power Canada Ltd. to Heartland...
ENMAX Energy Corporation v Alberta Utilities Commission, 2019 ABCA 222
The ABCA denied the applications for permission to appeal the Invoicing Decision, finding there was nothing it could usefully add or correct. There was no question of law or jurisdiction which required the ABCA’s intervention.
Piikani Transmission Holding Limited Partnership Application to Encumber Assets Pursuant to Sections 101(2)(d)(i) and 102(1) of the Public Utilities Act (AUC Decision 24105-D01-2019)
Pursuant to sections 101(2)(d)(i) and 102(1) of the Public Utilities Act, the AUC approved PTHLP, 1792191 Alberta Corp. and 1656877 Alberta Ltd. to enter into certain credit facilities and to mortgage and encumber property for the purpose of executing the purchase of transmission assets.
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module One (AUC Decision 23571-D01-2019)
In this decision, the AUC directed EPCOR to revise its accounting test for 2017 in a compliance filing.
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module One (AUC Decision 23571-D01-2019)
In this decision, the AUC directed EPCOR to revise its accounting test for 2017 in a compliance filing.
Milner Power Inc. and ATCO Power Ltd. Complaints Regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology (AUC Decision 790-D07-2019)
The AUC found that the AESO complied with the AUC’s direction from Decision 790-D06-2017. The AUC confirmed that although the proposed methodology for the historical period required AUC approval, the related procedure documents in this proceeding did not, because these procedures will likely evolve as necessary to implement the Modified Module B methodology.
The City of Red Deer 2018-2020 Transmission Facility Owner General Tariff Application (AUC Decision 23872-D01-2019)
The AUC found that Red Deer failed to justify its 2018 property tax forecast. Notwithstanding Red Deer’s submission that no form of vacancy rate was attributed to its FTEs over the test periods, the AUC determined that Red Deer did have a history of periods where vacant positions existed.
ENMAX Power Corporation 2017 Capital Tracker True-Up Application (AUC Decision 23694-D01-2019)
The AUC approved the NSA as filed. Accordingly, the resultant 2017 K factors (including placeholder amounts for two projects excluded from the NSA) were approved for inclusion in ENMAX’s performance-based regulation (“PBR”) rates for the 2018-2022 PBR plan period.
Commission-Initiated Proceeding METSCO’s Risk-Based Asset Management Framework for ENMAX and EPCOR (AUC Decision 23102-D01-2019)
The AUC found that ENMAX failed to meet its burden of proof in establishing the prudence of the scope, level, and timing, and the actual costs, for the Proactive Cable Replacement Project and the Overhead Conductor Replacement Project in 2015 and 2016, as required under the project assessment test under Criterion 1. Accordingly, the AUC did not extend capital tracker treatment to ENMAX’s actual 2015 and 2016 costs associated with the PG4-A-4 Proactive Cable Replacement Project and the PG4-A-8 Overhead Conductor Replacement Project. EPCOR did not rely on METSCO’s analysis to support costs associated with any applied for 2016 capital tracker true-up amounts but indicated it would use METSCO’s analysis in its 2017 asset management and capital planning processes.
EPCOR Water Services Inc. E.L. Smith Solar Power Plant (AUC Decision 23418-D01-2019)
The AUC found that approval of the project was in the public interest with regard to the social, economic, and other effects of the project, including its effect on the environment. The AUC found that EPCOR Water’s proposal to provide a portion of the energy produced by the project to the adjacent water treatment plant and to export the excess energy to the AIES was not contemplated by the legislative scheme. However, the AUC approved the interconnection of the power plant on the basis that, as a municipally owned company, EPCOR Water’s intended purpose could be achieved through alternative means contemplated by the legislative scheme.