Download ReportRule 007 - Amendments The AUC announced proposed changes to Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations and Hydro Developments to reflect:(a) Updates for environmental requirements, including...
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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.
V N M Rural Electrification Association Limited Permission to Cease and Discontinue Operations; FortisAlberta Inc. Sale and Transfer of the V N M Distribution System (Decision 20733-D01-2015)
The approved the sale and transfer of the assets, finding it to be in the public interest. The AUC found that the the purchase price to be paid by Fortis for the VNM assets using the replacement cost new less depreciation formula to be prudent and consistent with prior approvals.
ATCO Electric Ltd. Application for Removal of CUL 307 from Isolated Generating Units Inventory (Decision 20634-D01-2015)
Download ReportRemoval of Generating Unit from Inventory - Isolated Generating Units and Customer Choice Regulation ATCO Electric Ltd. (“ATCO”) filed an application with the AUC for approval to dispose of mobile generating unit CUL 307 (“CUL 307”) pursuant to section...
FortisAlberta Inc. 2013-2015 Capital Tracker Compliance Filing (Decision 20351-D01-2015)
Download ReportCapital Tracker Compliance In response to directions from the AUC provided in Decision 3220-D01-2015, FortisAlberta Inc. (“FAI”) requested approval of its 2013-2015 Capital Tracker compliance filing. FAI’s original 2013-2015 Capital Tracker application...
TransAlta Corporation 2013-2014 General Tariff Application Refiling in Respect of Decision 3466-D01-2015 (Decision 20524-D01-2015)
Download ReportGeneral Tariff Application - Refiling TransAlta Corporation, as Manager of the TransAlta Generation Partnership (“TransAlta”) applied for approval of its 2013-2014 general tariff application (“GTA”) refiling pursuant to the directions issued in Decision...
FortisAlberta Inc. v Alberta (Utilities Commission), 2015 ABCA 295
The Court dismissed the Utilities’ appeals of both the Utilties Asset Dispisotion Decision (AUC Decision 2013-417) and the 2011 Generic Cost of Capital Decision (AUC Decision 2011-474).
ENMAX Power Corporation Decision on Request for Review of Decision 3368-D01-2015 regarding 138-2.82L and 138-2.83L Transmission Realignment (Decision 20612-D01-2015)
The AUC dismissed Remington’s application for review.
Alberta Electric System Operator Application regarding Critical Infrastructure Protection Alberta Reliability Standards (Decision 3441-D01-2015)
The AUC approved the Critical Infrastructure Protection Alberta reliability standards related to cyber security to become effective on the dates proposed by the AESO.
Office of the UCA Review and Variance of Decision 2941-D01-2015: Regulated Rate Tariff and Energy Price Setting Plans – Generic Proceeding: Part B – Final Decision (Decision 20419-D01-2015)
The review panel found that the UCA had not raised a reasonable possibility that the hearing panel committed an error of fact, law or jurisdiction that could reasonably lead the Commission to materially vary or rescind its findings in Decision 2941-D01-2015. The review panel found that the grounds for review advanced by the UCA did not satisfy the test set out in Section 6 of Rule 016 and the application for review was denied.
DERS and EPCOR Review and Variance of Decision 2941-D01-2015: Regulated Rate Tariff and Energy Price Setting Plans – Generic Proceeding: Part B – Final Decision (Decision 20416-D01-2015)
The review panel found that DERS and EPCOR had not raised a reasonable possibility that the hearing panel committed an error of fact, law or jurisdiction that could reasonably lead the AUC to materially vary or rescind its findings in Decision 2941-D01-2015. The AUC dismissed the applications for review.
Kingman Application for Permission to Cease and Discontinue Operations; FortisAlberta Inc. Sale and Transfer of the Kingman Rural Electrification Association (Decision 20552-D01-2015)
the AUC determined that the sale of Kingman’s assets to Fortis was in the public interest.
The AUC granted Kingman’s application to cease to operate under section 29 of the HEEA, provided that the facilities are transferred to Fortis. The AUC ordered the transfer of the Kingman service area to Fortis pursuant to section 32 of the HEEA, and further directed Kingman to sell (and Fortis to purchase and operate) Kingman’s assets in accordance with the asset purchase agreement. The AUC found that the purchase price was prudent and consistent with prior approvals.
ATCO Electric Ltd. Application for Approval of 2012 Transmission Deferral Account and Annual Filing for Adjustment Balances Second Refiling (Decision 20580-D01-2015)
As ATCO had complied with all the outstanding directions, the AUC directed ATCO to refund the AESO for the total 2012 annual adjustment amount of $30.816 million in the month of September 2015.
ENMAX Power Corporation 2014 Phase I distribution Tariff Application and 2014-2015 Transmission General Tariff Application Compliance Filing (Decision 20124-D01-2015)
The AUC found that EPC reflected the effects of Decision 2191-D01-2015 in its compliance filing, and therefore complied with Direction 14. The AUC determined that it would exercise its discretion pursuant to section 29(7) of the Alberta Utilities Commission Act to approve the distribution and transmission rates on an interim basis pending the outcome of the appeal proceedings.
Market Surveillance Administrator Allegations Against TransAlta Corporation et al., Mr. Nathan Kaiser and Mr. Scott Connelly Phase 1 (Decision 3110-D01-2015)
Download ReportTrading, Compliance and Outage Allegations In November and December 2010, and February 2011 the Market Surveillance Administrator (“MSA”) alleged that, TransAlta Corporation, TransAlta Energy Marketing Corp. and TransAlta Generation Partnership...
Commission-initiated Review Electric Transmission Access Charge Deferral Accounts –Annual Applications (Decision 3334-D01-2015)
Download ReportAUC Review – Deferral Accounts EPCOR Distribution & Transmission Inc. (“EDTI”), on behalf of ATCO Electric Ltd. (“AE”), ENMAX Power Corporation (“ENMAX”) and FortisAlberta Inc. (“FAI”), (collectively, the “DFOs”) filed a joint application for...
Mr. Yanke and Mr. Huebner Noise Complaints Oldman 2 Wind Farm (Decision 3521-D01-2015)
The AUC found that the Wind Farm was not in compliance with Rule 12, and ordered Mainstream to: (a) Immediately restrict operations of the wind turbines contributing to the non-compliance until otherwise ordered by the AUC; (b) File a letter with the AUC by August 5, 2015 confirming that the operations have been restricted, and detailing the measures taken to achieve compliance with Rule 12; and (c) File a new comprehensive sound level survey at the Yanke and Huebner residences if Mainstream applies to rescind the restricted operating conditions.
2016 Generic Cost of Capital Application for Finalization of 2016 Approved Return on Equity and Capital Structures (Decision 20371-D01-2015)
The AUC determined that without support from the Customers, the Alberta Utilities’ proposal to set the 2016 ROE and capital structures at levels approved in Decision 2191-D01-2015 would not be in the public interest. The AUC therefore opted to initiate a normal course generic cost of capital proceeding for 2016 and 2017.
The City of Red Deer 2015-2017 Transmission Facility Owner General Tariff Application (Decision 3599-D01-2015)
The AUC ordered Red Deer to provide a compliance filing within 60 days of this decision and reconcile the following deferral accounts in its next application: (a) Return on equity; (b) Direct-assign capital; (c) Hearing cost reserve; and (d) Self-insurance reserve.
ATCO Electric Ltd. 2015 Updated Interim Transmission Facility Owner Tariff (Decision 20338-D01-2015)
Download ReportUpdated Transmission Facility Owner Tariff – Interim Basis ATCO Electric Ltd. (“ATCO”) applied for its updated 2015 transmission facility owner (“TFO”) tariff on an interim basis, effective June 1, 2015. ATCO initially applied a revenue requirement for...
EPCOR Energy Alberta GP Inc. Non-energy Regulated Rate Tariff Compliance Filing Application (Decision 3574-D01-2015)
Download ReportCompliance Filing – Non-energy Regulated Rate Tariff Pursuant to the AUC’s directions made in Decision 2014-303 (“Decision 2014-303”), EPCOR Energy Alberta GP Inc. (“EEA”) filed a compliance filing with respect to its 2014-2015 non-energy regulated rate...
Alberta Electric System Operator 2014 ISO Tariff Compliance Filing Pursuant to Decision 2014-242 Module 1 (Decision 3473-D01-2015)
The AUC agreed that the effects of Direction 2 were unanticipated, and held that the proposed plan of action by the AESO, to delay the implementation until the matter can be thoroughly explored, was reasonable, noting the agreement among the parties.
TransAlta MidAmerican Partnership Sundance 7 Power Plant (Decision 3183-D01-2015)
Download ReportFacility Application – Power Plant TransAlta MidAmerican Partnership, a partnership between TransAlta Canadian Gas Development LP and MEHC Canada Genco Limited Partnership (“TAMA Power”) applied for an 856-megawatt (“MW”) combined cycle natural gas and...
Saskatchewan Power Corporation v Alberta (Utilities Commission), (2015 ABCA 183)
Download ReportAppeal Denied - ATC This decision arises from four separate appeals filed by Saskatchewan Power Corporation and its subsidiary Northpoint Energy Solutions (“Saskpower”), British Columbia Hydro and Power Authority and its subsidiary, Powerex Corp. (“BC...
ATCO Electric Ltd. Compliance Filing Pursuant to Decision 2014-283 (Decision 3509-D01-2015)
Download ReportCompliance Filing This decision arises from ATCO Electric Ltd.’s (“ATCO”) application for approval of its proposed disposition of its 2012 Transmission Deferral Account and Annual Filing for Adjustment Balances. In Decision 2014-283, which first dealt...
ENMAX Power Corporation 138-2.82L and 138-2.83L Transmission Realignment (Decision 3368-D01-2015)
Download ReportLine RelocationENMAX Power Corporation’s (“ENMAX”) application to realign transmission lines 138-2.82L and 138-2.83L (the “Lines”) is as a result of Remington Development Corporation’s (“Remington”) decision to terminate its right-of-way agreement with...
Generic Proceeding to Establish Parameters for the Next Generation of Performance-Based Regulation Plans (Bulletin 2015-10)
Download ReportBulletin – Generic Proceeding – Performance-Based Regulation Plans The AUC issued a letter to AltaGas Utilities Inc., ATCO Electric Ltd., ATCO Gas and Pipelines Ltd., ENMAX Power Corporation; EPCOR Distribution & Transmission Inc.; FortisAlberta...
TransAlta Corporation, as Manager of the TransAlta Generation Partnership 2013-2014 General Tariff Application (Decision 3466-D01-2015)
The AUC directed TransAlta to re-file its application on or before June 5, 2015.
Berger v Alberta (Utilities Commission) (2015 ABCA 153)
Rowbotham J.A. held that the Applicants had not raised a serious, arguable point, nor did the applicants demonstrate that the appeal would be meritorious on its face.
ATCO Electric Ltd. Application for Review of Decision 2014-283 (Decision 3523-D01-2015)
Download ReportReview and Variance – Purchase Price ATCO Electric Ltd. (“ATCO”) requested a review of AUC Decision 2014-283 (the “Panel Decision”). In the Panel Decision, the AUC was prepared to approve the purchase price for the Kearl 240-kV line (the “Kearl Line”)...
AltaLink Management Ltd. Application for Exemption Order for Long-Term Debt Applications (Decision 3532-D01-2015)
Download ReportExemption – Public Utilities Act - Long-Term Debt Application AltaLink Management Ltd. (“AltaLink”) applied for an exemption order for long-term debt applications pursuant to Section 101 of the Public Utilities Act (“PUA”) declaring that:(a) Section...
Electric Transmission Project – Process Improvements: Amendments to Rule 007 to Streamline Need and Facility Application Requirements, and the Repeal of Rule 008 (Bulletin 2015-06)
Download ReportBulletin – Rule 007 – Rule 008 – Need – Facility Application The AUC announced the repeal of AUC Rule 008: Rules Respecting Use of Abbreviated Needs Process (“Rule 008”), to be effective April 1, 2015. The AUC also announced a number of changes to AUC...
Summary of Capital Tracker Application Decisions (March 2015)
Download ReportCapital Tracker In March, 2015, the AUC released the following three decisions related to capital tracker applications:(a) Decision 3220-D01-2015 regarding FortisAlberta Inc. (“FAI”) 2013-2015 PBR Capital Tracker Application;(b) Decision 3218-D01-2015...
DERS, ENMAX Energy Corporation and EPCOR Energy Alberta GP Inc. Regulated Rate Tariff and Energy Price Setting Plans – Generic Proceeding: Part B – Final Decision (Decision 2941-D01-2015)
Download ReportGeneric Proceeding - Regulated Rate Tariff – Energy Price Setting Direct Energy Regulated Services (“DERS”), ENMAX Energy Corporation (“EEC”) and EPCOR Energy Alberta GP Inc. (“EEA”) applied for 2014-2018 energy price setting plans (“EPSP”) for their...
ATCO Power Ltd. Decision on Preliminary Question – Application for Review of AUC Decision 2014-242: 2014 ISO Tariff Application and 2013 ISO Tariff Update (Decision 3494-D01-2015)
The AUC dismissed the first and second ground of review, and deferred the third ground of review until such time as the Alberta Court of Appeal renders a decision in respect of AUC Decision 2013-025.
EPCOR Distribution & Transmission Inc. Disposition of Substation Property (Decision 3206-D01-2015)
Download ReportDisposition of Substation Property Application – Outside Ordinary Course of Business – Public Utilities Act EPCOR Distribution & Transmission Inc. (“EDTI”) requested approval to dispose of a distribution substation and property known as Substation...
EPCOR Distribution & Transmission Inc. Disposition of Substation Property (Decision 3206-D01-2015)
Download ReportDisposition of Substation Property Application – Outside Ordinary Course of Business – Public Utilities Act EPCOR Distribution & Transmission Inc. (“EDTI”) requested approval to dispose of a distribution substation and property known as Substation...
EPCOR Distribution & Transmission Inc. 2013-2014 Transmission Facility Owner Tariff Compliance Filing (Decision 3474-D01-2015)
The AUC approved the revenue requirements for 2013 and 2014 as filed, the transmission rates requested, and the proposed TFO terms and conditions as filed.
ATCO Utilities (ATCO Gas, ATCO Pipelines and ATCO Electric Ltd.) Application for Review of AUC Decision 2014-169 (Decision 3372-D01-2015)
The AUC determined that the ATCO Utilities failed to discharge their onus in section 6 of Rule 016.
2013 PBR Capital Tracker True-up and 2014-2015 PBR Capital Tracker Forecast (Decision 3100-D01-2015)
Download ReportCapital Tracker – PBR – K Factor – Revenue Requirement EPCOR Distribution & Transmission Inc. (“EDTI”) requested approval for:(a) Certain capital projects for capital tracker treatment in 2014 and 2015; and(b) The associated revenue requirement for...
EPCOR Energy Alberta GP Inc. 2015 Interim Regulated Rate Tariff (Decision 3461-D01-2015)
The AUC ordered EEA to file an interim price schedule, consistent with the findings in this decision by January 27, 2015.
Milner Power Inc. Complaints regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology; ATCO Power Ltd. Complaint (Decision 790-D02-2015)
Download ReportISO Rule – Complaint – Line Losses – AUC Authority Milner Power Inc. (“Milner”) first filed its complaint with the AUC predecessor, the Alberta Energy and Utilities Board (the “AEUB”), on August 17, 2005 in respect of the Independent System Operator...