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.
Link to Decision Summarized Download Summary in PDF Statutory Appeal – Confidentiality Application The Minister of Environment and Parks ("AEP" or "Crown") appealed a decision of the case management judge ordering the production of eight records ("Disputed...
Link to Decision Summarized Download Summary in PDF Gas – Rates Application ATCO Pipelines (“ATCO”) filed its general rate application (“GRA”) for 2024-2026, seeking AUC approval of the amount of revenue it requires to provide safe and reliable gas transmission...
Link to Decision Summarized Download Summary in PDF PBR-Rates - Gas Application ATCO Gas (“AG”) submitted its 2024 annual performance-based regulation (“PBR”) rate adjustment filing pursuant to the provisions of the third generation PBR (“PBR3”) plan. AG requested...
Link to Decision Summarized Download Summary in PDF Rates – Special Charges Application Apex Utilities Inc. (“AUI”) applied for approval of the 2024 annual performance-based regulation (“PBR”) rate adjustment filed according to the third generation PBR (“PBR3”) plan....
Link to Decision Summarized Download Summary in PDF Administrative Penalty – Extension Application Green Block Mining Corp. (“Green Block”) sought a second extension of the deadline for payment of the outstanding amount of an administrative penalty the AUC ordered in...
Link to Decision Summarized Download Summary in PDF Gas - Facilities Application Inuvialuit Energy Security Project Ltd. (“IESPL”) applied to the Canadian Energy Regulator (“CER”) for approval of the installation and operation of the Inuvialuit Energy Security Project...
Link to Decision Summarized Download Summary in PDF Gas – Tolls Application Enbridge Pipelines Inc. (“Enbridge”) applied for approval of the Mainline Tolling Settlement (the “Settlement”). Decision The Canadian Energy Regulator (“CER”) approved the application, as...
Link to Decision Summarized Gas - Facilities Application Trans Mountain Pipeline ULC (“Trans Mountain”), pursuant to s 190 of the Canadian Energy Regulator Act , submitted an application to vary (“Application”) Schedule A of Certificate of Public Convenience and...
Link to Decision Summarized Rates – Revenue Requirement Application ATCO Pipelines (“AP”) requested approval of the 2024 revenue requirement of $362,852,000 on an interim and refundable basis. Decision The AUC approved AP’s 2024 interim revenue requirement of...
Link to Decision Summarized Gas – Facilities Application PGI Processing ULC (“PGI”) applied for approval to construct and operate a new 33-megawatt cogeneration power plant within the fenceline of the existing Kaybob #3 South Gas Plant (the “K3 Plant”) near Fox Creek,...
Link to Decision Summarized Gas - Facilities Application ATCO Gas and Pipelines Ltd (“ATCO”) applied for approval to construct and operate 1.4 kilometers of new 219.1-millimeter high-pressure natural gas pipeline and related above-ground facilities (the “Project”)...
Link to Decision Summarized Gas - Tolls Application Trans-Northern Pipelines Inc. (“TNPI”) filed an application requesting approval of the Incentive Tolls Settlement Agreement (“ITSA”), including: the framework for establishing TNPI’s revenue requirement and tolls set...
Link to Decision Summarized Gas - Facilities Application Apex Utilities Inc. (“AUI”) applied for approval to install approximately 740 meters (“m”) of new 60.3-millimeter (“mm”) natural gas pipeline (“line 74”) and to split line 18 into lines 18 and 73 (the...
Link to Decision Summarized Gas - Rates Application Apex Utilities Inc. (“AUI”) applied for approval of, inter alia, its 2024 interim performance-based regulation (“PBR”) rate adjustment in accordance with the parameters of the third generation PBR established by the...
Link to Decision Summarized Gas - Rates Application ATCO Gas, a division of ATCO Gas and Pipelines Ltd. (“ATCO Gas”) submitted for approval its third-generation performance-based regulation (“PBR3”) plan compliance filing and 2024 PBR annual rate adjustment...
Link to Decision Summarized Facilities - Approval Requirement Application Enforcement staff of the AUC (“Enforcement Staff”), following an investigation prompted by a noise complaint, filed an application with the AUC alleging that Energy Sustain Service Ltd. (“ESS”)...
Link to Decision Summarized Rates - Transmission Costs Application ATCO Gas, a division of ATCO Gas and Pipelines Ltd. (“ATCO Gas”), requested approval of Rider T, which collects forecast transmission costs based on flow-through rates charged by NOVA Gas Transmission...
Link to Decision Summarized Gas - Facilities Application Apex Utilities Inc. (“AUI”) applied for approval to install the Drumheller High Pressure Pipeline Project, consisting of approximately 1,040 meters (“m”) of new 114.3-millimeter (“mm”) natural gas pipeline as...
Link to Decision Summarized GAS- Rates Application In Decision 27084-D02-2023, the AUC determined the value of each of the base inputs to the formula, except the utility bond spread for the base period (“SPRDbase”). The AUC determined that it would use the average...
Link to Decision Summarized GAS - Rates Application The AUC initiates a mandatory review of cost-of-capital parameters every five years, subject to mid-term reopeners, on its own motion or upon application from interested parties. The cost-of-capital parameters apply...
Link to Decision Summarized Gas - Facilities Application ATCO Gas and Pipelines Ltd. (“AG”) applied for approval to construct and operate the Swanhills Loop Transmission Project, consisting of 4.6 kilometers (“km”) of new 168.3-millimeter (“mm”) high-pressure natural...
Link to Decision Summarized Gas - Facilities Application Trans Mountain Pipeline ULC (“Trans Mountain”) applied for approval of a deviation (“Deviation Application”) to the approved plan, profile and book of reference (“PPBoR”) in respect of certain lands in Segment...
Link to Decision Summarized Natural Gas Liquids - Facilities Application NorthRiver Midstream NEBC Connector GP Inc. (“NorthRiver”), a wholly owned subsidiary of NorthRiver Midstream Inc., applied for authorization to construct and operate the NEBC Connector Project...
Link to Decision Summarized Permission to Appeal – Error of Law Application Michael Judd applied for permission to appeal a decision of the AER, which dismissed a pre-hearing motion brought by Mr. Judd in a regulatory appeal of a pipeline licence (the “Pipeline...
Link to Decision Summarized GAS - Rates Application ATCO Gas (“AG”), a division of ATCO Gas and Pipelines Ltd., applied for approval of its 2023-2024 unaccounted-for gas (“UFG”) Rider D and Rider P, effective November 1, 2023. AG calculated Rider D to increase from...
Link to Decision Summarized Gas – Markets Application The Market Surveillance Administrator (“MSA”) applied for approval of a settlement agreement between the MSA, EPCOR Energy Alberta GP Inc. as general partner of EPCOR Energy Alberta Limited Partnership...
Link to Decision Summarized Gas - Application for Review Application The City of Calgary (“Calgary”) applied for a review and variance of Decision 26616-D01-2023 regarding the ATCO Gas (“AG”) and Apex Utilities Inc. (“Apex”) 2023 cost-of-service applications (the...
Link to Decision Summarized Rules - Applications for Review The AUC proposed amendments to Rule 016: Review of Commission Decisions as part of the ongoing review of its case management procedures and its objective of improving the transparency, clarity and simplicity...
Link to Decision Summarized Electricity/Gas – Rates Application Direct Energy Regulated Services (“DERS”) applied for approval of the 2023 interim rates true-up balances for its default rate tariff (“DRT”) and regulated rate tariff (“RRT”). The interim rates were in...
Link to Decision Summarized Gas - Rates Application Apex Utilities Inc. (“AUI”) applied for approval of its 2023-2024 unaccounted-for gas (“UFG”) Rate Rider E of 1.07 percent and Rate Rider H of 1.09 percent, which represented an increase of 0.05 percent and 0.06...
Link to Decision SummarizedMarkets - EnforcementsApplicationTCB Welding & Construction Ltd. (“TCB”), a customer of ATCO Gas and Pipelines Ltd. (“AGP”), filed a complaint with AUC Enforcement staff (“Enforcement Staff”) concerning a delay in accessing a high-use...
Link to Decision SummarizedFacilities - ConsultationApplicationMojek Resources Inc. (“Mojek”) applied for approval to construct and operate a 96-megawatt natural gas-fired power plant designated as the Gage Bitcoin Mine Power Plant (the “Power Plant”). The application...
Link to Decision SummarizedGas Transportation - Temporary Service Protocol In this decision, the CER considered NGTL’s Application (the “Application”) for approval of amendments to the NGTL Gas Transportation Tariff for the Temporary Service Protocol (“Protocol”). The...
Link to decision summarizedNatural Gas - Franchise Agreement In this decision, the AUC approved an application (the “Application”) made by ATCO Gas and Pipelines Ltd. (“ATCO”) on July 12, 2019, requesting approval of a natural gas franchise agreement (the ”Franchise...
Link to decision summarizedNatural Gas - Toll Settlement In this decision, the NEB considered an application (the “Application”) from Maritimes & Northeast Pipeline Management Ltd. (“M&NP”) pursuant to Part IV of the National Energy Board Act and the Board’s...
Link to decision summarizedRequest for Regulatory Appeal - Gas Over Bitumen - Request Denied In this decision, the AER considered ISH Energy Ltd. (“ISH”)’s request for a regulatory appeal of the AER’s decision to issue Approval 11475X to Canadian Natural Resources...
The AUC found that Clause 5(a)(ii) in the proposed franchise agreement relating to franchise fees was discriminatory and therefore not in the public interest. On that basis, the AUC declined to approve the franchise agreement as filed.
In this decision, the NEB considered Westcoast Energy Inc., carrying on business as Spectra Energy Transmission (“Westcoast”)’s application pursuant to section 58 of the National Energy Board Act (“NEB Act”) and section 43 of the National Energy Board Onshore Pipeline Regulations (“OPR”) for authorization to construct and operate the Spruce Ridge Program (the “Project”). The NEB found that it was in the public interest to approve Westcoast’s application to construct and operate the Project.
In this decision, the NEB considered Nipigon LNG Corporation (“Nipigon”)’s application for orders pursuant to sections 12, 13, 59, and 71 of the National Energy Board Act (“NEB Act”) directing TransCanada PipeLines Limited (“TransCanada”) to provide facilities, and service under just and reasonable terms, to connect and transport gas from the TransCanada Mainline pipeline system (the “TransCanada Mainline”) to Nipigon’s planned liquefied natural gas (“LNG”) project (the “Application”).
The NEB denied the Application.
In this decision, the NEB considered Many Islands Pipe Lines (Canada) Limited (“Many Islands”)’ application for the abandonment of the Renaissance – North Bronson Pipeline and associated facilities (the “Pipeline”).
Pursuant to paragraph 74(1)(d) of the National Energy Board Act (the “NEB Act”), and with consideration of section 50 of the National Energy Board Onshore Pipeline Regulations (the “OPR”), the NEB issued Order ZO-M182-005-2018 (the “Order”), granting Many Islands leave to abandon the Pipeline.
In this decision, the NEB considered Many Islands Pipe Lines (Canada) Limited (“Many Islands”)’ application for the abandonment of the Renaissance – North Bronson Pipeline and associated facilities (the “Pipeline”).
Pursuant to paragraph 74(1)(d) of the National Energy Board Act (the “NEB Act”), and with consideration of section 50 of the National Energy Board Onshore Pipeline Regulations (the “OPR”), the NEB issued Order ZO-M182-005-2018 (the “Order”), granting Many Islands leave to abandon the Pipeline.
In this decision, the AUC considered the second compliance filing for the interim notional 2017 revenue requirement and 2018 base K-bar for the 2018-2022 performance-based regulation (“PBR”) plans for the following Alberta electric and gas distribution utilities:
· AltaGas Utilities Inc.,
· ATCO Electric Ltd. (distribution),
· ATCO Gas and Pipelines Ltd. (distribution),
· ENMAX Power Corporation (distribution) (“ENMAX”),
· EPCOR Distribution & Transmission Inc. (distribution) (“EPCOR”), and
· FortisAlberta Inc. (“Fortis”)
(collectively, the “Distribution Utilities”).
While the AUC accepted the general principles and methodologies utilized by each of the Distribution Utilities for calculating their respective 2018 PBR rates, the AUC did not approve any specific rates in this decision since the directions throughout this and other decisions would result in changes to 2018 rates.
In this decision, the AUC considered applications by ATCO Pipelines, a division of ATCO Gas and Pipelines Ltd. (“ATCO Pipelines”) and the Office of the Utilities Consumer Advocate (“UCA”) for review of Decision 22986-D01-2018 regarding ATCO’s compliance application to Decision 22011-D01-2017, 2017-2018 General Rate Application (“the Decision”).
The Decision addressed a compliance filing from ATCO Pipelines, in Proceeding 22986, in accordance with the findings and directions provided in Decision 22011-D01-2017, in relation to ATCO Pipelines’ 2017-2018 general rate application (the “GRA Decision”).
The AUC granted ATCO Pipelines’ review application. The AUC found that the UCA did not meet the test for review. However, the AUC determined that a review, on its own motion, was warranted in relation to the issue of ATCO Pipelines’ accumulated depreciation balances.
On December 15, 2017, Nova Gas Transmission Ltd. (“NGTL”) applied to the National Energy Board (“NEB”) pursuant to section 58 of the National Energy Board Act (“NEB Act”), for authorization to construct and operate 23 kilometres of new pipeline within Clear Hills County, Alberta to transport sweet natural gas (the “Project”).
The NEB determined that it was in the public interest to approve NGTL’s application to construct and operate the Project.
On 23 March 2018 NOVA Gas Transmission Ltd. (“NGTL”) filed an application for approval of the 2018-2019 Revenue Requirement Settlement (the “Settlement”) and Final 2018 Rates, Tolls, Charges and Abandonment Surcharges for the NGTL System (the “Application”).
The NEB approved the 2018-2019 Settlement, as filed as a package, and the applied-for final 2018 tolls and 2018 abandonment surcharges.
In this decision, the AUC considered ATCO Gas, a division of ATCO Gas and Pipelines Ltd.’s (“ATCO”) application to recover $11.199 million through a Z factor rate adjustment for the costs it incurred as a result of the 2016 Regional Municipality of Wood Buffalo wildfire (the “Wildfire”).
The AUC determined that:
(a) for 2016, all five of the criteria to qualify for a Z factor rate adjustment had been met;
(b) the Wildfire was of a similar nature and magnitude to other nature-related events identified in ATCO Gas’ 2009 depreciation study; and
(c) the Wildfire did not give rise to an extraordinary retirement of the destroyed assets.
Therefore, the depreciation expense associated with the assets that were replaced would continue to be recovered from ratepayers.
The NEB found that there was a need for the facilities described in the Variance Application (the “NMML Facilities”) and that the NMML Facilities were economically feasible.
The Board found that approving NGTL’s existing tolling methodology for the NMML Facilities over the long-term would not result in just and reasonable tolls, due to the lack of adherence to the cost causation principle and goal of economic efficiency.
In this decision, the Federal Court of Appeal (“FCA”) considered an application by Bigstone Cree Nation (“Bigstone”) for judicial review of Order in Council P.C. No. 2016-962 (the “Order”) made by the Governor in Council (the “GIC”) dated October 28, 2016. The Order directed the NEB to issue an environmental assessment decision statement concerning the 2017 Nova Gas Transmission Ltd. (“NGTL”) System Expansion Project in northern Alberta (the “Project”), and to issue the Certificate of Public Convenience and Necessity GC-126 (the “CPCN”) authorizing the construction and operation of the Project.
For the reasons summarized below, the FCA dismissed Bigstone’s application, finding that the Crown had adequately fulfilled its duty to consult and accommodate Bigstone.
In this decision, the AER provided its reasons for denying Bashaw Oil Corp.’s (“Bashaw”) well applications 1842705, 1851246, and 1851250 and Water Act application 001-00400207 (the “Applications”), without prejudice to any future application.
On August 29, 2017, the Commission issued Decision 22011-D01-2017, in which it directed ATCO Pipelines, a division of ATCO Gas and Pipelines Ltd. (“ATCO”) to file a compliance application in accordance with the findings and specific AUC directions set out in Decision 22011-D01-2017.
On January 26, 2017, the NEB Chairperson authorized Board Member L. Mercier to initiate an examination to determine whether an inquiry of the tolling methodologies or tariff provisions of one or more of the Group 1 NEB-regulated natural gas pipeline companies operating in Northeast BC was warranted.