Link to Bulletin Summarized Bulletin - COVID-19 - Industry Relief On April 9, 2020, the AER announced that Alberta Environment and Parks and Alberta Energy have temporarily suspended a number of reporting requirements that affect Alberta’s energy industry. The AER...
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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.
AUC Bulletin 2020-13 – Interim Changes to AUC Participation Involvement Program and Related Information Requirements
Link to Bulletin SummarizedBulletin – Participation Involvement Program The AUC is implementing steps to mitigate the risk of COVID-19 to protect its stakeholders, its employees, and its work critical to Alberta's essential utility services. As part of these efforts,...
Regulatory Documents Review, AER Bulletin 2020-07
Link to Bulletin SummarizedBulletin - Regulatory Documents Review The AER continually works to improve its regulations and processes to ensure Alberta’s energy resources are developed in a manner that is responsible, safe, and efficient. As part of its contributions...
COVID-19 Announcements and Bulletins
COVID-19 Updates AUC Defers Live Proceedings to Reduce COVID-19 Risk (AUC Bulletin 2020-06)Link to Bulletin SummarizedOn March 12, 2020, the AUC announced that, as part of its response to COVID-19, the AUC would immediately defer all public hearings, consultations or...
AUC Announcement – Carolyn Dahl Rees Appointed to AUC
Link to Announcement SummarizedAUC Appointments Veteran utility and regulatory lawyer Carolyn Dahl Rees is rejoining the AUC as a Commission member. Ms. Dahl Rees was the AUC’s first interim chair at its launch in 2008, and served as a vice-chair with the AUC’s former...
Directive 065 and Manual 012 Updated to Align with Government Policy, AER Bulletin 2020-03
Link to Bulletin SummarizedAER Bulletin On March 11, 2020, the AER released new editions of Directive 065: Resources Applications for Oil and Gas Reservoirs and Manual 012: Energy Development Applications Procedures and Schedules. The AER updated s. 4.1.3 of Directive...
Amendments to AUC Rule 001 to Facilitate Exchange of Confidential Documents, AUC Bulletin 2020-05
Link to Bulletin SummarizedRules of Practice - Confidentiality On February 3, 2020, the AUC approved amendments to Rule 001: Rules of Practice, with an effective date of February 8, 2020. This revision was intended to facilitate a major enhancement to the AUC eFiling...
Clarifying the use of “pristine area” in AUC Rule 012, AUC Bulletin 2020-04
Link to Bulletin SummarizedNoise Control The AUC indicated it is amending subsection 2.6(2) of AUC Rule 012: Noise Control to address an inconsistency in how the phrase “pristine area” is used in Rule 012. The “pristine area” concept is important when determining...
Release date for Enhancement to the eFiling System to Support Confidential Proceedings (AUC Announcement January 13, 2020)
Link to Announcement SummarizedConfidential Proceedings The AUC confirmed the release date of the enhancement to the eFiling System to support the exchange of confidential documents between proceeding participants. The AUC announced the system would be upgraded on...
Bell Canada v. Canada (Attorney General) (2019 SCC 66)
Link to Case SummarizedAdministrative Law - Standard of Review In this case, the same 7-2 majority in Vavilov applied the new standard of review framework to an appeal of a Canadian Radio-television and Telecommunications Commission (“CRTC”) order (the “Order”). ...
Canada (Minister of Citizenship and Immigration) v. Vavilov (2019 SCC 65)
Link to Case SummarizedAdministrative Law - Standard of Review In this case, a 7-2 majority of the Supreme Court of Canada (the “Supreme Court”) revised the rules that govern the standard of review, and provided additional guidance in conducting a reasonableness...
Amendments to AUC Rule 002, Rule 003 and Rule 032 (AUC Bulletin 2019-21)
Link to Bulletin SummarizedAUC Rules On November 22, 2019, the AUC approved amendments to Rule 002: Service Quality and Reliability Performance Monitoring and Reporting for Owners of Electric Distribution Systems and for Gas Distributors, Rule 003: Service Standards...
Review of AER Industry Levy Methodology (Bulletin 2019-33)
Link to Bulletin SummarizedAER Industry Levy The AER is 100 per cent funded by industry, and is undertaking a review of how the administrative fee levied on energy development projects and activities is calculated. It will be soliciting stakeholder feedback to...
Proposed Changes to AUC Rule 007 (AUC Bulletin 2019-19)
Link to Bulletin SummarizedAUC Rules - Consultation In June 2019, the AUC issued Bulletin 2019-10 which initiated a consultation process on potential changes to AUC Rule 007: Applications for Power of Plants, Substations, Transmission Lines, Industrial System...
Enbridge Pipelines Inc. (Enbridge) Mainline Open Season (CER September 27, 2019 Letter Decision)
Link to letter decisionOil - Open Season - Firm Transportation In this decision, the CER considered submissions from Suncor Energy Inc. (“Suncor”), Shell Canada Limited (“Shell”), the Explorers and Producers Association of Canada (“EPAC”), and Canadian Natural...
Westcoast Energy Inc. Applications for Approval of T-South Reliability and Expansion Program (CER Decision GHW-002-2018)
Link to decision summarizedGas Pipeline - Upgrades and Expansion This decision provides reasons of the National Energy Board (“NEB”) under the letterhead of its successor, the CER.In this decision the NEB considered applications filed by Westcoast Energy Inc....
Alberta Electric System Operator – 2018 Independent System Operator Tariff (AUC Decision 22942-D02-2019)
Link to decision summarizedISO Tariff In this decision, the AUC considered whether to approve an application (the “Application”) from the Alberta Electric System Operator (“AESO”) regarding its 2018 Independent System Operator (“ISO”) tariff. The AUC directed the AESO...
New Performance Standards for Processing Facility Applications (AUC Bulletin 2019-15)
Link to decision bulletinFacility Applications - Performance Standards and Timelines - Update The AUC updated its internal performance standards and timelines for processing facility applications. The new standards and timelines replace those set out in Bulletin...
Generic Proceeding to Review Rate Treatment of Distribution System Acquisition Costs Under Performance-Based Regulation (AUC Decision 24405-D01-2019)
Link to decision summarizedRate Treatment Review - Distribution System Acquisition In this decision, the AUC considered the rate treatment of amounts paid by a distribution utility in Alberta for acquiring distribution systems owned by rural electrification...
AltaGas Holdings Inc. Application for Approval to Abandon the Acadia Valley Pipeline and Acadia Valley Tie-ins
Link to Letter DecisionGas - Pipeline Abandonment This is a decision by the National Energy Board (“NEB”), released on the letterhead of the CER.In this decision, the NEB considered an application the (“Application”) from AltaGas Holdings Inc. (“AltaGas”) for leave to...
AER Bulletin 2019-20: Public Land Disposition Applications Moving to OneStop
Bulletin 2019-11 - OneStop Pre-Application Manual On May 16, 2019, the AER issued Bulletin 2019-11: Public Land Disposition Applications Moving to OneStop. The updates were delayed and implemented effective August 22, 2019.The AER indicated that as of August 22, 2019...
AUC Announcement: Alberta Utilities Commission Chair Mark Kolesar Announces Appointment of Commission Member Henry Van Egteren As a Vice-chair
AUC Vice-Chair Appointment - Henry van Egteren The AUC announced that Commission member Henry van Egteren was appointed as a vice-chair. Mr. van Egteren joined the AUC in 2012. He has contributed to decisions in the AUC’s facilities, rates and markets-related...
Tracking Compliance with Certain Directions from Rates Decisions (AUC Bulletin 2019-14)
Bulletin 2019-14 - eFiling System Update To track compliance with directions from facilities and markets decisions, the AUC updated its eFiling system in 2018. On August 1, 2019 the AUC extended the use of this tracking function to track certain directions resulting...
AER Bulletin 2019-19: Directive 050 Updated With New Soil Endpoint and Post-Disposal Sampling Value for Zinc
Directive 050 - New Soil Endpoint and Post-Disposal Sampling Values - Zinc The AER released a new edition of Directive 050: Drilling Waste Management. The zinc endpoint and threshold zinc concentrations were updated to align with the latest edition of the Government...
AUC Bulletin 2019-12: Assessment of Specified Penalties for Self-Reported Contraventions
Contravention of AUC Rules - Specified Penalties On January 1, 2019, Rule 032: Specified Penalties (“Rule 032”) came into effect. Rule 032 established specified penalties for contraventions of select provisions of AUC rules related to customer care and billing issues...
AUC Announcement: Regulatory Burden Stakeholder Consultation
Regulatory - Stakeholder Consultation AUC regulation, as with most forms of regulation, imposes costs on regulated companies. These include the costs of meeting regulatory process requirements and the administrative costs of running the agency, most of which are...
AUC Bulletin 2019-11: Updated Micro-Generation Notice Submission Guideline Released, Forms Changed and Removed From Appendix in Rule 024: Rules Respecting Micro-Generation
Micro-generation - Rule 024 In this bulletin, the AUC announced an update to the AUC’s Micro-Generation Notice Submission Guideline. The revised guideline summarizes the current processes required to obtain approval for micro-generation connection to the grid. The...
AER Bulletin 2019-18: New Working Interest Cost Claim Form
Cost Claims - Working Interest Participants The AER released a new form for submitting cost claims for defaulting working interest participants.Once abandonment or reclamation activities are completed, an active company may submit a claim to the AER for costs incurred...
AER Bulletin 2019-17: 2019/20 AER Administration Fees (Industry Levy)
Administration Fees The AER noted that its 2019/20 budget was not yet approved. As a result, the AER stated that it would issue two sets of administrative fees for 2019/20. The first set of administrative fees would allow the AER to operate until an approved budget...
AER Bulletin 2019-16: National Energy Board Safety Advisory
Monogram Electric Resistance Weld - Potential Hazard On July 3, 2019, the NEB issued safety advisory NEB SA 2019-01 to inform pipeline operators of a potential hazard regarding API 5L Monogram Electric Resistance Weld pipe joints manufactured by Hyundai Steel in their...
AUC Bulletin 2019-09: Interim Information Requirements for Solar and Wind Energy Power Plant Applications
Solar Energy - Wind Energy - Rule 007 In this bulletin, the AUC announced new interim information requirements for wind and solar energy projects. These new information requirements apply to all new wind and solar energy Rule 007: Applications for Power Plants,...
AUC Bulletin 2019-10: AUC Rule 007 – Initiation of a Review and Stakeholder Consultation Process
Rule 007 - Review - Consultation Process In this bulletin, the AUC announced that it had initiated a review of AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations and Hydro Developments (“Rule 007”). The goal of...
AER Bulletin 2019-15: Invitation for Feedback on Draft Requirements for Public Involvement
Link to decision summarizedDraft Directive - Public Involvement - Feedback In this bulletin, the AER announced that it was seeking public feedback on a draft directive setting out industry requirements for engaging and informing members of the public on energy...
AER Bulletin 2019-14: Invitation for Feedback on Revisions to Directive 081
Link to decision summarizedDirective 081 - Feedback In this bulletin, the Alberta Energy Regulator (“AER”) announced that it was seeking public feedback on a new edition of Directive 081: Water Disposal Limits and Reporting Requirements for Thermal In Situ Oil Sands...
Request for Regulatory Appeal by Aqua Terra Water Management Inc. (AER Request for Regulatory Appeal No.: 1916371)
Link to decision summarizedRequest for Regulatory Appeal - Application Closure - Appealable Decision - Dismissed In this decision, the Alberta Energy Regulator (“AER”) considered Aqua Terra Water Management Inc. (“Aqua Terra”)’s request under section 38 of the...
AUC Bulletin 2019-08: Changes to the AUC’s Application Process for Gas Utility Pipeline Applications
Link to decision summarizedRule 020 - Amendments - Gas Utility Pipeline Applications The Alberta Utilities Commission (“AUC”) regulates applications for new gas utility pipelines and for amendments to existing gas utility pipelines under the Alberta Utilities...
AUC Bulletin 2019-07: AUC Rule 033: Post- Approval Monitoring Requirements for Wind and Solar Power Plants
Link to decision summarizedRule 033 - Monitoring - Wind - Solar On June 12, 2019, the Alberta Utilities Commission (“AUC”) approved Rule 033: Standardized Post- Approval Monitoring Requirements for Wind and Solar Power Plants. This rule took effect on July 1, 2019.The...
AUC Bulletin 2019-06: AUC Rule 012: Noise Control – Workshop on Rule 012 Changes
Link to decision summarizedRule 012 - Noise Control The Alberta Utilities Commission (“AUC”) regulates noise associated with electric and gas pipeline facilities. In December 2017, the AUC initiated a consultation process on changes to certain provisions of Rule 012:...
AER Bulletin 2019-13: New Alberta Environment and Parks Surface Water Allocation Directive
Link to decision summarizedWater Licence - Environmental Effects In this bulletin, the AER announced that Alberta Environment and Parks (“AEP”) released the Surface Water Allocation Directive. This directive provides guidance when allocating water from rivers, lakes,...
AltaLink Management Ltd. Application for Review of Decision 22612-D01-2018 (AUC Decision 24240-D01-2019)
The AUC denied the Review Application, based on finding that AltaLink failed to demonstrate that an error of fact, law, or jurisdiction was apparent on the face of the Transmission Asset Decision or the Costs Decision or otherwise existed on a balance of probabilities.
AER Bulletin 2019-12: New Subsurface Order Institutes New Monitoring, Setback, and Response Requirements to Manage the Risk of Induced Seismicity Near the Brazeau Reservoir
Link to decision summarizedHydraulic Fracturing On May 2, 2019, the AER released Subsurface Order No. 6, which established new monitoring, reporting, and setback requirements to manage the potential hazard of induced seismicity from hydraulic fracturing near the...
AER Bulletin 2019-11: Public Land Disposition Applications Moving to OneStop
Link to decision summarizedPublic Land Disposition - OneStop This bulletin announced that as of May 30, 2019, new, amendment, and renewal applications for the following public land disposition types must be submitted through OneStop:mineral surface lease...
AER Bulletin 2019-10: New Manual for Coal Mine Pit Wall Abandonment
Link to decision summarizedCoal Mine Pit Wall Abandonment In this bulletin, the AER announced that on May 8, 2019, it had released Manual 17: Coal Mine Pit Wall Abandonment. The AER confirmed that no regulatory requirements changed as a result.The manual provides...
AUC Announcement: Watch AUC Public Hearing Through Livestream Video
Link to decision summarizedPublic Hearing - Live Stream On April 29, 2019, the AUC started broadcasting video in addition to the audio and exhibit display for oral hearings.In the Calgary and Edmonton hearing rooms, the service shows the hearing room presenters in...
AUC Announcement: Consultation Tool Launched April 22, 2019
Link to decision summarizedAUC Engage The AUC launched a new consultation tool called “AUC Engage” on April 22, 2019. The Engage tool allows participants to log in and participate in discussions regarding AUC rules and potential changes to the requirements and...
AUC Announcement: Listen to Hearings and View Exhibits Online
Link to decision summarizedHearing Webcasts The AUC launched a revision to the live stream broadcasting for hearings. In addition to audio, this revision will visually display exhibits as they are displayed during a hearing.Access to the hearing webinar is available...
AUC Bulletin 2019-04: Errata Decisions to Correct Typographical, Spelling and Calculation Errors
Link to decision summarizedErrata - Corrigenda Section 48.1 of Rule 001: Rules of Practice provides that “[t]he Commission may, without notice, correct typographical, spelling and calculation errors and other similar types of errors made in any of its orders,...
AUC Bulletin 2019-03: Generic Proceeding to Review Rate Treatment of Distribution System Acquisition Costs Under Performance-Based Regulation
Link to decision summarizedPerformance-Based Regulation In this bulletin, the AUC announced an AUC initiated a generic proceeding (Proceeding 24405), to consider and clarify the rate treatment of amounts paid by a regulated distribution utility for the acquisition of...
AER Bulletin 2019-04: Update to Survey Plan Requirements When Applying for a Reclamation Certificate
Link to decision summarizedUpdate - Reclamation Certificates In this bulletin, the AER announced that it updated the Specified Enactment Direction 002: Application Submission Requirements and Guidance for Reclamation Certificates for Well Sites and Associated...
AER Bulletin 2019-02: Update to Disposition Renewal Applications
Link to decision summarizedPublic Lands Act - Forms In this bulletin, the AER announced that effective immediately, disposition renewal applications no longer require a statutory declaration or affidavit.Alberta Environment and Parks revised the Process for the...