Regulatory Insights
RLC remains at the forefront of new developments in Canada’s energy sector to ensure we can act effectively on behalf of our clients and their interests.
These articles cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commission (AUC), and the Canada Energy Regulator (CER). Browse our searchable archives below.
Judd v Alberta Energy Regulator, 2024 ABCA 154
Link to Decision Summarized Download Summary in PDF Appeal – Production of Records Application Michael Judd ("Appellant") appealed a decision by the Alberta Energy Regulator (“AER”) that denied his pre-hearing motion in a regulatory appeal of a pipeline licence issued...
AUC Consultation on Rule 007 and Enhanced Interim Information Requirements, Bulletin 2024-08
Link to Bulletin Summarized Download Summary in PDF Electricity Generation Inquiry – Facility Applications AUC Consultation on Rule 007 All new power plant and energy storage facility applications filed on or after May 2, 2024, must satisfy the existing Rule 007:...
Complaint of Suncor Energy Inc. in Respect of Section 203.1 of the Independent System Operator Rules, Offers and Bids for Energy, Ex.29009-X0002.01 in AUC Proceeding 29009
Link to Notice Summarized Download Summary in PDF Electricity – FEOC Complaint On April 30, 2024, Suncor Energy Inc. (“Suncor”) filed a complaint with the Alberta Utilities Commission (“AUC”), pursuant to ss 25(1)(b)(ii) and (iii) (electricity market participant...
TransAlta Corporation v Alberta (Environment and Parks), 2024 ABCA 127
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...
Market Surveillance Administrator Notice of Investigation of the Alberta Electric System Operator, Ex. 28829-X0060 in AUC Proceeding 28829
Link to Notice Summarized Download Summary in PDF Electricity – Transmission System Performance On April 12, 2024, the Market Surveillance Administrator (“MSA”) filed with the Alberta Utilities Commission (“AUC”), in Proceeding 28829, its notice of investigation...
Alberta Electric System Operator Application for Revised Adjusted Metering Practice Implementation Plan and Related Amendments to Independent System Operator Tariff and Rules, AUC Decision 28441-D02-2024
Link to Decision Summarized Download Summary in PDF Electricity – Rules Application The Alberta Electric System Operator (“AESO”) applied for approval of a revised adjusted metering practice (“AMP”) implementation plan for metering i.e. measuring electric energy that...
WCSB Alberta Limited Partnership v Alberta Utilities Commission, 2022 ABCA 177
Link to Decision SummarizedPermission to Appeal - LawIn this decision, the Alberta Court of Appeal (“ABCA”) considered three related applications for permission to appeal decisions by the AUC under...
Reference re Impact Assessment Act, 2022 ABCA 165
Link to Decision SummarizedReference - Division of PowersIn this decision, the Alberta Court of Appeal (“ABCA”) determined that the Impact Assessment Act (“IAA” or “Act”) and the Physical Activities...
Enel Alberta Wind Inc. Grizzly Bear Creek Wind Power Project, AUC Decision 26677-D01-2022
Link to Decision SummarizedWind Power - FacilitiesIn this decision, the AUC approved the application from Enel Alberta Wind Inc. (“Enel”) to construct and operate the 152.1-megawatt (“MW”) power...
Melcor Developments Ltd., Highview Communities Inc., and Sunset Properties Inc. Complaint Regarding FortisAlberta Inc. Changing Design Standards, AUC Decision 26649-D02-2022
Link to Decision SummarizedElectricity - Discriminatory ServiceThis decision provided the reasons for the AUC’s dismissal of the complaint filed by Melcor Developments Ltd., Highview Communities...
Surety Bonds Oil Sands and Coal Mining Reclamation Security, AER Bulletin 2022-017
Link to Bulletin SummarizedCoal - Mine Financial Security ProgramStarting with the 2022 Mine Financial Security Program (“MFSP”) annual report submissions, the AER will accept surety bonds as...
ENMAX Power Corporation and ENMAX Energy Corporation Amendments to the Code of Conduct Regulation Compliance Plan, AUC Decision 27110-D01-2022
Link to Decision Summarized Code of Conduct Compliance Plan Amendments In this decision, the AUC approved the application from ENMAX Power Corporation and ENMAX Energy Corporation (collectively,...
Monitoring for Snowmelt and Overland Flooding, AER Bulletin 2022-16
Link to Bulletin SummarizedFlood Awareness - Risk MitigationOn April 27, 2022, the AER issued Bulletin 2022-16, stating that the Rocky Mountain snowmelt occurs each year between April and June,...
Increased Risk of Wildfire During Drier Seasons, AER Bulletin 2022-15
Link to Bulletin Summarized Fire Season - Directive 060 In this bulletin, issued on April 26, 2022, the AER noted that the wildfire season in Alberta is from March 1 to October 31. Since the oil and...
New Edition of Directive 020, AER Bulletin 2022-14
Link to Bulletin Summarized Regulatory Requirements - Well Abandonment On April 25, 2022, the AER released a new edition of Directive 020: Well Abandonment. Regulatory requirements unique to this...
Update to Master Schedule of Standards and Conditions, AER Bulletin 2022-13
Link to Bulletin Summarized Application Requirements On April 21, 2022, the AER announced that effective May 5, 2022, the Master Schedule of Standards and Conditions (“MSSC”) would be updated to...
Request for Information Regarding Cryptocurrency Mining Operations Associated With AER-Regulated Activities, AER Bulletin 2022-12
Link to Bulletin Summarized Compliance – Risk Mitigation The AER advised that it is aware of cryptocurrency mining operations running alongside AER-regulated activities. The AER is looking to better...
2079816 Alberta Ltd. Hanna Solar Project, AUC Decision 27178-D01-2022
Link to Decision SummarizedSolar Power - FacilitiesIn this decision, the AUC approved the application from 2079816 Alberta Ltd., as general partner of PACE Canada LP, to construct and operate the...
Orphan Fund Levy for Large Facilities, AER Bulletin 2022-11
Link to Bulletin SummarizedOil and Gas - Orphan WellsIn accordance with Part 11 of the Oil and Gas Conservation Act and Directive 024: Large Facility Liability Management Program (LFP), the AER is...
Orphan Fund Levy – Licensee Liability Rating and Oilfield Waste Liability Programs, AER Bulletin 2022-10
Link to Bulletin SummarizedOil and Gas - Orphan WellsIn accordance with Part 11 of the Oil and Gas Conservation Act, the AER prescribed an orphan fund levy of $72 million to fund the operating...
AER Administration Fees (Industry Levy), AER Bulletin 2022-09
Link to Bulletin SummarizedFacilities - New Fee MethodologyOn April 11, 2022, the AER announced the first set of administration fees calculated under the new methodology authorized by the Government...
Approval of Proposed Amended Section 103.5 of the ISO Rules, AUC Decision 27200-D01-2022
Link to Decision SummarizedISO Rules - Net Settlement InstructionIn this decision, the AUC approved amendments to s. 103.5 of the Independent System Operator (“ISO”) Rules, Net Settlement...
Approval of Sale Bids for Isolated Generating Units Located at the Palisades Power Plant, AUC Decision 27248-D01-2022
Link to Decision SummarizedFacilities - Sale OfferingIn this decision, the AUC granted the application from ATCO Electric Ltd. (“AE”) for approval of the sale bids received for asset packages 2, 3,...
EPCOR Distribution & Transmission Inc. 2022 Customer Specific Distribution Access Service Rate for New Customer CS48, AUC Decision 27187-D01-2022
Link to Decision SummarizedElectricity - RatesIn this decision, the AUC approved a customer specific (“CS”) distribution access service (“DAS”) rate for a new customer (“CS48”) of $73.01 per day,...
EPCOR Distribution & Transmission Inc. 2022 Customer Specific Distribution Access Service Rate for New Customer CS48, AUC Decision 27187-D01-2022
Link to Decision SummarizedElectricity - RatesIn this decision, the AUC approved a customer specific (“CS”) distribution access service (“DAS”) rate for a new customer (“CS48”) of $73.01 per day,...
ATCO Electric Ltd. Decommission and Salvage of the Chipewyan Lake Power Plant, AUC Decision 27247-D01-2022
Link to Decision SummarizedFacilities - SalvageIn this decision, the AUC approved the application from ATCO Electric Ltd. (“AE”) to decommission and salvage the Chipewyan Lake Power Plant (the...
ATCO Gas and Pipelines Ltd. Franchise Agreement Renewal with the Town of Irricana, AUC Decision 27251-D01-2022
Link to Decision SummarizedFranchise Fee - ContinuationIn this decision, the AUC approved the application from ATCO Gas and Pipelines (“AGP”) for approval of a natural gas franchise agreement with...
Alberta Utilities Commission 2023 Generic Cost of Capital, AUC Decision 27084-D01-2022
Link to Decision SummarizedReturn on EquityIn this decision, the AUC approved a return on equity (“ROE”) of 8.5 per cent and a deemed equity ratio of 37 per cent (39 per cent for Apex Utilities...
Applying for Temporary Diversion Licences, AER Bulletin 2022-08
Link to Decision SummarizedWater Act - Application SystemAs of March 30, 2022, Alberta Environment and Parks (“AEP”) no longer uses the Water Act Temporary Diversion Licence Electronic Review System...
New Editions of Directives 055 and 058 and Rescinded Documents, AER Bulletin 2022-07
Link to Bulletin SummarizedWater Storage - Regulatory EfficiencyOn March 28, 2022, the AER released new editions of Directive 055: Storage Requirements for the Upstream Petroleum Industry and...