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.
ATCO Renewables Ltd. Application for an Order Permitting the Sharing of Records Not Available to the Public Regarding the Oldman River Hydro Power Plant, AUC Decision 28760-D01-2024
Link to Decision Summarized Hydro Power - Markets Application ATCO Renewables Ltd. (“ATCO Renewables”) applied pursuant to s 3 of the Fair, Efficient and Open Competition Regulation (“FEOCR”) seeking permission to share records not available to the public regarding...
ATCO Pipelines 2024 Interim Revenue Requirement Application, AUC Decision 28764-D01-2024
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...
PGI Processing ULC Power Plant Application for Kybob #3 South Gas Plant, AUC Decision 28337-D01-2024
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,...
AESO Application for Approval of Proposed Amendments to Section 306.4 of the ISO Rules, AUC Decision 28605-D01-2024
Link to Decision Summarized Electricity - ISO Rules Application The Alberta Electric System Operator (“AESO”) applied for approval of amendments to s 306.4, Transmission Planned Outage Reporting and Coordination of the Independent System Operator (“ISO”) Rules....
Enforcement Staff of the Alberta Utilities Commission Phase 2 Enforcement Proceeding with Salt Box Water Coulee Water Supply Company Ltd. – Denial of Negotiated Settlement Agreement Application, AUC Decision 28021-D02-2024
Link to Decision Summarized Water – Financial Statements Application In Decision 28201-D01-2023, the Alberta Utilities Commission (“AUC”) determined that Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) committed two contraventions: failing to file audited...
Alberta (Utilities Consumer Advocate) v FortisAlberta Inc., 2024 ABCA 12
Link to Decision Summarized Cost of Capital - Permission to Appeal Application The Office of the Utilities Consumer Advocate (“UCA”) sought status as a respondent, or alternatively as an intervener, in the applications filed by FortisAlberta Inc. and Apex Utilities...
Alberta Energy Regulator v. Grant Thornton Limited (2017 ABCA 278)
Download ReportOrphan Wells Association – Stay Application – Doctrine of Precedence In this decision, the Alberta Court of Appeal (“ABCA”) considered an application by the AER and the Orphan Well...
ATCO Pipelines – 2017-2018 General Rate Application (AUC Decision 22011-D01-2017)
Download ReportGeneral Rate Application – Depreciation Study – Urban Pipeline Replacement Program In this decision, the AUC considered ATCO Pipelines (“ATCO”) 2017-2018 revenue requirement...
Tsleil-Waututh Nation v. Canada (Attorney General) (2017 FCA 174)
Download ReportMotion to Intervene – Motion Granted on Terms In this decision, the Federal Court of Appeal (“FCA”) considered a motion by the Attorney General of British Columbia (“British...
Alliance Pipeline Ltd. – Application for Clairmont Meter Station Decommissioning and Reclamation (NEB Abandonment Hearing MHW-003-2017)
Download ReportAbandonment In this letter decision, the NEB considered Alliance Pipeline Ltd.’s (“Alliance”) application for final site decommissioning and reclamation of the Clairmont Meter Station...
ATCO Utilities – Application for Review and Variance of the AUC July 20, 2017 Ruling (AUC Decision 20514-D01-2017)
Download ReportReview and Variance – Interlocutory Decisions – Application for Review In this decision, the AUC considered an application by ATCO Gas and Pipelines Ltd. and ATCO Electric Ltd. the...
Prosper Petroleum Ltd. Rigel Project – Fort McKay First Nation Request for Suspension of Hearing Process
Download ReportRequest for Suspension of Hearing Process – Aboriginal Matters – Notice of Question of Constitutional Law On August 4, 2017, the AER denied the request of the Fort McKay First Nation...
AltaLink Management Ltd. – 2015-2016 General Tariff Application Second Compliance Filing (AUC Decision 22378-D01-2017)
General Tariff Application – Compliance FilingIn this decision, the AUC considered AltaLink Management Ltd.’s (“AltaLink”) compliance with the AUC’s directions set out in:(a) Decision 3524-D01-2016,...
Oldman 2 Wind Farm Limited – Spring 2017 Post-Construction Sound Survey (AUC Decision 22676-D01-2017)
Download ReportPost-construction Sound Survey – AUC Rule 012 In this decision, the AUC considered whether Oldman 2 Wind Farm’s (“Oldman 2”) Spring 2017 Post-Construction Sound Survey at Receptors B,...
ENMAX Power Corporation – 2016-2017 Finalization of Deemed Equity Ratio (AUC Decision 22211-D01-2017)
Download ReportCost of Capital – Deemed Equity Ratio – Fair Return Standard On November 30, 2016, ENMAX Power Corporation (“ENMAX”) filed an application with the Alberta Utilities Commission...
Canadian Natural Resources Limited – Request for Regulatory Appeal by Mike-Ro Farms Ltd.
Download ReportRegulatory Appeal Request – Appeal No. 1884107 – Dismissed In this decision, the AER considered Mike-Ro Farms Ltd.’s (“MRF”) request under section 38 of the Responsible Energy...
Clyde River (Hamlet) v. Petroleum Geo-Services Inc. (2017 SCC 40)
Download ReportCrown Consultation – Reliance on Regulator to Meet Crown Consultation Obligation – Seismic Testing In this decision, a companion decision to Chippewas of the Thames First Nation v....
Chippewas of the Thames First Nation v. Enbridge, Pipelines Inc. (2017 SCC 41)
Download ReportCrown Consultation – Reliance on Regulator to Meet Crown Consultation Obligation – Pipelines Following the NEB’s approval of Enbridge Pipelines Inc. (“Enbridge”) Line 9 modification...
AER Bulletin 2017-13: Changes to Process for Transfer Application Decisions
Download ReportTransfer Applications – Integrated Decision Approach The AER issued Bulletin 2017-13, in which it announced changes to the decision process for transfer applications. The AER stated...
Sawyer v. TransCanada Pipeline Limited (2017 FCA 159)
Decision ReportFederal Work and Undertaking - Section 92(1)(a) – NEB Jurisdiction – Prima Facie Test In this decision, the Federal Court of Appeal (“FCA”) considered an appeal by Mr. Sawyer from an...
ATCO Utilities – 2014-2018 Pension Application (AUC Decision 21831-D01-2017)
Download ReportRates – Pension Costs On July 20, 2016, the ATCO Utilities (consisting of ATCO Gas and Pipelines Ltd. and ATCO Electric Ltd.) (“ATCO”) filed an application with the AUC requesting...
TransCanada PipeLines Limited Application for Approval of Herbert Long Term Fixed Price Service (NEB Decision RH-002-2017)
Download ReportNatural Gas – TransCanada Mainline – Tolls and Tariff On 4 January 2017, TransCanada Pipelines Limited (“TCPL”) filed, under Parts I and IV of the National Energy Board Act (the “NEB...
AER Bulletin 2017-12: Implementation of OneStop for Pipelines Licence Applications
AER Bulletin – Pipelines Licence ApplicationsIn an AER bulletin dated June 26, 2017, the AER announced implementation of a new online process for new pipeline construction applications under the...
Tidewater Midstream and Infrastructure Ltd. Approvals – Regulatory Appeal Request by Partsch
Download ReportRegulatory Appeal Request – Appeal No. 1849417, 1859627, 1879309, etc. – Dismissed In this decision, the AER considered a request for regulatory appeal by Mike and Faye Partsch (the...
Tidewater Midstream and Infrastructure Ltd. Approvals – Regulatory Appeal Request by Sorenson
Download ReportRegulatory Appeal Request – Appeal No. 1849419, 1880296 & 1881743 – Gas Injection and Storage- Dismissed In this decision, the AER considered Heather and Dale Sorenson’s request...
Paul First Nation – Application for Review of AUC Decision 21030-D02-2017 (AUC Decision 22560-D01-2017)
Leave Application – Review of AUC DecisionIn this decision, an AUC review panel considered whether to grant leave to Paul First Nation to file an application for review of Decision 21030-D02-2017...
Power Renewable Energy Corporation – Jenner Wind Power Plant and Interconnection (AUC Decision 21394-D01-2017)
Download ReportWind Power Plant Application –Noise Impact Assessment – Rule 12 – Class C2 Adjustment In this decision, the AUC considered the following applications:(a) facility applications from...
Tsleil-Waututh Nation v Canada (Attorney General) (2017 FCA 128)
Download ReportJudicial Review – Admissibility of Evidence –Canada Evidence Act In this decision, the Federal Court of Appeal (the “FCA”) considered the following two motions:(a) a motion by one of...
Ernst & Young Inc. – Court-appointed Receiver of Spyglass Resources Corp. – Regulatory Appeal Request
Download ReportRegulatory Appeal Request – Appeal No. 1862824 – Receiver in Bankruptcy –Dismissed In this decision, the AER considered Ernst & Young Inc.’s (“E&Y”) request under section 38...
Ernst & Young Inc. – Court-appointed Receiver of Spyglass Resources Corp. – Regulatory Appeal Request
Download ReportRegulatory Appeal Request – Appeal No. 1862824 – Receiver in Bankruptcy –Dismissed In this decision, the AER considered Ernst & Young Inc.’s (“E&Y”) request under section 38...