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.
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...
ATCO Gas and Pipelines Ltd Cloverbar Hydrogen Lateral Transmission Pipeline Project, AUC Decision 28555-D01-2024
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”)...
2171802 Alberta Ltd. Bull Pound Solar Project Termination of Community Generation Designation, AUC Decision 28703-D01-2024
Link to Decision Summarized Solar Power – Generation Program Cancellation Application 2171802 Alberta Ltd., operating as Bull Pound Solar Partners (“BPSP”), requested that the AUC rescind the community generating unit designation for the 15-megawatt (“MW”) Bull Pound...
Complaint by Mr. Baux Regarding Metered Service Horse Creek Water Services Inc. (Decision 22318-D01-2017)
Download ReportComplaint – Terms & Conditions – Water Meter Costs Complaint ApplicationIn the complaint application, Mr. Baux submitted that Decision 2011-061 did not stipulate that pre-existing...
Letter Decision Approving AltaGas Application to Abandon the John Lake Pipelines (NEB Hearing MHW-003-2016)
Pipeline – AbandonmentAltaGas Holdings Inc. on behalf of AltaGas Pipeline Partnership (“AltaGas”) applied to the NEB (the “Application”) requesting leave to abandon the John Lake Pipelines.In its...
Decision Dismissing J. Winchester’s Request for Regulatory Appeal of Petrus Resources Corp. Licences
Download ReportRegulatory Appeal Request - Denied In this decision, the AER considered Mr. Winchester’s request under section 38 of the Responsible Energy Development Act (“REDA”) for a regulatory...
Bulletin 2017-06: Release of Directive 084: Requirements for Hydrocarbon Emission Controls and Gas Conservation in the Peace River Area
084: Requirements for Hydrocarbon Emission Controls and Gas Conservation in the Peace River Area (“Directive 084”).The AER states that the new directive is intended to address odour and emissions...
ATCO Gas and Pipelines Ltd. (South)West Calgary Connector Pipelines Project (Decision 21591-D01-2017)
Download ReportPipelines – ATCO Gas and Pipelines Ltd. - Urban Pipeline Replacement Project In this decision, the AUC considered ATCO Gas and Pipelines Ltd. (South) (“ATCO”)’s application (the...
Alberta PowerLine General Partner Ltd. Fort McMurray West 500-Kilovolt Transmission Project (Decision 21030-D02-2017)
Download ReportTransmission Line – Aboriginal Consultation – AUC Jurisdiction re Adequacy of Crown ConsultationIn this decision, the AUC considered Alberta PowerLine Ltd.’s (“APL”) applications to...
Kainaiwa/Blood Tribe v. Alberta (2017 ABQB 107)
Download ReportAboriginal Treaty Rights – Judicial Review - Mandamus In this decision, the ABQB considered the Blood Indian Band’s (the “Band”) application to the ABQB seeking:1. A mandamus order...
Bulletin 2017-04 re First 2017/18 Orphan Fund Levy
In this Bulletin, the AER announced that it is prescribing an orphan fund levy in the amount of $15 million.The Orphan Well Association (“OWA”), Canadian Association of Petroleum Producers (“CAPP”),...
AUC Bulletin 2019-02: Amended AUC Rule 030: Compliance with the Code of Conduct Regulation
Link to decision summarizedCode of Conduct Regulation - Amendment In this bulletin, the AUC announced its approval of an amended Rule 030: Compliance with the Code of Conduct Regulation. The amended...
AER Bulletin 2017-03: Change to Submission of Emergency Response Plans under Directive 071: Emergency Preparedness and Response Requirements for the Petroleum Industry Feb 02, 2017
In this Bulletin, the AER announced it is changing the process for filing emergency response plans (“ERPs”). Effective February 2, 2017, ERPs are to be submitted electronically, through the AER’s...
Bokenfohr v Pembina Pipeline Corp. (2017 ABCA 40)
Download ReportLeave to Appeal – Delegated Authority – Uncertain Decision – Procedural Fairness AER Pipeline Approval DecisionPembina Pipeline Corp. (“Pembina”) applied to the AER for permits to...
ENMAX Energy Corporation 2016-2018 Energy Price Setting Plan (AUC Decision 20448-D01-2017)
Download ReportElectricity Distribution – Rates – Regulated Rate Option – Energy Price Setting Plan Corporation (“ENMAX”)’s application (the “Application”) requesting the AUC approve its proposed...
FortisAlberta Inc. 2015 PBR Capital Tracker True-Up (Decision 21538-D01-2017)
Download ReportRates – Performance Based Regulation– Capital Tracker True-up Application In this decision, the AUC considered FortisAlberta Inc.’s (“Fortis”) 2015 capital tracker true-up...
Bonavista Energy Corporation: Regulatory Appeal of Well Licences and an Application for a Pipeline, 2017 ABAER 001
Download ReportRegulatory Appeal – Natural Gas Facilities – Pipeline Application BackgroundOn June 8, 2015, Bonavista Energy Corporation (“BEC”) submitted to the AER nonroutine applications for two...
Reasons for Decision: ITC Lake Erie International Power Line (NEB Decision EH-001-2015)
Download ReportElectricity Transmission Line – International Power Line In this NEB decision, the NEB found that the Lake Erie Connector international power line project (the “Project”) to be in the...
Goodhart v Alberta Energy Regulator, 2017 ABCA 22
Download ReportApplication for Extension of Time to Appeal – Application Denied – AER Does not Owe Private Duty of Care In Goodhart v Alberta Energy Regulator, the ABCA considered Mr. Goodhart’s...
Reasons for Decision: Enbridge Pipelines Inc. – Line 10 Westover Segment Replacement Project (OH-001-2016)
Download ReportFacilities Application – Pipelines The Proposed ProjectOn 4 December 2015, Enbridge Pipelines Inc. (“Enbridge”) filed an application (the “Application”) with the NEB seeking approval...
Ernst v Alberta Energy Regulator, 2017 SCC 1
Download ReportAlberta Energy Regulator – Statutory Immunity for Administrative Decision Making Bodies – Availability of Charter Remedies Against Regulatory Bodies In Ernst v Alberta Energy...
2018-2022 PBR Plans for Alberta Electric and Gas Distribution Utilities (AUC Decision 20414-D01-2016)
Download ReportRates – Performance Based Regulation (PBR) – Electricity/Gas Distribution – Next Generation PBR - Parameters In Decision 20414-D01-2016 (the “2016 PBR Decision”), the AUC determined...
Request for Regulatory Stay of Petrus Resources Corp. Licences (AER Appeal No. 1872471 & 1872809)
Download ReportRequest for Stay of Licences – Stay Denied On December 16, 2016, the AER issued two decisions denying separate requests from John Winchester and Wayne Greene, requesting the AER stay...
Request for Regulatory Stay of Petrus Resources Corp. Licences (AER Appeal No. 1872471 & 1872809)
Download ReportRequest for Stay of Licences – Stay Denied On December 16, 2016, the AER issued two decisions denying separate requests from John Winchester and Wayne Greene, requesting the AER stay...
Fort McMurray Metis, Local 1935 v. Alberta (Minister of Aboriginal Relations), 2016 ABQB 712
Download ReportAboriginal Rights – Aboriginal Consultation Office – Metis Rights – Duty to Consult and Accommodate – Judicial Review Granted on Natural Justice Grounds In Fort McMurray Metis, Local...
Fort Chipewyan Métis Nation of Alberta, Local 125 v. Alberta (Minister of Aboriginal Relations), 2016 ABQB 713
Download ReportAboriginal Rights – Aboriginal Consultation Office – Authority to Represent Community – Metis Rights – Duty to Consult and Accommodate – Judicial Review Denied ACO Decision re...
Request for Regulatory Appeal of NEP Canada ULC Licences (AER No. Appeal 1862322)
Request for Regulatory Appeal of Licences – Regulatory Appeal Request DeniedOn December 7, 2016, the AER issued a decision denying Allen Pukanski’s request for a regulatory appeal of certain well...