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.
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...
Direct Energy Marketing Limited Amendments to the Code of Conduct Regulation and Inter-Affiliate Code of Conduct Compliance Plan, AUC Decision 28623-D01-2024
Link to Decision Summarized Markets – Code of Conduct Compliance Application Direct Energy Marketing Limited (“DEML”) applied for approval of amendments to the Code of Conduct Regulation Compliance Plan of Direct Energy Regulated Services (“DERS”), Direct Energy...
AUC Bulletin 2016-22: New AUC Rule 031: Conditional Exemption from Specific Financing and Reporting Requirements
Download ReportIn Bulletin 2016-22, the AUC announced its approval of AUC Rule 031: Conditional Exemption from Specific Financing and Reporting Requirements (“Rule 31).Rule 31 was approved in...
Milner Line Loss, Phase 2 Module B, AESO Compliance Filing (AUC Decision 790-D05-2016)
Download ReportISO Line Loss Rule – Electricity – Loss Factor Methodology – Behind-the-Fence Generation In this decision, the AUC approved the AESO new line loss rule, as filed.The AUC held that...
Milner Power Inc and ATCO Power Ltd. Complaints regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology – Phase 2 Module B (AUC Decision 790-D03-2015)
Download ReportISO Rule – Loss Factor and Loss Factor Methodology This decision follows in a series of decisions regarding a complaint made by Milner Power Inc. (“Milner”) on August 17, 2005...
AUC Bulletin 2016-21: Enhancements to the AUC’s eFiling System for revised documents
Download ReportIn AUC Bulletin 2016-21, the AUC set out a new process for proceeding participants to file revisions to previously filed documents on the AUC e-filing system.The new process is also...
TransCanada Mainline Tariff Amendment Application re Storage Transportation Service, Reasons for Decision (NEB Decision RH-001-2016)
Download ReportToll and Tariffs – Natural Gas – TransCanada Mainline System – NEB Denies Amendment Application On February 18, 2016 TransCanada PipeLines Limited (“TCPL”) submitted an application...
Coulas v. Ferus Natural Gas Fuels Inc. (2016 ABCA 332)
Download ReportNatural Gas Facilities – Appeal of AER Decision - Denying Request for Regulatory Appeal – Leave to Appeal Granted In Coulas v. Ferus Natural Gas Fuels Inc., 2016 ABCA 332 (the “ABCA...
Alberta (Utilities Consumer Advocate) v. FortisAlberta Inc. (2016 ABCA 333)
Download ReportPerformance Based Regulation – Asset Disposition – Timing of Rate Base Adjustments – Leave to Appeal - Denied AUC PBR Asset Disposition DecisionFortis Alberta Inc. (“Fortis”) acquired...
Request for Regulatory Appeal and Stay of Grizzly Resources Ltd. Licences (AER Appeal No. 1865544)
Download ReportRequest for Regulatory Appeal and Stay of Licences – Regulatory Appeal Request Granted – Stay Denied On October 11, 2016, the AER issued a decision granting Mike Richard’s request,...
NOVA Gas Transmission Ltd. – Towerbirch Expansion Project (NEB Decision GH-003-2015)
Download ReportPipelines – Tolling Methodology On September 2, 2015, NGTL filed an application with the NEB for approval of 87km of new gas pipeline and associated facilities’ in northwest Alberta...
Milner Power Inc. – Complaints regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology – Phase 2 Module C – Preliminary Issues (AUC Decision 790-D04-2016)
Download ReportLine Loss Factor Methodology – ISO Rules – AESO Complaints On August 17, 2005, Milner Power Inc. ("Milner") first brought a complaint against the AESO under the Electric Utilities Act...
Enmax Energy Corporation v. Alberta Utilities Commission (2016 ABCA 276)
Download ReportEnmax Energy Corporation (“ENMAX”) applied to the ABCA seeking an adjournment to its previous application for permission to appeal AUC Decision 790-D03-2015 (the “Line Loss Module B...
Tseil-Wautuh Nation v National Energy Board (2016 FCA 219)
Download ReportTrans Mountain Pipeline – Duty to Consult – NEBA – CEAA 2012 – Environmental Assessment The Tsleil-Waututh Nation (“TWN”) appealed from three interlocutory decisions of the NEB in the...
AUC Bulletin 2016-16: Transmission Rate Treatments to Recover Electric Transmission Related Investments
Download ReportIn January 2013, the AUC initiated a coordinated process to examine alternative approaches to mitigate or smooth the impact on consumers of rate increases, while still ensuring that...
ATCO Electric Ltd. – 2015-2017 Transmission General Rate Application (AUC Decision 20272-D01-2016)
Download ReportTransmission – General Rate Application – Use of Forecast – Depreciation Parameters ATCO Electric Ltd. (“ATCO”) filed a general rate application with the AUC for the test years 2015,...
AER Bulletin 2016-26: Manual 005: Pipeline Inspection Updated
Download ReportPipelines – Inspection On August 18, 2016, the AER announced the release of a new addition of the AER Manual 005: Pipeline Inspections (Manual 005).Revisions from the previous version...
Orphan Well Assn. v Grant Thornton Ltd. (2016 ABCA 238)
Download ReportIntervener Standing – Doctrine of Federal Paramountcy – Oil and Gas Conservation Act – Pipelines Act – Bankruptcy and Insolvency Act – Licensee The Canadian Association of Petroleum...
Direct Energy Regulated Services – 2015 Late Payment Penalty Charge Settlement Agreement (AUC Decision 20732-D01-2016)
Download ReportRates –Recovery of Costs – Late Payment Penalty Class Action Defence Costs – Prudent/Reasonable Costs Following six years of litigation, Direct Energy Regulated Services (“DERS”)...
TransCanada PipeLines Limited – Vaughan Mainline Expansion Project Approval (NEB Decision GH-001-2016)
Download ReportPipelines – TransCanada – Aboriginal Engagement Process On November 10, 2015, TransCanada Pipelines Limited (“TCPL”) applied to the National Energy Board (“NEB”) for approval to...
ENMAX Power Corporation 2015-2017 Electricity Distribution Performance-Based Regulation Plan – Negotiated Settlement Agreement and Interim X Factor (AUC Decision 21149-D01-2016)
Negotiated Settlement – Rule 018 - Performance Based Regulation – Electricity DistributionOn December 18, 2015, ENMAX Power Corporation (“EPC”) filed an application with the AUC for approval of a...
AER Bulletin 2016-25: Second 2016/17 Orphan Fund Levy
Download ReportBulletin – Orphan Well Association – Orphan Well Levy In accordance with Part 11 of the Oil and Gas Conservation Act, the AER announced that it prescribed, by regulation, an orphan...
AltaLink Management Ltd. – South and West of Edmonton Area Transmission Development Cooking Lake, Saunders Lake, Wabamun and Leduc Developments (AUC Decision 20987-D01-2016)
Download ReportTransmission – Facilities Application – Property Value Impacts AltaLink Management Ltd. (“AltaLink”) applied to the AUC for approval to develop five transmission projects (the...
AER Decision on O’Chiese First Nation Application for Advance Funds – Shell Canada Limited Rocky 7 Pipeline Project
Download ReportPipelines –Advance Funds – O’Chiese First Nation On June 30, 2016, the O’Chiese First Nation (the “OCFN”) filed an application with the AER for $572,650 in advance funds.In its...
AER Denies Request for Regulatory Appeal by Samson Cree Nations
Download ReportRegulatory Appeal – Water Act – Aboriginal Rights Samson Cree Nation (“Samson Cree”) filed five regulatory appeal requests. Each request related to approvals issued by the AER to...
AER Bulletin 2016-24: Issuance of Directive 085: Fluid Tailings management for Oil Sands Mining Project
Download ReportBulletin –Tailings Management –Directive 085 – Directive 074 The AER announced the release of Directive 085: Fluid Tailings Management for Oil Sands Mining Projects (“Directive 085”)....