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.
Alberta Electric System Operator Application for Approval of Amended Section 306.7 of the ISO Rules, AUC Decision 28081-D01-2024
Link to Decision Summarized Electricity - ISO Rules Application In this application, the AESO requested approval of; amendments to s 306.7 of the independent system operator (“ISO”) rules (“ISO Rules”), Mothball Outage Reporting; consequential amendments to s 2.4 of...
Amendments to AUC Rule 022: Rules on Costs in Utility Rates Proceedings and Rule 009: Rules on Local Intervener Costs, AUC Bulletin 2024-02
Link to Decision Summarized Rates – Proceeding Costs The AUC amended Rule 022: Rules on Costs in Utility Rates Proceedings (“Rule 022”), including the scale of costs, which governs the recovery of the costs of participation in rates proceedings before the AUC. The AUC...
AltaLink Management Ltd. 2024-2025 General Tariff Application Negotiated Settlement Agreement, AUC Decision 28174-D01-2024
Link to Decision Summarized Power - Rates Application AltaLink Management Ltd. (“AML”) applied for approval of a negotiated settlement agreement (“NSA”) with respect to its 2024 - 2025 general tariff application (“GTA”). Decision The AUC approved the NSA, as filed,...
Directive 026 Rescinded, AER Bulletin 2024-02
Link to Decision Summarized Oil – Facilities To eliminate duplicative or obsolete requirements, the AER rescinded Directive 026: Setback Requirements for Oil Effluent Pipelines (“Directive 026”), effective immediately. The AER also rescinded the Directive 026 related...
New Edition of Directive 023, AER Bulletin 2024-01
Link to Decision Summarized Oil - Facilities On February 8, 2024, the Alberta Energy Regulator (“AER”) released a new edition of Directive 023: Oil Sands Project Applications (“Directive 023”), effective immediately. Directive 023 replaced the May 2013 draft edition....
London Economics International LLC Module B Study: Overview of Modeling Results and Key Findings Prepared for the Alberta Utilities Commission, AUC Proceeding 28542: AUC Inquiry Into the Ongoing Economic, Orderly and Efficient Development of Electricity Generation in Alberta
Link to Decision Summarized Market Development– Reliability Scope of Study The Government of Alberta directed the AUC to conduct an inquiry regarding the impact of the rising level of renewable energy on the Alberta electricity system, more specifically, the changes...
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...
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...