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These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.

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NEB Reconsideration of Aspects of its OH-001-2014 Report – Trans Mountain Pipeline ULC Application for the Trans Mountain Expansion Project (MH-052-2018 Report)

The Reconsideration process and the resulting report discharged the relevant requirements of the NEB under the NEB Act, CEAA 2012, and SARA. The NEB found that the Trans Mountain Expansion Project was in the Canadian public interest and recommended to the GIC that it be approved.

If the Project is approved, the NEB will regulate it throughout its full lifecycle. The NEB will oversee Project construction and operation, and will hold Trans Mountain accountable for meeting its commitments and applicable regulatory requirements, keeping its pipelines and facilities safe and secure, and protecting people, property, and the environment.

EPCOR Water Services Inc. E.L. Smith Solar Power Plant (AUC Decision 23418-D01-2019)

The AUC found that approval of the project was in the public interest with regard to the social, economic, and other effects of the project, including its effect on the environment. The AUC found that EPCOR Water’s proposal to provide a portion of the energy produced by the project to the adjacent water treatment plant and to export the excess energy to the AIES was not contemplated by the legislative scheme. However, the AUC approved the interconnection of the power plant on the basis that, as a municipally owned company, EPCOR Water’s intended purpose could be achieved through alternative means contemplated by the legislative scheme.

Westcoast Energy Inc. Application for the Spruce Ridge Program (NEB Decision GH-001-2018)

In this decision, the NEB considered Westcoast Energy Inc., carrying on business as Spectra Energy Transmission (“Westcoast”)’s application pursuant to section 58 of the National Energy Board Act (“NEB Act”) and section 43 of the National Energy Board Onshore Pipeline Regulations (“OPR”) for authorization to construct and operate the Spruce Ridge Program (the “Project”). The NEB found that it was in the public interest to approve Westcoast’s application to construct and operate the Project.

Nipigon LNG Corporation Application in respect of TransCanada PipeLines Limited and the TransCanada Mainline Pipeline System (NEB Letter Decision, OF-Tolls-Group1-T211-2018-01 01)

In this decision, the NEB considered Nipigon LNG Corporation (“Nipigon”)’s application for orders pursuant to sections 12, 13, 59, and 71 of the National Energy Board Act (“NEB Act”) directing TransCanada PipeLines Limited (“TransCanada”) to provide facilities, and service under just and reasonable terms, to connect and transport gas from the TransCanada Mainline pipeline system (the “TransCanada Mainline”) to Nipigon’s planned liquefied natural gas (“LNG”) project (the “Application”).

The NEB denied the Application.

Abandonment Hearing Many Islands Pipe Lines (Canada) Limited (NEB Decision MHW-001-2018)

In this decision, the NEB considered Many Islands Pipe Lines (Canada) Limited (“Many Islands”)’ application for the abandonment of the Renaissance – North Bronson Pipeline and associated facilities (the “Pipeline”).

Pursuant to paragraph 74(1)(d) of the National Energy Board Act (the “NEB Act”), and with consideration of section 50 of the National Energy Board Onshore Pipeline Regulations (the “OPR”), the NEB issued Order ZO-M182-005-2018 (the “Order”), granting Many Islands leave to abandon the Pipeline.

In this decision, the NEB considered Many Islands Pipe Lines (Canada) Limited (“Many Islands”)’ application for the abandonment of the Renaissance – North Bronson Pipeline and associated facilities (the “Pipeline”).

Pursuant to paragraph 74(1)(d) of the National Energy Board Act (the “NEB Act”), and with consideration of section 50 of the National Energy Board Onshore Pipeline Regulations (the “OPR”), the NEB issued Order ZO-M182-005-2018 (the “Order”), granting Many Islands leave to abandon the Pipeline.

AltaLink Management Ltd. AltaLink L.P. Transfer of Specific Transmission Assets to PLP and KLP and the Associated 2017-2018 General Tariff Applications (AUC Decision 22612-D01-2018)

The AUC approved the transfer of the assets to PLP and KLP. Applying the no-harm test, the AUC found that the identified financial harm from the transaction could be mitigated through the imposition of conditions. The AUC approved the PLP and KLP general tariffs on an interim basis, effective the date of completion of the transfers.

BHEC-RES Alberta G.P. Inc. Forty Mile Wind Power Project (AUC Decision 22966-D01-2018)

In this decision, the AUC considered whether to approve an application from BHEC-RES Alberta G.P. Inc. (“RES”) to construct and operate a wind power project located in the County of Forty Mile No. 8 in southeastern Alberta.

The AUC approved the RES project, finding it was in the public interest having regard to its social, economic, and other effects, including its effect on the environment.

NOVA Gas Transmission Ltd. Application for Construction and Operation of the Northwest Mainline Loop (NEB Decision GHW-001-2018)

On December 15, 2017, Nova Gas Transmission Ltd. (“NGTL”) applied to the National Energy Board (“NEB”) pursuant to section 58 of the National Energy Board Act (“NEB Act”), for authorization to construct and operate 23 kilometres of new pipeline within Clear Hills County, Alberta to transport sweet natural gas (the “Project”).

The NEB determined that it was in the public interest to approve NGTL’s application to construct and operate the Project.

Syncrude Canada Limited – Application for Aurora North Tailings Management Plan (AER Decision 20180613A)

Syncrude Canada Limited’s (“Syncrude”) Aurora North oil sands processing plant and mine (“Aurora North”) received original approval through a joint Alberta Energy and Utilities Board (“EUB”) and Government of Canada panel in 1997. Syncrude commenced production at Aurora North in 2001, and tailings treatment in 2013 using composite tailings (“CT”) technology.

In this decision, the AER considered Syncrude’s application pursuant to section 13 of the Oil Sands Conservation Act (“OSCA”) for approval of its tailings management plan (“TMP”) for Aurora North.

The application sought approval for Syncrude’s TMP from the present until 2050.

The AER approved Syncrude’s application, subject to terms and conditions (the “Approval Conditions”).

Prosper Petroleum Limited – Rigel Project (AER Decision 2018 ABAER 005)

In this decision, the AER approved Prosper Petroleum Limited’s (“Prosper”) Oil Sands Conservation Act (“OSCA”) application to construct and operate a bitumen recovery scheme, including a central processing facility (“CPF”) and supporting infrastructure (the “Rigel Project” or the “Project”). The AER also approved Prosper’s Environmental Protection and Enhancement Act (“EPEA”) application for the construction, operation, and reclamation of the Rigel Project. In addition, the AER approved Prosper’s Water Act Application to withdraw 255,500 m3/year of nonsaline water from the Viking and Undifferentiated Drift formations. All of these approvals were subject to conditions.

Sale and Transfer of the Municipality of Crowsnest Pass Electric Distribution Assets to FortisAlberta Inc. (AUC Decision 21785-D01-2018)

In this decision, the AUC considered applications by FortisAlberta Inc. (“FortisAlberta”) and the Municipality of Crowsnest Pass (the “Municipality”) for the sale and transfer of the Municipality’s electric distribution system. In addition, FortisAlberta requested that the AUC consider the reasonability, calculation and prudence of the purchase price of $3,745,902.

The AUC found that approval of the sale and transfer of the Municipality’s electric distribution system was in the public interest.

With respect to the purchase price, the AUC:

(a)     found the use of the replacement cost new less depreciation methodology was reasonable in the circumstances; and

(b)     approved the value of the applied-for replacement cost new amount.

However, the AUC did not find the applied-for depreciation amount to be prudent. Accordingly, the AUC did not find the applied-for purchase price to be prudent, for rate setting purposes.

Canadian Natural Resources Limited – Application for a Single-Well Bitumen Battery – Waseca Formation (AER Decision 2018 ABAER 004)

In this decision, the AER considered Canadian Natural Resources Limited’s (“CNRL”) application for approval to construct and operate a single-well battery to produce and store bitumen containing no hydrogen sulphide (“H2S”) at an existing well site about seven kilometres (“km”) west of Canadian Forces Base Cold Lake (the “Application”). CNRL made the Application under section 7.001 of the Oil and Gas Conservation Rules (“OGCR”) and section 5.5(12) of AER Directive 056: Energy Development Applications and Schedules (“Directive 056”).

The AER approved the Application subject to the conditions.

Canadian Natural Upgrading Limited – Application for Jackpine Mine Tailings Management Plan (AER Decision 20180523B)

In this decision, the AER considered Canadian Natural Upgrading Limited’s (“CNUL”) application pursuant to section 13 of the Oil Sands Conservation Act (“OSCA”) for approval of its tailings management plan (“TMP”) for the Jackpine Mine (“JPM”). The AER approved CNUL’s application, subject to terms and conditions (the “Approval Conditions”) to address uncertainties and deficiencies, including requiring a new application be submitted by September 30, 2022.

The AER approved CNUL’s TMP for the short term management of fluid tailings, finding that there was sufficient information in the application to demonstrate CNUL’s ability to manage JPM tailings for the next few years. However, the AER was unable to assess whether CNUL would be able, over the medium- and long-term, to manage its fluid tailings and treated tailings deposits to meet the Lower Athabasca Region: Tailings Management Framework for Mineable Athabasca Oil Sands (“TMF”). objective and Directive 085: Fluid Tailings Management for Oil Sands Mining Projects (“Directive 085”) requirements due to uncertainties and deficiencies in the application.

Canadian Natural Upgrading Limited – Application for Muskeg River Mine Tailings Management Plan (AER Decision 20180523A)

In this decision, the AER considered Canadian Natural Upgrading Limited’s (“CNUL”) application pursuant to section 13 of the Oil Sands Conservation Act (“OSCA”) for approval of its tailings management plan (“TMP”) for the Muskeg River Mine (“MRM”).

The application sought approval for the TMP to 2115, which was 57 years beyond the MRM’s end of mine life.

The AER approved CNUL’s application, subject to terms and conditions (the “Approval Conditions”).

Value Creation Inc. – Applications to Amend the Heartland Upgrader Project Approvals (AER Decision 2018 ABAER 003)

In this decision, the AER considered Value Creation Inc.’s (“VCI”) application under the Oil Sands Conservation Act (“OSCA”) and the Environmental Protection and Enhancement Act (“EPEA”) to amend its existing AER approvals for the Heartland Upgrader Project, a three-phase oil sands processing plant (i.e., bitumen upgrader) (the “Project”). The Project would be located 15 kilometres (km) northeast of Fort Saskatchewan, Alberta.

The AER approved VCI’s amendment applications, subject to conditions, based on finding that the proposed amendments would support the efficient, safe, orderly and environmentally responsible development of Alberta’s energy resources.

Hydro-Québec TransÉnergie – Permit Application for the Quebec-New Hampshire Interconnection(NEB Letter Decision)

On 23 December 2016, Hydro-Québec TransÉnergie (“HQT”) applied to the NEB pursuant to subsection 58.11(1) of the National Energy Board Act (“NEB Act”), for a permit to construct and operate a 79.2 kilometre (km) long 320 kilovolt (kV) power line from just north of Sherbrooke, Quebec to the New Hampshire border (the “Project”). The Project as applied for would increase HQT’s capacity to export power into the New England grid.

NOVA Gas Transmission Limited – Application for the Sundre Crossover (NEB Decision and Order with Reasons to Follow GH-002-2017)

On 24 March 2017, NOVA Gas Transmission Ltd. (“NGTL”) applied to construct and operate the Sundre Crossover Project (the “Project”) pursuant to section 58 of the National Energy Board Act (“NEB Act”) and section 45.1 of the National Energy Board Onshore Pipeline Regulations (“OPR”) (the “Application”). In the Application, NGTL also requested exemptions from paragraph 30(1)(a) and section 31 of the NEB Act.

The Board approved the Project and issued Order XG-N081-030-2017, and associated conditions pursuant to section 58 of the NEB Act and section 45.1 of the OPR, respectively. The NEB granted NGTL the relief requested with respect to paragraph 30(1)(a) and section 31 of the NEB Act.

The NEB issued this decision with reasons to follow.

NOVA Gas Transmission Limited – Albersun Pipeline Asset Purchase Project (NEB Report GHW-001-2016)

On April 27, 2016, NOVA Gas Transmission Ltd. (“NGTL”) applied to the NEB seeking leave to purchase the Albersun Pipeline (the “Project”) from Suncor and include the cost in the NGTL System rate base, pursuant to Parts IV and V of the National Energy Board Act, and for a Certificate of Public Convenience and Necessity for the Albersun Pipeline, among other things, dated 27 April 2016.

The NEB granted NGTL leave to purchase the Project and approved NGTL’s request to include the purchase price of the Albersun Pipeline in the Alberta System rate base.

Millar Western Forest Products Ltd. – Post-Construction Comprehensive Sound Level Survey (AUC Decision 22535-D01-2017)

Millar Western Forest Products Ltd. (“Millar Western”) is the approval holder of AUC Power Plant Approval U2012-2373 (the “Approval”) to construct and operate a 5.2-megawatt (MW) Biogas Power Plant (the “Biogas Plant”). Condition 4 of the Approval required Miller Wester to conduct a comprehensive noise survey at the power plant within six months after the power plant was commissioned and report the findings to the AUC.

In this decision, the AUC considered the post-construction comprehensive sound level survey (“CSL Survey”) for the Biogas Plant, filed by Miller Western pursuant to Condition 4.

With respect to the CSL Survey, the AUC found that:

(a)     the CSL Survey was conducted in accordance with the requirements of AUC Rule 012: Noise Control (“Rule 12”);

(b)     the Biogas Plant was in compliance with the PSL requirements at receptors R2 and R4; and

(c)     the dwelling referred to as Receptor R3 had been demolished and, accordingly, the AUC did not need to assess PSL compliance at Receptor R3.

Reasons for Decision: ITC Lake Erie International Power Line (NEB Decision EH-001-2015)

The NEB found that the Lake Erie Connector international power line project (the “Project”) to be in the public interest and to be required by the present and future public convenience and necessity. Subject to Governor in Council (“GC”) approval, the NEB  erected that a Certificate of Public Convenience and Necessity (“CPCN”) be issued for the Project.

Reasons for Decision: Enbridge Pipelines Inc. – Line 10 Westover Segment Replacement Project (OH-001-2016)

The NEB concluded that Enbridge’s design and implementation of its Project-specific public and Aboriginal engagement activities were appropriate for the scope and scale of the Project. The NEB found that all Aboriginal groups potentially affected by the Project were provided with sufficient information and opportunities to make their views about the Project known to Enbridge and to the NEB.

NEB Releases Preliminary Timeline for Energy East

The NEB announced the release of a preliminary schedule and timeline to hear the application of Energy East Pipeline Ltd. (“Energy East”) for a 4,500 km crude oil pipeline system running from Alberta to New Brunswick (the “Energy East Project”).

Pembina Pipeline Corporation Applications for Two Pipelines Fox Creek to Namao Pipeline Expansion Project (2016 ABAER 004)

Pembina applied for 15 pipeline agreements in the area covered by the forested portion of the province of Alberta, that includes the mountains and foothills along Alberta’s Western boundary (the “Green Area”) for access to a permanent right-of-way (“ROW”). Pembina applied for approval of a conservation and reclamation plan including a construction and post-construction reclamation plan along the settled portion of the route within the province of Alberta, encompassing the populated southern, central and Peace River areas (the “White Area”).