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...
Search Results
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.
FEOC Order Between Fengate Entities, Heartland, Inter Pipeline , and URICA Entities, AUC Decision 26543-D01-2021
Link to Decision SummarizedMarket Oversight and Enforcement – FEOC In this decision, the AUC approved the application from Fengate Central Utilities Block GP Inc. (“Fengate”) for the preferential sharing of records that are not available to the public between Fengate,...
Application by West Coast Olefins Ltd. Regarding Jurisdiction over the Enbridge Frontier Project, CER Letter Decision A7I4V6
Link to Decision SummarizedWestcoast Test - Jurisdictional Determination In this decision, the CER denied the application by West Coast Olefins Ltd. (“WCOL”) to establish a process to decide whether the Enbridge Frontier Project (“Project”), proposed by Enbridge...
Enbridge Pipelines Inc. and Westover Express Pipeline Limited Joint Application for Sale and Purchase of Line 10 (NEB Letter Decision)
The NEB approved the Application, granting Enbridge leave to sell, and Westover Express leave to purchase, the Canadian portion of the Pipeline.
Evergreen Gas Co-op Ltd. – Franchise Agreement with the Town of Drayton Valley (AUC Decision 24257-D01-2019)
The AUC found that Clause 5(a)(ii) in the proposed franchise agreement relating to franchise fees was discriminatory and therefore not in the public interest. On that basis, the AUC declined to approve the franchise agreement as filed.
AltaGas Utilities Inc. Application for Approval of an Exemption Extension for Rule 004 and Rule 028 (AUC Decision 23948-D01-2019)
The AUC granted AltaGas an extension of the Rule 004 exemptions until April 30, 2019, and of the Rule 028 exemptions until December 31, 2021.
Piikani Transmission Holding Limited Partnership Application to Encumber Assets Pursuant to Sections 101(2)(d)(i) and 102(1) of the Public Utilities Act (AUC Decision 24105-D01-2019)
Pursuant to sections 101(2)(d)(i) and 102(1) of the Public Utilities Act, the AUC approved PTHLP, 1792191 Alberta Corp. and 1656877 Alberta Ltd. to enter into certain credit facilities and to mortgage and encumber property for the purpose of executing the purchase of transmission assets.
Milner Power Inc. and ATCO Power Ltd. Complaints Regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology (AUC Decision 790-D07-2019)
The AUC found that the AESO complied with the AUC’s direction from Decision 790-D06-2017. The AUC confirmed that although the proposed methodology for the historical period required AUC approval, the related procedure documents in this proceeding did not, because these procedures will likely evolve as necessary to implement the Modified Module B methodology.
Commission-Initiated Proceeding METSCO’s Risk-Based Asset Management Framework for ENMAX and EPCOR (AUC Decision 23102-D01-2019)
The AUC found that ENMAX failed to meet its burden of proof in establishing the prudence of the scope, level, and timing, and the actual costs, for the Proactive Cable Replacement Project and the Overhead Conductor Replacement Project in 2015 and 2016, as required under the project assessment test under Criterion 1. Accordingly, the AUC did not extend capital tracker treatment to ENMAX’s actual 2015 and 2016 costs associated with the PG4-A-4 Proactive Cable Replacement Project and the PG4-A-8 Overhead Conductor Replacement Project. EPCOR did not rely on METSCO’s analysis to support costs associated with any applied for 2016 capital tracker true-up amounts but indicated it would use METSCO’s analysis in its 2017 asset management and capital planning processes.
Alberta Energy Regulator v Lexin Resources Ltd, 2019 ABQB 23
The ABQB determined that the prejudice to the Receiver and other creditors of Lexin if the stay was lifted outweighed the prejudice, if any, that would be suffered by Midstream if the stay was not lifted.
There were no equitable grounds that would otherwise justify the lifting of the stay.
Percy v. Value Creation Inc. (2018 ABCA 189)
In this decision, the Alberta Court of Appeal (“ABCA”) considered an application by Value Creation Inc. (“VCI”) (the applicant/respondents in the underlying appeal) to strike an amendment to the original permission to appeal application by Mr. and Mrs. Percy of an AER decision dated December 7, 2017 (the “Original AER Decision”). The Percys (the respondent/appellants in the underlying appeal) amended their permission to appeal application to add a January 29, 2018 AER decision confirming the Original AER Decision (the “January 29 Decision”).
The ABCA dismissed the application to strike.
Group 1 Companies Filings re Abandonment Cost Estimate Review 2016 (NEB Decision – File OF-AF-ACE 01)
In this decision, the NEB found that each Group 1 company used a methodology to develop its Abandonment Cost Estimate (“ACE”) based on its pipeline system’s characteristics. Although the NEB recognized the need to account for company or pipeline-specific characteristics, it found that it was important for Group 1 companies to follow a consistent and standardized approach to provide greater clarity, consistency, and transparency in their ACEs, and to allow the NEB to better evaluate the reasonableness of each company’s ACE. To achieve greater consistency, transparency and accuracy for future ACE reviews, the NEB stated that it intends to initiate a process for the next steps for future reviews.
Balancing Pool v. ENMAX Energy Corporation (2018 ABCA 143)
In this decision, the Alberta Court of Appeal (“ABCA”) considered applications by the Balancing Pool and TransAlta Corporation (“TransAlta”) to be added as parties (or as intervenors) to the applications for permission to appeal portions of AUC Proceeding 790, Module C (Decision 790-D06-2017 (the “Permission to Appeal Applications”).
Percy v. Value Creation Inc. (2018 ABCA 50)
In this decision, the Alberta Court of Appeal (“ABCA”) considered applications by Greg and Barbara Percy (the “Percys”) for:
(a) a stay of an AER hearing scheduled for February 6, 2018, pending the Percys’ appeals of:
(i) AER letter decisions issued on December 7 and December 8, 2017, denying the Percys’ request to delay the February 6, 2018, hearing and to expand the scope of that hearing; and
(ii) the AER decision denying the Percys’ request for reconsideration of EUB Decision 2005-079; and
(b) an adjournment of the Percys application to the ABCA for permission to appeal the December 7 and 8th AER decisions.
Request for Reconsideration by Canadian Natural Resources Ltd. of AER Decision No. 20171218A – Horizon Oil Sands Processing Plant and Mine Tailings Management Plan
In the decision, the AER considered Canadian Natural Resources Ltd.’s (“CNRL”) request under section 42 of the Responsible Energy Development Act (“REDA”) for reconsideration of AER Decision No. 20171218A (the “Original AER Decision”) and the Commercial Scheme Approval No. 9752E (the “Approval”).
Alberta Energy Regulator v. Grant Thornton Limited (2017 ABCA 278)
The ABCA dismissed the application for a stay.
Tsleil-Waututh Nation v. Canada (Attorney General) (2017 FCA 174)
The FCA granted British Columbia leave to intervene, subject to conditions regarding the scope of its participation. The FCA cautioned that while British Columbia may have been “blasé” in approaching its motion to intervene, it must be vigilant in complying with the conditions. The FCA warned that if any were breached, the FCA panel hearing the appeal could revoke British Columbia’s status as an
intervener.
Prosper Petroleum Ltd. Rigel Project – Fort McKay First Nation Request for Suspension of Hearing Process
The AER denied the request of the FMFN to suspend the hearing process for Prosper’s applications.
Tsleil-Waututh Nation v. Canada (Attorney General) (2017 FCA 116)
The FCA found that all of the background statements objected to, were admissible for the limited purpose of orienting the court, but not as evidence of what actually happened below. The FCA stated that evidence of what actually happened below was to be found exclusively in the record of the administrative proceedings. The FCA stated that it would seek submissions from the parties on whether reply evidence needs to be filed with respect to Aboriginal engagement and consultation activities that occurred after the Governor in Council’s decision approving the project.
Tsleil-Waututh Nation v Canada (Attorney General) (2017 FCA 102)
The FCA granted the Alberta AG leave to participate as an intervener, but denied the Tsartlip’s motion.
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 application seeking an extension of time to file his appeal of an ABQB...
Ernst v Alberta Energy Regulator, 2017 SCC 1
The SCC rendered a 4-4-1 split decision. Five of the nine SCC justices agreed that the claim should be struck. The appeal was therefore denied.
Enmax Energy Corporation v. Alberta Utilities Commission (2016 ABCA 276)
The ABCA granted the adjournment. Martin J.A. held that denying the adjournment could result in litigation by installment, a practice strongly discouraged by the courts. Martin J.A. concluded that there was no compelling reason to make an exception in this case.
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 decisions, the AER discussed the purpose of advance funds and the...
Proceeding 790 – AUC ruling on AESO Implementation Plan and Response to Clarification Requests
The AUC found that the AESO’s proposed steps to calculate loss factors were reasonable, subject to any determinations the AUC may make based on any further consultation between the AESO and stakeholders.
Recommendation to Reject for Adoption of NERC Reliability Standards: New Versions of NERC Reliability Standards and Intra-Balancing Authority Transaction Identification (AUC Decision 21075-D02-2016)
The AUC held that the Transmission Regulation requires that the AESO forward reliability standards along with a recommendation that the AUC either adopt or reject the reliability standard. The AUC held that implicit in the AESO’s responsibilities is to tender a copy of the reliability standard itself.
EDF EN Canada Development Inc. Blackspring Ridge Wind Power Plant Supplementary Post-Construction Comprehensive Noise Study for Receptor Location LM5 (AUC Decision 21203-D01-2016)
Download ReportWind – Noise Study EDF EN Canada Development Inc. (“ECDI”) asked the AUC to consider whether its post-construction comprehensive noise study complied with AUC Rule 012: Noise Control (“Rule 12”).ECDI received approval from the AUC to modify the...
Enbridge Line 10 Westover Segment Replacement (NEB Hearing Order OH-001-2016)
The NEB released a hearing order for Enbridge’s application to replace the Westover Segment of its line 10 pipeline, which consists of replacing 32 kilometers of existing 12 inch diameter pipeline with approximately 35 kilometers of new 20 inch diameter pipeline from Enbridge’s Westover Terminal to its Nanticoke Junction facility in Hamilton, Ontario.
AltaGas Holdings Inc. Time Extension to Power Plant Approval 3547-D02-2015 (AUC Decision 21307-D01-2016)
The AUC held that AltaGas has provided information on the need and duration for the extension and approved AltaGas’ request as filed.
TransAlta MidAmerican Partnership Sundance 7 Power Plant Time Extension (AUC Decision 21062-D01-2016)
The AUC held that TAMA Power provided information on the need, nature and duration of the time extension as being minor in nature. The AUC also held that the requested change to reporting intervals for pre-construction activities was reasonable, and granted TAMA Power’s request.
Board Directions – Energy East Pipeline Ltd. Application for the Energy East Project and Asset Transfer – Status of the Application
Download ReportRefiling –Facilities Application The NEB sent a letter to Energy East Pipeline Ltd. (“Energy East”) on February 3, 2016 regarding the status of the application for the Energy East Pipeline.In the letter, the NEB noted that the application was initially...
AltaGas Utilities Inc. Rule 004 Alberta Tariff Billing Code Exemption (Decision 20428-D01-2015)
AltaGas Utilities Inc. (“AltaGas”) requested exemptions from certain requirements of Rule 004: Alberta Tariff Billing Code (“Rule 004”), which defines the business processes and mechanics of how bill-ready information is to be produced and transmitted to retailers by electricity and natural gas distributors in Alberta.
EPCOR Distribution & Transmission Inc. 2013 Generic Cost of Capital Compliance Filing (Decision 20692-D01-2015)
The AUC further directed EDTI, beginning in 2015, to make its filings pursuant to AUC Rule 005: Annual Reporting Requirements of Financial and Operational Results using AUC-approved figures for ROE and debt and equity ratios.
EPCOR Distribution & Transmission Inc. 2013 Generic Cost of Capital Compliance Filing (Decision 20692-D01-2015)
The AUC further directed EDTI, beginning in 2015, to make its filings pursuant to AUC Rule 005: Annual Reporting Requirements of Financial and Operational Results using AUC-approved figures for ROE and debt and equity ratios.
AESO Application for AESO 2015 Transmission Constraint Rebalancing Charge and Approval to Amend the ISO Tariff Pursuant to Decisions 2013-135 and 3528-D01-2015 (Decision 20623-D01-2015)
The AUC approved the AESO’s proposed ISO Tariff amendments to implement a TCR cost effective November 26, 2016 on a final basis.
AESO Request for Consent to Terminate the Reliability Management System Agreement and the Western Electricity Coordinating Council Reliability Criteria Agreement (Decision 20840-D01-2015)
The AUC accepted the AESO’s submissions, relying on the representations made by the AESO in finding that the Agreements were no longer needed.
City of Medicine Hat Modification to Electric Distribution Service Area (Decision 20828-D01-2015)
The AUC agreed with Medicine Hat, finding that the residential development of Desert Blume would be better served by a single electric distribution service provider. The AUC found that this would provide consistent service to affected residents, and would be in the public interest.
ATCO Electric Ltd. Application for Removal of CUL 307 from Isolated Generating Units Inventory (Decision 20634-D01-2015)
Download ReportRemoval of Generating Unit from Inventory - Isolated Generating Units and Customer Choice Regulation ATCO Electric Ltd. (“ATCO”) filed an application with the AUC for approval to dispose of mobile generating unit CUL 307 (“CUL 307”) pursuant to section...
NEB postpones Trans Mountain Expansion Oral Hearings
The NEB announced that it was postponing the oral portion of Hearing Order OH-001-2014 for the Trans Mountain Expansion Project (the “Project”), and that it was further taking the step of striking from the record all evidence prepared by or under the direction of Mr. Steven J. Kelly of IHS Global Canada Limited in Hearing Order OH-001-2014.