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.
Link to Decision Summarized Download Summary in PDF Appeal – Production of Records Application Michael Judd ("Appellant") appealed a decision by the Alberta Energy Regulator (“AER”) that denied his pre-hearing motion in a regulatory appeal of a pipeline licence issued...
Link to Bulletin Summarized Download Summary in PDF Facilities – Applications The AUC updated Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, Hydro Developments and Gas Utility Pipelines (“Rule 007”) to align...
Link to Bulletin Summarized Download Summary in PDF Power - Law The AUC amended Rule 027: Specified Penalties for Contravention of Reliability Standards ("Rule 027") to include the reliability standard PER-006-AB-1 (R1), assigning this standard a penalty category 2....
Link to Decision Summarized Download Summary in PDF Administrative Law – Judicial Review v. Statutory Appeal Application Ummugulsum Yatar (“Ms. Yatar”) contested the denial of her insurance benefits, following an accident in 2010. After having her application...
Link to Bulletin Summarized Download Summary in PDF Power - Law On March 6, the Alberta Utilities Commission (“AUC”) made updates to the Hydro and Electric Energy Regulation (“HEER”) to align it with the Electricity Statutes (Modernizing Alberta’s Electricity Grid)...
Link to Decision Summarized Oil and Gas - law On November 15, 2023, the AER released a new edition of the Pipeline Rules, which came in force on the same day. The amended Pipeline Rules: allow the use of temporary surface pipelines for water conveyance in support of...
Link to Decision Summarized Minerals – Development The AER sought feedback on its proposed new Draft Directive: Rock-Hosted Mineral Resource Development (“Draft Directive”). The Draft Directive sets out the industry's requirements for rock-hosted mineral resource...
Link to Decision Summarized Jurisdiction – Environmental Impact Assessment Appeal This was an appeal from an Alberta Court of Appeal (“ABCA”) judgment regarding a reference by the Alberta’s Lieutenant Governor in Council to the ABCA concerning the constitutionality of...
Link to Decision Summarized Market - Enforcement Application Enforcement staff of the AUC (“Enforcement Staff”) applied to the AUC for approval of a settlement agreement between Enforcement Staff and Persist Oil & Gas Inc. (“Persist”) related to a contravention...
Link to Decision Summarized Enforcement – Penalties Application This was a penalty determination as part of the second phase of the AUC’s enforcement proceeding against Green Block Mining Corp. (“Green Block”), formerly known as Link Global Technologies Inc. (“Link...
Link to Decision Summarized Electricity – Markets Application The Market Surveillance Administrator (“MSA”) applied for approval of a settlement agreement (the “Settlement”) between the MSA, Canadian Hydro Developers Inc. (“Canadian Hydro”), and TransAlta Corporation...
Link to Bulletin Summarized Oil and Gas - Geothermal Resources On July 4, 2023, the Alberta Energy Regulator released a new edition of Directive 001: Requirements for Site-Specific Liability Assessment, which includes the following changes: Removal of irrelevant or...
Link to Decision SummarizedWater - LawApplicationCorix Utilities (Foothills Water) Inc. (“Corix Foothills”) owns and operates a water utility located at Heritage Pointe, Alberta. Corix Foothills is a wholly owned subsidiary of Corix Utilities Inc. (“CUI”), which is a...
Link to Decision SummarizedOil - LawApplicationOn April 14, 2022, CNOOC Marketing Canada (“CNOOC”) applied for an order requiring PKM Canada North 40 Limited Partnership (“Pembina”) to allow CNOOC and its sublessees to access pipeline facilities for receiving,...
Link to Decision SummarizedAUC Enforcement - Confidentiality OrderApplicationAUC Enforcement staff applied to the AUC for approval of a settlement agreement reached between the Office of the Utilities Consumer Advocate (“UCA”) and the AUC Enforcement staff. In the...
Link to Bulletin SummarizedGeothermal ResourcesThe Geothermal Resource Development Act provides the AER with the authority to regulate the safe, efficient, and responsible development of Alberta’s geothermal resources. The Geothermal Resource Development Rules (the...
Link to Bulletin SummarizedOil and Gas - LawThe AER issued Bulletin 2022-018 seeking feedback on the proposed updates to Directive 065: Applications for Oil and Gas Reservoirs. Directive 065.The proposed changes aim to clarify the application requirements for CO2...
Link to Decision SummarizedPermission to Appeal - LawIn this decision, the Alberta Court of Appeal (“ABCA”) considered three related applications for permission to appeal decisions by the AUC under s. 29 of the Alberta Utilities Commission Act (“AUCA”). Kalina...
Link to Decision SummarizedDistribution-Connected Generation - Interconnection CostsIn this decision, the AUC dismissed the complaint from Capital Power Corporation (“Capital Power”) against FortisAlberta Inc. (“FortisAB”) regarding charges to interconnect Capital...
Link to Decision SummarizedInformation Sharing - FEOCIn this decision, the AUC approved the application from the Balancing Pool for the preferential sharing of records that are not available to the public pertaining to the electricity and ancillary services markets...
Link to Bulletin SummarizedEnterprise SubmissionsOn March 3, 2022, the AER released new functionality and updates for the OneStop platform. The AER added three submission types related to Enterprise Submissions to the platform. Industry submitters are now required to...
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from ATCO Electric Ltd., ATCO Gas (a division of ATCO Gas & Pipelines Ltd.), and ATCO Energy Ltd. (collectively “ATCO”) to amend their Code of Conduct Regulation...
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from ATCO Electric Ltd., ATCO Gas (a division of ATCO Gas & Pipelines Ltd.), and ATCO Energy Ltd. (collectively “ATCO”) to amend their Code of Conduct Regulation...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application from the Balancing Pool for the preferential sharing of records that are not available to the public pertaining to the electricity and ancillary...
Link to Bulletin SummarizedOil and Gas - WellsOn February 28, 2022, the AER amended subsurface orders 1B, 3A, 4, and 5 to align with changes to its regulatory framework for oil and gas well testing (Bulletin 2021-34), coalbed methane control well requirements...
Link to Bulletin SummarizedIndustry Levy - Responsible Energy Development Act General RegulationSince the AER’s announcement regarding changes to the calculation of fees in Bulletin 2021-37 in September of 2021, the Government of Alberta has announced changes to the...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application by the Balancing Pool for an order to permit the sharing of records pertaining to the electricity and ancillary services markets under Section 3 of the...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application by the TransAlta Generation Partnership (“TransAlta GP”) for an order to permit the sharing of records pertaining to the electricity and ancillary...
Link to Decision SummarizedJudicial Review - MootIn this decision, the Alberta Court of Queen’s Bench (“ABQB”) dismissed an application for judicial review from The Edmonton River Valley Conservation Coalition Society (the “Society”), claiming that the Edmonton City...
Link to Decision SummarizedAmalgamation - Non-Regulated EntitiesIn this decision, the AUC approved the application from Canadian Utilities limited (“CU”) for the amalgamation of ATCO Energy Solutions Ltd. (“AES”) and ATCO Alberta Storage Hub Ltd. (“ATCO Hub”) (the...
Link to Decision SummarizedR&V - RatesIn this decision, the AUC denied an application by ATCO Electric Ltd. (“AE”) to review and vary Decision 26477-D01-2021 (the “Compliance Decision”), a decision on the compliance filing for its 2019 general tariff...
Link to Decision SummarizedCode of Conduct Compliance Plan AmendmentsIn this decision, the Alberta Utilities Commission (“AUC”) approved the application of Apex Utilities Inc. (“AUI”) to amend its Code of Conduct Regulation Compliance Plan (“Compliance Plan”).AUI...
Link to Decision SummarizedTMEP - Municipal BylawsIn this decision, the Canada Energy Regulator (“CER”) considered an application filed by Trans Mountain Pipeline ULC (“Trans Mountain”) regarding the application of Bylaws of the City of Burnaby (“Burnaby”) regarding...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from BHE Canada Rattlesnake GP Inc. (“BHEC”) for an order permitting the sharing of records pertaining to the electricity and ancillary services markets...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from Pembina Pipeline Corporation (“Pembina”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from Enbridge Pipelines Inc. (“Enbridge”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets...
Link to Decision SummarizedFEOC - UpdatesIn this decision, the AUC approved changes to Section 103.4 of the Independent System Operator (“ISO”) rules, Power Pool Financial Settlement, and Section 103.6 of the ISO rules, ISO Fees and Charges (collectively, the...
Link to Decision SummarizedEnforcement - MarketsIn this decision, the AUC considered the application filed by AUC Enforcement staff alleging that Link Global Technologies Inc. (“Link Global”) has been operating a 5-megawatt (“MW”) in Sturgeon County (the “Sturgeon...
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from Direct Energy Marketing Limited to amend the Direct Energy Regulated Services (“DERS”), Direct Energy Partnership (“DEP”) and XOOM Energy Canada, ULC (“XOOM”) Code of...
Link to Decision SummarizedFEOC - Sharing of RecordsIn this decision, the AUC approved the application from Syncrude Canada Ltd. (“Syncrude”) for the preferential sharing of records that are not applicable to the public between Syncrude and Suncor Energy (Syncrude)...
Link to Bulletin SummarizedEmissions - UpdatesThe Continuous Emission Monitoring System (“CEMS”) Code was updated by Alberta Environment and Parks (“AEP”) in 2021 and will take effect on January 1, 2022.“Authorizations to deviate” granted under the predecessor, the...
Link to Decision SummarizedCode of Conduct Compliance PlanIn this decision, the AUC approved the application from EQUS REA Ltd. (“EQUS”) for approval of its amended Code of Conduct Regulation Compliance Plan (“Compliance Plan”).EQUS applied for approval of amendments...
Link to Bulletin SummarizedJurisdiction - Geothermal ResourcesUnder Bill 36: Geothermal Resource Development Act which has not yet been proclaimed, the AER will have the authority to regulate the safe, efficient, and responsible development of Alberta's geothermal...
Link to Bulletin SummarizedCoal Exploration On April 23, 2021, the Government of Alberta issued Ministerial Order 093/2021. On May 11, 2021, the AER posted Bulletin 2021-19 announcing that this order directs the AER to take steps to suspend all approvals for coal...
Link to Bulletin SummarizedReview and Variance- Efficiency The AUC has amended Rule 016: Review of Commission Decisions as part of its continuous effort to implement process efficiencies identified in the Report of the AUC Procedures and Processes Review Committee....
Link to Bulletin SummarizedRates Proceedings - Efficiency On April 27, 2021, the AUC approved amendments to Rule 001: Rules of Practice applicable to proceedings registered on or after May 17, 2021.In 2020 the AUC accepted 29 of the recommendations of the Report of...
Link to Decision SummarizedMarket Oversight and Enforcement - FEOC In this decision, the AUC approved the application from the Balancing Pool, for the preferential sharing of records pertaining to the electricity and ancillary services markets that are not available...
Link to Decision SummarizedPublic Utilities Act - Ordinary Course of Business In this decision, the AUC approved the disposition by ENMAX Corporation of the Downtown District Energy Centre (“DDEC”) and the transfer of related approvals from ENMAX Independent Energy...
Link to Decision SummarizedControl of Licensee - Time of Failure to Comply with Order - S. 106 Order In this decision the AER revoked the declarations made under section 106(1) of the Oil and Gas Conservation Act (“OGCA”) naming Darren O’Brien and Jeffrey Young...
Link to Decision SummarizedCompliance with Decisions 22742-D01-2019, 22742-D02-2019, 24805-D01-2020, 25139-D01-2020, and 25282-D01-2020 In this decision, the AUC considered the application of ATCO Electric Ltd (“AET”) for its compliance with directions from Decision...