Link to Decision SummarizedRates - Compliance Filing - Deferral Accounts Reconciliation In this decision, the AUC set out its determinations regarding the application by AltaLink Management Ltd. (“AML”) for its 2014-2015 deferral accounts reconciliation second...
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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.
FortisAlberta Inc. Compliance Filing to Decision 21785-D01-2018, AUC Decision 23961-D01-2019
Link to Decision SummarizedCompliance Filing - Electrical Distribution System Purchase - Depreciation Component In this decision, the AUC considered whether to approve the depreciation component associated with FortisAlberta Inc. (“Fortis”)’s purchase of the electric...
ATCO Gas and Pipelines Ltd. 2019 Unaccounted-For Gas Rider D, AUC Decision 24815-D01-2019
Link to Decision SummarizedRates - Unaccounted-for Gas Rider D In this decision, the AUC considered an application from ATCO Gas (a division of ATCO Gas and Pipelines Ltd.) requesting approval of its unaccounted-for gas (“UFG”) Rider D rate of 0.864 percent for...
EPCOR Distribution & Transmission Inc. 2020 Interim Transmission Facility Owner Tariff, AUC Decision 24931-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR’s”) request for a 2020 interim transmission facility owner (“TFO”) tariff. The AUC approved EPCOR’s application. On September 25, 2019, EPCOR...
EPCOR Distribution & Transmission Inc. 2020 Interim Transmission Facility Owner Tariff, AUC Decision 24931-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR’s”) request for a 2020 interim transmission facility owner (“TFO”) tariff. The AUC approved EPCOR’s application. On September 25, 2019, EPCOR...
FortisAlberta Inc. – Capital Tracker True-Up for the 2016 and 2017 AESO Contributions Program, AUC Decision 24281-D01-2019
Link to Decision SummarizedRates In this decision, the AUC considered FortisAlberta Inc.’s (“Fortis”) 2016 and 2017 capital tracker true-up for its Alberta Electric System Operator (“AESO”) Contributions Program. The AUC determined that:Fortis must review its pro...
Blazer Water Systems 2019-2020 General Rate Application Compliance Filing, AUC Decision 24418-D01-2019
Link to Decision SummarizedRates - Water Utility - Compliance Filing In this decision, the AUC considered a compliance filing from Blazer Water Systems Ltd. (Blazer”) addressing all of the determinations and directions of the AUC in Decision 22319-D01-2018. In AUC...
ATCO Electric Ltd. – Z Factor Adjustment for the 2016 Regional Municipality of Wood Buffalo Wildfire, AUC Decision 21609-D01-2019
Link to Decision SummarizedRates - Performance Based Regulation - Z factor - Utility Asset Disposition Decision SummaryIn this decision, the AUC considered an application from ATCO Electric Ltd. (“ATCO Electric”) to recover $15 million through a Z factor rate...
ATCO Electric Ltd. Application for Disposal of 2015-2017 Transmission Deferral Accounts and Annual Filing for Adjustment Balances, AUC Decision 24686-D01-2019
Link to Decision SummarizedRates - Proceeding Participation - Advance Funding In this decision, the AUC considered an application for advance funding by the Consumers’ Coalition of Alberta (“CCA)” (the “Advance Funding Application”) in connection with its...
ATCO Electric Ltd. 2018-2019 Transmission General Tariff Application, AUC Decision 22742-D02-2019
Link to Decision SummarizedRates - General Tariff Application - Retirement of Destroyed Assets In this decision, the AUC considered utility asset disposition and other matters pertaining to the Fort McMurray wildfire, filed as part ATCO Electric Ltd. (“AET”)’s...
Village of Delia Appeal of Utility Charges by Heide Peterson and Yvon Fournier, AUC Decision 24678-D01-2019
Link to Decision SummarizedMunicipal Utility Rates - Appeal In this decision, the AUC considered an appeal from Ms. Heide Peterson and Mr. Yvon Fournier (collectively, the “Appellants”), requesting that the AUC disallow all water, sewer, garbage and land fill utility...
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module Two (AUC Decision 23571-D02-2019)
Link to decision summarizedApplication - Capital Tracker True-Up - Module Two In this decision (the “Module Two Decision”), the AUC considered an application (the “Application”) filed by EPCOR Distribution & Transmission Inc. (“EPCOR”) on May 17, 2018, requesting...
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module Two (AUC Decision 23571-D02-2019)
Link to decision summarizedApplication - Capital Tracker True-Up - Module Two In this decision (the “Module Two Decision”), the AUC considered an application (the “Application”) filed by EPCOR Distribution & Transmission Inc. (“EPCOR”) on May 17, 2018, requesting...
ATCO Electric Ltd. 2018 Depreciation Application (AUC Decision 24195-D01-2019)
Link to decision summarizedElectricity - Depreciation Application In this decision, the AUC considered a 2018 depreciation application (the “Application”), filed by ATCO Electric Ltd. (“ATCO Electric”) on December 31, 2018, which was supported by a depreciation study...
ATCO GAS and Pipelines Ltd. Franchise Agreement with the Town of Drayton Valley (AUC Decision 24733-D01-2019)
Link to decision summarizedNatural Gas - Franchise Agreement In this decision, the AUC approved an application (the “Application”) made by ATCO Gas and Pipelines Ltd. (“ATCO”) on July 12, 2019, requesting approval of a natural gas franchise agreement (the ”Franchise...
AltaLink Management Ltd. 2014-2015 Deferral Accounts Reconciliation Compliance with Directions from Decision 22542-D02-2019 (AUC Decision 24329-D01-2019)
Link to decision summarizedDeferral Accounts Reconciliation In this decision, the AUC determined if AltaLink Management Ltd. (“AltaLink”) had complied with the AUC’s directions from Decision 22542-D02-2019. In Decision 22542-D02-2019 the AUC considered an application...
Maritimes & Northeast Pipeline Management Ltd. Application for Approval of 2020-2021 Toll Settlement (NEB Letter Decision and Order TG-007-2019)
Link to decision summarizedNatural Gas - Toll Settlement In this decision, the NEB considered an application (the “Application”) from Maritimes & Northeast Pipeline Management Ltd. (“M&NP”) pursuant to Part IV of the National Energy Board Act and the Board’s...
Maritimes & Northeast Pipeline Management Ltd. Application for Approval of 2020-2021 Toll Settlement (NEB Letter Decision and Order TG-007-2019)
Link to decision summarizedNatural Gas - Toll Settlement In this decision, the NEB considered an application (the “Application”) from Maritimes & Northeast Pipeline Management Ltd. (“M&NP”) pursuant to Part IV of the National Energy Board Act and the Board’s...
ATCO Utilities (ATCO Gas and Pipelines Ltd. and ATCO Electric Ltd.) Information Technology Common Matters Proceeding (AUC Decision 20514-D02-2019)
The AUC directed the ATCO Utilities to file compliance filings to this decision reflecting the impact of this decision as part of their next annual PBR filings.
ATCO Pipelines 2019 Interim Revenue Requirement Application (AUC Decision 24285-D01-2019)
The AUC approved a 2019 interim revenue requirement increase of $12,595,000, which was 59 percent of the original applied for increase.
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module One (AUC Decision 23571-D01-2019)
In this decision, the AUC directed EPCOR to revise its accounting test for 2017 in a compliance filing.
EPCOR Distribution & Transmission Inc. 2017 Performance-Based Regulation Capital Tracker True-Up Application – Module One (AUC Decision 23571-D01-2019)
In this decision, the AUC directed EPCOR to revise its accounting test for 2017 in a compliance filing.
The City of Red Deer 2018-2020 Transmission Facility Owner General Tariff Application (AUC Decision 23872-D01-2019)
The AUC found that Red Deer failed to justify its 2018 property tax forecast. Notwithstanding Red Deer’s submission that no form of vacancy rate was attributed to its FTEs over the test periods, the AUC determined that Red Deer did have a history of periods where vacant positions existed.
ENMAX Power Corporation 2017 Capital Tracker True-Up Application (AUC Decision 23694-D01-2019)
The AUC approved the NSA as filed. Accordingly, the resultant 2017 K factors (including placeholder amounts for two projects excluded from the NSA) were approved for inclusion in ENMAX’s performance-based regulation (“PBR”) rates for the 2018-2022 PBR plan period.
AltaLink Management Ltd. 2014 and 2015 Deferral Accounts Reconciliation Application (AUC Decision 22542-D02-2019)
The AUC did not approve the full amount of the rate base addition amounts requested by AltaLink for all projects in the application. AltaLink was directed to file a compliance application to reflect the capital addition amounts approved by the AUC.
AltaGas Utilities Inc. 2017 Capital Tracker True-Up Application (AUC Decision 23623-D01-2018)
In this decision, the AUC considered AltaGas Utilities Inc. (“AltaGas”)’s 2017 capital tracker true-up application. The AUC approved the 2017 K factor true-up amount of $644,176. The AUC further approved the refund of this amount through AltaGas’ 2019 annual PBR rates.
ATCO Electric Ltd. 2017 Performance-Based Regulation Capital Tracker True-Up (AUC Decision 23739-D01-2018)
In this decision, the AUC approved ATCO Electric Ltd. (“ATCO Electric”)’s 2017 K factor true-up collection amount of $8.9 million to be collected from customers in its 2019 Performance-Based Regulation (“PBR”) annual rates.
TransCanada PipeLines Limited Application for Approval of 2018 to 2020 Mainline Tolls (NEB Decision RH-001-2018)
In this decision, the NEB considered TransCanada PipeLines Limited (“TransCanada”)’s application for approval of tolls for January 1, 2018 to December 31, 2020 and associated approvals (the “Application”). The Application was made pursuant to Parts I and IV of the National Energy Board Act (“NEB Act”) and certain directives in the NEB Decision RH-001-2014 and Order TG-010-2014. The NEB approved the Application as applied for, with the exception of directing TransCanada to return 100 percent of the Long-Term Adjustment Account (“LTAA”) balance to shippers in the 2018-2020 period using the over-collection method.
Alberta Electric System Operator 2019 Balancing Pool Consumer Allocation Rider F (AUC Decision 24037-D01-2018)
The AUC approved the applied-for 2019 Balancing Pool Consumer Allocation Rider F without modification, finding that all substantive aspects of the applied-for Rider F were unchanged from the 2018 Rider F.
Alberta Electric System Operator 2016 Deferral Account Reconciliation (AUC Decision 23802-D02-2018)
The AUC approved the deferral account balances and the net deferral account surplus amount of $26.2 million.
Blazer Water Systems Ltd. 2019-2020 General Rate Application (AUC Decision 22319-D01-2018)
The AUC approved the continuation of Blazer’s current rates on an interim refundable basis, as of January 1, 2019. The difference between the interim and final rates approved will either be collected from customers or refunded to customers.
ENMAX Power Corporation 2017 Annual Transmission Access Charge Deferral Account True-Up (AUC Decision 23817-D01-2018)
The AUC approved ENMAX’s 2017 transmission access charge deferral account rider, effective January 1, 2019.
FortisAlberta Inc. 2017 Annual Transmission Access Charge Deferral Account True-Up (AUC Decision 23834-D01-2018)
The AUC approved a net refund of $10.927 million, as calculated by Fortis and the resulting true-up amount for each rate class.
EPCOR Distribution & Transmission Inc. 2018-2019 Transmission Facility Owner Tariff Application (AUC Decision 23165-D01-2018)
In this decision, the AUC considered an application by EPCOR Distribution and Transmission Inc. (“EPCOR”) requesting approval of its transmission facility owner (“TFO”) tariff for the 2018-2019 test years.
The AUC did not approve the requested revenue requirement of EPCOR for the years 2018-2019. The AUC ordered EPCOR to refile its application by November 15, 2018.
EPCOR Distribution & Transmission Inc. 2018-2019 Transmission Facility Owner Tariff Application (AUC Decision 23165-D01-2018)
In this decision, the AUC considered an application by EPCOR Distribution and Transmission Inc. (“EPCOR”) requesting approval of its transmission facility owner (“TFO”) tariff for the 2018-2019 test years.
The AUC did not approve the requested revenue requirement of EPCOR for the years 2018-2019. The AUC ordered EPCOR to refile its application by November 15, 2018.
Rebasing for the 2018-2022 Performance-Based Regulation Plans for Alberta Electric and Gas Distribution Utilities Second Compliance Proceeding (AUC Decision 23355-D02-2018)
In this decision, the AUC considered the second compliance filing for the interim notional 2017 revenue requirement and 2018 base K-bar for the 2018-2022 performance-based regulation (“PBR”) plans for the following Alberta electric and gas distribution utilities:
· AltaGas Utilities Inc.,
· ATCO Electric Ltd. (distribution),
· ATCO Gas and Pipelines Ltd. (distribution),
· ENMAX Power Corporation (distribution) (“ENMAX”),
· EPCOR Distribution & Transmission Inc. (distribution) (“EPCOR”), and
· FortisAlberta Inc. (“Fortis”)
(collectively, the “Distribution Utilities”).
While the AUC accepted the general principles and methodologies utilized by each of the Distribution Utilities for calculating their respective 2018 PBR rates, the AUC did not approve any specific rates in this decision since the directions throughout this and other decisions would result in changes to 2018 rates.
EPCOR Energy Alberta GP Inc. 2018-2020 Non-Energy Regulated Rate Tariff Application (AUC Decision 22853-D01-2018)
In this decision, the AUC considered EPCOR Energy Alberta GP Inc.’s (“EPCOR”) 2018-2020 non-energy regulated rate tariff (“RRT”) for service in the EPCOR Distribution & Transmission Inc. (“EDTI”) and FortisAlberta Inc. (“Fortis”) service territories.
The AUC approved EPCOR’s forecast customer site counts, operating costs, corporate services costs, property taxes, hearing cost deferral account, and depreciation expense subject to certain directions which EPCOR was directed to address in a compliance filing.
The AUC approved EPCOR’s terms and conditions effective October 4, 2018.
Direct Energy Regulated Services 2017-2018 Default Rate Tariff and Regulated Rate Tariff Compliance Filing to Decision 22004-D01-2018 (AUC Decision 23748-D01-2018)
In this decision, the AUC considered Direct Energy Regulated Services’ (“DERS”) compliance filing application, pursuant to the AUC’s order in Decision 22004-D01-2018 (the “Original Decision”).
The AUC found that DERS complied with the applicable directions from the Original Decision. The AUC approved the default rate tariff (“DRT”) and the regulated rate tariff (“RRT”) revenue requirements for 2017 and 2018, as filed.
The AUC did not approve any of the DRT or RRT interim rate true-up amounts also requested by DERS as part of its compliance filing. The AUC directed DERS to file a separate application to finalize its DRT and RRT interim rate true-up amounts after it completed billing on interim rates up to September 30, 2018.
Town of Coaldale Appeal Pursuant to Section 43 of the Municipal Government Act (AUC Decision 23159-D01-2018)
In this decision, the AUC considered an appeal by Ms. Eleanor Britz, Ms. Nadine Britz, and Mr. Doug Shields (the “Complainants”) pursuant to sections 43(2)(a), (b), and (c) of the Municipal Government Act (“MGA”) regarding certain water, drainage, sewer, and waste management service charges imposed by the Town of Coaldale (“Coaldale”).
For the reasons summarized below, the AUC found that the water, drainage and sewer service charges disputed in this appeal did not conform to the public utility rate structure established by Coaldale.
The AUC found that the grounds of appeal in relation to waste management service charges were not established and dismissed this part of the appeal.
FortisAlberta Inc. – Application for Orders Confirming Boundaries of FortisAlberta Inc. Exclusive Municipal Franchise Areas (AUC Decision 22164-D01-2018)
In this decision, the AUC granted FortisAlberta’s requested alterations to rural electrification associations (“REAs”) service areas that overlapped with the municipal franchise areas granted to FortisAlberta. However, the AUC decided not to order an immediate transfer of existing REA facilities and customers in the annexed (formerly overlapping) areas in the absence of a municipal bylaw requiring those customers to connect to FortisAlberta. In the AUC’s view, in the absence of such a bylaw, existing REA facilities in the formerly overlapping areas would eventually transition to FortisAlberta because of the altered service areas.
FortisAlberta Inc. – Compliance Filing to Decision 22741-D01-2018 (AUC Decision 23372 – D01-2018)
In this decision, the AUC considered FortisAlberta Inc.’s (“FortisAlberta”) compliance filing to Decision 22741-D01-2018 (the “Original Decision”). In the Original Decision, the AUC considered FortisAlberta’s application for approval of its 2016 performance-based regulation (“PBR”) capital tracker true-up and directed FortisAlberta to provide additional information and calculations in a compliance filing.
NOVA Gas Transmission Ltd. Application for Approval of 2018-2019 Revenue Requirement Settlement and Final 2018 Rates, Tolls, Charges and Abandonment (NEB Letter Decision and Order TG-004-2018)
On 23 March 2018 NOVA Gas Transmission Ltd. (“NGTL”) filed an application for approval of the 2018-2019 Revenue Requirement Settlement (the “Settlement”) and Final 2018 Rates, Tolls, Charges and Abandonment Surcharges for the NGTL System (the “Application”).
The NEB approved the 2018-2019 Settlement, as filed as a package, and the applied-for final 2018 tolls and 2018 abandonment surcharges.
Direct Energy Regulated Services – 2017-2018 Default Rate Tariff and Regulated Rate Tariff (AUC Decision 22004-D01-2018)
Direct Energy Regulated Services (“DERS”) is a business unit of Direct Energy Marketing Limited (“DEML”) and performs the natural gas default rate tariff (“DRT”) and electricity regulated rate tariff (“RRT”) functions in the service territories of ATCO Gas and Pipelines Ltd. (“ATCO Gas”) and ATCO Electric Ltd. (“ATCO Electric”), respectively.
In this decision, the AUC considered, DERS’ application requesting approval of its 2017-2018 DRT and RRT tariff for the January 1, 2017, to December 31, 2018 period (“Test Period”).
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd. – Z Factor Application for Recovery of 2016 Regional Municipality of Wood Buffalo Wildfire Costs (AUC Decision 21608-D01-2018)
In this decision, the AUC considered ATCO Gas, a division of ATCO Gas and Pipelines Ltd.’s (“ATCO”) application to recover $11.199 million through a Z factor rate adjustment for the costs it incurred as a result of the 2016 Regional Municipality of Wood Buffalo wildfire (the “Wildfire”).
The AUC determined that:
(a) for 2016, all five of the criteria to qualify for a Z factor rate adjustment had been met;
(b) the Wildfire was of a similar nature and magnitude to other nature-related events identified in ATCO Gas’ 2009 depreciation study; and
(c) the Wildfire did not give rise to an extraordinary retirement of the destroyed assets.
Therefore, the depreciation expense associated with the assets that were replaced would continue to be recovered from ratepayers.
NOVA Gas Transmission Ltd. – North Montney Mainline Variance Application and Sunset Clause Extension Request (NEB Decision MH-031-2017)
The NEB found that there was a need for the facilities described in the Variance Application (the “NMML Facilities”) and that the NMML Facilities were economically feasible.
The Board found that approving NGTL’s existing tolling methodology for the NMML Facilities over the long-term would not result in just and reasonable tolls, due to the lack of adherence to the cost causation principle and goal of economic efficiency.
Town of Devon – Appeal of Water Rates by Imperial Enterprises Inc. (AUC Decision 22785-D01-2018)
In this decision, the AUC considered a complaint by Imperial Enterprises Inc. (“Imperial”) regarding an increase in water rates by the Town of Devon (“Devon”).
The AUC found that the Devon improperly imposed the increased water rates and, therefore disallowed those increased rates.
EPCOR Energy Alberta GP Inc. – 2018-2021 Energy Price Setting Plan (AUC Decision 22357-D01-2018)
Energy Alberta GP Inc. (“EEA”) is required to file monthly energy rates with the AUC. These monthly energy rates are determined under the Electric Utilities Act (“EUA”), in accordance with the Regulated Rate Option Regulation (the “RRO Regulation”), and the applicable AUC approved energy price setting plan (“EPSP”).
In this decision, the AUC considered EEA’s application requesting approval of a proposed EPSP for the term of May 1, 2018, to April 30, 2021.
ATCO Pipelines – Compliance Application to Decision 22011-D01-2017, 2017-2018 General Rate Application (AUC Decision 22986-D01-2018)
On August 29, 2017, the Commission issued Decision 22011-D01-2017, in which it directed ATCO Pipelines, a division of ATCO Gas and Pipelines Ltd. (“ATCO”) to file a compliance application in accordance with the findings and specific AUC directions set out in Decision 22011-D01-2017.
NEB Examination to Determine Whether to Undertake an Inquiry of the Tolling Methodologies, Tariff Provisions and Competition in Northeast British Columbia (NEB Examination Decision)
On January 26, 2017, the NEB Chairperson authorized Board Member L. Mercier to initiate an examination to determine whether an inquiry of the tolling methodologies or tariff provisions of one or more of the Group 1 NEB-regulated natural gas pipeline companies operating in Northeast BC was warranted.
ATCO Electric Ltd. – 2016 Performance-Based Regulation Capital Tracker True-Up (AUC Decision 22788-D01-2018)
In this decision, the AUC considered ATCO Electric Ltd.’s (“ATCO Electric”) 2016 capital tracker true-up.