In this letter decision, the NEB considered Maritimes & Northeast Pipeline Management Ltd. (“M&NP”) application for approval of a new load retention service and toll (the “Application”).
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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.
Maritimes & Northeast Pipeline Management Ltd. – Application for Approval of MNLRS-IOL Service and Toll (NEB Decision RHW-001-2017)
In this letter decision, the NEB considered Maritimes & Northeast Pipeline Management Ltd. (“M&NP”) application for approval of a new load retention service and toll (the “Application”).
ENMAX Power Corporation – 2014 Distribution and 2014-2015 Transmission Deferral Account Reconciliation (AUC Decision 22089-D01-2018)
In this decision, the AUC considered ENMAX Power Corporation’s (“ENMAX”) application for the disposition of certain 2014 distribution and 2014-2015 transmission deferral account balances (the “Application”).
EPCOR Distribution & Transmission Inc. – 2016 Performance-Based Regulation Capital Tracker True-Up (AUC Decision 22672-D01-2018)
In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR”) 2016 capital tracker true-up application.
EPCOR Distribution & Transmission Inc. – 2016 Performance-Based Regulation Capital Tracker True-Up (AUC Decision 22672-D01-2018)
In this decision, the AUC considered EPCOR Distribution & Transmission Inc.’s (“EPCOR”) 2016 capital tracker true-up application.
TransCanada PipeLines Limited – Application for Approval of Dawn Long Term Fixed Price Service (NEB Decision RH-003-2017)
On 26 April 2017, TransCanada PipeLines Limited (“TransCanada”) filed an application under Parts I and IV of the National Energy Board Act (“NEB Act”) (the “Application”), requesting the NEB approve:
(a) the Dawn Long Term Fixed Price (“LTFP”) service (the “Dawn LTFP Service” or “Service”);
(b) the tolling methodology and tolls for the Service; and
(c) consequential amendments to the Canadian Mainline Gas Transportation Tariff.
The NEB approved the Application as filed.
The NEB directed TransCanada to separately track and report annually the actual costs and revenues related to Dawn LTFP service and to provide, in all future toll proceedings, disaggregated information to support the prudence of Dawn LTFP service-related TBO costs.
AltaGas Utilities Inc. – 2016 Capital Tracker True-Up Application (AUC Decision 22710-D01-2017)
In this decision, the AUC considered AltaGas Utilities Inc.’s (“AltaGas”) 2016 capital tracker true-up application (the “Application”).
In this decision, the Commission made the following determinations:
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because three projects, Drumheller Phase 6 (town), Settler Area 1 (town), and Erskine (rural) were not previously determined by the AUC to be needed, the AUC assessed these projects and found all three to be needed.
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the actual scope, level, timing and actual costs of each of the projects or programs included in the 2016 true-up were prudently incurred and satisfied the project assessment requirement of Criterion 1.
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the capital tracker projects or programs included in the 2016 true-up continued to meet the requirements of the accounting test under Criterion 1.
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there was no need to reassess the project or program requirements against Criterion 2, unless the driver for the project or program had changed.
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the projects or programs included in the 2016 true-up satisfied the materiality requirement under Criterion 3.
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with one exception (discussed below), the AUC found that AltaGas complied with previous Commission directions.
TransAlta Corporation – 2015-2016 Transmission General Tariff Application (AUC Decision 22651-D01-2017)
On May 12, 2017, TransAlta Corporation, as Manager of the TransAlta Generation Partnership (“TransAlta”), filed an application with the Commission requesting approval of its 2015-2016 General Tariff Application (“GTA”) (the “2015-2016 GTA” or “Application”).
In the Application, TransAlta requested the AUC approve:
(a) a revenue requirement of $4.79 million for 2015;
(b) revenue requirement of $6.14 million for 2016
(c) transmission facility owner (TFO) terms and conditions of service (T&Cs) for 2015 and 2016; and
(d) reconciliation of certain deferral accounts proposed by TransAlta.
In this decision, the AUC approved the Application, subject to certain adjustments and directions summarized below.
Alberta Utilities Commission – Commission-Initiated Proceeding to Review the Terms and Conditions of Service of Regulated Rate Service Providers (AUC Decision 22091-D01-2017)
Download ReportTerms and Conditions of Service – Liability of Rural Landowners for Abandoned Energy Facilities – Farmers Advocate In this decision, the AUC considered proposed amendments to the terms and conditions of service of EPCOR Energy Alberta GP Inc. (“EPCOR”),...
Horse Creek Water Services Inc. – General Rate Application (AUC Decision 21340-D01-2017)
In Decision 21340-D01-2017, the AUC considered Horse Creek Water Services Inc.’s (“HCWS”) general rate application requesting approval of its proposed water rates for 2017 and 2018.
Based on the AUC’s determinations regarding operating, maintenance and administration (“OM&A”) expenses, depreciation, and return on owner-invested capital, the AUC directed HCWS to maintain its current rates, effective as of November 1, 2017.
The AUC further directed that HCWS’ interim rates approved in Decision 20663-D01-2015 be deemed as final.
ATCO Electric Ltd. – 2013 and 2014 Transmission Deferral Accounts and Annual Filing for Adjustment Balances (AUC Decision 21206-D01-2017)
The AUC directed ATCO Electric to refile its application on or before October 24, 2017.
AltaLink Management Ltd. – 2017-2018 General Tariff Application – Negotiated Settlement Agreement (AUC Decision 21341-D01-2017)
The AUC approved the negotiated settlement agreements as filed with the quantum for the refund of surplus accumulated depreciation set at $31.4 million.
ATCO Pipelines – 2017-2018 General Rate Application (AUC Decision 22011-D01-2017)
The AUC directed that ATCO file a compliance filing in accordance with the findings and directions set out in the decision.
AltaLink Management Ltd. – 2015-2016 General Tariff Application Second Compliance Filing (AUC Decision 22378-D01-2017)
The AUC denied AltaLink’s proposal to recapitalize allowance for funds used during construction (“AFUDC”) in the amount of $7.1 million related to cancelled transmission projects. The AUC directed AltaLink to refund $167.1 million related to the amount of return it collected from customers on its CWIP-in-rate base balances over the years 2011-2014, $22.7 million related to the return earned on the accumulated CWIP-in-rate base returns in the years 2011-2014, and $22.4 million related to the return earned on the accumulated CWIP-in-rate base returned in the years 2015-2016.
ENMAX Power Corporation – 2016-2017 Finalization of Deemed Equity Ratio (AUC Decision 22211-D01-2017)
The AUC approved, on a final basis, a deemed equity ratio of 36 per cent for the transmission and distribution operations of ENMAX for 2016 and 2017.
ATCO Utilities – 2014-2018 Pension Application (AUC Decision 21831-D01-2017)
The AUC directed ATCO Gas and Pipelines Ltd. to incorporate the findings of this decision in its compliance filing. The AUC directed ATCO Electric-Transmission to reflect the findings of this decision in its compliance filing.
TransCanada PipeLines Limited Application for Approval of Herbert Long Term Fixed Price Service (NEB Decision RH-002-2017)
Download ReportNatural Gas – TransCanada Mainline – Tolls and Tariff On 4 January 2017, TransCanada Pipelines Limited (“TCPL”) filed, under Parts I and IV of the National Energy Board Act (the “NEB Act”), an application for approval of a new long-term fixed price...
ATCO Gas and Pipelines Ltd. – 2015 Capital Tracker True-up Application (AUC Decision 21843-D01-2017)
The AUC approved the 2015 K factor true-up refund of $2.9 million and $1.8 million in the north and south, respectively, the portions of the 2017 forecast K factor amounts of $0.8 million and $0.5 million in the north and south, respectively, arising from the approval of the 2017 updated SMR forecast, and the portion of the 2014 K factor amount associated with the Alberta Floods program of $0.375 million in the south.
ENMAX Energy Corporation Regulated Rate Option Tariff Terms and Conditions Amendment Application (AUC Decision 22054-D01-2017)
The AUC directed ENMAX to submit, in a compliance filing, a copy of the T&Cs reflecting the findings and directions in this decision, as well as a blacklined version of the T&Cs.
FortisAlberta Inc. April 1, 2017, Performance-Based Regulation Rates (AUC Decision 22415-D01-2017)
The AUC approved Fortis’ 2017 PBR rates as filed, effective April 1, 2017.
EPCOR Distribution & Transmission Inc. April 1, 2017 Recovery Rider J (AUC Decision 22419-D01-2017)
The AUC held that the Recovery Rider J, as applied for, was a fair means of collecting the previously refunded amounts over a reasonable time period. Accordingly, the AUC approved the Recovery Rider J and the associated Combined Rider J, as filed.
EPCOR Distribution & Transmission Inc. April 1, 2017 Recovery Rider J (AUC Decision 22419-D01-2017)
The AUC held that the Recovery Rider J, as applied for, was a fair means of collecting the previously refunded amounts over a reasonable time period. Accordingly, the AUC approved the Recovery Rider J and the associated Combined Rider J, as filed.
ENMAX Power Corporation Distribution Terms and Conditions Compliance Filing (AUC Decision 22141-D01-2017)
ENMAX Power Corporation’s proposed changes to its terms and conditions of service are approved, with the exception of Section 5.5.1 Force Majeure Relief, which is approved on an interim basis, both effective the date of this decision. The interim approval will remain in effect until ENMAX Power Corporation’s next terms and conditions of service application or its next annual performance based regulation rate adjustment filing, whichever occurs first.
Alberta Electric System Operator 2015 Deferral Account Reconciliation (AUC Decision 21735-D02-2017)
The AUC directed the AESO to address whether changes to the deferral account allocation methodology and to Rider C are warranted given the concerns raised by the PS Group, as part of its next ISO tariff application.
ENMAX Energy Corporation 2016-2018 Energy Price Setting Plan (AUC Decision 20448-D01-2017)
The AUC ordered ENMAX Energy Corporation to file a compliance filing to its 2016-2018 energy price setting plan, and include as an attachment to its application a complete energy price setting plan that reflects the findings, directions and conclusions in this decision, by no later than February 28, 2017.
FortisAlberta Inc. 2015 PBR Capital Tracker True-Up (Decision 21538-D01-2017)
The AUC directed FortisAlberta Inc.to file a compliance filing application in accordance with the directions contained within this decision on or before February 27, 2017.
TransCanada Mainline Tariff Amendment Application re Storage Transportation Service, Reasons for Decision (NEB Decision RH-001-2016)
The NEB denied TCPL’s application to amend the Mainline System tariff and eliminate STS-L.
NOVA Gas Transmission Ltd. – Towerbirch Expansion Project (NEB Decision GH-003-2015)
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 and northeast British Columbia (the “Project”) to connect to the NGTL System.
Milner Power Inc. – Complaints regarding the ISO Transmission Loss Factor Rule and Loss Factor Methodology – Phase 2 Module C – Preliminary Issues (AUC Decision 790-D04-2016)
The AUC directed that the AESO file with the AUC a list that includes the contact information for all parties that received an ISO tariff invoice with a loss factor component since January 1, 2006. The AUC directed the AESO to file that information within one month of the decision. The AESO had to file that list by October 28, 2016.
ATCO Electric Ltd. – 2015-2017 Transmission General Rate Application (AUC Decision 20272-D01-2016)
The AUC concluded that a 25% reduction in TCM forecasts was warranted. The AUC directed ATCO to provide a revised breakdown of TCM costs in its compliance filing.
Direct Energy Regulated Services – 2015 Late Payment Penalty Charge Settlement Agreement (AUC Decision 20732-D01-2016)
The AUC approved DERS’ late payment penalty charge application for the refund and recovery of late payment penalty charge amounts through a rate rider. The AUC ordered DERS to cubmit a compliance filing.
ENMAX Power Corporation 2015-2017 Electricity Distribution Performance-Based Regulation Plan – Negotiated Settlement Agreement and Interim X Factor (AUC Decision 21149-D01-2016)
The AUC concluded that the NSA provides a reasonable balance of customer interests from all rate classes. Based on this review – and the fact that no larger commercial or industrial customers filed submissions in opposition of the NSA – the AUC concluded the negotiated settlement process was fair. The AUC did not adopt either of the proposed interim X Factors advanced by EPC or the consumer groups. Instead, the AUC ordered the interim X Factor be set at 0.8 percent, as determined in Decision 2009-035.
ATCO Electric Transmission and ATCO Pipelines Application for ATCO Electric Transmission 2015-2017 and ATCO Pipelines 2015-2016 Licence Fees (AUC Decision 21029-D01-2016)
The AUC found that licence fee payments by the regulated utilities, and indirectly by customers, should not be included in revenue requirement. The AUC therefore denied the application and directed ATCO Electric to reflect the findings of this decision in its compliance filing to its 2015-2017 general tariff application. ATCO Pipelines was directed to remove the licence fees placeholders from its next general rate application.
ATCO Gas and Pipelines Ltd., CU Inc. and Canadian Utilities Limited Disposition of the Calgary Service Centre (AUC Decision 21321-D01-2016)
Download ReportDisposition – Rates ATCO Gas and Pipelines Ltd., CU Inc. and Canadian Utilities Limited (collectively, “ATCO”) applied for approval to sell their Calgary Service Centre (“CSC”) located at 1040 – 11 Avenue S.W. in Calgary, Alberta.ATCO had previously...
City of Lethbridge 2015-2017 Transmission Facility Owner General Tariff Application (AUC Decision 21213-D01-2016)
In light of the directions provided in this decision, the AUC directed Lethbridge to file a compliance filing no later than July 28, 2016.
ATCO Gas and Pipelines Ltd. 2016 Weather Deferral Account (Rider W) Application (AUC Decision 21584-D01-2016)
ATCO Gas and Pipelines Ltd. (“ATCO”) applied for approval of the collection of ATCO Gas North and ATCO Gas South’s weather deferral account (“WDA”), also known as Rider W, balances as of April 30, 2016. ATCO submitted that the balance of the WDA would result in a collection of approximately $28.548 million for ATCO Gas North and $23.394 million for ATCO Gas South.
AltaGas Utilities Inc. Compliance Filing to Decision 20522-D02-2016 (2014 Capital Tracker True-Up and 2016-2017 Capital Tracker Forecast) (AUC Decision 21380-D01-2016)
The AUC aprroved AltaGas’ 2013, 2014, 2016 and 2017 K Factor adjustments as applied for.
EPCOR Distribution & Transmission Inc. Disposition of Substation Property (Decision 21405-D01-2016)
The AUC approved the sale of the Property, as filed.
EPCOR Distribution & Transmission Inc. Disposition of Substation Property (Decision 21405-D01-2016)
The AUC approved the sale of the Property, as filed.
AltaLink Management Ltd. 2015-2016 General Tariff Application (Decision 3524-D01-2016)
The AUC directed AltaLink to file a compliance filing to reflect the findings, conclusions and directions in this decision on or before July 25, 2016.
ATCO Pipelines 2016 Interim Revenue Requirement (Decision 21328-D01-2016)
The AUC approved the monthly interim revenue requirement of $19,918,583 on an interim refundable basis, effective May 1, 2016.
ENMAX Energy Corporation 2015-2016 Regulated Rate Option Non-Energy Tariff Application (AUC Decision 20480-D01-2016)
The AUC directed ENMAX to re-file its 2015-2016 RRO tariff to reflect the AUC’s findings in this decision, and to do so on or before May 30, 2016.
EPCOR Distribution & Transmission Inc. 2015-2017 Transmission Facility Owner Tariff and 2013 Generic Cost of Capital Compliance Application (AUC Decision 21229-D01-2016)
The AUC approved EDTI’s TFO revenue requirements of $93,867,000 for 2015, $99,816,130 for 2016, and $98,591,311 for 2017, as filed. The AUC also approved EDTI’s TFO rates and terms and conditions over the same period, as filed.
EPCOR Distribution & Transmission Inc. 2015-2017 Transmission Facility Owner Tariff and 2013 Generic Cost of Capital Compliance Application (AUC Decision 21229-D01-2016)
The AUC approved EDTI’s TFO revenue requirements of $93,867,000 for 2015, $99,816,130 for 2016, and $98,591,311 for 2017, as filed. The AUC also approved EDTI’s TFO rates and terms and conditions over the same period, as filed.
ATCO Gas and Pipelines Ltd. 2014 PBR Capital Tracker True-Up and 2016-2017 PBR Capital Tracker Forecast (AUC Decision 20604-D01-2016)
The AUC approved ATCO’s 2014 K Factor adjustments for its northern service area of $977,000, and for its southern service area of $645,000 as final. The AUC directed ATCO to propose, in its compliance filing, how the difference between its interim and final rates would be refunded to its customers.
NOVA Gas Transmission Ltd. 2016 and 2017 Revenue Requirement Settlement Application (Letter and Order TG-001-2016)
The NEB held that the settlement would result in just and reasonable tolls, and therefore approved the settlement.
Alberta Electric System Operator 2016 ISO Tariff Update (AUC Decision 21302-D01-2016)
The AUC approved the AESO 2016 ISO Tariff update for Rate DTS, Fort Nelson demand transmission service (Rate FTS), demand opportunity service (“Rate DOS”), export opportunity service (Rate XOS), export opportunity merchant service (Rate XOM), primary service credit (Rate PSC), supply transmission service (Rate STS), Rider J and Section 8 costs for 2016, effective April 1, 2016.
Direct Energy Regulated Services 2012-2016 Default Rate Tariff and Regulated Rate Tariff Compliance Filing (AUC Decision 20785-D01-2016)
The AUC ordered that DERS’ RRT schedules, as well as the terms and conditions were approved on a final basis, effective April 1, 2016.
ATCO Gas and Pipelines Ltd. Z Factor Application for Recovery of 2013 Southern Alberta Flood Costs (AUC Decision 2738-D01-2016)
The AUC approved a Z Factor to ATCO in the amount of $3.121 million for the 2013 Southern Alberta Flood event.
EPCOR Distribution & Transmission Inc. 2013-2014 AESO Deferral Account Reconciliation True-Up Rider (AUC Decision 21290-D01-2016)
The AUC approved EDTI’s proposed Rider J in the amount of a refund of $8.99 million, effective July 1, 2016 to September 30, 2016.