On January 20, 2017, the British Columbia Utilities Commission (BCUC) released its decision in a BC Hydro Rate Design Application (the Decision).1 The Decision addresses a number of issues related to how BC Hydro sets its rates, and will be […]
On October 7, 2016, the Alberta Utilities Commission (AUC or Commission) confirmed it has no jurisdiction to consider or assess the adequacy of Crown consultation with Aboriginal groups that may be affected by a project under review. The ruling was issued […]
Overview The Ontario Court of Appeal’s decision in Iroquois Falls Power Corporation v Ontario Electricity Financial Corporation2 (“Iroquois Falls”) suggests that the bar for successfully appealing findings of contractual interpretation may be at its highest in the context of certain […]
Within the last year, the Nova Scotia Utility and Review Board (“UARB”) decided two cases involving appeals to the UARB of wind energy projects being developed under Nova Scotia’s Community Feed-In Tariff (“COMFIT”) Program. The COMFIT Program was established by […]
In Gitxaala Nation v Canada (“Northern Gateway”, or “FCA decision”)2, a 2-to-1 majority of the Federal Court of Appeal quashed the June 2014 Order in Council that required the National Energy Board (“NEB” or “Board”) to issue Certificates of Public […]
On March 10, 2016 a panel of the Supreme Court of Canada comprising Chief Justice McLachlin, and Justices Moldaver and Gascon granted leave (with costs in the cause) in Chippewas of the Thames First Nation v Enbridge Pipelines Inc1 (hereafter […]
Due to generation shortages in transmission-constrained areas, PJM capacity auctions were producing high wholesale prices in Maryland. The Maryland Commission designed a three-part solution: (1) Select through competition a wholesale generator to serve in the constrained area. (2) Order Maryland’s […]
On July 27, 2015 the Alberta Utilities Commission released the first contested Canadian decision involving energy market manipulation. The 217 page decision1 followed a three year investigation and a three-week hearing. This is not the first decision on this topic. […]
1. Introduction The last quarter of 2015 was a busy one in respect of judicial activity of interest to Alberta utilities: a decision by the Alberta Court of Appeal (ABCA); two decisions by the Supreme Court of Canada; and two […]