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 […]
Readers of a certain age learned as infants that “transmission is a natural monopoly.” If so, then “transmission competition” is an oxymoron, right? Wrong, said FERC. In Order 1000, FERC directed incumbent transmission owners to delete the contract clauses they […]
As energy costs in Ontario have continued to rise, the effective representation of consumers in regulatory rate-setting procedures and other hearings has become increasingly important. This Policy Brief reviews recent developments in the representation of consumer interests in regulatory procedures […]
Introduction1 Public policy on decarbonisation is driven to a large degree by specific carbon targets put forth by politicians and policy makers. In Western economies, this often involves targeted reductions of total output of atmospheric carbon, though such reductions are […]
TransCanada’s proposed Energy East pipeline (“the project”) may experience yet another challenge as it will likely undergo an environmental impact assessment and review (“EIAR”) by Quebec’s Bureau d’audience publique sur l’environnement (“BAPE”), as required by the province’s Environment Quality Act […]