The Duty to Disclose Information to Energy Regulators in Canada and the United States


Energy Bar Association, Canadian Chapter, October 28 2022


A recent decision of the Alberta Utilities Commission and a recent policy development at FERC reinforce an important principle of public utility law — regulated companies have a responsibility and a duty to disclose all relevant information to the regulator. In June of 2022 the AUC issued a decision approving a negotiated settlement reached between enforcement staff and ATCO Electric ordering ATCO to pay an administrative penalty of $31 million as a result of breaching its duty to disclose relevant facts and other important information to the regulator. On July 28, 2022 FERC proposed a new rule that would significantly expand the existing “duty of candor” rule to apply to all FERC jurisdictional entities. The current rule was limited in its application to “sellers” of power at market based rates. The session explores the application and increasing importance of the duty to disclose and its implications for lawyer, regulators, utilities and market participants in North America.


Gordon Kaiser
Arbitrator, Mediator and Counsel at Energy Law Chambers in Toronto.

Former Vice Chair, Ontario Energy Board, and former Market Surveillance Administrator, Province of Alberta.


Justin Safayeni
Partner, Stockwoods ,Toronto.

Hon. Joseph T. Kelliher
Arbitrator, Mediator and Expert at FedArb in Washington DC.

Former Chair, Federal Energy, Regulatory Commission and former Executive Vice President, NextEra Energy.

Glenn Zacher
Partner, Stikeman Elliott, Toronto.


A recording of the webinar can be access here:



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