Edited by Paul H. Harricks

In this issue:

  • Hydro One's Acquisition of Norfolk Power, and the "public interest"
  • To Own or Not to Own
  • Another Landmark Ruling on the Ostrander Point Wind Energy Project: Court sets aside Tribunal Decision; dismisses renewable energy appeals; and restores the renewable energy approval

Hydro One's Acquisition of Norfolk Power, and the "public interest"

By: Ian A. Mondrow

In January I commented on Hydro One's application to the Ontario Energy Board for regulatory approval to acquire Norfolk Power distribution. The Board had been asked by a ratepayer intervenor, with the support of a group of three electricity distributor intervenors (Essex Powerlines, Bluewater Power Distribution and Niagara-on-the-Lake Hydro), to direct further disclosure by Hydro One and Norfolk Power, and effectively to provide guidance on what is within "the public interest" test that will be applied by the Board to determine whether the transaction should be approved. The Board's decision has been issued, and it provides clarification, to some extent.

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To Own or Not to Own

By: David J. McFadden QC

David McFadden delivered a keynote address on February 27, 2014 to attendees of the CCRE Conference on Municipal Governance. He reviews the policy, business and governance issues, which are relevant for consideration by electricity distributors and their municipal owners when deciding whether to retain ownership, sell, buy or merge.

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Another Landmark Ruling on the Ostrander Point Wind Energy Project: Court sets aside Tribunal Decision; dismisses renewable energy appeals; and restores the renewable energy approval

By: Rodney Northey and Gatlin Smeijers

On February 20, 2014, an Ontario Court set aside the 2013 decision of the Environmental Review Tribunal over the Ostrander Point Wind Energy Project. That 2013 decision was notable for being the first decision to grant an appeal of a renewable energy approval (REA) under Ontario's 2009 Green Energy laws, and basing its decision on endangered species concerns.

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