Searching Content indexed under Environment by Patrick Duffy ordered by Published Date Descending.
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Ostrander Point Wind Project Gets Green Light From Ontario Divisional Court
On February 20, 2014 the Divisional Court released its decision in Ostrander Point GP Inc. v. Prince Edward County Field Naturalists.
3 Mar 2014
Appeal Of South Kent Wind Project's Approval Rejected
The Environmental Review Tribunal (ERT) recently issued its first major decision of a renewable energy approval appeal related to human health concerns since Erickson v Director, Ministry of Environment
18 Dec 2012
Ontario Court Denies Distributor Recovery Of $15 Million In Deferred Costs In Absence Of A Prudency Review
The Ontario Divisional Court recently dismissed an appeal by Great Lakes Power Limited (GLP) of a decision of the Ontario Energy Board, in which the Board refused to allow GLP to collect nearly $15 million that GLP voluntarily deferred between 2002 and 2007, but that had never been subject to a prudency review by the Board.
12 Aug 2009
OEB Confirms Inherent Jurisdiction To Review Unfairness
In a recent Union Gas application, the Ontario Energy Board (OEB) confirmed that it retains inherent jurisdiction to review the operation of earnings share mechanisms even if the parties to a settlement agreement have not agreed to an explicit review procedure.
17 Jun 2009
Energy Regulators May Be Held Responsible For Assessing The Sufficiency Of Aboriginal Consultation
In our October 2008 "Energy Update", we discussed the decision by the Ontario Energy Board (OEB) to limit its review of the adequacy of Aboriginal consultation in the Bruce to Milton leave-to-construct proceeding and defer certain issues to the environmental assessment process.
6 May 2009
Utilities Must Disclose Contemplated Corporate Reorganizations
In a recent decision concerning Union Gas Limited, the Ontario Energy Board ruled that a utility has a duty to disclose, as part of its rate application, any contemplated corporate reorganizations that have a "real prospect" of proceeding, even if the utility's board has not yet granted final approval.
5 Dec 2008
Ontario Regulator Rules That Aboriginal Consultation Need Not Be Completed Before Regulatory Approval Granted
Electricity transmitters developing new transmission lines in Canada face considerable uncertainty over the duty to consult with Aboriginal communities.
5 Nov 2008
Ontario Court Rules Regulator May Consider Ability To Pay In Rate-Setting
The Ontario Divisional Court recently ruled in Advocacy Centre for Tenants-Ontario v. Ontario Energy Board that the Ontario Energy Board (OEB) has the authority to implement a low-income affordability plan as part of its rate-setting function.
3 Jul 2008
Review Sought Of Boardís Decision To Forbear From Regulating Gas Storage
The Ontario Energy Board has received three motions to review its November 7, 2006 decision on regulatory forbearance in the Natural Gas Electricity Interface Review Proceeding, EB-2005-0551. The Boardís decision in the NGEIR Proceeding is significant because it is the first time the Board has considered regulatory forbearance under subsection 29(1) of the Ontario Energy Board Act and the decision could set the course for future forbearance applications.
2 Mar 2007
New Regulations Concerning Smart Meters
As part of its conservation strategy, the Ontario provincial government has established targets for the installation of 800,000 smart meters by December 31, 2007 and installation of smart meters for all Ontario customers by December 31, 2010.
7 Nov 2006
OEB Approves Reliability Must-Run Contract For The Lennox Generating Station
The Ontario Energy Board recently approved a reliability must-run contract. Reliability must-run contracts allow the IESO to instruct a generator to operate a facility in specific ways in order to maintain the reliability of the electricity system.
5 Jun 2006
Supreme Court Limits Regulatorís Jurisdiction Over Proceeds Of A Discarded Utility Asset Sale
A recent decision of the Supreme Court of Canada could have important implications for the interaction of regulatory powers with the private property rights of a utility and limit the scope of a regulatorís condition-making power.
26 Mar 2006
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