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Energy – Power Regulatory

The Canadian electricity power sector faces intense scrutiny from regulators and other stakeholders. As the sector’s forces of change accelerate, regulatory structures and customer expectations are evolving.

Given Canada’s complex network of regulations and strict environmental laws, it’s essential to have a specialized legal team who can anticipate risk, protect your interests and build your bottom line.

We advise clients across a range of technologies, including:

  • wind
  • solar
  • natural gas
  • nuclear
  • geothermal
  • combined cycle
  • cogeneration
  • water power
  • biomass
  • biofuels
  • district energy

We provide advice on:

  • legislation
  • regulations
  • statutes
  • legal risks
  • breach of contract
  • clearing regulatory hurdles
  • acquiring permits
  • completing environmental assessments

Our lawyers have represented clients before the sector’s federal and provincial regulators, including:

  • the National Energy Board
  • the Alberta Energy Regulator
  • the Alberta Utilities Commission
  • the Ontario Energy Board
  • the British Columbia Utilities Commission
  • the Manitoba Public Utilities Board
  • the Surface Rights Board
  • the Land Compensation Board
  • the Northwest Territories Public Utilities Board
  • the Yukon Board
  • the Yukon Water Board

We have in-depth knowledge of public policy frameworks and actively participate in Canadian distribution industry associations. We have served as regulatory counsel to key government agencies, including the Independent Electricity System Operator (IESO) in Ontario and the Alberta Electric System Operator (AESO). We also appear at appeal and review proceedings before provincial appellate court, the Supreme Court of Canada and regulatory agencies across Canada. We have advised on transmission matters in British Columbia and represent a major Alberta-based transmission owner on regulatory proceedings. We’ve participated in almost every major hearing on electricity-related matters before the OEB since the early 1990s.

We’ve represented clients in applications including:

  • a Manitoulin Island wind farm with a 10 km connection to the grid
  • a transformer station and its associated facilities
  • a 30 km transmission line connecting a wind farm in the Grand Bend area to the grid

Experience

  • AltaLink LP on multiple matters, including:
    • its application for approval of approximately $3.8 billion in capital expenditures.
    • approval of its revenue requirement for the test years 2019 – 2021.
    • an Alberta Utilities Commission proceeding to determine the allowed return on equity and approved deemed equity ratios for Alberta utilities.
  • The Government of Alberta in all regulatory aspects of a major power facility application to the Alberta Utilities Commission (AUC).
  • Alberta Market Surveillance Administrator (MSA):
    • in completing significant regulatory advocacy work.
    • in its role as Alberta’s electricity market watchdog, including advising on investigatory and jurisdictional matters, and significant regulatory hearings before the AUC in matters of market participant conduct and market rules. This includes conducting the leading case on electricity market manipulation and trading on non-public records.
  • Capital Power Corporation in all aspects of the Alberta Electric System Operator’s (AESO) 2018 tariff application.

Key Contacts

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