Author: Nigel Bankes Page 34 of 89

By: Nigel Bankes

PDF Version: Regulated Tolls in the Competitive Environment of Northeast British Columbia: NEB Issues Directions to NGTL and Westcoast

Decision Commented On: National Energy Board Examination to Determine Whether to Undertake an Inquiry of the Tolling Methodologies, Tariff Provisions and Competition in Northeast British Columbia: Examination Decision, March 8, 2018

As noted in a post this time last year, the chair of the National Energy Board (NEB, the Board) decided to appoint a single Board member, Lyn Mercier, to conduct an examination to determine whether to conduct an Inquiry into the Tolling Methodologies, Tariff Provisions and Competition in Northeast British Columbia. Ms. Mercier submitted her Report to the Board on February 22, 2018 and the Board has now released its “Examination Decision” under the signature of the Board’s secretary.

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By: Nigel Bankes

PDF Version: Power Purchase Arrangement Litigation Comes to an End

Matter Commented On: Government of Alberta Press Release, March 9, 2018

The Government of Alberta issued a Press Release on March 9, 2018 indicating the Government and ENMAX “have agreed to withdraw ENMAX from the Power Purchase Arrangement (PPA) legal action initiated in 2016 by the Attorney General”. The agreement apparently “provides for the transfer from ENMAX to the Balancing Pool of 166,667 carbon offset credits and for a payment of equivalent value to ENMAX from the Balancing Pool for previously disputed and unpaid dispatch services and PPA transition matters”. The release goes on to note that “With this agreement, the legal action between the Government of Alberta, ENMAX and the remaining parties will be ended”.

ABlawg has published numerous posts on the PPA litigation (see here, here, here, here, here, and here) and there is a nice summary of the history of the litigation on the blog of the Alberta Power Market, a very informative blog prepared by members of the Electricity Markets Group of Borden Ladner Gervais LLP.

This post may be cited as: Nigel Bankes “Power Purchase Arrangement Litigation Comes to an End” (14 March, 2018), online: ABlawg, http://ablawg.ca/wp-content/uploads/2018/03/Blog_NB_PPA_Litigation_Ends.pdf

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By: Nigel Bankes

PDF Version: Some Things Have Changed but Much Remains the Same: the New Canadian Energy Regulator

Bill Commented On: Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

Given the discussions over the last year as to the future of the National Energy Board (see posts here and here) it is hardly surprising that Part 2 of Bill C-69 takes the form of an entirely new Act to be known as the Canadian Energy Regulator Act (CERA) rather than a set of amendments to the existing National Energy Board Act, RSC 1985, c N-7. This no doubt creates the impression that the new Bill represents a wholesale replacement of the NEB rather than mere tinkering. This post examines whether this is indeed the case by examining in some more detail what has changed and what remains the same. My focus is Part 2 of Bill C-69. My colleague Martin Olszynski has already provided a post on Part 1 of the Bill, the proposed new Impact Assessment Act (IIA) as well as the amendments to the Fisheries Act.

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