Category Archives: Energy

Auditor General Updates Recommendations Unaddressed by the AER on the Effectiveness of Regulating Closure Liabilities in Conventional (Non-Oil Sands) Oil and Gas

By: Shaun Fluker, Drew Yewchuk, and Martin Olszynski

Report commented on: Report of the Auditor General – December 2023

PDF Version: Auditor General Updates Recommendations Unaddressed by the AER on the Effectiveness of Regulating Closure Liabilities in Conventional (Non-Oil Sands) Oil and Gas

Earlier this month, the Auditor General of Alberta filed a report under section 19 of the Auditor General Act, RSA 2000, c A-46, with the Legislative Assembly. The Report includes a summary of 113 recommendations the Auditor General has made to the government since November 2022, including those made by the Auditor General in March 2023, directing the Alberta Energy Regulator (AER) to improve performance of the management and regulation of end-of-life oil and gas liabilities in the conventional (non-oil sands) sector. The December 2023 report indicates that none of the 9 recommendations made to the AER in March are ready for reassessment. In other words, the AER has not yet taken sufficient action. Continue reading →

How Land Use Issues Factor into Alberta Utilities Commission Reviews of Renewable Energy Power Plants

By: Michael Wenig

Matter Commented On: Land use issues in the AUC’s “Inquiry into the ongoing economic, orderly and efficient development of electricity generation in Alberta – Module A”

PDF Version: How Land Use Issues Factor into Alberta Utilities Commission Reviews of Renewable Energy Power Plants

This post calls attention to a Briefing Note I recently wrote, on how the Alberta Utilities Commission (“the Commission”) considers land use issues when deciding whether to approve renewable energy power plants. The Commission is considering these land use issues as part of its current inquiry into the “ongoing economic, orderly and efficient development of electricity generation in Alberta.” Continue reading →

Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

By: Martin Olszynski

Matter commented on: Proceeding: 28501 – Inquiry into the ongoing economic, orderly, and efficient development of electricity generation in Alberta – Module A

PDF Version: Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

On August 3, 2023, the Alberta Utilities Commission (AUC) initiated an inquiry into the ongoing economic, orderly, and efficient development of electricity generation. As has been my practice in such matters (see e.g. here), what follows is my own submission to the AUC, dated December November 20, 2023, modified only for formatting purposes. Continue reading →

Transmission Policy in Alberta

By: Nigel Bankes

Document commented on: Alberta, Ministry of Affordability and Utilities, Transmission Policy Review: Delivering the Electricity of Tomorrow, A Green Paper, October 23, 2023

PDF Version: Transmission Policy in Alberta

The Ministry of Affordability and Utilities is currently engaged in a short-fuse consultation on important questions of transmission policy in Alberta. Existing policy in Alberta is informed by a policy paper issued in 2003 that was implemented through provisions of the Electric Utilities Act, SA 2003, c E-5.1 (EUA) and amendments to the Transmission Regulation initially adopted in 2004: Alta Reg 86/2007 (TReg). The principal vehicle for the current consultation is what the Ministry describes as a ‘Green Paper’, Transmission Policy Review: Delivering the Electricity of Tomorrow. As the Green Paper acknowledges, the world has changed significantly since 2003 and it is important to reflect on whether the policy choices made two decades ago are still appropriate given developments in technology, generation mix, and energy and climate policy. Continue reading →

Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

By: Drew Yewchuk

Regulatory Documents Commented on: AER Bulletin 2023-36: Invitation for Feedback on Proposed New Requirements for Rock-Hosted Mineral Resource Development; Draft Directive 0XX: Rock-Hosted Mineral Resource Development

PDF Version: Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

Despite the Alberta Energy Regulator (AER)’s poor reputation and history of scandals, the Alberta government expanded the role of the AER to include a broader role in regulating mining operations. In March 2023 changes to the Responsible Energy Development Act, SA 2012, c R-17.3 gave the AER new powers to regulate almost all types of mining under the Mineral Resource Development Act, SA 2021, c M-16.8. In my view, expanding the mandate and role of the AER is a mistake given their institutional failures and the public’s justified low confidence in the AER. Continue reading →