ABLawg

By: Nigel Bankes

PDF Version: Implementing the Capacity Market for Electricity in Alberta: Bill 13 and the AESO’s CMD.2

Bill Commented On: An Act to Secure Alberta’s Electricity Future, Bill 13 [Alberta], first reading, April 19, 2018.

Documents Commented On: AESO, Comprehensive Market Design 2, and the Rationale for the Comprehensive Market Design 2, April 24, 2018

As previously noted on ABlawg, Alberta is in the processing of adding a capacity market to complement the existing energy and ancillary services markets in the electricity sector. This post comments on two recent developments in the field. The first is the release by the Alberta Electric System Operator (AESO) of the second iteration of its Comprehensive Market Design (CMD) for the proposed capacity market (CM). The second is the introduction of An Act to Secure Alberta’s Electricity Future (Bill 13). While this Bill has additional objectives as previously noted, the principal purpose of the Bill is to provide the necessary statutory support for the implementation of the CM.

Law Schools’ Dirty Little Secret

By Alice Woolley

On April 27, 2018

In Legal Education

By: Alice Woolley

PDF Version: Law Schools’ Dirty Little Secret

Left-leaning social justice warriors have captured Canadian law schools. So goes recent commentary in the National Post (see, e.g. recent columns by Barbara Kay, Bruce Pardy and Christie Blatchford). Law profs “espouse and impose a particular set of values or opinions and a way of thinking” (Blatchford, emphasis added).

Alberta Energy Regulator Breaks New Ground on Offsetting of Caribou Habitat

By Dave Poulton

On April 26, 2018

In Energy, Protection of Species

By: Dave Poulton

PDF Version: Alberta Energy Regulator Breaks New Ground on Offsetting of Caribou Habitat

Decision Commented On: TransCanada Pipelines Limited, Applications for the White Spruce Pipeline Project, Fort MacKay Area, February 22, 2018, 2018 ABAER 001

On February 22 the Alberta Energy Regulator (AER) released a decision that could advance Alberta’s seemingly endless discussions on caribou conservation and on conservation offsets. By requiring TransCanada Pipelines Limited (TCPL) to offset the disturbance of habitat in caribou range caused by the construction of 2 new oil pipelines, the AER may have signalled its willingness to show leadership on these files.

Overturning Stores Block and Implementing the Capacity Market

By Nigel Bankes

On April 25, 2018

In Utility Regulation

By: Nigel Bankes

PDF Version: Overturning Stores Block and Implementing the Capacity Market

Bill Commented On: An Act to Secure Alberta’s Electricity Future, Bill 13 [Alberta], first reading, April 19, 2018

This Bill has four main objectives. First (clauses 1-2), Bill 13 overturns the majority decision of the Supreme Court of Canada in a case known as Stores Block: ATCO Gas & Pipelines Ltd. v Alberta (Energy & Utilities Board), 2006 SCC 4 (CanLII). Second (clauses 3-35), the Bill will amend a series of energy statutes to provide the necessary legislative framework to implement the government’s plan to establish an electricity capacity market to supplement the existing energy market. Third (clause 36), the Bill will afford the Alberta Utilities Commission (AUC) enhanced authority to make orders (including administrative penalties) with respect to electric utilities, regulated rate providers and retailers (and their gas equivalents) where the AUC concludes that there has been a failure to comply with the rules respecting service quality and standards. Fourth, the Bill (clause 57) will afford the Lieutenant Governor in Council the authority under s 142 of the Electric Utilities Act, SA 2003, c E-5.1 to allow the AUC and the Alberta Electric System Authority (AESO) to make rules with respect to the expedited construction of transmission. Such rules are currently found in some form in the Transmission Deficiency Regulation, Alta Reg 176/2014.

Applications for Party Status in a Permission to Appeal Application

By Nigel Bankes

On April 24, 2018

In Energy, Intervenors and Standing, Utility Regulation

By: Nigel Bankes

PDF Version: Applications for Party Status in a Permission to Appeal Application

Bill Commented On: Balancing Pool v ENMAX Energy Corporation, 2018 ABCA 143 (CanLII)

This decision deals with applications by two parties (the Balancing Pool and TransAlta) to be accorded party status (or, failing that, intervenor status) in permission to appeal applications launched by TransCanada Energy, ENMAX and Capital Power relating to one aspect of the long-running line loss proceedings before the Alberta Utilities Commission (AUC). Justice Paperny’s decision on these preliminary matters merits reporting on ABlawg for two reasons. First, it provides an example of a Court taking the unusual step of granting party status in relation to that most preliminary of applications, a permission to appeal application (rather than at the subsequent stage where leave has been granted). Second, it provides an opportunity to update the status of the line loss file (AUC Proceeding 790).