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OEB confirms inherent jurisdiction to review unfairness

Stikeman Elliott LLP
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Canada
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June 15 2009

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

Ontario passes new Energy Consumer Protection Act

Stikeman Elliott LLP
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Canada
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June 17 2010

On April 22, 2010, the Ontario legislature passed Bill 235, which when it comes into force will create a new Energy Consumer Protection Act and amend the Electricity Act, 1998

Ontario Energy Board clarifies smart sub-metering rights for multi-unit buildings

Stikeman Elliott LLP
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Canada
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April 27 2010

In the past year, the Ontario Energy Board (OEB) has issued two important decisions that provide clarity to condominium developers and landlords in Ontario on their rights to sub-meter individual units in their buildings using smart meters

Court of Appeal rules energy regulator can restrict a utility's dividends

Stikeman Elliott LLP
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Canada
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May 17 2010

In a decision released on April 20, 2010, the Ontario Court of Appeal reinstated an Ontario Energy Board (OEB) decision that required Toronto Hydro-Electric System Limited (THESL) to obtain the approval of a majority of its independent directors before declaring a dividend

Ontario Court denies distributor recovery of $15 million in deferred costs in absence of a prudency review

Stikeman Elliott LLP
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Canada
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August 5 2009

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

Energy regulators may be held responsible for assessing the sufficiency of Aboriginal consultation

Stikeman Elliott LLP
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Canada
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May 1 2009

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

Energy Board denies First Nations intervenor status

Stikeman Elliott LLP
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Canada
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May 27 2011

In case with strong echoes of Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, the Ontario Energy Board has recently denied a request from a group of twelve First Nations for intervenor status in a licensing application

Anti-wind turbine crusader's case comes to an end

Stikeman Elliott LLP
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Canada
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June 21 2011

Ian Hanna, an Ontario anti-wind crusader, has been denied permission to appeal an earlier court decision that dismissed his judicial review application

Ontario Energy Board grants distribution system code exemption for waterpower projects

Stikeman Elliott LLP
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Canada
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May 6 2011

In an oral decision made on May 5, 2011 the Ontario Energy Board granted an application by Ontario Waterpower Association (OWA) for an exemption from sections 6

Energy Board clarifies transmitter designation process

Stikeman Elliott LLP
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Canada
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May 27 2011

In issuing an electricity transmitter licence to Chatham-Kent Transmission Inc. (CKT), the Ontario Energy Board made some important comments that will be of interest to any transmitters seeking to participate in the Board's upcoming transmitter designation process for the East-West Tie

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