Volume 8, issue 4 2020

• Editorial

Articles

• Climate Change Considerations in the Federal Impact Assessment Act: Step Forward or Business As Usual?
• When Climate and Construction Collide: How Net Zero Legislation Might Be Used to Challenge High-Emitting Infrastructure Projects
• The New World of Climate Change and ESG Disclosure
• Enabling Bilateral Contracting in Ontario’s Electricity Market
• What Drives Energy Regulatory Innovation? An Online Survey from Positive Energy and CAMPUT

Reports

• The Ontario Generation Contract Review Report

Comments

• The SCC Vavilov Decision: Will it Increase Regulatory Risk?

Volume 8, issue 3 2020

• Canada Energy Regulator Denies NGTL Abandonment Application¹
• Manitoba Hydro v Manitoba Public Utilities Board: Reduced Rates for Indigenous Peoples Overruled
• Resource Projects and the Honour of the Crown

Articles

• US Energy Mergers: Is “No Harm” the Right Test?
• The Fort McMurray Wildfire Cases: Life After Stores Block
• The New NAFTA and Canadian Energy Regulators
• The Future of Gas Utilities in a Low Carbon World: Canada’s First Public Utility-Administered Green Innovation Fund

Editorials

• EDITORIAL

Volume 8, issue 2 2020

• Nova Gas Transmission Ltd. System Rate Design and Services Application¹

Articles

• Ontario’s Electricity Market Woes: How Did We Get Here and Where Are We Going?
• Carbon Policy and Emissions Targets¹
• UPDATE: NAFTA 2.0: DRILLING DOWN – THE IMPACT OF CUSMA/USMCA ON CANADIAN ENERGY STAKEHOLDERS¹
• Time of Use Rates: An International Perspectives

Videos

• CEA Virtual Regulation Program: Electricity Regulation during a Pandemic

Editorials

• EDITORIAL

Volume 8, issue 1 2020

• National Steel Car: A Constitutional Challenge to the Ontario Global Adjustment Charge to Electricity Consumers
• Toronto Hydro Rate Decision Punts the Regulatory Treatment of Storage to the OEB DERs Consultation

Articles

• The Structure of the Canadian Energy Regulator: A Questionable New Model for Governance of Energy Regulation Tribunals?
• Indigenous Peoples’ Ownership of Energy Projects¹

Regular Features

• 2019 Developments in Administrative Law Relevant to Energy Law and Regulation

Editorials

• EDITORIAL

Reports

• Capitalizing the Cloud: The Regulatory Challenges

Volume 7, Issue 4 2019

• Distributed Energy Resource Development in Ontario: A Socio-Technical Transition in Progress?
• Much of Canada’s Energy and Climate Challenge is Local – And so are Many of the Solutions
• Bill C-69: Introducing the Canadian Energy Regulator and the Impact Assessment Agency*

Book Reviews

• Gretchen Bakke’s Meditation on The Grid
• BREAKDOWN: The Pipeline Debate and the Threat to Canada’s Future, Dennis McConaghy, Dundurn Toronto, 2019

Editorials

• Editorial

Volume 7, issue 3 2019

• Canada’s Existential Crisis over Climate Change Regulation: Tempest in a Teapot?
• “Regulatory Settlements”: When Do Private Agreements Serve the Public Interest?

Regular Features

• The Washington Report

Articles

• Canada’s Climate Change Challenge
• Canada’s Energy Future in an Age of Climate Change: Public Confidence and Institutional Foundations for Change
• Governance of Administrative Agencies
• Ontario Government Takes Steps to Reform the Ontario Energy Board

Editorials

• EDITORIAL

Volume 7, issue 2 2019

• THE PATCH: The People, Pipelines, and Politics of the Oil Sands, Chris Turner

Comments

• National Energy Board Advice to the Minister of Natural Resources on Optimizing Oil Pipeline and Rail Capacity out of Western Canada

Articles

• How Scalability is Transforming Energy Industries
• Inconsistent with the Public Interest: FERC’s Three Decades of Deference to Electricity Consolidation
• OEB takes steps towards implementing “Activity and Program Based Benchmarking” ¹
• The Avista and East-West Tie Cases, and Their Implications for the Governance of the Electricity Sector in Ontario
• A Tale of Two Market Designs: What’s New in Alberta

Editorials

• EDITORIAL

Volume 7, issue 1 2019

• Navigant Report Overview: “Starting a conversation: Is there flexibility to adapt Canada’s current utility regulation landscape?”

Comments

• Churchill Falls (Labrador) Corporation Limited and Hydro-Québec 2018 SCC 46
• Capital Power Corporation: The Alberta Line Loss Debate

Articles

• Merger Rejected: Common Sense from Washington
• Electricity Storage in North America
• NAFTA 2.0: Drilling Down – The Impact of CUSMA/USMCA on Canadian Energy Stakeholders
• 2018 Developments in Administrative Law Relevant to Energy Law and Regulation

Editorials

• EDITORIAL

Volume 6, issue 4 2018

• PIPE DREAMS: The Fight for Canada’s Energy Future

Comments

• Union Enbridge Merger
• LNG Canada Breaks the National Regulatory Roadblock

Articles

• Offshore Oil Development in Uncharted Legal Waters: Will the Proposed Bay du Nord Project Precipitate Another Federal-Provincial Conflict?
• A Historical and Comparative Perspective on Ontario’s Electricity Rates
• Engagement, Information and Capacity: A Long Term Perspective For a Durable Energy Decision Making System in Canada

Editorials

• Editorial

Volume 6, issue 3 2018

• Addressing the Policy Regulatory Nexus in Canada’s Energy Decision-Making
• Should Ratepayers Fund Innovation?
• The New Alberta Electricity Legislation
• The role of the CNSC under the proposed Impact Assessment Act
• Federal Energy Project Reviews: Timelines in Practice
• Ontario Cancels Wind and Solar Contracts
• Canadian Carbon Pricing: Where is it Going?

Editorials

• Editorial

Volume 6, issue 2 2018

• A Guide to Energy Market Manipulation

Articles

• OEB Issues its Final Report on Wireline Pole Attachment Charges
• Effective Utility Regulation: A Unifying Cause for a Divided America
• Environmental Clearance and Authorization: A New Framework for Quebec
• The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada
• The Tortuous Path to NEB ‘Modernization’
• A(nother) New Federal Regime for Assessing Interprovincial Pipeline Projects: The Proposed Impact Assessment Act

Editorials

• Editorial

Volume 6, issue 1 2018

• Editorial

Articles

• 2017 Developments in Administrative Law Relevant to Energy Law and Regulation
• Who Decides? Balancing and Bridging Local, Indigenous and Broader Societal Interests in Canadian Energy Decision-Making

Comments

• Alberta Energy Regulator Revises Eligibility Requirements for Aquiring and Holding Energy Licences and Approvals
• What’s Next for the Ontario Energy Board?
• Alberta’s First Clean Power Call Realizes Record Prices

Book Reviews

• The Grid: The Fraying Wires Between Americans and Our Energy Future
• The Electric Battery: Charging Forward to a Low-Carbon Future

Regular Features

• The Washington Report

Volume 5, issue 4 2017

• Arbitration Law of Canada: Practice and Procedure (Third edition),
  J. Brian Casey

Comments

• Energy Regulators and Cost Overruns: The Nova Scotia Maritime Link Decision
• Ontario Court of Appeal Clarifies Privacy Obligations for Utilities

Articles

• Moving Forward with Tariff Reform
• Legislative and Regulatory Changes Governing Hydrocarbons and Pipelines
• Ontario’s Cap and Trade Agreement with Québec and California
• Changing Duty to Consult Expectations for Energy Regulators: Broader Implications from the Supreme Court of Canada’s Decisions in Chippewas of the Thames and Clyde River
• System Under Stress: Energy Decision-Making in Canada and the Need for Informed Reform

Editorials

• Editorial

Volume 5, issue 3 2017

• An update on Natural Gas Expansion in Ontario
• Contested Service Area Amendments: The Battle for New Electricity Customers

Articles

• Ontario’s Fair Hydro Plan Act Upends Rate Administration and Finance
• Ontario’s “Fair Hydro Plan” comes at a (future) cost
• Premier’s Bane: A folk history of electricity policy in Ontario
• The Mandate of the National Energy Board
• Federal Environmental Assessment Reform: A Practitioner’s Perspective
• The Report of the Expert Panel on the Modernization of the National Energy Board and the Response of the Government of Canada

Editorials

• Editorial

Volume 5, issue 2

• DYSFUNCTION: Canada after Keystone XL, Dennis McConaghy, Dundurn Toronto, 2017

Articles

• ‘Cap and Trade’ and Price Transparency: a Comment on the OEB’s Decision in EB-2015-0363
• Proposed Oil Tanker Moratorium Act – A brief look at the history of the moratorium
• Reforming Ontario’s Wholesale Electricity Market: The Costs and Benefits
• Alberta’s Evolving Electricity Market – An Update on Recent Changes and Developments

Editorials

• Editorial

Articles

• Do Manufacturing Firms Relocate in Response to Rising Electric Rates?

Volume 5, issue 1 2017

• The Washington Report

Comments

• Windstream Energy: NAFTA Arbitrators Order Canada to Pay $25 Million
• OEB Approved Merger creates the Second largest Municipally owned Electric LDC in North America
• British Columbia Regulator has No Jurisdiction to Set Low Income Rates

Articles

• Ontario Energy Board Decision Introduces Competitive Bidding for Natural Gas Franchises
• 2016 Developments in Administrative Law Relevant to Energy Law and Regulation
• The Intersection of Aboriginal and Administrative Law: When does a Regulatory Decision Constitute “Contemplated Crown Conduct”?

Editorials

• Editorial

Articles

• Quebec’s New Petroleum Resources Act

Volume 4, issue 4 2016

• Alberta Utilities Commission Confirms it has no Jurisdiction to Assess Crown Consultation

Articles

• A Requiem for the Presumption of Prudence after OPG and ATCO
• Competition In Electricity Transmission: Two Canadian Experiments
• Renewables And Alberta’s Electricity Markets: Some European Learnings
• Cap and Trade in Ontario: Lessons from Europe
• An Overview Of Various Provincial Climate Change Policies Across Canada And Their Impact On Renewable Energy Generation
• A Matter of Trust: The Role of Communities in Energy Decision-Making

Editorials

• Editorial

Volume 4, issue 3 2016

• Iroquois Falls Power Corporation v Ontario Electricity Financial Corporation and the Treatment of Contractual Interpretation
• Recent Regulatory Developments in Atlantic Canada: Community Challenges to COMFIT Wind Projects
• The Northern Gateway Project and the Federal Court of Appeal: The Regulatory Process and the Crown’s Duty to Consult

Articles

• Transmission Competition in the United States: The New Reality
• Consumer Advocacy in Ontario’s Energy Sector: A New Model
• Rational vs. “Feel-Good” Carbon Policy – Transferability, Subsidiarity and Separation
• Constitutional Implications of Quebec’s Review of Energy East

Editorials

• Editorial

Volume 4, issue 2 2016

• Editorial

Articles

• Electricity Privatization and Restructuring in Ontario and Abroad: Some Lessons from UK and Elsewhere
• Alberta’s Electricity System: Carbon Policies and the Risk of Unintended Consequences
• Quebec Releases its 2030 Energy Policy

Comments

• The Supreme Court of Canada Grants Leave in Two Cases Involving the National Energy Board and the Rights of Indigenous Communities
• Maryland’s Supreme Court Loss: A Win for Consumers, Competition and States

Regular Features

• The Washington Report

Volume 4, issue 1 2016

• Editorial

Articles

• 2015 Developments in Administrative Law Relevant to Energy Law and Regulation
• The Supreme Court Saves Demand Response: Now What?

Comments

• Market Manipulation in Alberta: TransAlta Pays $56 Million
• Alberta Utility Asset Disposition (UAD) – Court of Appeal Upholds Commission & Utilities Seek Leave from the Supreme Court
• Pole Attachment Charges – Ontario Energy Board Initiates a Comprehensive Review

Book Reviews

• The Guide to Energy Arbitrations

Volume 3, issue 4 2015

• Editorial

Articles

• The View from Alberta: Recent Developments in Provincial and Interprovincial Energy Policy
• Arbitrations Involving Regulated Utilities

Comments

• National Energy Board Procedural Reform – Round 2 Goes to the Regulator
• Supreme Court of Canada Will Hear “Charter Damages” Case Against Alberta’s Energy Regulator
• ATCO Pensions, Ontario Hydro, Prudency, and Reasonableness: a Case Comment on Ontario (Energy Board) v Ontario Power Generagtion Inc. & ATCO Gas and Pipeines Ltd. v Alberta (Utilities Commission)
• The Southern California Gas Decision: the First Distributed Energy Resource Service Tariff
• BC’s Environmental Appeal Board Overturns Nexen Water Licence on Appeal by Fort Nelson First Nation
• Supreme Court of Canada Confirms Generous and Liberal Approach to the Recognition and Enforcement of Foreign Judgments

Volume 3, issue 3 2015

• Editorial

Articles

• One Hundred Years of Public Utility Regulation in Alberta
• The Economic and Political Realities of Regulation: Lessons for the Future
• The Social Licence to Regulate: Energy and the Decline of Confidence in Public Authorities
• From Streetcars to Solar Panels: Stranded Cost Policy in the United States
• Regulation and Development of a New Energy Industry: Tidal Energy in Nova Scotia
• Expert Evidence for Energy Lawyers and Regulators

Comments

• Cape Breton Explorations Ltd v Nova Scotia (Attorney General)

Volume 3, issue 2 2015

• Editorial

Articles

• The Past, Present and Future of Energy Conservation in Ontario
• Conservation First: In Theory and Practice
• The Reform of the Renewable Energy Act in Germany
• Changing Views of the Role of Canadian Natural Gas in the United States
• Improving Ontario’s Energy Infrastructure: Reducing the Cost of LDCs
• Utility Dealings with Freemen-on-the-Land and Others Raising “Organized Pseudo-Legal Commercial Arguments”

Comments

• Pipelines, the National Energy Board and the Federal Court

Volume 3, issue 1 2015

• Editorial

Articles

• 2014 Developments in Administrative Law Relevant to Energy Law and Regulation
• Electronic Evidence and E-Litigation in Regulatory Tribunals

Comments

• NEB Trans Mountain Decision
• Norfolk and Altalink: Ontario and Alberta Regulators Refine Mergers and Acquisitions Standards
• Coldwater Indian Band: Absent Exceptional Circumstances, Courts Should Not Interfere with Ongoing Administrative Proceedings

Regular Features

• The Washington Report

Volume 2, Fall 2014

• Editorial

Articles

• The Contributions of Utilities Regulation to Electricity Systems Transformation: the Case of Nova Scotia
• Changing Energy Systems: Implications for Regulators and Policy Makers
• Conservation Combined Heat and Power in Ontario: Policy Solution or Regulatory Challenge?
• The Joy of Decision Writing

Comments

• Alberta Government Releases Guidelines to Clarify First Nations Consultation Process

Volume 2, Summer 2014

• Editorial

Articles

• Preparing For The Future Of Federal Energy Regulation In Canada What Is The Past Telling Us?
• Smart Grids: A European Regulatory Perspective
• Tribunal Independence: In Quest of a New Model

Comments

• Enbridge’s Northern Gateway Project: cabinet approval but complex court proceedings
• Alberta Utilities Asset Disposition Decision
• The Prudence Doctrine goes to the Supreme Court of Canada
• Alberta Decision in Market Surveillance Administrator v. TransAlta
• The Tsilhqot’in Decision: The Supreme Court Confirms Aboriginal Title
• Balancing Caution and Pragmatism, Federal Court Finds “Gaps” in Darlington Environmental Assessment, Revokes Licence and Orders Reconsideration

Book Reviews

• Dealing with Losers, the Political Economy of Policy Transitions
• The Boom: How Fracking Ignited the American Energy Revolution and Changed the World

Volume 2, Spring 2014

• Editorial

Articles

• Gaming Of Electricity Markets — The Ontario Experience
• Energy Storage: The Green Energy Silver Bullet?
• Looking Back: 5 Years under Ontario’s Green Energy Act
• An argument for systematic regulation of smart grid expenditures

Comments

• Enbridge Line 9 Reversal

Regular Features

• The Washington Report

Book Reviews

• Regulating Public Utility Performance

Volume 2, Winter 2014

• 2013: A Challenging Year for Canadian Energy Regulators

Articles

• The Crown’s Duty to Consult and the Role of the Energy Regulator
• The 2013 North American Natural Gas Market – a Year in Review
• Fostering Competition Amongst Regulated LDCs: The Dutch Experience

Comments

• Northern Gateway: Round No.1
• Enbridge Gas Distribution New Brunswick Decision
• Trillium Wind: Can Developers Sue when Government Wind Projects are cancelled?

Regular Features

• The Washington Report

Book Reviews

• Ontario Energy Law: Electricity
• Let the Eastern Bastards Freeze in the Dark: the West Versus the Rest since Confederation

Volume 1, Fall 2013

• Editorial

Articles

• Regulators and the Courts: a Ten Year Perspective

Comments

• British Columbia Utilities Commission Natural Gas Vehicle Decision
• The Toronto Hydro Electric Vehicle Charging Decision
• Alberta Utilities Demand Side Management Decision
• The TransCanada Mainline Decision: Toward Hybrid Regulation
• Nova Scotia Maritime Link Decision

Regular Features

• The Washington Report