Electricity Regulation

Transmission and Generation Issues

• Counsel for a confidential client concerning a large scale thermal power plant application to the Alberta Utilities Commission (“AUC”).
• Counsel to confidential clients concerning the requirements to qualify power plants as a “planned unit” under the federal Clean Electricity Regulations.
• Counsel for a confidential client concerning generation self-supply issues for a major industrial project.
• Counsel for a confidential client concerning the scope of Electric Utilities Act exemptions afforded under an industrial system designation.
• Counsel for Capital Power Corporation before the AUC in proceedings related to distribution-connected generation credits and exceptions to the Transmission Regulation requirement for a congestion-free transmission system.
• Counsel for the Alberta Electric System Operator (“AESO”) before the AUC regarding the development of the AESO’s 2018 ISO Tariff Application, in public hearing of the application, and the development of the related Compliance Filing.
• Counsel for the AESO before the AUC regarding several applications for review and variance of the AUC’s approval of the 2018 ISO Tariff in Decision 22942-D02-2019.
• Counsel for the AESO before the AUC regarding the ISO Transmission Loss Factor Rule and the related Compliance Filing in Module B of AUC Proceeding 790.
• Counsel for the AESO before the AUC regarding the AESO’s submissions on Preliminary Issues in Module C of AUC Proceeding 790.
• Counsel for the AESO before the AUC regarding the AESO’s Module C Loss Factor Methodology to recalculate loss factors for the period 2006-2016, approved in Decision 790-D06-2017, and the related Methodology and Payment Plan Compliance Filings.
• Counsel for the AESO before the AUC regarding the AESO’s application for a review and variance of Module C single settlement for the period 2006-2016, approved in Decision 790-D06-2017.
• Counsel for the AESO before the AUC regarding the AESO’s application for legal determinations by the AUC concerning Supply Transmission Service Agreements for the Keephills Generating Units 1 and 2 Power Purchase Arrangement (“PPA”) and the related drafting of a new ISO rule to address STS Agreements under PPA termination situations.
• Counsel for the AESO before the AUC in the public hearing regarding the construction and operation of the West Fort McMurray 500 kV transmission line.
• Counsel for the AESO in providing advice regarding several Needs Identification Document Applications and amendments.
• Counsel for the Alberta Department of Energy before the AUC’s predecessor in the 2004-2005 public hearing of the AESO’s Needs Identification Document Application, Edmonton-Calgary, 500 kV Electric Transmission Facilities, respecting Alberta’s then-recent Transmission Development Policy and the requirements of the Transmission Regulation.
• Counsel for Engage Energy (“Engage”) before the AUC’s predecessor regarding compensation of $66 million payable by the AESO’s predecessor, the Transmission Administrator for the conscription of transmission must run service provided by Engage’s Rainbow units 1, 2 and 3.
• Counsel for The City of Medicine Hat before the AUC’s predecessor in public hearings related to Transmission Administrator transmission tariff applications.

Electricity Market Issues

• Counsel for the AESO in the public hearing before the AUC regarding the development of the AESO’s Capacity Market Application.
• Counsel for the AESO before the Court of Queen’s Bench of Alberta concerning the judicial review application made by the Independent Power Producers Society of Alberta in respect of the decision of the AESO to make certain changes to its Historical Trading Report.
• Counsel for the AESO before the AUC in the public hearing concerning the Market Surveillance Administrator’s application regarding the AESO’s publication of the Historical Trading Report.

Arbitrations Related to Generator Failures

• Counsel for a confidential Power Purchase Arrangement Buyer in an arbitration concerning a generator force majeure claim.
• Counsel for a confidential Power Purchase Arrangement Owner in an arbitration concerning a generator force majeure claim.
• Co-counsel for a confidential Power Purchase Arrangement Owner in an arbitration concerning a generator failure claim.

Experience with Subject Matter Experts