Keith Miller's legal practice focuses primarily on public utility, energy and environmental regulation. He has extensive public hearing experience before the Alberta Utilities Commission (“AUC”) and its predecessor; the National Energy Board (“NEB”) and its successor, the Canada Energy Regulator (“CER”); the Alberta Energy Regulator (“AER”) and its predecessor, the Energy Resources Conservation Board (“ERCB”); other regulatory and administrative authorities in Alberta; the British Columbia Utilities Commission and regulatory authorities in other provinces.
Dalhousie University, B.Sc. 1975
Dalhousie University, LL.B. 1978
- Completed the National Introductory Arbitration Course, ADR Institute of Canada, November 2015
- Diploma in International Arbitration, Chartered Institute of Arbitrators, July 2016
- Completed the Communications in ADR Course, ADR Institute of Alberta, February 2020
- Completed the National Introductory Mediation Course, ADR Institute of Canada, November 2020
- Completed the Directors Education Program, Institute of Corporate Directors, November 2020
- Fellow of the Chartered Institute of Arbitration, FCIArb, International Arbitration, 2016
- Qualified Arbitrator, Q.Arb, ADR Institute of Canada, Domestic Arbitration, 2016
Keith has appeared as counsel in numerous AUC hearings on behalf the Alberta Electric System Operator (“AESO”), including proceedings related to transmission system developments, the AESO’s transmission tariff, the AESO’s transmission loss factors rule and adjustments to the 2006-2016 loss factor charges, the development of a capacity market in Alberta, market power issues, and disputes by market participants regarding decisions made by the AESO.
Keith has represented clients in other matters related to electric and gas utility rate regulation, the development and regulation of retail gas and electric markets including retail tariff applications, electric transmission system tariff issues, and the Alberta Government’s electric transmission policy. He has complete familiarity with all aspects of the current structure and operation of the electric industry in Alberta, including the mandate and functions of the AESO and the Market Surveillance Administrator (“MSA”).
Keith's NEB / CER experience includes numerous hearings related to matters such as the approval of pipeline tolls and tariffs, cost of capital and fair return issues, international and interprovincial pipeline construction and operation, oil pipeline common carrier principles and obligations, and oil pipeline capacity apportionment issues.
Keith has appeared as counsel in public hearings related to various facility applications, including gas processing plants, oil and gas wells, pipelines, oil sands projects, refineries and petrochemical developments, and respecting matters such as rateable take disputes, common carrier and processor applications, resource conservation schemes and gas over bitumen development conflicts. He represented a heavy oil producer in a hearing conducted by the AER in its Proceeding into Odours and Emissions in the Peace River Area.
Keith represented clients with respect to the development of an electric power and distribution project in Tanzania, potential LNG developments in several locations in Canada, frontier and offshore oil and gas development, and major northern pipelines.
Keith has been counsel in numerous energy-related arbitrations and mediations, as well as representing clients in regulatory-related proceedings before the Court of Queen’s Bench of Alberta, the Court of Appeal of Alberta, the British Columbia Court of Appeal and the Federal Court of Appeal. In particular, he acted as counsel in arbitrations regarding generator force majeure events, conducted under Alberta's legislated Power Purchase Arrangements.
Keith has represented clients involving investigations under the Environmental Protection and Enhancement Act and the Water Act and acted as counsel for market participants involved in MSA investigation and enforcement proceedings.
Keith has been recognized over a number of years in the following major publications that rank law firms and lawyers:
- Chambers Global as a leading lawyer in Energy: Oil & Gas (Regulatory)
- Chambers Canada as a leading lawyer in Energy: Oil & Gas (Regulatory) and Energy: Provincial Regulatory (Alberta)
- The Canadian Legal Lexpert Directory as a leading lawyer in Energy (Electricity) and Energy (Oil & Gas)
- Best Lawyers in Canada in Energy Law, Energy Regulatory Law, Natural Resources Law and Oil & Gas Law
- Lexpert/ROB Special Edition: Canada's Leading Energy Lawyers
Keith is a member of the Law Society of Alberta and the Canadian Bar Association. He has authored and presented several papers for the Canadian Energy Law Foundation and served as a Director and Board Committee Member of Koch Pipelines Canada Ltd. from its inception to its disposition.