Power Regulation

TRANSMISSION TARIFF AND TRANSMISSION SYSTEM DEVELOPMENT EXPERIENCE

  • Counsel for the Alberta Electric System Operator (“AESO”) before the Alberta Utilities Commission (“AUC”) regarding the development of the AESO’s 2018 ISO Tariff Application, in the 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 to respond to the Enel dispute under the AESO’s Dispute Resolution Rule regarding connection costs and Enel’s subsequent complaint to the AUC.
  • Counsel for the AESO to respond to the ENMAX dispute under the AESO’s Dispute Resolution Rule regarding TMR compensation and ENMAX’s subsequent complaint to the AUC.
  • 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 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.
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Experience in 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 Related to MSA Investigation and Enforcement Proceedings

  • Counsel for a confidential market participant in respect of a Market Surveillance Administrator (“MSA”) investigation that led to a settlement.
  • Counsel for a confidential market participant in respect of several MSA investigations and one prosecution that was resolved by way of a settlement.

Experience Related to Competitive Bids and Potential Acquisitions

  • Counsel for confidential clients regarding regulatory issues related to the AESO’s competitive bid process to award the right to own, construct and operate the West Fort McMurray 500 kV transmission line.
  • Counsel for a Consortium regarding a potential bid for the purchase of AltaLink, which involved a detailed review of a wide array of regulatory issues faced by transmission facility owners related to capital cost recovery risk, credit metrics support, income tax methodology and treatment, deemed income tax allowance recovery, stranded investment risk, capital structure and return on equity.
  • Led regulatory due diligence review for a bidder for hydro dam facilities.
  • Led regulatory due diligence review for an entity regarding equity financing of a power plant.
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Retail Electricity Market Experience

Counsel for Direct Energy regarding discussions with the Alberta government concerning the restructuring of the retail electricity and gas markets in Alberta to facilitate Direct Energy’s market entry; the public hearing to approve the sale of ATCO’s retail electricity and gas business to Direct Energy; development of Direct Energy’s first regulated retail electricity and gas tariff applications and acted as counsel in the hearing to consider the applications; drafting of codes of conduct for Direct Energy’s regulated and unregulated retail businesses; development of Direct Energy’s application to recover a reasonable return and acted as counsel in the hearing to consider the application; and hearings for regulated tariff applications.

EXPERIENCE BEFORE ALBERTA COURTS

  • Counsel for the AESO before the Court of Queen’s Bench of Alberta concerning an application for judicial review of the decision of the AESO regarding the information that would be provided in the AESO’s Historical Trading Report.
  • Counsel for Direct Energy in appeal proceedings before the Court of Appeal of Alberta related to the decision of the AUC’s predecessor to approve the sale of ATCO’s retail electricity and gas business to Direct Energy and the predecessor’s decision regarding Direct Energy’s customer care and billing services costs.
  • Counsel for Maxim Power Corp. (“Maxim”) before the Court of Appeal of Alberta concerning the application of the Pembina Institute for leave to appeal that decision of the AUC to approve a power plant to be constructed and operated by Maxim.
  • Counsel for Montana Alberta Tie Ltd. before the Alberta Court of Appeal to oppose the four appeals against the AUC’s decision regarding ISO rules Section 203.6 Available Transfer Capability and Transfer Path Management.

Experience Working with Specialists and Expert Witnesses

Diverse experience working with specialists and subject matter expert witnesses in public hearings and arbitrations, including:

  • energy-only power markets, capacity markets and ancillary services markets;
  • economics;
  • accounting;
  • income tax methodology and treatment;
  • capital structure and return on equity;
  • market power;
  • negotiated tariff settlements;
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  • principles related to cost of service regulation;
  • principles related to the regulatory compact;
  • transmission development policy;
  • generator design and operation; and
  • root cause analysis of generator failures.