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Decisions

Decisions

Pipelines

• Panel Chair – Union Gas Ltd application to construct an 18 km steel natural gas pipeline in Western Ontario and a 17 km natural gas pipeline in the City of Hamilton. Decision: July 6, 2005 

• Panel Chair – Enbridge Gas Distribution Inc. dispute with the Toronto Energy Coalition regarding the construction of a $48 million 6.5 km pipeline to serve the Portlands Energy Center generating station in the City of Toronto. Decision: June 1, 2007 

• Panel Chair – Union Gas Limited application to construct a 6.5 km NPS 4 natural gas steel pipeline in Eastern Ontario to serve the proposed Johnstown Ethanol plant. Decision: October 9, 2007 

• Panel Chair – Enbridge Gas Distribution Inc. application to construct a 20 km high-pressure pipeline in the City of Barrie to support load growth in the Georgian Bay area. Decision: May 21, 2008 

• Panel Chair – Union Gas Limit ed application to construct a 4.5 km NPS 20 natural gas pipeline to serve the Halton Hills Generating Center to be constructed by TransCanada Energy Decision: June 16, 2008 

• Panel Chair – Natural Resource Gas Limited (NRG) dispute with Integrated Grain Processers Cooperative (IGPC) regarding the construction of a 28.5 km stainless steel natural gas pipeline by NRG to serve IGPC. Decision: December 11, 2008 

Transmission Lines 

• Panel Chair – Superior Wind Prince Power Inc. application to construct a 230 kV transmission line to connect a 99 MW wind farm to the transmission system of Great Lakes Powers Ltd near Sault Ste. Marie Ontario. Decision: July 28, 2005 

Solar Facilities

• Sole Panel Member – City of Kitchener, application to construct and operate a 500 kW solar electricity generation facility. Decision: July 13, 20I0 

Natural Gas Storage 

• Panel Chair – Tribute Resources, application to construct natural gas storage facilities in Huron and Middlesex County. Decision: July 9, 2010 

Power Purchase Agreements 

• Panel Chair – Dispute regarding the price escalation terms of a long tenn Power Purchase Agreement between an Alberta coal electricity generator and an Alberta electricit y distributor (confidential arbitration under the Alberta Rules). Decision: May 16, 2011 (one panel member dissenting) 

• Panel Chair – Dispute regarding the price escalation term of a long term Power Purchase Agreement between an Alberta generator and an Alberta public utility (confidential arbitration under the Alberta Rules). Decision: July 18, 2016 

Gas Supply Contracts

• Sole Panel Member – Dispute between Union Gas and the Canadian Manufacturers Association regarding new transp01iation rates developed in response to the decline in gas supplies from Western Canada and the rapid growth of new gas supply from the Marcellus Shale region in Pennsylvania and New York. Decision: August 10, 2010 

• Panel Member – Dispute between an Alberta gas supplier and an Ontario electricity generator regarding the price escalation term in a long term gas supply contract (confidential arbitration under the Alberta Rules). Decision: January 16, 2012 

Nuclear Contracts

• Panel Member – Dispute between Ontario Power Generation and the Independent Electricity System Operator regarding the interpretation of a reliability must-run contract between the two parties with respect to the Lennox coal fired generating station. Decision: March 13, 2006 

• Panel Chair – Dispute between Ontario Power Generation and the Association of Major Power Consumers regarding an increase in interim rates for electricity from nuclear facilities. Decision: February 7, 2008 

Franchise Agreements

• Panel Chair – Dispute between Natural Resource Gas and Integrated Grain Processors Cooperative regarding the renewal term for a natural gas franchise. Decision: May 5, 2009 [Decision upheld by the Ontario Divisional Court, Natural Resources Gas Limited v. Ontario Energy Board (2012) ONSC 3520] 

Statutes and Regulations

• Panel Chair – Dispute regarding the authority of a Regulator to restrict the level of dividends a regulated company pays to its parent company. Decision: April 12, 2006 [Decision upheld by the Ontario Court of Appeal, Toronto Hydro – Electric Systems Limited v. Ontario Energy Board (2010) 99 OR(3d) 481 (Ont CA)] 

• Panel Chair – Dispute between Union Gas and the Industrial Gas Users Association, the Association of Power Producers of Ontario and the Consumers Council of Canada regarding the deregulation of the prices for natural gas storage. Decision: November 7, 2006 

• Panel Chair – Dispute between the Independent Electricity System Operator and the Association of Major Power Consumers regarding an amendment to the Market Rules relating to the ramp rate assumption used in the market pricing algorithm within the IESO administered markets. Decision: April 10, 2007 

• Panel Chair – Low Income Energy Network dispute with Enbridge Gas Distribution, Union Gas, the Industrial Gas Users Association and the Consumers Council of Canada regarding the authority of Ontario electricity distributors to offer low income rates. Decision: April 26, 2007 (one panel member dissenting) [Dissenting Decision upheld by the Ontario Divisional Court, Advocacy Center for Tenants of Ontario v. Ontario Energy Board, (1980) 239 DLR (4th) 684] 

• Panel Chair – Enbridge Gas Distribution application to include electricity assets in rate base and provide those services as a regulated activity. Decision: December 22, 2009 

• Panel Chair – Claim by suppliers of smart meters that Toronto Hydro was engaging in anti­ competitive activity contrary to the Electricity Act and the Distribution System Code by refusing to supply electricity to condominiums not using smart meters supplied by Toronto Hydro. Decision: January 27, 2010 

Service Agreements

• Panel Chair – Canadian Cable Television Association dispute with the Electricity Distributors Association and the Canadian Electricity Association regarding the terms on which cable companies can access the poles of regulated electricity distributors. Decision: March 7, 2005 

• Panel Chair – Dispute regarding the rates to be charged by Hydro One Networks for the transmission of electricity throughout Ontario. Decision: February 2 I 2006 

• Panel Chair – Toronto Hydro, application regarding the rates to be charged by Toronto Hydro for the distribution of electricity in the City of Toronto. Decision: April 12, 2006 

• Panel Chair – Ontario Power Generation (OPG), dispute regarding the payments to be made to OPG for 3332 MW of electricity from six hydroelectric facilities and 6606 MW of electricity from three nuclear facilities representing 67 % of the electricity consumed in Ontario. Decision: February 7, 2008 

• Panel Chair – Enbridge Gas Distribution Inc., dispute with 20 different consumer interests regarding the rates for the distribution, transmission and storage of natural gas throughout Ontario. Decision: February I 1, 2008 

• Panel Chair – Union Gas Limited application to discontinue service to Natural Resource Gas Limited. Decision: November 27, 2008. 

Sale of Assets

• Panel Chair – Dispute between Union Gas Ltd and consumer groups regarding the sale of $13 million in surplus cushion gas and the allocation of all or part to customers. Decision: June 27, 2007 

• Sole Panel Member – Dispute between Union Gas Ltd and Westcoast Energy and the City of Kitchener, the Consumers Council of Canada and the Canadian Manufacturers and Exporters Association regarding the sale by Union of a controlling interest in Westcoast Energy. Decision: November 19, 2008 

• Panel Chair – Application by the Town of Essex to acquire all the outstanding shares of Elk Energy Inc. Decision: December 31, 2008 (one panel member dissenting). 

• Panel Chair – Union Gas Ltd application to sell an 11.7 km pipeline to Dawn Gateway LP, a limited partnership jointly owned by Spectra Energy Corp and DTE Pipeline Company. Decision: November 27, 2009 

• Panel Chair – Dispute between Toronto Hydro and consumer groups regarding the sale of street lighting assets. Decision: February 11, 2010 

Mergers and Acquisitions

• Panel Chair – Joint Hearing, application by Greater Sudbury Hydro to acquire all the outstanding shares of West Nippissing Energy Services, application by PowerStream Inc. and Aurora Connections Inc. to acquire all the outstanding shares of Aurora Hydro Connections, application by Veridian Connections Inc. to acquire all the outstanding shares of Gravenhurst Hydro Electric Inc. and to merge with Gravenhurst. Decision: August 31, 2006 

• Panel Chair – Application by Niagara Falls Hydro Inc. and Peninsula West Utilities Limited to amalgamate. Decision: December 28, 2007 

• Panel Chair – Application by PowerStream Inc. and Barrie Hydro Distribution to amalgamate. Decision: December 15, 2008

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