ATCO v Commission Court of Appeal Decision

In the Court of Appeal of Alberta, ATCO Electric Ltd. (ATCO) v Alberta Utilities Commission (the Commission), 2023 ABCA 129 Memorandum of Judgment, ATCO sought the appeal of a Commission decision that denied ATCO the recovery of losses associated with the 2016 Fort McMurray wildfire. The Commission’s initial decision relied on ATCO Gas & Pipelines Ltd v Alberta (Energy & Utilities Board), 2006 SCC 4 (the Stores Block decision), from which the Commission understood that ‘extraordinary retirements’ of assets are attributable to shareholders rather than customer accounts. After considering the circumstances, the Court of Appeal issued a decision allowing ATCO’s appeal to stand.

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