On July 30, 2026, the Alberta Court of Appeal released its FortisAlberta Inc v Alberta Utilities Commission, 2026 ABCA 258 ruling concerning the third term of the performance-based regulation (PBR) framework for Alberta distribution utilities. This decision (Docket 2301-0264AC) was heard alongside two other related appeals (0265AC and 0268AC) involving FortisAlberta, ENMAX Power, and ATCO Electric in relation to the October 2023 Decision 27388 which established the third term of PBR.1
While the Court largely upheld the AUC’s decision, it found the Commission made an error in dismissing Fortis’ complaint involving the stretch factor adjustment present within PBR without sufficient explanation. Additionally, the Court made a number of recommendations to the Commission in regards to improving regulatory efficiency, including making Decisions more legible to lay persons, specifically by reducing the use of acronyms.
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