Alberta Utilities Commission

The Commission’s Renewable Generation Inquiry – Module A

In Proceeding 28501, the Alberta Utilities Commission (the Commission) conducts its inquiry regarding renewable energy generation in Alberta.

In August of 2023, the Government of Alberta issued an Order in Council requiring the Commission to initiate an inquiry into the economic, orderly, and efficient development and operation of electricity generation in Alberta as it pertains to renewable generation and its impact on agriculture, land, viewscapes, and system reliability. Over 140 interveners registered in this proceeding and were given opportunities to provide written comments and make submissions regarding the subject matter. In-house sessions were also held in November wherein the Commission shared information about the inquiry and provided guidance regarding participation.



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Micro-Gen Dispute Decision

In proceeding 28319, the Alberta Utilities Commission (the Commission) issues its decision regarding the micro-generation dispute between ATCO Electric Ltd. (ATCO) and a farm. In June of 2023, the farm submitted a micro-generation application to ATCO and ATCO rejected the application on the basis that the generating capacity was too large relative to load. The crux of the disagreement was whether one year of history (ATCO’s position) or five years of history (the farm’s position) was sufficient to predict future load.



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The PBR3 Parameters

In Proceeding 27388, the Alberta Utilities Commission (the Commission) sets the parameters of the third term of performance-based regulation (PBR3) in Alberta, which w ill be applied to the four following electric distribution utilities: ATCO Electric Ltd., FortisAlberta Inc. (Fortis), ENMAX Power Corporation, and EPCOR Distribution & Transmission Inc. (EPCOR); and the following two natural gas distribution utilities, ATCO Gas and Pipelines Ltd. and Apex Utilities Inc. In sum, PBR3 builds upon PBR2 but makes some key changes in how benefits and efficiencies are respectively provided and quantified going forward with the addition of an efficiency sharing mechanism and the removal of the efficiency carryover mechanism.



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Principles of Maximum Investment Levels (MILs) Decision

In proceeding 27658, the Alberta Utilities Commission (the Commission) issues its decision on whether it remains reasonable for electric distribution utilities to invest in new residential customer connections up to a prescribed maximum investment level (MIL). Additionally, the Commission issues its decision on whether MILs related to street lighting installed in developments should be paid to the municipality within which the development was constructed or to the developer. Ultimately the Commission concludes the continuation of MILs, albeit under four new governing principles, and it decides that MILs should be paid to the municipalities in which a new development is constructed.[1]



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Decision on the Review and Variance Application of ATCO Gas’s PBR3 Base Revenue

In Proceeding 28244, the Alberta Utilities Commission (the Commission), the City of Calgary applied for the review and variance of Decision 26616-D01-2022 in which the Commission determined the 2023 cost-of-service applications of ATCO Gas (ATCO), and Apex Utilities Inc. Calgary had asserted that ATCO’s 2022 14 percent return on equity required a re-calculation of ATCO’s rate base going into the third term of performance-based regulation (PBR3) which had excluded data from years 2021 and 2022.



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The AESO’s Revised AMP Implementation Plan Application

In Proceeding 28441, the Alberta Electric System Operator (AESO) applies to the Alberta Utilities Commission (the Commission) for approval of its revised adjusted metering practice (AMP) implementation plan. In Decision 27047-D01-2022, the Commission denied approving the AESO’s previous AMP implementation plan and directed that if the AESO wanted to file another application, it would need to include:

  • AACE Class 3 estimates and forecast completion date for all scopes of work proposed in the implementation plan,
  • AACE Class 5 estimates for the total theoretical maximum cost of implementation across all phases; and
  • Quantification of the benefits of AMP implementation, including a cost-benefit analysis.

With these requirements in mind, the AESO submitted its revised application.



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2024 Generic Cost of Capital Formula

In proceeding 27084, the Alberta Utilities Commission (the Commission) issues its decision regarding the generic cost of capital (GCOC) that sets the cost of capital parameters for determining the fair rate of return on equity (ROE) and deemed equity ratios for Alberta’s electric and gas utilities. The result of this proceeding sets the GCOC parameters over the next five years. In sum, the Commission decided to implement the following formulaic approach for determining ROE starting in 2024:

𝑅𝑂𝐸𝑡= 9.0% + 0.5 × (YLD𝑡 − 3.10%) + 0.5 × (SPRD𝑡 − SPRD𝑏𝑎𝑠𝑒)2

In each year (t), the approved ROE will be determined by adjusting the notional ROE of 9.0 percent, approved in this decision, by the difference in forecast long-term Government of Canada (GoC) bond yield (YLD) and utility bond yield spread (SPRD) from their base values of 3.10 percent and the bond yield spread for February 2023 respectively. This approach was largely inspired by the formula used by the Ontario Energy Board (OEB).[1]



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Decision on ENMAX’s 2023-2025 Transmission General Tariff Application

In proceeding 27581, the Alberta Utilities Commission (the Commission) issues its decision regarding the 2023-2025 Transmission General Tariff Application of ENMAX Energy Corporation (ENAMX) in which ENMAX entered a negotiated settlement with interveners. The Commission notes that this decision was originally supposed to have been released in July of 2023, but was delayed after it was learned that ENMAX was being investigated by Commission Enforcement staff regarding the year-end capitalization of certain distribution and transmission projects. The investigation is ongoing, but the Commission understands that the investigation results are unlikely to have a material impact on this decision.[1]



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Reconsideration of ATCO Electric Z Factor for the Wood Buffalo Fire

In proceeding 28320, the Alberta Utilities Commission (the Commission) reconsiders the Z factor adjustment of ATCO Electric (ATCO) for the 2016 Wood Buffalo fire. On April 14, 2023, the Alberta Court of Appeal issued its decision regarding ATCO Electric Ltd. v Alberta Utilities Commission, 2023 ABCA 129 (the Appeal decision) where ATCO sought to appeal the Commission’s denial of ATCO’s loss recovery associated with the 2016 fires. The Commission’s original decision relied on ATCO Gas & Pipelines Ltd. v Alberta (Energy & Utilities Board), 2006 SCC 4 (the Stores Block decision) in which the Commission understood that ‘extraordinary retirements’ of assets are attributable to shareholders rather than customers. However, the Alberta Court of Appeal overturned the Commission’s decision (which depended on an interpretation and application of the Stores Block decision) and referred the matter back to the Commission.



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Fortis’s Application for Determining REA Asset Transfer Compensation

In Proceeding 28358, FortisAlberta Inc. (Fortis) requests the Alberta Utilities Commission (the Commission) to determine the amount of compensation that Fortis is to pay to Battle River Power Coop REA Ltd. (Battle River Power) for the transfer of electric distribution assets. The assets are in several municipalities that have recently passed bylaws requiring Battle River Power customers within municipal boundaries to take distribution services from Fortis.



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