ATCO

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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Micro-Generation Proposal Dispute

In Proceeding 28139, ATCO Electric Ltd. (ATCO) issued a notice of dispute over whether a micro-generation unit proposed by EvolvSolar meets the generator qualifications outlined in the Micro-Generation Regulation.

EvolvSolar and its client applied to ATCO to construct a solar system that would produce 296,667 kWh per year to power a farm grain drying process. ATCO did not approve the application because the site usage averaged only 204,600 kWh over the past two years (2021 and 2022). The Micro-Generation Regulation defines a micro-generation unit as one intended to meet all or a portion of the site’s annual energy consumption. ATCO, as the wires owner, believes the proposed project does not qualify as a micro-generation unit since it might produce more energy than what is consumed on site.[1]



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2024 GCOC Arguments

In proceeding 27084, interveners submit their arguments over the matters put forward by the Alberta Utilities Commission (the Commission) regarding the generic cost of capital (GCOC). The Commission had already decided to proceed with a formulaic approach that was previously approved in 2009 and had asked interveners to provide recommendations for the formula’s variables. Interveners previously submited evidence detailing their variable recommendations and have since provided arguments supporting their evidence. However, some interveners continue to argue against the formulaic approach, and most proposed a specific return on equity (ROE) ratios for the 2024 GCOC.  A significant portion of argument focused on debating whether business risk has increased or decreased in the province and why the level of risk justifies each intervener’s proposal.



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Review and Variance Application of ATCO Gas PBR3 Base Revenue

In Proceeding 28244, The City of Calgary (Calgary) submits to the Alberta Utilities Commission (the Commission) a review and variance application of Decision 26616-D01-2023 which establishes the 2023 revenue requirement of ATCO Gas Distribution (ATCO). Calgary argues that ATCO’s 2022 14 percent return on equity triggers 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.[1]



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ATCO Electric’s 2023-2025 General Tariff Application Decision

In Proceeding 27062, the Alberta Utilities Commission (the Commission) decides on the 2023-2025 General Tariff Application of ATCO Electric Ltd. (ATCO). The Commission allowed ATCO and interveners to enter a negotiated settlement process on all matters except for the Vegetation Management reserve removal and modifications to ATCO’s Variable Pay Program reserve. Parties were also unable to agree on the treatment of the $7.5 million undepreciated balance for ATCO’s Jasper Palisades isolated generation plant. Therefore, the Commission dealt with these three issues separately from the negotiated settlement.[1]



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Information Requests in the Residential Standards and Maximum Investment Levels (MILs) Proceeding

In Proceeding 27658, intervenors submit their information requests that address several topics in the standards of service and maximum investment levels (MILs) for residential services proceeding. These information requests fall in line with one or several topics included in the February 2023 issues list. Parties addressed information requests to the following intervenors: the distribution facility owners (DFOs) (ATCO Electric Ltd., ENMAX Power Corporation, EPCOR Distribution & Transmission Inc., FortisAlberta Inc.), the Developers (Anthem Properties, BILD Alberta, Melcor Developments Ltd.), the Municipalities (Alberta Municipalities, City of Airdrie), the Alberta Federation of Rural Electrification Associations (AFREA), and the Utilities Consumer Advocate (UCA).



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ATCO’s 2018-2023 Transmission Deferral Accounts Decision

In Proceeding 26573, the Alberta Utilities Commission (the Commission) issued its decision regarding the 2018-2023 Transmission Deferral Accounts disposal of ATCO Electric Ltd. (ATCO). Central to this proceeding was ATCO’s Jasper Interconnection Project (the Jasper Project), in which it was found that ATCO sole-sourced one of its contracts at above-market rates. In making its decision to disallow over $7.6 million in cost recovery, the Commission considered the way ATCO prepared for and managed the Jasper Project and ATCO’s treatment of cancelled customer project costs. The Commission also directs a reduction associated with the sole-sourced contract, but the exact amount depends on ATCO calculating the value of the contract in its compliance filing.



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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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