FortisAlberta

FortisAlberta v AUC Court of Appeal Ruling Concerning PBR

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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PILON Dispute Ruling Between FortisAlberta and Tenaris

On June 30th, 2026, the Alberta Utilities Commission (AUC) announced its decision regarding the ongoing payment dispute between FortisAlberta and Tenaris (known as 2543500 Alberta Ltd). The dispute concerned a proposed $586,918.80 Payment in Lieu of Notice (or PILON) charged to Tenaris over its plans to reduce the minimum and expected peak demand in its electric service agreement contract.



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DFO Contribution in Aid of Construction Policy (CIAC) – Update

In proceeding 29006, ten participants submitted written arguments to the Alberta Utilities Commission (the Commission or AUC) following rounds of extensive information requests (IRs) and evidence. A virtual hearing for reply arguments is scheduled for April 23, 2025.



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ATCO & Fortis’s 2023 Cost-of-Service Decision

In proceeding 26615 the Alberta Utilities Commission (the “Commission”) issues its decision regarding the cost-of service reviews proposed by ATCO Electric Ltd. (“ATCO”) and FortisAlberta Inc. (“Fortis”) in preparation for the third term of performance-based regulation (“PBR”).



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Bulk and Regional Rate Design and Modernized DOS Arguments

In Proceeding 26911, the Alberta Electric System Operator (“AESO”) and the intervenors submit their arguments to the Alberta Utilities Commission (the “Commission”) for and against the AESO’s proposed bulk and regional rate design and modernized demand opportunity service (“DOS”).



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AESO’s Bulk and Regional Rate Design and Modernized DOS Proposal, Oral Hearing

In Proceeding 26911 the Alberta Electric System Operator (“AESO”) and several intervenors cross-examine each other’s evidence for and against the various bulk and regional rate design proposals before the Alberta Utilities Commission (the “Commission”).

Background

Readers may remember our previous article describing the AESO’s rebuttal evidence for their bulk and regional rate design and modernized demand opportunity service application. The current rate design collects transmission costs through a mix of energy and peak demand billing determinants where a monthly coincident peak charge (“12-CP”) recovers two thirds of demand costs.



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EPCOR’s 2023 Phase II Distribution Tariff Application Decision

In Proceeding 27018, the Alberta Utilities Commission (the “Commission”) issues its decision regarding the Phase II Distribution Tariff Application of EPCOR Distribution & Transmission Inc. (“EPCOR”).



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ATCO & Fortis 2023 Cost-of-Service Review Arguments

Argument and reply argument have been submitted in AUC proceeding 26615 on ATCO Electric Ltd. (ATCO) and FortisAlberta (Fortis) cost rebasing in preparation for the next PBR term. ATCO and Fortis defended their proposals against the claims and concerns of consumer groups; Consumer Coalition of Alberta (CCA), Utilities Consumer Advocate (UCA) and The Industrial Power Consumers Association of Alberta (IPCAA).



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Court of Appeal of Alberta Decisions on DCG Credits

The Court of Appeal of Alberta has decided[1] to allow an application for an appeal of AUC Decision 26090-D01-2021. In this decision, the AUC decided that distribution tariff credits for DCGs (distribution connected generators) should be phased out.



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The Commission’s Decision on Melcor’s Complaint against FortisAlberta’s Design Standards

In Proceeding 26649, the Alberta Utilities Commission (“the Commission”) issues its decision regarding a complaint raised by Melcor Developments Ltd., Highview Communities Inc., and Sunset Properties Inc., (“the Melcor Entities”) opposing the updated design standards of FortisAlberta Inc. (“FortisAlberta”).



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