Stores Block

Commission’s Reconsideration Decision of ATCO’s Wood Buffalo Fire Z Factor Adjustment

In proceeding 28320, the Alberta Utilities Commission issues its decision regarding the reconsideration of the Z factor adjustment for the assets of ATCO Electric Ltd. (ATCO) which were destroyed in the 2016 Wood Buffalo fire. In Decision 21609-D01-2019, the Commission originally denied ATCO recovery of the net book value of the destroyed assets and ATCO was directed to remove the assets from its rate base. ATCO appealed the decision in ATCO Electric Ltd v Alberta Utilities Commission. The Alberta Court of Appeal (the Court) upheld ATCO’s appeal and then turned the initial decision back over to the Commission for reconsideration.



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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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