Examining Standing in Alberta’s Energy Development

Publication - March 28, 2017 - By Nikki Way, Adam Driedzic, Duncan Kenyon

This report examines regulatory standing with the Alberta Utilities Commission (AUC) and the Alberta Energy Regulator (AER). Standing is used by energy regulators to incorporate environmental considerations and the concerns of persons impacted by energy development into regulatory decisions. It is the legislative test persons must pass in order to participate, and in many cases, set in motion a regulatory hearing in absence of one. 

Standing is an ongoing issue in Alberta and has already been subject to considerable litigation and discussion in recent years. This report examines the AER and AUC's decisions on standing in practice, an area which has received far less focus. How do both regulator’s set in motion regulatory hearings. Who is allowed to participate? Does Alberta’s standing regime allow for environmental considerations?

The report provides considerations to improve both regulators' processes, examining both legislative changes and procedural changes that can be enacted by regulators through their own powers.

Tags:  Alberta.

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