The OEB monitors and evaluates the timeliness of its adjudicative proceedings on an ongoing basis, using performance standards and key performance indicators established for all application types.
The Adjudicative Reporting Dashboard provides stakeholders and industry with a comprehensive, online report of the OEB’s overall adjudicative performance, updated mid-way through and at the end of each fiscal year.
Fiscal 2021-2022 Results (April 1, 2021 to March 31, 2022)
The OEB issued 273 decisions in Fiscal 2021-2022 – 99% of which met or surpassed OEB performance standards (the OEB target is 85%).
Of all decisions issued, 80% were issued early, more than 14 days in advance of the decision metric date.
The OEB, on average, performed well with respect to decision writing timelines partly due to 14 rate applications achieving full settlement.
December 2021 was the busiest month for decision issuance.
Total Decisions Issued
The majority of decisions (78%) issued by the OEB were heard by OEB staff who have been delegated the authority to make determinations for the OEB (Delegated Authority). This is consistent with historical trends. Over the last five fiscal years, on average 79% of decisions were issued by Delegated Authority.
78% of the decisions issued were for applications related to electricity.
42% of all the decisions issued were for Licence applications; Rates comprised 38% followed by Facilities (15%) and Mergers, Acquisitions, Amalgamations, and Divestitures or MAADs (5%).
The OEB met the decision writing timelines 100% of the time.
Decision Issuance Spectrum
In addition to monitoring the timeliness of decision issuance, the OEB monitors the degree to which decisions were issued early or late relative to the decision metric date. This Decision Issuance Spectrum highlights the fact that 80% of decisions issued this reporting period were issued more than two weeks in advance of the metric date.
Key Documents Issued
The OEB issues many documents aside from decisions each month. Key Documents refers to all other documents that are issued by the OEB, but are not a final Decision and Order (e.g., Notice, Procedural Order, Letter to Industry, etc.). The OEB issued 41 Key Documents on average each month in Fiscal 2021-2022.
Average Time for Procedural Order No. 1 (PO#1), Decision Writing and Total Cycle
The OEB has committed to report on the performance of key milestones for applications heard by panels of Commissioners for major application types. The following three graphs illustrate the performance for the Time to issue Procedural Order No. 1, the Decision-writing Time and the Total Cycle Time.
This graph provides the average time from a complete application to the issuance of Procedural Order No. 1, and compares this to the performance standard. This fiscal year, the OEB issued all Procedural Order No. 1's within its metrics.
This graph provides the average time from the close of the record to the issuance of the decision, and compares this to the performance standard. This fiscal year, the OEB met its metrics for decision writing on every case.
This graph provides the average time from a complete application to the issuance of the decision, and compares it to the performance standard. In all but three cases, the OEB issued its decision within the Total Cycle Time metric .
There were 14 full and 4 partial settlement proposals filed for rates applications that were accepted by the panels of Commissioners this fiscal year. Full settlements generally reduce the amount of time required to adjudicate these applications relative to the performance standards.
The Rates $500M category includes three decisions: Hydro One’s Elimination of Seasonal Rates (EB-2020-0246) and Enbridge’s Integrated Resource Planning (IRP) (EB-2020-0091), which did not meet the performance standard, and OPG Payments proceeding (EB-2020-0290), which achieved the performance standard. Together they had an average total cycle time of 377 calendar days exceeding the performance standard of 355 calendar days.
The OEB has introduced a new category of proceeding in which a generic policy or framework is being adjudicated, such as the now concluded Enbridge IRP proceeding, the current Enbridge DSM proceeding (EB-2021-0002) and the current generic proceeding on Uniform Transmission Rates (EB-2021-0243). Given the unique nature of these types of proceedings, starting in this fiscal year the OEB establishes an expected timeline at the beginning of the proceeding rather than adopting the performance standard for other application types. These types of proceedings will therefore not be counted towards the OEB’s total cycle time metric, but will be counted towards the OEB’s 90-day decision writing metric.