The OEB is undertaking a pilot project aimed at enhancing transparency of the status of OEB proceedings. The pilot includes five applications filed with the OEB that are currently before a panel of Commissioners.
The pilot is designed to obtain stakeholder feedback on a schedule format that provides a comparison between the performance standard, the case schedule for the proceeding, and the actual dates on which procedural steps occur.
The schedules will be updated by OEB staff throughout the course of the proceeding and will provide parties with an estimate of the timing of the OEB’s Decision, as well as an explanation for any material deviations that might occur.
- Waterloo North Hydro 2021 Rates (EB-2020-0059) (xlsx)
- Oshawa PUC Networks Inc. 2021 Rates (EB-2020-0048) (xlsx)
- Niagara Peninsula Energy Inc. 2021 Rates (EB-2020-0040) (xlsx)
- Halton Hills Hydro Inc. 2021 Rates (EB-2020-0026) (xlsx)
- Enbridge Gas – 2019 utility earnings and deferral variance disposition (EB-2020-0134) (xlsx)
You are encouraged to provide feedback on the effectiveness of the pilot and the format of the schedules, by emailing Registrar@oeb.ca.
Understanding the Schedules
The columns titled “Performance Standard” provide the OEB’s performance standards for processing applications, including the expected date of issuance of the OEB’s decision. The five applications selected for this pilot are currently being processed under the “Less the $500 million revenue requirement” performance standard.
The procedural steps and timelines noted in red text under the columns titled “Case Schedule” were determined by OEB staff based on the OEB’s performance standard and experience with similar types of applications. They have not been approved by the Panel and are included to illustrate the timing of the assumed subsequent procedural steps and should not be understood as indicating that decisions have been made about procedural steps – those decisions are reflected in Procedural Orders issued from time to time in the proceeding.
Below are some general points to assist in understanding the case schedules:
- Once an application is filed, the first step is a completeness review of the application.
- The performance standard for issuance of a “Completeness Letter” is 14 calendar days from the date of filing of the application.
- The date of issuance of the Completeness Letter is the date on which the OEB’s performance standard for total cycle time (days elapsed to issuance of the OEB’s final decision) starts to run.
- Procedural Order No. 1 typically sets out the procedural steps for the proceeding at least up to the initial interrogatory phase.
- Further Procedural Orders may be issued from time to time adding and/or revising procedural steps and timelines.
- For example, the OEB Panel of Commissioners assigned to the case may decide to have an oral hearing when one might not have been contemplated at the outset.
- Final decisions are typically issued on Thursdays. The target date for issuance of a final decision is based on the total cycle time performance standard for a given application type (for example, 230 days for a cost-based rate application that involves an annual revenue requirement of less than $500 million).
- As a result, the target date for the issuance of the OEB’s final decision may deviate slightly from the 230-day timeline in order to set the target date for a Thursday.
- The Rate Order and Cost Awards process, as applicable, are not shown on the schedules. The process steps and timelines, if applicable, will be communicated in the OEB Decision.
OEB proceedings for a given type of application typically follow similar procedural steps. However, each application is unique. Fewer or additional procedural steps may occur than had been anticipated. Similarly, more or less time may be required to complete a particular procedural step. Notes are included on the schedules as required to explain the status of the proceeding, the implications of a given Procedural Order or other case-specific information.
The schedule will be updated as required as the proceeding evolves, and the schedule will indicate when it was last updated. Parties and other interested stakeholders should always refer to the electronic file in the OEB’s Regulatory Document Search for the application for the most recent case information.
The pilot project is testing the case schedule format for the following five proceedings which are currently at different stages of the hearing process:
- Waterloo North Hydro Inc.’s 2021 cost of service application for electricity distribution rates, effective January 1, 2021 (EB-2020-0059)
- Oshawa PUC Networks Inc.’s 2021 cost of service application for electricity distribution rates, effective January 1, 2021 (EB-2020-0048)
- Niagara Peninsula Energy Inc.’s 2021 cost of service application for electricity distributions rates, effective January 1, 2021 (EB-2020-0040)
- Halton Hills Hydro Inc.’s cost of service application for electricity distribution rates, effective, May 1, 2021 (EB-2020-0026)
- Enbridge Gas Inc.’s application for approval of its 2019 utility earnings and deferral and variance disposition, following the board’s approval assumed date of January 1, 2021 (EB-2020-0134)