Power Workers' Union, Canadian Union of Public Employees, Local 1000 v. Ontario (Energy Board)Court Case • May 15th, 2021
Contract Type FiledMay 15th, 2021Natural resources law -- Public utilities -- Electricity -- Generation -- Hydro -- Rates -- Appeal by Ontario Power Generation ("OPG") from dismissal of appeal from Ontario Energy Board's decision reducing nuclear compensation costs allowed -- When OPG applied for approval of its transmission rate, Board reduced nuclear compensation costs by $145,000,000 finding OPG's compensation and staffing levels, which were set by collective agreements, were too high -- Compensation costs applied for were committed costs because of collective agreements -- Board acted unreasonably because it assessed reasonableness of committed costs using hindsight of current information unavailable when collective agreements were made and it failed to conduct prudence review of nuclear compensation costs.