Electricity Canada's Regulatory Forum 2022 Program

Electricity Canada Regulatory Forum 2022 | 1

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Electricity Canada Founded in 1891, Electricity Canada (formerly the Canadian Electricity Association) is the national forum and voice of the evolving and innovative electricity business in Canada. The Association supports, through its advocacy efforts, the regional, national, and international success of its members. Electricity Canada is the national voice for sustainable electricity for its members and the customers they serve as the country works towards a Net Zero by 2050 future. www.electricity.ca |   

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Welcome This year Electricity Canada’s annual Regulatory Forum is being held on May 4th, which will mark 4,989 days, or a little over 13.5 years, until the Canadian electricity sector is to achieve Net Zero carbon output under the federal government’s aspirational target. The challenge does not end there as decarbonizing the entire economy by 2050 will require an estimated doubling or tripling of current power production.

How will our energy systems deliver on this herculean task? What are the roles for regulators and policymakers in facilitating the transition?

The theme for this year’s Regulatory Forum is “Regulating for Net Zero 2035 & 2050”. While regulatory innovation has long been a central focus of this forum, with the clock ticking, regulatory transformation is perhaps a more suitable mantra for the session.

To this end we have assembled a diverse group of expert speakers and perspectives on the subject. We will be talking about the potential for improving the effectiveness of regulatory processes by becoming more risk based; the degree to which regulators should be activists in driving environmental outcomes relative to other levels of government; and we will also hear from international experts on how other countries around the world are grappling with the regulatory challenges of decarbonizing energy systems while also addressing reliability and customer affordability concerns.

In this program you will also find a recent press release for an international regulatory research report commissioned by Electricity Canada, the Canadian Gas Association, and Natural Resources Canada. The report urges the creation of a national task force to address the regulatory challenges posed by Net Zero.

These discussions are critical. To have a chance of being successful, the electricity industry will, as Prime Minister Trudeau said, need to do more, faster. But the clock is ticking. There are 4,989 days until the federal government has pledged to make Canada’s grid completely green. Everyone – the electricity sector, government and civil society – has to start moving before time is up.

We look forward to the conversation!

Francis Bradley

President and CEO | Electricity Canada

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Energy Sector Calls for National Regulatory Task Force (Ottawa – April 21) Energy utilities around the world are working to reimagine the fuels and energy services they offer consumers. A critical barrier to emissions reductions around the world, and in Canada, stems from the fact that utility legislation – which sets out what a utility can invest in doesn’t work in a Net Zero future Currently, environmental benefits, including greenhouse gas reductions, are not actively considered in the decision-making process of many utility regulators, each of whom interpret and follow the utility legislation in their province or territory.

This poses a challenge as Canada and countries around the world continue to set more stringent emission reduction goals. In Canada, over 55% of all the energy used by consumers is delivered on regulated infrastructure, and provincial/territorial economic regulators focus first on minimizing end cost to consumers. This essentially means that until utility legislation and policymaking changes to account for emissions reductions, progress towards environmental targets will continue to be stifled as utilities are hindered from investing in solutions that will reduce greenhouse gases and enable national Net Zero emissions by 2050.

To better understand how Canada can reform utility legislation in Canada, the Canadian Gas Association and Electricity Canada are releasing the flagship report titled: Net Zero: An International Review of Energy Delivery System Policy and Regulation for Canadian Energy Decision Makers.

4 | Electricity Canada’s Regulatory Forum 2022

This report presents international case studies and a roadmap for Canada to amend and update utility regulatory policy and legislation. The report also received financial support from Natural Resources Canada and was written by Gattinger and Associates.

It draws utility legislative and policy reform insights from three countries including Australia, the UK and the United States (New York State).

Central to the report’s findings is that Canada must prioritize the creation of a time-limited task force with a mandate to develop concrete legislative and policy reform. The task force would convene federal, provincial, and territorial policy makers and regulators alongside Indigenous and municipal governments and organizations, industry, civil society and academic leaders to identify policy, legislative and regulatory barriers. The work of such a task force would not supplant existing efforts towards emissions reductions, but rather serve to reinforce, better coordinate, and strengthen them.

Key to the approach is that it respects the roles of federal, provincial/territorial and municipal governments and the diversity of energy markets across the country. Such a process would be collaborative, transparent and represent the expertise needed to successfully accomplish it.

QUOTES: “If Canada wants to achieve the goal of zero carbon emissions by 2050, then energy companies need the freedom to invest in solutions that will help make that happen. We have seen this first-hand with many electricity companies in Canada, who need to do more, faster, to increase the capacity of the electricity grid and reduce greenhouse gas emissions – only for it to be hampered by outdated legislation. This report comes at a critical time. Policymakers in Canada need to pay serious attention to the recommendations of this report, and the examples given from other countries who have made similar legislative changes. Electricity Canada welcomes this new report and the guidance it has to offer.”

- Francis Bradley, CEO, Electricity Canada “The natural gas delivery industry has played a foundational role in ensuring Canadians have access to clean, affordable and reliable energy to meet their daily needs. The industry is committed to a culture of constant improvements, and this includes making important investments in enhancing environmental performance and innovation. The recommendations shared in this report will provide key guidance for utilities, policymakers, and regulators to ensure that the regulatory environment is modernized in a way that meets the needs and objectives of the industry – today and in the future. The natural gas industry is looking forward to continuing to engage all stakeholders to advance energy innovation and reach environmental objectives.” - Timothy M. Egan, President and CEO, Canadian Gas Association “In our effort to lower emissions and fight climate change, Canada needs access to every tool in the toolbox. This means ensuring that communities across the country have access to reliable and affordable clean energy. Canada has one of the cleanest electricity power grids in the world and through initiatives like the Clean Electricity Standard and the PanCanadian Grid Council, which would provide external advice in support of national and regional electricity planning, we are building on this foundation. That is why I welcome this report - as we work towards achieving a net zero electricity grid by 2035, publications like this one will continue to contribute valuable recommendations and perspectives on the most effective pathways towards a more sustainable Canada.” - Hon. Jonathan Wilkinson, Minister of Natural Resources

Read the report: Net Zero: An International Review of Energy Delivery System Policy and Regulation for Canadian Energy Decision Makers

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Agenda

Electricity Canada Regulatory Forum: Regulating for Net Zero 2035 & 2050 Sheraton Vancouver Wall Centre, Grand Ballroom Wed. May 4, 2022 – Vancouver, BC

12:00 PM

1:00 PM

Catered Lunch: In Junior Ballroom

Introduction & Keynote Speaker: Insights from the European energy crisis Dr. Bros is a leading European energy expert and will discuss the root causes of the current European energy crisis. He will also identify some key insights that can inform Canadian regulators, policymakers, and other energy stakeholders as we move towards a Net Zero energy grid.

Moderator: Francis Bradley - President & CEO, Electricity Canada Speaker: » Thierry Bros - Professor, Sciences Po Paris

1:45 PM

Panel 1: Is a shift to more risk-based regulation required?

What regulatory changes are needed today to achieve Net Zero by 2050? Is there a need for Canadian regulations/ regulators to be more risk-based and less prescriptive? Should the duration, complexity, and effort of regulatory processes be proportionate to risk? If so, how do we get there and what are the costs/benefits?

Moderator: Kurtis Hildebrandt - Director, Regulatory Affairs, ENMAX Speakers: » » » »

Heather Black - Public Intervener for the Energy Sector, Office of the Public Intervener, New Brunswick Indy J. Butany-DeSouza - President and CEO, Elexicon Energy Inc. Jim Rossi - Judge D. L. Lansden Chair in Law, Vanderbilt University Law School Sally Talberg - President, Talberg Policy Solutions & Senior Policy Fellow, Public Sector Consultants

2:45 PM

Networking & Refreshments

3:00 PM

Panel 2: The regulator’s role in net zero and navigating the 3 political levels

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With sometimes conflicting interests and directives at the municipal, provincial and federal levels, how should regulators navigate these differences to deliver environmental outcomes? Should they be “activists” or await political alignment/direction?

Moderator: Chris Sandve - Chief Regulatory Officer, BC Hydro Speakers: » » » » »

Kristen van de Biezenbos - Associate Professor, University of Calgary Jason Dion - Mitigation Research Director, Canadian Climate Institute Mark Kolesar - Public Utility Regulation Expert, Kolesar Buchanan & Associates Ltd. Dave Nikolejsin - Strategic Advisor, McCarthy Tétrault Liza Reed - Research Manager, Low Carbon Technology Policy, Niskanen Center

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4:15 PM

Interview: Learnings from intl. jurisdictions that are regulating for Net Zero 2050 Electricity Canada, the Canadian Gas Association, and Natural Resources Canada recently commissioned a research project featuring Australia, New York State, and the UK as case studies in discerning best practices and lessons learned regarding regulatory modernization to enable environmental objectives. This interview will address the important question: How do we move forward with regulating and policymaking for Net Zero by 2050?

Moderator: Francis Bradley - President & CEO, Electricity Canada Speakers: » Monica Gattinger - Professor, School of Political Studies, University of Ottawa » Mike Cleland - Executive in Residence, Positive Energy Project at the University of Ottawa

4:45 PM

Closing Remarks Speaker: » Francis Bradley - President & CEO, Electricity Canada

5:00 PM

Electricity Canada Regulatory Forum & Corporate Partners Reception Location: The Vancouver Club (915, West Hastings Street, Vancouver, BC, V6C 1C6), Georgian Room Refreshments and appetizers will be served. Suttle service provided from hotel lobby.

Thank you to our sponsors:

Flux Capacitor Podcast A podcast about the future of electricity.

The Flux Capacitor podcast features discussions with business and thought leaders of the electricity industry on the future of the business of electricity. The discussions touch on how we create, move, trade, and use energy, with each guest adding their own expertise and perspective to the conversation.

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Electricity Canada Regulatory Forum 2022 | 7

Speakers Bio Kristen van de Biezenbos Associate Professor, University of Calgary

Kristen is an Associate Professor with the University of Calgary Faculty of Law and Haskayne School of Business. She teaches and writes on energy law and policy, especially community impacts of resource projects, electricity transmission and planning, and energy equity.

Heather Black

Public Intervener for the Energy Sector, Office of the Public Intervener, New Brunswick

Heather is New Brunswick’s Public Intervener for the Energy Sector, a role focused on advocating on behalf of the public interest in proceedings of the New Brunswick Energy and Utilities Board.

She holds a Bachelor of Laws degree and Bachelor of Business Administration degree from the University of New Brunswick.

Dr. Thierry Bros

Indy J. Butany-DeSouza

Thierry’s expertise is in energy markets, policy, climate and geopolitics. Thierry is a Professor at Sciences Po Paris and his 30+ years long career includes a role in charge of Security of Supply at the French Ministry of Economy and Finance where he liberalised the French gas market and supervised the European Contingency Gas Plan.

Indy is the President and CEO of Elexicon Energy Inc., servicing approximately 171,000 customers in parts of Durham Region and beyond. Prior to joining Elexicon, Indy served as Vice President, Regulatory Affairs and Privacy Officer at Alectra Utilities.

Michael Cleland

Jason Dion

Michael is an Executive in Residence with the University of Ottawa’s Positive Energy Project, immediate past chair of the Board of Directors at the Canadian Energy Research Institute, chair of the Board of Directors of QUEST (Quality Urban Energy Systems of Tomorrow) and a Senior Fellow with the Canadian Global Affairs Institute.

Jason’s work focuses on Net Zero, Canadian climate policy, electricity systems and clean electrification, and carbon pricing. His team is currently engaged on a project focused on aligning Canadian electricity systems with Net Zero. This new project focuses on policy actions for ensuring Canadian electricity systems are positioned to deliver on this potential.

Monica Gattinger

Kurtis Hildebrandt

Monica is Director of the Institute for Science, Society and Policy, Full Professor at the School of Political Studies and Founding Chair of Positive Energy at the University of Ottawa. She holds a Ph.D. in public policy from Carleton University.

Kurtis leads teams of professionals responsible for the submission of data filed in applications for ENMAX’s regulated distribution and transmission business. He has more than 20 years of utility experience spanning leadership, policy management, regulatory strategy and process improvement.

Professor, Sciences Po Paris

Executive in Residence, Positive Energy Project at the University of Ottawa

Professor, School of Political Studies, University of Ottawa

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President and CEO, Elexicon Energy Inc.

Research Director, Mitigation, Canadian Climate Institute

Director, Regulatory Affairs, ENMAX

Mark Kolesar

Liza Reed

Mark has worked in the areas of regulation and public policy, external relations, marketing, strategy and business development, and mergers and acquisitions. He was a member of the Alberta Utilities Commission for twelve years, including six years as Vice Chair and two years as Chair of the Commission.

Liza is an expert in High Voltage Direct Current, electricity transmission, and technology innovation. At Niskanen she plans and conducts policy analysis for U.S. decarbonization, focusing on the intersections of electricity transmission, domestic manufacturing, electrification, and infrastructure deployment.

Dave Nikolejsin

Jim Rossi

Public Utility Regulation Expert, Kolesar Buchanan & Associates Ltd.

Strategic Advisor, McCarthy Tétrault

Dave previously served the B.C. government as Deputy Minister responsible for mining, BC Hydro, independent power producers, oil, natural gas and pipeline affairs for seven years.

Dave has also served as the B.C. Associate Deputy Minister of the Environmental Assessment Office, where he acted as Chief Executive of the stand-alone office responsible for environmental assessments of major projects in B.C.

Research Manager, Low Carbon Technology Policy, Niskanen Center

Judge D. L. Lansden Chair in Law, Vanderbilt University Law School

Jim is nationally recognized for his research on administrative and energy law topics. His recent articles focus on the role of public utility doctrines and principles in modern energy markets, as well as federalism and other shared jurisdictional issues affecting agency regulation.

Sally Talberg

Chris Sandve

Sally is a former state utility regulator and independent system operator board chair with 25 years of experience in energy and environmental regulatory policy. As a commissioner, Sally served on various state, regional, and national boards and committees on electricity, natural gas, oil, infrastructure, and telecommunications issues.

Chris has been with BC Hydro since 2015 when he joined as a Director of Policy & Reporting. From there, his role evolved to Director of Policy & Corporate Relations and more recently becoming Chief Regulatory Officer. Prior to BC Hydro, Chris held roles with provincial and local governments, including serving as Chief of Staff to the Minister of Energy and Mines.

President, Talberg Policy Solutions & Senior Policy Fellow, Public Sector Consultants

Chief Regulatory Officer, BC Hydro

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Accelerate Net Zero State of the Canadian Electricity Industry 2022 More. Faster. With action on climate desperately needed, the Canadian government has indicated its desire to work toward a Net Zero grid by 2035. The clock is ticking.

This year’s State of the Canadian Electricity Industry examines the impact Net Zero is having on the industry and offers an overview of necessary industry actions and specific recommendations to help Canada’s electricity industry continue to provide safe, secure and sustainable electricity for all Canadians in the face of rapid transformation.

Read Now

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