Supreme Court Limits Regulator's Jurisdiction over Proceeds of a Discarded Utility Asset Sale
The Energy Law Update is prepared by the members of the Energy Group at Stikeman Elliott LLP and reports on issues affecting Canadian and International business.
The recent decision of the Supreme Court of Canada in ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), 2006 SCC 4 could have important implications for the interaction of regulatory powers with the private property rights of a utility and limit the scope of a regulator's condition-making power. At issue was the authority of the Alberta Energy and Utilities Board to review the allocation of proceeds from the disposition of a discarded utility asset when approving the sale.
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