ATCO Gas and Pipelines Ltd v Alberta Utilities Commission

canada, canadian, case law, court opinion, canlii, abca, 2026abca285, 2026 abca 285 (canlii), 2026, abca, 285, (canlii), 2401-0170ac; ; 2501-0183ac, 2026, public utilities, utility rate regulation, performance, based regulation, reopener provision and return on equity thresholds, whether plans operated as intended and rates were just and reasonable, operational problem found from unquantified and unexplained savings and factors other than efficiencies, plans reopened and refund ordered, appeal dismissed, statutory interpretation, utility legislation, just and reasonable rates, gas utilities act, s. 45(1)(a), electric utilities act, ss 120(2)(d), 121(3), whether commission could assess if cost savings were efficiencies under incentives, focus on intended pbr incentives and material disconnect between revenues and costs upheld, no error of law, appeal dismissed, public utilities, ratemaking principles, retroactive ratemaking, knowledge exception and reopener mechanism, whether refund was barred as retroactive rate adjustment, parties aware rates were subject to change under reopener provision, remedy for years in which reopener triggered upheld, refund sustained, appeal dismissed, administrative law, procedural fairness, onus and evidentiary burden in reopener inquiry, whether commission unfairly required tracking and quantification of efficiencies and reversed prior representations, public law promissory estoppel and legitimate expectations rejected as conflicting with statutory duty, no improper onus found, fair procedure upheld, appeal dismissed, evidence, appeal, fresh evidence, palmer v the queen test, whether affidavit about reliance on prior commission statements was admissible to show unfairness, determinative question was commission’s words and conduct, not subjective understanding, proposed evidence found not to relate to required doctrines, new evidence inadmissible, appeal dismissed