Implementing the OEB's 10-point Action Plan

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

The OEB has begun the implementation of its 10-point Action Plan (the Plan), part of its September 2024 Report Back to the Minister on Intervenors and Regulatory Efficiency (the Report). Both the plan and Report are aligned with the 2024 Minister’s Letter of Direction, which emphasizes regulatory efficiency to enable growth as a priority for the OEB. Specifically, the Plan aims to enhance adjudicative excellence, lower costs for consumers and reduce regulatory burden.

In addition to implementing the Plan, the OEB will continue to identify practices that ensure intervenor participationContinue reading

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

In addition to implementing the Plan, the OEB will continue to identify practices that ensure intervenor participation is cost effective, efficient and in the public interest.

OEB 10-point Action Plan

While the OEB’s current intervenor framework effectively allows parties with substantial interests to be heard in an efficient and cost-effective manner, the OEB intends to implement the following actions to enhance adjudicative excellence, lower costs for consumers, and reduce regulatory burden.

Limiting the scope and number of intervenors in priority facility projects
Establishing budgets for intervenors participating in certain applications
Categorizing intervenors by interests and developing approaches for increasing collaboration
Exploring options to minimize duplication in interrogatories
Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings
Enhancing reporting, tracking and analysis of utility costs
Enhancing annual reporting
Continuing to actively adjudicate regulatory proceedings
Continuing savings, efficiencies, and reduced regulatory burden for small utilities
Maintaining predictable costs

UPDATES

Implementation Update - Fall 2025
The OEB continues to deliver on its 10-Point Action Plan. Significant progress has been made across a range of initiatives, underscoring our commitment to ongoing improvement in our adjudicative process. We are pleased to share this update on the implementation status of each item.
Action Plan Item 1 – Limiting the scope and number of intervenors in priority facility projects
To support Ontario’s priority electricity and natural gas projects the OEB ensures regulatory proceedings for government-directed electricity and natural gas projects are appropriately scoped and proportionate to the nature of the review to maintain regulatory efficiency.
The OEB has initiated research and reviewed its approach to priority facility projects, including Indigenous engagement for natural gas facilities and will continue to assess intervenor status according to its relevance and significance within the proceeding’s defined scope.
Action Plan Item 2 – Establishing budgets for intervenors in certain applications
The OEB piloted a $20,000 budget per intervenor for cost of service applications involving 10 electricity distributors with less than 30,000 customers (see list below). The pilot cases have concluded, cost awards have been issued, and feedback has been gathered from intervenors. The OEB is reviewing the results to assess the value of the continued use of budgets.
Intervenor Budget Pilot Cases:
Action Plan Item 3 – Categorizing intervenors by interests and developing approaches for increasing collaboration
On April 25, 2025, the OEB issued a letter and framework on intervenor categorization for stakeholder comment and has since reviewed the feedback received.
Intervenor categories were piloted in the Enbridge Gas Inc. Demand Side Management proceeding (EB-2024-0198), which has concluded and a decision has been issued. The OEB will meet with the parties to get their feedback on the pilot in December 2025. The OEB is preparing to pilot intervenor categories in another proceeding.
Action Plan Item 4 – Exploring options to minimize duplication in interrogatories
The OEB is piloting SharePoint for collaboration on interrogatories (IRs) in two cost of service rate applications:
- Pilot A: Burlington Hydro Inc. (EB-2025-0051)
- Pilot B: Oshawa PUC Distribution Inc. (EB-2025-0014)
For Pilot A, OEB staff independently filed one set of IRs and intervenors jointly filed a second set of IRs. Both sets of IRs were filed on the same due date.
For Pilot B, OEB staff shared its IRs with intervenors five days before the filing deadline, allowing intervenors an opportunity to review and add additional IRs. A single set of IRs was filed on the due date.
Both proceedings are expected to conclude in early 2026. After decisions are issued, the OEB will meet with parties to gather feedback, assess reductions in duplicative IRs, and determine whether to continue using SharePoint and what changes may be needed.
Action Plan Item 5 – Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings

The OEB has developed a vetting process for screening individual intervenors. The Rules of Practice and Procedure have been updated to define criteria for granting intervenor status to those individuals representing personal or policy interests. OEB staff will continue assisting individual intervenors to enhance their understanding of the adjudicative process.
Action Plan Item 6 – Enhancing reporting, tracking and analysis of utility costs
The OEB continues to consult stakeholders on the reporting of utility costs and has begun collecting new data to support these efforts.
Action Plan Item 7 – Enhancing annual reporting
The OEB continues to consult stakeholders on enhancing annual reporting and has begun collecting new data to support these efforts.
Action Plan Item 8 – Continuing to actively adjudicate
The OEB has completed a jurisdictional scan to confirm its alignment with best practices in active adjudication. Building on these insights, we have engaged in discussions to strengthen and refine our current approaches. These improvements will be documented to promote consistency and transparency going forward.

Action Plan Item 9 - Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings

The Very Small Distributors (VSD) pilot project has concluded.[1] The OEB reviewed its outcomes, including intervenor feedback and a comparison of formal interrogatories between pilot cases and previous cost of service applications. OEB staff prepared recommendations which have been adopted.

As a result, the OEB is introducing a one-day issues meeting as part of its new Small Distributor[2] Process for cost of service applications. This streamlined approach is designed to reduce regulatory burden and simplify the review for small electricity distributors. Chapter 2 of the Filing Requirements for Electricity Distribution Rate Applications will be updated to include the acceptance criteria for the Small Distributor Process, applicable to electricity distributors submitting 2027 rate applications.
Very Small Distributors Pilot Cases:
1. Hydro 2000 Inc. (Hydro 2000) (EB-2024-0030)
2. Atikokan Hydro Inc. (Atikokan Hydro) (EB-2024-0008)
3. Tillsonburg Hydro Inc. (Tillsonburg Hydro) (EB-2023-0053)
4. Hydro Hawkesbury Inc. (Hydro Hawkesbury) (EB-2024-0031)
5. Northern Ontario Wires Inc. (Northern Ontario Wires) (EB-2024-0046/EB-2025-0160)
[1] A VSD is an electricity distributor fewer than 5,000 customers. The VSD Pilot was previously name the Very Small Utilities Pilot.
[2] A small distributor has between 5,000 and 30,000 customers.
Action Plan Item #10 - Maintaining Predictable Costs - Updating the Cost Award Schedules
The OEB has revised its cost award schedule for legal counsel and consultants, effective June 1, 2025. This update aligns fees with other jurisdictions and reflects intervenor contributions under the current regulatory framework. Annual inflationary reviews and a five-year benchmarking process will ensure continued alignment with industry standards.
Implementation Update - May 28, 2025

The OEB is advancing the implementation of another of the Plan’s 10 initiatives, specifically Item 4 - Exploring options to minimize duplication in interrogatories. The OEB will pilot the use of technology and process changes to increase collaboration and reduce duplication, and the overall number of interrogatories (IRs) submitted from parties.
The OEB will select two test cases from among the 2026 Electricity Distributor less than $500 million revenue requirement Cost of Service applications. The test cases are still to be determined, however, the OEB intends to select medium-sized proceedings with three to five intervenors each. Once selected, two different approaches will be taken.
Approach 1: OEB staff will independently file one set of IRs and intervenors will jointly file a second set of IRs. Both sets of IRs will be filed on the same due date.
Approach 2: OEB staff will share its IRs with intervenors five calendar days in advance of the IR filing due date. This will give intervenors an opportunity to review the OEB staff IRs and add any additional IRs accordingly. One set of IRs will be filed on the due date.
For both approaches, parties will prepare the IRs in Word and collaborate using SharePoint. The IRs will be filed as a PDF that will be placed on the public record, in accordance with current practices. Further instructions will be provided to the intervenors of each test case at a later date.
The OEB will meet separately with intervenors and the applicant at the conclusion of the proceeding to gather their feedback.
Intervenors will continue the current practice of filing separate submissions.
Intervenors will have an opportunity at the cost award stage to explain how they individually contributed value in the proceeding, including at the IR stage.
The OEB may conduct a second pilot involving larger sized proceedings with more intervenors, depending on the results of the first pilot. More information will be provided as it becomes available.
Implementation Update - April 23, 2025
The OEB issued a letter to provide an update regarding the implementation of two of the Plan's 10 initiatives:
- Maintaining Predictable Costs – Updating the Cost Award Schedules
- Categorizing Intervenors by Interests and Developing Approaches for Increasing Collaboration
Maintaining Predictable Costs - Updating the Cost Award Schedules (Item #10)
The Report highlighted the need to maintain predictable costs as a key area for action. In response, the OEB conducted a jurisdictional review of the intervenor cost award schedule (the schedule) for legal counsel and consultants, which was last updated in 2007.
Effective June 1, 2025, the OEB will adjust the fee schedule for legal counsel and consultants for all new cost claims filed. This adjustment aligns with other jurisdictions and reflects the value provided by intervenors within the current regulatory framework. The OEB has updated its Practice Direction on Cost Awards, which establishes the maximum hourly rates that can be reimbursed.
The OEB will also conduct annual inflationary reviews, and a benchmarking review every five years to ensure the fee schedule remains aligned with industry standards.
Categorizing Intervenors by Interests and Developing Approaches for Increasing Collaboration (Item #3)
The OEB plans to establish categories for intervenors that typically have a substantial interest in proceedings. Examples of categories could include intervenors who represent industrial customers, commercial property owners or environmental interests. Intervenors with similar interests will be required to coordinate with each other to enhance regulatory efficiency and avoid duplication in proceedings.
Multiple intervenors can represent the same interest. For example, two industrial intervenors could have a material interest in a utility rate application that is within the scope of the proceeding. However, in cases where multiple intervenors represent the same interest, the Registrar and assigned panel of Commissioners will require them to collaborate to reduce duplication, streamline the adjudicative process, and limit costs. Further details are included in the Appendix to the letter.
Next Steps
The OEB is seeking feedback on the proposed list of typical intervenor categories (see Appendix), with the understanding that categories might be adjusted based on the type of application.
Stakeholders who wish to provide comments on the categorization of intervenors should submit their comments to registrar@oeb.ca by May 14, 2025. Emails should include “EB-2025-0098 – 10-Point Action Plan – Item #3” in the subject line.