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.