Evaluation of Policy on Utility Consolidations
The OEB has launched a consultation to engage stakeholders to review and update the OEB’s Handbook to Electricity Distributor and Transmitter Consolidations (MAADs Handbook)[1], and associated Filing Requirements for Consolidation Applications.[2]
As noted in the Chief Commissioner 2022-2023 Year-End Update letter, the review will leverage experience to date of the OEB’s approximately 20 consolidation-related decisions issued since the original Handbook was published in 2016.[3] The review is also expected to identify and address any continuing barriers to consolidation while ensuring that customers are protected.
The review will not consider the applicability of the Handbook to natural gas consolidation applications at this time. There are only two current rate regulated natural gas distributors while for electricity there are 58 rate regulated distributors and eight rate regulated transmitters. It may be more appropriate to consider any MAADs for natural gas on a case-by-case basis, though the OEB will consider this further once the current review for the electricity sector has concluded.
As part of the OEB's ongoing review of adjudication policies, the OEB prioritized the consolidation/MAADs review for action in its 2023-2026 Business Plan.
This consultation is also expected to address the recommendations related to consolidations as outlined in the Auditor General of Ontario’s Value for Money audit report, Ontario Energy Board: Electricity Oversight and Consumer Protection.[4]
[1] The MAADs Handbook uses the term consolidation to be inclusive of mergers, acquisitions, amalgamations and divestitures.
[2] Schedule 2 of the MAADs Handbook contains filing requirements for consolidation applications.
[3] While the Handbook is applicable to both electricity distributors and transmitters, most of the OEB’s policies and prior OEB decisions have related to distributors. Transmitters should consider the intent of the Handbook and make appropriate modifications as needed to reflect differences in transmitter consolidations. The MAADs Handbook applies specifically to applications under sections 86(1)(a) and (c) and sections 86(2)(a) and (b) of the OEB Act, which are processed through the OEB’s adjudicative review process. Sections 86(1)(a) and (c) of the OEB Act relate to asset sales and amalgamations. Section 86(2) of the OEB Act relates to voting securities.
[4] See Office of the Auditor General - Value for Money Audit: Ontario Energy Board: Electricity Oversight and Consumer Protection, recommendation 11, pp. 43-44.