Framework for Review of Intervenor Processes and Cost Awards

An OEB initiative to enhance the efficiency & effectiveness of its adjudicative processes.

On March 31, 2022, the OEB issued a letter to stakeholders seeking feedback on the Framework for Review of Intervenor Processes and Cost Awards (Framework). The Framework identified potential initiatives to enhance the efficiency and effectiveness of the OEB’s adjudicative process, particularly the role of intervenors within it, and sought feedback from stakeholders on the potential initiatives. The OEB also expressed an openness to hearing additional, new ideas for enhancing the adjudicative process.

Comments from stakeholders were received until May 1, 2022. The OEB has reviewed the comments and held internal discussions to determine and prioritize the projects recommended by participants. As a result, the OEB has developed a robust Action Plan for the Framework consisting of 11 projects – with five scheduled to be completed by the end of this fiscal year (March 31, 2023) and six to be completed by the end of next fiscal year (March 31, 2024).

Action Plan summary

The following 11 projects constitute the OEB's Action Plan:

Near-term projects

  • Substantial Interest: Clarify the meaning of substantial interest through revisions to the Rules of Practice and Procedure (Rules) or guidance documentation, or both, and examine the need to develop a standard form to be filled out by prospective intervenors that will accompany (or possibly replace) their intervention letter.
  • Intervention Letters and Annual Filings: Update the requirements for information to be filed by persons applying for intervenor status. Provide guidance on what constitutes a frequent intervenor and the purpose of annual filings.
  • Commissioner Training: Continue to provide ongoing training to Commissioners, with a specific focus on having a common understanding of active adjudication and how it can be used to ensure proceedings are more efficient and effective.
  • Active Adjudication Database: Create a database of active adjudication practices and ideas for the OEB to track and assess the efficacy of active adjudication in proceedings.
  • Standard Issues List: Develop a Standard Issues List for electricity distribution Rate applications.

Medium-term projects

  • Cost Award Guidance: Develop guidance documentation that clarifies the rules and eligibility for cost awards, and appropriately accounts for collaboration in cost awards. As well, review the appropriateness of the fee tariff, but with a goal of funding any increase in the fee tariff with offsetting process efficiencies, so as to generally maintain the overall envelope of intervenor costs.
  • Cost Award Data Collection: Expand the data collected on cost awards and utility application costs to better understand the overall costs of utility applications, including cost awards.
  • Individual Intervenors: Examine the most efficient manner that individuals can participate in the adjudicative process, while still allowing the OEB to hear and consider an individual’s concerns and establish guidance documentation and/or updates to the Rules to implement any changes.
  • Engagement with Indigenous Participants: Examine ways to further engage with representatives of Indigenous communities on participation in our adjudicative process.
  • Issues List Process: Review the Issues List process, including when and how an Issues List is determined in a proceeding.
  • Expert Evidence: Examine the Rules to ensure that current practices associated with expert evidence are reflected and seek to provide clarity and guidance on requirements for expert witnesses/evidence.

An OEB initiative to enhance the efficiency & effectiveness of its adjudicative processes.

On March 31, 2022, the OEB issued a letter to stakeholders seeking feedback on the Framework for Review of Intervenor Processes and Cost Awards (Framework). The Framework identified potential initiatives to enhance the efficiency and effectiveness of the OEB’s adjudicative process, particularly the role of intervenors within it, and sought feedback from stakeholders on the potential initiatives. The OEB also expressed an openness to hearing additional, new ideas for enhancing the adjudicative process.

Comments from stakeholders were received until May 1, 2022. The OEB has reviewed the comments and held internal discussions to determine and prioritize the projects recommended by participants. As a result, the OEB has developed a robust Action Plan for the Framework consisting of 11 projects – with five scheduled to be completed by the end of this fiscal year (March 31, 2023) and six to be completed by the end of next fiscal year (March 31, 2024).

Action Plan summary

The following 11 projects constitute the OEB's Action Plan:

Near-term projects

  • Substantial Interest: Clarify the meaning of substantial interest through revisions to the Rules of Practice and Procedure (Rules) or guidance documentation, or both, and examine the need to develop a standard form to be filled out by prospective intervenors that will accompany (or possibly replace) their intervention letter.
  • Intervention Letters and Annual Filings: Update the requirements for information to be filed by persons applying for intervenor status. Provide guidance on what constitutes a frequent intervenor and the purpose of annual filings.
  • Commissioner Training: Continue to provide ongoing training to Commissioners, with a specific focus on having a common understanding of active adjudication and how it can be used to ensure proceedings are more efficient and effective.
  • Active Adjudication Database: Create a database of active adjudication practices and ideas for the OEB to track and assess the efficacy of active adjudication in proceedings.
  • Standard Issues List: Develop a Standard Issues List for electricity distribution Rate applications.

Medium-term projects

  • Cost Award Guidance: Develop guidance documentation that clarifies the rules and eligibility for cost awards, and appropriately accounts for collaboration in cost awards. As well, review the appropriateness of the fee tariff, but with a goal of funding any increase in the fee tariff with offsetting process efficiencies, so as to generally maintain the overall envelope of intervenor costs.
  • Cost Award Data Collection: Expand the data collected on cost awards and utility application costs to better understand the overall costs of utility applications, including cost awards.
  • Individual Intervenors: Examine the most efficient manner that individuals can participate in the adjudicative process, while still allowing the OEB to hear and consider an individual’s concerns and establish guidance documentation and/or updates to the Rules to implement any changes.
  • Engagement with Indigenous Participants: Examine ways to further engage with representatives of Indigenous communities on participation in our adjudicative process.
  • Issues List Process: Review the Issues List process, including when and how an Issues List is determined in a proceeding.
  • Expert Evidence: Examine the Rules to ensure that current practices associated with expert evidence are reflected and seek to provide clarity and guidance on requirements for expert witnesses/evidence.

  • Consumer Advocate and Cost Award Process Review

    The OEB continues its work delivering against the Intervenor Action Plan. The OEB made changes to the original project in response to the Minister of Energy’s November 2023 Letter of Direction: the scope was expanded to include consideration of a dedicated consumer advocate and capping intervenor costs. As well, the project timeline was extended to accommodate the new scope and report back with recommendations by September 2024.

    To reflect the work required by the Letter of Direction, a number of projects under the Intervenor Action Plan have been collapsed or expanded and have been renamed:

    • The original Cost Award Guidance and Individual Intervenor Guidance projects in the Intervenor Action Plan were combined into one revised project called the Consumer Advocate and Cost Award Process.
    • The scope of the original Cost Award Data Collection project was expanded to include information on utility application costs in addition to examining data collected on cost awards. This project is now termed the Application Cost Data and Approval Process.


    Stakeholder meeting - July 29, 2024

    The OEB is seeking feedback from stakeholders to inform its report back to the Minister in September.

    Stakeholders are invited to attend a virtual meeting on July 29, 2024 from 1:00 to 3:30 p.m. with our consultant, InterGroup, to learn more about progress to date, including preliminary findings and recommendations from InterGroup on a designated consumer advocate, intervenor cost caps, and more.

    The meeting will include breakout rooms to ensure stakeholders have the opportunity to discuss the information with peers and to ensure the OEB is able to gather meaningful feedback from all attendees. An agenda and any supporting materials will be provided to individuals that have confirmed attendance closer to the meeting date.

    Participation

    Stakeholders who wish to participate are asked to email notice of their intention to registrar@oeb.ca by July 22, 2024. Emails should include “EB-2022-0011 – Intervenor Action Plan” in the subject line. Please note that the OEB will not be offering cost awards to participants.

  • Adoption of Amendments to Rule 22 of the Rules of Practice and Procedure, New Intervenor Forms and Related Revisions to the Practice Direction on Cost Awards

    On March 23, 2023, the OEB posted:



    These amendments and web-based forms, effective for applications filed on or after April 1, 2023, clarify the meaning of substantial interest and make provision for other improvements that will enhance the efficiency and effectiveness of the OEB’s adjudicative process.


    This work completes Near-term Projects 1 and 2 identified in the OEB’s Action Plan for the Framework for Review of Intervenor Processes and Cost Awards

  • Generic Hearings Protocol

    On December 13, 2022, the OEB issued a Generic Hearings Protocol(External link) (Protocol) which outlines factors to be considered in deciding whether an issue should be considered in a generic hearing and decision-making in relation to the commencement of a generic hearing.

    The Protocol is part of the OEB’s broader commitment to transparency and to enhancing the efficiency and effectiveness of the adjudicative process. It was identified as a separate initiative in the OEB's Action Plan for the Framework for Review of Intervenor Processes and Cost Awards.

Page last updated: 17 Sep 2024, 10:35 AM