ATCO Gas and Pipelines Ltd. v Alberta (Energy and Utilities Board), 2008 ABCA 381

The applicant ATCO Gas and Pipelines Ltd. (“ATCO”), seeks leave to appeal a decision of the Alberta Energy and Utilities Board (now the Alberta Utilities Commission) ( the “Board”), dated December 11, 2007, in which the Board conditionally approved the sale of certain land owned by ATCO (the “Harvest Hills Lands”). The Harvest Hills Lands were not used nor required to be used for utility purposes. The Board nevertheless required that ATCO place the sale proceeds in a deferral account, to allow the Board to consider the use to which the proceeds of sale might be put to offset or mitigate the cost of any new works which might be required in a subsequent general rate application.