In three recent rate proceedings, the Ontario Energy Board (OEB)
has declined to approve Settlement Proposals. This is notable
because, ordinarily, the OEB has approved jointly-filed Settlement
Proposals that are endorsed by all parties to a proceeding.
In two instances, the OEB's reason for declining to approve
the Settlement Proposal related to a practice and procedure matter,
rather than to the substance of the settlement. In each of these
Decisions (Waterloo North Hydro and
Guelph Hydro ), the OEB was not prepared to accept the
parties' statement of the rules of privilege that applied to
the Settlement Conference. The OEB was concerned that the proposed
wording was potentially different from the confidentiality
requirements that are imposed on Settlement Conference participants
by the OEB's Practice Direction on Settlement Conferences.
The OEB indicated in each case that different wording would be
acceptable, so long as that different wording addressed the
