Recent OEB Decisions Indicate That Intervenor Cost Awards Are Under More Scrutiny

A review of Ontario Energy Board Decisions and Orders on Cost Awards from 2016 reveals that the OEB has been more likely to disallow parts of intervenor cost claims than in past periods. In at least six cases, the OEB has declined to award an intervenor the full amount of costs claimed. For the most part, the OEB's cost award disallowances have not been prompted by objections from applicants, but instead have resulted from the OEB's own review of the cost claims made. The OEB's decisions appear to indicate a move towards controlling intervenor costs, especially in cases where the total value of intervenor cost claims is significant.

The OEB's framework for cost awards is set out in the Practice Direction on Cost Awards. The Practice Direction sets out what types of intervenors are eligible for cost awards (primarily ratepayer group representatives) and directs the process to apply for cost eligibility. The OEB's practice is to require eligible intervenors to submit