Adjudication Reporting Dashboard

The majority of decisions (85%) issued by the OEB were heard by Delegated Authority. This is slightly higher than historical trends (Fiscal 2022-2023 was 81%), due to a larger than normal number of Licence applications. 

79% of the decisions issued in Fiscal 2023-2024 were for applications related to electricity.

55% of all the decisions issued were for Licence applications, Rates comprised 30% of decisions, followed by Facilities (12%) and Mergers, Amalgamations, Acquisitions and Divestitures (3%).
 

In addition to monitoring whether a decision is issued on time or late, the OEB also monitors the degree to which decisions were issued early or late relative to the total cycle time decision metric date established by the applicable performance standard. This Decision Issuance Spectrum highlights the fact that 90% of decisions issued this reporting period were issued more than two weeks in advance of the total cycle time metric date.

Four panel decisions were issued after the total cycle time performance standard:

1.     EPCOR Electricity Distribution Ontario Inc. cost of service 2023 distribution rates (EB-2022-0028). The OEB granted various extensions for filings throughout the proceeding. Although it missed the metric date, the decision was issued months in advance of the effective date of October 1 for the approved rates.
2.    Entegrus Powerlines Inc. electricity distribution licence service area amendment with Hydro One (EB-2022-0178). The amendment was contested and the OEB provided for additional procedural steps.
3.    Enbridge Gas Inc. 2023 Leave to Construct Panhandle Regional Expansion Project (EB-2022-0157). This proceeding was more complex than a typical natural gas leave to construct application and included intervenor evidence and an oral hearing. The decision has not yet been issued for this proceeding.
4.    Alectra Utilities Corporation Incremental Capital Module for 2024 distribution rates (EB-2023-0004). After the reply submission, the OEB had follow-up questions for the applicant.

The OEB issues many documents aside from decisions each month. Key Documents refers to all other documents that are issued by the OEB but are not a final Decision and Order (e.g., Notice, Procedural Order, Letter to Industry, etc.). The OEB issued 40 Key Documents on average each month of Fiscal 2023-2024.

The OEB has committed to report on the performance of key application milestones for applications heard by panels of Commissioners for major application types. The three graphs illustrate the performance for various application types relative to the performance standard for:

This graph provides the average time from receipt of a complete application to the issuance of PO#1 and compares this to the performance standard.

This graph provides the average time from the close of the record to the issuance of the decision and compares this to the performance standard.
 

The average decision writing time for the Rates <$500M performance standard is much lower than the metric of 60 calendar days because six applications heard under this performance standard achieved full settlement proposals that were accepted by the OEB. Full settlements generally reduce the amount of time required for decision writing relative to the performance standard.
 

The OEB issued eight decisions in Fiscal 2023-2024 under the Facilities – Complex performance standard, several of which had similar elements.

This graph provides the average time from a complete application to the issuance of the decision, and compares it to the performance standard.