Adjudication Reporting Dashboard

Fiscal 2023-2024: Q1 and Q2 Results (April 1, 2023 to September 30, 2023)

  1. The OEB has issued 120 decisions in Q1 and Q2 of Fiscal 2023 -2024 - 94% of panel decisions and 100% of Delegated Authority decisions were issued in accordance with performance standards (the panel target is 85% while the Delegated Authority target is 95%).

  2. Of all decisions issued, more than 80% were issued more than 14 days in advance of the decision metric date.

  3. The OEB met all of its decision writing timelines, except in one proceeding.

  4. September 2023 was the month in which the most decisions (32 or 27% of all decisions) were issued by the OEB.

 

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description 120 Total Decisions
description 119 Within Target
description 1 Outside Target
people 16 Decisions Issued by Panels of Commissioners
people 104 Decisions Issued by Delegated Authority
schedule 94% Total Decisions Issued within Standard (Target = 90%)
schedule 100% Total Delegated Authority Decisions Issued within Standard (Target = 95%)
schedule 94% Decision Writing Time within Standard (for Decisions Issued by Panels of Commissioners)

Total Decisions Issued

 

 

The majority of decisions (87%) 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 decisions.

81% of the decisions issued in Q1 and Q2 were for applications related to electricity.

69% of all the decisions issued were for Licence applications; Rates comprised 16% of decisions, followed by Facilities (13%) and MAADs (3%).

Decision Issuance Spectrum

 

 

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 decision metric date established by the applicable performance standard. This Decision Issuance Spectrum highlights the fact that more than 80% of decisions issued this reporting period were issued more than two weeks in advance of the metric date.

One panel decision for EPCOR Electricity Distribution Ontario Inc. distribution rates (EB-2022-0028) was issued more than two weeks after the performance standard. The OEB provided various extensions throughout the proceeding, such as additional time for the filing of the issues list, settlement proposal, and submissions from parties. Although it missed the metric date, the decision was issued months in advance of the effective date of October 1 for the approved rates.

Key Documents Issued

 

 

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 34 Key Documents on average each month in Q1 and Q2.

Average Time for Procedural Order No. 1 (PO#1), Decision Writing and Total Cycle

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 three  applications heard under this performance standard all had full settlement proposals that were accepted by the panels of Commissioners. Full settlements generally reduce the amount of time required for decision writing relative to the performance standard.

The OEB issues decisions on fixed days each week. When a metric decision date does not fall on a Thursday, the performance standard is moved to the next Thursday. This occurred for two of the Rates - Accounting Order proceedings, therefore, while the OEB met the decision-writing standard, the actual average number of days was 33, because the issuance days were moved to the next Thursday.

The OEB issued five decisions in Q1 and Q2 under the Facilities - Complex performance standard. Three of the decisions (EB-2022-0248, EB-2022-0249, and EB-2022-0156) were issued in coordination and leveraged similar elements and findings. Due to this, the OEB was able to issue these decisions in an expedited manner.


 

 

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