Quebec Superior Court rules against Hydro’s Request for a Judicial Review

The Quebec Superior Court has dismissed Newfoundland and Labrador Hydro’s (Hydro) motion for a judicial review of the Régie de l’énergie’s (Régie) decisions related to Hydro’s complaints regarding Hydro-Québec TransÉnergie (HQT) stemming from Hydro’s request for transmission service in January 2006. Hydro’s request for a judicial review does not affect the Muskrat Falls development and is not related to the ongoing motions before the Quebec Superior Court between Hydro-Québec and Churchill Falls (Labrador) Corporation.

 
A judicial review is not an appeal; it is a review of the Régie’s decisions based on Hydro’s submission that the decisions contained significant errors of law.
Given the stringency of the standards for judicial review and the technical nature of the issues disputed in the original complaints, the scope of the issues for which Hydro sought a judicial review was limited to two.
Hydro requested the judicial review on two particular issues:
1) the basis for determination of transmission capacity available to meet Hydro’s service request, without requiring upgrades to the system, and;
2) HQT’s imposition of a 45-day deadline in the transmission application process that ultimately led to unfair termination of Hydro’s service request.

 

Hydro is reviewing the decision and cannot provide further comment at this time.