Keith Miller is a partner in the Energy – Oil & Gas and Energy – Power Groups. His practice focuses primarily on public utility, energy and environmental regulation, and he has extensive hearing experience before the National Energy Board (NEB), the Alberta Utilities Commission (AUC) and its predecessor, the Alberta Energy Regulator (and its predecessor, the Energy Resources Conservation Board), the British Columbia Utilities Commission and regulatory authorities in other provinces. Keith’s NEB experience includes hearings related to pipeline tolls and tariffs, cost of capital, pipeline construction, common carrier principles, capacity apportionment and open access pipeline issues, and long-term gas exports.
Keith has also appeared as counsel in numerous AUC hearings regarding electric and utility rate regulation, the Alberta Electric System Operator (AESO) Transmission Loss Factor Rule and Loss Factor Methodology, the development and regulation of retail gas and electric markets including retail tariff applications, electric transmission system tariff issues, and electric transmission policy. He has complete familiarity with all aspects of the current structure and operation of the electric industry in Alberta, including the mandate and functions of the AESO and the Market Surveillance Administrator (MSA). Keith has acted as counsel for market participants in MSA investigation and enforcement proceedings, as well as in arbitrations regarding generator force majeure events, conducted under Alberta's legislated Power Purchase Arrangements.
He has appeared as counsel in hearings for various facility applications, including gas processing plants, oil and gas wells, pipelines, oil sands projects, refineries and petrochemical developments, and respecting matters such as rateable take disputes, common carrier and processor applications, resource conservation schemes and gas over bitumen conflicts. Keith represented a heavy oil producer in a hearing conducted by the Alberta Energy Regulator regarding its Proceeding into Odours and Emissions in the Peace River Area. He has also represented clients with respect to potential LNG developments, frontier and offshore oil and gas, northern pipelines and an electric power project in Tanzania.
He has acted as counsel in numerous energy-related arbitrations and mediations as well as represented clients in regulatory-related proceedings before the Alberta Court of Queen’s Bench, the Alberta Court of Appeal, the British Columbia Court of Appeal and the Federal Court of Appeal. Keith has also represented clients involving investigations under the Environmental Protection and Enhancement Act and the Water Act.
Professional Activities
Keith is a member of the Law Society of Alberta and the Canadian Bar Association. He has authored and presented several papers for the Canadian Petroleum Law Foundation and served as a Director and Board Committee Member of Koch Pipelines Canada Ltd. from its inception to its sale.