Law360 Canada ( September 29, 2017, 8:38 AM EDT) -- Appeal by the Yukon Energy Corporation (YEC) from an order of the Yukon Utilities Board (Board) setting a rate for its wholesale electricity sales. The Board denied YEC’s request to recover from its wholesale customer a payment it made into a Board-approved rate stabilization fund, which was triggered by better than forecasted hydro generation in a year in which the customer’s wholesale purchases of electricity were also higher than forecast. The Board interpreted YEC’s costs of diesel generation narrowly and confined them to its actual diesel generation costs without regard to the rate stabilization fund payment. In doing so, it acknowledged that its definition of “actual costs” for the energy reconciliation adjustment was different than that used for the rate stabilization fund. YEC appealed the order on the basis that the decision was unreasonable. It argued that the rate set by the Board did not enable it to recover all of its costs of generating electricity, and thereby contravened Order in Council 1995/90, which required the Board to set rates sufficient to recover all such costs....