This is an official version.

 

Copyright © 2016: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Regulations

Main Site

How current is this regulation?

 
 

NEWFOUNDLAND AND LABRADOR
REGULATION 120/13

Muskrat Falls Project Exemption Order
under the
Electrical Power Control Act, 1994
and the
Public Utilities Act
(O.C. 2013-342)

(Filed November 29, 2013)

Under the authority of section 5.2 of the Electrical Power Control Act, 1994 and section 4.1 of the Public Utilities Act, the Lieutenant-Governor in Council makes the following Order.

Dated at St. John's , November 29, 2013.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


       
1.   Short title

       
2.   Interpretation

       
3.   Public utilities

       
4.   Exemption


Short title

        1. This Order may be cited as the Muskrat Falls Project Exemption Order .

Back to Top

Interpretation

        2. (1) In this Order

             (a)  "LiL" means the transmission line and all related components of the Muskrat Falls Project described in section 2.1(1)(a)(ii) of the Energy Corporation Act , and for greater certainty "all related components" in that subparagraph includes converter stations, synchronous condensers, and terminal, telecommunications, and switchyard equipment;

             (b)  "LilParty" means Labrador-Island Link Holding Corporation, the Labrador-Island Link General Partner Corporation, the Labrador-Island Link Limited Partnership, or Labrador-Island Link Operating Corporation, or any combination of them as the context may require;

             (c)  "LTA" means the transmission facilities of the Muskrat Falls Project described in subparagraph 2.1(1)(a)(iii) of the Energy Corporation Act ;

             (d)  "LTACo" means the Labrador Transmission Corporation;

             (e)  "MFCo" means the Muskrat Falls Corporation;

             (f)  "Muskrat Falls " means the hydroelectric facilities of the Muskrat Falls Project as described in subparagraph 2.1(1)(a)(i) of the Energy Corporation Act .

             (2)  In this Order, references

             (a)  to a public utility or an activity being "exempt" means the public utility or the activity is exempt from the application of

                      (i)  the Public Utilities Act, and

                     (ii)  Part II of the Electrical Power Control Act, 1994 ; and

             (b)  to a corporation or limited partnership, where the corporation or limited partnership does not exist as of the date of this Order coming into force, shall be valid upon the creation of the corporation or limited partnership under the Energy Corporation Act and the Corporations Act or the Limited Partnership Act .

Back to Top

Public utilities

        3. LilParty, LTACo and MFCo are acknowledged to be public utilities under the Public Utilities Act for the purpose of this Order.

Back to Top

Exemption

        4. (1) Newfoundland and Labrador Hydro is exempt in respect of

             (a)  any

                      (i)  expenditures, payments, or compensation paid to MFCo by Newfoundland and Labrador Hydro relating to the purchase and storage of electrical power and energy, the purchase of interconnection facilities, ancillary services, and greenhouse gas credits,

                     (ii)  obligations of Newfoundland and Labrador Hydro in addition to subparagraph (i) to ensure MFCo's and LTACo's ability to meet their respective obligations under financing arrangements related to the construction and operation of Muskrat Falls and the LTA, and

                    (iii)  expenditures, payments, or compensation paid to MFCo and revenues, proceeds or income received by Newfoundland and Labrador Hydro relating to the sale of electrical power and energy acquired from MFCo to persons located outside of the province

whether under one or more power purchase agreements or otherwise;

             (b)  any activity relating to the receipt of delivery, use, storage or enjoyment by Newfoundland and Labrador Hydro of any electrical power and energy, interconnection facilities, ancillary services, and greenhouse gas credits under paragraph (a);

             (c)  any expenditures, payments, or compensation paid to LilParty and claimed as costs, expenses or allowances by Newfoundland and Labrador Hydro relating to the design, engineering, construction and commissioning of transmission assets and the purchase of transmission services and ancillary services, electrical power and energy, from LilParty or otherwise with respect to the LiL, under one or more transmission services agreements, transmission funding agreements, or otherwise; and

             (d)  any activity relating to the receipt of delivery, use, storage or enjoyment by Newfoundland and Labrador Hydro of any transmission services and ancillary services, electrical power and energy, with respect to the LiL under paragraph (c).

             (2)  MFCo is exempt in respect of any activity, and any expenditures, payments or compensation, or any revenues, proceeds or income, relating to the following:

             (a)  the design, engineering, planning, construction, commissioning, ownership, operation, maintenance, management and control of Muskrat Falls ;

             (b)  producing, generating, storing, transmitting, delivering or providing electric power and energy, capacity, ancillary services, and greenhouse gas credits, to or for Newfoundland and Labrador Hydro or any other person or corporation for compensation;

             (c)  any activity required or related to an agreement under section 5.4 or 5.5 of the Electrical Power Control Act, 1994 ;

             (d)  negotiating, concluding, executing and performing any and all agreements for any activity referred to in paragraph (a), (b) or (c);

             (e)  raising and securing financing necessary to conduct any activity in paragraph (a), (b), (c) or (d), including without limitation the negotiation, conclusion, execution and performance of any and all agreements and security documentation with any lender providing that financing; and

             (f)  any agreements, contracts or instruments necessary or incidental to any activity described in this exemption, including agreements with LTACo.

             (3)  LilParty is exempt in respect of any activity, and any expenditures, payments or compensation, or any revenues, proceeds or income, relating to the following:

             (a)  the design, engineering, planning, construction, commissioning, ownership, operation, maintenance, management and control of the LiL;

             (b)  producing, generating, storing, transmitting, delivering or providing electric power and energy to or for Newfoundland and Labrador Hydro or any other person or corporation for compensation;

             (c)  negotiating, concluding, executing and performing any and all agreements for activities referred to in paragraph (a) or (b);

             (d)  raising and securing any financing necessary to conduct any activity in paragraph (a), (b) or (c), including without limitation the negotiation, conclusion, execution and performance of any and all agreements and security documentation with any lender providing that financing; and

             (e)  any agreements, contracts or instruments necessary or incidental to any activity described in this exemption, including agreements between one or more LilParty.

             (4)  LTACo is exempt in respect of any activity, and any expenditures, payments or compensation, or any revenues, proceeds or income, relating to the following:

             (a)  the design, engineering, planning, construction, commissioning, ownership, operation, maintenance, management and control of the LTA;

             (b)  producing, generating, storing, transmitting, delivering or providing electric power and energy to or for Newfoundland and Labrador Hydro or any other person or corporation for compensation;

             (c)  negotiating, concluding, executing and performing any and all agreements for activities referred to in paragraphs (a) and (b);

             (d)  raising and securing any financing necessary to construct the LTA, including without limitation the negotiation, conclusion, execution and performance of any and all agreements and security documentation with any lender providing that financing to the projects; and

             (e)  any agreements, contracts or instruments necessary or incidental to any activity described in this exemption, including agreements with MFCo.