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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 53/02

NEWFOUNDLAND AND LABRADOR
REGULATION 53/02

Newfoundland and Labrador Hydro-Abitibi
Consolidated Inc. Exemption Order, 2002

under the
Electrical Power Control Act, 1994
and the
Public Utilities Act
(O.C. 2002 - 242)
(O.C. 2002 - 243)

(Filed July 9, 2002)

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, July 9, 2002.

Deborah E. Fry
Clerk of the Executive Council

ORDER

Analysis


        1.   Short title

        2.   Definition

        3.   Exemption

        4.   Repeal


Short title

        1. This order may be cited as the Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, 2002.

Definition

        2. In this order

             (a)  "Abitibi" means Abitibi-Consolidated Inc., Abitibi-Consolidated, General Partnership, or Abitibi-Consolidated Company of Canada, as the context may require;

             (b)  "Abitibi partner" includes any partner, co-venturer or ownership participant with Abitibi; and

             (c)  "Abitibi threshold" means the Abitibi threshold as defined in the Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002.

Exemption

        3. (1) Newfoundland and Labrador Hydro is exempt from the application of the Electrical Power Control Act, 1994 and the Public Utilities Act for all aspects of its activities pertaining to the purchase, from Abitibi or any partnership, joint venture or unincorporated co-owner entity formed by Abitibi and any Abitibi partner, of electrical power and energy above the Abitibi threshold that is available from Abitibi's generating facilities at Bishop's Falls and Grand Falls following commencement of a 27 megawatt project at Grand Falls and a 4 megawatt upgrading at Bishop's Falls.

             (2)  The activities referred to in subsection (1) include

             (a)  planning and engineering new electrical power and energy generation and supply;

             (b)  negotiating and executing all contracts necessary or incidental to any activity described in this exemption; and

             (c)  acquiring and paying from its operating account, to be recovered through its rates, all amounts to be paid for the supply of this electrical power and energy under those contracts.

Repeal

        4. The Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, Newfoundland and Labrador Regulation 94/00, is repealed.