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Statutes of Newfoundland 1991
AN ACT TO AMEND THE ELECTRICAL POWER CONTROL ACT
(Assented to December 11, 1991)
1. S.2 Amdt.
2. S.3 Amdt.
3. Ss. 4.1, 4.2 & 4.3 R&S
4. S.20 Rep.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1977 c.92 as amended
1. Paragraph 2(i) of The Electrical Power Control Act is repealed and the following substituted:
(i) "rural customer" means
(i) former customers of the Power Distribution District for which the Hydro Corporation became responsible for providing service on January 1, 1990, and
(ii) all new customers of the Hydro Corporation which would have been served by the Power Distribution District had it still been in existence.
2. (1) Subparagraph 3(c)(ii) of the Act is amended by striking out the words "cost of service" and by substituting the words "forecast costs for that supply of power".
(2) Section 3 of the Act is amended by renumbering it as subsection 3(1) and by adding immediately after subsection (1) the following:
(2) Notwithstanding the other provisions of this Act, in the case of the Hydro Corporation, the forecast costs for the supply of power to a customer shall include an amount to be allocated to that customer of the difference between the forecast annual revenues and the costs allocated by the Hydro Corporation to serve rural customers.
3. Sections 4.1, 4.2 and 4.3 of the Act are repealed and the following substituted:
Deferred costs for 1991
4.1 (1) Notwithstanding the other provisions of this Act, the Hydro Corporation may defer an amount of its costs incurred during 1991 in serving rural customers and retail customers which amount, if not deferred, would cause the Hydro Corporation to earn less than the minimum margin of profit last recommended by the Public Utilities Board.
(2) Until the amount deferred under subsection (1) is fully recovered from customers, the Hydro Corporation shall include the amount deferred in its forecast costs for the supply of power filed with the Public Utilities Board for subsequent years after 1991.
Direction to Public Utilities Board
4.2 The Public Utilities Board shall include in the rates recommended for retailers the amounts included under subsection 3(2) in the forecast costs for the supply of power to retailers and the costs deferred under section 4.1, notwithstanding that
(a) these amounts may not be related to providing service to the retailers; and
(b) these amounts may have been incurred prior to the year for which new rates are proposed.
4. Section 20 of the Act is repealed.
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