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Statutes of Newfoundland 1992


CHAPTER 6

CHAPTER 6

AN ACT TO AMEND THE PUBLIC UTILITIES ACT

(Assented to April 13, 1992)

Analysis

1. S.3.1 Added
Exemption from Act

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cP-47

1. The Public Utilities Act is amended by adding immediately after section 3 the following:

Exemption from Act

3.1 (1) Notwithstanding section 3, this Act does not apply to a public utility

(a) which first engages in the generation of electricity from water after April 30, 1987;

(b) whose total installed electrical generating capacity from water at each location within the province where it has equipment or facilities located is 15 megawatts or less; and

(c) which sells the electricity generated from a location referred to in paragraph (b) to another public utility.

(2) Subsection (1) does not apply to

(a) a corporation which is the holding company of a public utility regulated by this Act or a subsidiary, an affiliate or associate of that holding company; or

(b) a subsidiary, an affiliate or associate of a public utility regulated by this Act.

(3) In subsection (2) the word "associate" has the meaning assigned to it by paragraph 2(1)(d) of the Corporations Act.

(4) Sections 7, 8 and 9 of the Corporations Act apply to determine when a corporation is a subsidiary or an affiliate of another corporation for the purposes of subsection (2).

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