National Energy Board Electricity Regulations (SOR/97-130)

Terms and Conditions of Permits for International Power Lines

6 The following are matters in respect of which terms and conditions may be included in any permit for the construction and operation of an international power line:

• (a) notice of any change in the identity of the owner or operator of the facilities;

• (b) the location of the facilities;

• (c) the location of the international boundary crossover point;

• (d) the electrical and physical characteristics, including the power transfer capability, of the facilities;

• (e) practices and procedures related to the protection and restoration of the environment affected by the facilities;

• (f) requirements respecting monitoring of the construction, operation and environmental effects of the facilities;

• (g) requirements respecting approval by the Board of any change that may be made to the facilities;

• (h) requirements relating to the mitigation of any adverse effects that the operation of the facilities may have on the reliability of any power systems to which the facilities are interconnected; and

• (i) requirements relating to the obligation of persons who provide other persons with the necessary facilities for the export of power from Canada to verify whether persons who wish to export electricity have the required permits or licences for that export.

Elections

7 An election filed with the Board under section 58.23 of the Act by an applicant for a permit or by the holder of a permit or certificate shall be in the form set out in the schedule.

PART IIIInformation to Be Furnished by Applicants for Permits for the Exportation of Electricity

Border Accommodation Transfers

8 An application for a permit for the exportation of electricity for the purposes of a border accommodation transfer shall contain the following information, unless the Board advises the applicant that the information is already in the possession of the Board or that the information is not relevant to the application:

• (a) the names of the applicant and any authorized representative of the applicant and their mailing address, address for personal service, telephone number and any other telecommunications numbers of the applicant or the authorized representative of the applicant;

• (b) a proof of publication of the notice;

• (c) the period for which the permit is sought and, for each year in that period, an estimate of the following quantities, namely,

  • (i) the maximum quantity of firm power export,

  • (ii) the maximum quantity of interruptible power export,

  • (iii) the maximum monthly and annual quantities of firm energy exports, and

  • (iv) the maximum monthly and annual quantities of interruptible energy exports;

• (d) a copy of any electricity transfer agreement that covers the proposed exportation of electricity;

• (e) a description of the international power line over which the applicant proposes to export electricity, setting forth

  • (i) the number of the certificate or permit issued by the Board,

  • (ii) the name of the holder of the certificate or permit,

  • (iii) the names of the owner and the operator of the power line outside Canada, and

  • (iv) the voltage level of the international power line;

• (f) a description of the approvals that are required to be obtained, including a statement respecting the current status of the approvals,

  • (i) from the provinces, and

  • (ii) from the appropriate authorities for the importation of electricity into the United States; and

• (g) the name, address and nature of the business of each person or agency outside Canada to be supplied with electricity, together with a statement of the power to be supplied to each.

Other than Border Accommodation Transfers

9 An application for a permit for the exportation of electricity, other than for a border accommodation transfer, shall contain the following information, unless the Board advises the applicant that the information is already in the possession of the Board or that the information is not relevant to the application:

• (a) the names of the applicant and any authorized representative of the applicant and their mailing address, address for personal service, telephone number and any other telecommunications numbers of the applicant or the authorized representative of the applicant;

• (b) a description of the applicant’s power system, a copy of the applicant’s latest annual report and, if applicable, the applicant’s most recent publicly available generation or development plan;

• (c) a proof of publication of the notice;

• (d) the name of each person or agency outside Canada to be supplied with electricity and the nature of the business carried on by the person or agency or, if that information is unknown at the time of the application, a brief description of the markets to be served;

• (e) in the case of a sale transfer, the period for which the permit is sought and, for each year in that period, an estimate of the following quantities, namely,

  • (i) the maximum quantity of firm power export and import,

  • (ii) the maximum quantity of combined firm power and interruptible power export and import,

  • (iii) the maximum monthly and annual quantities of firm energy exports and imports, and

  • (iv) the maximum monthly and annual quantities of interruptible energy exports and imports;

• (f) in the case of an equichange transfer, storage transfer, adjustment transfer or carrier transfer, a statement of the annual quantities of energy for exportation and for importation for each class of transfer for the period for which the permit is sought;

• (g) a copy of any electricity transfer agreement that covers the proposed exportation of electricity;

• (h) where no agreement exists, a statement of

  • (i) the estimated maximum duration of specific exports and the basis for that estimation, and

  • (ii) the period of time for which the permit is sought and the basis for the selection of that period of time;

• (i) a list of the international power lines over which the applicant proposes to export or import electricity, setting forth in respect of each line

  • (i) the number of the certificate or permit issued by the Board,

  • (ii) the name of the holder of the certificate or permit,

  • (iii) the name of the owner of the power line outside Canada,

  • (iv) the voltage level and operating designation of each circuit, and

  • (v) the maximum power transfer capability of each circuit and the basis for that limit;

• (j) the total simultaneous power transfer capability under normal operating conditions for all of the international power lines listed in accordance with paragraph (i) and the basis for that limit;

• (k) a description of the approvals required for the importation of electricity into the United States, and a statement respecting the current status of the approvals;

• (l) a description of the provincial approvals that are required to be obtained by the applicant, and a statement respecting the current status of the approvals;

• (m) a description of the review process applicable to each provincial approval that must be obtained, including

  • (i) a description of any public consultation provided for under the review process, and

  • (ii) a schedule for the review process;

• (n) whether new or modified facilities will be required to effect the proposed exportation of electricity and, if applicable, a detailed description of those facilities;

• (o) the adverse environmental effects resulting from the proposed exportation of electricity, and the measures to be taken to mitigate any of those environmental effects;

• (p) a description of any adverse effects that the proposed exportation of electricity could have on the operation of any power system in neighbouring provinces;

• (q) where the application specifies the terms and conditions of the proposed exportation of electricity, a description detailing the manner in which the applicant

  • (i) has informed those persons who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

  • (ii) has given those persons who have demonstrated an intention to buy electricity for consumption in Canada after having been so informed, an opportunity to purchase electricity on terms and conditions, including price, as favourable as the terms and conditions specified in the application; and

• (r) where the application does not specify the terms and conditions of the proposed exportation of electricity a description, including supporting documentation, detailing the manner in which the applicant

  • (i) will inform those persons who declare an interest in buying electricity for consumption in Canada of the quantities and classes available for sale, and

  • (ii) will give those persons who demonstrate an intention to buy electricity for consumption in Canada after having been so informed, an opportunity to purchase electricity on terms and conditions, including price, as favourable as the terms and conditions of the export.

Terms and Conditions of Permits for the Exportation of Electricity

10 The following are matters in respect of which terms and conditions may be included in any permit for the exportation of electricity:

• (a) the duration of the permit;

• (b) the maximum quantities of power and energy authorized;

• (c) the classes of electricity transfers authorized;

• (d) requirements relating to the maximum duration of export contracts;

• (e) requirements relating to the filing with the Board and prior approval by the Board of electricity transfer agreements, or any amendments to those agreements, that are entered into pursuant to the permit;

• (f) the qualification of each class of electricity transfer as firm power or interruptible power;

• (g) conditions under which the permit holder must curtail or interrupt the exportation;

• (h) the international power lines over which electricity transfers are authorized;

• (i) requirements relating to the measurement of power and energy for the purposes of the permit;

• (j) any changes in circumstances about which the permit holder is required to inform the Board;

• (k) requirements relating to the protection and restoration of the environment;

• (l) requirements relating to the mitigation of adverse effects of the export on the reliability of the power systems; and

• (m) requirements relating to the opportunities for Canadians to purchase the electricity proposed to be exported from Canada.