- Updated to: March 8,
2016 -
(Includes
Amendments Assented to December 2, 2015)
AND
(Includes
Amendments Assented to December 7, 2012)
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Act)
CHAPTER E-4
ELECTRIC POWER ACT
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Preamble |
WHEREAS the rates, tolls and
charges for electric power should be reasonable, publicly justifiable, and
non-discriminatory; |
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AND WHEREAS the regulation
of public utilities supplying electric power should be conducted in an
manner that is efficient; |
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AND WHEREAS public
utilities should utilize energy efficiency and demand-side resource measures
whenever it is cost-effective to do so; |
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AND WHEREAS the system of
regulation of such public utilities should allow public input whenever the
rates, tolls and charges for electric energy seem, in any respect, to be
unreasonable or unjustly discriminatory;
2013;c.12.s.1. |
Definitions
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1.(1) In this Act |
approved
energy efficiency and demand side-resources plan |
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(a) "approved energy efficiency and demand-side resources
plan" means, in respect of a public utility, an energy efficiency and
demand-side resources plan of the public utility that is approved by the
Commission under section 16.1, and includes any amendments to the plan that
are approved by the Commission under that section; |
Commission |
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(b) "Commission" means the Island Regulatory and Appeals Commission
established under section 2 of the Island Regulatory and Appeals
Commission Act R.S.P.E.I. 1988, Cap. I-11; |
Corporation |
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(c) "Corporation" means the Prince Edward Island Energy Corporation
established under the Energy Corporation Act R.S.P.E.I. 1988,
Cap.E-7; |
electric
energy |
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(d) "electric energy" includes electric power that is
produced, transmitted, distributed or furnished by a public utility; |
energy
efficinency and demand-side resource measures |
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(e) "energy efficiency and demand-side resource measures" means, in
respect of a public utility, any activities, techniques, standards or
programs that are or may be used by the public utility to reduce the
consumption of electric energy or modify when electric energy is consumed; |
Minister |
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(f) "Minister" means the Minister of the Crown designated by the Lieutenant
Governor in Council as the Minister responsible for the administration of
this Act; |
Operating Fund |
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(g) "Operating Fund" means the Operating Fund as defined in the
Financial Administration Act R.S.P.E.I. 1988, Cap. F-9; |
permit |
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(h) "permit" means a permit issued by the Commission under subsection
2.1(2); |
person |
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(i) "person" includes an individual, a partnership, a corporation and a
municipal corporation; |
public utility |
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(j) "public utility" means any person, and the lessees, trustees,
liquidators or receivers of any person, that owns or leases, operates,
manages or controls, or is incorporated for the purpose of owning or
leasing, operating, managing or controlling, any plant or equipment for
the production, transmission, distribution or furnishing of electric
energy, either directly or indirectly, to or for the public, but unless
the Lieutenant Governor in Council by proclamation declares otherwise,
does not include any city or town except to the extent that the city or
town furnishes electric energy to customers beyond its corporate limits; |
rate base |
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(k) "rate base" means the maximum valuation of assets fixed by the
Commission pursuant to section 21 upon which a public utility may earn a
percentage of return established by the Commission, or another method of
computing a maximum return as determined by the Commission; |
renewable energy generator |
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(l) "renewable energy generator" means a renewable energy generator as
defined in the Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1; |
service |
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(m) "service" includes |
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(i) the furnishing to or for a customer by a public utility
for compensation of equipment, owned or leased by it, and facilities for the
production, transmission, distribution or furnishing of
electric energy for the purposes of heat, light and power, |
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(ii) the provision by a public utility for compensation of electric energy
for the purposes set out in subclause (i), and |
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(iii) the provision by a public utility for compensation of access to pole
space for the attachment of cables or equipment used by a cable television
system, |
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but does not include the distribution or furnishing of electric energy
to a public utility. |
Renewable
energy generator not public utility |
(2) A person who |
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(a) is a renewable energy generator; |
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(b) furnishes electric energy to another
person who is |
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(i) a public utility, or |
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(ii) a customer in another province; and |
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(c) does not furnish electric energy to any
other person, |
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is deemed, for the purpose of this Act, not be
be a public utility, unless the person holds a permit.
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Corporatiion not public utility |
(3) For greater certainty, the Corporation is not a
public utility for the purpose of this Act.
1984,c.20,s.1; 1985,c.15,s.1; 1988,c.17,s.1; 1991,c.18,s.22,
2003,c.3,s.1, 2004,c.16.s.19; 2013,c.12,s.2; 2015,c.25,s.1. |
Administration |
2.
The Minister is responsible for the administration of this Act.
1988,c.17,s.2. |
Service restriction |
2.1 (1) No
person other than Maritime Electric Company, Limited shall provide service
in the province, or in a part of the province, unless |
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(a) the person provides the
service using facilities that have been operated by a person other than
Maritime Electric Company, Limited continuously, and, in the case of
distribution facilities, without extension thereof, from May 1, 1994; or
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(b) the person holds a permit
authorizing the person to provide such service in the part of the province
where the service is provided.
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Permit to provide service |
(2) The Commission may, on
application by any person, and following a hearing in respect thereof, issue
a permit authorizing the holder to provide service in any area of the
province if the Commission is satisfied that the present or future public
convenience and necessity of the area requires or will require the service
that the applicant proposes to provide. |
Conditions |
(3) The Commission may, when
issuing a permit, include in the permit such conditions as the Commission
considers to be required in the public interest.
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Cancellation or
amendment of permit |
(4) The Commission may, on its
own motion or on the application of any person and following a hearing in
respect thereof, cancel or amend a permit if the permit holder contravenes
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(a) a provision of this Act or
the regulations; or
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(b) a condition of the permit.
2003,c.3,s.2.
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Service by Maritime Electric Company, Limited |
2.2 (1)
Maritime Electric Company, Limited shall provide service in all areas of the
province, except in those areas of the province in which another person
provides service in accordance with this Act.
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Area served by other public utility |
(2) Maritime Electric Company,
Limited shall not provide service
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(a) within the boundaries of
the City of Summerside except to the extent that it was providing such
service immediately before January 1, 2004; or
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(b) in any other area of the province in which another person is already
providing service in accordance with this Act without either the consent
of that person or the approval of the Commission.
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Approval by
Commission |
(3) The Commission may, on application by a
public utility, grant its approval for the public utility to provide service
in an area in which another person is already providing service if the
Commission is satisfied that the present or future public convenience and
necessity of the area requires, or will require, the additional service, but
no such approval may be granted until after a hearing has been held, of
which due notice has been given to the other person.
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Conditions |
(4) The Commission may, on granting an
approval under subsection (3), include such conditions as the Commission
considers to be required in the public interest.
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Cancellation or
amendment of approval |
(5) The Commission may, on
its own motion or on the application of any person and following a hearing
in respect thereof, cancel or amend an approval granted under subsection (3)
if the public utility contravenes |
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(a) a provision of this Act or of the regulations; or |
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(b) a condition of the approval.
2003,c.3,s.32. |
Duties of public utilities |
3. Every public utility shall |
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(a) furnish at all times such reasonably safe and adequate service and facilities
for services as changing conditions require; |
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(b)
construct its lines with poles of such height as the Commission may
prescribe having regard for the nature of the line and the voltage of the
electric current passing through the line. |
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(c)
purchase electric energy generated from facilities and equipment owned or
leased by the Corporation, if required to do so by the Government of
Prince Edward Island, as part of its obligation to provide service in
accordance with clause (a); and |
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(d) lease capacity to produce electric energy from
facilities and equipment owned or leased by the Corporation, if required
to do so by the Government of Prince Edward Island, as part of its
obligation to provide service in accordance with clause (a). 1984,c.20,s.2;
2015,c.25,s.2. |
Equipment of uniform design and standard manufacture required |
4.
In order to insure the ready replacement of parts and the easy installation
of replacements and additions and the efficient operation of its systems, no
public utility, without the approval of the Commission, shall install any
equipment, fixtures or appliances which are not of a uniform design and the
product of a standard manufacturer.
1984,c.20,s.3. |
Declaration by public utility supplying electricity of constant
voltage or frequency |
5. (1) Before commencing to supply electric energy to
any customer, the public utility supplying the electric energy, if required, shall declare
to the customer, in writing under the hand of its officer or agent thereunto duly
authorized, the constant voltage, or if from an alternating current source, the frequency
at which it proposes to supply the electric energy at the customer's terminals. |
Variation of voltage or frequency |
(2) The
variation of voltage, or, in the case of alternating currents, the
frequency, at any customer's terminals, unless otherwise ordered by the
Commission, shall not, under any condition of supply which the customer is
to receive, nor at any time, except momentarily, exceed five per cent from
the declared constant voltage frequency, whether such variation is due to
the resistance of the service lines or apparatus belonging to such public
utility, or to any action or effect produced by such apparatus, for which
the customer cannot be shown to be responsible, or partly to a variation in
voltage in the distributing mains from which the supply is taken.
1984,c.20,s.4. |
Construction
of lines, etc. approval of Commission |
6. Repealed by
2003.c.3,s.4.
1984,c.20.s.5; 1994,c.38,s.24;
2003.c.3.s.4. |
Interference with lines
of another utility |
7.
No public utility shall place any of its poles, wires or conduits in such a
way or place as to interfere with the poles, wires or conduits of any other
public utility, or to interfere with or impair the efficiency of the public
utility.
1984,c.20,s.6. |
Conduits, poles,
etc. to be shared, where |
8. (1) Every
public utility that has conduits, poles, wires or other equipment for
furnishing electric energy to the public shall, for reasonable
compensation, permit the use of the same by any other public utility
furnishing electric energy to the public, or by any person providing a
telephone or cable television service to the public wherever public convenience and necessity requires the use, and when the use
will not result in any detriment to the service already being rendered or in any danger to
the safety of the public. |
Failure to agree on
compensation, application to Commission |
(2) In case of
failure to agree upon the use or as to the compensation therefor, any public
utility or other person interested may apply to the Commission, and, if,
after an investigation, the Commission ascertains that the use would be in
the public interest and would not result in any impairment to the service
already being rendered or in any danger to the safety of the public, it may
order that such use be permitted upon such terms and conditions and on the
payment of such compensation as it may determine.
1984,c.20,s.7;
2003.c.3,s.5. |
Discontinuance of service, approval of
Commission |
9.
After having commenced to render any service over any of its lines, no
public utility shall discontinue such service or abandon such lines without
first having obtained the consent of the Commission in writing; no such
consent shall be given until after a hearing of which due notice has been
given by publication in some newspaper, published in Prince Edward Island,
having a general circulation in the area in which the service is being
rendered.
1984,c.20,s.8.
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Sale or transfer of
property without approval prohibited |
10.
Notwithstanding the provisions of any statute of this province, no public
utility, except in the ordinary course of business, shall sell, assign,
transfer, lease, mortgage or otherwise dispose of the whole or part of its
property used in connection with its operations without first having
obtained the approval of the Commission, and no person owning any public
utility shall sell, assign, transfer, lease, mortgage or otherwise dispose
of the public utility without that approval.
1984,c.20,s.9. |
Franchises and
contracts, no assignment or sale without approval |
11. (1) Notwithstanding the provision of any statute
of this province no franchise or any right under any franchise to own or operate any
public utility shall be assigned, transferred or leased, nor shall any contract or
agreement with reference to or affecting any such franchise or right be valid or of any
force or effect whatsoever, unless the assignment, transfer, lease, contract or agreement
has been made with the written approval of the Commission. |
Approval, effect of |
(2) The
approval by the Commission of any such assignment, transfer, lease, contract
or agreement under this section shall not be held or construed to revive or
validate any lapsed or invalid franchise or to enlarge or add to the powers
and privileges contained in the grant of any franchise or to waive any
forfeiture.
1984,c.20,s.10. |
Commission approval of borrowing |
12. (1) No public utility shall issue stocks or shares
or bonds, debentures, securities, or other evidence of indebtedness, payable in more than
one year from the date thereof, unless it has first obtained approval by the Commission of
the proposed issue. |
Grant of approval |
(2) Upon application, if the Commission approves of
the purpose of the proposed issue and is satisfied that the issue is to be made in
accordance with every Act or regulation relating to the issue of securities, the
Commission may grant its approval of the proposed issue. |
Approval subject to conditions |
(3) The Commission may grant its approval under this
section for the proposed issue in the amount applied for, or in any lesser amount, and
subject to such conditions as it considers reasonable and necessary to impose. |
Special conditions |
(4) Without first obtaining
the approval of the Commission |
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(a) no public utility shall make any material alteration in the
characteristics of its stocks or shares, or its bonds, debentures, securities, or other
evidence of indebtedness as such characteristics are described by the Commission in
granting its approval of the issue of those securities; and |
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(b) no public utility that has, either with the approval of the
Commission, or before the date such approval was required, issued stocks or shares, or
bonds, debentures, securities, or other evidence of indebtedness payable in more than one
year from the date thereof, shall increase a fixed dividend or interest rate or extend a
maturity date pertaining to the issue, restrict the public utility's right to redeem the
issue, or increase the premium to be paid on redemption of the issue. |
Municipality not a public utility |
(5) A
municipality shall not be deemed to be a public utility for the purposes of
this section.
1984,c.20,s.11. |
Common equity |
12.1 Maritime Electric Company, Limited shall,
at all times, maintain not less than 40% of the capital it has invested in
the power system, determined in accordance with generally accepted
accounting principles, in the form of common equity.
2003,c.3,s6. |
Obligation
to consult, etc. |
12.2 Maritime Electric Company, Limited shall consult
with and, at the request of the Corporation, directly involve the
Corporation in planning and in negotiations between Maritime Electric
Company, Limited and any third party in relation to the supply or generation
of electric energy from any source. 2015,c.25,s.4. |
Service rules and regulations, powers of Commission |
13. (1) All rules and regulations of any public
utility relating to the kind of service to be supplied to customers and the manner by
which the service shall be supplied, shall be subject to approval by the Commission and
after approval, those rules and regulations shall govern the service. |
Commission, power to make rules |
(2)
Notwithstanding subsection (1), the Commission may make rules and
regulations relating to the kind of service and the manner by which the
service shall be supplied to customers of a public utility.
1984,c.20,s.12. |
Head office in province |
14. (1) Every public utility shall have its head
office in the province, and shall keep therein all such books, accounts, papers or records
as shall be required by the Commission to be kept. |
Books, accounts
and records |
(2) No such
books, accounts, papers or records shall be removed from the province, at
any time, except with the approval of the Commission and upon such terms and
conditions as it may prescribe.
1984,c.20,s.13. |
Annual return to Commission |
15. (1) Every public utility shall make to the
Commission an annual report in a form and at a time prescribed by the Commission; the
report shall set forth the amount of such public utility's authorized and paid up capital,
its assets and liabilities, its receipts and expenditures for the preceding year, its
dividends paid or declared and such information showing its financial condition as may be
required by the Commission. |
Signing annual return |
(2) The report
shall be signed and sworn by an officer or other person engaged in the
management of such public utility at the time of the making of the said
report.
1984,c.20,s.14, 2003,c.3,s.7. |
Information provided upon request |
16. (1) Every public utility shall at any time furnish
to the Commission all such information as to its affairs which may be required by the
Commission, and shall make specific answers to all specific questions submitted by the
Commission. |
Form of books, accounts, etc. prescribed by Commission |
(2) The Commission may prescribe the forms of all
books, accounts, papers and records required to be kept by a public utility, and every
public utility is required to keep and render its books, accounts, records and papers
accurately and faithfully in the manner and form prescribed by the Commission and to
comply with all directions of the Commission relating to such books, accounts, papers and
records. |
Blank forms |
(3) The Commission may cause
to be prepared suitable blank forms and shall, when necessary, furnish the forms to each public utility. |
Completing forms upon request |
(4) Any public utility receiving from the Commission
forms with directions to complete the same shall cause the forms to be properly filled out
so as to answer fully and correctly each question therein propounded and in case it is
unable to answer any question it shall give a good and sufficient reason for that failure. |
Maps, profiles, contracts, etc. provided upon request |
(5) When required by the Commission, every public
utility shall deliver to the Commission or make available to engineers, valuators or
auditors, authorized or employed by it, any and all maps, profiles, contracts, reports of
engineers and all documents, books, accounts, papers and records, or copies of any or all
of the same, with a complete inventory of all its property, in such form as the Commission
may direct. |
Valuation of property, cooperation in |
(6) Every
public utility shall cooperate with the Commission in the work of any
valuation of its property in such further particulars and to such extent as
the Commission may direct or require.
1984,c.20,s.15. |
Order to prepare and submit energy efficiency and demand-side resources plan |
16.1 (1) The Commission may, by order made in writing and
in accordance with subsection (4), direct any public utility |
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(a) to prepare an energy efficiency and
demand-side resources plan; and |
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(b) within such time as the Commission may
require, to submit the plan to the Commission for its approval. |
Circumstances |
(2) The Commission may make an order under
subsection (1) in respect of a public utility at any time if the public
utility does not have a subsisting approved energy efficiency and
demand-side resources plan. |
Idem |
(3) Where a public utility has a subsisting
approved energy efficiency and demand-side resources plan, the Commission
may, at any time during the final year of the term of the approved plan,
make an order under subsection (1) requiring the public utility to submit a
new energy efficiency and demand-side resources plan for a term that
commences on or after the expiry of the term of the subsisting approved
plan. |
Requirement contents of order |
(4) An order made by the Commission under
subsection (1) shall include |
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(a) the date of the order; |
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(b) the name of the public utility to whom the
order is addressed; |
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(c) the date by which the required energy
efficiency and demand-side resources plan must be submitted to the
Commission; |
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(d) the term or period of time that the Commission
requires the energy efficiency and demand-side resources plan to be
implemented, which may not exceed 5 years; |
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(e) a description of the particular energy
efficiency and demand-side resource measures, if any, that the Commission
requires the public utility to include in the energy efficiency and
demand-side resources plan; |
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(f) a statement of the results that the Commission
expects the public utility to achieve, if its energy efficiency and
demand-side resources plan is approved, by implementing the plan over the
course of its term; and |
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(g) such other requirements and matters as the
Commission considers appropriate. |
Required contents of plan |
(5) An energy efficiency and demand-side resources
plan that is submitted to the Commission in accordance with an order made
under subsection (1) shall |
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(a) be for the term required by the order;
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(b) contain the particular energy efficiency and
demand-side resource measures, if any, required by the order; |
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(c) contain any other energy efficiency and
demand-side resource measures proposed by the public utility; |
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(d) be designed so that it is reasonably likely,
on implementation, to achieve the results expected by the order; |
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(e) contain a reasonable estimate of |
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(i) the financial costs, for both the public
utility and its customers, to be incurred on implementing the plan over the
course of its term, and |
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(ii) the financial benefits, for both the public
utility and its customers, to be achieved on implementing the plan over the
course of its term; and |
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(f) meet such other requirements and address any
other matters specified in the order. |
Approval of plan |
(6) On receipt of an energy efficiency and
demand-side resources plan from a public utility, the Commission may approve
the plan if the Commission is satisfied that
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(a) the plan has been submitted for approval
within such time as the Commission required in the order made under
subsection (1) directing the submission of the plan; and |
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(b) the plan meets the requirements of subsection
(5). |
Further order for submission of a better plan |
(7) Where the Commission is not satisfied that an
energy efficiency and demand-side resources plan submitted for its approval
by a public utility complies with subsection (5), the Commission may, under
subsection (1), issue a further order, in writing, to the public utility |
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(a) to vary the energy efficiency and demand-side
resources plan it has submitted, or to prepare another such plan, to meet
such requirements or address such matters as the Commission considers
appropriate; and |
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(b) to resubmit the varied or new plan for the
approval of the Commission within such time as the Commission may require. |
Notice of approval of plan |
(8) Where the Commission approves of an energy
efficiency and demand-side resources plan under subsection (6), the
Commission shall send a written notice of the approval to the public utility
that includes a copy of the plan, as approved, and that indicates the date
the approval was given and the date the approved plan expires. |
Amendments to approved plan |
(9) During the term of an approved energy
efficiency and demand-side resources plan of a public utility, the Commission
may, on application by the public utility, approve any amendments to the
plan that are requested by the public utility, if |
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(a) the application is made in such form and
contains such information as the Commission may require; and |
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(b) the Commission is satisfied that
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(i) the requested amendments are not likely to
adversely affect the results the Commission expects, in an order made under
subsection (1), to be achieved by the implementation of the plan, and |
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(ii) the term of the plan, as amended, does not
exceed 5 years as measured from the date the plan was initially approved. |
Notice of approval of amended plan |
(10) Where the Commission approves of the
amendment of an energy efficiency and demand-side resources plan under
subsection (9), the Commission shall send a written notice of the approval
of the amendment of the plan to the public utility that includes a copy of
the amended plan, as approved, and that indicates the date the approval of
the amended plan was given and the date the amended plan, as approved, expires. |
Expiry of approved plan |
(11) For greater certainty, an approved energy
efficiency and demand-side resources plan of a public utility expires at the
end of last day of the term of the approved plan, as specified by the
Commission |
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(a) in the notice of approval for the plan sent
under subsection (8), if the term has not been amended under subsection (9);
or |
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(b) in the notice of approval for the plan sent
under subsection (10), if the term has been amended under subsection (9). |
Duty to comply with approved plan |
(12) During the term of an approved energy
efficiency and demand-side resources plan of a public utility, the public
utility shall carry out the energy efficiency and demand-side resource
measures set out in the approved plan as and when required by the approved
plan. |
Annual report |
(13) After the approval of the energy efficiency
and demand-side resources plan of a public utility, the public utility
shall, within 3 months after December 31 of each calendar year or part of a
calendar year occurring during the term of the approved plan, prepare and
submit to the Commission a report for that calendar year, or part of a
calendar year, as the case may be, that contains such information respecting
the implementation of the plan, including the results achieved, as may be
required by the Commission. 2013,c.12,s.3. |
Capital budget of public utility |
17. (1) Every public utility shall, at such date as
the Commission determines, submit to the Commission for its approval an annual capital
budget of proposed improvements or additions to the property of the public utility for the
ensuing calendar year, being property of the utility employed in the provision of a
service that is subject to the jurisdiction of the Commission under this Act. |
Ongoing expenditures |
(2) The budget shall contain an estimate of future
required expenditures on any improvements or additions to the property of the public
utility that will not be completed in the ensuing calendar year. |
Approval of Commission |
(3) The Commission, may, after
reviewing the annual capital budget of a public utility and on such terms
and conditions as it may prescribe, approve in whole or in part the annual capital
budget of proposed improvements or additions to the property of the public utility. |
Report of actual expenditures |
(4) Every public utility shall submit,
for the approval of the Commission, a report on
its actual expenditures on improvements or additions to its property in the prior calendar
year together with an explanation as to expenditures in excess of those approved under
subsection (1) within sixty days of the calendar year end.
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Restriction on
recovery of expenditures |
(4.1) No public utility shall recover, or
attempt to recover, from its customers any expenditures on improvements or
additions to its property that have not first been approved by the
Commission under this section.
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Where contribution demanded |
(5) Every
public utility that intends to demand from its customers a contribution
towards the cost of improvements or additions to its property shall not
demand such a contribution without the prior approval by the Commission of
any customer contribution schedule.
1984,c.20,s.16; 2003,c.3,s.8. |
Government
option to purchase |
17.1 (1) Where the Commission under
subsection 17(3) has approved
an annual capital budget or a portion of it that relates to
the acquisition of
new generating equipment or additional generating capacity, the public
utility shall, if required to do so by the Government
of Prince Edward
Island, lease the new generating equipment or additional capacity, as the
case may be, from the Corporation. |
Property of Corporation |
(2) With respect to new generating equipment or additional capacity that a
public utility is required by the Government of Prince Edward Island to
lease from the Corporation under subsection (1), |
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(a) the new generating equipment or additional capacity shall be
purchased by the Corporation, if the Corporation is directed to do so by
the Government of Prince Edward Island; and |
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(b) the title to the new generating equipment purchased by the Corporation
vests in the Corporation in accordance with subsection 2(5) of the
Energy Corporation Act. 2015,c.25,s.5. |
Penalties for non-compliance with requests |
18. Any public utility failing to make and file its
annual report or failing to furnish any other information as and when required or within
such extended time as the Commission may allow, and any public utility failing to make a
specific answer to any question within such time as the Commission may prescribe, may be
ordered by the Commission to forfeit a sum not exceeding $500 for every day
it continues in default, the amount so forfeited may be recovered in the same manner as is
provided for the recovery of amounts assessed under the
Island Regulatory and Appeals Commission
Act.
1984,c.20,s.17; 1991,c.18,s.24, 2003,c.3,s.9. |
Audits of accounts of public utilities |
19. The
Commission may provide for the examination and audit of all accounts of
public utilities, and all items shall be allocated to the accounts in the
manner prescribed by the Commission; the agents, examiners and accountants
employed by the Commission shall have authority, under the direction of the
Commission, to inspect and examine all books, accounts, papers or records
and memoranda kept by public utilities.
1984,c.20,s.18. |
Variation of rates, submission for
review and approval |
20. (1) Whenever any public utility wishes to vary any existing rates,
tolls or charges, or to establish any new rates, tolls or charges for any service, it
shall submit for the review and approval of the Commission a schedule of such proposed rates, tolls
and charges together with and appended thereto all rules and regulations which, in any
manner, relate to the rates, tolls and charges; the Commission may approve,
after reviewing the schedule and rules and regulations submitted, the schedule of
rates, tolls and charges and the rules and regulations either in whole or in part, or may
determine and fix new rates, tolls and charges, and amend the rules and
regulations as it sees fit.
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Submission to
justify existing rates |
(1.1) The Commission
may, at any time and by order, require a public utility to make a submission
to the Commission to justify or explain its existing rates, tolls and
charges. |
Decision of
Commission |
(1.2) After reviewing a
submission of a public utility made in accordance with subsection (1.1), the
Commission may, as it sees fit, |
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a) confirm the existing rates, tolls and charges of the
public utility; or |
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(b) determine and fix new
rates, tolls and charges for the public utility. |
Rates chargeable |
(2) The rates, tolls and charges of a public
utility that are approved, or determined and fixed, by the Commission under
this section are the lawful rates, tolls and charges of the public utility
until altered or modified under this Act. |
Interim approval for certain rates changes |
(3) Whenever any public
utility submits for the approval of the Commission a schedule of rates,
tolls and charges which, in the opinion of the Commission, either
constitutes a reduction in the existing schedule of rates, tolls and charges
for the time being paid by the majority of the customers of the public
utility to which the proposed change applies, or which applies only to a
service for which no schedule of rates, tolls and charges has previously
been approved, the Commission may grant an interim approval of the schedule,
and thereafter until otherwise ordered by the Commission, the schedule of
rates, tolls and charges comprise the lawful rates, tolls and charges
chargeable by the public utility with respect to the services therein
mentioned.
1984,c.20,s.19; 1985,c.15,s.2, 2003,c.3, s.10.
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Rate base,
determination and fixing for each utility |
21. (1) The Commission may
determine and fix a
separate rate base for each type of service furnished, rendered or supplied to the public
by a public utility. |
Assets, method of determining |
(2) In establishing a
rate base, the Commission shall determine the value of the assets, used and
useful, of the public utility in the production, transmission, distribution
and furnishing of electric energy, on the basis of the prudent original cost thereof, deducting therefrom the amount of the accrued depreciation of such property and assets as
determined by the Commission. |
Rate base, matters which may be included, excluded |
(3) Without prejudice to
subsection (2), in establishing a rate base the Commission may |
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(a) include all or any of |
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(i) an allowance for necessary
working capital, and |
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(ii) any
other fair and reasonable expenditure which the Commission thinks proper
and basic to the public utility's operation; |
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(b) exclude
all or any of |
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(i) contributions in aid of construction or acquisition of property or
assets, |
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(ii) deferred income taxes, |
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(iii) any other expenditure which the Commission considers it fair and just to exclude. |
Depreciation, annual and accrued |
(4) For the
purpose of this section the annual and accrued depreciation shall be
calculated by the straight line method, so called, or such other method as
the Commission may prescribe.
1984,c.20,s.20;
2003,c.3.s.11. |
Restriction on
rates charged and collected |
21.1 (1) A public utility shall not
charge, and shall not be entitled to collect with respect to the provision
of service, any rate, toll or charge other than one that is approved,
determined and fixed, established or otherwise required to be charged by the
Commission under this Act. |
Publication |
(2) A public utility shall ensure
that the rates, tolls and charges which the Commission approves, determines
and fixes or establishes for, or requires to be charged under this Act by,
the public utility are published, or otherwise made available for public
inspection in a form and manner specified by the Commission.
2003,c.3.s.12. |
Amortization of sums in rate base |
22. The
Commission may direct that a public utility shall make certain provision for
the amortization of the sums allowed in a rate base for organization
expenses and expenses of valuations, and may direct that the sum required
annually for the amortization shall be charged as an operating expense.
1984,c.20,s.21. |
Depreciation accounts, utilities must carry |
23.
Every public utility shall carry a proper and adequate depreciation account
when the Commission, after investigation, determines that the depreciation
account can be reasonably required; the Commission shall ascertain and
determine what are proper and adequate rates of depreciation of the several
classes of property of each public utility.
1984,c.20,s.22, 2003,c.3.s.13. |
Return on investment, utility authorized to earn certain,
computation of |
24. (1) Every public utility shall be entitled to earn
annually such return as the Commission considers just and reasonable, computed by using
the rate base as fixed and determined by the Commission for each type of service
furnished, rendered or supplied by such public utility, and the return shall be in
addition to the expenses as the Commission may allow as reasonable and prudent
and properly chargeable to operating account, and to all just allowances
made by the Commission according to this Act and the rules and regulations
made by the Commission hereunder.
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Allowance of
expenditures required under Renewable Energy Act |
(2) The Commission shall allow a public
utility to recover, in addition to the return the public utility is entitled
to earn annually under subsection (1), any expenditures that the Commission
is satisfied were reasonably and prudently incurred by the public utility
for the purposes of complying with requirements of the Renewable Energy
Act.
1984,c.20,s.23; 2004,c.16.s.19. |
Value of assets of a public utility, inquiry, |
25. The
Commission may at any time, with or without the assistance of engineers,
accountants, valuators and others, inquire into the extent, condition and
value of the physical assets of any public utility, and may make rules and
regulations to facilitate such inquiries to be made, and the rules and
regulations so made shall be binding on all public utilities.
1984,c.20,s.24. |
General supervision of utilities |
26. (1) The Commission has general supervision of all
public utilities and may make such regulations and orders respecting equipment,
appliances, safety devices, extension of works or systems, filing of schedules of rates,
reporting, and other matters as it considers necessary or advisable for the safety,
convenience, or service of the public, or for the proper carrying out of this Act or of
any contract, charter, or franchise involving the use of public property or rights. |
Regulations |
(2) Subject to this Act, the Commission may make
regulations requiring a public utility to conduct its operations in such a manner that it
does not unnecessarily interfere with, or cause unnecessary damage or inconvenience to,
the public. |
Examination and inquiries |
(3) For the purposes of its supervision of public
utilities and to enable the Commission to fulfil its functions, the Commission may make
such examinations and conduct such inquiries as are necessary to keep itself informed
respecting |
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(a) the manner in which the business of a public utility is conducted; |
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(b) compliance by public
utilities with the provisions of this Act and the regulations; |
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(b.1) the level and appropriateness of the
energy efficiency measures and initiatives of a public utility; and |
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(c) any
other matter or thing within the jurisdiction of the Commission.
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Inquiry directed
by Lieutenant Governor in Council |
(4) The Lieutenant Governor in Council may direct the Commission to inquire
into, and report on, any matter related to the provision of service by a
public utility. 1984,c.20,s.25; 2003,c.3,s.14. |
Public hearing, Commission may order |
27. Except as otherwise provided in this Act, the
Commission may order a public hearing in respect of any matter that is within its
jurisdiction under this Act, and notice of the hearing shall be
served on the public utility and, unless otherwise ordered by the
Commission, shall be published in a newspaper published in Prince Edward
Island having a general circulation in the area to be affected by such
matter at least ten days before the date fixed for such public hearing.
1984,c.20,s.26. |
Complaints against public utility, investigation by Commission |
28. (1) Upon a complaint made in writing to the
Commission, against any public utility, by any municipal corporation or by any five
persons, firms or corporations, that any of the rates, tolls, charges, or schedules,
whether fixed by or the subject of a signed contract or agreement or otherwise, are, in
any respect, unreasonable or unjustly discriminatory, or that any regulation, measurement,
practice or act affecting or relating to the transmission, delivery or furnishing of
electric energy, or any service in connection
therewith is, in any respect, unreasonable, insufficient or unjustly discriminatory or
that the service is inadequate or unobtainable, the Commission shall make an
investigation, and may order such rates, tolls, charges or schedules, modified or altered,
and may make an order as to the modification or change of the regulation, measurement,
practice or acts, and may order, on such terms and subject to such conditions as may seem
just, that the public utility furnish reasonably adequate service and facilities, and make
such alterations, extensions and additions as may be required; but before proceeding to
make an investigation, the Commission shall require proof that a copy of the said
complaint together with a notice of the time and place of such investigation has been
served on the public utility at least fifteen days before the date fixed for the
investigation, and, if the public utility is unable or unwilling to satisfy the complaint,
it may within eight days after the service of the complaint file its answer with the
Commission, and the public utility shall be given an opportunity of being heard and of
adducing evidence at the investigation.
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Postponement of investigation |
(2) If it is made to appear to the Commission that
the time given is insufficient for the proper preparation of the case of any party, the
Commission may order the postponement of the investigation for a reasonable time. |
Public hearing necessary |
(3) No order under subsection (1) shall be made
without a public hearing or inquiry as aforesaid, nor shall an order be issued by the
Commission without reasonable notice to all parties to settle the minutes thereof. |
Deposit by complainants |
(4) The
Commission, when called upon to institute any investigation, may in its
discretion, require from the complainants the deposit of a reasonable amount
of money or other security to cover the costs of the investigation; the
money shall be dealt with as the Commission may direct should the decision
be given against the complainants.
1984,c.20,s.27, 2003,c.3, s.15. |
Summary investigation by Commission |
29. (1) When the Commission believes that any of the
grounds mentioned in section 28 exist for complaint by any person against any
public utility, or that an investigation of any matter relating to any public utility
should, for any reason, be made, it may, on its own motion, summarily investigate the same
with or without notice. |
Formal hearing after summary investigation |
(2) If, after the making of a summary investigation,
the Commission is satisfied that sufficient grounds exist to warrant a formal hearing
being ordered as to the matter so investigated, it shall notify the public utility of the
matter under investigation; after the notice has been given the Commission may
fix a time and place for a formal hearing and investigation of such matter.
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Notice of formal hearing and jurisdiction of hearing |
(3) Notice of the time and place of the formal
hearing and investigation shall be given to the public utility concerned and to such other
persons as the Commission shall consider necessary at least fifteen days before the date
fixed for such hearing and investigation, and thereupon the Commission may investigate the
matters dealt with in its summary investigation and all matters connected therewith or in
any way relating thereto, and may call witnesses and hear evidence respecting the matters
under investigation. |
Orders permissible by Commission after formal hearing |
(4) If, upon any investigation made under this
section, the Commission finds that any regulation or act, or any service to any customer
of a public utility is unjust, unreasonable, insufficient, preferential, unjustly
discriminatory or unobtainable or contrary to this Act, or if it finds that adequate
service is not being supplied by such public utility to such customer, the Commission may
determine and order substituted therefor such other regulations, acts or
service as it may consider just and reasonable; and may order that service
to such customer be supplied by another public utility.
1984,c.20,s.28; 2003, c.3, s.16. |
Powers of Commission relating to rates, tolls, etc. |
30. (1) If, upon any investigation, the rates, tolls,
charges or schedules, whether fixed by or the subject of a signed contract or agreement or
otherwise, are found to be unjust, unreasonable, insufficient or unjustly discriminatory,
or to be preferential or otherwise in violation of this Act, the Commission may cancel the
rates, tolls, charges or schedules, and declare void all contracts or agreements in
writing or otherwise touching the same, and may determine and fix by order and order
substituted therefor such other rates, tolls, charges and schedules as to the Commission
may seem just and reasonable. |
Extension of lines, order for |
(2) Upon any
investigation for the purpose of determining upon and requiring any
reasonable extension of lines or of a service that, in the opinion of the
Commission, will become compensatory within a reasonable time, the
Commission may order the extension to be made upon such terms and conditions
as it may consider just.
1984,c.20,s.29. |
Expenses re
investigations, Commission may order utility to pay |
31. (1) When an inquiry or investigation is made under
this Act, upon complaint or otherwise, the Commission may order that all expenses in
connection therewith, including costs and expenses of counsel, engineers, valuators,
auditors, clerks, stenographers and other assistants, retained and employed by the
Commission, as well as the expenses of the Commissioners while employed in and about the
making of the inquiry or investigation, shall be paid by the public utility whose affairs
are being inquired into or whose assets or property are the subject of such inquiry or
investigation; and the Commission may in its discretion order that the payments by the
public utility be entered as current operating expenses or as a charge to capital account
or to be amortized and retired over a period of time; but if as a result of the inquiry or
investigation it is found that the rates charged by the public utility have been excessive
or that the inquiry or investigation has been rendered necessary by some act, neglect or
omission on the part of the public utility, the Commission may order that the payments by
the public utility shall be deducted from the amount which, otherwise, the public utility
would be entitled to earn as a just and reasonable return upon its undertaking. |
Recovery of amounts payable |
(2) Any amount ordered to be paid by a public
utility under this section may be recovered in the same manner as is provided for the
recovery of amounts assessed under the
Island Regulatory and Appeals Commission
Act.
1984,c.20,s.30; 1992,c.18,s.22. |
Interruption of electric energy or any service, summary
investigation, declaration of emergency condition |
32. (1) If it is brought to the attention of the
Commission that the supply of electric energy or any service rendered by any public
utility has been interrupted or is likely to be interrupted to such an extent as to be
likely to cause hardship or inconvenience to consumers of electricity or other customers
of any public utility, the Commission may investigate the matter summarily, and, if on the
making of any such investigation it is of the opinion that the provisions of this Act are
inadequate to effectively deal with the matter, it shall forthwith certify its findings to
the Lieutenant Governor in Council, and the Lieutenant Governor in Council may thereupon
declare that a condition of emergency exists with respect to the supply of electric energy
by any or all public utilities or with respect to any other service rendered by any or all
public utilities. |
Investigation of emergency condition |
(2) Where a declaration is made and notwithstanding
any provision of this Act, the Commission may investigate the matter according to such
procedure as it may determine; the Lieutenant Governor in Council may, without a
certificate from the Commission, declare that a condition of emergency exists, and the
making of any such declaration shall confer similar powers on the Commission as if made
upon a certificate of the Commission; the Lieutenant Governor in Council may likewise
declare that a condition of emergency no longer exists. |
Order compelling utility to supply service |
(3) If after an investigation carried out under
subsections (1) and (2) it appears to the Commission that any public utility is capable of
adequately supplying the quantity of electric energy reasonably required, or of
efficiently supplying such other service, the Commission may make an order, on such terms
as it sees fit, compelling the public utility to supply electric energy or provide
such other service in such quantities or in such manner as may be required. |
Utility incapable of supplying energy, powers of Commission |
(4) If after an investigation it appears to the
Commission that any public
utility is incapable of supplying electric energy or providing any other service demanded
to the extent required by the customers of the public utility, the Commission may order,
in any manner, that the quantity of electricity or other service available shall be so
distributed as to cause the least inconvenience and hardship to the customers of the
public utility. |
Order made under Act, force of law |
(5) Every order of the Commission made under this
section shall have the force of law, and any public utility that fails to comply with an
order shall incur the penalties prescribed by section 36. |
Failure to comply with order by person other than utility |
(6) If any person other than a public utility fails to comply with
any order of the Commission made under this section he is liable to the penalty prescribed
by section 36, and the Commission may also order the public utility supplying the electric
energy or rendering such other service to deprive the person of the supply of electric
energy or other service in such manner as the Commission may determine; every public
utility is hereby authorized and empowered, by its servants and agents, to do and perform
all acts necessary to carry out any order. |
Service of orders by newspaper |
(7) Every order of the Commission made under this
section is deemed to have been duly served upon every public utility or person affected
thereby on the day following the day on which a copy of the order has been published in a
newspaper in Prince Edward Island having a general circulation in the area in which the
public utility operates or the other person operates or lives. |
Appeals, effect on order |
(8) No appeal
against any order of the Commission made under this section shall be deemed
to operate as a stay of the execution of the order unless the Appeal
Division so orders.
1984,c.20,s.31. |
Soliciting, accepting or receiving rebates for services,
prohibition against |
33. (1) Subject to this Act no person shall knowingly
solicit, accept or receive any rebate, concession or discrimination in respect to any
service or affecting or relating to any public utility whereby any service is, by any
device whatsoever, or otherwise, rendered free or at a less rate than named in the
schedules in force, as provided herein, or whereby any service or advantage is received
other than as is herein specified. |
Government rebate programs |
(2) Subsection (1) does not preclude the provision,
through any program administered by the provincial government, of any grant, rebate,
concession or discrimination in relation to electrical rates or having the effect of
reducing electrical rates otherwise payable by any customer or class of customers,
including the provincial or federal government. |
Exclusion of jurisdiction of Commission |
(3) Any grant, rebate or concession made pursuant
to subsection (2) is not subject to the jurisdiction of the Commission. |
Declaration |
(4) For the
avoidance of doubt it is declared that any payment pursuant to a program referred
to in subsection (2) does not, for the purposes of this Act, render any rate, charge, toll
or service unjust, unreasonable, insufficient, preferential or unjustly discriminatory.
1982,c.20,s.32; 1986,c.3,s.1;
2010,c.9,s.2. |
Non-payment of amount due,
power of utility |
34. (1) If any
person supplied with electric energy by any public utility neglects
or refuses to pay the amount due for the same, or for the rent of the meter or other
articles hired by him, the public utility may discontinue the service and stop the supply;
in that case the officers or agents of the public utility may, after forty-eight hours
notice, enter the premises of that person, between the hours of nine o'clock in the
forenoon and four o'clock in the afternoon, and separate and take away the meter,
appliance or other property belonging to the public utility, and disconnect any wires or
fitting or other works, whether its property or not, from the main wires of the public
utility. |
Installation of appliance,
etc. by customer detrimental to service |
(2) If a
customer of any public utility installs or connects or is desirous of installing or
connecting any service appliance or equipment which in the opinion of the public utility
is or may be detrimental to the service being rendered, the matter may be referred to the
Commission by either party and the Commission may make such order thereon as appears
reasonable and just.
1984,c.20,s.33, 2003,c.3,s.17. |
Rights of consumer to
service from public utility |
35. Except as
provided by this Act or the Electrical Inspection Act R.S.P.E.I.
1988, Cap. E-3, no person who, at the date of the coming into force of this
section, is in actual receipt of the service of electric energy
from a public utility, shall at any time after that date have that service
from the public utility disconnected, or terminated without his consent.
1984,c.20,s.34; 2003.c.3,s.18. |
Penalty |
36. Every public utility or person who |
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(a) contravenes or violates
any provision of this Act or the regulations for which no penalty is
provided; or |
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(b) fails, neglects, omits
or refuses to do any act or thing required of that public utility or
person by any order of the Commission made under this Act,
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is liable to a penalty imposed by order of the
Commission of not more than $10,000. |
Separate daily
liability |
(2) Each day during which a prohibited activity subject to a penalty
pursuant to subsection (1) is continued gives rise to a separate liability
to a penalty imposed by order of the Commission not exceeding $500 for each
day. |
Application to
Supreme Court |
(3) If any public utility or
person fails to pay any penalty imposed by the Commission within the time
fixed for the payment of the penalty, the Commission may make application,
without notice to the public utility or person, to a judge of the Supreme
Court for an order that judgment for the amount of the penalty or unpaid
portion of the penalty may be entered in the Supreme Court against the
public utility or person. |
Order |
(4) A judge of the Supreme Court shall,
on application by the Commission under subsection (3), grant the order
referred to in that subsection on proof by affidavit of the order of the
Commission imposing the penalty and the amount of the penalty remaining
unpaid. |
Execution |
(5) On any judgment entered under this section, execution may be issued as
on any other final judgment of the Supreme Court.
1984,c.20,s.35;
2003,c.3,s.19. |
Consolidated Fund |
37. Every penalty or
fine imposed or collected under the provisions of this Act shall go to the
Operating Fund. 1984,c.20,s.36; 1997,c.20,s.3. |
Public safety, Commission may make orders to
protect |
38. (1) If it is made to appear to the Commission that
because of the faulty construction of the plant or lines of any public utility or other
person, or the faulty installation of the equipment of the public utility or other person,
or because of the neglect of any public utility or other person to maintain or repair its
or his plant, lines or equipment, life or property is or may become endangered, the
Commission may order such action to be taken with respect to the plant, lines or equipment
of the public utility or other person as it may consider necessary for the public safety. |
Power to enforce order |
(2) The person to whom an order made under
subsection (1) is directed, with the assistance of such other persons as he may require,
may enter upon the premises of any such public utility or other person and carry out the
terms of such order.
1984,c.20,s.37. |
Interruption of service avoidable, penalties |
39. (1) If the supply of electric energy from any
public utility to its customers is interrupted for any continuous period exceeding fifteen
minutes, except in any case approved by the Commission, and the Commission upon
investigation, finds that the interruption of supply or service was due to circumstances
which the public utility, by the exercise of reasonable care and foresight, could have
avoided, the Commission may impose upon the public utility a penalty not exceeding $5,000
for each interruption, and if the penalty is not paid within fifteen days after the
imposition thereof, the Commission may proceed to collect the penalty in the manner
prescribed for the recovery of amounts assessed under the
Island Regulatory and Appeals Commission
Act; but the imposition of any penalty by the Commission shall not be deemed to affect
any right of action which any person might have for loss or damage sustained by reason of
the interruption of the supply of electric energy. |
Burden of proof |
(2) In every investigation under subsection (1) the
burden of proving that the interruption was not due to circumstances which the public
utility, by the exercise of reasonable care and foresight, might have avoided, shall be on
such public utility.
1984,c.20,s.38. |
Moving buildings across wires or lines |
40. Notwithstanding any statute or law of the
province, if any person desires to move any building or other object across the wires or
lines of wires or cables of a public utility, that person may apply to the Commission
for an order respecting the cutting of the wires or lines of wires or cables; and the
Commission, after considering the application, but without affecting the provisions of the
Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5, may make such order respecting the cutting of such
wires, lines of wires or cables at such times and in such manner and upon such terms as to
costs or otherwise as the Commission may determine; any public utility failing to comply with such order shall incur
the penalties provided by section 36.
1984,c.20,s.39. |
Erection of poles on private
property where no agreement |
41. If, in any case, the
Commission finds that it is in the public interest for a public utility to construct any
line or erect poles on private property and that no agreement can be reached between such
public utility and the owner of such private property, the Commission may order, on such
terms and conditions and subject to the payment of such compensation, if any, as may seem
just, that the public utility be permitted to construct the line or erect the poles and
remove any obstruction on the private property and thereafter be
permitted to repair or rebuild the same, but at no time doing unnecessary
damage.
1984,c.20,s.40. |
Compensation, referral to
Commission to fix
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42. (1) Notwithstanding anything in any
statute of this province, when a public utility, by its Act of incorporation or otherwise,
is authorized and empowered to do any act which causes or may cause damage to the property
of any person, and no agreement can be reached as to the amount of damages caused by any
such act, either party may refer the matter to the Commission, and the Commission may
proceed to investigate such matter, after notice to the parties, and may award damages,
together with reasonable costs. |
Decision or award binding upon |
(2) Subject to the right of appeal to the Appeal
Division provided by the
Island Regulatory and Appeals Commission
Act, the decision or
award made under subsection (1) shall be binding upon both the claimant and the public
utility. |
Judgment of the Supreme Court |
(3) The
Supreme Court or a judge thereof, on application, may order that any award
or decision of the Commission under this section shall be entered as a
judgment of the Supreme Court.
1984,c.20,s.41;
1991,c.18,s.22. |
Preliminary surveys, utility may enter land without permission and
acquisition of land by utility |
43. Whenever it is necessary for the erection,
construction, operation or maintenance of the plant, lines or other installations or works
of a public utility, that the public utility be vested with lands or any interest therein,
or any rights, privileges or easements in respect thereof, the public utility may by its
servants or agents, with the written permission of the Commission to be applied for
without notice, enter upon the lands for the purpose of preliminary surveys and
examinations without liability other than for actual damage, and if after the survey and
examination, no agreement can be made for its purchase, the public utility may acquire it
in the following manner: |
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(a) the public utility may apply by petition to the Commission showing
the situation of the land affected, the description thereof by metes and bounds, the names
of the owners or occupiers thereof, and any encumbrances thereon that may be known to the
public utility, the property, rights, easements or privileges sought to be expropriated
and the amount which the public utility has offered to pay the person owning or occupying
the lands; |
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(b) upon the presentation of a petition, the Commission shall forthwith
at the expense of the public utility, publish the same in the Gazette, and in a newspaper
published in the Province of Prince Edward Island in two weekly issues thereof, and in the
same issue of the Gazette, and the newspaper in which the Commission publishes the
petition, the Commission shall publish a notice, that at the time and place therein named,
which shall not be earlier than thirty days after the date of such publication and notice,
the Commission will hear any and all objections to said proposed expropriation and a copy
of such petition and notice shall forthwith be served on the owners of the lands affected,
unless the service is dispensed with as hereinafter provided, and the Commission, for the
purpose of the hearing, may summon before it any persons, and may require them to give
evidence on oath, and to produce such documents or things as the Commission considers
requisite; |
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(c) at the time and place so named, the Commission shall hear all
parties interested and take such evidence as may be adduced, and, if satisfied that the
property, rights, easements or privileges proposed to be expropriated are necessary for
any of the purposes mentioned in this section, and are not more extensive than are
reasonably necessary, it shall thereupon by order declare the same, or such portion
thereof as may be found reasonably necessary, to be vested in the public utility, in fee
simple, or in such other estate as may be sought by the said petition, or as may be
considered advisable by the Commission, free from encumbrances, subject to the payment of
damages as hereinafter provided for; |
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(d) upon the making of the order, the public utility shall cause a
certified copy thereof to be filed in the office of the Registrar of Deeds for each county
in which the lands or any part thereof are situated, together with a plan of the lands
affected by the order, and a description of them; |
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(e) before the fixing of the time and place for hearing as aforesaid,
the Commission may require the public utility to deposit with it a sum not exceeding
$2,500, to reimburse any expenditure made by the owner or occupier on account of the
petition, and in case the application for the order mentioned in clause (c) is refused,
then the Commission may order that a reasonable sum may be allowed out of the deposit to
defray the expenses of the owner or occupier of the property sought to be expropriated;
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(f) the Commission shall, without delay, proceed to assess the damages
for said property so expropriated and on payment thereof to the owner or occupier,
the public utility shall have a title in fee simple and clear of encumbrances to the
property so expropriated; |
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(g) where any property so sought to be expropriated is found to be
encumbered by mortgage, judgment or other encumbrance, or where the title thereof is in
dispute, payment of the damages to the Prothonotary shall have the
same effect as payment to the owner or occupier, and a judge of the Supreme Court,
on the application of any person interested therein, may order the payment out of court of the damages to the person
entitled thereto; |
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(h) if the
petitioning public utility is unable to ascertain the name of the owner of
any property, rights, easements or privileges sought to be expropriated
under this section, or if the owner is absent from the province, or is a
mentally incompetent person or infant, or if the ownership is in dispute,
the Commission may order that the publication of any notice in accordance
with this section is sufficient service of the same and that the notice
need not state the name or names of the owner.
1984,c.20,s.42; 2003,c.3,s.20; 2008,c.20,s.72(25). |
Railway
and telegraph companies exempt
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44. No right of
entry, possession, expropriation, or otherwise under section 43 is exercisable by any
public utility in reference to, or in respect of any lands or interest therein belonging
to any person being another public
utility within the meaning of the
Island Regulatory and Appeals Commission
Act.
1984,c.20,s.43; 2003,c.3,s.21. |
Powers under section 45
additional |
45. The
rights and powers granted to any public utility by section 43 are in
addition to, and not in substitution for the rights and powers possessed by
that public utility under any other Act.
1984,c.20,s.44. |
Summerside electric
utility |
46. (1) The
Lieutenant Governor in Council may by regulation exempt the City of Summerside
electric utility from this Act, or any of its provisions, and may set the terms and conditions of
such exemption. |
Effect of regulations on assessments and
Commission decisions respecting the utility |
(2) Where regulations are made
pursuant to subsection (1), |
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(a) notwithstanding sections 6 and
15 of the
Island Regulatory and Appeals Commission
Act, the Commission shall not
issue an assessment to the City of Summerside electric utility, and the Lieutenant
Governor in Council shall determine the annual assessment to be paid by the City of
Summerside electric utility to the Commission, which shall not exceed twenty thousand
dollars; |
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(b) the only decisions and orders
of the Commission issued before the regulations come into force that continue to impose
obligations on the City of Summerside electric utility are those which, if issued after
the regulations come into force, would be within the jurisdiction of the Commission
expressly conferred by the provisions of the Act, and which continue to apply to the City
of Summerside electric utility.
1994,c.38,s.24 {eff.} April 30/94; 1995,c.9,s.1;
2003,c.3,s.22. |
Transitional
rates and terms of service |
47.
(1) On and after January 1,
2004, Maritime Electric Company, Limited shall provide service in the
province at the rates, tolls and charges, and on the terms and conditions of
service, that were established and in effect under the former Act and the
former regulations immediately before January 1, 2004 until such time as
those rates, tolls and charges, and those terms and conditions of service,
are altered or modified under this Act. |
Annual report |
(2)
Prior to March 1, 2004, Maritime Electric Company, Limited shall provide an
annual report to the Commission for the calendar year beginning January 1,
2003 that complies with the requirements of section 15. |
Submission of
proposed rates, tolls and charges |
(3)
Prior to May 1, 2004, Maritime Electric Company, Limited shall make a
submission to the Commission under section 20 for the review and approval of
its rates, tolls and charges.
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Recovery of
deferred costs, interest and unamortized expenses |
(4)
When approving or determining and fixing the rates, tolls and charges of
Maritime Electric Company, Limited pursuant to a submission made under
section 20 in accordance with subsection (3), or in accordance with any
later application made in accordance with section 20, the Commission shall
allow Maritime Electric Company, Limited |
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(a) to
recover, over such period of time and on such terms and conditions as the
Commission considers just and reasonable,
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(i) the
deferred costs that Maritime Electric Company, Limited would have been able
to recover under the former Act and the former regulations, |
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(ii) the unamortized portion
of any deferred cost incurred before January 1, 2004 by Maritime Electric
Company, Limited in respect of any power purchase agreement, and |
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(iii) a reasonable return on
the unrecovered deferred costs referred to in subclauses (i) and (ii); and
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(b) to
recover, as an annual expense, the amounts payable by Maritime Electric
Company, Limited pursuant to any power purchase agreement Maritime Electric
Company, Limited has entered into before January 1, 2004 that continues in
force on and after that date. |
Deemed approval
of property dispositions, share issuances and capital expenditures |
(5) On and after January 1,
2004, the Commission shall be deemed to have approved under this Act
anything that was lawfully done by Maritime Electric Company, Limited during
the period beginning on April 30, 1994 and ending on December 31, 2003 that
would, if done on or after January 1, 2004, require the prior approval of
the Commission under section 10, 12 or 17. |
Depreciation |
(6) On and after January 1,
2004, the Commission shall be deemed to have ascertained and determined
pursuant to section 23 |
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(a) that the depreciation
account of Maritime Electric Company, Limited as of December 31, 2003 is
proper and adequate; and
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(b) that the rates of
depreciation used by Maritime Electric Company, Limited in respect of the
several classes of its property during the period beginning on April 30,
1994 and ending on December 31, 2003 are proper and adequate,
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unless the Commission
determines, before May 1, 2004, that the depreciation account as of December
31, 2003, or any rate of depreciation used during the period referred to in
clause (b), was not in conformity with industry standards or generally
accepted accounting principles. |
Application of
section 33 |
(7) For greater certainty,
section 33 does not apply in respect of any contract for service that |
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(a) was entered into before
January 1, 2004 by Maritime Electric Company, Limited and any customer under
section 12 of the former Act; and
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(b) expires on or after
January 1, 2004. |
Restriction on
renewal of contract |
(8) A contract for service
referred in subsection (7) may not be renewed, and no party to the contract
shall renew it, after January 1, 2004. |
Definitions |
(9) In this section |
former Act |
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(a) "former Act" means the
Maritime Electric Company Limited Regulation Act R.S.P.E.I. 1988, Cap.
M-1.2;
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former
regulations |
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(b)
"former regulations" means the
Maritime Electric Company Limited Regulation
Act Base Rate Adjustment Regulations (EC608/01)
2003,c.3,s.23. |
Reguired
rates and conditions of service |
48. (1) On and after March 1,
2016, Maritime Electric Company, Limited, shall provide service in the
province at the rates, tolls and charges, and on the terms and conditions of
service, that were established and in effect under this Act and the
regulations immediately before March 1, 2016, until such time as those
rates, tolls and charges, and those terms and conditions of service, are
altered or modified under this Act.
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Deemed
approval of things done |
(2) On and after March 1, 2016, the Commission shall be
deemed to have approved anything that was done by Maritime Electric Company,
Limited, prudently and in accordance with good utility practice during the
period beginning on November 1, 2010, and ending on February 29, 2016, that
would otherwise have required the approval of the Commission under this Act.
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Costs,
expenses, returns deemed correct and reasonable |
(3) On and after March 1, 2016, the Commission shall be
deemed to have determined that all costs and expenses recorded by Maritime
Electric Company, Limited, in accordance with good utility practice for the
period beginning March 1, 2011, and ending on February 29, 2016, are
accurate, correct, reasonable and prudent. 2010,c.9,s.3;
2012(2nd),c.6.s.2,5.
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Recovery of deferred costs and annual expenses |
48.1 (1) On and after March 1, 2016, when approving or
determining and fixing the rates, tolls and charges of Maritime Electric
Company, Limited, the Commission shall allow Maritime Electric Company,
Limited, |
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(a) to recover over such period of time
and on such terms and conditions as the Commission considers just and
reasonable
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(i) the deferred costs that Maritime Electric Company, Limited,
incurred during the period from March 1, 2011 to February 29, 2016, |
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(ii) the unamortized portion of any deferred
cost incurred before March 1, 2016, by Maritime Electric Company, Limited,
and |
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(iii) a reasonable return on the unrecovered deferred costs referred to in
subclauses (i) and (ii); |
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(b) to recover, as an annual expense, the amounts payable by Maritime
Electric Company, Limited, pursuant to any power purchase agreement
Maritime Electric Company, Limited, has entered into before March 1, 2016,
that continues in force on and after that date. 2012(2nd),c.6,s.3,s.5. |
Depreciation
account and rates of depreciation deemed proper and adequate |
48.2 On and after March 1, 2016, the Commission shall be
deemed to have ascertained and determined pursuant to section 23: |
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(a) that the depreciation account of
Maritime Electric Company, Limited, as of March 1, 2016, is proper and
adequate; and
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(b) that the rates of depreciation used
by Maritime Electric Company, Limited, in respect of the several classes of
its property for the period March 1, 2011, to February 29, 2016, are proper
and adequate. 2012(2nd),c.6,s.5.
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Debt due to
Government |
49. (1) For greater certainty, any amount that is deemed
to be owing to the Government of Prince Edward Island from a customer of
Maritime Electric Company, Limited pursuant to the Prince Edward Island
Energy Accord, entered
into between the Government of Prince Edward Island and Maritime Electric
Company, Limited on November 12, 2010, is deemed to be a debt due to the
Government of Prince Edward Island under this Act. |
Collection
of amounts owed to Government under the PEI Energy Accord |
(2) Maritime Electric Company, Limited shall
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(a) collect each such amount from its customers as part of
its lawful rates, tolls and charges; and
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(b) remit such amounts to the Government of Prince Edward
Island within the time required by the Prince Edward Island Energy Accord.
2010,c.9.s.3. |
Statement
of estimated costs, filing |
50. (1) On or before March 1, 2011, Maritime Electric
Company, Limited shall file with the Commission a statement of the estimated
cost it expects to incur to generate and purchase the energy necessary to
supply its customers for the period commencing March 1, 2011 and ending
February 28, 2013, which estimates shall be based upon the inputs used in
the Prince Edward Island Energy Accord.
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Statement
of estimated costs, filing for continuation period |
(1.1) On or before March 1, 2013, Maritime Electric Company, Limited, shall file
with the Commission a statement of the estimated cost it expects to incur to
generate and purchase the energy necessary to supply its customers for the
period commencing March 1, 2013, and ending February 29, 2016, which
estimates shall be based upon the inputs contained in Schedule 4. |
Statement
of actual costs, filing |
(2) On or before March 15, 2016, Maritime Electric Company,
Limited, shall file with the Commission a statement of the actual cost
incurred by Maritime Electric Company, Limited, to generate and purchase the
energy necessary to supply it customers for the period commencing March 1,
2011, and ending February 29, 2016. |
Return or
charge to customers where actual costs are less than or greater than
estimated costs |
(3) Where the actual cost to Maritime Electric Company,
Limited, to generate and purchase energy necessary to supply its customers
for the period of March 1, 2011 to February 29, 2016, is |
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(a) less than its estimated cost for that period, Maritime
Electric Company, Limited, shall return the difference between the actual
cost and the estimated cost to its customers with all such returns to
completed prior to March, 2017; and |
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(b) greater than its estimated cost for that period,
Maritime Electric Company, Limited, is entitled to charge the difference
between the actual cost and the estimated cost for that period to its
customers with all such charges to be completed prior to March, 2017. 2010,c.9.s.3;
2012(2nd),c.6,s.4. |
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SCHEDULES 1 to 3 |
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Repealed by 2012(2nd),c.6.s.8. 2010,c.9s.5;
2012(2nd),c.6,s.8. |
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SCHEDULES 4 and 5 |
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Repealed by 2012(2nd),c.6.s.8. 2012(2nd),c.6,s.7,8. |
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