- Updated to: June 12, 2008 -
(Includes Amendments Assented
to May 22, 2008)
(Click
HERE
for Previous Version of this Act)
CHAPTER
R-12.1
RENEWABLE
ENERGY ACT
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WHEREAS the use of non-renewable energy sources for the
generation of electric energy may be damaging to the environment; |
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AND WHEREAS the use of renewable energy sources for the
generation of electric energy will allow environmentally friendly energy to
be produced in the province and reduce dependence on imported energy and
fuels; |
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AND WHEREAS the use of available renewable energy sources
for the generation of electric energy will encourage the establishment of
new energy suppliers in the province, enhance the capacity and reliability
of the provincial energy supply system for present and future needs and
offer potential price stability; |
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AND WHEREAS it is desirable to promote the development of a
Prince Edward Island solution to the energy requirements of the province; |
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BE IT ENACTED by the Lieutenant Governor and the Legislative
Assembly of the Province of Prince Edward Island as follows: |
Definitions
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1.
In this Act |
bill reading
period |
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(a) “bill reading period” means, in respect of a public
utility, the period of time at the end of which the public utility regularly
reads the meter of a customer to determine the amount of electric energy
that has been furnished to the customer during that period; |
biofuel |
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(b) “biofuel” means any liquid or gaseous fuel that is
derived from either |
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(i) organic material, or |
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(ii) a metabolic byproduct of organic material; |
Commission |
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(c) “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; |
demand side management plan |
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(d) “demand side management plan” means a plan referred to
in section 6; |
environmental attributes |
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(e) “environmental attributes” means environmental premiums
or tradable credits that are recognized in Canada or elsewhere as being
derived from the generation of an amount of electric energy from a renewable
energy source; |
extra-provincial
renewable energy supplier |
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(e.1) "extra-provincial
renewable energy supplier" means a person that |
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(i) owns or operates a renewable energy generation facility
located outside of the province, and |
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(ii) supplies renewable energy to a public utility; |
large capacity renewable energy generator |
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(f) “large capacity renewable energy generator” means a
person, other than a public utility or a municipal renewable energy
generator, that owns or operates a renewable energy generation facility with
a name plate capacity equal to or greater than 1 megawatt; |
kW |
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(g) “kW” means kilowatt; |
maximum rated electric output |
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(h) “maximum rated electric output” means, in respect of an
electric generator, the maximum rated electric output of the electric
generator, as determined by its manufacturer; |
medium capacity renewable energy generator |
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(i) “medium capacity renewable energy generator” means a
person, other than a public utility or a municipal renewable energy
generator, that owns or operates a renewable energy generation facility with
a name plate capacity of greater than 100 kilowatts and less than 1
megawatt; |
MW |
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(j) “MW” means megawatt; |
Minister |
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(k) “Minister” means the Minister of Environment, Energy and
Forestry; |
municipal renewable energy generator |
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(l) “municipal renewable energy generator” means a
municipality or a municipal corporation, other than the City of Summerside
electric utility, that owns or operates a renewable energy generation
facility of any name plate capacity; |
name plate capacity |
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(m) “name plate capacity” means, in respect of a renewable
energy generation facility, the sum of the maximum rated electric output of
each electric generator of the renewable energy generation facility; |
net-metering agreement |
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(n) “net-metering system agreement” means an agreement
entered into by a public utility and a small capacity renewable energy
generator under section 11; |
net-metering system |
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(o) “net-metering system” means a system that operates in
parallel with the electrical distribution facilities of a public utility and
that measures, by means of one or more meters, the amount of electric energy
that is supplied |
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(i) by the public utility to a small capacity renewable
energy generator, and |
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(ii) by the small capacity renewable energy generator to the
public utility; |
organic material |
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(p) “organic material” means organic material from recently
living plants or animals that is harvested, collected or used for the
purpose of producing energy, and includes |
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(i) biofuel, |
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(ii) effluent, and |
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(iii) organic material
obtained from municipal waste or garbage; |
Operating Fund |
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(q) “Operating Fund” means the Operating Fund as defined in
the Financial Administration Act R.S.P.E.I. 1988, Cap. F-9; |
person |
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(r) “person” includes an individual, partnership,
corporation, municipality, municipal corporation and cooperative
association; |
power rate class |
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(s) “power rate class” means, in respect of a public
utility, a rate class of the public utility that has been approved by the
Commission under the
Electric Power Act
R.S.P.E.I. 1988, Cap. E-4; |
public utility |
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(t) “public utility” means a public utility that is
authorized to furnish service under the Electric Power Act; |
renewable energy source |
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(u) “renewable energy source” means any source of renewable
energy from which electric energy may be generated and includes |
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(i) the sun, |
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(ii) the wind, |
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(iii) flowing water, |
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(iv) organic material, and |
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(v) such other sources as are prescribed by the regulations; |
renewable energy generator |
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(v) “renewable energy generator” means, unless the context
indicates otherwise, a |
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(i) large capacity renewable energy generator, |
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(ii) medium capacity renewable energy generator, |
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(iii) municipal renewable
energy generator, and |
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(iv) small capacity renewable
energy generator; |
renewable energy generation facility |
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(w) “renewable energy generation facility” means a facility
for generating electric energy from any renewable energy source, and
includes any structures, ancillary equipment or other things used for that
purpose; |
service |
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(x) “service” means service as defined in the
Electric
Power Act; |
service area |
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(y) “service area” means |
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(i) in respect of Maritime Electric Company, Limited, the
area of the province in which it is authorized under the Electric Power
Act to furnish service to customers, |
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(ii) in respect of the City of Summerside electric utility, |
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(A) the area of the province inside the municipal boundaries
of the City of Summerside in which it furnishes electric energy to
customers, and |
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(B) the area of the province outside the municipal
boundaries of the City of Summerside in which it is authorized under the
Electric Power Act to furnish service to customers, and |
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(iii) in respect of any other public utility authorized to
furnish service under the Electric Power Act, the area of the
province in which the public utility is authorized to furnish service; |
small capacity renewable energy generator |
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(z) "small capacity renewable energy generator" means a
person, other than a public utility, that owns or operates a renewable
energy generation facility with a name plate capacity equal to or less than
100 kilowatts. |
Electric energy obtained from a renewable energy source |
(2) For the purposes of this Act, a public utility obtains
electric energy from a renewable energy source, or from renewable energy
sources, if the public utility obtains the electric energy from |
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(a) a renewable energy generator; |
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(a.1) an extra-provincial
renewable energy supplier; |
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(b) a renewable energy generation facility that is owned or
operated by the public utility; or |
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(c) any combination of the generators, facilities or
suppliers referred to in clauses (a) to (b). |
Renewable energy generator furnishing service |
(3) For greater certainty, where a renewable energy
generator is issued a permit under the Electric Power Act that
authorizes the renewable energy generator to furnish service in the province
or an area of the province, the renewable energy generator ceases to be a
renewable energy generator for the purposes of this Act and shall be
considered to be a public utility. |
Summerside electric utility, determination of sales |
(4) For greater certainty, the annual renewable energy
portfolio standard of the City of Summerside electric utility shall be
determined, for the purposes of clause (1)(a), by using the total number of
megawatt hours of electric energy that the utility sells in a calendar year
to customers in each service area of the utility referred to in paragraph
(1)(y)(ii)(A) and (B). |
Administrative Responsibility |
2. The Minister is
responsible for the administration of this Act.
(2006,c.38,s.1;
2008,c.30,s.1) |
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PUBLIC UTILITIES |
Required percentage of electric energy from renewable energy
sources |
3. (1) For the calendar year beginning on January 1,
2010 and for each calendar year thereafter, every public utility shall
obtain at least 15 percent of the total amount of electric energy that it
sells during that calendar year from renewable energy sources. |
Annual report |
(2) Every public utility shall, for the year beginning on
January 1, 2011 and for each year thereafter, submit to the Minister an
annual report in a form and at a time required by the regulations, that sets
out |
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(a) the total amount, in megawatt hours, of the electric
energy that the public utility sold in the preceding year; and |
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(b) the total amount, in megawatt hours, of the electric
energy that the public utility obtained in the preceding year from a
renewable energy source. |
Signing annual report |
(3) The report submitted to the Minister under subsection
(2) shall be signed and sworn by an officer or other person engaged in the
management of the public utility at the time the report is submitted. |
Exception |
(4) A public utility is not required to comply with
subsection (1) in respect of any calendar year for which the public utility
is exempted by the Minister under subsection (5). |
Idem
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(5) The Minister may, on application by a public utility,
exempt the public utility from the requirements of subsection (1) for any
one or more calendar years, as the Minister considers appropriate, if the
Minister is satisfied that the public utility has entered into an agreement
with one or more other public utilities that ensures that the average of the
total amount of electric energy that the parties to the agreement have
obtained or will obtain from renewable energy sources, during the calendar
year or years for which the exemption is sought, is equal to or exceeds 15
percent of the total amount of electric energy that is or will be sold by
the parties, during the calendar year or years for which the exemption is
sought. |
Inquiry into compliance |
(6) The Lieutenant Governor in Council may direct the
Commission to inquire into, and report on, any matter related to the
compliance by a public utility with the requirements of this section. |
Offence re minimum annual renewable energy portfolio
percentage |
4. (1) Every public utility that fails to comply with
subsection 3(1) or (7) is guilty of an offence and liable on summary
conviction to a fine of not more than $300,000. |
Directors and officers, offence
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(2) Every director or officer of a public utility who
authorizes, permits or acquiesces in, the failure by a public utility to
comply with subsection 3(1) or (7), whether or not a charge has been laid or
a finding of guilt has been made against the public utility in respect of
the failure, is guilty of an offence and liable on summary conviction to a
fine of not more than $100,000. |
Payment of fine |
(3) Where a public utility pays all or part of a fine
imposed under this section, the Commission shall, after receiving notice
from the Minister of the imposition and payment of the fine, ensure that the
fine is deducted from the amount which the public utility would otherwise be
entitled to earn under the Electric Power Act as a just and
reasonable return upon its undertaking. |
Offence for failure to submit annual return |
5. Every public utility that is required by section 3 to
submit an annual report and that fails to do so when and as required by that
section is guilty of an offence and liable on summary conviction to a fine
of $500 for every day or part of a day that the failure continues. |
Demand side management plan for 2005 to 2010 |
6. (1) Every public utility shall, before September 1,
2006, prepare and submit to the Commission for its approval a plan of the
demand side management measures that the public utility proposes to
undertake during the period beginning on January 1, 2007 and ending on
December 31, 2010 to ensure that the reduction in the intensity of peak
demand by rate payers for electric energy from the public utility by the end
of that period exceeds or is equal to the percentage reduction required to
obtain the approval of the Commission under subsection (2). |
Approval of plan for 2005 to 2010 |
(2) The Commission may, on receipt of a demand side
management plan for the period referred to in subsection (1), approve the
plan if the Commission is satisfied that, after the implementation of the
measures set out in the plan, the intensity of the peak demand for electric
energy from the public utility for the calendar year 2010 is likely to be at
least 5% less than the intensity of the peak demand for electric energy from
the public utility for the calendar year 2004. |
Demand side management plan for 2011 to 2015 |
(3) Every public utility shall, before September 1, 2010,
prepare and submit to the Commission for its approval a plan of the demand
side management measures that the public utility proposes to undertake
during the period beginning on January 1, 2011 and ending on December 31,
2015 to ensure that the reduction in the intensity of peak demand by rate
payers for electric energy from the public utility by the end of that period
exceeds or is equal to the percentage reduction required to obtain the
approval of the Commission under subsection (4). |
Approval
of plan for 2011 to 2015 |
(4) The Commission may, on receipt of
a demand side management plan for the period referred to in subsection (3),
approve the plan if the Commission is satisfied that, after the
implementation of the measures set out in the plan, the intensity of the
peak demand for electric energy from the public utility for the calendar
year 2015 is likely to be at least 10% less than the intensity of the peak
demand for electric energy from the public utility for the calendar year
2004. |
Calculation of the intensity of peak demand |
(5) For the purposes of this section,
the intensity of the peak demand of a public utility for a calendar year
shall be determined in accordance with the rules or procedures established
or approved by the Commission, which rules or procedures shall take into
account the changes, during the calendar year, in the customer base of the
public utility in terms of both the number and power rate classes of its
customers. |
Report |
(6) Every public utility shall, within
3 months of the expiry of the period of an approved demand side management
plan, prepare and submit to the Commission a report that contains the
information on the implementation of the measures of the demand side
management plan that is required by the Commission. |
Order to
vary plan or make new plan |
(7) Where the Commission is not
satisfied that a demand side management plan submitted for its approval by a
public utility is likely to effect the percentage reduction in the intensity
of peak demand for electric energy from the public utility required to
obtain the approval of the Commission under subsection (2) or (4), as the
case may be, the Commission may order the public utility |
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(a) to vary the demand side management
plan, or prepare another such plan, to 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. |
Amendment
of an approved plan |
(8) After the Commission has approved
the demand side management plan of a public utility, the Commission may,
during the period of the plan and on the application of the public utility,
approve amendments to the plan, if the Commission is satisfied that the
amendments are not likely to adversely affect the percentage reduction in
the intensity of peak demand for electric energy achieved by the
implementation of the plan. |
Compliance with measures in approved plan |
(9) Every public utility shall carry
out the measures set out in an approved demand side management plan as and
when required by the plan.
(2006,c.38,s.2) |
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RENEWABLE ENERGY GENERATORS |
Distribution prohibition |
7.(1) Repealed by
2006,c.38.s.3 |
Exception |
(2) Repealed by 2006,c.38.s.3 |
Minimum
purchase price |
8.(1) Every public utility that
purchases electric energy from |
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(a) a municipal renewable energy
generator; |
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(b) a medium capacity renewable energy
generator; or |
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(c) a large capacity renewable energy
generator, |
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shall pay at least the prescribed
minimum rate or price for the electric energy. |
Exception |
(2) Subsection (1) does not
apply in respect of any payments that a public utility makes to a renewable
energy generator referred to in that subsection for the purchase of electric
energy under an agreement that the public utility and the renewable energy
generator entered into before December 20, 2005.
(2006,c.38.s.4) |
Development restrictions |
9. (1) The Lieutenant Governor
in Council may make regulations regulating or prohibiting the development,
in all or any area of the province, of renewable energy generation
facilities that utilize the wind and that have a name plate capacity greater than 100 kW. |
Paramountcy
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(2) Where there is a conflict or
inconsistency between a provision of a regulation made under this section
and any provision of another enactment, the provision of the regulation made
under this section shall prevail to the extent of the conflict or
inconsistency. |
Offence |
(3) Every person who contravenes a
provision of a regulation made under this section is guilty of an offence
and liable on summary conviction to a fine of not more than $50,000.
(2006,c.38.s.5) |
Crown
appropriation and reservation of environmental attributes |
10. (1) Any environmental
attributes that are earned by a large capacity renewable energy generator
or a public utility from the generation of electric power are appropriated and reserved to Her
Majesty in right of the province, and shall be held by Her Majesty free and
clear of |
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(a) any claim for compensation by the
large capacity renewable energy generator; or |
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(b) any encumbrance or other right of
the large capacity renewable energy generator or of any other person. |
Order |
(2) The Minister may, by order,
require a large capacity renewable energy generator to take such actions, at
the expense of the large capacity renewable energy generator, as the
Minister considers necessary in respect of the appropriation and
reservation, under subsection (1), to Her Majesty in right of the province
of any environmental attributes earned by the large capacity renewable
energy generator. |
Offence |
(3) Every large capacity renewable
energy generator who contravenes an order of the Minister under subsection
(2) is guilty of an offence and liable on summary conviction to a fine of
not more than $5,000. |
Continuing offence |
(4) Where a large capacity renewable
energy generator contravenes an order of the Minister under subsection (2)
for more than one day, the large capacity renewable energy generator is
guilty of a separate offence for each day that the contravention continues.
(2006,c.38.s.4) |
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NET-METERING SYSTEM AGREEMENTS WITH SMALL CAPACITY RENEWABLE
ENERGY GENERATORS |
Request
for net-metering system agreement |
11. (1) A small capacity
renewable energy generator may request a public utility to enter into a
net-metering system agreement to operate a net-metering system with the
small capacity renewable energy generator, if the small capacity renewable
energy generator has a renewable energy generation facility that is located
in the service area of the public utility. |
Idem |
(2) A request for a net-metering
system agreement with a public utility shall be made by submitting to the
public utility |
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(a) two copies of the prescribed
net-metering system agreement that have been completed by the small capacity
renewable energy generator; and |
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(b) such drawings or information
concerning the interconnection equipment or renewable energy generation
facility of the small capacity renewable energy generator that the public
utility reasonably requires to assist it in carrying out an inspection under
subsection (3). |
Energy credits -
alternative expiry date |
(2.1) For the purposes
of subsection 13(7), a small capacity renewable energy generator may set out
in the copies of the net-metering system agreement that the small capacity
renewable energy generator submits to a public utility under subsection (2)
the date on which any amount of electric energy, measured in kilowatt hours,
that is credited during the term of the agreement to the account of the
small capacity renewable energy generator, in respect of a bill reading
period of the public utility in a calendar year, expires in the following
calendar year. |
Idem |
(2.2) The date specified under
subsection (2.1) by a small capacity renewable energy generator in a
net-metering system agreement must be the last day of a calendar month other
than October. |
Inspection |
(3) Within 30 days of receiving a
request made by a small capacity renewable energy generator in accordance
with subsection (2), a public utility shall inspect the interconnection
equipment and the renewable energy generation facility of the small capacity
renewable energy generator to determine if the proposed operation of a
net-metering system with the small capacity renewable energy generator is
likely to have a serious adverse impact on |
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(a) the service provided by the public
utility to its other customers; |
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(b) the poles, lines, equipment or
plant of the public utility; or |
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(c) the ability of the public utility
to otherwise operate and maintain its business and electrical system in a
manner consistent with |
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(i) the
Electric Power Act, |
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(ii) the Electrical Inspection Act
R.S.P.E.I. 1988, E-3, or the regulations made under that Act, or |
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(iii) any current standard published
by the Institute of Electrical and Electronics Engineers Inc. that is not
inconsistent with any provision of one of the Acts or regulations referred
to in subclauses (i) and (ii). |
Idem |
(4) On the request of an employee or
agent of a public utility who wishes to conduct an inspection referred to in
subsection (3), a small capacity renewable energy generator shall, during
normal business hours, allow such employee or agent access to the
interconnection equipment and renewable energy generation facility of the
small capacity renewable energy generator. |
Inspection reveals likely adverse impact |
(5) If a public utility determines,
after an inspection under subsection (3), that the proposed operation of a
net-metering system with the small capacity renewable energy generator will
likely have a serious adverse impact of a type described in subsection (3),
the public utility shall, within 30 days of the date of the inspection, |
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(a) refuse to enter into a
net-metering system agreement with the small capacity renewable energy
generator; and |
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(b) serve the small capacity renewable
energy generator with |
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(i) a written notice of its decision
setting out the reasons for the refusal, and |
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(ii) a copy of section 14. |
Requirement to enter into net-metering system agreement |
(6) Within 70 days of the receipt of a
request from a small capacity renewable energy generator made in accordance
with subsection (2), a public utility shall enter into a net-metering system
agreement with the small capacity renewable energy generator if |
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(a) the renewable energy generation facility of the small
capacity renewable energy generator |
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(i) is located in the service area of
the public utility, and |
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(ii) has a name plate capacity of less
than 100 kW; and |
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(b) the public utility determines,
after an inspection under subsection (3), that the proposed operation of a
net-metering system with the small capacity renewable energy generator will
not likely have a serious adverse impact of a type described in subsection
(3). |
Signing
agreement and return of a copy |
(7) Where a public utility is required
to enter into a net-metering system agreement under subsection (6), the
public utility shall |
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(a) sign the copies of the
net-metering system agreement submitted by the applicant; and |
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(b) return a copy of the signed
net-metering system agreement to the applicant. |
Termination |
(8) Subject to subsection (13), a
net-metering system agreement continues in force until the date of
termination specified in a notice given by a party to the agreement under
subsections (9) or (11). |
Idem |
(9) A small capacity renewable energy
generator that is a party to a net-metering system agreement and that wishes
to terminate the agreement may do so at any time by giving a written notice
to the other party that specifies the date of termination. |
Idem |
(10) A public utility that is a party
to a net-metering system agreement may terminate the agreement only if |
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(a) the small capacity renewable
energy generator that is a party to the agreement fails to comply with a
condition of the agreement or any provision of this Act or the regulations;
or |
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(b) the public utility considers it
necessary to do so |
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(i) to avoid a serious adverse impact
of a type described in subsection 11(3), or |
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(ii) to otherwise protect public
safety. |
Notice |
(11) A public utility that wishes to
terminate a net-metering system agreement under subsection (10) shall serve
a written notice on the small capacity renewable energy generator that is a
party to the agreement that |
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(a) sets out the reasons for the
termination; |
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(b) indicates the date of the
termination; and |
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(c) includes a copy of section 14. |
Date of
termination |
(12) The date of termination specified
in a written notice given under subsections (9) and (11) must be a date at
least five days following the date on which the notice is served. |
Notice |
(13) Where a public utility terminates
a net-metering system agreement with a small capacity renewable energy
generator in the circumstances referred to in clause (10)(b), the public
utility shall as soon as possible after the termination, serve on the small
capacity renewable energy generator a written notice that includes the
information required under subsection (11).
2006,c.20,s.1. |
Operation
of net-metering system under agreement |
12. (1) A public utility shall,
after entering into a net-metering system agreement with a small renewable
energy generator, permit the small renewable energy generator to operate a
net-metering system in parallel with the public utility's electric system in
accordance with the terms and conditions of this Act, the regulations and
the net-metering system agreement. |
Charges,
restriction |
(2) Under a net-metering system
agreement with a small capacity renewable energy generator, a public utility
shall not charge the small capacity renewable energy generator any fee or
charge that is not charged or imposed on, or that differs in amount from any
such fee or charge that is imposed on, any other customer of the public
utility who is in the same power rate class as the small capacity renewable
energy generator. |
Installation of meters |
13. (1) Within 30 days after
entering into a net-metering system agreement with a small renewable energy
generator, a public utility shall install, at a location agreeable to both
parties, such meters, and undertake such other actions, as are necessary to
establish a net-metering system with the small renewable energy generator. |
Inspection, access |
(2) After a public utility has
installed a net-metering system for a small renewable energy generator, the
small renewable energy generator shall allow, during normal business hours,
the employees or agents of the public utility to have access to the
net-metering system for the purposes of |
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(a) testing or inspecting the
net-metering system; and |
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(b) reading the meters of the
net-metering system. |
Ownership
of meters |
(3) For greater certainty, the meters
installed by a public utility pursuant to subsection (2) remain the property
of the public utility. |
Reading
meters |
(4) A public utility that installs a
net-metering system with a small capacity renewable energy generator shall,
at the end of each bill reading period of the public utility, |
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(a) simultaneously read the meters of
the system to determine the amounts of electric energy that have been
produced and consumed during the bill reading period by the small capacity
renewable energy generator; and |
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(b) give to the small capacity
renewable energy generator a notice that advises the small capacity
renewable energy generator of |
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(i) the amount of electric energy that the small capacity
renewable energy generator produced during the bill reading period, if any, |
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(ii) the amount of electric
energy that the small capacity renewable energy generator consumed during
the bill reading period, |
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(iii) the difference between
the amounts referred to in subclauses (i) and (ii), |
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(iv) any entitlement that the
small capacity renewable energy generator has to a credit under subsection
(5), and |
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(v) if the small capacity
renewable energy generator produced no electric energy during the bill
reading period, or produced an amount of electric energy less than that the
small capacity renewable energy generator consumed during that period, the
dollar amount that the small capacity renewable energy generator is obliged
to pay to the public utility. |
Credits |
(5) Where, after a public
utility installs a net-metering system with a small capacity renewable
energy generator, the small capacity renewable energy generator produces an
amount of electric energy during a bill reading period that exceeds the
amount of electric energy that the small capacity renewable energy generator
consumes during that period, the small capacity renewable energy generator
is entitled to a credit, measured in kilowatt-hours, from the public utility
equal to the difference between the amount of electric energy that small
capacity renewable energy generator produced and consumed. |
Application |
(6) An amount of electric
energy that is due as a credit from a public utility to a small capacity
renewable energy generator in respect of a bill reading period shall,
subject to subsection (7), |
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(a) be credited to the account
of the small capacity renewable energy generator; and |
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(b) be applied by the public
utility against the amount of electric energy, as measured in
kilowatt-hours, that the small capacity renewable energy generator consumes
in the following bill reading period or a subsequent bill reading period. |
Expiry |
(7) Where an amount of
electric energy, measured in kilowatt hours, is credited to the account of a
small capacity renewable energy generator in respect of a bill reading
period of a public utility in a calendar year, the amount of the credit
expires
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(a) on October 31 in the
following calendar year if |
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(i) the amount of the credit
cannot, before that date, be applied in accordance with subsection (6), and |
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(ii) the net-metering system
agreement between the small capacity renewable energy generator and the
public utility is silent as to the expiry date of such a credit or specifies
an expiry date that does not meet the requirements of subsection 11(2.2);
and |
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(b) on the date, other than
October 31, in the following calendar year that is specified in the
net-metering system agreement between the small capacity renewable energy
generator and the public utility as the date such a credit expires, if |
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(i) the amount of the credit
cannot, before that date, be applied in accordance with subsection (6), and |
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(ii) that expiry date meets
the requirements of subsection 11(2.2).
2006,c.38.s.7; 2006,c.20,s.2 |
Appeals |
14. (1) Where |
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(a) the request of a small capacity
renewable energy generator for a net-metering system agreement is refused by
a public utility; or |
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(b) a public utility
terminates a net-metering system agreement with a small capacity renewable
energy generator, |
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the small capacity renewable
energy generator may, within 30 days from the date of the service of the
notice of refusal or termination from the public utility, appeal the refusal
or termination to the Commission. |
Notice of
appeal |
(2) An appeal to the Commission shall
be commenced by serving a written notice of appeal on |
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(a) the Commission; and |
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(b) the public utility. |
Contents |
(3) A notice of appeal shall set out
the grounds of the appeal and state briefly the allegations of fact relative
thereto. |
Appearance at hearing of appeal |
(4) On the hearing of an appeal, both
the small capacity renewable energy generator and the public utility are
entitled to appear and be heard and to submit further evidence. |
Designation of person to hear appeal |
(5) The Commission may, in writing,
designate a person to act on behalf of the Commission and hear an appeal
under this section and any reference in this section to the Commission
includes a person so designated. |
Grounds
of appeal in notice |
(6) No grounds of appeal shall be
considered by the Commission other than the grounds of appeal set out in the
notice of appeal. |
Decisions |
(7) The Commission may, after hearing
an appeal, |
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(a) affirm the decision of the public
utility to |
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(i) refuse to enter into a
net-metering system agreement, or |
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(ii) terminate such an agreement; or |
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(b) order the public utility to enter
into a net-metering system agreement with the applicant, that is subject to
or includes such conditions, if any, specified in the order as the
Commission considers appropriate. |
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GENERAL |
Service
of documents |
15. (1) A notice that is
required to be served under this Act is sufficiently served if it is |
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(a) delivered personally to the person
who is entitled to receive the notice; or |
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(b) sent by registered mail addressed
to the person who is entitled to receive the notice, |
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(i) where the person is a small
capacity renewable energy generator, at the address last provided by the
person in a request for a net-metering system agreement or in a notice of
appeal, as the case may be, |
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(ii) where the person is a public
utility, at the latest address appearing on the records of the Commission,
or |
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(iii) where the person is the
Commission, at the address of its office. |
Service
by registered mail |
(2) Where any notice mentioned in
subsection (1) is served by registered mail, the service shall be deemed to
be made on the third day after the date of mailing. |
Penalty |
16. (1) Every public utility or
renewable energy generator who |
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(a) contravenes or violates section 6,
7 or 8 of this Act; or |
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(b) fails, neglects, omits or
refuses to do any Act or thing required of that public utility or renewable
energy generator 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 under subsection (1) continues 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 renewable
energy generator fails to pay any penalty imposed by the Commission within
the time fixed by the Commission for the payment of the penalty, the
Commission may make application, without notice to the public utility or
renewable energy generator, to the Supreme Court for an order that judgment
for the amount of the penalty or unpaid portions of the penalty may be
entered in the Supreme Court against the public utility or renewable energy
generator. |
Order |
(4) 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. |
Execution |
(5) On any judgment entered under this
section, execution may be issued as on any other final judgment of the
Supreme Court. |
Operating Fund |
17. Every penalty or fine
imposed or collected under the provisions of this Act shall be submitted to
the Minister of Finance and Municipal Affairs and deposited into the Operating Fund.
2004,c.16,s.17;
2010,c.31,s.3. |
Regulations |
18. The Lieutenant Governor in
Council may make regulations |
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(a) prescribing a source of renewable
energy for the purposes of subclause 1(u)(v); |
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(b) respecting the form, and the time
for the submission each year, of an annual report by a public utility under
section 3; |
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(c) respecting the minimum rate or price at which a public
utility is required to purchase electric energy under section 8; |
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(d) respecting the form and conditions
of a net-metering system agreement; |
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(e) defining any word or expression
used in this Act that is not defined in this Act; and |
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(f) generally for carrying out any of
the purposes or provisions of this Act.
(2006,c.38.s.8) |
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