Acts and Regulations

2013-65 - Electricity from Renewable Resources

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Revoked on 16 November 2015
NEW BRUNSWICK
REGULATION 2013-65
under the
Electricity Act
(O.C. 2013-287)
Filed September 24, 2013
Under section 142 of the Electricity Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2015-60
Citation
1This Regulation may be cited as the Electricity from Renewable Resources Regulation - Electricity Act.
Definitions
2The following definitions apply in this Regulation.
“approved generation facility” Repealed: 2014-128
“Certification Criteria Document” Repealed: 2014-128
“compliance year” Repealed: 2014-128
“distributed generation” means(production distribuée)
(a) electricity that is generated by an embedded generation facility that is connected to the distribution system of a distribution electric utility and that began generating electricity on or after April 1, 2001, and
(b) electricity that is generated by a generation facility that is connected to the distribution system of a distribution electric utility and is operated by a customer of the distribution electric utility if the customer has entered into a net metering agreement with the distribution electric utility.
“electricity from renewable resources” means(électricité de sources renouvelables)
(a) eligible electricity,
(b) electricity that is generated inside the Province in an innovative manner and provides a net environmental benefit to the Province,
(c) electricity generated inside or outside the Province from any of the following sources:
(i) solar energy;
(ii) wind energy;
(iii) hydroelectric energy;
(iv) ocean-powered energy;
(v) biogas energy;
(vi) biomass energy; or
(vii) sanitary landfill gas; and
(d) distributed generation if the electricity is
(i) electricity that is generated inside the Province in an innovative manner and provides a net environmental benefit to the Province, or
(ii) electricity generated inside the Province from any of the following sources:
(A) solar energy;
(B) wind energy;
(C) hydroelectric energy;
(D) ocean-powered energy;
(E) biogas energy;
(F) biomass energy; or
(G) sanitary landfill gas.
“eligible electricity” means electricity generated in the Province at any of the following facilities owned and operated by an eligible large industrial enterprise: (électricité admissible)
(a) Repealed: 2014-128
(b) an eligible facility at which electricity is generated through the combustion of woody biomass or its by-products from the chemical manufacture of pulp, including black and red liquors, for the purposes of cogeneration or producing combined heat and power; or
(c) a facility at which electricity is generated through the combustion of woody biomass or its by-products from the chemical manufacture of pulp, including black and red liquors, for the purposes of cogeneration or producing combined heat and power.
“eligible facility” means a facility that meets the following criteria: (installation admissible)
(a) the facility has an electrical energy requirement of not less than 50 GWh per year;
(b) the facility obtains all or a portion of its electricity on a firm basis from the Corporation; and
(c) 50% or more of the primary products produced by the facility are exported to another province or territory of Canada or elsewhere.
“eligible large industrial enterprise” means an organization, or a group of organizations, that is directly or indirectly owned or controlled by the same person and that(grande entreprise industrielle admissible)
(a) owns and operates an eligible facility, and
(b) owns and operates a facility that generates eligible electricity.
“environmental attributes” means environmental premiums or tradeable credits that are recognized in Canada or elsewhere as being derived from the generation of an amount of electricity from a renewable resource. (attributs environnementaux)
“fiscal year” means the period commencing April 1 of one year and ending March 31 of the following year. (exercice financier)
2014-128
Electricity from renewable resources
3(1)Repealed: 2014-128
3(1.1)On December 31, 2020, and for each subsequent fiscal year, the Corporation shall ensure that 40% of the total in-province electricity sales in kWh is electricity from renewable resources.
3(1.2)On and after the commencement of this subsection and before December 31, 2020, the Corporation shall, for the purposes of gradually fulfilling the requirement under subsection (1.1), endeavour to obtain more electricity from renewable resources.
3(1.3)On and after the commencement of this subsection and before December 31, 2020, the Corporation shall, at a minimum, ensure that the percentage of the total in-province electricity sales in kWh for the fiscal year 2012-2013 that is electricity from renewable resources is maintained.
3(2)Any electricity from renewable resources that does not include the immediate and unfettered rights of ownership of any and all the environmental attributes associated with its generation shall not be counted towards fulfilling the requirement under subsection (1.1).
3(3)Despite subsection (2), the electricity obtained from a sanitary landfill is not required to include the immediate and unfettered rights of ownership of any and all the environmental attributes associated with the destruction of methane in order to count towards fulfilling the requirement under subsection (1).
2014-128
Large Industrial Renewable Energy Purchase Program
4(1)Subject to subsection (2) and section 8, the Corporation shall, in accordance with the Large Industrial Renewable Energy Purchase Program, obtain enough eligible electricity from an eligible large industrial enterprise that the cumulative cost of firm electricity for all of the eligible facilities owned and operated by the eligible large industrial enterprise is reduced by the target reduction percent.
4(2)The target reduction percent for an eligible large industrial enterprise shall be based on the amount of electricity that the eligible facilities owned and operated by the eligible large industrial enterprise were contracted to obtain on a firm basis from the Corporation immediately before the eligible large industrial enterprise’s participation in the Large Industrial Renewable Energy Purchase Program.
Purchase price for eligible electricity
5The purchase price that the Corporation shall pay for eligible electricity under the Large Industrial Renewable Energy Purchase Program is $95.00 per MWh.
Calculation of Canadian average rate
6(1)On or before April 21 in each fiscal year, the Minister shall calculate the Canadian average rate for that fiscal year.
6(2)The Minister shall, using the representative customer load profiles, data and methodologies that the Minister considers to be relevant, calculate the Canadian average rate based on the rates that are in effect on April 1 for firm electricity in those provinces and territories of Canada selected by the Minister.
2014-128
Target reduction percent
7On or before April 21 in each fiscal year, the Minister shall calculate the target reduction percent for that fiscal year by:
(a) subtracting the Canadian average rate for firm electricity for that fiscal year for those customers who are engaged in a particular manufacturing or processing activity from the rate for firm electricity that is in effect on April 1 for the eligible facilities that are owned and operated by eligible large industrial enterprises and that are engaged in that particular manufacturing or processing activity;
(b) dividing the amount determined under paragraph (a) by the rate for firm electricity that is in effect on April 1 for the eligible facilities that are owned and operated by eligible large industrial enterprises and that are engaged in that particular manufacturing or processing activity; and
(c) multiplying the amount determined under paragraph (b) by 100.
2014-128
Special measures
8(1)If the facilities owned and operated by an eligible large industrial enterprise are not capable of generating a sufficient amount of eligible electricity that, if sold to the Corporation in accordance with the Large Industrial Renewable Energy Purchase Program, would result in a reduction in the cumulative cost of firm electricity by the target reduction percent for all of the eligible facilities owned and operated by the eligible large industrial enterprise, the Corporation may alter the eligible facilities’ contracted supply mix that was in place immediately before the eligible large industrial enterprise’s participation in the program by decreasing the proportion of firm electricity and increasing the proportion of interruptible electricity.
8(2)The savings achieved in the first year the eligible large industrial enterprise participates in the Large Industrial Renewable Energy Purchase Program as a result of an alteration in the eligible facilities’ contracted supply mix under subsection (1) shall apply in the subsequent years the eligible large industrial enterprise participates in the program and shall be taken into account when the Corporation obtains eligible electricity from the eligible large industrial enterprise under subsection 4(1).
8(3)The Corporation shall waive any restrictions or penalties that would otherwise apply to an alteration in the eligible facilities’ contracted supply mix under subsection (1).
Approval of generation facility
Repealed: 2014-128
2014-128
9Repealed: 2014-128
2014-128
Maintaining approval
Repealed: 2014-128
2014-128
10Repealed: 2014-128
2014-128
Loss of approval
Repealed: 2014-128
2014-128
11Repealed: 2014-128
2014-128
Credits and debits
Repealed: 2014-128
2014-128
12Repealed: 2014-128
2014-128
Compliance report
Repealed: 2014-128
2014-128
13Repealed: 2014-128
2014-128
Plan for achieving compliance
Repealed: 2014-128
2014-128
14Repealed: 2014-128
2014-128
Progress report
2014-128
14.1(1)The Corporation shall, within three months after the end of each fiscal year, report to the Minister the following information:
(a) the total in-province electricity sales in kWh for the fiscal year;
(b) the amount of in-province electricity sales in kWh that was reduced by demand-side management and energy efficiency plans for the fiscal year;
(c) the total amount of electricity from renewable resources in kWh obtained during the fiscal year;
(d) the total amount of eligible electricity in kWh obtained during the fiscal year;
(e) the total amount of electricity in kWh that is generated inside the Province in an innovative manner, provides a net environmental benefit to the Province and is obtained during the fiscal year;
(f) the total amount of electricity in kWh that is generated inside the Province from each of the following sources and is obtained during the fiscal year:
(i) solar energy;
(ii) wind energy;
(iii) hydroelectric energy;
(iv) ocean-powered energy;
(v) biogas energy;
(vi) biomass energy; and
(vii) sanitary landfill gas;
(g) the total amount of electricity in kWh that is generated outside the Province from each of the following sources and is obtained during the fiscal year:
(i) solar energy;
(ii) wind energy;
(iii) hydroelectric energy;
(iv) ocean-powered energy;
(v) biogas energy;
(vi) biomass energy; and
(vii) sanitary landfill gas;
(h) the total amount of distributed generation in kWh obtained during the fiscal year if the electricity is
(i) electricity that is generated inside the Province in an innovative manner and provides a net environmental benefit to the Province, or
(ii) electricity generated inside the Province from any of the following sources:
(A) solar energy;
(B) wind energy;
(C) hydroelectric energy;
(D) ocean-powered energy;
(E) biogas energy;
(F) biomass energy; or
(G) sanitary landfill gas; and
(i) a plan for how the Corporation will fulfil the requirement under subsection 3(1.1).
14.1(2)The report shall be accompanied by a declaration by the President and Chief Executive Officer with respect to the electricity from renewable resources referred to in paragraph (1)(c), other than the electricity generated from the destruction of methane and obtained from a sanitary landfill, that the electricity from renewable resources obtained by the Corporation included the immediate and unfettered rights of ownership of any and all the environmental attributes resulting from its generation.
2014-128
Commencement
15This Regulation comes into force on October 1, 2013.
N.B. This Regulation is consolidated to November 16, 2015.