Acts and Regulations

2013-66 - Reliability Standards

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Document at 25 May 2016
NEW BRUNSWICK
REGULATION 2013-66
under the
Electricity Act
(O.C. 2013-286)
Filed September 24, 2013
Under section 142 of the Electricity Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Reliability Standards Regulation - Electricity Act.
DEFINITIONS
Definition of “bulk power system”
2In the Act and this Regulation, “bulk power system” means the Bulk Electric System as defined in the most recent definition of the Bulk Electric System approved by FERC and set out in the most recent version of the document entitled “Glossary of Terms Used in NERC Reliability Standards”, published by NERC, with the deletion of any note relating to an exception process, and, despite the foregoing
(a) includes any system element ordered by the Board under subsection 3(5), (6) or (8) to be included in the definition “bulk power system”, and
(b) excludes any system element ordered by the Board under subsection 3(5), (6) or (8) to be excluded from the definition “bulk power system”.
Exceptions - bulk power system inclusions and exclusions
3(1)For the purposes of paragraphs 2(a) and (b), the Corporation may file with the Board a list of system elements that the Corporation proposes should be included in the definition “bulk power system” and those it proposes should be excluded from the definition.
3(2)A list filed under subsection (1) shall include any supporting evidence that the Board requires.
3(3)Within 60 days after a list is filed under subsection (1), a registered entity or the compliance body may submit to the Board written comments concerning the list.
3(4)The Board shall notify all registered entities and the compliance body of any new list filed under subsection (1) or any change to a list previously filed under subsection (1).
3(5)If, during the comment period under subsection (3), there are no substantive comments submitted to the Board by a registered entity or the compliance body and the Board itself has no substantive concerns, the Board shall, by order and in accordance with the list, include system elements in or exclude system elements from the definition “bulk power system”.
3(6)If, during the comment period under subsection (3), a registered entity or the compliance body submits substantive comments to the Board or the Board itself has substantive concerns, the Board shall review the list filed under subsection (1) and the Board shall, by order, determine which system elements appearing on the list are included in or excluded from the definition “bulk power system”.
3(7)On application by any person or on its own motion, the Board may review the composition of the bulk power system.
3(8)At the conclusion of any review initiated under subsection (7), the Board may order that any system elements be included in or excluded from the definition “bulk power system”.
3(9)In making an order under subsection (6) or (8), the Board shall consider
(a) the necessity of the system elements for the reliable operation of the interconnected bulk power system,
(b) the potential costs and benefits of the inclusion of the system elements in the definition “bulk power system” or of their exclusion from the definition,
(c) consistency with inclusion and exclusion criteria and practices applicable in neighbouring bulk power systems to the exception process for system elements, and
(d) any other factors the Board considers relevant.
Definitions
4The following definitions apply in this Regulation.
“Act” means the Electricity Act.(Loi)
“Balancing Authority” means Balancing Authority as described in section 6.(autorité chargée de l’équilibrage)
“designee” means a person to whom the obligation to comply with any requirements of an approved reliability standard is transferred by an agreement entered into under subsection 120(3) of the Act.(délégué)
“entity” means an owner, operator or user of the bulk power system.(entité)
“equivalent reliability standard” means a reliability standard, established by NERC, on which an approved reliability standard is based.(norme de fiabilité équivalente)
“FERC” means the Federal Energy Regulatory Commission of the United States of America.(FERC)
“functional entity” means an entity that performs a prescribed function.(entité fonctionnelle)
“NB CMEP” means the New Brunswick Compliance Monitoring and Enforcement Program referred to in section 14 and set out in Schedule A. (PSCENB)
“NERC” means the North American Electric Reliability Corporation.(NERC)
“New Brunswick Compliance Registry” means the registry referred to in section 10.(Registre de conformité du Nouveau-Brunswick)
“NPCC” means Northeast Power Coordinating Council Inc.(NPCC)
“previous definition of bulk power system” means the definition “New Brunswick Bulk Power System” set out in the document entitled “Market Procedure MP-08, Reliability Compliance Program New Brunswick (NBSO RCP-NB)”, published by the New Brunswick System Operator referred to in paragraph (h) of the definition “amalgamating corporations” in section 1 of the Act, as that document read in the version in force immediately before the commencement of this section.(définition antérieure de réseau de production-transport)
“Reliability Coordinator” means Reliability Coordinator as described in section 6.(coordinateur de la fiabilité)
“registered entity” means a functional entity registered with the Board in respect of one or more prescribed functions or the designee of such an entity.(entité inscrite)
“Transmission Operator” means Transmission Operator as described in section 6.(exploitant du réseau de transport)
DESIGNATIONS
Designations
5(1)For the purposes of the definition “compliance body” in section 1 of the Act, NPCC is designated as a compliance body.
5(2)For the purposes of the definition “standards body” in section 1 of the Act, NERC is designated as a standards body.
PRESCRIBED FUNCTIONS
Prescribed functions
6For the purposes of the definition “prescribed functions” in section 118 of the Act and for the purposes of subsections 120(1), 121(1) and 150(1) of the Act, the following functions are prescribed:
 
Prescribed Function
Functional Entity
Description of Prescribed Function
Balancing
Balancing Authority
The responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a balancing area and supports interconnection frequency in real time.
 
Distribution
Distribution Provider
An entity that provides and operates the wires between the transmission system and the end-use customer and
(a) serves greater than 25 MW of peak load that is directly connected to the bulk power system, or
(b) is the responsible entity that owns, controls or operates a facility that is part of an under-frequency load shedding program, an under-voltage load shedding program, a special protection system or a transmission protection system.

 
For end-use customers who are served at transmission voltages, the entity that operates the wires between the transmission system and the customer.
 
Generator Operations
Generator Operator
An entity that operates one or more generating units and performs the functions of supplying energy and services that support the reliable operation of the interconnected bulk power system and
(a) operates one or more generating units greater than 20 MVA (gross nameplate rating) that are directly connected to the bulk power system,
(b) operates one or more generating plants/facilities greater than 75 MVA (gross aggregate nameplate rating) that are connected via step-up transformers to the bulk power system,
 
(c) operates a generating facility that is material to and designated as part of a Transmission Operator’s restoration plan, or
  
(d) operates a generating unit that is material to the reliability of the bulk power system.
 
Generator Ownership
Generator Owner
An entity that owns and maintains one or more generating units and
 
(a) owns one or more generating units greater than 20 MVA (gross nameplate rating) that are directly connected to the bulk power system,
(b) owns one or more generating plants/facilities greater than 75 MVA (gross aggregate nameplate rating) that are connected via step-up transformers to the bulk power system,

 
      (c) owns a generating facility that is material to and designated as part of a Transmission Operator’s restoration plan, or
 

 
 (d) owns a generator that is material to the reliability of the bulk power system.
 
Interchange
Interchange
Authority
The responsible entity that authorizes implementation of valid and balanced interchange schedules between balancing authority areas and ensures communication of interchange information for reliability assessment purposes.
 
Load Serving
Load Serving Entity
An entity that secures energy and transmission service to serve the electrical demand and energy requirements of its end-use customers and
(a) serves a peak load greater than 25 MW that is directly connected to the bulk power system,
(b) is responsible for a facility that is part of an under-frequency load shedding program designed, installed and operated for the protection of the bulk power system, or
 (c) is a Distribution Provider that will be registered under subsection 121(1) of the Act in respect of Load Serving for all load directly connected to its distribution facilities.
 
Planning Reliability
Planning Authority
The responsible entity that coordinates and integrates transmission facility and service plans, resource plans, and protection systems.
 
Purchasing Selling
Purchasing Selling Entity
An entity that purchases or sells, and takes title to, energy, capacity and reliability related services.
 
Operating Reliability
Reliability Coordinator
The entity that is the highest level of authority that is responsible for the reliable operation of the bulk power system, has the wide area view of neighbouring bulk power systems, and has the operating tools, processes and procedures, including the authority, to prevent or mitigate emergency operating situations in both next-day analysis and real-time operations.


 

 
 The Reliability Coordinator has the purview that is broad enough to enable the calculation of interconnection reliability operating limits, which may be based on the operating parameters of transmission systems beyond any Transmission Operator’s vision.
 
Reserve Sharing
Reserve Sharing Group
A group whose members consist of two or more Balancing Authorities that collectively maintain, allocate, and supply operating reserves required for each Balancing Authority’s use in recovering from contingencies within the group.
 
 
Scheduling energy from an adjacent Balancing Authority to aid recovery need not constitute reserve sharing provided the transaction is ramped in over a period in which the supplying entity could reasonably be expected to load generation (e.g., ten minutes).
 
 
 
 
 
If the transaction is ramped in quicker (e.g., between zero and ten minutes) then, for the purposes of disturbance control performance, the areas become a Reserve Sharing Group.
  
Resource Planning
Resource Planner
An entity that develops a long-term (generally one year and beyond) plan for the resource adequacy of specific loads (customer demand and energy requirements) within a planning authority area.
 
Transmission Operations
Transmission Operator
The entity responsible for the reliability of its local transmission system, that operates or directs the operations of the transmission facilities and that operates a transmission element of the bulk power system.
 
Transmission Ownership
Transmission Owner
An entity that owns and maintains transmission facilities and that owns a transmission element of the bulk power system.
 
Transmission Planning
Transmission Planner
The entity that develops a long-term (generally one year and beyond) plan for the reliability (adequacy) of the interconnected bulk power system within its portion of the planning authority area.
 
Transmission Service
Transmission Service Provider
The entity that administers the approved transmission tariff and provides transmission service to transmission customers under applicable transmission service agreements.
APPROVED RELIABILITY STANDARDS
Applications
7(1)For the purposes of subsection 119(1) of the Act, the Corporation shall file materials and information by making an application under this section.
7(2)Within 60 days after a reliability standard has been approved by FERC, the Corporation shall make an application to the Board for approval of the reliability standard, with or without modifications.
7(3)Within the following time periods, the Corporation shall make an application to the Board for a determination as to whether modifications to an approved reliability standard are warranted:
(a) within 60 days after the approval of revisions to the equivalent reliability standard by FERC;
(b) within 120 days after receipt by the Corporation of a written notice from a registered entity or the Board directing the Corporation to make an application under this subsection in respect of potential modifications to the approved reliability standard.
7(4)Within the following time periods, the Corporation shall make an application to the Board for the retirement of an approved reliability standard:
(a) within 60 days after approval by FERC of the retirement of the equivalent reliability standard;
(b) within 120 days after receipt by the Corporation of a written notice from a registered entity or the Board directing the Corporation to make an application under this subsection in respect of the potential retirement of the approved reliability standard.
7(5)Nothing prevents the Corporation from making to the Board, at any other times,
(a) an application for a determination as to whether modifications to an approved reliability standard are warranted, or
(b) an application for the retirement of an approved reliability standard.
7(6)A registered entity that issues a notice referred to in paragraph (3)(b) or (4)(b) shall give all reasonable assistance to the Corporation in the preparation of the resulting application and is a party to any hearing of the application.
7(7)In making an application for the approval of a reliability standard under subsection (2), the Corporation shall submit to the Board
(a) a document setting out
(i) the title and alphanumeric or numeric designation given by NERC to the reliability standard, and
(ii) the date on which the reliability standard was approved by FERC,
(b) as an appendix to the document referred to in paragraph (a), a document clearly identifying any modifications to the reliability standard recommended by the Corporation, and
(c) any other information that the Board requests.
7(8)In making an application under subsection (3) for a determination as to whether modifications to an approved reliability standard are warranted, the Corporation shall submit to the Board
(a) a document setting out
(i) the title and alphanumeric or numeric designation given by NERC to the equivalent reliability standard, and
(ii) any previous modifications to the equivalent reliability standard that were approved by the Board,
(b) a document setting out the revisions approved by FERC to the equivalent reliability standard that triggered the requirement to make the application, or a copy of the notice referred to in paragraph (3)(b) that triggered the requirement to make the application, as the case may be,
(c) a document
(i) setting out the Corporation’s recommendation in respect of the application, including the basis for the recommendation, and
(ii) clearly identifying any modifications to the approved reliability standard that are recommended by the Corporation,
(d) if any amendments recommended by the Corporation to the approved reliability standard differ from revisions approved by FERC to the equivalent reliability standard or from potential modifications set out in a notice referred to in paragraph (3)(b), as the case may be, a document clearly identifying the differences, and
(e) any other information that the Board requests.
7(9)In making an application under paragraph (5)(a) for a determination as to whether modifications to an approved reliability standard are warranted, the Corporation shall submit to the Board the documents or information referred to in paragraphs (8)(a), (c) and (e).
7(10)In making an application for the retirement of an approved reliability standard under subsection (4) or paragraph (5)(b), the Corporation shall submit to the Board
(a) a document setting out
(i) the title and alphanumeric or numeric designation given by NERC to the equivalent reliability standard,
(ii) any previous modifications to the equivalent reliability standard that were approved by the Board,
(b) if applicable, the date on which FERC approved the retirement of the equivalent reliability standard, and
(c) any other information that the Board requests.
7(11)In making an application under this section, the Corporation may submit to the Board any additional information that it considers may be relevant to the application, including information relating to the implementation of the approved reliability standard.
Required actions by Board
8(1)On receipt of an application under section 7, the Board shall notify all registered entities, the standards body and the compliance body of the application and post the application on its website.
8(2)Within 60 days after an application is posted under subsection (1), a registered entity, the standards body or the compliance body may submit written comments concerning the application to the Board.
8(3)As soon as practicable after the expiry of the comment period under subsection (2), the Board shall approve a reliability standard, together with any non-substantive modifications that it considers appropriate,
(a) if the Corporation made no recommendation in the application under subsection 7(2) for any substantive modification to the reliability standard as approved by FERC, and
(b) if, during the comment period under subsection (2), there were no substantive comments submitted to the Board by a registered entity, the standards body or the compliance body.
8(4)As soon as practicable after the expiry of the comment period under subsection (2), the Board shall approve modifications to an approved reliability standard that are recommended by the Corporation in an application under subsection 7(3) or paragraph 7(5)(a)
(a) if the recommended modifications are not substantively different from revisions approved by FERC to the equivalent reliability standard, and
(b) if, during the comment period under subsection (2), there were no substantive comments submitted to the Board by a registered entity, the standards body or the compliance body.
8(5)As soon as practicable after the expiry of the comment period under subsection (2), the Board shall retire an approved reliability standard
(a) if the application under subsection 7(4) or paragraph 7(5)(b) indicates the date on which FERC approved the retirement of the equivalent reliability standard, and
(b) if, during the comment period under subsection (2), there were no substantive comments submitted to the Board by a registered entity, the standards body or the compliance body.
8(6) For the purposes of subsections (3) and (4) and without limiting the generality of those subsections,
(a) any modifications to a reliability standard that are recommended by the Corporation or that are approved by the Board shall not be considered substantive modifications if the modifications are necessary to ensure compatibility with or consistency with the laws of the Province or of Canada, and
(b) any modifications to an approved reliability standard that are recommended by the Corporation shall not be considered substantively different from revisions approved by FERC to the equivalent reliability standard if the differences are necessary to ensure compatibility with or consistency with the laws of the Province or of Canada.
8(7)If subsections (3), (4) and (5) do not apply in respect of an application made under section 7, a hearing shall be held by the Board in respect of the application.
8(8)Notice of the hearing shall, unless otherwise ordered by the Board, be given in writing to registered entities and be given by advertisement for a period of not less than 20 days, in one or more newspapers as directed by the Board and by any other means that the Board may direct.
8(9)When notice of the hearing is given, the Board shall conduct the hearing.
8(10)Subject to subsection 119(2) of the Act, the Board shall, at the conclusion of the hearing of an application under subsection 7(2),
(a) approve the reliability standard, with or without modifications,
(b) refuse to approve the reliability standard, or
(c) remand the reliability standard to the Corporation for further consideration.
8(11)Subject to subsection 119(2) of the Act, the Board shall, at the conclusion of the hearing of an application under subsection 7(3) or paragraph 7(5)(a),
(a) determine that no modification to the approved reliability standard is warranted,
(b) approve modifications to the approved reliability standard, or
(c) remand the matter to the Corporation for further consideration.
8(12)Subject to subsection 119(2) of the Act, the Board shall, at the conclusion of the hearing of an application under subsection 7(4) or paragraph 7(5)(b),
(a) retire the approved reliability standard, or
(b) refuse to retire the approved reliability standard.
Publication of list of approved reliability standards
9(1)The Board shall make available on its website an up-to-date list of approved reliability standards.
9(2)The list may include references, whether by title or alphanumeric or numeric designation, to reliability standards published by NERC.
REGISTRATION
New Brunswick Compliance Registry
10(1)The Board shall establish and maintain a registry, to be known as the New Brunswick Compliance Registry, that lists
(a) entities that perform prescribed functions in respect of which they are registered with the Board under subsection 121(1) of the Act,
(b) the prescribed functions in respect of which entities referred to in paragraph (a) are registered, and
(c) entities registered as designees of the entities referred to in paragraph (a).
10(2)The Board shall make available on its website an up-to-date version of the New Brunswick Compliance Registry.
Notification
11(1)Unless otherwise directed by the Board, the Corporation or the compliance body shall, on an ongoing basis, make recommendations to the Board as to
(a) which entities are required to be registered under subsection 121(1) of the Act, and
(b) the prescribed functions in respect of which those entities are required to register.
11(2)An entity may inform the Board of the following information:
(a) that the entity may be required to register under subsection 121(1) of the Act, and
(b) the prescribed functions in respect of which registration may be required.
11(3)On receiving a recommendation made under subsection (1) with respect to an entity, the Board shall notify that entity in writing of the requirement to register under subsection 121(1) of the Act and of the prescribed functions in respect of which registration is required.
11(4)If the Board is informed by an entity under subsection (2) that the entity may be required to register under subsection 121(1) of the Act, the Board shall, if it determines that the entity is indeed required to register under that subsection, notify that entity in writing of the requirement to register under subsection 121(1) of the Act and of the prescribed functions in respect of which registration is required.
11(5)On notifying any entity under subsection (3) or (4), the Board shall include in the New Brunswick Compliance Registry the entity’s name and the prescribed functions in respect of which that entity is registered.
Registration information
12(1)Any entity that is notified by the Board under subsection 11(3) or (4) of a requirement to register under subsection 121(1) of the Act in respect of one or more prescribed functions shall without delay provide the Board with
(a) the entity’s legal name,
(b) the prescribed functions that it performs,
(c) the entity’s point of contact responsible for sending and receiving all necessary information and communications concerning matters relating to compliance with Part 7 of the Act and this Regulation, and
(d) any other information that the Board requests.
12(2)A registered entity is required to promptly inform the Board in writing of any changes to the information provided under subsection (1) that may affect the registered entities’s responsibilities with respect to compliance with Part 7 of the Act or this Regulation.
Appeal
13(1)An appeal under subsection 121(3) of the Act shall be commenced by an entity by filing the following with the Board:
(a) a written notice of appeal stating the grounds of appeal; and
(b) any supporting documentation.
13(2)The Board may consider an appeal without a hearing if
(a) the appellant indicates that the appellant prefers to have the appeal considered on the basis of the notice of appeal and the supporting documentation filed under subsection (1), and
(b) the Board is satisfied that the appeal can be fairly considered without a hearing.
13(3)If a hearing is to be held, notice of the hearing of the appeal shall, unless otherwise ordered by the Board, be given by advertisement for a period of not less than 20 days, in one or more newspapers as directed by the Board and by any other means that the Board may direct.
13(4)When notice of an appeal has been filed with the Board and notice of the hearing has been given, the Board shall hear the appeal.
13(5)In deciding an appeal under this section, the Board shall
(a) dismiss the appeal, or
(b) allow the appeal in whole or in part.
NEW BRUNSWICK COMPLIANCE MONITORING AND ENFORCEMENT PROGRAM
New Brunswick Compliance Monitoring and Enforcement Program
14The Board is responsible for administering the New Brunswick Compliance Monitoring and Enforcement Program set out in Schedule A, which schedule is attached to and forms part of this Regulation.
Rights and obligations of registered entity
15A registered entity has the rights and obligations of a registered entity set out in the NB CMEP.
Powers of the Board
16(1)The Board may hear, determine or deal with any matter that the NB CMEP states is to be heard, determined or dealt with by the Board.
16(2)If the compliance body has been authorized under paragraph 122(2)(a) of the Act to carry out the Board’s responsibility referred to in paragraph 122(1)(a) of the Act or a part of it, any reference to the Board in this Regulation shall be read as a reference to the compliance body in respect of the responsibility or part of it to which the authorization relates.
16(3)When carrying out any part of the Board’s responsibility referred to in paragraph 122(1)(a) of the Act that it has been authorized under paragraph 122(2)(a) of the Act to carry out, the compliance body shall provide the Board with a copy of any report, notice, recommendation or any other document provided by the compliance body to a registered entity.
FINANCIAL PENALTIES
Financial penalties
17(1)The following definitions apply in this section.
“Violation Risk Factor” means the violation risk factor (lower, medium or high) assigned in an approved reliability standard to a violation of a requirement of the approved reliability standard or determined by the Board to apply in respect of the requirement in the absence of an assignment. (facteur de risque de violation)
“Violation Severity Level” means the degree (lower, moderate, high or severe) to which a person has violated a requirement of an approved reliability standard.(degré de gravité de violation)
17(2)If the Board orders the payment of a financial penalty in accordance with paragraph 122(4)(b) of the Act, the Board shall set the amount of the penalty within the range set out in Column 3 of the table to this subsection that corresponds to the Violation Risk Factor set out in Column 1 and the Violation Severity Level set out in Column 2.
Column 1
Column 2
Column 3
Violation Risk Factor
 
Violation Severity Level
Range (per violation)
Lower
Lower
$1,000 to $3,000
Lower
Moderate
$2,000 to $7,500
Lower
High
$3,000 to $15,000
Lower
Severe
$5,000 to $25,000
Medium
Lower
$2,000 to $30,000
Medium
Moderate
$4,000 to $100,000
Medium
High
$6,000 to $200,000
Medium
Severe
$10,000 to $335,000
High
Lower
$4,000 to $125,000
High
Moderate
$8,000 to $300,000
High
High
$12,000 to $625,000
High
Severe
$20,000 to $1,000,000
17(3)In setting the amount of the financial penalty within the appropriate range determined under subsection (2), the Board shall consider, but is not limited to considering, the following factors:
(a) the existence of repetitive violations and the violator’s compliance history;
(b) the failure of the violator to comply with remedial action directives as defined in the NB CMEP;
(c) self-disclosure and voluntary corrective action by the violator;
(d) the degree and quality of the cooperation by the violator in the violation investigation and in any remedial action directed to be carried out in respect of the violation;
(e) the presence and quality of the violator’s compliance program;
(f) any attempt by the violator to conceal the violation;
(g) whether the violation was intentional, including whether it was committed for economic reasons;
(h) whether the violation was intentional but can be demonstrated to constitute a good faith effort to avoid a significant and greater threat to the immediate reliability of the interconnected bulk power system;
(i) the time available to mitigate the impact of the violation on the reliability of the bulk power system; and
(j) the existence of extenuating circumstances such as natural disasters.
17(4)The Board, having determined the appropriate range under subsection (2), may, despite that subsection, require the payment of a financial penalty that is lower than the lowest amount in the range
(a) if the there was no attempt by the violator to conceal the violation and the incident is a first time violation,
(b) if the violation had an inconsequential impact on the reliability of the interconnected bulk power system, or
(c) if, on the written request of the violator, the Board determines that the lower amount is appropriate given the violator’s financial situation and ability to pay the financial penalty.
17(5)Despite subsection (2), if the Board is imposing both a financial and non-financial penalty for a violation, the Board may take the monetary value of the non-financial penalty into account when setting the amount of the financial penalty, even if this results in the setting by the Board of a financial penalty that is lower than the lowest amount in the appropriate range.
17(6)If multiple violations of an approved reliability standard result from a single act or from the same event, the Board may require the violator to pay a single aggregate financial penalty in relation to the violations.
17(7)Any provision of a settlement agreement that relates to financial penalties may supersede any financial penalties that would otherwise be determined under this section.
MISCELLANEOUS
Certification required
18(1)The following functional entities registered under subsection 121(1) of the Act in respect of the prescribed functions that they perform are required to be certified by the Board in respect of those same functions:
(a) Reliability Coordinator;
(b) Transmission Operator; and
(c) Balancing Authority.
18(2)The Board may develop requirements for the certification of a functional entity referred to in paragraph (1)(a), (b) or (c).
18(3)If a functional entity referred to in paragraph (1)(a), (b) or (c) is certified by NERC, the Board shall consider that certification as sufficient for the purposes of this section.
Transfer agreements
19(1)An agreement referred to in subsection 120(3) of the Act is not effective until the Board makes a positive determination under subsection (3).
19(2)An entity that enters into an agreement with a person under subsection 120(3) of the Act transferring the obligation to comply with any requirements of an approved reliability standard to that person
(a) shall ensure that the agreement is in writing, and
(b) shall without delay provide a copy of the agreement to the Board for a determination under subsection (3).
19(3)The Board shall, without a hearing, make a determination as to whether an agreement submitted to it under subsection (2) complies with
(a) subsection 120(3) of the Act,
(b) this section, and
(c) any applicable reliability standard.
19(4)A designee to whom the obligation to comply with a requirement of an approved reliability standard has been transferred shall comply with the requirement, and has the rights and obligations of a registered entity set out in the NB CMEP with respect to the transferred requirement.
19(5)While an agreement referred to in subsection 120(3) of the Act is in effect, the entity that made the transfer need not comply with the requirement that has been transferred.
19(6)A requirement may not be transferred if the approved reliability standard itself prohibits the transfer.
NERC policies
20Subject to the Act and the regulations, in carrying out or exercising any power, duty, function, responsibility or authority conferred on the Board under Part 7 of the Act or this Regulation, the Board shall, unless it considers it inappropriate in the circumstances, follow the compliance and enforcement policies, guidelines and processes as established from time to time by NERC.
NERC Glossary of Terms
21To the extent that it is not inconsistent with the Act, this Regulation or a decision of the Board, the “Glossary of Terms Used in NERC Reliability Standards” published by NERC, as that document may be amended from time to time, shall be used to assist in interpreting this Regulation and approved reliability standards.
System elements
22(1)The Corporation shall, as soon as practicable after the commencement of this section, file with the Board a list of system elements that fall within the previous definition of bulk power system, and until June 30, 2016, the Corporation shall file with the Board a document setting out any addition to or deletion from the list as soon as practicable after becoming aware that the addition or deletion is required.
22(2)The Corporation shall, as soon as practicable after the commencement of this section, file with the Board a list of system elements that make up the bulk power system as defined in section 2 and shall file with the Board a document setting out any addition to or deletion from that list as soon as practicable after becoming aware that the addition or deletion is required.
TRANSITIONAL
No orders
23Before July 1, 2016, no order shall be made by the Board under subsection 122(4) of the Act in respect of any system element that falls within the definition of “bulk power system” referred to in section 2 but that does not fall within the previous definition of bulk power system.
COMMENCEMENT
Commencement
24This Regulation comes into force on October 1, 2013.
N.B. This Regulation is consolidated to October 1, 2013.