Acts and Regulations

2013, c.7 - Electricity Act

Section 113
Disposition versions

Full text
Application for approval of transmission tariff, changes to transmission tariff or transmission revenue requirements
113(1)Within one year after the commencement of this section, the Corporation shall make an application to the Board for approval of
(a) a transmission tariff, and
(b) the Corporation’s transmission revenue requirements.
113(2) The Corporation may at any time apply to the Board for approval of changes to the provisions of the approved transmission tariff.
113(3)Following the decision of the Board with respect to the application under subsection (1), the Corporation shall, at least once every three years, make an application to the Board for approval of its transmission revenue requirements.
113(4)A transmitter, other than the Corporation, may make an application to the Board for approval of its transmission revenue requirements.
113(5)The Board shall, on receipt of any application under this section, proceed under section 127.
113(6)When an application is made under this section by a transmitter for approval of its transmission revenue requirements, no other transmitter is required to attend the hearing under section 127, but any other transmitter may provide a notice to the Board that it intends to attend the hearing for the purpose of defending its transmission revenue requirements.
113(7)A transmitter who provides a notice under subsection (6) shall be deemed to be a party to the proceedings before the Board.
113(8)When an application is made under subsection (2), no transmitter shall be required to apply for approval of its transmission revenue requirements unless the Board determines that the changes to the provisions of the approved transmission tariff that are applied for are likely to have a material impact on the transmission revenue requirements of the transmitter.
113(9)At the time the Corporation files an application made under subsection (2) with the Board, the Corporation shall provide notice of the application to the other transmitters.
113(10)For the purposes of the approval or fixing of the Corporation’s transmission revenue requirements, the Board shall permit a return on equity within a range prescribed by regulation.
113(11)The capital structure prescribed by regulation shall be used by the Board for the purposes of the approval or fixing of the Corporation’s transmission revenue requirements.
113(12)In the case of an application under subsection (1), the Board shall, at the conclusion of the hearing, comply with subsection (14) and do the following:
(a) approve the transmission tariff, if it is satisfied that the transmission tariff is just and reasonable, or if not so satisfied fix any other transmission tariff that it finds to be just and reasonable; and
(b) set the time at which the transmission tariff or any provision of it is to take effect.
113(13)In the case of an application under subsection (2), the Board, at the conclusion of the hearing, shall
(a) approve the changes that it is satisfied are just and reasonable,
(b) make any other changes to the approved transmission tariff that it finds to be just and reasonable, and
(c) set the time at which any change in the approved transmission tariff is to take effect.
113(14)In the case of an application under this section in which a transmitter applies for approval of its transmission revenue requirements, the Board shall, at the conclusion of the hearing, approve or fix just and reasonable rates pertaining to the provision of transmission service and ancillary services and set the time at which any change in the approved transmission tariff is to take effect, and the Board shall base its decision on the following:
(a) if only one transmitter is a party to the proceedings before the Board,
(i) that transmitter’s transmission revenue requirements as approved or fixed by the Board, and
(ii) the other transmitters’ transmission revenue requirements that were last approved or fixed by the Board; and
(b) if more than one transmitter is a party to the proceedings before the Board, all those transmitters’ transmission revenue requirements as approved or fixed by the Board.
113(15)Subject to subsection (16), in making any order or decision in respect of an application under this section, the Board shall take into consideration
(a) the policy set out in section 68,
(b) the most recent integrated resource plan approved or deemed to be approved by the Executive Council under section 100,
(c) the most recent strategic, financial and capital investment plan filed with the Board under section 101,
(d) any requirements imposed by law on the Corporation that may be relevant to the application, including, without limitation, requirements regarding demand-side management and energy efficiency plans and renewable energy requirements,
(e) any directive issued by the Executive Council under section 69 that may be relevant to the application,
(f) any policy established by a regulation made under paragraph 142(1)(f) that may be relevant to the application, and
(g) any other factors that the Board considers relevant.
113(16)Paragraphs (15)(b) and (c) do not apply to the Board in making an order or decision in respect of an application under subsection (1).
Application for approval of transmission tariff, changes to transmission tariff or transmission revenue requirements
113(1)Within one year after the commencement of this section, the Corporation shall make an application to the Board for approval of
(a) a transmission tariff, and
(b) the Corporation’s transmission revenue requirements.
113(2) The Corporation may at any time apply to the Board for approval of changes to the provisions of the approved transmission tariff.
113(3)Following the decision of the Board with respect to the application under subsection (1), the Corporation shall, at least once every three years, make an application to the Board for approval of its transmission revenue requirements.
113(4)A transmitter, other than the Corporation, may make an application to the Board for approval of its transmission revenue requirements.
113(5)The Board shall, on receipt of any application under this section, proceed under section 127.
113(6)When an application is made under this section by a transmitter for approval of its transmission revenue requirements, no other transmitter is required to attend the hearing under section 127, but any other transmitter may provide a notice to the Board that it intends to attend the hearing for the purpose of defending its transmission revenue requirements.
113(7)A transmitter who provides a notice under subsection (6) shall be deemed to be a party to the proceedings before the Board.
113(8)When an application is made under subsection (2), no transmitter shall be required to apply for approval of its transmission revenue requirements unless the Board determines that the changes to the provisions of the approved transmission tariff that are applied for are likely to have a material impact on the transmission revenue requirements of the transmitter.
113(9)At the time the Corporation files an application made under subsection (2) with the Board, the Corporation shall provide notice of the application to the other transmitters.
113(10)For the purposes of the approval or fixing of the Corporation’s transmission revenue requirements, the Board shall permit a return on equity within a range prescribed by regulation.
113(11)The capital structure prescribed by regulation shall be used by the Board for the purposes of the approval or fixing of the Corporation’s transmission revenue requirements.
113(12)In the case of an application under subsection (1), the Board shall, at the conclusion of the hearing, comply with subsection (14) and do the following:
(a) approve the transmission tariff, if it is satisfied that the transmission tariff is just and reasonable, or if not so satisfied fix any other transmission tariff that it finds to be just and reasonable; and
(b) set the time at which the transmission tariff or any provision of it is to take effect.
113(13)In the case of an application under subsection (2), the Board, at the conclusion of the hearing, shall
(a) approve the changes that it is satisfied are just and reasonable,
(b) make any other changes to the approved transmission tariff that it finds to be just and reasonable, and
(c) set the time at which any change in the approved transmission tariff is to take effect.
113(14)In the case of an application under this section in which a transmitter applies for approval of its transmission revenue requirements, the Board shall, at the conclusion of the hearing, approve or fix just and reasonable rates pertaining to the provision of transmission service and ancillary services and set the time at which any change in the approved transmission tariff is to take effect, and the Board shall base its decision on the following:
(a) if only one transmitter is a party to the proceedings before the Board,
(i) that transmitter’s transmission revenue requirements as approved or fixed by the Board, and
(ii) the other transmitters’ transmission revenue requirements that were last approved or fixed by the Board; and
(b) if more than one transmitter is a party to the proceedings before the Board, all those transmitters’ transmission revenue requirements as approved or fixed by the Board.
113(15)Subject to subsection (16), in making any order or decision in respect of an application under this section, the Board shall take into consideration
(a) the policy set out in section 68,
(b) the most recent integrated resource plan approved or deemed to be approved by the Executive Council under section 100,
(c) the most recent strategic, financial and capital investment plan filed with the Board under section 101,
(d) any requirements imposed by law on the Corporation that may be relevant to the application, including, without limitation, requirements regarding demand-side management and energy efficiency plans and renewable energy requirements,
(e) any directive issued by the Executive Council under section 69 that may be relevant to the application,
(f) any policy established by a regulation made under paragraph 142(1)(f) that may be relevant to the application, and
(g) any other factors that the Board considers relevant.
113(16)Paragraphs (15)(b) and (c) do not apply to the Board in making an order or decision in respect of an application under subsection (1).