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NEWFOUNDLAND

AND LABRADOR

REGULATION 53/02

Newfoundland

and Labrador

Hydro-Abitibi

Consolidated Inc. Exemption Order, 2002

under the

Electrical Power Control Act, 1994

and the

Public Utilities Act

(O.C. 2002 - 242)

(O.C. 2002 - 243)

(Filed July 9, 2002)

Under the authority of

section 5.2 of the Electrical Power Control Act, 1994

and

section 4.1 of the Public Utilities Act

, the Lieutenant Governor in Council makes the following Order.

Dated at St. John's

, July 9, 2002.

Deborah E. Fry

Clerk of the Executive Council

ORDER

Analysis

Short title

Definition

Exemption

Repeal

Short title

This order may be cited as the Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, 2002

53/02 s1

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Definition

In this order

(a)

"Abitibi" means Abitibi-Consolidated Inc., Abitibi-Consolidated, General Partnership, or Abitibi-Consolidated Company of Canada

, as the context may require;

(b)

"Abitibi partner" includes any partner, co-venturer or ownership participant with Abitibi; and

(c)

"Abitibi threshold" means the Abitibi threshold as defined in the Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002.

53/02 s2

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Exemption

(1) Newfoundland and Labrador Hydro is exempt from the application of the Electrical Power Control Act, 1994

and the Public Utilities Act

for all aspects of its activities pertaining to the purchase, from Abitibi or any partnership, joint venture or unincorporated co-owner entity formed by Abitibi and any Abitibi partner, of electrical power and energy above the Abitibi threshold that is available from Abitibi's generating facilities at Bishop's Falls and Grand Falls following commencement of a 27 megawatt project at Grand Falls and a 4 megawatt upgrading at Bishop's Falls.

(2) The activities referred to in subsection (1) include

(

a) planning and engineering new electrical power and energy generation and supply;

(

b) negotiating and executing all contracts necessary or incidental to any activity described in this exemption; and

(

c) acquiring and paying from its operating account, to be recovered through its rates, all amounts to be paid for the supply of this electrical power and energy under those contracts.

53/02 s3

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Repeal

The Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order

, Newfoundland

and Labrador

Regulation 94/00, is repealed.

53/02 s4

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