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Volume 53, No. 16

B.C. Reg. 254/2010

The British Columbia Gazette,

Part II

August 24, 2010

B.C. Reg. 254/2010 , deposited August 20, 2010, pursuant to the UTILITIES COMMISSION ACT [Sections 22 and 125.1 (4) (b)]. Ministerial Order M230/2010, dated August 20, 2010.

I, Bill Bennett, Minister of Energy, Mines and Petroleum Resources, order that

(

a) Minister's Order M-22-0001, dated October 3, 2000, is repealed, and

(

b) the attached CPC/CBT Projects Exemption Continuation Regulation is made.

— B. BENNETT, Minister of Energy, Mines and Petroleum Resources .

CPC/CBT PROJECTS

EXEMPTION CONTINUATION REGULATION

Contents

Definitions

Exemptions

Definitions

1 In this regulation:

"Act" means the Utilities Commission Act ;

"Arrow Lakes Generating Station" means the electricity generation, transmission, transformation and interconnection facilities near the authority's Hugh Keenleyside Dam, including related works and property, but excludes the authority's storage dam and related works and property;

"Brilliant Project" means the electricity generation, transmission, transformation and interconnection facilities at the Brilliant Dam, including related works and property;

"Brilliant Expansion Project" means the electricity generation, transmission, transformation and interconnection facilities near the Brilliant Project, including related works and property;

"CBT" means Columbia Basin Trust or its successors or assigns;

"Cominco" means Cominco Ltd. or its successors or assigns;

"CPC" means Columbia Power Corporation or its successors or assigns;

"CPC/CBT" means a joint venture, corporation, partnership or other business entity in which CPC, a CPC subsidiary, CBT, or a CBT subsidiary, owns an equity interest;

"CPC/CBT power service" means power service from a CPC/CBT Project or a CPC/CBT contractual entitlement to power service, whether related to a CPC/CBT Project or other CPC/CBT purchases for resale, including the Waneta Upgrade power service;

"CPC/CBT Projects" means the Arrow Lakes Generating Station, the Brilliant Project, the Brilliant Expansion Project and the Waneta Expansion Project, including any upgrades, extensions or modifications that May be made from time to time;

"energy supply contract" means energy supply contract within the meaning of

section 68 of the Act;

"power service" means electrical energy or capacity;

"Waneta Expansion Project" means the electricity generation, transmission, transformation and interconnection facilities to be constructed near the Waneta Dam, including related works and property;

"Waneta Upgrade power service" means the additional energy and capacity from the upgrades to 4 turbines at Cominco's Waneta Dam, for which Cominco has received approval under the Environmental Assessment Act .

Exemptions

2 The following exemptions are made:

(

a) CPC/CBT is exempt from

Part 3 and

section 71 of the Act in respect of the sale, purchase or production of CPC/CBT power service;

(

b) CPC/CBT is exempt from

Part 3 and

section 71 of the Act in respect of the CPC/CBT Projects;

(

c) persons, other than CPC/CBT and any other person having a financial interest in the Waneta Expansion Project, are exempt from

section 71 of the Act in respect of energy supply contracts for the purchase of CPC/CBT power service;

(

d) Cominco is exempt from

section 71 of the Act in respect of energy supply contracts with CPC/CBT for the production and sale of Waneta Upgrade power service.

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