Alberta Regulation 169/2004

Police Act

SPECIAL CONSTABLE EQUIPMENT AMENDMENT REGULATION

Filed: August 4, 2004

Made by the Solicitor General (M.O. 8/04) on July 20, 2004 pursuant to

section 62 of

the Police Act.

1 The Special Constable Equipment Regulation

(AR 322/90) is amended by this Regulation.

Section 5.1 is renumbered as

section 5.1(1) and the

following is added after subsection (1):

(2) This

section does not apply to an application under

section 3 or 4

to authorize a special constable to possess Oleoresin Capsicum

(OC/pepper) Spray while carrying out the duties of the special

constable.

--------------------------------

Alberta Regulation 170/2004

School Act

CLOSURE OF SCHOOLS AMENDMENT REGULATION

Filed: August 5, 2004

Made by the Minister of Learning (M.O. 032/2004) on July 26, 2004 pursuant to

section 58 of the School Act.

1 The Closure of Schools Regulation (AR 238/97) is

amended by this Regulation.

Section 1.1 is amended

(

a) by renumbering it as

section 1.1(1);

(

b) in subsection (1)

(

i) in clause (

a) by adding "or to the operator of a

charter school" after "another board";

(ii) by striking out "or" at the end of clause (a), by

adding "or" at the end of clause (

b) and by

adding the following after clause (b):

(

c) pursuant to

section 2(

b) if

(

i) the school has more than one education

program,

(ii) the students in the grades being closed are all

in the same education program, and

(iii) the education program referred to in

subclause (ii) is to be transferred to another

school.

(

c) by adding the following after subsection (1):

(2) Where a board plans to transfer an education program

pursuant to subsection (1)(c)(iii), the board shall organize and

convene an information meeting for the purpose of informing

the parents of the students affected by the transfer of the

transfer and the alternative arrangements for continuing the

education program at another school.

Section 1.2 is amended by renumbering it as

section

1.2(1) and by adding the following after subsection (1):

(2) The Minister may, on the written request of a board, exempt

the board from the requirements of sections 4 to 7 in respect of a

closure if the Minister is satisfied that the board has consulted with

the community regarding any change in grades and programs in

one or more of the schools operated by the board.

Section 4 is amended

(

a) in subsection (1)(

a) by striking out "through a notice

of" and substituting "by way of a";

(

b) in subsection (2) by adding the following after

clause (b):

(b.1) information on the board's long-range capital plan;

Alberta Regulation 171/2004

Municipal Government Act

ELECTRIC ENERGY GENERATION EXEMPTION REGULATION

Filed: August 12, 2004

Made by the Lieutenant Governor in Council (O.C. 347/2004) on August 11, 2004

pursuant to

section 603 of the Municipal Government Act.

1 Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the

Minister may in respect of a taxation year, to any extent the Minister

considers appropriate, exempt electric power systems intended for or

used in the generation of electricity from taxation for the purpose of

raising revenue needed to pay the requisitions referred to in

section

326(a)(ii) and (iii) of the Act.

2 The Electric Energy Generation Exemption Regulation

(AR 232/2002) is repealed.

3 This Regulation is repealed in accordance with

section 603(2) of

the Act.

4 This Regulation comes into force on January 1, 2005.

--------------------------------

Alberta Regulation 172/2004

Municipal Government Act

EXTENSION OF LINEAR PROPERTY REGULATION

Filed: August 12, 2004

Made by the Lieutenant Governor in Council (O.C. 348/2004) on August 11, 2004

pursuant to

section 603 of the Municipal Government Act.

1 Notwithstanding

section 284(1)(k)(

i) of the Act, linear property is

to be construed as including an electric power system intended for or

used in the generation of electricity owned or operated by a person

whose rates are not controlled or set by the Public Utilities Board or by

a municipality or under the Small Power Research and Development

Act but not including, unless the Minister otherwise directs, an electric

power system that is owned or operated by a person generating or

proposing to generate electricity solely for the person's own use.

2 The Extension of Linear Property Regulation (AR 233/2002) is

repealed.

3 This Regulation is repealed in accordance with

section 603(2) of

the Act.

4 This Regulation comes into force on January 1, 2005.

--------------------------------

Alberta Regulation 173/2004

Election Act

FEES AND EXPENSES REGULATION

Filed: August 12, 2004

Made by the Lieutenant Governor in Council (O.C. 357/2004) on August 11, 2004

pursuant to

section 207 of the Election Act.

Table of Contents

1 Returning officer fees

2 Enumerator fees

3 Election clerk fees

4 Administrative assistant fees

5 Supervisory deputy returning officer fees

6 Registration officer fees

7 Deputy returning officer fees

8 Poll clerk fees

9 Data entry operator fees

10 Additional fees

11 Prorated fees

12 Repeal

Returning officer fees

1 A returning officer may be paid the following:

(

a) a monthly honorarium of $115;

(

b) a fee of $1465 for each year in which the register of electors

is updated through an enumeration plus $0.15 per name

included in the register of electors;

(

c) a fee of $185 per day for each day of attendance at a sitting to

revise the register of electors prepared following an

enumeration;

(

d) a fee of $170 per day for each day of attendance at training

sessions called by the Chief Electoral Officer;

(

e) a fee of $370 for training staff to conduct an enumeration;

(

f) a fee of $1525 if a writ of election is issued but no poll is

held;

(

g) a fee of $4515 if a writ of election is issued and a poll is held,

including training of election staff and the conduct of the

official count;

(

h) a fee of $0.15 per name included in the list of electors on

polling day;

(

i) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act;

(

j) a supplemental fee of $20 for every 100 km, or portion

thereof, travelled in excess of the first 100 km of travel

during an enumeration or an election;

(

k) if a returning officer

(

i) elects to use the returning officer's personal residence

as an office, a maximum rental of $450 per month with

a rental period not exceeding 2 months, unless

otherwise approved by the Chief Electoral Officer, or

(ii) elects to use commercial space as an office, the most

economical rate available with a rental period not

exceeding 2 months, unless otherwise approved by the

Chief Electoral Officer;

(

l) a fee of $675 for revisions to the electoral division map

showing subdivision boundaries and to the register of

electors when directed by the Chief Electoral Officer;

(

m) an additional fee of $675 for the review of the electoral

division map and register of electors performed after an

Electoral Boundaries Commission Report.

Enumerator fees

2 An enumerator may be paid the following:

(

a) a basic fee of $115;

(

b) a fee of $0.56 per name included in the register of electors

for a specific polling subdivision;

(

c) a fee of $50 for attending a class of instruction;

(

d) a fee of $30 for verifying the accuracy of the revised register

of electors;

(

e) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act;

(

f) a supplemental fee of $10 for every 100 km, or portion

thereof, travelled in excess of the first 100 km of travel

during an enumeration.

Election clerk fees

3 An election clerk may be paid the following:

(

a) a fee of $1130, where a writ of election is issued and no poll

is held;

(

b) a fee of $2990 if a writ of election is issued and a poll is held,

including training of election staff and the conduct of the

official count;

(

c) a fee of $0.13 per name included in the list of electors on

polling day;

(

d) a fee of $170 for attending a class of instruction;

(

e) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act;

(

f) a supplemental fee of $15 for every 100 km, or portion

thereof, travelled in excess of the first 100 km of travel

during an election.

Administrative assistant fees

4 An administrative assistant may be paid the following:

(

a) a fee of $2500 for duties performed on a full-time basis in the

returning officer's office where a writ of election is issued

and a poll is held, including the post-election update of the

register of electors;

(

b) a fee to be prorated at a daily rate, as approved by the Chief

Electoral Officer, for duties performed on a part-time basis in

the returning officer's office;

(

c) a fee to be prorated at a daily rate, as approved by the Chief

Electoral Officer, if a writ of election is issued but no poll is

held;

(

d) a fee of $140 for attending a class of instruction;

(

e) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Supervisory deputy returning officer fees

5 A supervisory deputy returning officer may be paid the following:

(

a) a basic fee of $225 for duties performed on polling day or on

each advance polling day;

(

b) a fee of $50 for attending a class of instruction;

(

c) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Registration officer fees

6 A registration officer may be paid the following:

(

a) a basic fee of $205 for duties performed on polling day or on

each advance polling day;

(

b) a fee of $50 for attending a class of instruction;

(

c) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Deputy returning officer fees

7 A deputy returning officer may be paid the following:

(

a) a basic fee of $185 for duties performed on polling day;

(

b) a fee of $555 to conduct an advance poll;

(

c) a fee of $50 for attending a class of instruction;

(

d) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Poll clerk fees

8 A poll clerk may be paid the following:

(

a) a fee of $150 for duties performed on polling day;

(

b) a fee of $450 for advance poll duties;

(

c) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Data entry operator fees

9 A data entry operator may be paid the following:

(

a) a fee of $17 for every complete poll entered;

(

b) a fee of $0.14 per name included in the list of electors for

specific polling subdivisions;

(

c) a fee of $30 for a self-training session;

(

d) when required to travel on official business, the rates

prescribed in the Public Service Subsistence, Travel and

Moving Expenses Regulation made under the Public Service

Act.

Additional fees

10(1) The following fees and expenses may be paid:

(

a) a maximum of $150 per day for the rental of a building

where one poll is held and $75 per day for each additional

poll held in the same building or part of the building to a

maximum polling place rental of $750 per day, including

utilities, janitorial services and the supply of all necessary

furniture;

(

b) telephone installation, service and toll charges at prevailing

rates, on submission of the invoices or receipts for the

installation, service and toll charges;

(

c) support staff, including, but not limited to, messengers,

special constables and interpreters, at a rate approved by the

Chief Electoral Officer;

(

d) printing costs for lists of electors, proclamations, ballots,

forms and any other printing or photocopying required by a

returning officer, at the most economical commercial rate

available;

(

e) publication costs for

(

i) proclamations,

(ii) maps of electoral divisions showing boundaries of

polling subdivisions,

(iii) list of names and addresses of candidates' agents, and

(iv) any other matter required to be published under the Act,

at the current rate of the newspaper in which publication

actually occurs;

(

f) costs for the collection and the data entry of address based

information at a rate approved by the Chief Electoral Officer.

(2) The maximum polling place rental referred to in subsection (1)(

a) may be adjusted only in extraordinary circumstances with written

approval of the Chief Electoral Officer.

(3) If, in the opinion of the Chief Electoral Officer, an emergency

exists, or a circumstance for which no adequate provision of fees

exists, the Chief Electoral Officer may fix the appropriate fee for the

situation.

Prorated fees

11 The fees under this Regulation may be prorated at the discretion

of the Chief Electoral Officer for an enumeration of only part of an

electoral division.

Repeal

12 The Fees and Expenses Regulation (AR 19/2000) is repealed.

--------------------------------

Alberta Regulation 174/2004

Electric Utilities Act

TRANSMISSION REGULATION

Filed: August 12, 2004

Made by the Lieutenant Governor in Council (O.C. 361/2004) on August 11, 2004

pursuant to

section 142 of the Electric Utilities Act.

Table of Contents

Interpretation

Part 1

Transmission System Planning

2 Transmission planning - forecasting need

3 Long-term planning - 20-year plan

4 Long-term planning - 10-year plan

5 Needs identification document

6 Delegation of responsibility

7 Assistance in planning, forecasting and needs identification

Part 2

Transmission System Criteria

and Reliability Standards

8 Matters taken into account

9 Managing transmission constraints

10 Reliability management agreements

11 Reliability standards compliance reports

Part 3

Transmission Facility Projects

12 General rules for constructing transmission facilities

13 Transmission facility project cost recovery

14 Competitive tenders by TFOs

15 Transmission projects providing interconnection

capacity with other jurisdictions

Part 4

Local Interconnection and Transmission

Contribution Costs

16 Local interconnection costs

17 Generating unit owner's contribution

18 Application of sections 16 and 17 limited

Part 5

Transmission System Losses

and Credits

19 Transmission system loss factors

20 Loss factors to be publicly available

21 Adjustment of loss factors

22 Recovery of transmission losses

23 Recovery of must-run costs

Part 6

Board Responsibilities

24 Applications to the Board under

section 34(1) of Act

25 Recovery of pre-construction costs

26 Recovery of assistance costs

27 Additional criteria for the Board

28 Decisions under

section 34(1) of Act

29 Decisions under Hydro and Electric Energy Act

30 ISO tariff - transmission system considerations

31 Tariff applications and approvals

Part 7

Paramountcy and Repeal

32 Paramountcy

33 Repeal

Interpretation

1(1) In this Regulation,

(a) "abnormal operating conditions" includes conditions where

transmission facilities are out of service, emergency

conditions exist, construction or commissioning of

transmission facilities occur or situations when transmission

facility maintenance cannot be coordinated with generation

outages;

(b) "Act" means the Electric Utilities Act;

(c) "ISO" means the Independent System Operator as defined in

the Act;

(d) "path rating" means the rating assigned to the transmission

facility when it was placed in service and rated in accordance

with reliability standards;

(e) "reliability standards" means the reliability standards

agreements, criteria and directives of the Western Electric

Coordinating Council and the North American Reliability

Council, or their successor organizations, and reliability

standards, agreements, criteria or directives of any similar

entity recognized by the ISO;

(f) "TFO" means the owner of a transmission facility;

(g) "transmission system plans" means transmission system

plans under

section 4.

(2) In this Regulation, the following words and phrases have the

meaning given to them by the Act:

(

a) Board;

(

b) customer;

(

c) dispatch;

(

d) electric distribution system;

(

e) electric energy;

(

f) electricity;

(

g) generating unit;

(

h) industrial system;

(

i) interconnected electric system;

(

j) ISO tariff;

(

k) market;

(

l) market participant;

(

m) owner;

(

n) person;

(

o) pool price;

(

p) rates;

(

q) tariff;

(

s) transmission facility;

(

t) transmission system.

Part 1

Transmission System Planning

Transmission planning - forecasting need

2 In forecasting the needs of market participants under

section 33 of

the Act, the ISO must

(

a) anticipate future demand for electricity, generation capacity

and appropriate reserves required to meet the forecast load so

that transmission facilities can be planned and are available

in a timely manner to accommodate the forecast load and

new generation capacity;

(

b) make assumptions about future load growth, the timing and

location of future generation additions and other related

assumptions to support transmission system planning;

(

c) make an assessment of the transmission facilities required to

provide for the efficient and reliable access to jurisdictions

outside Alberta.

Long-term planning - 20-year plan

3 As part of its duties under

section 17 of the Act, the ISO must

(

a) no later than July 1, 2005, prepare and maintain a long-term

transmission system outlook document that projects, for at

least the next 20 years,

(

i) the forecast load on the interconnected electric system,

including exports,

(ii) the anticipated generation capacity, including

appropriate reserves and imports required to meet the

forecast load,

(iii) the timing and location of future generation additions,

(iv) the transmission facilities required to meet the forecast

load, imports, exports and anticipated generation

capacity, including appropriate reserves, in a timely and

efficient way,

(

v) the transmission facilities required to provide for the

efficient and reliable access to jurisdiction outside

Alberta, and

(vi) other matters related to the items described in

subclauses (

i) to (

v) that the ISO considers appropriate;

(

b) update the long-term transmission system outlook document

periodically as required, but at least every 4 years;

(

c) make the long-term transmission system outlook document,

and the updates made to it, publicly available and file copies

of them with the Board for information.

Long-term planning - 10-year plan

4(1) As part of its duties under

section 17 of the Act, the ISO must

(

a) no later than December 31, 2004, prepare and maintain a

transmission system plan in greater detail than the long-term

transmission system outlook document that projects, for at

least the next 10 years,

(

i) the forecast load on the interconnected electric system,

including exports,

(ii) the anticipated generation capacity, including

appropriate reserves and imports required to meet the

forecast load,

(iii) the timing and location of future generation additions,

(iv) the transmission facilities required to meet the forecast

load, imports, exports and anticipated generation

capacity, including appropriate reserves, in a timely and

efficient way,

(

v) the transmission facilities required to provide for the

efficient and reliable access to jurisdiction outside

Alberta, and

(vi) other matters related to the items described in

subclauses (

i) to (

v) that the ISO considers appropriate;

(

b) update the transmission system plan periodically as required,

but at least every 2 years;

(

c) make the transmission system plan, including the

assumptions and supporting data on which the plan is based,

and the updates made to the plan, publicly available;

(

d) file copies of the transmission system plan, assumptions, data

and updates with the Board for information.

(2) The transmission system plan must

(

a) identify the transmission facility projects the ISO proposes to

initiate by a needs identification document within 5 years of

the date of the plan and within 5 years of each update of the

plan, and

(

b) for each transmission facility project identified, provide an

anticipated implementation

schedule for the project.

Needs identification document

5(1) When the ISO prepares a needs identification document under

section 34(1) of the Act, the ISO may

(

a) rely on the forecasts referred to in the long-term transmission

system outlook document and transmission system plans, and

(

b) indicate how the needs identification document relates to the

long-term transmission system outlook document and

transmission system plans.

(2) In addition to the requirements for a needs identification document

described in

section 34(1) of the Act, the document must describe the

timing and nature of the need, constraint or condition affecting or that

will affect the operation, efficiency and reliability of the transmission

system, including

(

a) an assessment of current transmission system capability;

(

b) the planning criteria used for the assessment of transmission

system capability;

(

c) a 10-year forecast of the load on the interconnected electric

system;

(

d) a 10-year forecast of generation capacity and appropriate

reserves required to meet the forecast load;

(

e) the studies and analysis performed in identifying the timing

and nature of the need affecting or that will affect the

identified constraint or condition;

(

f) the options considered for alleviating the constraint or

condition;

(

g) the technical and economic comparison of the options

considered, including

(

i) the impact on generation must-run requirements

described in

section 30(2)(a)(ii) of the Act;

(ii) how the options relate to the transmission system plans

and the long-term transmission system outlook

document;

(iii) the evaluation of operational efficiency and reliability

and the improvements provided by each option;

(iv) an evaluation of each option with respect to reliability

standards and the planning criteria used for the

assessment of transmission system capability;

(

v) the proposed transmission substation and line

configurations for each option considered;

(vi) the evaluation of factors respecting implementation of

each option, including the timing and risks during

construction;

(vii) environmental and other considerations;

(

h) the ISO's recommendation of a preferred option, including

(

i) the rationale for selecting the option, and

(ii) the implementation

schedule for the option;

(

i) if appropriate,

(

i) describing any operations preparatory to construction of

a transmission facility, including engineering, purchase

of materials, purchase of land or options to purchase

land for future use or acquire a right or interest in land

for future use as a right of way, as may be necessary,

and

(ii) describing the rationale, including the assumptions and

supporting data on which the rationale is based,

supporting the nature of the preparatory operations and

estimating the cost of the operations referred to in

subclause (i).

(3) If the ISO's preferred option under subsection (2)(

h) is to construct

a transmission facility at a future date, the ISO must

(

a) be reasonably certain that, in the future, a transmission

facility is needed, and for the purpose of determining the

certainty of the need, the ISO may specify milestones,

including

(

i) load growth,

(ii) generation addition,

(iii) commitments by the prospective owners of generating

units to construct a unit,

(iv) the receipt of payment of local interconnection costs

under

Part 4,

(

v) the issue of permits or approvals, or meeting other legal

requirements, for the construction of a generating unit,

and

(vi) any other indicators prescribed by the ISO determining

the certainty of the need for the construction of a

transmission facility,

and

(

b) identify the process by which the ISO will monitor and

determine whether the milestones identified under clause (

a) are met.

(4) When the milestones described in accordance with subsection

(3) are met, in full or in part, the ISO may make a direction to a TFO

under

section 35(1)(

a) of the Act.

(5) Despite

section 34(1) of the Act, a needs identification document

is not required for

(

a) maintenance upgrades or enhancements to a transmission

facility proposed by a TFO if the upgrades or enhancements

improve the efficiency or operability of the transmission

facility but do not materially affect transmission facility

capacity, or

(

b) a system access service request for customer load and

generator interconnections, if the ISO complies with Board

directives with respect to those requests.

Delegation of responsibility

6 Under

section 9(2) of the Act, the ISO may, by agreement with a

TFO, delegate the preparation of

(

a) transmission system plans, or any aspect of them, or

(

b) needs identification documents, or any aspect of them,

to one or more TFOs, subject to any conditions that the ISO considers

appropriate, but the ISO is responsible for reviewing and approving

any plans or documents prepared under the delegation.

Assistance in planning, forecasting and needs identification

7(1) As part of the duties of a TFO under

section 39 of the Act, the

TFO must assist the ISO in the preparation of forecasts, the long-term

transmission system outlook documents, transmission system plans,

needs identification documents, and updates to them, as directed by the

ISO.

(2) In addition to the duties of an owner of an electric distribution

system under the Act, the owner must assist the ISO in the preparation

of forecasts, the long-term transmission system outlook documents,

transmission system plans, evaluation of the relative merits of

transmission and distribution options, and in the preparation of a needs

identification document, and updates to them, as directed by the ISO.

(3) In providing assistance to the ISO, the TFO and owner of an

electric distribution system must respect the confidentiality of

information of market participants, as directed by the ISO.

Part 2

Transmission System Criteria

and Reliability Standards

Matters taken into account

8(1) In making rules under

section 20 of the Act, and in exercising its

duties under

section 17 of the Act, the ISO must

(

a) plan a transmission system that satisfies reliability standards,

unless the ISO decides that to do so would not provide for a

safe, reliable or efficient transmission system;

(

b) ensure that transmission facilities adhere to reliability

standards;

(

c) monitor and ensure overall reliability of the interconnected

electric system;

(

d) comply with directives of the Board;

(

e) taking into consideration the characteristics and expected

availability of generating units, plan a transmission system

that

(

i) is sufficiently robust to allow for transmission of 100%

of anticipated in-merit electric energy referred to in

section 17(

c) of the Act when all transmission facilities

are in service, and

(ii) is adequate to allow for transmission, on an annual

basis, of at least 95% of all anticipated in-merit electric

energy referred to in

section 17(

c) of the Act when

operating under abnormal operating conditions;

(

f) make arrangements for the expansion or enhancement of the

transmission system so that, under normal operating

conditions, all anticipated in-merit electric energy referred to

in clause (e)(

i) and (ii) can be dispatched without constraint;

(

g) make arrangements for the expansion or enhancement of the

transmission system so that, under normal operating

conditions, the transmission system interconnections with

jurisdictions outside Alberta can import and export electricity

on a continuous basis, at or near the transmission facility's

path rating;

(

h) make rules respecting the preparation of needs identification

documents for, and the planning and processing of,

enhancements or upgrades to transmission facilities that

provide transmission capacity to import or export electricity

to or from Alberta in excess of the existing transmission

facilities' path rating.

(2) A decision by the ISO under subsection (1)(

a) that a reliability

standard would not be safe, reliable or efficient must be filed by the

ISO with the Board for approval.

(3) In planning and arranging for enhancements or upgrades to the

transmission system, the ISO may make or provide for specific and

limited exceptions to the matters described in subsection (1)(e), (

f) and

(g), or any of them, and if it does so, must

(

a) file the exceptions with the Board for approval, and

(

b) specify the period of time the exception applies.

(4) In considering the design and planning of the transmission system,

the ISO may consider specific and limited exceptions to the

requirements of subsection (1) and propose a non-wires solution

(

a) in areas where there is limited potential for growth of load,

and the cost of the non-wires solution is materially less than

the life-cycle cost of the transmission wires solution,

compared over an equivalent study period, or

(

b) if the non-wires solution is required to ensure reliable service

due to the shorter lead time of the non-wires solution, for a

specified limited period of time.

(5) The ISO must make rules respecting the operation of a generating

unit necessary to alleviate a transmission system constraint and include

in the ISO tariff the recovery of those costs.

Managing transmission constraints

9(1) The ISO must make rules and adopt practices respecting the

operation of the transmission system and the management of

transmission constraints that may occur from time to time.

(2) If, in managing transmission constraints, there is a dispatch to a

generating unit(

s) that is out-of merit, the unit(

s) must not set the pool

price.

(3) In circumstances described under subsection (2), the pool price

will be determined using the last in-merit generator actually

dispatched.

Reliability management agreements

10(1) After this Regulation comes into force, the ISO must not enter

into an arrangement or agreement under

section 9(5) of the Act

respecting reliability standards, or amend or change those

arrangements or agreements, without the approval of the Board.

(2) Arrangements and agreements entered into under

section 9(5) of

the Act must be made available to the public except when the ISO

considers it not to be in the public interest to do so, in which case an

explanation for the non-disclosure must be given.

(3) In addition to the duties it has under

section 17 of the Act, the ISO

must

(

a) monitor the results of reliability standards and make the

results publicly available, and

(

b) file a copy of the monitoring results with the Board for

information.

(4) The ISO must participate in the development of new or

modifications to reliability standards.

Reliability standards compliance reports

11(1) The ISO must make periodic reports to the Board respecting

compliance by the ISO and TFOs with reliability standards.

(2) The TFOs must assist the ISO in preparing reports under

subsection (1).

Part 3

Transmission Facility Projects

General rules for constructing transmission facilities

12(1) Subject to subsections (2) and (3), when making rules under

section 20 of the Act, and in exercising its duties under

section 17 of

the Act, the ISO must

(

a) determine, on the basis of geographic areas under sections 28

and 29 of the Hydro and Electric Energy Act, who is eligible

to apply for the construction or operation, or both, of

transmission facilities in those areas after the coming into

force of this Regulation, based on which TFO is operating in

those areas;

(

b) with respect to a transmission facility that exists on the date

this Regulation comes into force, provide that the owner of

that transmission facility, or any successor of the TFO,

continues to be responsible for enhancements and upgrades

of the transmission facility.

(2) The ISO may grant or provide for exceptions to subsection (1),

including authorizing alternative arrangements or agreements between

TFOs, if those arrangements or agreements result in safe, reliable and

efficient operation of the transmission system, and those arrangements

or agreements are filed with the Board for information.

(3) Subsection (1) does not apply in respect of a transmission facility

to which

section 15 applies.

Transmission facility project cost recovery

13(1) The ISO must make rules respecting the preparation of

transmission facility project cost estimates to ensure consistent

information requirements, cost reporting and cost estimates by TFOs.

(2) Despite

section 126 of the Act, within a reasonable period after

rules are made under subsection (1), a TFO must apply to the Board to

make its tariff consistent with those rules.

Competitive tenders by TFOs

14 In making rules under

section 20 of the Act, and in exercising its

duties under

section 17 of the Act, the ISO must

(

a) provide for the competitive tender by a TFO, who is the

applicant for construction of a transmission facility referred

to in

section 12(1), with respect to the construction costs of

the transmission facility, including materials and equipment,

unless the ISO gives or provides for a specific exemption;

(

b) define or describe the construction costs to which clause (

a) refers.

Transmission projects providing interconnection

capacity with other jurisdictions

15(1) This

section applies to

(

a) an interconnected transmission facility proposed to be

constructed and to interconnect with a jurisdiction outside

Alberta;

(

b) an enhancement or upgrade to a transmission facility that

proposes or would result in an increase to the facility's path

rating.

(2) When the ISO prepares a needs identification document under

section 34(1) of the Act for a transmission facility described in

subsection (1), the needs identification document must

(

a) contain the information required by

section 5(2), unless the

ISO determines that any of those requirements are not

required,

(

b) describe the extent to which the ISO will make use of the

proposed facility to provide system access service,

(

c) contain proposed agreements, arrangements, rates and terms

and conditions for the ISO's use of the facility, and

(

d) contain any other information that the ISO considers

necessary in view of the nature of the proposed transmission

facility.

(3) A person proposing a transmission facility to which this

section

applies must assist the ISO in preparing the needs identification

document.

(4) The cost of planning, designing, constructing, operating and

interconnecting a transmission facility to which this

section applies

must be paid by

(

a) the person proposing the facility, and

(

b) other persons to the extent that they directly benefit from the

transmission facility, based on the use described in the needs

identification document approved by the Board, and then

only to the extent permitted by the ISO tariff.

(5) A person proposing a transmission facility to which this

section

applies, in accordance with the ISO rules, must

(

a) provide open access to market participants by auction or

respecting open access with the Board for information, and

(

b) be available in an open and non-discriminatory manner,

similar to the access available to other transmission facilities.

(6) The ISO must include in the ISO tariff, rates and terms and

conditions that include costs for use of the interconnected electric

system, appropriate for the class of service provided to persons who

use the facilities referred to in this

section for import or export of

electricity to or from Alberta.

Part 4

Local Interconnection and

Transmission Contribution Costs

Local interconnection costs

16(1) The ISO must include in the ISO tariff

(

a) local interconnection costs, as defined by the ISO, payable by

an owner of a generating unit for connecting to the

transmission system;

recovery of local interconnection costs from owners of

generating units.

(2) The ISO must make reasonable efforts to ensure that the

interconnection of a generating unit to the transmission system is

undertaken in a timely manner.

(3) The owner of a generating unit that interconnects with the

transmission system, and who has paid local interconnection costs,

may not prohibit interconnection or access to the interconnection

facilities by other market participants.

(4) If another person makes use of the facilities for which a local

interconnection cost has been paid,

(

a) the cost of the use of those facilities by that other person or

persons must be allocated to all users in accordance with the

ISO tariff, and

(

b) the original local interconnection cost, or a portion of it, must

be refunded to the person who paid it in accordance with the

ISO tariff.

Generating unit owner's contribution

17(1) The ISO must include in the ISO tariff

(

a) the amount, determined under subsections (2) and (3),

payable by an owner of a generating unit to the ISO;

(2) The amount payable by owners of generating units is the sum of

the following:

(

a) for upgrades to existing transmission facilities, a charge of

$10 000/MW;

(

b) a charge of not more than $40 000/MW, as provided in the

ISO tariff, payable by owners of generating units that locate

in an area of the transmission system where generation

exceeds load, and the amount of the charge is to be

determined based on the location of the generating unit

relative to load.

(3) A charge under subsection (2)(

b) may be revised from time to

time, but must

(

a) be stable and predictable;

(

b) be calculated in a simple and transparent manner;

(

c) be based on generation size;

(

d) vary based on the generation location relative to load in

Alberta;

(

e) be determined and payable in accordance with the ISO rules

and ISO tariff, be paid before commencement of construction

of the local interconnection facility and be paid once only for

that specific location and generating unit;

(

f) not affect charges determined and paid by owners of

generating units or owners of prospective generating units

before such revisions.

(

a) providing for the refund of money paid under this section, to

the owner who paid it, over a period of not more than 10

years from the date it was paid, subject to satisfactory

operation of the generating unit determined under rules made

under subsection (5), where satisfactory operation may vary

by generation type;

(

b) providing for forfeiture to the ISO of money paid under this

section, or suspension of the refunds, if the generating unit is

not operated satisfactorily;

(

c) providing for the means and times at which the refunds are to

be made;

(

d) providing for the prudent administration, management and

investment of money held by the ISO under this

section and

for the accounting for those funds;

(

e) providing for the disbursement of money earned on

investments.

(5) The ISO must make rules to be used to assess the satisfactory

performance of a generating unit by generating unit type.

Application of sections 16 and 17 limited

18 Sections 16 and 17 do not apply to a generating unit connected to

the transmission system before this Regulation comes into force.

Part 5

Transmission System Losses

and Credits

Transmission system loss factors

19(1) The ISO must make rules to

(

a) reasonably recover the cost of transmission line losses on the

interconnected electric system by establishing and

maintaining loss factors for each generating unit based on

their location and their contribution, if at all, to transmission

line losses;

(

b) determine the anticipated transmission line losses for a

specified period of time and determine the average

transmission system loss factor for that specified period;

(

c) establish a means of determining, for each location on the

transmission system, loss factors and associated charges and

credits, which are anticipated to result in the reasonable

recovery of transmission line losses;

(

d) provide a means by which, annually, a determination will be

made of the difference between the anticipated transmission

line losses and the actual transmission line losses;

(

e) subject to

section 21, provides a means through the

application of a calibration factor to adjust the amounts paid

by the application of the loss factor described in clause (

c) so

that the owners of generating units pay the actual

transmission line losses or receive a credit for overpayment.

(2) In accordance with the rules made under subsection (1), the ISO

must determine loss factors having regard to the following:

(

a) loss factors must apply for a period of at least one year but

not more than 5 years, subject to clause (b);

(

b) a loss factor applied under clause (

a) may not be changed

during the period it applies unless, in the opinion of the ISO,

a transmission system upgrade or enhancement materially

affects transmission line losses;

(

c) loss factors must be determined for each location on the

transmission system as if no abnormal operating conditions

exist;

(

d) the loss factor in each location must be representative of the

impact on average system losses by each respective

generating unit or group of generating units relative to load;

(

e) the loss factor must be one number at each location that does

not vary, except as a result of revisions referred to in clause

(

b) or the reapplication of loss factors under clause (a);

(

f) after determining which loss factors result in a charge or

credit, every loss factor must be multiplied by a common

number in order to limit the loss factors as follows:

(

i) loss factors associated with a charge must not exceed 2

times the average transmission system loss factor, and

(ii) loss factors associated with a credit must not exceed one

times the average transmission system loss factor.

Loss factors to be publicly available

20(1) The ISO must make rules with respect to the designation of loss

factors in any place in Alberta where a generating unit is not located,

and on request, determine a loss factor with respect to a generating unit

that a person proposes to construct.

(2) Loss factors determined under

section 19 and subsection (1) must

be made publicly available for each location on the transmission

system.

Adjustment of loss factors

21(1) In accordance with the rules, loss factors may be adjusted by a

calibration factor to ensure that the actual cost of losses is reasonably

recovered through charges and credits under the ISO tariff on an

annual basis.

(2) If the actual cost of losses is over or under recovered in one year,

the over or under recovery must be collected or refunded in the next

year or subsequent years.

Recovery of transmission losses

22(1) In accordance with the ISO tariff and the loss factors

determined under this Part,

(

a) the owner of a generating unit must pay location-based loss

charges or receive credits;

(

b) importers of electric energy under a firm service arrangement

must pay location-based loss charges or receive credits.

(2) A person receiving transmission service under an interruptible

service arrangement for load, import or export must pay location-based

loss charges that recover the full cost of losses required to provide this

service.

Recovery of must-run costs

23(1) For the purpose of

section 30(2)(a)(ii) of the Act, the

compensation must be no greater than an amount that would result in

the recovery of fixed, operating and maintenance costs, including a

reasonable rate of return, using a methodology described in the ISO

tariff.

(2) The ISO must include in the ISO tariff a cost determination

purposes of subsection (1).

(3) The ISO must make rules regarding transmission must-run

generating units and the determination of pool price so that the pool

price will be determined using the last in-merit generating unit(

s) actually dispatched.

(4) Costs associated with subsection (1) must be included and

recovered under the ISO tariff in the same manner as transmission

costs under

section 30(a)(i).

Part 6

Board Responsibilities

Applications to the Board under

section 34(1) of Act

24 When considering an application under

section 34(1) of the Act,

the Board must

(

a) have regard for the principle that it is in the public interest to

foster

(

i) an efficient and competitive generation market, and

(ii) a transmission system that is flexible, reliable, efficient

and preserves options for future growth;

(

b) have regard for the following matters when it considers an

application for a transmission facility upgrade or expansion

or operations preparatory to the construction of a

transmission facility:

(

i) the contribution of the proposed transmission facility to

improving transmission system reliability;

(ii) the contribution of the proposed transmission facility to

a robust competitive market;

(iii) the contribution of the proposed transmission facility to

improvements in transmission system efficiency;

(iv) the contribution of the proposed transmission facility to

improvements in operational flexibility;

(

v) the contribution of the proposed transmission facility to

maintaining options for long-term development of the

transmission system;

(vi) the contribution of a proposed transmission facility to

which

section 15 applies to provide system access

service;

(

c) take into account the long-term transmission system outlook

document and transmission system plans filed with the

Board.

Recovery of pre-construction costs

25 If a needs identification document has been approved by the

Board under

section 34 of the Act, a TFO may include in the TFO's

tariff the pre-construction costs incurred by the TFO, including

feasibility studies, engineering, purchase of materials, purchase of land

or options to purchase land for future use or acquire a right or interest

in land for future use as a right of way, as may be necessary, for long

lead-time projects.

Recovery of assistance costs

26(1) A TFO may include in its transmission tariff

(

a) costs and expenses incurred by the owner in assisting the ISO

in preparing forecasts, the long-term transmission system

outlook document, transmission system plans, needs

identification documents, and updates to them, and

(

b) the costs incurred by the owner to assist the ISO in preparing

reports made under

section 11.

(2) An owner of an electric distribution system may include in its

distribution tariff

(

a) costs and expenses incurred by the owner in assisting the ISO

in preparing forecasts, the long-term transmission system

outlook document, transmissions system plans, needs

identification documents, and updates to them, and

(

b) the cost of evaluating the relative merits of transmission

facility and distribution options.

Additional criteria for the Board

27 In addition to the matters taken into account by the Board under

section 122 of the Act, when considering an application for a TFO

tariff, the Board must consider that it is also in the public interest to

provide consumers the benefit of unconstrained transmission access to

the competitive generation market by

(

a) providing sufficient investment to ensure timely electric

transmission facilities, and

(

b) fostering a stable investment climate and a continued stream

of capital investment for the electric transmission system.

Decisions under

section 34(1) of Act

28 The Board must make a decision on an application under

section

34(1) of the Act within 180 days of receipt by the Board of the

complete application.

Decisions under Hydro and Electric Energy Act

29 When the Board is considering present and future public

convenience and need under

section 14(3) of the Hydro and Electric

Energy Act, the Board must take into account a needs identification

document prepared and filed under

section 34(1) of the Act.

ISO tariff - transmission system considerations

30 When considering an application for approval of the ISO tariff

under sections 121 and 122 of the Act, the Board must

(

a) ensure

(

i) the just and reasonable costs of the transmission system

are wholly charged to owners of electric distribution

systems, customers who are industrial systems and

persons who have made an arrangement under

section

101(2) of the Act, and exporters, to the extent required

by the ISO tariff, and

(ii) the amount payable by an owner of an electric

distribution system is recoverable in the tariff of the

owner of the electric distribution system;

(

b) ensure owners of generating units are charged local

interconnection costs to connect their generating unit to the

transmission system, and are charged a financial contribution

towards transmission system upgrades and for location-based

cost of losses;

(

c) consider all just and reasonable costs related to arrangements

and agreements described in

section 9(5) of the Act.

Tariff applications and approvals

31(1) The ISO must apply to the Board no later than February 1,

2005, for approval of an ISO tariff that includes all the matters

required by this Regulation to be included in the tariff.

(2) The Board must, no later than September 1, 2005, approve an ISO

tariff described in subsection (1).

(3) The ISO tariff that is described in

section 30(a), and approved

under subsection (2), takes effect on January 1, 2006.

(4) Except as provided by subsection (3), the ISO tariff comes into

effect on a date or dates specified by the Board, but no coming into

force date may be later than January 1, 2006.

Part 7

Paramountcy and Repeal

Paramountcy

32 This Regulation prevails to the extent of any inconsistency,

conflict or uncertainty between this Regulation and any agreement,

irrespective of whether the agreement was entered into before or after

the coming into force of this Regulation.

Repeal

33 This Regulation is repealed in accordance with

section 142(3) of

the Act.

--------------------------------

Alberta Regulation 175/2004

Seniors Benefit Act

GENERAL AMENDMENT REGULATION

Filed: August 12, 2004

Made by the Lieutenant Governor in Council (O.C. 372/2004) on August 11, 2004

pursuant to

section 6 of the Seniors Benefit Act.

1 The General Regulation (AR 213/94) is amended by this

Regulation.

Section 1(1) is amended by repealing clause (k).

Section 3(4) is amended by repealing clause (c).

Section 6(3) is amended by striking out "by direct deposit or

by cheque" and substituting "in any manner determined by the

Minister".

5 The

Schedule is amended by repealing the Table and the

Note at the end of the Table and substituting the following:

TABLE

CALCULATION OF THE CASH BENEFIT

Part 1

Accommodation and

Relationship Category

Percentage

Maximum

Annual Cash

Benefit

Homeowner

Single senior

Senior couple

18.57%

19.63%

$2880

$4320

Renter

Single senior

Senior couple

18.57%

19.63%

$2880

$4320

Lodge Resident

Single senior

Senior couple

18.57%

19.63%

$2880

$4320

Long-term Care

Centre

Single senior

Senior couple

18.57%

19.63%

$2880

$4320

All other

Accommodation

Single senior

Senior couple

12.00%

16.90%

$1860

$3720

Part 2

Accommodation

Assistance Only

(Seniors not eligible

for OAS)

Percentage of Benefit

(as calculated above)

Single senior

Senior couple

Homeowner

Renter

51.39%

51.39%

34.26%

34.26%

Part 3

Accommodation and

Relationship Category

Percentage

Maximum

Annual

Supplementary

Accommodation

Benefit

Long-term Care Centre

28.73%

$4455

(Note: The benefit calculations in this table apply with respect

to July 2004 and following months.)

THE ALBERTA GAZETTE,

PART II, MONTH DAY, 2004

- 817 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

- 816 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

AR 170/2004 SCHOOL

- 817 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

- 818 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

AR 172/2004 MUNICIPAL GOVERNMENT

- 819 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

AR 173/2004 ELECTION

- 825 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

AR 174/2004 ELECTRIC UTILITIES

- 846 -

THE ALBERTA GAZETTE,

PART II, AUGUST 31, 2004

AR 175/2004 SENIORS BENEFIT

- 848 -