THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, JULY 28, 2015 NEWFOUNDLAND AND LABRADOR REGULATION NLR 47/15

Extraordinary Gazette July 28, 2015 3 NEWFOUNDLAND AND LABRADOR REGULATION 47/15 Net Metering Exemption Order under the Electrical Power Control Act, 1994 (O.C. 2015-148) (Filed July 28, 2015) Under the authority of

section 5.2 and subsection 14.1(7) of the Electrical Power Control Act, 1994 , the Lieutenant-Governor in Coun- cil makes the following Order. Dated at St. John’s, July 28, 2015. Paula Burt Deputy Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Definitions 3. Newfoundland Power ex- emption 4. Net metering customers exemption 5. Exemptions 1. This Order may be cited as the Net Metering Exemption Order. 2. In this Order (a) "Act" means the Electrical Power Control Act, 1994; (b) "net metering customer" means a producer that

Short title

Definitions

Net Metering Exemption Order 47/15 Extraordinary Gazette July 28, 2015 4 (

i) is a metered customer of a public utility, (ii) has been accepted by that public utility into a net meter- ing program, (iii) generates electricity primarily for its own consumption, (iv) uses the electricity that it generates for its own con- sumption before (

A) delivering any electricity that is in excess of its own needs at the time of generation to the public utility, or (

B) accepting delivery of electricity from the public utility, (

v) generates electricity solely from a renewable energy source, and (vi) has a rated capacity, in relation to equipment that is connected to the public utility's distribution system, that is no greater than 100 kilowatts; and (c) "renewable energy source" means any source of renewable energy from which electricity may be generated and includes electricity from the following energy sources: (

i) wind, (ii) solar, (iii) photovoltaic, (iv) geothermal, (

v) tidal, (vi) wave, and

Net Metering Exemption Order 47/15 Extraordinary Gazette July 28, 2015 5 (vii) biomass. 3. Newfoundland Power is exempt from subsection 14.1(1) of the Act for all aspects of its activities resp ecting the purchase of electrical power and energy from a net metering customer. 4. Net metering customers are exempt from paragraph 14.1(1)(

a) of the Act for all aspects of their activities respecting the delivery of electrical power and energy to Newfoundland and Labrador Hydro and Newfoundland Power. 5.

(1) The exemptions under sections 3 and 4 only apply where a net metering customer's net energy consumption or delivery at a prop- erty is measured at a single metering point.

(2) Notwithstanding sections 3 and 4 and subsection (1), only that portion of the combined rated capacity of all net metering custom- ers' equipment connected to a public utility's distribution system that is 5 megawatts or less may be exempted under these regulations. ©Queen's Printer Newfoundland Power exemption Net metering cus- tomers exemption Exemptions

7 ST. JOHN'S, TUESDAY, JULY 28, 2015 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Electrical Power Control Act, 1994 Net Metering NLR 47/15 New July 28/15 p. 3 Exemption Order