1995 BILL 35 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 ELECTRIC ENERGY MARKETING ACT REPEAL ACT MR. MAGNUS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 35, Electric Energy Marketing Repeal Act

Bill 35 Mr. Magnus BILL 35 1995 ELECTRIC ENERGY MARKETING ACT REPEAL ACT (Assented to 1995) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

PART 1 REPEAL Repeals SA 1981 cE-4.1 1 The Electric Energy Marketing Act is repealed on December 31, 1995. Assets and liabilities 2 The assets and liabilities of the Alberta Electric Energy Marketing Agency are the assets and liabilities of the Crown in right of Alberta when the Agency has completed all of its duties and functions under

Part 2.

PART 2 TRANSITIONAL

Definitions3 In this Part, (a) ‘‘Agency’’ has the meaning given to it in the former Act; (b) “Board” means the Alberta Energy and Utilities Board; (c) “consumer group’’ has the meaning given to it in the former Act; (d) “former Act’’ means the Electric Energy Marketing Act, SA 1981 cE-4.1; (e) “General Regulation” means the General Regulation (Alta. Reg. 405/84) made pursuant to the former Act; 1

Explanatory Notes 1 Repeals

chapter E-4.1 of the Statutes of Alberta, 1981. 2 Assets and liabilities becomes assets and liabilities of the Crown. 3

Definitions. 1 Explanatory Notes

(f) “owners” means Alberta Power Limited, TransAlta Utilities Corporation and the City of Edmonton; (g) “pooling interface” has the meaning given to it in the former Act. Requirement to file 4(1) No person is required to file in 1995 anything required to be filed pursuant to the former Act in respect of 1996, whether the requirement to file arises before or after this Act comes into force.

(2) Each of the owners shall file with the Board the information specified in

section 17.2 of the General Regulation in respect of each of 1994 and 1995.

(3) The information in respect of 1994 shall be filed no later than June 30, 1995, and the information in respect of 1995 shall be filed no later than June 30, 1996. Adjustments to price 5 All adjustments to a price or pricing formula set by the Board for 1994 or 1995 shall be made pursuant to this Part and not pursuant to the former Act. Disputes6 The owners shall attempt to settle, with each other and with persons having an interest, any disputes relating to the information filed pursuant to

section 4 for 1994 and 1995. Mediation7(1) The Board shall appoint one of the employees of the Public Utilities Board or the Energy Resources Conservation Board to mediate disputes among the persons referred to in

section 6.

(2) If the persons referred to in

section 6 fail to agree on any issue, the Board shall, despite

section 5 of the Alberta Energy and Utilities Board Act, appoint one of its members to make binding decisions as to any matter required to make the cost and adjustment calculations. Calculations8(1) The Board shall perform the calculations related to the supply of electric energy to pooling interfaces based on any settlement negotiated under

section 6 and the Board’s decisions on disputed matters, and the Board shall calculate any adjustment amounts, taking into consideration the former Act and the General Regulation.

(2) The Board may appoint one of its members to perform the calculations referred to in subsection (1). 2

4 Requirement to file. 5 Adjustments to price. 6 Disputes. 7 Mediation. 8 Calculations. 2 Explanatory Notes

Payments9 The Agency and the owners shall make any payments among themselves that may be necessary to give effect to the adjustments calculated in accordance with

section 8. Rates, tolls and charges 10 The Board may fix rates, tolls or charges or schedules thereof to be imposed, observed or followed by Alberta Power Limited or TransAlta Utilities Corporation in such a manner that the rates to the members of a consumer group may be increased or decreased in 1996 in respect of adjustments for 1994 and in 1997 in respect of adjustments for 1995 without a hearing or notice to any person except that owner, if the increase or decrease is a result of a change in the deemed cost of the electric energy to that owner in respect of that consumer group resulting from the adjustments calculated in accordance with

section 8. Administrative Procedures Act 11 The Administrative Procedures Act does not apply to the Board in respect of its functions in sections 7, 8 and 10. Continuation of Agency 12 Notwithstanding

section 1, the Agency continues and the former Act and the General Regulation remain in force for the purposes of this Part until the Agency has completed all of its duties and functions under this Part. Regulations13 For the purpose of carrying out this Part according to its true intent or for the purpose of supplying any deficiency in this Part, the Lieutenant Governor in Council may make regulations not inconsistent with the spirit of this Part.

PART 3 CONSEQUENTIAL AMENDMENT Amends RSA 1980 cP-3714 The Public Utilities Board Act is amended (

a) by repealing

section 1(b.1); (

b) in

section 82(2) by adding “and” at the end of clause (

a) and repealing clause (a.1); (

c) by repealing

section 82(3) and substituting the following:

(3) In fixing the fair return that an owner of a public utility is entitled to earn on the rate base, the Board shall give due consideration to all those facts that, in the Board’s opinion are relevant. 3

9 Payments. 10 Rates, tolls and charges. 11 Administrative Procedures Act. 12 Continuation of Agency. 13 Regulations. 14 Amends

chapter P-37 of the Revised Statutes of Alberta 1980. 3 Explanatory Notes

(

d) in

section 83 (

i) in subsection (1)(a.1) by striking out “the Electric Energy Marketing Act and”; (ii) by repealing subsection (2); (

e) in

section 84 (

i) in subsection (1) by striking out “Except as provided in subsection (2), in” and substituting “In”; (ii) by repealing subsection (2). 4

4 Explanatory Notes Title: 1995 (23rd, 3rd) Bill 35, Electric Energy Marketing Repeal Act