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Volume 53, No. 14

B.C. Reg. 235/2010

The British Columbia Gazette,

Part II

July 27, 2010

B.C. Reg. 235/2010 , deposited July 27, 2010, pursuant to the CLEAN ENERGY ACT [Section 37]. Ministerial Order M216/2010, dated July 26, 2010.

I, Bill Bennett, Minister of Energy, Mines and Petroleum Resources, order that the attached Exempt Projects, Programs, Contracts and Expenditures Regulation is made.

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

EXEMPT PROJECTS, PROGRAMS, CONTRACTS AND

EXPENDITURES REGULATION

Definitions

1 In this regulation:

"Act" means the Clean Energy Act ;

"AltaGas Northwest Projects Umbrella Agreement" means the agreement, dated May 28, 2010, between Coast Mountain Hydro Limited Partnership and the transmission corporation;

"FK Project" has the same meaning as in the AltaGas Northwest Projects Umbrella Agreement.

Northwest Transmission Line

2 For the purposes of sections 7 and 8 of the Act, the Northwest Transmission Line is further described as including the following:

(

a) the agreement, dated May 28, 2010, between Coast Mountain Hydro Limited Partnership and the authority relating to the purchase and sale of electricity generated at the FK Project;

(

b) the AltaGas Northwest Projects Umbrella Agreement;

(

c) a substation in the vicinity of Bob Quinn Lake and related facilities and equipment, including communication, voltage support and protection and control equipment;

(d) 287 kilovolt transmission circuits and related facilities between the authority's substation at Skeena and the substation referred to in paragraph (c);

(

e) the following activities related to the substation, facilities and equipment referred to in paragraph (

c) and the circuits and facilities referred to in paragraph (d), whether or not the substation or circuits are completed or put into service:

(

i) constructing, operating, maintaining and administrating;

(ii) acquiring or holding rights-of-way, permits, licenses, certificates, consents and other authorizations;

(iii) engineering and procuring;

(iv) negotiating, entering into and carrying out agreements with First Nations;

(

v) demobilizing and decommissioning;

(vi) securing financing.

Agreements with pulp and paper customers

3 For the purposes of sections 7 and 8 of the Act, the agreements with pulp and paper customers eligible for funding under Canada's Green Transformation Program are further described as including the following:

(

a) electricity purchasing agreements, under which the authority May acquire, in aggregate, up to 1 200 gigawatt hours per year of energy;

(

b) incentive funding agreements, under which the authority May provide an incentive payment for energy efficiency projects to acquire, in aggregate, up to 200 gigawatt hours per year of energy savings;

(

c) customer-funded project agreements, under which customers agree to implement energy efficiency projects without an incentive payment from the authority;

(

d) umbrella agreements that create a contractual link between the agreements referred to in paragraph (a), (

b) and (c).

Exemption

4 The authority is exempt from

section 44.2 (2) of the Utilities Commission Act with respect to the agreements referred to in

section 3 (

b) of this regulation.

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