Bill 59 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 59 the Hydro and Electric Energy Amendment Act, 1972 the Honourable (Legislature 17, Session 1)

L17 S1 5040

Alberta — Bills

1972 Bill 59 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 59 The Hydro and Electric Energy Amendment Act, 1972 THE HONOURABLE MR. WERRY First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading ................ . Third Reading .... Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 59 1972 THE HYDRO AND ELECTRIC ENERGY AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the advke and consent of the Legis:llative Assemhly of Alberta, enacts as foHows: 1. The Hydro and Electric Energy Act is hereby amended.

Section 1, subsection (1) is amended by striking out clause 13 and by substituting the following clauses: 13. "substation" means a part of a transmission line that is not a transmission circuit and includes equip ment for transforming, compensating, switching, rectifying or inverting of electric energy flowing to, over or from the transmission line; 14. "transmission line" means a system or arrangement of lines of wire or other conductors and transfor mation equipment, wholly within Alberta, whereby electric energy, however produced, is transmitted in bulk, and includes (

i) transmission circuits composed of the conduc tors which form the minimum set required to so transmit electric energy, (ii) inSUlating and supporting structures, (iii) substations, (iv) operational and control devices, and (

v) all property of any kind used for the purpose of, or in connection with, or incidental to, the operation of the transmission line, but does not include a power plant or an electric distribution system.

Section 2 is a'mended by striking out clause (

e) and by substituting the following clause: (

e) to assist the Government to control pollution and ensure environment conservation in the develop ment of hydro energy and in the generation trans mission and distribution of electric energy, ~nd

Explanatory Notes l. This Bill will amend

chapter 49 of the Statutes of Alberta, 1971

Section 1, subsection (1) ,clause 13 presently reads: 13. "transmission line" means a system or arrangement of lines of wire 'Or other ·conductors and transflormation equipment, wholly within the Province and whereby electric energy, however produced, is trans mitted, and (

i) includes all property of any kind used for the purpose of, or in connection with, or incidental to the 'operation of a trans- mis,sion line, but - (ii) does not inc,lude a power plant or an electric distribution system.

Section 2, clause (

e) presently reads: 2. The purposes of this Act are (e) .to ,control p-oUution and ensure enviI1onm'c'nt -conservation III the development of hydro energy and in the generation, transmission and distribution of electric energy, and

Section 3 is amended (

a) as to subsection (1) (

i) by striking out clause 6 and by substituting the following: 6. as to the measures to be taken in the con struction, operation or abandonment of any power plant or transmission line for (

i) the protection of life, property and wildlife, and (ii) the prevention and extinguishment of fires; (ii) by adding after clause 15 the following clause: 16. prescribing a uniform system of accounts applicable to any person owning or oper ating a hydro development, power plant, transmission line or electric distribution system not exempted hy the regulations or by the Board. (

b) by adding the following subsection after subsection (3) :

(4) Subject to the approval of the Minister of the Environment, the Board may make regulations as to the measures to be taken in the construction, operation or abandonment of any power plant or transmission line for the control of pollution and ensuring environment conservation. 5. Sections 7 and 8 are struck out and the following sections are substituted: 7. ( 1 ) No person shall construct a hydro development unless the Board, by order, has approved the construction of the hydro development in accordance with this section.

(2) Where a person proposes to construct a hydro de velopment, he shall apply to the Board for an 'Order approv ing the construction of the hydro development.

(3) Where the Board receives an applicati'On for an order approving the construction of a hydro development, the Board shall make such investigation, make such inquiry and hold such hearings as it considers necessary or desir able in connection with the application.

(4) During any investigation, inquiry and hearing under subsection (3), the Board shall refer the application for an order for the construction of the hydro development to (

a) the Minister of the Environment, and (

b) the Minister of Lands and Forests , for their approval with respect to the application as it affects matters of the environment. 2

Section 3, subsection (1), clause 6 presently reads: 3.

(1) The Board may make regulations 6. as to the measures to be taken in the construction, operation or abandonment of any po-wer plant or transmission line for (

i) the protection of life, pI'operty and wtld life, (ii) the prevention and extinguishment of fires, and (iii) the control of p'ollution and ensuring environment conservittion; 5. Sections 7 and 8 presently read: 7.

(1) ND person shall construct or operate (

a) a hydro development, or (

b) a pDwer plant, unless the Board, by order and with the authorization of the Lieu tenant Governor in Co-uncil, has approved the hydro development or power plant.

(2) The holder of an approval under this

section shall .not make a significant alteration in his hydro development or power plant unless the Board has amended the appro-valor issued a new apprDval tOo -cover the alteraUon. -

(3) The authorizaUon .of the Lieutenant Governor in CDuncil is not required where the Board amends an approval or issues a new approval under this

section o-r issues a new approval for the purpose only lof c-onsolidating and revising a previous approval and subsequent amendments to it.

(4) Notwithstanding subsection (1), the site for a hydro development or power plant may be surveyed without an apprOV3!l.

(5) This

section does not apply to a person generating or Pl"ioposing to generate electric energy solely for his own use, unless the Board otherwise directs. 8.

(1) The Board shall refer an application for approval of a hydr'o development to the Department of the Environment and the Depart ment of Lands and Forests for their advice.

(2) The Board shall refer an application for appl10val of a pto'wer plant to the Department of the Environment for its advice.

(3) In considering an applicatiDn under

section 7, the Board shall consider the advice of a Department to which the application was referred under subsectilon (1) or subsection (2).

(5) The Minister of the Environment and the Minister of Lands 'and Forests or either of them may give their approv al with or vvithout conditions, but where co~nditions are im posed, the Board shall, if it approves the construction of the hydro development pursuant to subsection (10), make its order subject to the same conditions imposed by the Minister of tlhe Environment or the Minister of Lands and Forests or both of them, when they gave their approval.

(6) The Board may, after making an investigation, in quiry and holding such hearings as it considers necessary, refuse the application for an order of the Board for the construction of a hydro development.

(7) Subject to subsection (11), where the Board does not refuse an application to construct a hydro development it shall after dealing with the matters mentioned in sub sections (3) and (4), report thereon to the Lieutenant Gov ernor in Council.

(8) Upon a report being received by the Lieutenant Governor in Council pursuant to subsection (7), the Ex ecutive Council shall cause a Bill to be prepared for the authorization of an order of the Board for the construction of the hydro development by the Legislature.

(9) The Bill for the authorization of an order of the Board for the construction of the hydro development shall be introduced in the Legislative Assembly as soon as it has been prepared if the Assembly is then sitting and if not, in the next session following the preparation of the Bill.

(10) Upon a Bill for the authorization of an order of the Board for the construction of a hydro development receiv ing Royal Assent, the Board shall, by order, approve the construction of the hydro development but shall make its approval in accordance with subsection (5) and may make its approval subject to such other conditions as it is empow ered to impose under this Act and the regulations.

(11) The Board shall not approve the construction of a hydro development unless there is

an Act authorizing an order of the Board for the construction of the hydro de velopment. 7.1

(1) No person shall operate a hydro development unless the Board, by order and with the authorization of the Lieutenant Governor in Council, has approved the operation.

(2) The Lieutenant Governor in Council may make his authorization under subsection (1) subject to such terms and conditions as he considers necessary or desirable. 7.2

(1) No person shall construct or operate a power plant unless the Board, by order and with the authorization of the Lieutenant Governor in Council has approved the construction and operation of the powe~ plant. 3

(2) An authorization of the Lie!ltenant Governor in Council is not required under subsection (1) in respect of (

a) a power plant using a fossil fuel as its energy source or an addition to a power plant using a fossil fuel as its energy source, if the power plant or addition will have a ea:pacity of 15 megawatts Of less, or (

b) an amendment of an approval that the Board con siders td be of a minor nature and not warranting such authorization.

(3) Prior to the Board approving the construction and operation of the power plant, it shall refer the application to the Minister of the Environment for his approval of the application as it affects matters of the environment.

(4) The Lieutenant Governor in Council may make his authorization under subsection (1) subject to such terms and conditions as he considers necessary or desirable. (5) 'The Minister of the Environment may give his ap proval with or without conditions, but where conditions are in1posed, the Board shall, if it approves the construction and operation of the power plant, make its order subject to the same conditions imposed by the Minister of the Environment when he gave his approval. 8.

(1) Notwithstanding sections 7, 7.1 and 7.2, the site of a hydro development or power plant may be surveyed without an order, approval or authorization.

(2) Sections 7, 7.1 and 7.2 do not apply to a person generating or proposing to generate electric energy solely for his own use, unless the Board otherwise directs.

Section 10 is struck out and the following

section is substituted: 10.

(1) The Board shall refer an application for a per mit or an amendment of a permit to the Minister of the Environment and the MinisteT of Lands and Forests for their approval of the application as it affects matters of the environment.

(2) The Minister of the Environment and the Minister of Lands and Forests or either of them may give their approval with or without conditions, but where conditions are imposed, the Board shall, if it grants a permit or an amendment of a permit, make the permit or amendment subj ect to the same conditions imposed by the Minister of the Environment Dr the Minister of Lands and Forests, or both of them, when they gave their approval. 4

4 G.

Section 10 presently reads: 10.

(1) The Board shall refer an apg1ication for a permit or an amendment of a permit to the Department of the Environment and the Department of Lands and Forests for their advice.

(2) In considering an application under

section 9, the Board shall consider the advice lof a Department to which the application was referred under subsection (1).

Section 14 is amended by adding the following sub sect'ion after 8ubsection (2): (2.1 ) Notwithstanding subsection (2), the Board may issue a direction under that subsection without the author ization of tJhe Lieutenant Governor in Council where the interconnection is not for the purpose of interprovincial or international tr'ansmission of electric energy.

Section 15 is aynended by adding the following sub

section after subsection (2):

(3) Notwithstanding (

a) section 7, subsections (5) and (10), (b) ,section 7.2, subsection (5), and (

c) section 10, subsection (2), the Board is not required to impose the conditions spec ified by the Minister of the Environment and the Minister of Lands and Forests or either of them when the Lieuten ant Governor in Council directs that the conditions are not to be imposed.

Section 17 is amended by adding after the word "licence" the words "under this Part".

Section 21, subsection (2) is aynended by striking out the words "shall state" and by substituting the words "may state".

Section 23, subsection (4-) is amended by striking out clause (

c) and by SUbstituting the following: (

c) the matters in respect of which any compensation is payable, which matters may inc:lude (

i) any facilities transferred, based upon repro duction cost new, less depreciation, (ii) severance damages based upon (

A) such period of time as the Board considers reasonable not exceeding the period that would be remaining had the owner been a party to a franchise or contract ap proved under

section 270 or 272 of The Municipal Government Act, and (

B) the actual load at the time the service area is reduced, and (iii) the economic effect on the overall operation of the owner of the electric distribution system. 5

Section 14(2) empowers the Board to direct the making of an interconnection but only on the authorization of the Lieutenant Governor in Council.

Section 15 presently reads: 15.

(1) Upon an application for an approval, permit or licence under this Part, or for an amendment of an approval, permit or licence, the Board may .grant the approval, permit, licence or amendment subject to such terms and conditions as it may prescribe or may deny the application.

(2) Without restricting the generality of subsection (1), the Board may (

a) require changes in the plans and specifications of a hydrD de ve,~opm.ent, power plant or transmission line, or (

b) require changes in the location of a hydrD develDpment, power plant or transmiss~on line, Dr (

c) prescribe a date before which the construction of, or operation of, the hydro development, power plant Dr transmissiDn line must commence.

Section 17 presently reads: 17. No holder 'Of an appI1o·val, permit or licence, and no person who operated a hydro development, power plant Dr transmission ,line at the commencement of this Act, ,shall discontinue the operation of, Dr dismantle or remove any Wiorks or installations forming part 'Of his hydro development, power plant or transmission line, unless he has obtained the authority in writing of the Board to do so.

Section 21, sUibsection (2) presently reads:

(2) In an approval under this Part, the Board sh3ill prescribe such conditions as it considers suitable, and shall state the periDd for which the approval is granted. II.

Section 23, subsection (4) presently reads in part:

(4) Where an order made 'under subse·ction (1) or (3) reduces the l:leI'vi-ce area of an electric distribution system, the Board, if it con siders such provision suitable, may make provision in the order for (

c) the matters in respect of which any compensati1on is payable, which matters may include any matter referred to in

section 272, subsection (2), -clause (

b) of The Municipal Government Act and the economic effect on the overal-l 'Operation of the owner of the electric distribution system, and and 'provide that if agreement 'on the amount of any compensation provIded ~or cannot be reached between the parties, the amount shall be determmed by the Public Utilities Board on the application of either party. 5

Section 34 is amended by adding after the number "9," the number "13,".

Section 36 is amended by adding at the end thereof the words "'except as provided in

Part 6 of The Energy Resources Conservation Act". 14. This Act comes 'into force on the day upon which it is assented to. 6

Section 34 presently reads: 34. The Board shall not issue an order, appro·val or permit under the authority of

section 7, 9, 14, 20 or 23 withJout publication of notice or a hearing, unless in the light of all the -circumstances the Board oonsiders the matter to be of a minor nature that would not warrant the publication of notice or a hearing.

Section 36 presently reads: 36. A decision 'Or order of the Board under this Act is final and there is no appeal therefrom. Title: 1972 (17th, 1st) Bill 59, The Hydro and Electric Energy Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5040
Type	bill
Volume / chapter	L17 S1 5040
Language	en
Format	json
Source	PROVINCIAL
Identifier	8972e1308311277a2ae062a5c7047d4c9067caf1

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