Bill 54 — Third Session, 21St Legislature, 37 Elizabeth Ii the Legislative Assembly of Alberta Bill 54 Small Power Research and Development Act (Legislature 21, Session 3)

L21 S3 2972

Alberta — Bills

1988 BILL 54 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 54 SMALL POWER RESEARCH AND DEVELOPMENT ACT THE MINISTER OF TRANSPORTATION AND UTILITIES First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 54, Small Power Research and Development Act

Bill 54 BILL 54 1988 SMALL POWER RESEARCH AND DEVELOPMENT ACT (Assented to , 1988) Table of Contents

Definitions 1 Allocation of capacity 2 Small power production contract 3 Energy Resources Conservation Board 4 Application of other enactments 5 Duty to co-operate 6 Regulations 7 Consequential 8, 9 Coming into force 10 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “eligible power production facility” means a power generator or generators that constitute a single power production facility that (

i) produces electric energy from wind, hydro or biomass, (ii) has a nameplate capacity of (

A) not more than 2.5 MW, or (

B) more than 2.5 MW and is a pilot project within the meaning of the regulations, and (iii) meets the other eligibility requirements established in or pursuant to the regulations; (b) “maximum program capacity” means the maximum pro gram capacity established in or pursuant to the regulations; (c) “Minister” means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin istration of this Act; (d) “public utility” means a public utility designated in the reg ulations as a public utility to which this Act applies; (e) “small power producer” means the owner of an eligible power production facility; 1

(f) “small power production contract” means a contract between a public utility and a small power producer whereby the public utility agrees to purchase electric energy produced by the small power producer’s eligible power production facility. Allocation of capacity 2(1) The Minister may, in accordance with this Act and the regula tions, allocate to an eligible power production facility capacity from the maximum program capacity.

(2) The Minister may not make a final allocation under subsection (1) unless he is satisfied that (

a) the small power producer who owns the eligible power pro duction facility (

i) has entered into a small power production contract with the public utility in whose service area the eligible power production facility is located, and (ii) has complied or will comply with the requirements of all applicable enactments relative to the construction, operation and connection of the eligible power production facility, and (

b) all other preconditions and requirements established in or pursuant to the regulations have been satisfied.

(3) The Minister may not make final allocations under subsection (1) in respect of more than 9 pilot projects.

(4) The Minister may not make a final allocation under subsection (1) after (

a) the date on which the aggregate nameplate capacities of elig ible power production facilities to which allocations have previ ously been made under subsection (1) exceed the maximum pro gram capacity, or (

b) a date established in or pursuant to the regulations, whichever occurs first. Small power production contract 3(1) A small power production contract shall (

a) be stated to be for a term of years established in or pursuant to the regulations, (

b) provide that the public utility shall pay to the small power producer in respect of power delivered under the contract the amount of 5.2₵ per kilowatt hour for the term of the contract, (

c) provide that the small power producer shall bear all costs up to and including the point of the connection with the public util ity’s facilities, which costs shall include the cost of any transmis sion facilities that may be required in order to effect the connec tion, the cost of metering the delivered power and the cost of any modifications of the public utility’s facilities that may be required in order to utilize the delivered power, and (

d) be in a form that is satisfactory to the Public Utilities Board. 2

(2) If a small power producer and the appropriate public utility can not agree on the terms of a small power production contract, either party may refer the matter to the Public Utilities Board, and the Board shall determine the matters in question.

(3) A public utility shall forthwith file with the Public Utilities Board a copy of every small power production contract it enters into. Energy Resources Conservation Board 4(1) Where the Energy Resources Conservation Board is considering an application under

section 7, 8, 9 or 17 of the Hydro and Electric Energy Act in respect of an eligible power production facility for which an application for an allocation of capacity under this Act has been made to the Minister, the Board shall not have regard to whether the facility is an economic source of electric energy in Alberta or to whether there is a need for such a facility in meeting the requirements for electric energy in Alberta.

(2) The Energy Resources Conservation Board may not make an order under

section 17(5) of the Hydro and Electric Energy Act that is inconsistent with

section 3(1)(

c) of this Act as it relates to who is liable for the payment of the costs referred to in

section 3(1)(c). Application of other enactments 5 Except where specifically provided to the contrary, nothing in this Act or the regulations relieves any person from compliance with any other enactment. Duly to co-operate 6 Where, in accordance with the regulations, a small power pro ducer takes steps to enter into a small power production contract with the appropriate public utility, the public utility and the small power producer (

a) shall co-operate with each other and with the Minister and the Public Utilities Board in the process leading up to the signing of the contract, and (

b) shall sign the contract when its terms have been agreed on or otherwise finalized. Regulations7 The Lieutenant Governor in Council may make regulations (

a) designating the public utilities to which this Act applies; (

b) prescribing for the purposes of this Act the maximum pro gram capacity, or the manner in which it is determined, which shall not exceed 125 MW; (

c) prescribing the date, or the manner in which it is determined, for the purposes of

section 2(4)(b); (

d) authorizing the Minister to allocate, and governing the man ner in which he may allocate, capacity under

section 2 to eligible power production facilities, including, without limitation, the manner in which he may allocate capacity among the different kinds of facilities and among facilities with different nameplate capacities; (

e) prescribing the date, or the manner in which it is determined, by which an eligible power production facility that is the subject of a small power production contract must be operational; 3

(

f) establishing the procedure leading up to final allocation of capacity by the Minister to an eligible power production facility; (

g) respecting additional eligibility requirements for eligible power production facilities and the owners of them for the purposes of this Act; (

h) prescribing the term of a small power production contract, or the manner in which it is determined, for the purposes of

section 3(1)(a); (

i) respecting the installation of equipment related to the connec tion between the eligible power production facility and the public utility’s facilities, and respecting the records to be kept and the reports to be made relative to that equipment, including the per sons required to keep and make them, at whose direction they are to be kept and made and the persons with whom reports so made are to be filed, for the purposes of this Act; (

j) defining terms for the purposes of this Act and the regula tions. Amends RS A 1980 cH-13 8 The Hydro and Electric Energy Act is amended in

section 9(2) by striking out “or” at the end of clause (

a) and by adding the following after clause (a): (a.1) a power plant that is an eligible power production facility for which an application for an allocation of capacity under the Small Power Research and Development Act has been made to the Minister charged with the administration of that Act, or Amends RS A 1980 cP-37 9 The Public Utilities Board Act is amended in

section 83(1)(a.1) by adding “and the Small Power Research and Development Act” after "Electric Energy Marketing Act”. Coming into force 10 This Act comes into force on Proclamation. 4 Title: 1988 (21st, 3rd) Bill 54, Small Power Research and Development Act

Document details

Collection	Alberta — Bills
Citation	L21 S3 2972
Type	bill
Volume / chapter	L21 S3 2972
Language	en
Format	json
Source	PROVINCIAL
Identifier	bfa4757d4b953f69bf32bc8b93019bdb0eee9520

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