Bill 45 (Legislature 20, Session 1)

L20 S1 3665

Alberta — Bills

1983 BILL 4J Fu-st Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 45 UTILITIES STATUTES AMENDMENT ACT, 1983 THE ATTORNEY GENERAL Fust Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

Bin 45 BILL 45 1983 UTILITIES STATUTES AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: Gas Utilities Act 1(1) The Gas Utilities Act is amended by this section.

(2) Section 29 is amended (

a) by striking out subsection (1) and substituting the following: 29(1) In fixing just and reasonable rates, toUs or charges or schedules of them to be imposed, observed and followed thereafter by an owner of a gas utiUty, the Board (

a) shaU determine a rate base for the property of the owner of the gas utiUty used or required to be used to provide service to the pubUc within Alberta, and (

b) may determine a rate base for aU or any portion of the property of the owner of a gas utiUty that is being constructed or that has been constructed or acquired but that is not yet being used and is intended to be used in the fiiture to provide service to the pubhc within Alberta, and on determining a rate base it shaU fix a fair return on the rate base. (

b) in subsection (2) (

i) by striking out "this section" and substituting "subsection (l)(a)"; (ii) in clause (

a) by striking out "use, to" and substituting "use and to"; (

c) by adding the following after subsection (2);

(2.1) In determining a rate base under subsection (l)(b), the Board

Explanatory Notes Gas Utilities Act 1(1) This

section amends

chapter G-4 of the Revised Statutes of Alberta 1980.

(2) Section 29 presently reads: 29(1) In fixing just and reasonable rates, tolls or charges, or schedules of them, to be imposed, observed and followed thereafter by an owner of a gas utility, the Board shall determine a rate base for the property ofthe owner ofthe gas utility used or required to be used to provide service to the public within Alberta arui on determining a rate base U shaUfix a fair return on the rate base.

(2) In determining a rate base uruier this section, the Board shaU give due consideration (

a) to the cost of the property when first devoted to public use, to prudent acquisition cost to the owner ofthe gas utility, less deprecia tion, amortization or depletion in respect of each, and (

b) to necessary working capital.

(3) Infixing the fair return that an owner of a gas utUity is entitled to earn on the rate base, the Board shall give due consideration to all facts that in its opinion are relevant. Explanatory Notes

(

a) shaU give due consideration to the cost ofthe property and to prudent acquisition cost to the owner of the gas UtiUty, and (

b) may give consideration to depreciation, amortization or depletion in respect of the property and to necessary working capital. (

d) by adding the following after subsection (3);

(4) Notwithstanding subsections (l)(b), (2.1) and (3), when fixing just and reasonable rates, toUs or charges or schedules of them to be imposed, observed and foUowed thereafter by an owner of a gas utiUty, the Board, in respect of aU or any portion of the property being constructed or that has been constructed or acquired but that is not yet being used and is mtended to be used in the fiiture to provide service to the pubUc within Alberta, may adopt any just and reasonable basis for determining a method of calculating a fair retum on that property without estabUshing a rate base for that prop erty. Public Utilities Board Act 2(1) The Public Utilities Board Act is ameruied by this section.

(2) Section 7 is amended (

a) by repealing subsection (1) arui substituting the following: 7(1) The members ofthe Board shaU receive (

a) remuneration and benefits, and (

b) travelling and other expenses whUe absent from their place of residence and in the course of their duties as members ofthe Board, as prescribed by the Lieutenant Govemor m CouncU. (

b) by repealing subsection (2)(

a) arui substituting the following: (

a) to prescribe the remuneration, traveUing and other ex penses and benefits, and

(3) The following is added after

section 7: 7.1 The members ofthe Board shaU conduct the investigations, make the reports and perform the duties, in addition to those fimctions assigned to them by this or any other Act, that are prescribed by the Lieutenant Govemor in CouncU.

(4) Section 20 is repealed and the following is substituted: 20 AU expenditures of the Board incurred under this or any other Act shaU be paid fi-om money appropriated from the Gen eral Revenue Fund by the Legislature.

Public Utilities Board Act 2(1) This

section amends

chapter P-37 of the Revised Statutes of Alberta 1980.

(2) Section 7 presently reads: 7(1) The members ofthe Board shaU receive the remuneration and bene fits, conduct the investigations, make the reports arui perform the duties, in addition to the duties assigned to them by this or any other Act, that are prescribed or directed by the Lieutenant Governor in Council

(2) The Lieutenant Governor in CouncU may delegate aU or any of his powers (

a) to prescribe or direct the remuneration or benefits, or (

b) to fix the terms of ofiice of all or any of the members to the member of the Executive Council designated by the Lieutenant Governor in Council

(3) Duties ofthe members ofthe Board.

(4) Section 20 presently reads: 20 The salaries arui aU expenses incurred by the Board in the perform ance of its duties, including aU reasonable travelling arui subsistence ex penses ofthe members arui the secretary, arui of such members ofthe staff ExDlanatorv Notes

(5) Section 69(2)(

b) is amended by adding ''in" after "contamed'

(6) Section 82 is amended (

a) by repealing subsection (

I) and substituting the following: 82(1) In fixing just and reasonable rates, toUs or charges or schedules of them to be imposed, observed and foUowed thereafter by an owner of a pubUc utiUty, the Board (

a) shaU determine a rate base for the property of the owner ofthe pubUc utiUty used or required to be used to provide service to the pubUc within Alberta, and (

b) may determine a rate base for aU or any portion of the property of the owner of a pubUc utiUty that is being constmcted or that has been constmcted or acquired but that is not yet being used and is intended to be used in the fiiture to provide service to the pubhc within Alberta, and on determining a rate base it shaU fix a fair return on the rate base. (

b) in subsection (2) (

i) by striking out "this section" and substituting "subsection (l)(a)"; (ii) in clause (

a) by striking out "use, to" and substituting "use and to"; (

c) by adding the follov\nng after subsection (2):

(2.1) In determining a rate base under subsection (l)(b), the Board (

a) shaU give due consideration to the cost ofthe property and to pmdent acquisition cost to the owner ofthe public UtiUty, and (

b) may give consideration to depreciation, amortization or depletion in respect of the property and to necessary working capital.

ofthe Board as may be required by the Board, shaU be paid monthly out ofthe General Revenue Fund.

(5) Section 69(2) presently reads:

(2) A copy of a regulation or order ofthe Board (

a) purporting to be printed by the Queen's Printer or (

b) contained a copy of The Alberta Gazette. and indicating that it is filed under the Regulations Act. shall be admitted in evidence as prima facie proof of the contents ofthe regulation or order and that it is filed under the Regulations Act on the date indicated.

(6) Section 82 presently reads: 82(1) In fixing just and reasonable rates, tolls or charges or schedules of them, to be imposed, observed and followed thereafter by an owner of a public utility, the Board shaU determine a rate base for the property ofthe owner of a public utility used or required to be used to provide service to the public within Alberta and on determining a rate base it shaUfix a fair return on the rate base.

(2) In determining a rate base under this section, the Board shaU give due consideration (

a) to the cost of the property when first devoted to public use. to prudent acquisition cost to the owner of the public utility, less depre ciation, amortization or depletion in respect of each. (a. 1) with respect to a public utility to which the Electric Energy Mar keting Act applies, specifically to that portion ofthe public utility that is at and upstream from the pooling interface, arui (

b) to necessary working capital.

(3) Infixing the fair return that an owner of a public utility is entitled to earn on the rate base, the Board shaU give due consideration to (

a) any effect on the public utUity ofthe Electric Energy Marketing Act, (

b) the price to be paid for electric energy to the public utility or by the public utility under the Electric Energy Marketing Act, arui (

c) all those facts that in the Board's opinion are relevant. Explanatory Notes

(

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

(4) Notwithstanding subsections (l)(b), (2,1) and (3), when fixing just and reasonable rates, toUs or charges or schedules of them to be imposed, observed and foUowed thereafter by an owner of a gas utiUty, the Board, in respect of aU or any portion of the property being constmcted or that has been constmcted or acquired but that is not yet being used and is intended to be used in the fiiture to provide service to the pubhc within Alberta, may adopt any just and reasonable basis for determining a method of calculating a fair retum on that property without estabUshing a rate base for that prop erty. In accordance with

section 4(1) ofthe

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

Explanatory Notes Title: 1983 (20th, 1st) Bill 45, Utilities Statutes Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3665
Type	bill
Volume / chapter	L20 S1 3665
Language	en
Format	json
Source	PROVINCIAL
Identifier	f848393a19db21e7a7d7921f6f98f2635f78e5c3

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