cover image: Hydro-Québec : Reasons for decision in the matter of Hydro-Québec for exports to the New England Utilities

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20.500.12592/rz960f

Hydro-Québec : Reasons for decision in the matter of Hydro-Québec for exports to the New England Utilities

5 Nov 1999

On an application for a licence, the Board shall have regard to all considerations that appear to it to be relevant and, without limiting the generality of the foregoing, the Board shall (a) satisfy itself that the quantity of oil, gas or power to be exported does not exceed the surplus remaining after due allowance has been made for the reasonably foreseeable requirements for use in Canada having [...] It is the Board’s view that if it were to accept that those undeveloped resources not identified in the applicant’s generation expansion plan could be applied to supply the foreseeable Canadian requirements in the context of paragraph 83(a) of the Act with no regard to price, then the effect would be to nullify the protection of the public interest which is afforded by the surplus requirement as s [...] So too, argued the Applicant, would the insistence on the use of the offer mechanism go beyond the Board’s jurisdiction because nothing in the Act gives the Board the power, either directly or indirectly, to fix the price for power sold interprovincially or to force negotiations between provinces. [...] The Minister of Energy and Forestry of the Province of Prince Edward Island simply stated that the energy sought to be exported by Hydro-Québec is subject to the regulatory constraints imposed by the Act and the Regulations. [...] NB Power argued that even if the Board could dispense with the requirements of the second price test, since the test was a reflection of government policy and not merely a rule of the Board’s, the test must be followed unless there are cogent reasons why it is in the public interest to avoid it.
energy government politics economy electricity business electric power energy supply exports law energy industry contract economic sector price energy and resource constitution (law) hydro-québec nb power new brunswick power power (physics) churchill falls generating station decisions churchill falls nova scotia power corporation m.p new brunswick electric power commission hydro-electric hydro québec
Pages
21
Published in
Ottawa

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