National Energy Board Cost Recovery Regulations
17 (1) On or before September 30 in every year, the Board shall, for the purpose of adjusting the cost recovery charge for each large oil pipeline company, large gas pipeline company and large electricity exporter, calculate a revised cost recovery charge for each of those companies or exporters for the preceding year.
(2) Subject to subsection (2.1), the revised cost recovery charge of a large oil pipeline company for the year preceding the current year is equal to the amount determined by the formula
A x B/C
where
- A
- is the revised total amount of costs determined in accordance with paragraph 16(a);
- B
- is the actual deliveries, in cubic metres, of that company for that preceding year, as determined by the Board pursuant to section 15; and
- C
- is the aggregate of the actual deliveries, in cubic metres, for that preceding year, of all the large oil pipeline companies, as determined by the Board pursuant to section 15.
(2.1) The revised cost recovery charge of a large oil pipeline company determined under subsection (2) shall be adjusted as follows:
(a) in the case of a large oil pipeline company that obtained relief under section 4.1 in respect of the year preceding the current year,
(i) if the revised amount of relief determined by the Board in accordance with subsection 4.1(7) is greater than the amount of relief obtained, the revised cost recovery charge shall be reduced by the difference between the revised amount of relief and the amount of relief obtained, and
(ii) if the revised amount of relief determined by the Board in accordance with subsection 4.1(7) is less than the amount of relief obtained, the revised cost recovery charge shall be increased by the difference between the amount of relief obtained and the revised amount of relief; and
(b) in the case of a large oil pipeline company that did not obtain relief under section 4.1 in respect of the year preceding the current year,
(i) if the revised cost recovery charge increase determined by the Board under section 16.1 is less than the increase determined under paragraph 14.1(1)(b), the revised cost recovery charge shall be reduced by the difference between the increase and the revised increase, and
(ii) if the revised cost recovery charge increase determined by the Board under section 16.1 is greater than the increase determined under paragraph 14.1(1)(b), the revised cost recovery charge shall be increased by the difference between the revised increase and the increase.
(3) Subject to subsection (3.1), the revised cost recovery charge of a large gas pipeline company for the year preceding the current year is equal to the amount determined by the formula
A x B/C
where
- A
- is the revised total amount of costs determined in accordance with paragraph 16(b);
- B
- is the actual deliveries, in cubic metres, of that company for that preceding year, as determined by the Board pursuant to section 15; and
- C
- is the aggregate of the actual deliveries, in cubic metres, for that preceding year, of all the large gas pipeline companies, as determined by the Board pursuant to section 15.
(3.1) The revised cost recovery charge of a large gas pipeline company determined under subsection (3) shall be adjusted as follows:
(a) in the case of a large gas pipeline company that obtained relief under section 4.1 in respect of the year preceding the current year,
(i) if the revised amount of relief determined by the Board in accordance with subsection 4.1(8) is greater than the amount of relief obtained, the revised cost recovery charge shall be reduced by the difference between the revised amount of relief and the amount of relief obtained, and
(ii) if the revised amount of relief determined by the Board in accordance with subsection 4.1(8) is less than the amount of relief obtained, the revised cost recovery charge shall be increased by the difference between the amount of relief obtained and the revised amount of relief; and
(b) in the case of a large gas pipeline company that did not obtain relief under section 4.1 in respect of the year preceding the current year,
(i) if the revised cost recovery charge increase determined by the Board under section 16.2 is less than the increase determined under paragraph 14.1(2)(b), the revised cost recovery charge shall be reduced by the difference between the increase and the revised increase, and
(ii) if the revised cost recovery charge increase determined by the Board under section 16.2 is greater than the increase determined under paragraph 14.1(2)(b), the revised cost recovery charge shall be increased by the difference between the revised increase and the increase.
(4) The revised cost recovery charge of a large electricity exporter is the greater of $500 and the amount determined by the formula
A x B/C
where
- A
- is the revised total amount of costs determined in accordance with paragraph 16(c);
- B
- is the aggregate of the actual firm and interruptible sale transfers and equichange transfers of electricity, in megawatt hours, of that exporter for the four years preceding the current year, as determined by the Board from its export database and pursuant to section 15; and
- C
- is the aggregate of the actual firm and interruptible sale transfers and equichange transfers of electricity, in megawatt hours, of all the large electricity exporters for the four years preceding the current year, as determined by the Board from its export database and pursuant to section 15.
- SOR/98-267, s. 7
- SOR/2002-375, s. 8
- Date modified: