National Energy Board Cost Recovery Regulations

4.1 (1) A large oil pipeline company, large gas pipeline company or large commodity pipeline company is not required to pay the portion of a cost recovery charge or administration levy payable under section 4 that exceeds 2% of the estimate of the cost of service in respect of the company for the year in question if

• (a) in the case of a large oil pipeline company or a large gas pipeline company, the company files a request for relief with the Board within 30 days after the day on which the Board notifies the company of the cost recovery charge payable by the company in that year;

• (b) in the case of a large commodity pipeline company, the company files a request for relief with the Board within 30 days after the date of the Board’s invoice to the company for the administration levy payable in that year; and

• (c) the request for relief includes the company’s estimated cost of service for that year.

(2) After consultation with the company that filed the request, the Board may, by December 15 in the year in which the request is filed, adjust the company’s estimated cost of service if

• (a) the actual circumstances of the company are different in a material respect from the circumstances reported by the company in its request; or

• (b) there is an error or omission in the calculation of the estimate.

(3) to (5) [Repealed, SOR/2009-307, s. 5]

(6) Any company that obtains relief under this section shall provide to the Board, on or before August 31 of the following year, its actual cost of service for the year in respect of which the relief is obtained.

(7) If, in respect of any year, relief is obtained under this section by one or more large oil pipeline companies, the Board shall, on or before September 30 of the following year, determine the revised amount of relief for each of those companies, which amount shall be the portion of the revised and adjusted cost recovery charge calculated in accordance with section 17 that exceeds 2% of the actual cost of service for the company for the year in respect of which the relief is obtained.

(8) If, in respect of any year, relief is obtained under this section by one or more large gas pipeline companies, the Board shall, on or before September 30 of the following year, determine the revised amount of relief for each of those companies, which amount shall be the portion of the revised and adjusted cost recovery charge calculated in accordance with section 17 that exceeds 2% of the actual cost of service for the company for the year in respect of which the relief is obtained.