National Energy Board Electricity Regulations (SOR/97-130)

Short Title

1 These Regulations may be cited as the National Energy Board Electricity Regulations.

Interpretation

2 In these Regulations,

Act

Act means the National Energy Board Act; (Loi)

adjustment transfer

adjustment transfer means a transfer of power or energy to adjust energy account balances or to compensate for services rendered; (transfert en vue d’un redressement)

border accommodation transfer

border accommodation transfer means a transfer of power or energy for the purpose of providing electricity to

• (a) a person in the United States who lacks ready access to services from a power system in that country,

• (b) a work that is located in part in Canada and in part in the United States, or

• (c) a person in the United States who has lost service from a power system in that country as a result of an emergency; (transfert en vue d’un service frontalier)

carrier transfer

carrier transfer means a transfer of power or energy wheeled from one power system, through the circuits of another power system that acts as a carrier, for delivery to a third party or to the original power system; (transfert relatif au transport)

electricity transfer

electricity transfer means a transfer of any of the following classes, namely

• (a) a sale transfer,

• (b) an equichange transfer,

• (c) an adjustment transfer,

• (d) a carrier transfer, or

• (e) storage transfer; (transfert d’électricité)

energy

energy means the total quantity of energy in the form of electricity transmitted over a period of time, expressed in units of watt hours or multiples or sub-multiples of watt hours; (énergie)

environmental effect

environmental effect means, in respect of a project,

• (a) any change that the project may cause in the environment, including any effect of any such change on health and socio-economic conditions, on physical and cultural heritage, on the current use of lands and resources for traditional purposes by Aboriginal persons, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance,

• (b) repercussions on the environment of malfunctions or accidents that may occur and any cumulative repercussions on the environment that are likely to result from the project in combination with other projects or activities that have been or will be carried out, and

• (c) any change to the project that may be caused by the environment; (effets environnementaux)

equichange transfer

equichange transfer means an interchange of equal quantities of power or energy within a stated period; (transfert d’équivalents)

firm energy

firm energy means energy that is intended to be available at all specified times during a period covered by an agreement respecting the sale thereof; (énergie garantie)

firm power

firm power means power or power-production capacity that is intended to be available at all specified times during a period covered by an agreement respecting the sale thereof; (puissance garantie)

interruptible energy

interruptible energy means energy that is made available under an agreement that permits curtailment, interruption or cessation of delivery at the option of the supplier; (énergie interruptible)

interruptible power

interruptible power means power that is made available under an agreement that permits curtailment, interruption or cessation of delivery at the option of the supplier; (puissance interruptible)

notice

notice means a notice of the application for a permit, published by the applicant in accordance with section 58.12 or 119.04 of the Act; (avis)

permit

permit means an authorization for

• (a) the construction and operation of an international power line issued under Part III.1 of the Act, or

• (b) the exportation of electricity issued under Part VI of the Act; (permis)

power

power means the rate of transferring energy, expressed in units of watts or multiples or sub-multiples of watts; (puissance)

power line outside Canada

power line outside Canada means that part of a power line in the United States that is between its connection to the international power line at the border and the first switching station in the United States; (ligne située à l’étranger)

power system

power system includes the generating stations, transformers, switching stations, transmission lines, substations, distribution lines and circuits necessary for the production, transmission and distribution of electricity; (réseau d’électricité)

power transfer capability

power transfer capability means the amount of power that can be transferred from one power system to another without impairing the reliability criteria of the interconnected systems; (capacité de transfert de puissance)

sale transfer

sale transfer means a transfer of power or energy under a contract of sale; (transfert relatif à la vente)

storage transfer

storage transfer means a transfer of energy that is banked for the time being in the form of water in a reservoir of another power system, in the expectation that equivalent energy will be returned at a later time. (transfert en vue du stockage)

PART IInspection

• 3 (1) A member of the Board or any person who has the relevant training or experience and who is authorized by the Board in writing for the purpose may, with respect to any licence or permit issued under Division II of Part VI of the Act, inspect any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation of electricity, and conduct any tests that are necessary to conduct the inspection.

• (2) A person authorized by the Board to exercise any of the powers referred to in subsection (1) shall produce the authorization when requested to do so during the exercise of those powers.

• (3) Every person who is the operator or is in charge of any of the premises or things referred to in subsection (1) shall permit a member of the Board or a person authorized by the Board to exercise the powers referred to in that subsection and shall assist the member or person in exercising those powers.

PART IIInformation to Be Furnished by Applicants for Permits for the Construction and Operation of International Power Lines

International Power Lines of Less than 50 kV

4 An application for a permit for the construction and operation of an international power line that does not exceed an operating voltage of 50 kV shall contain the following information, unless the Board advises the applicant that the information is already in the possession of the Board or that the information is not relevant to the application:

• (a) the name of the applicant and any authorized representative of the applicant and their mailing address, address for personal service, telephone number and any other telecommunications numbers of the applicant or the authorized representative of the applicant;

• (b) the name and address of the owner and of the operator of the international power line in Canada, if the identity of the owner or operator is different from that of the applicant;

• (c) a proof of publication of the notice;

• (d) a description of any early public notification process implemented by the applicant;

• (e) a map, on a scale sufficient to locate and identify all essential features, showing

  • (i) all terminal points, the general route, the international boundary crossover point and the distance in kilometres from the international boundary crossover point to each terminal point of the international power line in and outside Canada,

  • (ii) the provinces, cities, towns, villages, park boundaries, rivers, major roads, railways and navigable waters through, under or across which the international power line is to pass, and

  • (iii) the power line outside Canada;

• (f) a plan of survey from which the international boundary crossover point can be accurately determined on the ground;

• (g) the name and address of the owner and the operator of the power line outside Canada;

• (h) a brief engineering description of the international power line, including:

  • (i) the voltage level,

  • (ii) the number and size of conductors,

  • (iii) the maximum power transfer capability, and

  • (iv) a single-line diagram identifying all the facilities that constitute the international power line;

• (i) a copy of any agreement between the applicant and the owner or the operator of the power line outside Canada dealing with the construction and operation of the international power line and the power line outside Canada;

• (j) in respect of environmental concerns,

  • (i) evidence to demonstrate that a screening is not required under the Canadian Environmental Assessment Act because the international power line is of a project or class that is listed in the Exclusion List Regulations, or

  • (ii) a description of the environmental effects, including a consideration of the following factors, namely,

    • (A) the significance of the environmental effects,

    • (B) comments received from the public, and

    • (C) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects;

• (k) a description of the approvals that are required to be obtained from all of the provinces through which the international power line will pass and a statement respecting the current status of the approvals; and

• (l) a description of any approvals that are required for the construction and operation of the power line outside Canada and a statement respecting the current status of the approvals.

International Power Lines Greater than 50 kV

5 An application for a permit for the construction and operation of an international power line that exceeds an operating voltage of 50 kV shall contain the following information, unless the Board advises the applicant that the information is already in the possession of the Board or that the information is not relevant to the application:

• (a) the name of the applicant and of any authorized representative of the applicant and their mailing address, address for personal service, telephone number and any other telecommunications numbers of the applicant or the authorized representative of the applicant;

• (b) in respect of the owner and the operator of the international power line,

  • (i) their names and addresses, where they are not the applicant,

  • (ii) a description of the power systems that each owns or operates, and

  • (iii) a copy of their most recent annual report;

• (c) a proof of publication of the notice;

• (d) a description of any early public notification process implemented by the applicant;

• (e) a map on a scale sufficient to locate and identify

  • (i) the general route and facility sites being considered,

  • (ii) the alternative route and facility sites under consideration,

  • (iii) the areas subject to physical and environmental constraints, including biophysical and land use or natural resource use constraints, that limit the general route or facility sites, and

  • (iv) the approximate sites of all proposed ancillary facilities;

• (f) a description of the environmental, land-use and other criteria used for the identification of the proposed, and any alternative, general route and major facility sites;

• (g) all terminal points and the international boundary crossover point;

• (h) the distance in kilometres from the international boundary crossover point to each terminal point;

• (i) a map, on a scale sufficient to locate and identify all essential features, showing

  • (i) all terminal points, the international boundary crossover point and the distance in kilometres from the international boundary crossover point to each terminal point of the international power line in and outside Canada,

  • (ii) the provinces, cities, towns, villages, park boundaries, rivers, major roads, railways and navigable waters through, under or across which the international power line is to pass, and

  • (iii) the power line outside Canada;

• (j) a plan of survey from which the international boundary crossover point can be accurately determined on the ground;

• (k) the name and address of the owner and of the operator of the power line outside Canada;

• (l) a copy of the most recent annual report of the owner and the operator of the power line outside Canada;

• (m) a brief engineering description of the proposed international power line, including

  • (i) the voltage level,

  • (ii) the number and size of conductors,

  • (iii) a description of the tower or other structures that will provide physical support for the international power line,

  • (iv) a single-line diagram identifying all the facilities that constitute the international power line,

  • (v) the power transfer capability for sustained transmission of power under winter and summer conditions, and

  • (vi) the criteria for the stated power transfer capability;

• (n) the total export and import power transfer capabilities, with and without the proposed international power line, of the applicant’s power system and of the power system to which it will be interconnected by the international power line, stating the criteria for those capabilities;

• (o) a copy of

  • (i) each interconnection agreement that relates to the construction of the international power line, and

  • (ii) any other agreement between the applicant and the owner or the operator of the power line outside Canada that relates to the construction and operation of the international power line and the power line outside Canada;

• (p) a description of the provincial requirements and associated review process that must be satisfied, including

  • (i) a description of the review process applicable to each approval that is required,

  • (ii) a description of any public consultation process provided for under the review process, and

  • (iii) a schedule for the review process;

• (q) a description of the approvals that are required to be obtained, including a statement respecting the current status of the approvals,

  • (i) from all the provinces through which the international power line will pass, and

  • (ii) from the appropriate authorities for the construction or operation of the power line outside Canada;

• (r) a schedule showing the projected dates for

  • (i) each approval referred to in subparagraph (q)(i), and

  • (ii) the start and completion of construction of the international power line and the power line outside Canada;

• (s) an environmental assessment report, which may consist of a screening report or a comprehensive study report done pursuant to the Canadian Environmental Assessment Act or a report done pursuant to provincial legislation, for the construction and operation of the international power line and of any associated temporary or permanent roads;

• (t) unless otherwise detailed in the report referred to in paragraph (s),

  • (i) a map showing the proposed general route and covering a width of at least one kilometre on each side of the international power line, on a scale sufficient to clearly show the existing environment, including the surface geology, the habitats of wildlife of ecological, economic or human importance, rare and endangered plant species, spawning beds, public recreational areas, parks, historic and archaeological sites, conservation areas, Indian reserves and existing land use, and a description of the environmental components shown on the map,

  • (ii) the width of the right-of-way proposed and the reasons why that width was selected,

  • (iii) a description of the environmental effects, including a consideration of the following factors, namely,

    • (A) the significance of the environmental effects,

    • (B) comments received from the public, and

    • (C) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects,

  • (iv) the measures that would be taken to minimize any adverse visual effects of the international power line,

  • (v) the levels of the radio and television interference expected at the edge of the right-of-way under fair and foul weather conditions at maximum loading of the international power line, and the measures to be taken to minimize the potential interference,

  • (vi) for operating voltages above 240 kV, the levels of noise, ozone concentration, electric field gradient and magnetic field strength expected at the edge of the right-of-way at maximum loading of the international power line, and the measures to be taken to protect people and animals, from electric shock on contacting vehicles or metallic structures,

  • (vii) for any substation that forms part of the international power line, the audible noise in decibels that would be caused by the operation of the facilities, a description of the public exposure to the noise and any measures to be taken to minimize the noise,

  • (viii) the pesticides and herbicides to be used in the construction and maintenance of the right-of-way, including

    • (A) quantities,

    • (B) methods of application,

    • (C) potential adverse environmental effects, and

    • (D) measures to be taken to mitigate any potential harmful effects,

  • (ix) the plans for surface restoration after construction and for the disposal of excavation and construction debris and wastes, and

  • (x) a statement of the applicant’s intentions with respect to environmental inspection of the project during construction and operation of the international power line;

• (u) for every comprehensive study report referred to in paragraph (s), in addition to the factors referred to in paragraph (t), a consideration of the following factors, namely,

  • (i) the purpose of the project,

  • (ii) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means,

  • (iii) the need for, and the requirements of, any follow-up programme in respect of the project,

  • (iv) the capacity of the renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future;

• (v) a description of any adverse effects on other provinces that operation of the proposed international power line at the power transfer capabilities referred to in paragraph (n) may have, including adverse effects on the operation of power systems in other provinces and the measures to be taken to mitigate or minimize those effects; and

• (w) a description of any safety and environmental standards, practices and procedures to be used in the design, construction and operation of the international power line, including the date of issue of any documents respecting those matters.