Order UE94-03 - UE21005 - Maritime Electric - Point Lepreau Contract (Feb 28, 1994)

Docket UE21005
Order UE94-3

IN THE MATTER of an Application by Maritime Electric Company, Limited for approval to purchase capacity and energy produced at the Point Lepreau plant and for approval to amortize generation planning costs.

BEFORE THE COMMISSION

on Monday, the 28th day of February, 1994.

Linda Webber, Chair
John L. Blakney, Vice-Chair
Deborah MacLellan, Commissioner

Order

WHEREAS Maritime Electric Company, Limited (the "Company") by application dated October 21, 1993 applied to the Commission for approval of:

the purchase of capacity and energy under the terms of a 1994 Point Lepreau Participation Agreement for the period November 1, 1994 to October 1, 2000; and

the amortization of generation planning costs incurred during the past five years over the same period;

AND WHEREAS the Commission heard the application at public hearings conducted in Charlottetown on January 11, 12 and 13, 1994 after due public notice;

AND WHEREAS it appears to the Commission that the Company has satisfactorily demonstrated the need for new capacity and that further participation in the Point Lepreau plant is in the best interests of the Company and its customers;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Electric Power and Telephone Act

IT IS ORDERED THAT

1. The proposed 1994 Point Lepreau Participation Agreement is approved;

2. The Company shall make application to the Commission for approval of any proposed amendments to the Agreement, including any proposal to exercise any option, in sufficient time for such changes to be reviewed by the Commission and by interested parties;

3. The Company shall update the Commission annually, on matters related to the participation in Point Lepreau and the possible exercise of the option;

4. The Company shall amortize generation planning costs that have led up to this application on a straight line basis over the revised period January 1, 1994 to December 31, 2000;

5. This Order does not apply to proposed amendments to the agreement related to possible changes in ownership structure for the plant; and

6. The proposed amendments referred to in paragraph 5 herein will be considered by the Commission at a later date.

Written reasons for this order are to follow.

DATED at Charlottetown, Prince Edward Island, this 28th day of February, 1994.

BY THE COMMISSION:

Linda Webber, Chair

John L. Blakney, Vice-Chair

Deborah MacLellan, Commissioner

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.