AR 161/2003 COMMON FACILITIES COSTS REGULATION (Consolidated up to 51/2013)
ALBERTA REGULATION 161/2003
Electric Utilities Act
COMMON FACILITIES COSTS REGULATION
Table of Contents
2 Effect of this Regulation
3 Contribution to costs of common facilities
4 Reduced contribution
5 Payment of contribution
6 Other costs
9 Coming into force
1 In this Regulation,
(a) “Act” means the Electric Utilities Act;
(b) “committed capacity”, in respect of a generating unit, means the committed capacity of that generating unit as set out in the power purchase arrangement that applies to that generating unit;
(c) “common facilities”, in respect of a power plant, means the facilities identified as associated facilities in Schedule A of the power purchase arrangement that applies to the generating units at that power plant;
(d) “generating unit” means a generating unit to which a power purchase arrangement applies;
(e) “in‑service date” means the date a new generating unit begins to generate electric energy for the purpose of exchange but not for the purpose of testing or commissioning the unit;
(f) “maximum continuous rating”, in respect of a new generating unit, means the capacity, expressed in kilowatts, of the new generating unit, determined in the same manner as the committed capacity of the existing generating units at the power plant is determined;
(g) “new generating unit” means a generating unit that is constructed after January 1, 2001 and is designed to use common facilities.
Effect of this Regulation
2 Neither the enactment nor the implementation of this Regulation is considered to be a “change in law” as defined in the power purchase arrangements.
Contribution to costs of common facilities
3(1) If the owner of one or more generating units at a power plant constructs a new generating unit at the power plant, the owner must pay a share of the costs of the common facilities at the power plant,
(a) as specified in subsection (2), and
(b) as calculated under subsection (3).
(2) Each owner referred to in subsection (1) must pay
(a) an amount in respect of the common facilities referred to in Column 4 of the Schedule, and
(b) if the new generating unit is designed to use the common facilities referred to in any or all of Columns 1 to 3 of the Schedule, an amount in respect of those facilities.
(3) An amount payable under subsection (2) in respect of a new generating unit at a power plant is calculated by multiplying
(a) the amount shown in the appropriate column of the Schedule which is opposite to the number of years remaining in the term of the power purchase arrangement that applies to the existing generating units at the power plant,
(b) the maximum continuous rating of the new generating unit.
(4) To determine the number of years remaining in the term of a power purchase arrangement for the purpose of subsection (3)(a), the number
(a) must be calculated from the in‑service date for the new generating unit that is constructed at the power plant, and
(b) must be rounded up to the next full year where there is a portion of a year remaining in the term.
4(1) If an owner referred to in section 3(1) considers that an amount calculated under section 3(3) exceeds the cost to the owner of constructing its own facility for the purpose of a new generating unit, the owner may offer to pay a lesser amount.
(2) The Balancing Pool may agree to accept a lesser amount in place of an amount calculated under section 3(3) if, in the opinion of the Balancing Pool, the lesser amount represents the minimum reduction of the amount calculated under section 3(3) that is necessary to cause the owner to use a common facility for the purpose of the new generating unit instead of constructing its own facility.
Payment of contribution
5(1) An owner referred to in section 3(1) must make a payment required under this Regulation
(a) to the Balancing Pool, and
(b) on or before the in‑service date for the new generating unit that is constructed at the power plant occurs.
(2) The Balancing Pool may accept an earlier discounted payment if the Balancing Pool and the owner agree to the amount of the discount for early payment.
6 An amount payable under this Regulation by an owner referred to in section 3(1) is in addition to any other cost incurred by the owner that may be necessary to enable the owner to make use of the common facilities at a power plant for the purpose of the new generating unit.
7 The Common Facilities Costs Regulation (AR 139/2002) is repealed.
8 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on December 31, 2020.
AR 161/2003 s8;51/2013
Coming into force
9 This Regulation comes into force on the coming into force of Parts 1 to 10 of the Electric Utilities Act. Schedule
Common Facilities Column 1 Column 2 Column 3 Column 4 Number of years remaining in term Coal Mine Facilities Coal Handling Facilities Cooling Water Facilities
All Other Common Facilities 20
The amounts shown in Columns 1 to 4 are expressed in dollars per kilowatt of maximum continuous rating.