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. Canadian Electricity Association

.. .. Assoclatio. cenadle••e del'electrici" www.canelect.ca

Bob LaRocque Acting Chief, Waste Program Waste Reduction and Management Environment Canada 70 Cremazie Gatineau, Quebec Canada K1A OH3 November 23, 2008 Dear Mr. LaRocque Re: Electricity Sector Concerns with PCB Regulations On behalfofCanadian Electricity Sector member companies I would like to thank you for meeting with us on November 12 th to discuss the PCB regulations released in September. CEA had sent you a letter on Friday November 

## i h seeking clarification in interpreting a number ofareas ofthe regulations. You provided the information requested for a good number ofthese areas, and committed to consider and further discuss others. One key area of outstanding concern discussed is the treatment of a set ofequipment located at generation, transmission or distribution facilities with unknown levels ofpotential PCB contamination. This letter identifies the equipment and outlines the issues ofconcern. The key issue with this group ofequipment is that the levels ofPCB contamination, if any, are unknown. Testing the majority ofthis type ofequipment is impractical for the following reasons: • Sealed, specialized equipment, which is critical to the safe and reliable operation of the power system would be destroyed in testing; and

• Prolonged, unplanned outages at major power substations and generating stations would need to be taken to remove equipment from service. It would be impossible for the electricity sector to schedule these outages by the end of2009 without placing the reliability ofthe power system at significant risk. It is for these reasons that the electricity sector has serious concerns about its ability to comply with the regulatory requirement that this type ofequipment, with contamination levels greater than 500 mg/kg PCB, must be removed from service by 2009. Although it is anticipated that the number ofunits that would contain PCBs in a concentration ofgreater than 500 mg/kg would be low, large numbers ofequipment would have to be destroyed to



### oSparks Street.suite 907. Ottawa. Ontario Canada KIR 7S8

.: 16131230·9263· fax: 1613) 230·9326" info@eaneleeLea The voice of Canadian Electricity 350 rue Sparks. bureau 907. Ottawa. Ontario Canada Kl A 7 Tsl.: (613) 230·9263 • Telee,: (613) 230·9326 • info@eaneleet. La voix de I'electricite canadienne(/{

. Canadian Electricity Association

# :~' Associatio. canadle
... dal'i1actricit8 www.canelect.ca verify this; placing the electrical system at increased risk due to the number ofunplanned outages. From the outset ofthe discussions with Environment Canada on the PCB regulations early in the decade, CEA has been proposing that this group ofequipment be treated in a similar manner to poletop transformers: to have out of service requirement dates that would facilitate planning cycles for maintenance and management practices and reasonable capital stock turnover. The Canada Gazette I draft ofthe PCB regulations did this in Section 18(c) (A person may continue to use, until December 31, 2025
.... current transformers, potential transformers, circuit breakers, reclosers and bushings that are located at an electrical generation, transmission or distribution facility). Unfortunately this appears to have been dropped in the final version ofthe regulations published in Canada Gazette II. CEA is proposing that an end ofuse date of2025 be assigned to this equipment through revisions to the regulations that: reinstates the language from the Canadian Gazette I Section 18(c); adopts alternative language; uses other non-regulatory method. This is an extremely important issue for the sector and we hope you can accommodate our request. Other materials, including a redraft ofthe full equipment table for the purpose of clarifying the interpretation of "pole top transformers and their auxiliary equipment" and the end ofuse requirements for other equipment will be forwarded to you under separate cover. We look forward to discussing this further with you. Yours Sincerely CANADIAN ELECTRICITY ASSOCIAnON Original signed. Victoria Christie Senior Advisor, Environmental Affairs

cc CEA PCB Task Group Eli Turk, Vice President Government Relations, CEA Carolyne Blain, Director, Waste Reduction and Management, EC

oSparks Street, suite 907, Ottawa, Ontario Canada K1R 7S8

.: 16131230·9263· fax; (6131230·9326· info@canelectca The voice of Canadian Electricity 350 rue Sparks, bureau 907, Ottawa, Ontario Canada K1 R7S Ts!.: (613) 230·9263·**T~I~c.:** 1613) 230·9326 • info@canelect La voix de I'electricite canadtenne