PART V REGULATION OF ELECTRICITY
Cost recovery, connecting generation facilities
79.1 (1) The Board, in approving just and reasonable rates for a distributor that incurs costs to make an eligible investment for the purpose of connecting or enabling the connection of a qualifying generation facility to its distribution system, may provide rate protection for prescribed consumers or classes of consumers in the distributor’s service area by reducing the rates that would otherwise apply in accordance with the prescribed rules. 2009, c. 12, Sched. D, s. 14; 2017, c. 2, Sched. 10, s. 2 (5). Distributor entitled to compensation re lost revenue (2) A distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (1) that is associated with costs that have been approved by the Board and incurred by the distributor to make an eligible investment referred to in subsection (1). 2009, c. 12, Sched. D, s. 14. Consumers’ contributions (3) All consumers are required to contribute towards the amount of any compensation required under subsection (2) in accordance with the regulations. 2009, c. 12, Sched. D, s. 14. Limitation (3.1) The rate protection through rate reduction to be provided in respect of a consumer and the compensation to be provided to a distributor under this section are subject to the limitation period provided for in the regulations, if any. 2021, c. 34, Sched. 9, s. 11 (3). Regulations (4) The Lieutenant Governor in Council may make regulations, (a)  prescribing consumers or classes of consumers eligible for rate protection under this section; (b)  prescribing criteria to be met by a qualifying generation facility; (c)  prescribing the criteria to be satisfied for an investment to be an eligible investment; (d)  prescribing rules for the calculation of the amount of the rate reduction; (e)  prescribing maximum amounts of the total annual value of rate protection that may be provided under this section; (f)  prescribing rules respecting the amounts that must be collected to compensate distributors, including rules, (i)  respecting the calculation of those amounts, (ii)  establishing the time and manner of collection, (iii)  requiring the amounts to be paid in instalments and requiring the payment of interest or penalties on late payments, (iv)  prescribing methods of ensuring that the amounts required cannot be bypassed, and (v)  respecting the distribution of the amounts collected; (g)  prescribing the powers and duties of the Board in relation to the calculation of amounts to be collected and the time and manner of collection and distribution; (g.1)  providing for and governing the limitation period for the purposes of subsection (3.1); (h)  respecting any other matter that the Lieutenant Governor in Council considers necessary for the purposes of this section. 2009, c. 12, Sched. D, s. 14; 2021, c. 34, Sched. 9, s. 11 (4). Definitions (5) In this section, “eligible investment” means an investment in the construction, expansion or reinforcement of a distribution line, transformer, plant or equipment used for conveying electricity at voltages of 50 kilovolts or less that meets the criteria prescribed by regulation; (“investissement admissible”) “qualifying generation facility” means a generation facility that meets the criteria prescribed by regulation. (“installation de production admissible”)  2009, c. 12, Sched. D, s. 14. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.1 (24) - 01/06/2006 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 2 - 01/04/2004 2004, c. 23, Sched. B, s. 20 - 01/01/2005 2009, c. 12, Sched. D, s. 14 - 09/09/2009 2017, c. 2, Sched. 10, s. 2 (5) - 22/03/2017 2021, c. 34, Sched. 9, s. 11 (3, 4) - 01/01/2022