Electricity Filing Manual – Chapter 3 – Common Information Requirements
This chapter outlines the filing requirements that are of a general administrative nature:
- a description of, and justification for, the Board authorization being sought by the applicant;
- details regarding the applicant, owners and operators of the IPL; and
- details regarding the publication of Notice.
- 3.1 Action Sought by Applicant
- 3.2 Project Proponents
- 3.3 Proof of Publication of Notice
3.1 Action Sought by Applicant
The application states the request being made, the reasons for it, and what action is being requested of the Board.
3.1.1 Project Summary
The application must contain a concise description of the proposed project.
In describing what authorization is being sought from the Board, it is necessary to provide a summary overview of key facts concerning where the project is situated and what the project entails.
3.1.2 Board Authorization Being Sought
The application must state what authorization is being sought and the provisions of the Act under which the application is made.
Types of Authorizations
Part III.1, sections 58.1 to 58.4 of the NEB Act govern construction and operation of power lines. Applicants can apply for two types of authorizations: permits and election certificates. Permits do not require a public hearing and can be granted more expeditiously, if the application is complete and suitable. Election Certificates require a full public hearing process. Applicants can apply for a permit, but the Board once it has reviewed the application, may recommend to the Minister that the IPL be designated by order of the GIC which would mean the IPL would require a certificate and thus a public hearing. The latter is a designation order certificate distinct from an election certificate from an implementatation pespective.
Applicants can also consider whether they want the Board or the province to have jurisdiction over the life of the facilities. In the case of permits or designation order certificates , authority over the facilities reverts to the province once the permit or designation order certificate is granted. For election certificates, the applied-for facilities would fall under Board jurisdiction as the provisions of the NEB Act would apply and not the laws of a province.
3.1.3 Project Justification
The application clearly articulates the justification and rationale for the proposed project and authorization being sought from the Board.
The application should provide justification for the authorization being sought. This should describe the purpose of the proposed project, the need that would be addressed by the project and how the project is an appropriate option to meeting the need while serving the public interest.
3.2 Project Proponents
The application identifies the parties involved in the proposal of the project and provides their contact information.
The application must contain:
- the name of the applicant and any authorized representative of the applicant, their mailing address, address for personal service, telephone number and any other contact information;
- the names and addresses of the owner and the operator of the IPL, if they are different from the applicant, and a description of the power systems that each owns and operates; and
- the name and address of the owner and operator of the power line outside Canada.
3.3 Proof of Publication of Notice
Applicants for certificate applications will be supplied with direction on how to publish a Notice of Hearing and its contents by the Board in the Hearing Order to be issued once the Board has decided to set an application down for a hearing. This requirement most commonly would require publication in selected newspapers or other publications along the route.
All applicants for IPL permits are required by the NEB Act (s.58.12) to publish a Notice at the time of the application. This is to be published in the Canada Gazette, Part I in both official languages and other publications as the NEB considers appropriate. Board staff can assist proponents in finding recent examples during a pre-application meeting.
In addition, applicants for IPL permits are directed
- for IPL permits exceeding 50 kV, to serve a copy of their application and Notice on each directly interconnected Canadian utility, and
- to publish the Notice on the same date (insofar as it is possible to do so) as publication occurs in the Canada Gazette, Part 1 as follows:
- in English in the largest paid general circulation English language newspaper and in French in the largest paid general circulation French language newspaper, published in the most populous community along the route;
- if the community referred to above is not served by a general circulation English and a general circulation French language newspaper, the Notice must be published in both official languages in the newspaper which has the largest paid circulation in that community.
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