R-6.01 - Act respecting the Régie de l’énergie

Section 49 Disposition versions

2024-03-27

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government;

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system; and

(12)  consider, as concerns the rates for the transmission of natural gas, the excess transmission capacity referred to in subparagraph a of subparagraph 3 of the first paragraph of section 72.

When fixing rates for the delivery of natural gas, the Régie must also consider the total annual amount a natural gas distributor allocates to carrying out the programs and measures for which the distributor is responsible under section 10.2 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001).

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38; 2011, c. 16, Sch. II, s. 50; 2016, c. 35, ss. 1 and 7; 2024, c. 5, s. 26.

2017-04-01

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government;

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system; and

(12)  consider, as concerns the rates for the transmission of natural gas, the excess transmission capacity referred to in subparagraph a of subparagraph 3 of the first paragraph of section 72.

When fixing rates for the delivery of natural gas, the Régie must also consider the total annual amount a natural gas distributor allocates to carrying out the programs and measures for which the distributor is responsible under the energy transition, innovation and efficiency master plan.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38; 2011, c. 16, Sch. II, s. 50; 2016, c. 35, ss. 1 and 7.

2016-12-10

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government;

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system; and

(12)  consider, as concerns the rates for the transmission of natural gas, the excess transmission capacity referred to in subparagraph a of subparagraph 3 of the first paragraph of section 72.

When fixing rates for the delivery of natural gas, the Régie must also consider the total annual amount a natural gas distributor allocates to energy efficiency and innovation.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38; 2011, c. 16, Sch. II, s. 50; 2016, c. 35, s. 7.

2011-07-01

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government; and

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system.

When fixing rates for the delivery of natural gas, the Régie must also consider the total annual amount a natural gas distributor allocates to energy efficiency and innovation.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38; 2011, c. 16, Sch. II, s. 50.

2006-12-13

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government; and

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system.

When fixing rates for the delivery of natural gas, the Régie must also consider the total annual amount a natural gas distributor must allocate to energy efficiency and new energy technologies.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38.

2000-06-16

49. When fixing or modifying rates for the transmission of electric power or for the transmission, delivery or storage of natural gas, the Régie shall, in particular,

(1)  determine the rate base of the electric power carrier or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

(2)  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

(3)  allow a reasonable return on the rate base;

(4)  favour measures or incentives to improve the performance of the electric power carrier or a natural gas distributor and the satisfaction of consumer needs;

(5)  ensure that financial ratios are maintained;

(6)  consider the cost of service, the varying risks according to classes of consumers and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by order by the Government; and

(11)  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49; 2000, c. 22, s. 11.

1997-06-02

49. When fixing or modifying rates, the Régie shall, in particular,

(1)  determine the rate base of the distributor after giving due consideration to the fair value of the assets it considers prudently acquired and useful for the operation of electric power production equipment, of a transmission system or of a distribution system, as well as to the undepreciated research and development and marketing expenditures, commercial programs, preliminary expenses and the working capital required for the operation of such equipment and systems;

(2)  determine the overall amounts of expenditure it considers necessary to cover the cost to the distributor of providing the service, including the cost of acquisition;

(3)  allow a reasonable return on the rate base of the distributor;

(4)  determine measures and incentives for improved distributor performance and increased satisfaction of consumer needs;

(5)  ensure that the distributor’s financial ratios are maintained;

(6)  consider the distributor’s cost of service, the varying risks according to classes of consumers, the competition between the various forms of energy and the maintenance of equity between rate classes;

(7)  ascertain that the rates and other conditions for the provision of the service are fair and reasonable;

(8)  consider the distributor’s sales forecasts;

(9)  consider service quality;

(10)  consider such economic, social and environmental concerns as have been identified by the Government.

The Régie may, in respect of a consumer or class of consumers, fix a rate to compensate for energy savings which are not beneficial for the distributor but are beneficial for the consumer or class of consumers.

The Régie may use any other method it considers appropriate.

1996, c. 61, s. 49.