Orders Issued by the Board during 2004 under the Public Utilities Act

Newfoundland and Labrador Hydro                                                                        P.U. 1 (2004)

Application:

For approval  (i) its 2004 Capital Budget pursuant to s.41 (1) of the Act; (ii) its 2004 capital purchases and construction projects in excess of $50,000 pursuant to s.41 (3)(a) of the Act; and (iii) its estimated contributions in aid of construction for 2004 pursuant to s. 41 (5) of the Act.

Decision:

Pursuant to subsection 90(1) of the Act, (1) the costs of the Industrial Customers are filed at $23,629.53 (US) and (2) NLH shall, within 30 days, pay intervenor costs to the Industrial Customers in the amount of $23,629.53 (US).

Date Issued:

January 28, 2004

Newfoundland Power                                                                                              P.U. 2 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension to serve seasonal customers whose residents are located at Gould’s Pond near Hodgewater Line, pursuant to section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves a CIAC in the amount of $7,111.03, including HST, for each Seasonal Customer, as calculated under the CIAC Policy.

Date Issued:

February 3, 2004

Newfoundland Power                                                                                              P.U. 3 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension to serve seasonal customers and residential customers whose residents are located at Lily Brook, near the community of Terra Nova, pursuant to section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves a CIAC in the amount of $2,683.33, including HST, for each Seasonal Customer, and $199.33, including HST, for the Residential Customer, as calculated under the CIAC Policy.

Date Issued:

February 3, 2004

Newfoundland Power                                                                                              P.U. 4 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension

Decision:

Pursuant to section 41(5) of the Act, the Board approves a CIAC.

Date Issued:

February 3, 2004

Newfoundland and Labrador Hydro                                 P.U. 5 (2004) / Reasons For Decision

Application:

For approval to proceed with the construction and purchase of improvements and additions to its property, pursuant to s.41 (3) of the Act.

Decision:

1.   Pursuant to section 41(3) of the Act, (1) the Board approves the supplementary 2004 capital expenditures of: (i) $793,000 for the End User Evergreen Program; (ii) $638,800 for the Office Server Operating System and Productivity Tools Evergreen Program; and (iii) $102,000 for the engineering study into the Upper Salmon Power Canal – Slope Stabilization.

2.   NLH shall pay all the expenses of the Board arising from this application.

3.   There will be no Order as to the costs.

Date Issued:

February 5, 2004

Newfoundland and Labrador Hydro                                                                        P.U. 6 (2004)

Application:

For approval of the lease of office space for a five-month period in the Prince Charles Building to support its 2004 regulatory activities pursuant to Section 41 of the Act.

Decision:

Pursuant to section 41(3) of the Act, the Board approves the proposed five-month lease of office space in the Prince Charles Building for the amount of $1,200 per month, plus HST.

Date Issued:

March 9, 2004

Newfoundland and Labrador Hydro                                                                        P.U. 7 (2004)

Application:

For approval of the lease of real property upon which to continue to operate an ambient air monitoring station, pursuant to Section 41 of the Act.

Decision:

Pursuant to section 41(3) of the Act, the Board approves the proposed five-year lease of a parcel of land in the vicinity of Lawrence Pond in the Town of Conception Bay South upon which to continue to operate an ambient air monitoring station in the amount of $6,000 per year, plus HST.

Date Issued:

March 9, 2004

Newfoundland Power                                                                                              P.U. 8 (2004)

Application:

For approval of a contribution in aid of construction for a line extension to serve the Town of Avondale, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Fifty thousand nine hundred ninety-one dollars ($50,9991.00), including HST, as calculated under the CIAC Policy to provide three-phase service to a pumping station for the Town of Avondale.

Date Issued:

March 9, 2004

Newfoundland Power                                                                                              P.U. 9 (2004)

Application:

For approval of a contribution in aid of construction for a line extension to serve seasonal customers whose residences are located at Reid’s Pond near Whitbourne, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Six thousand four hundred eighty-four dollars and nineteen cents ($6,484.19), including HST, for each Seasonal Customer, as calculated under the Policy.

Date Issued:

April 15, 2004

Newfoundland Power                                                                                             P.U. 10(2004)

Application:

For approval of a contribution in aid of construction to provide single-phase service to a cellular telephone tower for Aliant Telecom Inc.

Decision:

Pursuant to section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Ninety-eight thousand six hundred forty-three dollars and fifty-five cents ($98,643.55), including HST, as calculated under the CIAC Policy to provide single-phase service to a cellular telephone tower for Aliant Telecom Inc.

Date Issued:

April 15, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 11 (2004)

Application:

For approval of a contribution in aid of construction for a line extension to serve an Attendants’ Cabin locate at the Torrent River Fishway, near Hawkes Bay, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Twenty-five thousand, two hundred ninety-two dollars and fifty-two cents ($25,292.52), including HST, as calculated under the CIAC Policy to provide single-phase electrical service to one (1) general service customer located at the Torrent River Fishway, near Hawkes Bay.

Date Issued:

April 15, 2004

Newfoundland Power                                                                                            P.U. 12 (2004)

Application:

For approval of a contribution in aid of construction for a line extension to serve the Town of Paradise, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Twenty-three thousand one hundred thirty-two dollars and ninety-four cents ($23,132.94), including HST, as calculated under the CIAC Policy to provide three-phase service to a pumping station for the Town of Paradise.

Date Issued:

April 15, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 13 (2004)

Application:

For approval of an additional 2004 capital expenditures, pursuant to Section 41(3) of the Act.

Decision:

Pursuant to section 41(3) of the Act, the Board approves the additional 2004 expenditure of $302,600 to replace a 300 kW diesel unit (#564) with a new 450 kW diesel unit in Port Hope Simpson.

Date Issued:

May 7, 2004

Newfoundland and Labrador Hydro                               P.U. 14 (2004), Appendices

Application:

Application by Newfoundland and Labrador Hydro (the “NLH”) for approval, inter alia, rates to be charged its customers (the “Application”) pursuant to the Electrical Power Control Act, 1994 and the Public Utilities Act R.S.N. 1990, Chapter P-47 and proposed amendments to the Rate Stabilization Plan.

Decision:

Please click Order for complete details.

Date Issued:

May 4, 2004

Newfoundland Power                                                                                            P.U. 15 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension to serve Humber Valley Resort Corporation located near Corner Brook pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves:

                                                                     I.      the deviation from the Residential Policy as described in paragraph 10 of the Application; and

                                                                   II.      the contribution in aid of construction of Thirty-three thousand six hundred ninety-two dollars and seventy cents ($33,692.70), including HST, as calculated under the Policy to provide single-phase service to 118 building lots and a marina.

Date Issued:

May 19, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 16 (2004)

Application:

For approval of an additional 2004 capital expenditures, pursuant to Section 41(3) of the Act.

Decision:

Pursuant to section 41(3) of the Act, the Board approves the additional 2004 expenditure of $465,000 for the upgrade to the security infrastructure, plan and procedures at Hydro’s Holyrood Marine Terminal.

Date Issued:

June 3, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 17 (2004)

Application:

Application by Newfoundland and Labrador Hydro (the “NLH”) for approval, inter alia, rates to be charged its customers (the “Application”) pursuant to the Electrical Power Control Act, 1994 and the Public Utilities Act R.S.N. 1990, Chapter P-47 and proposed amendments to the Rate Stabilization Plan.

Decision:

1.             The forecast average 2004 test year Rate Base is hereby approved to be $1,483,506,000.

2.             The Board hereby allows a Rate of Return on Rate Base, based on the 2004 test year, of 7.466%.

3.             The Board hereby approves the Schedule of Rates as filed by NLH, attached hereto as Schedule “A” of this Order, which excludes Rates for its Rural Isolated and Island Interconnected Customers.

4.             The Rates approved in Schedule “A” will be effective for consumption on and after July 1, 2004 for all customers, except Labrador Interconnected firm customers, whose rates will be effective for bills issued on and after July 1, 2004.

Date Issued:

June 11, 2004

Newfoundland Power                                                                                            P.U. 18 (2004)

Application:

Application for approval of (1) amendments to NP’s Rate Stabilization Clause and Municipal Tax Clause and (2) Rate Stabilization and Municipal Tax Adjustments to be applied to the rates of NP for the period July 1, 2004 to June 30, 2005, pursuant to Section 71 of the Act.

Decision:

The Board approves the following:

1.        the Rate Stabilization Clause set out in Schedule A;

2.        the Municipal Tax Clause set out in Schedule B; and

3.        the Rate Stabilization Adjustment of 0.688 cents/kWh and the Municipal Tax Adjustment factor of 1.02486 to be applied to all bills based on consumption on and after July 1, 2004 to June 30, 2005.

Date Issued:

June 25, 2004

Newfoundland Power                                                                            P.U. 19 (2004) Amended

Application:

Application to revise its schedule of rates, tolls and charges to permit recovery of additional costs payable to Newfoundland and Labrador Hydro for the supply of power as a result of Order No. P. U. 17(2004) and for the approval of an amendment to NP’s Rate Stabilization Clause.

Decision:

1.        The Board hereby approves the rates, tolls and charges attached in Schedule “A”, to be effective on all energy consumed on and after July 1, 2004 as well as other charges which are billed on and after that date.

2.        The Board hereby approves the Rate Stabilization Clause attached hereto and marked as Schedule “B”, effective July 1, 2004.

3.        All costs and expenses incurred by the Board in connection with the Application shall be borne by NP.

Date Issued:

June 25, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 20 (2004)

Application:

Application by Newfoundland and Labrador Hydro for approval of, inter alia, rates to be charged its customers and resulting Order Nos. P. U. 14(2004) and P. U. 17(2004).

Decision:

1.        The Board hereby approves the Schedule of Rates for Hydro’s Rural Isolated Customers, attached hereto as Schedule “A”, and the Schedule of Rates for Hydro’s Island Interconnected Customers, attached hereto as Schedule “B”, to be effective for consumption on and after July 1, 2004.

2.        The Board hereby approves the revisions to the Rules and Regulations, attached hereto as Schedule “C”, to be effective July 1, 2004.

3.           Hydro shall file a report with its next General Rate Application documenting any changes to its policies for automatic changes in rates for all of Hydro’s rural customers whose rates and rate changes are tied to NP’s rates that are necessary to ensure the policies are consistent with existing legislation, Government direction and Board Orders.

Date Issued:

June 25, 2004

Newfoundland Power                                                                                            P.U. 21 (2004)

Application:

For an Order rescinding Order No. P.U. 9(2004), pursuant to section 76 of the Act and approval of a revised contribution in aid of construction (“CIAC”) for a line extension to serve seasonal customers located at Reid’s Pond near Whitbourne, pursuant to Section 41(5) of the Act.

Decision:

1.       Pursuant to Section 76 of the Act, Order No. P.U. 9(2004) is hereby rescinded; and

2.       Pursuant to Section 41(5) of the Act, the Board approves:

a)      The CIAC of Six thousand four hundred eighty-four dollars and nineteen cents ($6,484.19), including HST, as calculated under the Policy; and

b)      the suspension of the payment of refunds to the Customers until such time as the shortfall of $420.41 per customer is recovered.

Date Issued:

July 6, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 22 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase extension to serve a Microwave Communications Tower located on Moliak Hill, near Rigolet, Labrador, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of five hundred seventy thousand, eight hundred and forty-six dollars ($570,846.00), including HST, for the supply of single-phase electrical service to one (1) general service customer, Aliant Telecom Incorporated’s Microwave Communications Tower site, located on Moliak Hill, near Rigolet, Labrador as calculated under the Policy.

Date Issued:

July 6, 2004

Newfoundland Power                                                                                            P.U. 23 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension to serve season customers located at Mobile First Pond near the community of Mobile pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves:

a)      the contribution in aid of construction in the amount of Two thousand four hundred seventy-one dollars and fifty-one cents ($2,471.51), including HST, as calculated under the Policy; and

b)      the suspension of the payment of the refunds to the Customers until such time as the shortfall of $522.22 per customer is recovered.

Date Issued:

July 6, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 24 (2004)

Application:

For approval of an award of costs to the Towns of Labrador City and Wabush resulting from Orders No. P.U. 14 and 17 (2004).

Decision:

1.       The amount of the award of costs to the Towns of Labrador City and Wabush in this matter is fixed at $55,000.

2.        Hydro shall, within 30 days of the date of this Order, pay the award of costs of $55,000 to the Towns of Labrador City and Wabush.

Date Issued:

July 8, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 25 (2004)

Application:

For approval of an award of costs to the Industrial Customers resulting from Orders No. P.U. 14 and 17 (2004).

Decision:

1.        The amount of the award of costs to the Industrial Customers in this matter is fixed at $315,000.

2.        Hydro shall, within 30 days of the date of this Order, pay the award of costs of $315,000 to the Industrial Customers.

Date Issued:

July 8, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 26 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension to serve the West Pond Cottage area, Halls Bay near South Brook Junction, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of nine hundred thirty-five dollars and seventy cents ($3,935.70), including HST, for the supply of single-phase electrical service to twenty-nine (29) seasonal residential customers located at the West Pond Cottage Area, Halls Bay, located near South Brook Junction, as calculated under the Policy.

Date Issued:

July 21, 2004

Newfoundland Power                                                                                            P.U. 27 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension to serve seasonal customers located at the Hell Pond Road near the community of La Manche, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Three thousand nine hundred twenty-one dollars and fifty cents ($3,921.50), including HST, as calculated under the Policy to provide single-phase service to Seasonal Customers located at Hell Hill Pond Road near La Manche.

Date Issued:

July 21, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 28 (2004)

Application:

For approval of additional 2004 capital expenditures pursuant to Section 41(3) of the Act.

Decision:

1.                          Pursuant to Section 41(3) of the Act, the Board approves the additional 2004 expenditure of $258,100 for the replacement of a diesel generating unit at Hydro’s Hopedale diesel generating station.

2.                          Hydro shall pay the expense of the Board arising from this matter.

Date Issued:

July 30, 2004

Newfoundland Power                                                                                            P.U. 29 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a line extension to serve Humber Valley Resort Corporation, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves:

(a)    the deviation from the Residential Policy as described in paragraph 9 of the Application; and

(b)    the contribution in aid of construction of Twenty-one thousand six hundred ninety-seven dollars and five cents ($21,697.05), including HST, as calculated under the Policy to provide single-phase service to 93 building lots.

Date Issued:

August 20, 2004

Newfoundland Power                                                                                            P.U. 30 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension to serve Seasonal Customers located at Saltwater Pond, near Cottrell’s Cove, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction in the amount of Four thousand three hundred fifty-one dollars and sixty cents ($4,351.60), including HST, as calculated under the Policy to provide single-phase service to Seasonal Customers located at Saltwater Pond, near Cottrell’s Cove.

Date Issued:

August 20, 2004

Newfoundland Power                                                                                            P.U. 31 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction

Date Issued:

August 20, 2004

Newfoundland Power                                                                                            P.U. 32 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the contribution in aid of construction.

Date Issued:

August 20, 2004

Newfoundland Power                                                                                            P.U. 33 (2004)

Application:

For approval of the balance of the weather normalization reserve as of December 31, 2003, pursuant to Sections 69(3) and 78 of the Act.

Decision:

Pursuant to Sections 69(3) and 78 of the Act, the Board approves NP’s weather normalization reserve of a Negative Balance of $10,434,575 as at December 31, 2003 be and the same is hereby approved.

Date Issued:

August 25, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 34 (2004)

Application:

For approval to relocate its mobile diesel generating units from Roddickton to St. Anthony; pursuant to Section 41 of the Act.

Decision:

1.       Pursuant to Section 38 of the Act, the Board consents to the relocation of Hydro’s two 850 kW mobile diesel generating units from Roddickton to St. Anthony.

2.        Pursuant to Section 41(3) of the Act, the Board approves the supplementary 2004 capital expenditure of $95,200 by Hydro to carry out the relocation of its two 850 kW mobile diesel generating units from Roddickton to St. Anthony

3.        Hydro will pay all costs of the Board associated with this Application.

Date Issued:

September 2, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 35 (2004)

Application:

For approval of a contribution in aid of construction (“CIAC”) for a single-phase line extension to serve the West Pond Cottage area, Halls Bay near South Brook Junction, pursuant to Section 41(5) of the Act.

Decision:

1.   Pursuant to Section 76 of the Act Order No. P. U. 26(2004) is hereby rescinded.

2.   Pursuant to Section 41(5) of the Act, the Board approves:

(i)   the contribution in aid of construction in the amount of three thousand, nine hundred thirty-five dollars and seventy cents ($3,935.70) each, including HST, for the supply of single-phase electrical service to twenty-two (22) Seasonal Residential Customers located at the West Pond Cottage Area, Halls Bay, located near South Brook Junction; and

(ii)  the suspension of the payment of refunds to the Customers until such time as the shortfall of $19,879.20 is recovered.

Date Issued:

September 9, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 36 (2004)

Application:

Request from Hydro for written consent of the Board for the termination of service and abandonment of the distribution line to the Nugget Pond Division of Richmont Mines Inc., at the Hammerdown mine site, pursuant to Section 38 of the Act.

Decision:

Pursuant to Section 38 of the Act, the Board consents to the termination of service and abandonment of the distribution line providing electrical service to the Nugget Pond Division of Richmont Mines Inc., at the Hammerdown mine site located near the community of King’s Point.

Date Issued:

September 9, 2004

Newfoundland Power                                                                                            P.U. 37 (2004)

Application:

Application for Approval of a Contribution In Aid of Construction (CIAC) for Inco Limtied’s Hydromet Demonstration Site located at Argentia.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the CIAC of Sixty-three thousand eight hundred thirty-two dollars and ninety-eight cents ($63,832.98), including HST, as calculated under the Policy to provide three-phase service to a nickel processing facility for Inco Limited.

Date Issued:

October 22, 2004

Newfoundland Power                                                                                            P.U. 38 (2004)

Application:

Application for Approval of a Contribution In Aid of Construction (CIAC) for a Seasonal Customer located near Port Blandford.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the CIAC of Six thousand five hundred ninety-four dollars and ten cents ($6,594.10), including HST, as calculated under the Policy to provide single-phase electrical service to Mr. Oscar Heaney at Port Blandford.

Date Issued:

October 22, 2004

Newfoundland Power                                                                                            P.U. 39 (2004)

Application:

Application for Approval of a Contribution In Aid of Construction (CIAC) for Seasonal Customers located at Beaver Pond Road near the existing George’s Lake Cottage Area.

Decision:

Pursuant to Section 41(5) of the Act, the Board approved the CIAC of Two thousand nine hundred eighty-nine dollars and one cent ($2,989.01) including HST, as calculated under the Policy to provide single-phase service to Seasonal Customers, located at Beaver Pond Road.

Date Issued:

October 22, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 40 (2004)

Application:

Proposal from Hydro for a range of return on rate base pursuant to Order No. P. U. 14(2004).

Decision:

1.  The Board approves a range of rate of return on rate base for Hydro of 30 basis points (±15 basis points), effective January 1, 2005.

2. The Board approves the definition of excess earnings as set out below, with any balance greater than zero as of December 31 of each year, commencing January 1, 2005, to be recorded in Hydro’s excess earnings account as a liability and reported to the Board as part of its annual financial report.

Definition of Excess Earnings

Excess earnings shall be defined as the greater of A-(B x C) and 0 where:

A = Actual return on rate base, calculated as net interest expense, including debt guarantee fee, plus net income

B = Actual average rate base, December 31

C = Upper limit of return on rate base, defined as Test Year Return on Rate Base + 15 basis points

Date Issued:

October 27, 2004

The Towns of Labrador City and Wabush                                                            P.U. 41 (2004)

Application:

Application by the Towns of Labrador City and Wabush for reconsideration of costs awarded in Order No. P.U. 24(2004)

Decision:

The application by the Towns of Labrador City and Wabush for reconsideration of Order No. P.U. 24(2004) is denied.

Date Issued:

October 27, 2004

The Industrial Customers                                                                                    P.U. 42 (2004)

Application:

Application by the Industrial Customers for reconsideration of costs awarded in Order No. P.U. 25 (2004).

Decision:

The application by the Industrial Customers for reconsideration of Order No. P.U. 24(2004) is denied.

Date Issued:

October 27, 2004

Newfoundland Power                                                                                            P.U. 43 (2004)

Application:

Application for approval of, pursuant to Sections 41, 78 and 80 of the Act:

(a) approving its 2005 Capital Budget of $48,141,000;

(b) (i) fixing and determining its average rate base for 2003 in the amount of $675,730,000; (ii) approving its revised forecast average rate base for 2004 in the amount of $713,072,000; and (iii) approving its forecast average rate base for 2005 in the amount of $740,142,000; and

(c) approving revised values for rate base and invested capital for use in the automatic adjustment formula (the “Automatic Adjustment Formula”) for the calculation of return on rate base for 2005 pursuant to Order No. P.U. 19 (2003).

Decision:

1.       Pursuant to Section 41(3) of the Act, NP’s capital purchases and construction projects in excess of $50,000, as set out in Schedule A this Order, are approved.

2.          Pursuant to Section 41(1) of the Act, the 2005 Capital Budget for improvement and additions to NP’s property in an amount of $48,141,000 is approved.

3.       Pursuant to Section 78 of the Act, the rate base for the year ending December 31, 2003 is hereby fixed and determined at $675,730,000.

4.       The forecast average rate base for 2004 in the amount of $713,072,000 and for 2005 in the amount of $740,142,000, are approved.

5.       Unless otherwise directed by the Board, NP shall file an annual report to the Board on its 2005 capital expenditures by March 1, 2006.

6.       Unless otherwise directed by the Board, NP shall provide in conjunction with the 2006 Capital Budget Application, a status report on the 2005 capital budget expenditures showing for each project:

            the approved budget for 2005;

            the expenditures prior to 2005;

            the 2005 expenditures to the date of the application;

            the remaining projected expenditures for 2005;  

            the variance between the projected total expenditures and the approved budget; and           

            an explanation of the variance.

7.       Unless otherwise directed by the Board, NP shall file with the Board, no later than its Capital Budget Application for 2006, a copy of the study with respect to NP’s strategy to assess all aspects of operating and capital expenditure associated with meter reading.

8.      Unless otherwise directed by the Board, NP shall file with the Board, no later than its Capital Budget Application for 2006, a report on the chosen alternative with respect to the Wesleyville Gas Turbine.

9.      NP shall pay all costs and expenses of the Board incurred in connection with the Application.

Date Issued:

November 22, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 44 (2004)

Application:

Newfoundland and Labrador Hydro Application for a Demand and Energy Rate to be charged Newfoundland Power Inc.

Decision:

1.       The Board approves the demand and energy rate to NP as proposed by Hydro to be effective January 1, 2005 as set out in Schedule 1 to this Order.

2.       The Board approves Hydro’s proposal for a three-year phase-in of the demand and energy rate to NP.

3.       Hydro shall file an application for subsequent adjustments to the demand and energy rate for NP in accordance with the proposed phase-in schedule.

4.       The Board approves the establishment by NP of a reserve as proposed.

5.       NP shall file an application no later than March 1 of each year for the disposition of the balance in the reserve for the previous year.

Date Issued:

December 8, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 45 (2004)

Application:

Newfoundland and Labrador Hydro Application for approval of a Contribution in Aid of Construction (CIAC) for a single-phase line extension to serve the Southwest Brook Microwave Communications Tower located approximately 17 km southwest of St. Julien’s Intersection on Route 432, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves the Contribution in Aid of Construction in the amount of nine hundred and eight thousand, four hundred and thirty-eight dollars (908,438.00), including HST, for the supply of single-phase electrical service to one (1) general service customer, Aliant Telecom Incorporated’s Southwest Brook Microwave Communications Tower, located on Route 432 approximately 17 km southwest of St. Julien’s Intersection, as calculated under the Policy.

Date Issued:

December 9, 2004

Newfoundland Power                                                                                            P.U. 46 (2004)

Application:

Application for approval of capital expenditures supplemental to Newfoundland Power Inc.’s (the “Company”) 2004 Capital Expenditures Budget approved by Order No. P. U. 35(2003)

Decision:

Pursuant to Section 41(3) of the Act, the Board approves:

a)       the construction projects and capital purchases totaling $100,000, as set forth in Schedule “B” to the Application; and

b)      the revised 2004 capital budget totaling $52,309,000 as set forth in Schedule “C” to the Application.

Date Issued:

December 9, 2004

Newfoundland Power                                                                                            P.U. 47 (2004)

Application:

Application for approval of a Contribution in Aid of Construction (CIAC) for a line extension to serve seasonal customers located at Goose Cove, near Trinity, Trinity Bay, pursuant to Section 41(5) of the Act.

Decision:

Pursuant to Section 41(5) of the Act, the Board approves a Contribution in Aid of Construction in the amount of Four thousand and one hundred eighty-three dollars and seventy cents ($4,183.70), including HST, as calculated under the Policy to provide single phase service to two seasonal customers, located at Goose Cove, near Trinity, Trinity Bay.

Date Issued:

December 9, 2004

Newfoundland Power                                                                                            P.U. 48 (2004)

Application:

Application for approval of (i) revised distribution line cost per metre for CIAC’s; (ii) revised distribution plant upgrade cost for CIAC’s; and (iii) revised contribution in aid of construction (CIAC) cost factors.

Decision:

1. (a)  Appendix A, Schedule A, Page 11 of 11 Revised, of the Contribution in Aid of Construction Policy: Distribution Line Extensions to Residential and Seasonal Residential Customers, approved by Order No. P.U. 32 (2001-2002) be and it is hereby rescinded and replaced by Appendix A, Schedule A, Page 11 of 11 Revised January 1, 2005, appended to this Order.

   (b)  Appendix A, Schedule B, Page 12 of 15 Revised January 31, 2002,

         Appendix B, Schedule C, Page 13 of 15 Revised January 31, 2002, and

         Appendix C, Schedule D, Page 14 of 15 Revised January 31, 2002

of the Contribution in Aid of Construction Policy: Distribution Line Extensions and Upgrades to General Service Customers, approved by Order No P.U. 32 (2001-2002) be and they are hereby rescinded and replaced by the following Appendices, and appended to this Order:

            Appendix A, Schedule B, Page 12 of 15 Revised January 1, 2005,

            Appendix B, Schedule C, Page 13 of 15 Revised January 1, 2005, and

            Appendix C, Schedule D, Page 14 of 15 Revised January 1, 2005.

   (c)  Appendix D, Schedule “E”, Page 15 of 15, Revised January 31, 2002

of the Contribution In Aid of Construction Policy, CIAC Cost Factors to General Service customers,  approved by Order No. P.U. 32 (2001-2002) be and it is hereby revised and replaced by the following appendix, and appended to this Order

Appendix D, Schedule “E”, Page 15 of 15, Revised January 1, 2005.

2.      The revised cost factors submitted with the application dated October 13, 2004, and approved above, are to be used in the calculation of all CIAC’s with effect from January 1, 2005, and, where advantageous to customers of the Newfoundland Power, on all CIAC’s quoted but unpaid as of January 1, 2005.

3.             Newfoundland Power submit a revised CIAC Policy in its entirety incorporating the revisions approved herein.

Date Issued:

December 9, 2004

Newfoundland Power                                                                                            P.U. 49 (2004)

Application:

Application for approval of a variation from generally accepted accounting principles concerning the amortization of costs associated with a proposed Early Retirement Program, pursuant to Section 58 of the Act.

Decision:

The Board approves the following treatment of the 2005 Retirement Program:

a)       the Ten-Year Amortization Methodology for the pension expense and the funding of the pension liability, and

b)      the Twenty-Four Month Amortization Methodology for the aggregate retirement allowance.

Date Issued:

December 9, 2004

Newfoundland Power                                                                                            P.U. 50 (2004)

Application:

Application for approval of a Proposed Rate of Return on Rate Base, a Proposed Definition of the Excess Earnings Account and a Proposed Schedule of Rates, Tolls and Charges, to be effective January 1, 2005, pursuant to the Automatic Adjustment Formula.

Decision:

The Board approves:

o       pursuant to Section 80 of the Act, a rate of return on rate base for 2005 of 8.68% in a range of 8.50% to 8.86%;

o       pursuant to Section 80 of the Act, a revised definition of the Excess Earnings Account, as set out in Schedule 1; and,

o       pursuant to Section 70 of the Act, the rates, tolls and charges, to be effective on all electrical usage on and after January 1, 2005, as set out in Schedule 2.

Date Issued:

December 9, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 51 (2004)

Application:

Newfoundland and Labrador Hydro Application for approval of the implementation of the 2005 rates to be charged to: (i) Hydro’s Labrador Interconnected customers in accordance with the five-year implementation of uniform rates for the Labardor Interconnected System; and (ii) Hydro’s Rural Isolated General Service customers on a demand and energy rate in accordance with the approved three-year phase-in.

Decision:

The Board hereby approves the Schedule of Rates for Hydro’s Labrador Interconnected Customers, attached hereto as Schedule “A”, to be effective for consumption on and after January 1, 2005.

Date Issued:

December 17, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 52 (2004)

Application:

Newfoundland and Labrador Hydro Application for approval of the implementation of the 2005 rates to be charged to Hydro’s: (i) Island Interconnected customers; (ii) Isolated Rural Domestic customers (excluding Government departments); (iii) Isolated Rural Street and Area Lighting (excluding Government departments); and (iv) Rural Isolated General Service customers.

Decision:

1.       The Board hereby approves the Schedule of Rates for Hydro’s Island Interconnected customers, Isolated Rural Domestic customers (excluding Government departments), Isolated Rural General Service customers (excluding Government departments), Isolated Rural Street and Area Lighting (excluding Government departments), attached hereto as Schedule “B”, to be effective for consumption on and after January 1, 2005.

2.       The revised page RR-1 of Hydro’s Rules and Regulations as attached in Schedule “C” is approved.

Date Issued:

December 17, 2004

Newfoundland and Labrador Hydro                               P.U. 53 (2004) / Reasons For Decision

Application:

Application for an Order pursuant to Sections 41 and 78 of the Act:

(i)      approving its 2005 Capital Budget of $42,431,000;

(ii)     approving its 2005 Capital Purchases, and Construction Projects in excess of $50,000;

(iii)    approving its Leases in excess of $5,000;

(iv)    approving its estimated Contributions in Aid of Construction for 2005; and

(v)     fixing and determining, pursuant to s. 78 of the Act, its Average Rate Base for 2003 in the amount of $1,422,412,000

Decision:

1.       Pursuant to subsection 41(3) of the Act, improvements and additions to Hydro’s property for construction and purchases in excess of $50,000, and leases in excess of $5,000 in a year, as set out in Schedule “A” attached to this Order are approved.

2.       Pursuant to subsection 41(1) of the Act, the 2005 Capital Budget for improvements and additions to Hydro’s property in the amount of $42,431,000 is approved.

3.       Pursuant to section 78 of the Act Hydro’s average rate base for the year ending December 31st, 2003 is hereby fixed and determined at $1,422,412,000.

4.       An allowance for unforeseen events of $1,000,000 is approved as part of the 2005 Capital Budget which allowance remains subject to the five conditions in respect thereof more particularly set forth in Order No. P.U. 7 (2002-2003).

5.       Each party shall bear its own costs incurred in connection with this Application.

6.       Hydro shall pay all costs and expenses of the Board incurred in connection with this Application.

Date Issued:

December 23, 2004

Newfoundland and Labrador Hydro                                                                      P.U. 54 (2004)

Application:

A request by Newfoundland and Labrador Hydro’s Industrial Customers (Abitibi-Consolidated of Canada at its Stephenville and Grand Falls divisions, Corner Brook Pulp and Paper Limited, and North Atlantic Refining Limited) through its legal counsel for an investigation into rates to be charged for 2005. 

Decision:

The request of the Industrial Customers for an investigation into rates to be charged by Hydro for 2005 is denied.

Date Issued:

December 23, 2004