Orders Issued by the Board during 2009 under the Public Utilities Act

Newfoundland and Labrador Hydro                                                                        P.U. 1 (2009)

Application:

Application for approval of rates to be charged for the supply of power and energy by Newfoundland and Labrador Hydro to Non-Government Rural Isolated Domestic and General Service customers, pursuant to Sections 70 and 71 of the Act.

Decision:

1.       Order No. P.U. 38(2008) is rescinded.

2.       The rates for Non-Government Rural Isolated Domestic and General Service customers are approved as set out in Schedule A, effective January 1, 2009.

3.       Hydro shall file no later than September 30, 2009 an application for approval of rates to be effective January 1, 2010 for its Non-Government Rural Isolated Domestic and General Service customers.

Date Issued:

January 5, 2009

Newfoundland and Labrador Hydro                                                                        P.U. 2 (2009)

Application:

Application for approval to relocate portable generating units maintained at St. Anthony in accordance with Order No. P. U. 34(2004).

Decision:

1.       Hydro’s application to retain the Portable Generators at the Nain diesel generating station while it is being repaired following the September 7, 2008 fire is approved.

2.       Hydro’s application for approval to return the Portable Generators to St. Anthony after completion of the repairs at the Nain diesel generating station and retain the Portable Generators at St. Anthony except for times when they are needed or useful to provide operation benefits for temporary deployment elsewhere is not approved as the location and conditions on usage of the Portable Generators will be determined as part of a general review by the Board of Hydro’s preparedness and planning in relation to standby/portable generation.

3.       Hydro shall pay the expenses of the Board arising from this matter.

Date Issued:

January 20, 2009

Newfoundland Power Inc.                                                                                       P.U. 3 (2009)

Application:

Application for an Order approving a revised definition of the Excess Earnings Account.

Decision:

1.       The Board approves, pursuant to Section 58 of the Act, the definition of the Excess Earnings Account as set out in Schedule A.

2.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

January 27, 2009

Newfoundland and Labrador Hydro                                                                        P.U. 4 (2009)

Application:

Application for approval of a capital project to replace the power transformer at the Wiltondale Terminal Station.

Decision:

1.       The capital expenditure of $351,000 for the replacement of the power transformer at the Wiltondale terminal station is approved.

2.       Hydro shall pay the expenses of the Board incurred in connection with this Application.

Date Issued:

January 27, 2009

Newfoundland Power Inc.                                                                      P.U. 5 (2009) Amended

Application:

Application for approval of:

                                                               i.      revised distribution line cost per metre for Contributions in Aid of Construction (CIAC’s);

                                                             ii.      revised distribution plan upgrade cost for CIAC’s; and

                                                            iii.      revised CIAC cost factors.

Decision:

1.       The revised cost factors submitted with the Application and contained in Schedules “A”, “B”, “C” and an amended Schedule “D” attached to this Order are approved to be used in the calculation of all CIAC’s with effect from January 28, 2009, and, where advantageous to customers of Newfoundland Power, on all CIAC’s quoted but unpaid as of January 28, 2009.

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

Date Issued:

February 3, 2009

Newfoundland and Labrador Hydro                                                                        P.U. 6 (2009)

Application:

Application for approval of the Rate Stabilization Plan components of the rates to be charged to Island Industrial Customers pursuant to Section 41(3) of the Act.

Decision:

1.       Hydro shall make application to finalize the interim rates, rules and regulations for the Island Industrial Customers by June 30, 2009.

2.       The continuation of the rates, rules and regulations for Hydro’s Island Industrial Customers is approved on an interim basis until a final Order of the Board with respect to the finalization of rates.

3.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

January 30, 2009

Newfoundland Power Inc.                                                                                       P.U. 7 (2009)

Application:

Application for an Order approving a Contribution in Aid of Construction (CIAC) for a Three-Phase Service for the City of St. John’s.

Decision:

1.       The CIAC of Seventy-nine thousand five hundred three dollars and thirty-four cents ($79,503.34), including HST, as calculated under the Policy to provide three-phase service to a gas extraction plant for the City of St. John’s, is approved.

2.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

March 9, 2009

Newfoundland and Labrador Hydro                                                                        P.U. 8 (2009)

Application:

Application for approval of a capital project to replace programmable logic controllers at the Holyrood Thermal Generating Station pursuant to Section 41(3) of the Act.

Decision:

1.       The Board approves the capital expenditures of $1,092,900 for the replacement of the programmable logic controllers at the Gas Turbine Plant.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

March 12, 2009

Newfoundland and Labrador Hydro                                                                        P.U. 9 (2009)

Application:

Application for approval of a capital expenditure to replace the Operator Console for the Stephenville Gas Turbine pursuant to Section 41(3) of the Act.

Decision:

1.       The request for approval of a capital expenditure of $119,500 for the replacement of the Operator Console for the Stephenville Gas Turbine is denied.

2.       Hydro shall pay the expenses of the Board incurred in connection with this Application.

Date Issued:

March 20, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 10 (2009)

Application:

Application for approval of a capital project to upgrade the Continuous Emission Monitoring System at the Holyrood Thermal Generating Station pursuant to Section 41(3) of the Act.

Decision:

1.       The Board approves the capital expenditures of $703,700 for the upgrade of the continuous emission monitoring system at the Holyrood Thermal Generating Station pursuant to Section 41(3) of the Act.

2.       Hydro shall all expenses of the Board arising from this Application.

Date Issued:

March 20, 2009

Newfoundland Power Inc.                                                                                     P.U. 11 (2009)

Application:

Application for an Order approving the issue of Series AM First Mortgage Sinking Fund Bonds pursuant to Section 91 of the Act.

Decision:

1.       The Board approves, pursuant to Section 91 of the Act, the issuance by Newfoundland Power of Series AM First Mortgage Sinking Fund Bonds in an amount of up to $75,000,000 and on the general terms set out in the Application subject to the following conditions:

(a)                The Bonds shall be issued on or before December 31, 2009.

(b)                Newfoundland Power shall provide the Board an Affidavit specifying the terms and conditions of the Bond issue within five (5) days (non-business days excepted) after closing the Bond issue.  In particular, the Affidavit shall set forth the following:

i.                     date of the issue;

ii.                   term;

iii.                  maturity date;

iv.                 principal amount;

v.                   coupon rate;

vi.                 particulars of sinking fund, if any;

vii.                price to the public and to the underwriters;

viii.              yield to the public;

ix.                 underwriting fee;

x.                   actual cost (i.e. yield) to Newfoundland Power; and

xi.                 any other material terms or conditions not contemplated at the date of the Application but forming part of the negotiated terms and conditions.

(c)                Newfoundland Power shall provide to the Board a copy of the Underwriting Agreement relating to the Bond issue within five (5) days (non-business days excepted) after closing the Bond issue.

(d)                The proceeds of the Bond issue shall be used in the manner set out in paragraph 9 of the Application, and Newfoundland Power shall report by Affidavit to the Board on the disposition of the proceeds no later than January 15, 2010.

2.       Newfoundland Power shall pay all costs and expenses of the Board in connection with this Application..

Date Issued:

March 20, 2009

Newfoundland Power Inc.                                                                                     P.U. 12 (2009)

Application:

Application for an Order approving the balance in the Weather Normalization Reserve pursuant to Section 91 of the Act.

Decision:

1.       The Board approves Newfoundland Power ‘s Weather Normalization Reserve of a negative balance of $5,910,271 as of December 31, 2008 pursuant to subsections 69(3) and 78 of the Act.

2.       Newfoundland Power shall pay all costs and expenses of the Board in connection with this Application.

Date Issued:

March 20, 2009

Newfoundland Power Inc.                                                                                     P.U. 13 (2009)

Application:

Application for an Order approving the deferred recovery of certain 2009 costs associated with an energy conservation program to be implemented in 2009.

Decision:

1.       The Board approves the creation of a Conservation Cost Deferral Account as defined in Schedule “A” to this Order to provide for the deferred recovery, until a further Order of the Board, of 2009 costs (net of tax) related to the implementation of the Conservation Plan, estimated to be $1.4 million.

2.       Newfoundland Power shall provide, as part of its 2009 annual report, a report on the implementation of the Conservation Plan in 2009, including a description of specific initiatives, the results and the associated costs.

3.       Newfoundland Power shall pay all expenses of the Board arising from this Application

Date Issued:

March 25, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 14 (2009)

Application:

Application for an Order approving a deferral account to allow the deferred recovery of certain 2009 costs associated with an energy conservation program to be implemented in 2009.

Decision:

1.       The Board approves the creation of a Conservation Cost Deferral Account to provide for the deferred recovery, until a further Order of the Board, of 2009 costs related to the implementation of the Conservation Plan, estimated to be $1.8 million.

2.       Hydro shall file a definition of the Conservation Cost Deferral Account with the Board within 30 days of this Order.

3.       Hydro shall provide, as part of its 2009 annual report, a report on the Conservation Plan initiatives implemented in 2009, including a description of specific initiatives, the results and the associated costs.

4.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

March 25, 2009

Newfoundland Power Inc.                                                                                     P.U. 15 (2009)

Application:

Application for an Order approving a deferral account to true-up Newfoundland Power Inc. corporate income taxes for years subsequent to the 2008 test year to reflect federal corporate tax reductions.

Decision:

1.       The Board will make no Order as to the corporate tax reductions of 0.5% in 2009 and 1.0% in 2010.

2.       Newfoundland Power shall pay all the expenses of the Board incurred in this application.

Date Issued:

March 25, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 16 (2009)

Application:

Application for approval of a capital expenditure to extend the parking lot at Hydro Place, pursuant to subsection 41(3) of the Act.

Decision:

1.       The Board approves the capital expenditure of $93,000 for the extension of the parking lot at Hydro Place, pursuant to Section 41(3) of the Act.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

March 27, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 17 (2009)

Application:

Application for approval of certain rules and regulations pertaining to the supply of electrical power and energy to one of its industrial customers, Corner Brook Pulp and Paper Limited pursuant to Section 71 of the Act.

Decision:

1.       The Corner Brook Pulp and Paper Limited Service Agreement, as set out in the attached Schedule “A”, is hereby approved for a term of no longer than two years from the date of this Order.

2.       Hydro shall apply to the Board for approval of a subsequent Service Agreement for the provision of service to Corner Brook Pulp and Paper Limited at least thirty days prior to the end of the term of the Service Agreement approved in this Order.

3.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

April 17, 2009

Newfoundland Power Inc.                                                                                     P.U. 18 (2009)

Application:

Application for an Order approving the removal of a distribution line from service on the Burin Peninsula.

Decision:

1.       Pursuant to Section 38 of the Act, the Board approves and consents to removal of the Line as proposed by the Application.

2.       Newfoundland Power shall pay all costs and expenses of the Board in connection with this Application.

Date Issued:

May 6, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 19 (2009)

Application:

Application for approval of the installation of cold reheat condensate drains and high-pressure heater trip on Unit 2 at the Holyrood Thermal Generating Station pursuant to Section 41 of the Act.

Decision:

1.       Pursuant to Section 41 of the Act, the Board approves the expenditure of $191,600 to install cold reheat condensate drains and high-pressure heater trip on Unit 2 at Holyrood in place of the same project for Unit 1.

2.       Hydro shall pay all expenses of the Board arising from this Application

Date Issued:

May 7, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 20 (2009)

Application:

Application for approval of the cost to be recovered through the Rate Stabilization Plan charged to Newfoundland Power Inc. and the Island Industrial Customers of consuming No. 6 fuel not exceeding 0.7% sulphur by weight.

Decision:

1.       The recovery of Hydro’s costs of burning 0.7% sulphur content No. 6 fuel at the Holyrood Thermal Generating Station through the operation of the Rate Stabilization Plan after March 31, 2009 is approved.

2.       The costs of the fuel shall be calculated in accordance with the usual operation of the Rate Stabilization Plan from March 31, 2009.

3.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

May 22, 2009

Newfoundland Power Inc.                                                                                     P.U. 21 (2009)

Application:

Application for an Order approving the Demand Management Incentive Account – Disposition of 2008 Balance

Decision:

1.       The Board approves, pursuant to Sections 58 and 80 of the Act, the disposition of the 2008 balance in the Demand Management Incentive Account as well as the related income tax effects by means of a credit in the amount of $641,336 to the Rate Stabilization Account, as of March 31, 2009.

2.       Newfoundland Power shall pay all costs and expenses of the Board in connection with this Application.

Date Issued:

May 22, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 22 (2009)

Application:

Application for approval, pursuant to Section 70 (1) of the Act, of the Rate Stabilization Plan component of the rates to be charged to Newfoundland Power Inc. (“Newfoundland Power”).

Decision:

1.   The Board approves:

(a)    the proposed modifications to the fuel rider component of the Rate Stabilization Plan;

(b)    the rates to be charged by Hydro to Newfoundland Power, as set out in Schedule “A” to this Order, to be effective for consumption on or after July 1, 2009;

(c)    the Rate Stabilization Plan Rules as set out in Schedule “B” to this Order, to be effective July 1, 2009; and

2.  Hydro shall pay the expenses of the Board incurred in connection with this matter.

Date Issued:

June 16, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 23 (2009)

Application:

Application for approval for the development of an on-line Work Protection Code (WPC) training software program.

Decision:

1.       The capital expenditure of $160,800 for the development of an on-line Work Protection Code training software program is approved.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

June 16, 2009

Newfoundland Power Inc.                                                                                     P.U. 24 (2009)

Application:

Procedural Order re: General Rate Application by Newfoundland Power Inc. to establish customer electricity rates for 2010.

Decision:

The registered Intervenors, the Schedule of Dates, and the Rules of Procedure for the hearing of the Application are as set out in Appendix “A” to this Order.

Date Issued:

June 17, 2009

Newfoundland Power Inc.                                                                                     P.U. 25 (2009)

Application:

Application for an Order approving a Contribution in Aid of Construction (CIAC) for a line extension to serve domestic customers in a cottage area known as Terra Nova Lake.

Decision:

1.       The Board approves the No-Refundable CIAC of five thousand four hundred thirty-five dollars and eighty-five cents ($5,435.85), excluding HST, as calculated under the Policy to apply to Domestic Customers located in the Cottage Area known as Terry Nova Lake, pursuant to s. 41(5) of the Act.

2.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

June 24, 2009

Newfoundland Power Inc.                                                                                     P.U. 26 (2009)

Application:

Application for approval of Rate Stabilization Adjustment and Municipal Tax Adjustment to be effective July 1, 2009

Decision:

1         The Rate Stabilization Adjustment of 0.066 cents/kWh and the Municipal Tax Adjustment factor of 1.02447 are approved.

2         The proposed rates to customers of Newfoundland Power, as set out in Schedule A to this Order, are approved, to be effective on all electrical consumption on and after July 1, 2009.

3         Newfoundland Power shall pay the expenses of the Board in connection with this Application.

Date Issued:

June 26, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 27 (2009)

Application:

Application for Rate Changes to Island Interconnected Customers (excluding Burgeo School and Library) and Isolated Rural Customers (excluding Government departments) to be effective July 1, 2009.

Decision:

1.       The rates proposed by Hydro for its Island Interconnected customers (excluding Burgeo School and Library) and Isolated Rural customers (excluding Government departments), to be effective on all electrical consumption on and after July 1, 2009, as set out in Schedule A to this Order, are approved.

2.       Hydro shall pay the expenses of the Board incurred in connection with this Application.

Date Issued:

June 26, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 28 (2009)

Application:

Application for approval of a capital expenditure in relation to a condition assessment and life extension study for the Holyrood Thermal Generating Station pursuant to Section 41 of the Act.

Decision:

1.       The Board approves the budgeted capital expenditure of $1,895,000 for the proposed Condition Assessment and Life Extension Study for the Holyrood Thermal Generating Station.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

July 9, 2009

Newfoundland Power Inc.                                                                                     P.U. 29 (2009)

Application:

Application for approval of an additional amount of $710,000 to the Allowance for Unforeseen items, pursuant to Section 41(3) of the Act.

Decision:

1.       Pursuant to Section 41(3) of the Act the Board approves an additional amount of $710,000 to the Allowance for Unforeseen Items account approved in Order No. P. U. 27(2008).

2.       Newfoundland Power shall pay all the expenses of the Board arising from this Application.

Date Issued:

July 27, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 30 (2009)

Application:

Application for approval of Rate Changes to Labrador Interconnected Rate Class 5.1H pursuant to Section 71 of the Act.

Decision:

1.       The Board approves the rate to be charged for the sale of secondary energy in Rate Class 5.1H as attached hereto as Schedule “A” to be effective June 1, 2009.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

July 31, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 31 (2009)

Application:

Application for approval of the rehabilitation of the Nain Diesel Generating Plant, pursuant to Subsection 41(3) of the Act.

Decision:

1.       The proposed capital expenditures of $2,804,700 for the rehabilitation of the Nain Diesel Generating Plant is approved.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

August 4, 2009

Newfoundland Power Inc.                                                                                     P.U. 32 (2009)

Application:

Application for approval of supplemental capital expenditures to the Long Harbour Distribution Feeder Construction (Vale Inco), pursuant to s. 41(3) of the Act.

Decision:

1.       The Board approves the proposed capital expenditure of $1,165,000 to construct the distribution line and upgrade the Western Avalon Substation.

2.       Newfoundland Power shall pay all the expenses of the Board arising from this Application.

Date Issued:

September 4, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 33 (2009)

Application:

Application for approval of the rehabilitation of a gas turbine generator to be located at the Stephenville Gas Turbine Plant, pursuant to s. 41(3) of the Act.

Decision:

1.       The Board approves the proposed capital expenditures of $2,086,200 for the rehabilitation of the gas turbine generator to be located at the Stephenville Plant.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

September 4, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 34 (2009)

Application:

Application for approval of the Hinds Lake powerhouse slope stabilization, pursuant to s. 41(3) of the Act.

Decision:

1.       The Board approves the proposed capital expenditures of $1,136,000 for the Hinds Lake powerhouse slope stabilization.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

September 4, 2009

Newfoundland Power Inc.                                                                                     P.U. 35 (2009)

Application:

Application for approval of a Contribution in Aid of Construction for Cottage Area Customers located at Princeton Big Pond on the Bonavista Peninsula, pursuant to s. 41(5) of the Act.

Decision:

1.       The Board approves the Non-Refundable CIAC of Five thousand six hundred fifty-one dollars and ninety-four cents ($5,651.94), excluding HST, as calculated under the Policy to apply to Domestic Customers located in the Cottage Area known as Princeton Big Pond, pursuant to s. 41(5) of the Act.

2.       The Board approves the deviation from the Policy proposed by Newfoundland Power, and Newfoundland Power’s commencing construction of the Extension with a Participation Percentage of 49.2% as proposed in the Application.

3.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

September 4, 2009

Newfoundland Power Inc.                                                                                     P.U. 36 (2009)

Application:

Application for approval of a Contribution in Aid of Construction for Cottage Area Customers located at Mobile First Pond on the Southern Shore, pursuant to s. 41(5) of the Act.

Decision:

1.       The Board approves the Refundable CIAC of Three thousand three hundred seven dollars and fifty cents ($3,307.50), excluding HST, as calculated under the Policy to apply to Domestic Customers located in the Mobile First Pond Cottage Area (Phase 2), pursuant to s. 41(5) of the Act.

2.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

September 4, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 37 (2009)

Application:

Ex Parte application for the extension of time for the filing of an application required by Order No. P.U. 1 (2009) concerning rates to be charged for the supply of power and energy by Newfoundland and Labrador Hydro to Non-Government Rural Isolated Domestic and General Service customers.

Decision:

1.       Hydro shall make an application no later than October 30, 2009 to finalize the rates to be effective January 1, 2010 for its Non-Government Rural Isolated Domestic and General Service Customers.

2.       Hydro shall include all rate pages for the proposed rates with the application.

3.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

October 1, 2009

Newfoundland Power Inc.                                                                                     P.U. 38 (2009)

Application:

Application for approval of an additional amount of $375,000 to the Allowance for Unforeseen Items, pursuant to s. 41(3) of the Act.

Decision:

1.       The Board approves the proposed addition of a supplementary amount of $375,000 to the Allowance for Unforeseen Items Account approved in Order No. P. U. 27(2008).

2.       Newfoundland Power shall pay all the expenses of the Board arising from this Application.

Date Issued:

October 9, 2009

Newfoundland Power Inc.                                                                                     P.U. 39 (2009)

Application:

Application for approval of Contribution in Aid of Construction for Domestic Customers located in a Cottage Area known as Emberley Place (Mahers) located near the existing Mahers Cottage Area, pursuant to s. 41(5) of the Act.

Decision:

1.       The Board approves the Non-Refundable CIAC of Three thousand nine hundred forty-seven dollars and twenty-six cents ($3,947.26), excluding HST, as calculated under the Policy to apply to Domestic Customers located in the Cottage Area known as Emberley Place (Mahers), pursuant to s. 41(5) of the Act.

2.       Newfoundland Power shall pay all expenses of the Board arising from this Application.

Date Issued:

October 9, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 40 (2009)

Application:

Application for approval of the replacement of microwave radio equipment between the Godaleich Hill Microwave Site and the Upper Salmon Generating Station, pursuant to s. 41(3) of the Act.

Decision:

1.       The Board approves the proposed capital expenditure of $196,500 for the replacement of microwave radio equipment between the Godaleich Hill Microwave Site and the Upper Salmon Generating Station.

2.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

October 21, 2009

Newfoundland Power Inc.                                                                                     P.U. 41 (2009)

Application:

Application for approval of Newfoundland Power Inc. for an Order:

a)       approving its 2010 Capital Budget of $64,679,000; and

b)      fixing and determining its average rate base for 2008 in the amount of $820,876,000.

pursuant to Sections 41 and 78 of the Act.

Decision:

1.       Newfoundland Power’s capital purchases and construction projects in excess of $50,000, as set out in Schedule A to this Order, are approved.

2.       The 2010 Capital Budget for improvements and additions to Newfoundland Power’s property in an amount of $64,679,000 is approved.

3.       The average rate base for the year ending December 31, 2008 is hereby fixed and determined at $820,876,000.

4.       Unless otherwise directed by the Board, Newfoundland Power shall file an annual report to the Board on its 2010 capital expenditures by March 1, 2011.

5.       Unless otherwise directed by the Board, Newfoundland Power shall provide, in conjunction with the 2011 Capital Budget Application, a status report on the 2010 capital budget expenditures showing for each project:

                                                                                       i.            the approved budget for 2010;

                                                                                     ii.            the expenditures prior to 2010;

                                                                                    iii.            the 2010 expenditures to the date of the Application;

                                                                                   iv.            the remaining projected expenditures for 2010;

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

                                                                                   vi.            an explanation of the variance.

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

Date Issued:

November 4, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 42 (2009)

Application:

Application for the fixing and determining of the revised average rate base for each of 2005, 2006 and 2007, pursuant to s. 78 of the Act.

Decision:

1.       Hydro’s revised average rate base for 2005 is fixed and determined in the amount of $1,475,728,000.

2.       Hydro’s revised average rate base for 2006 is fixed and determined in the amount of $1,478,649,000.

3.       Hydro’s revised average rate base for 2007 is fixed and determined in the amount of$1,483,524,000.

4.       Hydro shall file a report with the Board no later than March 31, 2010, setting out the amendments to its internal audit measures and any other internal controls which will be implemented to reduce the possibility of future errors and omissions in the calculation of rate base.

5.       Hydro shall pay all expenses of the Board arising from this Application.

Date Issued:

November 16, 2009

Newfoundland Power Inc.                                                P.U. 43 (2009)    Reasons For Decision

Application:

General Rate Application by Newfoundland Power Inc. to establish customer electricity rates for 2010.

Decision:

Rate Base and Range of Return on Rate Base

1.       Newfoundland Power shall calculate and file a revised forecast average rate base and return on rate base for 2010, based on its proposals in the Application, incorporating the determinations set out in this Order, including:

                                                                     i.            a proportion of regulated common equity in the capital structure not to exceed 45%; and

                                                                   ii.            a return on regulated common equity of 9.0%.

2.       The allowed range of return on rate base shall be 36 basis points for 2010 and for use in the Automatic Adjustment Formula, unless otherwise ordered by the Board.

2010 Test Year Revenue Requirement

3.       Newfoundland Power shall calculate and file a revised forecast total revenue requirement for the 2010 test year based on its proposals in the Application, incorporating the determinations set out in this Order.

Automatic Adjustment Formula

4.       Unless the Board orders otherwise the rate of return on rate base for 2011 and 2012 shall be set using the Automatic Adjustment Formula.

5.       Unless the Board orders otherwise Newfoundland Power shall apply no later than November 30th in each of 2010 and 2011 for the application of the Automatic Adjustment Formula to the rate of return on rate base and, if required, for a revised Schedule of rates, tolls and charges effective January 1, 2011 and January 1, 2012 respectively.

6.       Unless the Board orders otherwise Newfoundland Power shall file its next general rate application with the Board no later than May 31, 2012 with a 2013 test year.

Accounting/Regulatory Matters

7.       Newfoundland Power shall continue to use the cash method for accounting for Other Post Employment Benefits costs unless otherwise ordered by the Board.

8.       Newfoundland Power shall file with the Board, no later than June 30, 2010, a comprehensive proposal for the adoption of the accrual method of accounting for Other Post Employment Benefits costs as of January 1, 2011, including alternatives and recommendations in relation to:

                                                                     i.            a deferral mechanism to capture annual variances arising from changes in the discount rate and other assumptions; and

                                                                   ii.            the recovery of the transitional balance associated with the adoption of accrual accounting for Other Post Employment Benefits costs.

9.       Newfoundland Power’s proposal to create a Pension Expense Variance Deferral Account as of January 1, 2010 and as defined in Schedule A is approved.

10.   Newfoundland Power shall create a Hearing Cost Deferral Account to recover over three years commencing January 1, 2010 hearing costs relating to this Application in the total amount of $750,000.

11.   The following deferral accounts are approved for continued use:

                                                                     i.            Energy Supply Cost Variance Account;

                                                                   ii.            Demand Management Incentive Account; and

                                                                  iii.            Conservation Cost Deferral Account.

12.   Newfoundland Power shall file as part of its next general rate application a report on the performance of the Demand Management Incentive Account, including a summary of the amounts of transfers and savings and an examination of the incentive effects of:

                                                                     i.            the Demand Management Incentive Account;

                                                                   ii.            other existing regulatory mechanisms related to power purchase costs; and

                                                                  iii.            possible alternative mechanisms with respect to the effectiveness and efficiency of the incentive to reduce power purchase costs.

13.   Newfoundland Power’s proposal to recover the 2009 conservation programming costs of approximately $1.5 million over the remaining four years of the 5-year Energy Conservation Plan is approved.

14.   Newfoundland Power shall file its next depreciation study relating to plant in service as of December 31, 2009.

15.   Newfoundland Power, in consultation with the Consumer Advocate, shall file no later than March 31, 2010 a revised schedule for the ongoing retail rate design study.

16.   Newfoundland Power, in consultation with the Consumer Advocate, shall file no later than June 30, 2010 a report with recommendations and alternatives in relation to the policies for deployment of Newfoundland Power’s staff to affiliated and other companies for emergency response.

17.   Newfoundland Power shall file a monthly update in relation to the transition to International Financial Reporting Standards (IFRS), beginning on February 1, 2010 and continuing until full implementation, replacing the quarterly reporting previously ordered by the Board.

Rates, Rules and Regulations

18.   Newfoundland Power shall file for the approval of the Board revised rates, tolls and charges effective for service provided on and after January 1, 2010, based on the proposals in the Application, incorporating the determinations set out in this Order.

Hearing Costs

19.   Newfoundland Power shall pay the expenses of the Board arising from the Application, including the expenses of the Consumer Advocate incurred by the Board.

Date Issued:

December 11, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 44 (2009)

Application:

Application for approval of the deferral of expenses associated with the repair of the Unit 1 Turbine at the Holyrood Thermal Generating Station as a Major Extraordinary Repair, pursuant to Sections 69, 78 and 80 of the Act.

Decision:

1.       The Application is denied.

2.       Hydro shall pay the expenses of the Board arising from this Application.

Date Issued:

December 14, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 45 (2009)

Application:

Application for approval of changes in the rates to be charged for the supply of power and energy to certain Labrador Interconnected customers and related changes in the Rate Stabilization Plan Rules, pursuant to Sections 70 and 71 of the Act.

Decision:

1.       The decrease of the monthly amount of the 2010 automatic rate adjustment in the Rural Rate Alteration in the Rate Stabilization Plan from ($5,766) to ($47,847), is approved, as attached in Schedule A.

2.       The Schedule of Rates for certain Labrador Interconnected customers, as attached in Schedule B, is approved, effective January 1, 2010.

3.       Hydro shall pay the expenses of the Board arising from this Application.

Date Issued:

December 21, 2009

Newfoundland Power Inc.                                                                                     P.U. 46 (2009)

Application:

Application for approval of customer rates, tolls and charges reflecting the determinations set out in Order No. P. U. 43(2009) re Newfoundland Power’s 2010 General Rate Application.

Decision:

1.       The Board approves the forecast average rate base for 2010 of $871,585,000, pursuant to Section 80 of the Act.

2.       The Board approves the rate of return on rate base for 2010 of 8.23% in a range of 8.05% to 8.41%, pursuant to Section 80 of the Act.

3.       The Board approves the Schedule of Rates, Tolls and Charges of Newfoundland Power attached hereto and marked as Schedule “A”, to be effective for service provided on and after January 1, 2010, pursuant to Section 70(1) of the Act.

4.       The Board approves the Rules and Regulations attached hereto as Schedule “B”, to be effective January 1, 2010.

5.       The Board approves the revised definition of the Excess Earnings Account attached hereto and marked as Schedule “C”.

6.       Newfoundland Power shall pay the expenses of the Board arising from this Application.

Date Issued:

December 24, 2009

Newfoundland and Labrador Hydro                                                                      P.U. 47 (2009)

Application:

Application for approval of a change in rates to be charged for the supply of power and energy to Island Interconnected customers (excluding Burgeo School and Library) and Isolated Rural customers (excluding Government departments), pursuant to Section 70(1) of the Act.

Decision:

1.       The rates proposed by Hydro for its Island Interconnected customers (Rate Class 1.1, 2.1, 2.2, 2.3, 2.4 and 4.1and Isolated Rural customers (Rate Class 1.2D, 2.1D, 2.2D and 4.1D), to be effective for service provided on and after January 1, 2010, as set out in Schedule “A” to this Order, are approved.

2.       Hydro shall pay the expenses of the Board arising from this Application.

Date Issued:

December 24, 2009