For your convenience, we’ve included a copy of the summary of the
Memorandum of Agreement to sell
NB Power to
Hydro-Quebec. You can find the actual PDF document
here. It came from the NB Government website
about the sale of NB Power to Hydro-Quebec. The full text of the Memorandum of Agreement can be found
here.
Summary
Memorandum of understanding between the governments of Québec (QC) and New Brunswick (NB)
October 29, 2009
Assets of NB Power (NBP) acquired by Hydro-Québec (HQ)
• Distribution assets
• Transmission assets
• Generation assets
• Point Lepreau nuclear generating facility, once the refurbishment project has been completed, on or about January 1, 2011.
Consideration
• HQ commits to making two payments to NB totalling $4.75 billion; the first on or about March 31, 2010, and
the second on the closing date of the Point Lepreau transaction (expected on or about January 1, 2011).
Assets not acquired by Hydro-Québec
• NB retains ownership of the following assets and operates them for the benefit of HQ under the framework of tolling agreements* :
- Belledune generating facility (coal)
- Coleson Cove generating facility (oil), operated only during peak periods
»» HQ has the option to direct NB to shut down these facilities with one year’s prior notice and pay NB, if applicable, the equivalent of 12 months of fixed costs.
• NB retains the following assets, which are deemed surplus facilities. The schedule for the permanent closing of these facilities has yet to be determined by the parties:
- Grand Lake generating facility (coal). The closing of this facility was announced at the end of September 2009.
- Dalhousie generating facility (oil), whose phase out was announced on October 29, 2009, and Courtenay Bay generating facility (oil).
Supply of electricity to New Brunswick by Hydro-Québec
• HQ commits to providing up to 14 TWh of electricity to NB customers at rates established by the NB government (NB heritage pool supply):
- up to 4.5 TWh/year for industrial customers (“Industrial Heritage Pool”)
- up to 9.5 TWh/year for residential, commercial and wholesale customers (“RCW Heritage Pool”).
Electricity rates as of April 1, 2010 – for a period of five years
• Rates equivalent to those of Québec (rates L and M) for NB’s industrial customer base
• Rates frozen for five years (until March 31, 2015) for regular customers (RCW); the current average rate is close to 11¢ per kWh.
Price of Heritage Pool (Industrial and RCW) electricity established on March 31, 2015
• Mechanism agreed upon to establish the value of heritage pool electricity (Industrial and RCW Heritage Pools) as of March 31, 2015.
Electricity rates as of April 1, 2015
• Regulatory mechanisms agreed upon for rate adjustments beyond 2015.
Employees
• At the time of the closing of the transaction, HQ offers employment to all NBP employees and respects existing collective agreements.
Legal and regulatory framework for electricity in New Brunswick
• The NB government commits to establishing a legal and regulatory framework that reflects the framework
currently in effect in Quebec:
- The NB system operator is reintegrated into the activities of the transmission provider in NB
- Transmission and distribution rates are regulated on a cost basis
- Energy requirements beyond the electricity heritage pools are met according to market conditions.
- Access to the transmission system is open and non-discriminatory.
Closing of the transaction
• Schedule
- On or about March 31, 2010
- On or about January 1, 2011 for Point Lepreau
• Closing conditions for the Point Lepreau transaction:
- Full completion of the refurbishment project now under way
- The restart of the facilities following successful testing
- The issuance of the necessary permits and authorizations prior to the restart and acquisition of the facility.
* Tolling agreement: An agreement by which a party agrees to provide the fuel for the operation of a generating facility owned by another party, thereby acquiring the exclusive rights to determine and purchase the related energy production. Such an agreement includes provisions to cover fixed operating costs.