Marginal note:Application

• 31. (1) Part IV of the National Energy Board Act, as modified by this Part, applies to every company and where there is any conflict between this Part and the National Energy Board Act, this Part prevails.

• Marginal note:Single tariff

  (2) Where, in the opinion of the Board, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Board may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, where the Board does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and Part IV of the National Energy Board Act and every other company is relieved from any obligation to file a tariff until the Board rescinds that order.

Marginal note:Consultation with United States regulatory authorities

32. The Board may, in order to carry out the obligation set out in paragraph 9 of the Agreement, consult with the appropriate regulatory authority of the United States with respect to matters set out in the Agreement.

Marginal note:Board to apply Agreement

33. The Board shall, in fixing the tolls and tariffs of a company, apply the requirements of the Agreement, in particular the requirements of paragraphs 4, 5, 6, 11 and 12 thereof, and shall include in its determination of an appropriate toll and tariff any amounts, not exceeding the maximum amounts set out in the Agreement, paid by the company on account of the Yukon road allowance and Yukon property tax.

Marginal note:Rate of return

34. The Board shall, in determining an appropriate rate of return on equity investment in a company,

• (a) take into account

  • (i) the capital cost estimates set out in the Agreement, and

  • (ii) the extent to which variations in actual costs from the estimates referred to in subparagraph (i) were within or outside the control of the company;

• (b) establish a rate of return, taking into account the factors set out in paragraph (a), that is not detrimental, when taken into account with the rate of return of every other company, to the financing of the Dempster Line described in the Agreement; and

• (c) comply with such regulations as the Governor in Council may make prescribing or otherwise relating to the manner of calculating the rate of return.

Marginal note:Prior approval

35. Where a company files a tariff at the time the financing of the pipeline is being considered, the Board may approve the form and content of the tariff and the rate of return on the equity investment of the company.