Orders in Council Database

Under the authority of section 14 of the Abitibi-Consolidated Rights and Assets Act, the Lieutenant Governor in Council is pleased to issue, effective March 1, 2011, a license to Nalcor Energy for the occupation, use and access to all facilities described in Schedule C of the Abitibi-Consolidated Rights and Assets Act, a license to water rights consistent with the water use licenses described in Schedule B of that Act, and a license to those easements described in Schedule D of that Act pursuant to section 6 of that Act, for the purposes of the generation and transmission of hydroelectricity on the following terms and conditions:

i) Nalcor Energy shall insure these assets as part of their ordinary insurance coverage.

ii) These licenses are to expire June 30, 2012.

iii) These licenses shall include access by Nalcor Energy to those facilities pursuant to section 12 of the Act.

iv) Nalcor Energy may enter into agreements and arrangements with Newfoundland and Labrador Hydro for services, advice and assistance in any matter arising from these licenses.

v) In addition, Nalcor Energy and, where appropriate, Newfoundland and Labrador Hydro may enter into such agreements and arrangements with Abitibi-Consolidated as may be necessary for the continued operation of the Grand Falls mill.

vi) Furthermore, Nalcor Energy and, where appropriate, Newfoundland and Labrador Hydro may enter into such agreements and arrangements with Fortis Inc., ENEL North America, Inc., CHI Canada Inc., CHI Hydroelectric Company, Inc., or any of their subsidiaries, or the secured lenders of either the Star Lake Hydro Partnership or the Exploits River Hydro Partnership, or any third parties as Nalcor Energy deems appropriate for the reorganization of commercial arrangements arising from the operation of the Act or to continue operation of the former Abitibi generation assets.

vii) As a part of any agreements and arrangements under iv) to vi), Nalcor Energy may grant permissions for such access, occupation or use by parties to such agreements as enjoyed by Nalcor Energy under these licenses as Nalcor Energy deems appropriate.

viii) Nalcor Energy may assign to Nalcor Energy-Generation the operating license issued by this Order with respect to the Grand Falls, Bishop’s Falls, Star Lake and Buchans hydroelectric facilities and related hydro-electric assets, subject to the terms and conditions contained herein.

OC2011-067 is hereby replaced.