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Notice

Vol. 136, No. 19 — May 11, 2002

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

SPECIAL IMPORT MEASURES ACT

Waterproof Footwear — Decision

On April 26, 2002, the Commissioner of Customs and Revenue initiated an investigation pursuant to subsection 31(1) of the Special Import Measures Act into the alleged injurious dumping into Canada of certain waterproof footwear and waterproof footwear bottoms, constructed wholly or in part of rubber or plastic, worn over the foot or shoe, with or without liners, linings, fasteners or safety features, originating in or exported from Hong Kong, China; Macao, China; and Vietnam.

The goods in question are usually classified under the following Harmonized System classification numbers:

6401.10.19.00 6401.99.21.00 6402.91.00.92 6403.91.00.93
6401.10.20.00 6401.99.29.00 6402.91.00.93 6404.11.99.90
6401.91.19.00 6401.99.30.10 6403.40.00.10 6404.19.90.20
6401.91.20.00 6401.99.30.90 6403.91.00.10 6404.19.90.91
6401.92.91.10 6402.19.90.90 6403.91.00.91 6404.19.90.92
6401.92.91.90 6402.91.00.10 6403.91.00.92 6404.19.90.93
6401.92.92.90 6402.91.00.91    

The Canada Customs and Revenue Agency (CCRA) will conduct an investigation into the alleged dumping and will render a preliminary decision within 90 days. In addition, the Canadian International Trade Tribunal (the Tribunal) will conduct a preliminary inquiry into the question of injury to the Canadian industry. The Tribunal will make a decision within 60 days of the date of initiation. If the Tribunal concludes that the evidence does not disclose a reasonable indication of injury, the investigation will be terminated.

Information

A statement of reasons explaining this decision has been provided to persons directly interested in these proceedings. The statement of reasons is available on the CCRA's Web site at: http://www.ccra-adrc.gc.ca/sima/ or by contacting the following officer by facsimile at (613) 954-2510, by e-mail or telephone: Richard.Chung@ccra-adrc.gc.ca, (613) 954-7253.

Representations

Interested parties are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping. To be given consideration in this investigation, written submissions should be received by June 3, 2002, at the following address: Mr. Richard Chung, Canada Customs and Revenue Agency, Anti-dumping and Countervailing Directorate, Consumer Products Division, 191 Laurier Avenue W, 19th floor, Ottawa, Ontario KlA 0L5.

Any information submitted by interested parties concerning this investigation will be considered public information unless clearly marked confidential. When a submission is marked confidential, a non-confidential edited version of the submission must also be provided.

Ottawa, April 26, 2002

ALICE SHIELDS
Director General
Anti-dumping and Countervailing Directorate

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

ADDITIONAL REVISION TO THE NOTICE OF EXPIRY REVIEW OF FINDINGS

Hot-rolled Carbon Steel Plate

On February 13, 2002, the Canadian International Trade Tribunal issued a revised notice respecting the expiry review (Expiry Review No. RR-2001-006) of its findings made on October 27, 1997, in Inquiry No. NQ-97-001, concerning hot-rolled carbon steel plate and high strength low alloy plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths, in widths from 24 in. (+/- 610 mm) to 152 in. (+/- 3 860 mm) inclusive, and thicknesses from 0.187 in. (+/- 4.75 mm) to 4 in. (+/- 101.6 mm) inclusive, originating in or exported from Mexico, or originating in or exported from the People's Republic of China, the Republic of South Africa and the Russian Federation, but excluding plate for use in the manufacture of pipe and tube (also known as skelp); plate in coil form; plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate); and plate produced to ASTM specifications A515 and A516M/A516, grade 70, in thicknesses greater than 3.125 in. (+/- 79.3 mm).

Please note that the hearing originally scheduled to commence on September 3, 2002, has been rescheduled to start on the November 18, 2002, at 9:30 a.m.

The revised expiry review schedule can be found on the Tribunal's Web site (www.citt-tcce.gc.ca).

Ottawa, May 2, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2002-002

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Customs Act

Appellant v. Respondent (Commissioner of the Canada Customs and Revenue Agency)

June 2002


Date
Appeal
Number

Appellant
5 AP-2001-089
Goods in Issue:
Prohibited weapon
Anto Bozic
Switchblade
13 AP-2001-073 Nokia Products Limited
Goods in Issue: Car kit for cellular telephones
Date of Entry: January 8, 1998
Tariff Items at Issue  
Appellant: 8529.90.90 and 8504.40.90
Respondent: 8518.30.99
13 AP-2001-074 Primecell Communications Inc.
Goods in Issue: Leather carrying case for cellular telephones
Dates of Entry: March 3, 1999, to October 25, 2000
Tariff Items at Issue  
Appellant: 8529.90.90
Respondent: 4202.91.90
13 AP-2001-084 Nokia Products Limited
Goods in Issue: Leather carrying case for cellular telephones
Date of Entry: July 4, 2000
Tariff Items at Issue  
Appellant: 8529.90.90
Respondent: 4202.91.90

May 3, 2002

By Order of the Tribunal
MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Automotive Replacement Windshields

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on May 2, 2002, from the Director General of the Anti-dumping and Countervailing Directorate at the Canada Customs and Revenue Agency, stating that a preliminary determination had been made respecting the dumping of automotive laminated windshields for the automotive replacement market, of all sizes and shapes, whether they are clear or tinted, whether coated or not, whether or not they include antennae, ceramics, mirror buttons, VIN notches, and whether or not they are encapsulated, originating in or exported from the People's Republic of China (Inquiry No. NQ-2002-001).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Public Hearing

A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing August 6, 2002, at 9:30 a.m.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before May 21, 2002. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before May 21, 2002.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French or English or both languages at the hearing.

In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of a material injury finding to simply notify the Tribunal by May 21, 2002. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date that information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties.

Written submissions, correspondence or requests for information regarding this inquiry should be addressed to: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Written and oral presentations to the Tribunal may be made in English or in French.

Ottawa, May 3, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

Waterproof Footwear and Waterproof Footwear Bottoms

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on April 26, 2002, from the Director General of the Anti-dumping and Countervailing Directorate at the Canada Customs and Revenue Agency (CCRA) stating that the Commissioner of the CCRA had initiated an investigation into a complaint respecting the alleged injurious dumping of waterproof footwear and waterproof footwear bottoms, constructed wholly or in part of rubber or plastic, worn over the foot or shoe, originating in or exported from Hong Kong, China; Macao, China; and Vietnam. The distinctive feature of waterproof footwear is that both the sole portion and a portion of the upper, sufficient to give waterproof protection to the foot, are incorporated in a waterproof component which may be made of rubber or plastic. The goods subject to this investigation include moulded clogs, waterproof safety footwear and waterproof footwear made of waterproof footwear bottoms combined with tops made of leather, textiles or other materials. They may be constructed with or without liners, linings, fasteners or safety features. Excluded from the definition of the subject goods are equestrian riding boots, ski boots and skating boots.

Pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), the Tribunal has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2002-001) to determine whether the evidence discloses a reasonable indication that the dumping of the subject goods has caused material injury or retardation or is threatening to cause material injury, as these words are defined in SIMA.

The Tribunal's inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the inquiry must file a notice of participation with the Secretary on or before May 10, 2002. Each counsel who intends to represent a party in the inquiry must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before May 10, 2002.

On May 16, 2002, the Tribunal will distribute the public information received from the Commissioner to all parties that have filed notices of participation, and the confidential information to counsel who have filed a declaration and undertaking with the Tribunal.

Submissions by parties opposed to the complaint must be filed on or before May 27, 2002. These submissions should include evidence, e.g. documents and sources that support the factual statements in the submissions, and argument concerning the questions of:

— whether there are goods produced in Canada, other than those identified in the Commissioner's statement of reasons for initiating the investigation, that are like goods to the allegedly dumped goods;

— whether there is more than one class of allegedly dumped goods;

— which domestic producers of like goods comprise the domestic industry; and

— whether the information before the Tribunal discloses a reasonable indication that the alleged dumping of the goods has caused material injury or retardation, or threatens to cause material injury.

The complainant may make submissions in response to the submissions of parties opposed to the complaint by June 4, 2002. At that time, other parties supporting the complaint may also make submissions to the Tribunal.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made. (See Procedural Guidelines for Designation and Use of Confidential Information in Canadian International Trade Tribunal Proceedings available on the Tribunal's Web site at www. citt-tcce.gc.ca.)

The Canadian International Trade Tribunal Rules govern these proceedings.

All submissions must be filed with the Tribunal in 25 copies. The Tribunal will distribute the public submissions to all parties that have filed notices of participation and any confidential submissions to counsel who have filed a declaration and undertaking.

Along with the notice of commencement of preliminary injury inquiry, the Secretary has sent a letter to the domestic producers, to importers and to exporters with a known interest in the inquiry that provides details on the procedures and the schedule for the inquiry. The notice and the schedule of events consisting of key dates are available from the Tribunal's Web site at www.citt-tcce.gc.ca.

Written submissions, correspondence or requests for information regarding this inquiry should be addressed to: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Written and oral presentations to the Tribunal may be made in English or in French.

Ottawa, April 29, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, Detection and Fibre Optics

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-051) on May 2, 2002, with respect to a complaint filed by DRS Technologies Inc. (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. W8485-01NA20/B) by the Department of Public Works and Government Services on behalf of the Department of National Defence. The solicitation was for the supply of a Communications Management System for the CP140 Aurora Aircraft.

The complainant alleged that the evaluation process was not conducted according to the Request for Proposal.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaint was valid in part.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, May 2, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, Detection and Fibre Optics

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-052) on May 2, 2002, with respect to a complaint filed by CMC Electronics Inc. (the complainant), of Saint-Laurent, Quebec, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. W8485-01NA20/B) by the Department of Public Works and Government Services on behalf of the Department of National Defence. The solicitation was for the supply of a Communications Management System for the CP140 Aurora Aircraft.

The complainant alleged that the evaluation process was not conducted according to the Request for Proposal.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaint was valid in part.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, May 2, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

EDP Hardware and Software

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-049) on April 29, 2002, with respect to a complaint filed by Aviva Solutions Inc. (the complainant), of Montréal, Quebec, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. 46577-022191/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Canada Customs and Revenue Agency. The solicitation was for the renewal of maintenance and support services for Attachmate's e-Vantage Enterprise Viewer.

The complainant alleged that PWGSC improperly sole-sourced the requirement.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was valid in part.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, May 1, 2002

MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Ring-spun Yarns

Notice is hereby given that, on May 3, 2002, the Canadian International Trade Tribunal submitted to the Minister of Finance, pursuant to section 19 of the Canadian International Trade Tribunal Act, a report, with a recommendation, with respect to the review of its recommendation in Review No. TA-98-004 regarding certain ring-spun yarns (Review No. TA-2001-001).

May 3, 2002

By Order of the Tribunal
MICHEL P. GRANGER
Secretary

[19-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room G-5, 1 Promenade du Portage, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile);

— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (Telephone), (780) 495-3214 (Facsimile).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2002-82-1 April 30, 2002

Rogers Broadcasting Limited
Toronto, Ontario

The Commission hereby corrects condition of licence no. 3 set out in Decision CRTC 2002-82, April 8, 2002. Condition of licence no. 3 should have read: The licensee shall devote to the broadcast of ethnic programs not less than 80 percent of the total number of hours broadcast between 8:00 p.m. and 10:00 p.m., during each broadcast year.

2002-120 April 30, 2002

Canadian Broadcasting Corporation
Moncton, Fredericton/Saint John and Edmundston,
New Brunswick

Approved — Addition of transmitters at Fredericton/Saint John and Edmundston.

2002-121 April 30, 2002

Canadian Broadcasting Corporation
Québec, La Malbaie and Baie-Saint-Paul, Quebec

Approved — Addition of transmitters at La Malbaie and Baie-Saint-Paul.

2002-122 April 30, 2002

Canadian Broadcasting Corporation
Rimouski, Matane, Sept-Îles and Rivière-du-Loup, Quebec

Approved — Addition of transmitters at Matane, Sept-Îles and Rivière-du-Loup.

2002-123 April 30, 2002

Canadian Broadcasting Corporation
Chicoutimi and Dolbeau, Quebec

Approved — Addition of a transmitter at Dolbeau.

2002-124 April 30, 2002

Canadian Broadcasting Corporation
Montréal and Mont-Laurier, Quebec

Approved — Addition of a transmitter at Mont-Laurier.

2002-125 April 30, 2002

Canadian Broadcasting Corporation
Winnipeg, Manitoba; Regina and Saskatoon, Saskatchewan

Approved — Addition of transmitters at Regina and Saskatoon.

2002-126 April 30, 2002

Canadian Broadcasting Corporation
Toronto, Windsor and Paris, Ontario

Approved — Addition of transmitters at Windsor and Paris.

2002-127 April 30, 2002

Radio campus des étudiants de l'Université du Québec à Trois-Rivières Trois-Rivières, Quebec

Renewed — Broadcasting licence for CFOU-FM Trois-Rivières until December 31, 2002.

[19-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-13-2

Cable Inside Wire Lease Fee — Extension of the Deadline for Submission of Replies

1. In Call for Comments — Cable Inside Wire Lease Fee, Public Notice CRTC 2002-13, March 8, 2002, the Commission called for comments on its preliminary view as to what would be a just and reasonable fee for the use of cable inside wire in multiple-unit dwellings. The Commission established a two-stage public process for this proceeding — one for the filing of comments and one for the submission of replies to any of the comments submitted during the first stage. In Cable Inside Wire Lease Fee — Extension of Deadlines for Submission of Comments, Public Notice CRTC 2002-13-1, March 28, 2002, the Commission extended the deadlines for the filing of both comments and replies.

2. At the request of Bell ExpressVu, the Commission extends the deadline for the filing of replies to May 10, 2002.

May 1, 2002

[19-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-22

The Commission has received the following applications:

1. Native Communication Inc.
Hollow Water Indian Reserve, Manitoba

To amend the licence of radio station CINC-FM Thompson, Manitoba.

2. Yorkton Broadcasting Company Limited and Walsh Investments Inc., partners in a general partnership known as GX Radio Partnership
Swan River, Manitoba

To amend the licence of radio station CFGW-FM Yorkton, Saskatchewan.

Deadline for intervention: June 5, 2002

May 1, 2002

[19-1-o]

NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY

Split Rock Energy LLC

Notice is hereby given that, by an application dated May 8, 2002, Split Rock Energy LLC (the "Applicant") has applied to the National Energy Board (the "Board"), under Division II of Part VI of the National Energy Board Act (the "Act") for authorization to export, over a ten-year term, at a rate up to 200 megawatts annually for each of firm and interruptible power, up to 600 gigawatt-hours per year of interruptible energy and up to 600 gigawatt-hours per year of firm energy during that term. The electricity to be exported will be purchased by the Applicant from Canadian utility and independent generators, and others, who have excess electrical power available on a firm or interruptible basis. The Applicant and its affiliates plan to undertake marketing activities throughout the United States and Canada, and the electricity to be exported may originate from any Canadian province; however, this application is primarily being submitted for the purpose of participation with the Ontario Independent Electricity Market Operator (IMO).

The Board wishes to obtain the views of interested parties on this application before issuing a permit or permits or recommending to the Governor in Council that a public hearing be held. The Directions on Procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its office located at 301 4th Avenue S, Suite 860N, Minneapolis, MN 55415, U.S.A., and provide a copy of the application to any person who requests a copy. A copy of the application is also available for viewing during normal business hours in the Board's Library, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), and the Applicant by June 10, 2002.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to:

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has:

    (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
    (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by June 25, 2002.

5. Any reply that submitters wish to present in response to item 4 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the Applicant by July 5, 2002.

6. For further information on the procedures governing the Board's examination, contact Michel L. Mantha, Secretary, (403) 299-2714 (Telephone), (403) 292-5503 (Facsimile).

May 11, 2002

SPLIT ROCK ENERGY LLC

[19-1-o]

 

NOTICE:
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