2. The electric power distributor must obtain the approval of the Régie before entering into an electric power supply contract for a term of between 3 months and 1 year, from the scheduled start of deliveries to the end, and for which the tenderer is the only one that has taken part in the tender solicitation, where all the tenderers are associated or affiliated with one another or with the electric power distributor, or where the lowest tenderer is associated or affiliated with the electric power distributor.
An application for approval must be filed with the Régie at least 5 days, excluding the days listed in the first paragraph of article 82 of the Code of Civil Procedure (chapter C-25.01), 24 and 31 December, before the date of coming into force of the contract, unless the electric power distributor proves to the Régie that special circumstances prevented it.
The application must include the contracts and must contain the following information:
(1) the demonstration that the contract or the combination of contracts carries the lowest price, for the quantity of electric power and the conditions stipulated, taking into account the applicable transmission cost;
(2) a report comparing the prices of the contract, of the combination of contracts, or of each contract included in the combination of electric power supply contracts with the prices of the main products available on America’s northeastern markets and the applicable transmission costs; and
(3) where applicable, the actions taken by the electric power distributor following the report prepared by the Régie in the exercise of its power to monitor the tender solicitation and contract awarding procedure and code of ethics.
For the purposes of the first paragraph, the tenderer of a supply contract referred to in the last paragraph of section 2 of the Act respecting the Régie de l’énergie (chapter R-6.01) is deemed to be affiliated with the electric power distributor.
O.C. 1354-2002, s. 2; I.N. 2016-01-01 (NCCP).