The New Brunswick Energy and Utilities Board (the “Board”) is mandated with the regulation of electricity in the Province of New Brunswick, while the New Brunswick Electricity Act defines the role of the Board in reference to the electricity market.

The mandate and authority of the Board with respect to electricity were altered with the proclamation of the Electricity Act (NB) on October 1, 2004. This introduced a partially open electricity market to New Brunswick. The Act also allowed for the creation of the New Brunswick System Operator (NBSO). NBSO is a not-for-profit, independent body whose primary responsibilities are to ensure the reliability of the electricity system and to facilitate a competitive electricity market. It is not part of the restructured NB Power but is a separate, independent corporation with its own Board of Directors.

The role of the Energy and Utilities Board with respect to NBSO is to regulate the NBSO-administered Open Access Transmission Tariff and to license Market Participants as defined by the Act.

Part III, section 42 of the Electricity Act , outlines the following legislated “Objects” of the NBSO:

1. to exercise and perform the powers, duties and functions assigned to the NBSO under the Act, the market rules and its licence;
2. to enter into agreements with transmitters giving the NBSO the authority to direct the operations of their transmission systems;
3. to direct the operation and maintain the adequacy and reliability of the NBSO-controlled grid;
4. to procure and provide ancillary services;
5. to maintain the adequacy and reliability of the integrated electricity system;
6. to enter into interconnection agreements with transmitters;
   
7. to work with responsible authorities outside New Brunswick to coordinate the NBSO’s activities with their activities;
8. to participate with any standards authority in the development of standards and criteria relating to the reliability of transmission systems;
9. to undertake and coordinate power system planning and development responsibilities to maintain and ensure the adequacy and reliability of the integrated electricity system for present and future needs and for the efficient operation of a competitive market; and
10. to facilitate the operation of a competitive electricity market.