Memorandum of Understanding (MOU) between the Canada Energy Regulator (CER) and Northeast Power Coordinating Council, Inc. (NPCC)

Memorandum of Understanding (MOU) between the Canada Energy Regulator (CER) and Northeast Power Coordinating Council, Inc. (NPCC) [PDF 238 KB]

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CANADA ENERGY REGULATOR (CER)
AND
NORTHEAST POWER COORDINATING COUNCIL, INC. (NPCC)
(HEREINAFTER REFERRED TO COLLECTIVELY AS THE “PARTICIPANTS”)

WHEREAS, pursuant to the Canadian Energy Regulator Act, S.C. 2019, c. 28, the CER regulates aspects of the energy industry in Canada including the construction and operation of international and designated Interprovincial Power Lines (IPLs).

WHEREAS, NPCC is operated as a New York not-for-profit corporation and is organized pursuant to the Not-for-Profit Corporation Law of the State of New York, which purpose is to promote and enhance the reliable and efficient operation of the international, interconnected Bulk Power System in Northeastern North America through (i) the development of Regional Reliability Standards and compliance assessment and enforcement of continentwide and Regional Reliability Standards, coordination of system planning, design and operations, and assessment of reliability, pursuant to an agreement with the Electric Reliability Organization (“ERO”) which designates NPCC as a Regional Entity and delegates authority from the Federal Energy Regulatory Commission (FERC), and by Memoranda of Understanding with applicable Canadian Provincial regulatory and/or governmental authorities, and (ii) the establishment of regionally-specific reliability criteria, and the monitoring and enforcement of compliance with such criteria.

AND WHEREAS, the Participants came together to develop an MOU to share information and promote effective cooperation in areas of mutual interest and benefit, and, through the sharing of information and cooperative activities, support the Participants in their respective mandates.

FOR THE PURPOSES OF THIS MOU, THE PARTICIPANTS CONCUR AS FOLLOWS:

1.  Purpose

The purpose of this MOU is to, on a best-efforts basis, enhance information sharing and promote dialogue between the Participants with respect to reliability and security of the bulk electric system with respect to International Power Lines (IPLs).

2.  Areas of Cooperation and Collaboration

Where possible, the Participants will endeavor to maintain ongoing dialogue via regular communication at least once annually, for the purposes of identifying potential future opportunities for information sharing, cooperation and coordination, as well as training and exercise opportunities relating to reliability and security of the bulk electric system (within the Participants’ respective jurisdiction) with respect to IPLs on matters relating to:

• 2.1.  Respective regulatory approaches;
• 2.2.  Best practices, lessons learned, processes, technology use;
• 2.3.  Energy market developments with reliability impacts;
• 2.4.  Capacity building activities such as training, courses, and conferences;
• 2.5.  Specific existing and emerging cross-border energy issues impacting the Participants;
• 2.6.  Establishing mechanisms and links for information sharing, taking into account any legal or other constraints on the sharing of protected, classified, privileged and prescribed information;
• 2.7.  Assisting with inquiries and joint technical working groups to undertake activities of mutual interest when possible; and
• 2.8.  Any other activities, including related to safety, that are agreed upon ahead of time and are of mutual benefit and interest.

3.  Expected Benefits of Cooperation and Collaboration

Promote industry best practice and efficient regulatory oversight via regular exchange of information and cooperation with respect to:

• 3.1.  Regulatory approaches, procedures, and policies; and
• 3.2.  Specific cross-border projects such as IPL.

4.  Administration of this MOU:

• 4.1.  The following are the titles of each designate and their contact information for the purposes of carrying out this MOU:

5.  Disclosure and Use of Information

• 5.1.  The Participants plan to exchange information on energy matters that is in the public domain. The Participants may mutually agree to exchange information that is not in the public domain.
• 5.2.  If any confidential information is shared, such information should be identified as such. The Participants understand that any arrangement between them to preserve the confidentiality and privacy of information is subject to the applicable laws, rules and regulations of their respective countries.
• 5.3.  The Participants should not disclose to a third party any information exchanged in confidence between them without the express written authorization of the originating Participant or as otherwise required by the applicable laws, rules and regulations of their respective countries.
• 5.4.  The Participants will make reasonable arrangements to ensure appropriate physical, organizational and technological security measures are in place to protect non‑public information against such risks as unauthorized collection, access, use, modification, disclosure, storage or disposal, including by the persons permitted to access and use the information.

6.  Disclaimers

• 6.1.  This MOU is not legally binding and does not impose, nor is it intended to impose, any legal commitments on, or give rise to any legal rights not otherwise held by the Participants.
• 6.2.  Each Participant is to pay for its own costs related to the activities under this MOU, subject to the availability of its staff and financial resources.

7.  Withdrawal and Termination

• 7.1.  The Participants intend to jointly review this MOU every five (5) years after its signature, and amend as required, with written approval of both Participants.
• 7.2.  Either Participant may withdraw from this arrangement at any time, by providing at least sixty (60) days’ written notice to the other Participant.
• 7.3.  This MOU may be terminated at any time, with the mutual written consent of the Participants.

8.  Languages

• 8.1.  This agreement is written in English and French, each text being equally valid.

9.  Effective Date and Signature

• 9.1.  This MOU will commence and take effect upon the date of the last Participant’s signature.
• 9.2.  This MOU may be signed in one or more counterparts, each of which is deemed an original, and all of which together constitute the same arrangement.

Date modified:

2026-06-09