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" Dr. Betts stated that a clear legal opinion should be obtained on the interpretation of Section 20 of the Electric Power Act , and suggested that this perceived requirement for a positive net income may explain the numerous aggressive accounting policies employed by NB Power , as well as explain Order in Council # 93-94 , dated February 10 , 1994 , which directed NB Power to phase in the capital related costs for Belledune over the ensuing five years . On appeal , Leffel first argues that the trial court erred in considering the preliminary breath test results that were obtained on the Alco-sensor IV , a device not approved for use by the KDHE . While resist adhesion was acceptable on silicon wafers , poor adhesion was obtained on the silicon nitride product film . Once all approval signatures are obtained on the research form , the proposer may undertake the research .