Important: Please use the beta version of the new e-Laws at ontario.ca/laws-beta. This version of the e-Laws website will be discontinued in the coming weeks.
O. Reg. 339/02: ELECTRICITY PRICING
under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
Skip to contentOntario Energy Board Act, 1998
Loi de 1998 sur la Commission de l’énergie de l’Ontario
ONTARIO REGULATION 339/02
Amended to O. Reg. 187/06
ELECTRICITY PRICING
Note: This Regulation was revoked on May 5, 2006. See: O. Reg. 187/06, s. 1.
This Regulation is made in English only.
CONTENTS
Definition, s. 79.1 (20) and 79.4 (4) of the Act | |
Definitions, this Regulation | |
Exemptions: s. 79.1 of the Act | |
Payments under s. 79.1 (12), (14) or (15) of the Act | |
Payments under s. 79.1 (14) or (15) of the Act | |
Payments under s. 79.1 (14) of the Act | |
Reductions to equal billing plan accounts under s. 79.1 (13) of the Act | |
Obligation to make payments under s. 79.1 (16) of the Act | |
Calculation of payments under s. 79.1 (16) of the Act | |
Obligation to make payments under s. 79.1 (16) of the Act | |
Obligation to make payments under s. 79.1 (16) of Act | |
Calculation of payments under s. 79.1 (16) of the Act | |
Obligation to make payments under s. 79.1 (16) of Act | |
Calculation of payments under s. 79.1 (16) of the Act | |
Payments by IESO under s. 79.2 (1) of the Act | |
Obligation to make payments under s. 79.1 (14) and (15) of the Act | |
Calculation of payments | |
Exemptions: s. 79.4 of the Act | |
Regulatory assets | |
Limitation — no double rebates | |
Last day for payments | |
Definition, s. 79.1 (20) and 79.4 (4) of the Act
1. In subsections 79.1 (20) and 79.4 (4) of the Act,
“not connected to the IESO-controlled grid” means,
(a) not connected directly to the IESO-controlled grid, and
(b) not connected, indirectly through one or more transmission systems or other distribution systems, to the IESO-controlled grid. O. Reg. 339/02, s. 1; O. Reg. 479/05, s. 1.
Definitions, this Regulation
“designated consumer” means a consumer who, before April 1, 2005, was a designated consumer under section 56 of the Act;
“generation station service” has the same meaning as in the market rules;
“low-volume consumer” means a consumer who, before April 1, 2005, was a low-volume consumer under section 56 of the Act;
“total losses” has the same meaning as in the Retail Settlement Code. O. Reg. 433/02, s. 1; O. Reg. 479/05, s. 2.
2. Revoked: O. Reg. 94/05, s. 1.
Exemptions: s. 79.1 of the Act
3. (1) Subsections 79.1 (1) and (14) of the Act do not apply to a distributor with respect to a consumer if,
(a) during the entire period that the distributor distributed electricity to the consumer after April 30, 2002 and before December 1, 2002, the distributor retailed electricity to the consumer pursuant to the distributor’s obligations under section 29 of the Electricity Act, 1998; and
(b) within 30 days after this subsection comes into force, the distributor delivers to the Minister a letter from the Board confirming that, during the period from May 1, 2002 to November 30, 2002, the average of the rates charged by the distributor for the retailing of electricity in order to meet its obligations under section 29 of the Electricity Act, 1998 was less than 4.3 cents per kilowatt hour. O. Reg. 339/02, s. 3 (1).
(2) Despite subsection (1), subsections 79.1 (1) and (14) of the Act do not apply to PUC Distribution Inc. with respect to a consumer if, during the entire period that it distributed electricity to the consumer after April 30, 2002 and before December 1, 2002, it retailed electricity to the consumer pursuant to its obligations under section 29 of the Electricity Act, 1998. O. Reg. 190/03, s. 1.
(2.1) Despite subsection (1), subsection 79.1 (1) of the Act does not apply to Fort Frances Power Corporation Distribution Inc. with respect to a consumer if, during the entire period that it distributed electricity to the consumer after April 30, 2002 and before December 1, 2002, it retailed electricity to the consumer pursuant to its obligations under section 29 of the Electricity Act, 1998. O. Reg. 190/03, s. 1.
(3) Subsection 79.1 (3) of the Act does not apply to a consumer with respect to accounts for the following things:
1. Sentinel lights.
2. Street lighting.
3. Un-metered scattered loads. O. Reg. 339/02, s. 3 (3).
Payments under s. 79.1 (12), (14) or (15) of the Act
3.1 (1) Subject to subsection (5), the amount of a payment by a distributor or retailer to a consumer under subsection 79.1 (12), (14) or (15) of the Act shall be determined in accordance with the following formula:
(A + B + C) – (D + E + F)
where,
A = subject to subsection (2), the total amount that the consumer was charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002,
B = subject to subsections (2) and (3), the total amount that the consumer was charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002,
C = subject to subsections (2), (3) and (4), the total amount that the consumer was charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002,
D = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
E = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
F = subject to subsections (2), (3) and (4), the total amount that the consumer would have been charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 30, 2002 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to November 30, 2002. O. Reg. 433/02, s. 3.
(3) The amounts of “B”, “C”, “E” and “F” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives, from the consumer or another person, the information necessary to determine those amounts. O. Reg. 433/02, s. 3; O. Reg. 51/03, s. 1.
(4) Despite subsection (3), the amounts of “C” and “F” in subsection (1) shall be deemed to be zero if the consumer is entitled to a payment from the IESO under subsection 79.2 (1) of the Act. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(5) The amount of a payment under subsection 79.1 (12) of the Act is the amount determined under subsection (1), reduced by $75. O. Reg. 433/02, s. 3.
(6) A distributor or retailer is required to make a payment under subsection 79.1 (12) of the Act to a low-volume consumer, in the amount determined under subsection (5), if the amount determined under subsection (5) is greater than zero. O. Reg. 433/02, s. 3.
(7) The amount of the payment that a distributor or retailer is required to make under subsection 79.1 (14) or (15) of the Act to a designated consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 433/02, s. 3.
(8) A person who is required to make a payment under subsection 79.1 (12), (14) or (15) of the Act shall do so,
(a) by crediting the consumer’s account and showing the credit on an invoice issued to the consumer; or
(b) by mailing or hand-delivering a cheque to the consumer at the most recent address known to the person. O. Reg. 433/02, s. 3.
Payments under s. 79.1 (14) or (15) of the Act
3.1.1 (1) Despite section 3.1 and subject to subsection (5), the amount of a payment by a distributor or retailer to a designated farming consumer under subsection 79.1 (14) or (15) of the Act shall be determined in accordance with the following formula:
(A + B) – (C + D)
where,
A = subject to subsection (2), the total amount that the consumer was charged by that distributor or retailer, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003,
B = subject to subsections (2) and (3), the total amount that the consumer was charged by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003,
C = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor or retailer, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
D = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 99/03, s. 2.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if March 31, 2003 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to March 31, 2003. O. Reg. 99/03, s. 2.
(3) The amounts of “B” and “D” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives, from the designated farming consumer or another person, the information necessary to determine those amounts. O. Reg. 99/03, s. 2.
(4) A designated farming consumer,
(a) shall make a request for a payment under subsection (1) by September 30, 2003; and
(b) shall provide with the request a declaration, signed by the consumer, attesting to the amount of electricity that was used in connection with the consumer’s farming business only, in order to verify the amount of electricity that is to be used for the purposes of the calculations under subsection (1). O. Reg. 99/03, s. 2.
(5) A distributor or retailer is required to make a payment under subsection 79.1 (14) or (15) of the Act to a designated farming consumer in the amount determined under subsection (1), if the amount determined under subsection (1) is greater than zero. O. Reg. 99/03, s. 2.
(6) A distributor or retailer who is required to make a payment under subsection 79.1 (14) or (15) of the Act to a designated farming consumer shall do so by crediting the consumer’s account and showing the credit on an invoice issued to the consumer. O. Reg. 99/03, s. 2.
(7) In this section,
“designated farming consumer” means a designated consumer described in paragraph 8 of subsection 1 (2) of Ontario Regulation 161/99. O. Reg. 94/05, s. 2.
Payments under s. 79.1 (14) of the Act
3.1.2 (1) Despite section 3.1 and subject to subsection (3), the amount of a payment under subsection 79.1 (14) of the Act by Fort Frances Power Corporation Distribution Inc. to a designated consumer who had an account with it shall be determined in accordance with the following formula:
A – B
where,
A= subject to subsection (2), the total amount that the consumer was charged by Fort Frances Power Corporation Distribution Inc. in respect of the commodity price for electricity used, other than electricity that is reasonably attributed to the volume of electricity that was supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc., including total losses, during the period from May 1, 2002 to March 31, 2003,
B = subject to subsection (2), the total amount that the consumer would have been charged by Fort Frances Power Corporation Distribution Inc. in respect of the commodity price for electricity used, other than electricity that is reasonably attributed to the volume of electricity that was supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc., during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 190/03, s. 2.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if March 31, 2003 falls within a billing period that includes any day after that day, Fort Frances Power Corporation Distribution Inc. may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to March 31, 2003. O. Reg. 190/03, s. 2.
(3) The amount of the payment that Fort Frances Power Corporation Distribution Inc. is required to make under subsection 79.1 (14) of the Act to a designated consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 190/03, s. 2.
(4) If Fort Frances Power Corporation Distribution Inc. is required to make a payment under subsection 79.1 (14) of the Act to a designated consumer, it shall do so by,
(a) crediting the consumer’s account and showing the credit on an invoice issued to the consumer; or
(b) delivering a cheque or some other form of payment mutually agreed on to the consumer at the address provided by the consumer or at such other location as may be mutually agreed upon. O. Reg. 190/03, s. 2.
Reductions to equal billing plan accounts under s. 79.1 (13) of the Act
3.2 (1) The amount of a reduction made by a distributor to a low-volume consumer’s equal billing plan account under subsection 79.1 (13) of the Act shall be determined in accordance with the following formula:
(A + B + C) – (D + E + F) – G
where,
A = subject to subsection (2), the total amount that the consumer was charged, by the distributor, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002,
B = subject to subsections (2) and (3), the total amount that the consumer was charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002,
C = subject to subsections (2), (3) and (4), the total amount that the consumer was charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002,
D = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
E = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
F = subject to subsections (2), (3) and (4), the total amount that the consumer would have been charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
G = the amount of the reduction made to the account under subsection 79.1 (9) of the Act.
O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 30, 2002 falls within a billing period that includes any day after that day, a distributor may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to November 30, 2002. O. Reg. 433/02, s. 3.
(3) The amounts of “B”, “C”, “E” and “F” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor receives, from the consumer or another person, the information necessary to determine those amounts. O. Reg. 433/02, s. 3; O. Reg. 51/03, s. 2.
(4) Despite subsection (3), the amounts of “C” and “F” in subsection (1) shall be deemed to be zero if the consumer is entitled to a payment from the IESO under subsection 79.2 (1) of the Act. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(5) A distributor is required to make a reduction to a low-volume consumer’s equal billing plan account under subsection 79.1 (13) of the Act, in the amount determined under subsection (1), if the amount determined under subsection (1) is greater than zero. O. Reg. 433/02, s. 3.
Obligation to make payments under s. 79.1 (16) of the Act
3.2.1 (1) For the purposes of subsection 79.1 (16) of the Act, a distributor shall make a payment to a consumer who,
(a) had an account with the distributor at any time between May 1, 2002 and November 24, 2002;
(b) was charged by the distributor as a residential customer;
(c) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the distributor; and
(d) has not received any payment under Part V of the Act, other than a payment under this section. O. Reg. 51/03, s. 3.
(2) For the purposes of subsection 79.1 (16) of the Act, a retailer shall make a payment to a consumer who,
(a) had a contract with the retailer at any time between May 1, 2002 and November 24, 2002 where the retailer billed the consumer under retailer consolidated billing;
(b) was charged as a residential customer;
(c) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the retailer; and
(d) has not received any payment under Part V of the Act, other than a payment under this section. O. Reg. 51/03, s. 3.
(3) A consumer shall make a request for a payment under subsection (1) or (2) by September 30, 2003. O. Reg. 51/03, s. 3.
(4) The amount of the payment to the consumer under subsections (1) and (2) shall be calculated in accordance with section 3.2.2. O. Reg. 51/03, s. 3.
Calculation of payments under s. 79.1 (16) of the Act
3.2.2 (1) Subject to subsection (3), the amount of a payment by a distributor or retailer to a consumer as required by section 3.2.1 or 3.2.2.1 shall be determined in accordance with the following formula:
A – B
where,
A = subject to subsection (2), the total amount that the consumer paid to that distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 24, 2002,
B = subject to subsection (2), the total amount that the consumer would have been charged, by that distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 24, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 51/03, s. 3; O. Reg. 452/03, s. 1 (1).
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 24, 2002 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to November 24, 2002. O. Reg. 51/03, s. 3.
(3) The amount of the payment that a distributor or retailer is required to make under section 3.2.1 or 3.2.2.1 to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 51/03, s. 3; O. Reg. 452/03, s. 1 (2).
(4) A distributor or retailer who is required to make a payment under section 3.2.1 or 3.2.2.1 shall do so by mailing or hand-delivering a cheque or some other form of payment mutually agreed on to the consumer at the most recent address provided by the consumer or at such other location as may be mutually agreed on. O. Reg. 51/03, s. 3; O. Reg. 452/03, s. 1 (3).
(5) Despite subsection (1), the amount of payment by a distributor required under section 3.2.1 or 3.2.2.1 to a consumer who maintained a PPVA account between May 1, 2002 and November 24, 2002 shall be equal to the amount paid by the consumer to the distributor to reduce the outstanding PPVA account with the distributor to zero. O. Reg. 51/03, s. 3; O. Reg. 452/03, s. 1 (4).
Obligation to make payments under s. 79.1 (16) of the Act
3.2.2.1 (1) For the purposes of subsection 79.1 (16) of the Act, a distributor shall make a payment to a consumer who,
(a) had an account with the distributor at any time between May 1, 2002 and November 24, 2002;
(b) was charged by the distributor as a general service customer;
(c) either,
(i) had a monthly demand of 50 kilowatts or less, or
(ii) annually used not more than 250,000 kilowatt hours of electricity;
(d) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the distributor; and
(e) was not eligible for treatment as a low-volume consumer or a designated consumer under the Act or this Regulation on November 25, 2002 and has not received any payment under Part V, other than a payment under this section. O. Reg. 452/03, s. 2.
(2) For the purposes of subsection 79.1 (16) of the Act, a retailer shall make a payment to a consumer who,
(a) had a contract with the retailer at any time between May 1, 2002 and November 24, 2002 where the retailer billed the consumer under retailer consolidated billing;
(b) was charged as a general service customer;
(c) either,
(i) had a monthly demand of 50 kilowatts or less, or
(ii) annually not more than 250,000 kilowatt hours of electricity;
(d) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the retailer; and
(e) was not eligible for treatment as a low-volume consumer or a designated consumer under the Act or this Regulation on November 25, 2002 and has not received any payment under Part V of the Act, other than a payment under this section. O. Reg. 452/03, s. 2.
(3) A consumer shall make a request for a payment under subsection (1) or (2) by March 31, 2004. O. Reg. 452/03, s. 2.
(4) The amount of the payment to the consumer under subsections (1) and (2) shall be calculated in accordance with section 3.2.2. O. Reg. 452/03, s. 2.
Obligation to make payments under s. 79.1 (16) of Act
3.2.3 (1) For the purposes of subsection 79.1 (16) of the Act, Great Lakes Power Limited shall make a payment to a consumer who,
(a) had an account with Dubreuil Forest Products Limited at any time between May 1, 2002 and March 31, 2003;
(b) was charged by Dubreuil Forest Products Limited as a residential customer; and
(c) has not received and is not eligible to receive any payment under Part V of the Act, other than a payment under this section. O. Reg. 99/03, s. 3.
(2) A consumer shall make a request for a payment under subsection (1) by September 30, 2003 and shall provide billing and payment information in respect of the consumer’s account with Dubreuil Forest Products Limited that is sufficient to permit Great Lakes Power Limited to make the calculation referred to in section 3.2.4. O. Reg. 99/03, s. 3.
(3) The amount of the payment to the consumer under subsection (1) shall be calculated in accordance with section 3.2.4. O. Reg. 99/03, s. 3.
Calculation of payments under s. 79.1 (16) of the Act
3.2.4 (1) Subject to subsection (3), the amount of a payment by Great Lakes Power Limited to a consumer as required by section 3.2.3 shall be determined in accordance with the following formula:
A – B
where,
A = subject to subsection (2), the total amount that the consumer paid to Dubreuil Forest Products Limited, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to March 31, 2003,
B = subject to subsection (2), the total amount that the consumer would have been charged by Dubreuil Forest Products Limited, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 99/03, s. 3.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if March 31, 2003 falls within a billing period that includes any day after that day, Great Lakes Power Limited may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to March 31, 2003. O. Reg. 99/03, s. 3.
(3) The amount of the payment that Great Lakes Power Limited is required to make under section 3.2.3 to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 99/03, s. 3.
(4) If Great Lakes Power Limited is required to make a payment under section 3.2.3, it shall do so by mailing or hand-delivering a cheque or some other form of payment mutually agreed on to the consumer at the address provided by the consumer or at such other location as may be mutually agreed on. O. Reg. 99/03, s. 3.
Obligation to make payments under s. 79.1 (16) of Act
3.2.5 (1) For the purposes of subsection 79.1 (16) of the Act, Fort Frances Power Corporation Distribution Inc. shall make a payment to a consumer,
(a) with whom it had an account at any time between May 1, 2002 and March 31, 2003;
(b) who it charged as a residential customer; and
(c) who has not received and is not eligible to receive any payment under Part V of the Act, other than a payment under this section. O. Reg. 190/03, s. 2.
(2) A consumer shall make a request for a payment under subsection (1) by September 30, 2003. O. Reg. 190/03, s. 2.
(3) Subject to subsection (4), the amount of the payment to the consumer under subsection (1) shall be calculated in accordance with section 3.2.6. O. Reg. 190/03, s. 2.
(4) The payment made by Fort Frances Power Corporation Distribution Inc. under subsection (1) shall be made in respect of electricity used by the consumer other than that electricity that was reasonably attributed to the volume of electricity that is supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc. O. Reg. 190/03, s. 2.
Calculation of payments under s. 79.1 (16) of the Act
3.2.6 (1) Subject to subsection (3), the amount of a payment by Fort Frances Power Corporation Distribution Inc. to a consumer as required by section 3.2.5 shall be determined in accordance with the following formula:
(A – B)
where,
A = subject to subsection (2), the total amount that the consumer was charged by Fort Frances Power Corporation Distribution Inc. in respect of the commodity price for the electricity described in subsection 3.2.5 (4) used, including total losses, during the period from May 1, 2002 to March 31, 2003,
B = subject to subsection (2), the total amount that the consumer would have been charged by Fort Frances Power Corporation Distribution Inc. in respect of the commodity price for the electricity described in subsection 3.2.5 (4) used, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for the electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 190/03, s. 2.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if March 31, 2003 falls within a billing period which includes any day after that day, Fort Frances Power Corporation Distribution Inc. may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to March 31, 2003. O. Reg. 190/03, s. 2.
(3) The amount of the payment that Fort Frances Power Corporation Distribution Inc. is required to make under section 3.2.5 to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 190/03, s. 2.
(4) If Fort Frances Power Corporation Distribution Inc. is required to make a payment under section 3.2.5, it shall do so by,
(a) crediting the consumer’s account and showing the credit on an invoice issued to the consumer; or
(b) delivering a cheque or some other form of payment mutually agreed on to the consumer at the address provided by the consumer or at such other location as may be mutually agreed upon. O. Reg. 190/03, s. 2.
Payments by IESO under s. 79.2 (1) of the Act
3.3 (1) The amount of a payment by the IESO to a consumer under subsection 79.2 (1) of the Act shall be determined in accordance with the following formula:
(A – B) – (C – D)
where,
A = subject to subsection (2), the total amount that the consumer was charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002,
B = subject to subsection (2), the total amount that the consumer was charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, for generation station service during the period from May 1, 2002 to November 30, 2002,
C = subject to subsection (2), the total amount that the consumer would have been charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
D = subject to subsection (2), the total amount that the consumer would have been charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, for generation station service during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 30, 2002 falls within a billing period that includes any day after that day, the IESO may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to November 30, 2002. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(3) The amount of the payment that the IESO is required to make under subsection 79.2 (1) of the Act to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
(4) The IESO shall make a payment required under subsection 79.2 (1) of the Act,
(a) by crediting the consumer’s account and showing the credit on an invoice issued to the consumer; or
(b) by mailing or hand-delivering a cheque to the consumer at the most recent address known to the IESO. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1.
Obligation to make payments under s. 79.1 (14) and (15) of the Act
3.4 (1) Despite any other provision of this Regulation, for the purposes of subsections 79.1 (14) and (15) of the Act, a distributor or retailer shall make a payment to a consumer who,
(a) is a designated consumer under paragraph 6.1 of section 2; and
(b) has not received and is not eligible to receive any payment under Part V of the Act, other than a payment under this section. O. Reg. 126/03, s. 2.
(2) The amount of the payment to the consumer under subsection (1) shall be calculated in accordance with section 3.5. O. Reg. 126/03, s. 2.
Calculation of payments
3.5 (1) Subject to subsection (3), the amount of a payment by a distributor or retailer to a consumer under section 3.4 shall be determined in accordance with the following formula:
(A + B) – (C + D)
where,
A = subject to subsection (2), the total amount that the consumer was charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003,
B = subject to subsections (2) and (3), the total amount that the consumer was charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003,
C = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period,
D = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.
O. Reg. 126/03, s. 2.
(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if April 30, 2003 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to April 30, 2003. O. Reg. 126/03, s. 2.
(3) The amounts of “B” and “D” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives from the consumer or another person the information necessary to determine those amounts. O. Reg. 126/03, s. 2.
(4) The amounts of the payment that a distributor or retailer is required to make under section 3.4 to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 126/03, s. 2.
(5) A distributor or retailer who is required to make a payment under section 3.4 shall do so by crediting the consumer’s account and showing the credit on an invoice issued to the consumer or by some other form of payment mutually agreed on with the consumer at the most recent address provided by the consumer or at such other location as may be mutually agreed on. O. Reg. 126/03, s. 2.
(6) If a distributor maintains a PPVA account in respect of a consumer who is a designated consumer under paragraph 6.1 of section 2 and, on the day this section comes into force, there is a balance in the PPVA account to the credit of the distributor,
(a) subsection (1) does not apply to the consumer; and
(b) the distributor shall reduce the balance of the consumer’s account to zero. O. Reg. 126/03, s. 2.
Exemptions: s. 79.4 of the Act
4. (1) Subsection 79.4 (1) of the Act does not apply to a consumer in respect of electricity retailed to the consumer by a distributor pursuant to the distributor’s obligations under section 29 of the Electricity Act, 1998 if, within 30 days after this subsection comes into force, the distributor delivers to the Minister a letter from the Board confirming that, during the period from May 1, 2002 to November 30, 2002, the average of the rates charged by the distributor for the retailing of electricity in order to meet its obligations under section 29 of the Electricity Act, 1998 was less than 4.3 cents per kilowatt hour. O. Reg. 339/02, s. 4 (1).
(2) Despite subsection (1), subsection 79.4 (1) of the Act does not apply to,
(a) Revoked: O. Reg. 3/04, s. 1.
(b) a consumer in respect of electricity retailed to the consumer by Fort Frances Power Corporation Distribution Inc., pursuant to its obligations under section 29 of the Electricity Act, 1998, for that volume of electricity supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc.; or
(c) a designated consumer described in paragraph 7 of section 2 for that portion of electricity consumption identified in the signed declaration provided to the distributor or retailer under clause 3.1.1 (4) (b) as not relating to farming business. O. Reg. 99/03, s. 4; O. Reg. 3/04, s. 1.
(3) Subsection 79.4 (1) of the Act does not apply to a consumer with respect to generation station service. O. Reg. 433/02, s. 4.
5. Revoked: O. Reg. 94/05, s. 3.
Regulatory assets
6. The following accounts are prescribed for the purpose of paragraph 4 of section 79.13 of the Act:
1. Accounts 1508, 1525, 1562, 1571, 1572, 1574 and 2425 established in accordance with the Accounting Procedures Handbook issued by the Board, as it read on the day section 79.13 of the Act came into force.
2. RCVARetail and RCVASTR Accounts established in accordance with the Electricity Distribution Rate Handbook issued by the Board, as it read on the day section 79.13 of the Act came into force. O. Reg. 433/02, s. 5.
Limitation — no double rebates
7. Despite any other provision of this Regulation,
(a) a person who has received or is eligible to receive any payment arising from any license conditions that relate to the Minister’s directive, dated March 24, 1999, to the Board under section 28 of the Act and any subsequent directive under section 28.1 of the Act for any period, is not eligible to receive a rebate or payment under this Regulation in respect of the same period; and
(b) section 79.1 of the Act does not apply to a distributor or retailer with respect to a consumer if the consumer has received or is eligible to receive any payment arising from any license conditions that relate to the Minister’s directive, dated March 24, 1999, to the Board under section 28 of the Act and any subsequent directive under section 28.1 of the Act. O. Reg. 126/03, s. 3.
Last day for payments
8. No payment referred to in any of sections 3.1 to 3.5 shall be made after December 31, 2005. O. Reg. 479/05, s. 3.