O. Reg. 383/04: Rural or Remote Electricity Rate Protection

 

ontario regulation 383/04

made under the

Ontario Energy Board Act, 1998

Made: December 8, 2004
Filed: December 10, 2004
Printed in The Ontario Gazette: December 25, 2004

Amending O. Reg. 442/01

(Rural or Remote Electricity Rate Protection)

1. (1) The definition of “Transitional Revenue Allocation Agreement” in subsection 1 (1) of Ontario Regulation 442/01 is revoked.

(2) Subsection 1 (2) of the Regulation is revoked.

2. Paragraph 1 of section 2 of the Regulation is revoked.

3. Section 3 of the Regulation is revoked.

4. (1) Subsection 4 (1) of the Regulation is amended by striking out “in each of the years 2003 and 2004” and substituting “in each of the years 2004 and 2005”.

(2) Section 4 of the Regulation is amended by adding the following subsection:

(1.1) The total amount of rate protection for eligible consumers in each year after 2005 shall not exceed $127 million and shall be based on the amount of rate protection provided by the distributor to eligible consumers for the previous year plus the amount calculated under subsection (2).

(3) Subsection 4 (2) of the Regulations is amended by striking out “For each of the years 2003 and 2004” and substituting “For each year”.

(4) Subsection 4 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(4) For each year, the Board shall calculate the amount of rate protection for individual consumers referred to in subsection 79 (2) of the Act and in section 2 of this Regulation in a manner that ensures that the total amount of rate protection for those consumers is equal to the total amount of rate protection available for the year under subsection (1) or (1.1), according to the following rules:

. . . . .

(5) Paragraph 1 of subsection 4 (4) of the Regulation is revoked.

(6) Paragraph 4 of subsection 4 (4) of the Regulation is amended by striking out “paragraphs 1, 2 and 3” in the portion before subparagraph i and substituting “paragraphs 2 and 3”.

(7) Section 4 of the Regulation is amended by adding the following subsection:

(5) Any distributor that distributes electricity to eligible consumers shall provide, on a quarterly basis, such information relating to this Regulation as the Board may require, in a form specified by the Board.

5. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:

(1) The Board shall calculate the amount of the charge to be collected by the IMO under subsection (5) for each kilowatt hour of electricity that is withdrawn from the IMO-controlled grid, as determined in accordance with the market rules, for use by consumers in Ontario, so that the total amount forecast to be collected is equal to the total amount of rate protection to be provided.

(2) Subsections 5 (10) and (11) of the Regulation are revoked.

(3) Subsection 5 (12) of the Regulation is revoked and the following substituted:

(12) If the amount collected under subsection (5) in a year exceeds the total amount of rate protection available for eligible consumers under subsection 4 (1) or (1.1) in the year, the excess less the amount used to provide rate protection under subparagraph 4 iii of subsection 4 (4) shall be applied against the amount necessary to compensate distributors who are entitled to compensation under subsection 79 (3) of the Act for the following year.

(4) Subsection 5 (13) of the Regulation is revoked and the following substituted:

(13) If the amount collected under subsection (5) in a year is less than the total amount of rate protection available for eligible consumers under subsection 4 (1) or (1.1) in the year, the difference plus the amount used to provide rate protection under subparagraph 4 iii of subsection 4 (4) shall be added to the amount necessary to compensate distributors who are entitled to compensation under subsection 79 (3) of the Act for the following year.

6. Section 6 of the Regulation is revoked.

7. Schedules 1 to 15 to the Regulation are revoked.