O. Reg. 433/02: ELECTRICITY PRICING

 

ontario regulation 433/02

made under the

ontario energy board act, 1998

Made: December 23, 2002
Filed: December 24, 2002
Printed in The Ontario Gazette: January 11, 2003

Amending O. Reg. 339/02

(Electricity Pricing)

1. Ontario Regulation 339/02 is amended by adding the following section:

Definitions, this Regulation

1.1 In this Regulation,

“generation station service” has the same meaning as in the market rules;

“total losses” has the same meaning as in the Retail Settlement Code.

2. Paragraphs 3, 4 and 5 of section 2 of the Regulation are revoked and the following substituted:

3. McMichael Canadian Art Foundation.

4. Ontario Heritage Foundation.

5. The Centennial Centre of Science and Technology.

6. A consumer who has an account with a distributor, if the account relates only to one of the following:

i. A hospital within the meaning of the Community Psychiatric Hospitals Act.

ii. A psychiatric facility within the meaning of the Mental Health Act.

iii. A cancer centre established by Cancer Care Ontario under the Cancer Act.

iv. A commercially operated residence for seniors or retired persons, or any other similar commercially operated residence, where attainment of a mature age is a factor in being accepted for occupancy.

v. A nursing station, health centre, clinic or other facility that receives funding through the Ministry of Health and Long-Term Care’s Underserviced Area Program.

vi. A facility owned or leased by a person who receives funding from the Ministry of Health and Long-Term Care for one or more of the following health care support services that are provided to or are available to residents of the facility:

A. A residential treatment services program.

B. A withdrawal management services program.

C. A dedicated supportive housing project.

vii. An approved charitable institution within the meaning of the Charitable Institutions Act.

viii. A home for special care within the meaning of the Homes for Special Care Act.

ix. A community care access corporation within the meaning of the Community Care Access Corporations Act, 2001.

x. Cancer Care Ontario.

xi. A service provider within the meaning of the Long-Term Care Act, 1994.

xii. A board of health within the meaning of the Health Protection and Promotion Act.

xiii. A community health centre within the meaning of Ontario Regulation 396/93 under the Pay Equity Act.

xiv. A comprehensive health organization within the meaning of Ontario Regulation 396/93 under the Pay Equity Act.

xv. A district health council established under the Ministry of Health and Long-Term Care Act.

xvi. A facility owned by Canadian Blood Services.

xvii. An independent health facility operated under the authority of a licence issued under the Independent Health Facilities Act.

xviii. An organization that receives funding under the Ministry of Health and Long-Term Care Act.

xvix. A place where emergency hostel services are provided under the Ontario Works Act, 1997.

xx. A domiciliary hostel that receives funding under the Ministry of Community and Social Services Act.

xxi. A place where a resource centre program that receives funding under the Day Nurseries Act is provided.

xxii. A place where a recreational program that receives funding under the Day Nurseries Act is provided.

xxiii. A facility designated by the regulations under the Developmental Services Act as a facility to which that Act applies, other than a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under that Act.

xxiv. A residence licensed as a children’s residence under the Child and Family Services Act.

xxv. A facility where child development services, child treatment services, child welfare services, community support services or young offenders services, within the meaning of the Child and Family Services Act, are provided.

xxvi. A facility where child and family intervention services, within the meaning of Regulation 70 of the Revised Regulations of Ontario, 1990 made under the Child and Family Services Act, are provided.

xxvii. A place where an emergency shelter service or homelessness prevention program that receives funding under the Ministry of Community and Social Services Act is provided.

xxviii. A day nursery as defined in the Day Nurseries Act.

xxix. A sheltered workshop that receives funding under the Developmental Services Act or the Ministry of Community and Social Services Act.

xxx. A place where a supported employment program that receives funding under the Developmental Services Act or the Ministry of Community and Social Services Act is provided.

xxxi. A place where an adults’ community support service that receives funding under the Developmental Services Act is provided.

xxxii. A place where an employment preparation, training and job placement program that receives funding under the Developmental Services Act is provided.

xxxiii. A place where a violence against women program that receives funding under the Ministry of Community and Social Services Act is provided.

xxxiv. A place where an aboriginal healing and wellness program that receives funding under the Aboriginal Healing and Wellness Strategy is provided.

xxxv. An Ontario Early Years Centre or a satellite program of an Ontario Early Years Centre that receives funding under the Ministry of Community and Social Services Act.

xxxvi. A district social services administration board established under the District Social Services Administration Boards Act.

xxxvii. A place where an employment supports program that receives funding under the Ontario Disability Support Program Act, 1997 is provided.

xxxviii. A place where Rehabilitation Services for the Disabled that receive funding under the Ministry of Community and Social Services Act are provided.

xxxix. A place where interpreter services programs or intervenor services programs that receive funding under the Ministry of Community and Social Services Act are provided.

xl. A place where a discharge planning for ex-offenders program that receives funding under the Ministry of Community and Social Services Act is provided.

3. The Regulation is amended by adding the following sections:

Payments under subs. 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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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.

(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.

(3) The amounts of “B”, “C”, “E” and “F” in subsection (1) shall be deemed to be zero unless, not later than March 31, 2003, the distributor or retailer receives, from the consumer or another person, the information necessary to determine those amounts.

(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 IMO under subsection 79.2 (1) of the Act.

(5) The amount of a payment under subsection 79.1 (12) of the Act is the amount determined under subsection (1), reduced by $75.

(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.

(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.

(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.

Reductions to equal billing plan accounts under subs. 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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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.

(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.

(3) The amounts of “B”, “C”, “E” and “F” in subsection (1) shall be deemed to be zero unless, not later than March 31, 2003, the distributor receives, from the consumer or another person, the information necessary to determine those amounts.

(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 IMO under subsection 79.2 (1) of the Act.

(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.

Payments by IMO under subs. 79.2 (1) of the Act

3.3 (1) The amount of a payment by the IMO 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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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 IMO, in respect of the commodity price for electricity withdrawn from the IMO-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.

(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 IMO 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.

(3) The amount of the payment that the IMO 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.

(4) The IMO 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 IMO.

4. Section 4 of the Regulation is amended by adding the following subsection:

(3) Subsection 79.4 (1) of the Act does not apply to a consumer with respect to generation station service.

5. The Regulation is amended by adding the following sections:

Criterion for cl. 79.4 (2) (b) of the Act

5. For the purpose of clause 79.4 (2) (b) of the Act, the criterion that must be met is that the statement filed by the consumer under clause 79.4 (2) (a) of the Act must relate to a property for which an interval meter is used for billing purposes to measure the amount of all electricity used.

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. RCVA_Retail and RCVA_STR 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.