O. Reg. 99/03: ELECTRICITY PRICING

 

ontario regulation 99/03

made under the

Ontario Energy Board Act, 1998

Made: March 19, 2003
Filed: March 26, 2003
Printed in The Ontario Gazette: April 12, 2003

Amending O. Reg. 339/02

(Electricity Pricing)

Note: Since the end of 2002, Ontario Regulation 339/02 has been amended by Ontario Regulation 51/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Section 2 of Ontario Regulation 339/02 is amended by adding the following paragraph:

7. A consumer who has an account with a distributor if,

i. the consumer carries on a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993,

ii. as of March 31, 2003, either the consumer held a valid registration number assigned under the Farm Registration and Farm Organizations Funding Act, 1993 or the consumer’s obligation to file a farming business registration form was waived pursuant to an order made under subsection 22 (6) of that Act, and

iii. the consumer is not otherwise eligible for treatment as a designated consumer under any provision of the Act or other provision of this Regulation with respect to its farming business.

2. The Regulation is amended by adding the following section:

Payments under subs. 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.

(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.

(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. 

(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).

(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. 

(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.

(7) In this section,

“designated farming consumer” means a designated consumer described in paragraph 7 of section 2.

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

Obligation to make payments under subs. 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.

(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.

(3) The amount of the payment to the consumer under subsection (1) shall be calculated in accordance with section 3.2.4.

Calculation of payments under subs. 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.

(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. 

(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.

(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.

4. Subsection 4 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), subsection 79.4 (1) of the Act does not apply to,

(a) a consumer in respect of electricity retailed to the consumer by PUC Distribution Inc. pursuant to its obligations under section 29 of the Electricity Act, 1998;

(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.