O. Reg. 126/03: ELECTRICITY PRICING

 

ontario regulation 126/03

made under the

Ontario energy board act, 1998

Made: April 2, 2003
Filed: April 7, 2003
Printed in The Ontario Gazette: April 26, 2003

Amending O. Reg. 339/02

(Electricity Pricing)

Note: Since the end of 2002, Ontario Regulation 339/02 has been amended by Ontario Regulations 51/03 and 99/03.  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:

6.1 A consumer who annually uses at least 150,000 but not more than 250,000 kilowatt hours of electricity and who is not otherwise eligible for treatment as a designated consumer under the Act or this Regulation.

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

Obligation to make payments under subss. 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.

(2) The amount of the payment to the consumer under subsection (1) shall be calculated in accordance with section 3.5.

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.

(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. 

(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.

(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.

(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.

(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.

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

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.