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O. Reg. 190/03: ELECTRICITY PRICING
filed May 12, 2003 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
Skip to contentontario regulation 190/03
made under the
Ontario Energy Board act, 1998
Made: May 7, 2003
Filed: May 12, 2003
Printed in The Ontario Gazette: May 31, 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, 99/03 and 126/03. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.
1. Subsection 3 (2) of Ontario Regulation 339/02 is revoked and the following substituted:
(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.
(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.
2. The Regulation is amended by adding the following sections:
Payments under subs. 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.
(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.
(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.
(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.
. . . .
Obligation to make payments under subs. 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.
(2) A consumer shall make a request for a payment under subsection (1) by September 30, 2003.
(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.
(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.
Calculation of payments under subs. 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.
(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.
(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.
(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.