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O. Reg. 191/03: PAYMENTS RE SECTIONS 79.1 AND 79.2 OF THE ACT

filed May 12, 2003 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B

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ontario regulation 191/03

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. 341/02

(Payments Re Sections 79.1 and 79.2 of the Act)

Note: Since the end of 2002, Ontario Regulation 341/02 has been amended by Ontario Regulations 52/03 and 100/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Ontario Regulation 341/02 is amended by adding the following sections:

Payments by the IMO to Fort Frances Power

14.8 (1) In this section,

“entitled Fort Frances Power consumer” means a consumer entitled to a payment under subsection 79.1 (16) of the Act by virtue of section 3.2.5 of Ontario Regulation 339/02 (Electricity Pricing);

“Fort Frances Power” means Fort Frances Power Corporation Distribution Inc.

(2) The IMO shall make a payment to Fort Frances Power that is equal to the aggregate of the payments that Fort Frances Power is required to make under subsection 79.1 (16) of the Act to entitled Fort Frances Power consumers.

(3) The IMO shall make the payment required by subsection (2) after receiving a statement from Fort Frances Power setting out the number of entitled Fort Frances Power consumers to whom Fort Frances Power is required to make a payment under subsection 79.1 (16) of the Act and the total amount payable by Fort Frances Power to those consumers.

(4) The IMO shall make a payment required by this section by paying Fort Frances Power an amount payable to it under this section or by way of set-off of the amount against amounts payable to the IMO by Fort Frances Power.

(5) The IMO shall make the payment required by this section to Fort Frances Power even if Fort Frances Power has not yet made any payments to entitled Fort Frances Power consumers under subsection 79.1 (16) of the Act.

(6) Fort Frances Power shall provide the following information to the IMO and the Financial Corporation forthwith after making the payments required under subsection 79.1 (16) of the Act to entitled Fort Frances Power consumers:

1. The number of entitled Fort Frances Power consumers to whom Fort Frances Power made a payment under subsection 79.1 (16) of the Act.

2. The total amount paid by Fort Frances Power under subsection 79.1 (16) of the Act to those entitled Fort Frances Power consumers.

Payments by the Financial Corporation to the IMO re Fort Frances Power

14.9 (1) The Financial Corporation shall make a payment to the IMO equal to the amount, if any, that the IMO is required to make to Fort Frances Power under section 14.8.

(2) The Financial Corporation shall make the payment required by subsection (1) after receiving from the IMO such information as the Financial Corporation may require concerning Fort Frances Power and the payments to be made by the IMO under section 14.8.

(3) The Financial Corporation shall make the payment required by subsection (1) even if the IMO has not yet made any payment to Fort Frances Power under section 14.8.

(4) The Financial Corporation may make the payment required by subsection (1) by paying the amount to the IMO or by way of set-off of the amount in the accounts maintained by the IMO, at the option of the Financial Corporation.

(5) In this section,

“Fort Frances Power” means Fort Frances Power Corporation Distribution Inc.