O. Reg. 163/12: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

 

ontario regulation 163/12

made under the

Electricity Act, 1998

Made: June 20, 2012
Filed: June 22, 2012
Published on e-Laws: June 22, 2012
Printed in The Ontario Gazette: July 7, 2012

Amending O. Reg. 429/04

(Adjustments under section 25.33 of the act)

1. Part III of Ontario Regulation 429/04 is amended by adding the following sections:

Class A and B consumers - calculation required for separate load facilities

6.1 (1) For the purpose of paragraph 3 of subsection 6 (1), a consumer’s maximum hourly demand for electricity in a month from the licensed distributor referred to in paragraph 2 of that subsection shall be determined separately for each of its load facilities.

(2) For the purpose of subsection 6 (1), a consumer in Ontario,

(a) is a Class A consumer in respect of each of its load facilities for which the maximum hourly demand for electricity in a month from the licensed distributor referred to in paragraph 2 of subsection 6 (1) exceeds an average of 5 megawatts for the applicable base period; and

(b) is a Class B consumer in respect of each of its load facilities for which the maximum hourly demand for electricity in a month from the licensed distributor referred to in paragraph 2 of subsection 6 (1) does not exceed an average of 5 megawatts for the applicable base period.

(3) For the purpose of making any other determination or calculation under this Regulation in respect of a consumer in Ontario that is both a Class A consumer and a Class B consumer, one determination or calculation shall be made for the load facilities in respect of which the consumer is a Class A consumer and one determination or calculation shall be made for the load facilities in respect of which the consumer is a Class B consumer, and the amount invoiced to the consumer shall be the sum of the two amounts.

(4) Subsections (1), (2) and (3) do not apply to a person or entity that was a Class A consumer, as determined in the base period ending April 30, 2012, in respect of each of its load facilities that is described in one of the following paragraphs:

1. The load facility was registered by the consumer with a licensed distributor on or before June 1, 2012.

2. The load facility was the subject of a written notice given by the consumer to a licensed distributor on or before June 1, 2012 of the consumer’s intention to register the load facility with the licensed distributor.

(5) In this section,

“load facility” means a facility that withdraws electricity from the distribution system of a licensed distributor.

. . . . .

Class A and B market participants - calculation required for separate load facilities

7.1 (1) For the purpose of paragraph 3 of subsection 7 (1), a market participant’s maximum hourly demand for electricity in a month, as determined by the IESO, shall be determined separately for each of its load facilities.

(2) For the purpose of subsection 7 (1), a market participant in Ontario,

(a) is a Class A market participant for an adjustment period under this Part in respect of each of its load facilities for which the maximum hourly demand for electricity in a month, as determined by the IESO, exceeds an average of 5 megawatts for the applicable base period; and

(b) is a Class B market participant for an adjustment period under this Part in respect of each of its load facilities for which the maximum hourly demand for electricity in a month, as determined by the IESO, does not exceed an average of 5 megawatts for the applicable base period.

(3) For the purpose of making any other determination or calculation under this Regulation in respect of a market participant in Ontario that is both a Class A market participant and a Class B market participant, one determination or calculation shall be made for the load facilities in respect of which the market participant is a Class A market participant and one determination or calculation shall be made for the load facilities in respect of which the market participant is a Class B market participant, and the amount invoiced to the market participant shall be the sum of the two amounts.

(4) Subsections (1), (2) and (3) do not apply to a person or entity that was a Class A market participant, as determined in the base period ending April 30, 2012, in respect of each of its load facilities that is described in one of the following paragraphs:

1. The load facility was registered by the market participant with the IESO on or before June 1, 2012.

2. The load facility was the subject of a written notice given by the market participant to the IESO on or before June 1, 2012 of the market participant’s intention to register the load facility with the IESO.

(5) In this section,

“load facility” means a load facility or an embedded load facility, as those terms are defined in the market rules.

Commencement

2. This Regulation comes into force on the day it is filed.