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O. Reg. 20/02: DEFINITIONS AND EXEMPTIONS

filed January 25, 2002 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B

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ontario regulation 20/02

made under the

ontario Energy board act, 1998

Made: January 23, 2002
Filed: January 25, 2002
Printed in The Ontario Gazette: February 9, 2002

Amending O. Reg. 161/99

(Definitions and Exemptions)

1. Ontario Regulation 161/99 is amended by adding the following sections:

4.0.2 (1) Clause 57 (b) of the Act and the other provisions of the Act listed in subsection (2) do not apply to a transmitter if,

(a) the transmitter owns or operates a transmission system that is entirely located on land on which one or more of the types of buildings or facilities described in subsection 4.0.1 (1) is also located;

(b) the transmission system owned or operated by the transmitter was in existence on January 1, 2002 and, since that day, has been used only for the purpose of permitting another person that holds a licence authorizing the other person to own or operate a transmission system to convey electricity from the IMO-controlled grid to consumers;

(c) the transmitter is a consumer and transmits electricity only for,

(i) the purpose of using it for the transmitter’s own consumption, or

(ii) the purpose described in clause (b), if the transmission system owned or operated by the transmitter was in existence on January 1, 2002 and, since that day, has been used for the purpose described in clause (b);

(d) the transmitter is a generator and transmits electricity only for,

(i) the purpose of conveying it into the IMO-controlled grid,

(ii) the purpose of transmitting electricity during,

(A) planned outages as defined in the market rules that have been approved by the IMO in accordance with the market rules,

(B) forced outages as defined in the market rules, or

(C) emergencies as defined in the market rules, or

(iii) the purpose described in clause (b), if the transmission system owned or operated by the transmitter was in existence on January 1, 2002 and, since that day, has been used for the purpose described in clause (e); or

(e) the transmitter is a consumer and a generator and transmits electricity only for,

(i) the purpose described in subclause (c) (i),

(ii) the purpose described in subclause (d) (i) or (ii), or

(iii) the purpose described in clause (b), if the transmission system owned or operated by the transmitter was in existence on January 1, 2002 and, since that day, has been used for the purpose described in clause (b).

(2) The other provisions of the Act referred to in subsection (1) are the following:

1. Section 71.

2. Section 78.

3. Section 80.

4. Section 86.

4.0.3 Clause 57 (b) and sections 71, 78, 86 and 92 of the Act do not apply to Cedars Rapids Transmission Co.

2. Section 4.1 of the Regulation is revoked and the following substituted:

4.1 (1) Clause 57 (d) of the Act does not apply to a retailer if the only electricity retailed by the retailer was purchased by the retailer from another person that holds a licence authorizing the other person to own or operate a distribution system or to retail electricity, the retailer that purchased the electricity retails it at a price that is no greater than the price the retailer purchased it for, and,

(a) the retailer that purchased the electricity retails it only on land on which one or more of the types of buildings or facilities described in subsection 4.0.1 (1) is located;

(b) the principal activity of the retailer that purchased the electricity is the management of property and the retailer retails the electricity only to occupants of the property; or

(c) the retailer that purchased the electricity retails the electricity only to its franchisees, licensees or affiliates or to franchisees or licensees of its affiliates, and, with respect to the persons to which it retails electricity, the retailer that purchased the electricity submitted a service transaction request in accordance with the Retail Settlement Code approved by the Board.

(2) Clause 57 (d) of the Act does not apply to Cornwall Street Railway Light & Power Company Limited, Great Lakes Power Corporation Limited or Granite Power Distribution Corporation until March 1, 2002.

4.2 (1) Section 66 of the Act does not apply to Cornwall Street Railway Light & Power Company Limited with respect to,

(a) the distribution system serving customers under the agreement entered into by Cornwall Street Railway Light & Power Company Limited and The Corporation of the Township of Charlottenburgh on October 8, 1985;

(b) the distribution system serving customers under the agreement entered into by Cornwall Street Railway Light & Power Company Limited and The Corporation of the Township of Cornwall on December 4, 1985; or

(c) the distribution system serving customers under the franchise agreement entered into by Cornwall Street Railway Light and Power Company Limited and The Corporation of the City of Cornwall on July 31, 1998.

(2) Subsection (1) does not apply with respect to a transmission system or distribution system owned or operated by Cornwall Street Railway Light & Power Company Limited or an affiliate of Cornwall Street Railway Light & Power Company Limited if the system is connected to the IMO-controlled grid.

4.3 Clause 70 (2) (e) of the Act does not apply to Hydro One Remote Communities Inc.

3. Section 5 of the Regulation is amended by adding the following subsections:

(4) Section 71 of the Act does not apply to Cornwall Street Railway Light & Power Company Limited or to Great Lakes Power Corporation Limited.

(5) Subsection (4) does not apply after December 31, 2008.

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

6.0.1 Section 80 of the Act does not apply to Hydro One Remote Communities Inc.

6.0.2 Section 81 of the Act does not apply to Hydro One Remote Communities Inc.

6/02