O. Reg. 95/05: CLASSES OF CONSUMERS AND DETERMINATION OF RATES

 

ontario regulation 95/05

made under the

Ontario Energy Board Act, 1998

Made: March 10, 2005
Filed: March 11, 2005
Printed in The Ontario Gazette: March 26, 2005

Classes of Consumers and Determination of Rates

Definitions

1. In this Regulation,

“generation station service” has the same meaning as in the market rules;

“interval meter” means a meter that measures and records electricity use on at least an hourly basis or a time-of-use meter that is capable of providing data on at least an hourly basis.

Class of consumers, s. 78 (3.1)

2. The following are prescribed as classes of consumers for the purposes of subsection 78 (3.1) of the Act:

1. Consumers who are charged by a distributor for the distribution of electricity as a general service, less than 50 kilowatt demand rate-class customer in accordance with an order of the Board made under section 78 of the Act.

2. Consumers who are charged by a distributor for the distribution of electricity as a residential rate-class customer in accordance with an order of the Board made under section 78 of the Act.

3. Consumers who have an average monthly demand of less than 50 kilowatts and are charged by Hydro One Networks Inc. for the distribution of electricity as a customer in one of its general service rate classes in accordance with an order of the Board made under section 78 of the Act.

4. Consumers who are engaged in the business of farming and who are charged by Hydro One Networks Inc. for the distribution of electricity as a farm rate-class customer or an industrial commercial general service, urban density rate-class customer in accordance with an order of the Board made under section 78 of the Act. 

Date on which rates take effect, s. 78 (3.1)

3. The Board shall begin approving or fixing rates for the purpose of subsection 78 (3.1) of the Act on April 1, 2008.

Class of consumers, s. 79.16

4. The following are prescribed as the class of consumers for the purposes of subsection 79.16 (1) of the Act:

1. Designated consumers.

2. Low-volume consumers.

Prescribed date, s. 79.16

5. April 1, 2005 is the prescribed date for the purpose of clause 79.16 (1) (b) of the Act.

Determining rates, s. 79.16

6. (1) For the purpose of clause 79.16 (1) (b) of the Act, the Board shall determine rates in the following manner:

1. The Board shall determine rates in a manner that is consistent with the Standard Supply Service Code issued by the Board.

2. The first rates determined by the Board shall remain in effect for not less than 12 months.  The Board shall determine separate rates after that time for periods of not more than 12 months or for such shorter time periods as the Minister may direct.

3. In determining the rates, the Board shall forecast the cost of electricity to be consumed by the consumers to whom the rates apply, taking into consideration adjustments required under section 25.33 of the Electricity Act, 1998 and shall ensure that the rates reflect those costs.

(2) In making its forecast under paragraph 3 of subsection (1) for the purpose of determining its first rates, the Board shall take into account any potential rebate payment from Ontario Power Generation Inc. that results from Order-in-Council 207/2005, dated February 16, 2005.

Exemptions, s. 79.16

7. (1) Clause 79.16 (1) (b) of the Act does not apply to a consumer in respect of electricity retailed to the consumer by Fort Frances Power Corporation Distribution Inc. pursuant to its obligations under section 29 of the Electricity Act, 1998 for the volume of electricity supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc.

(2) Clause 79.16 (1) (b) of the Act does not apply to a designated consumer described in paragraph 8 of subsection 1 (2) of Ontario Regulation 161/99 (Definitions and Exemptions) made under the Act for that portion of electricity consumption identified in the signed declaration provided to the distributor or retailer under clause 3.1.1 (4) (b) of Ontario Regulation 339/02 (Electricity Pricing) made under the Act as not relating to farming business.

(3) Subsection 79.16 (1) of the Act does not apply to a consumer with respect to generation station service.

Criteria for purpose of s. 79.16 (4) (b)

8. (1) For the purpose of clause 79.16 (4) (b) of the Act, the criteria are that,

(a) the consumer must file a written statement in accordance with clause 79.16 (4) (a) of the Act; and

(b) the statement must relate to a property for which an interval meter is used for billing purposes to measure the amount of electricity used.

(2) A consumer who on or before March 31, 2005 meets the criteria of subsection 79.4 (2) of the Act shall be deemed to meet the criteria set out in subsection (1).

Commencement

9. This Regulation comes into force on the later of the day it is filed and April 1, 2005.