O. Reg. 542/05: Debt Retirement Charge - Rates and Exemptions

 

ontario regulation 542/05

made under the

Electricity Act, 1998

Made: August 18, 2005
Filed: October 24, 2005
Printed in The Ontario Gazette: November 12, 2005

Amending O. Reg. 493/01

(Debt Retirement Charge — Rates and Exemptions)

1. (1) Subsection 1 (1) of Ontario Regulation 493/01 is amended by adding the following definition:

“agricultural bio-mass resource” means an agricultural bio-mass resource as defined in section 1 of the Net Metering Regulation;

(2) Clause (b) of the definition of “exempt self-generated electricity” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of subclause (ii), by adding “or” at the end of subclause (iii) and by adding the following subclause:

(iv) generated in a net metered generation facility by a person who has entered into a net metering agreement with a distributor in respect of electricity generated by that net metered generation facility;

(3) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“invoice” includes a bill, statement, receipt or other document that contains a request for payment or a notice or acknowledgement of a payment;

“net metered generation facility” means a generation facility,

(a) that has a maximum cumulative output capacity of not more than 500 kilowatts and that generates electricity solely from a renewable energy source, or

(b) that is connected to a distribution system in accordance with a net metering agreement referred to in section 5 of the Net Metering Regulation;

“net meterer” means a user who has entered into a net metering agreement with a distributor;

“net metering agreement” means an agreement to net meter that is governed by the Net Metering Regulation or that is referred to in section 5 of that regulation;

“Net Metering Regulation” means Ontario Regulation 541/05 (Net Metering) made under the Ontario Energy Board Act, 1998;

“Retail Settlement Code” means the Retail Settlement Code issued by the Board under the Ontario Energy Board Act, 1998;

(4) Section 1 of the Regulation is amended by adding the following subsection:

(3) For the purposes of the definition of “net metered generation facility” in subsection (1), electricity is generated from a renewable energy source if the electricity is generated from the wind, a drop in water elevation, solar radiation or an agricultural bio-mass resource or from any combination of them.

2. Subsection 2 (1) of the Regulation is amended by striking out “on or after the day subsection 26 (1) of the Act comes into force” in the portion before clause (a) and substituting “on or after May 1, 2002”.

3. (1) Section 4 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Exemption, service station

4. A generator who is a self-generating user but whose main generation function is to generate electricity for sale is exempt from the requirement to pay a debt retirement charge in respect of the number of kilowatt hours of electricity,

. . . . .

(2) Clause 4 (a) of the Regulation is amended by striking out “IMO-controlled grid” and substituting “IESO-controlled grid”.

4. (1) Clause 5 (1) (b) of the Regulation is revoked and the following substituted:

(b) the number of kilowatt hours of self-generated electricity consumed in the year by the self-generating user or by another person at the expense of the self-generating user.

(2) Subclause 5 (2) (a) (i) of the Regulation is amended,

(a) by striking out “owned and operated” and substituting “owned or operated”; and

(b) by striking out “generating units” wherever it appears and substituting in each case“generation units”.

(3) Clause (a) of the definition of “A” in subsection 5 (3) of the Regulation is amended by striking out “generating units” and substituting “generation units”.

(4) Subsection 5 (4) of the Regulation is revoked and the following substituted:

(4) For 2002, the number of kilowatt hours determined as “A” in subsection (3) must be reduced to the amount determined by multiplying 245 by the quotient determined by dividing the number of kilowatt hours that would otherwise be determined under subsection (3) as “A” by 365.

5. Subsections 6 (1), (2) and (3) of the Regulation are revoked and the following substituted:

Determining the amount of electricity

(1) For the purposes of sections 2 and 3, the amount of electricity, other than self-generated electricity, that is consumed in a period by a user who is not a net meterer is determined in accordance with the Retail Settlement Code without any adjustment for total losses, as defined in that Code.

(1.1) For the purposes of sections 2 and 3, the amount of electricity, other than self-generated electricity, that is consumed in a period by a user who is a net meterer is determined in accordance with the Retail Settlement Code without any adjustment for total losses, as defined in that Code, but is subject to any adjustment made in accordance with the Net Metering Regulation.

(2) Despite subsections (1) and (1.1), the amount of electricity consumed in a period by a user in respect of whom the IESO is the collector is the amount of electricity withdrawn during the period by the user from the IESO-controlled grid, as determined under the market rules.

(3) On the written request of the user or the Minister, the person making a determination in a manner described in subsection (1), (1.1) or (2) shall provide to the user or the Minister, as the case may be, a written explanation of the basis on which the determination was made and details of the calculations used in the determination.

6. (1) Subsection 7 (1) of the Regulation is amended by striking out “generating units” in the portion before clause (a) and substituting “generation units”.

(2) Clause 7 (1) (a) of the Regulation is amended by striking out “generating units” wherever it appears and substituting in each case “generation units”.

(3) Clause 7 (1) (b) of the Regulation is amended by striking out “generating units” and substituting “generation units”.

(4) Subsection 7 (2) of the Regulation is amended by striking out “generating units” and substituting “generation units”.

7. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 5 come into force on January 23, 2006.

(3) Subsections 3 (1) and 4 (2) shall be deemed to have come into force on May 1, 2002.