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O. Reg. 257/22: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

filed April 1, 2022 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

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ontario regulation 257/22

made under the

Electricity Act, 1998

Made: March 31, 2022
Filed: April 1, 2022
Published on e-Laws: April 4, 2022
Printed in The Ontario Gazette: April 16, 2022

Amending O. Reg. 429/04

(ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT)

1. The definition of “OPA” in subsection 1 (1) of Ontario Regulation 429/04 is revoked.

2. The definition of “peak hours” in subsection 5 (1) of the Regulation is revoked and the following substituted:

“peak hours” means, in respect of a base period, the following five one-hour periods in the base period, determined in accordance with the rules set out in subsection 9 (4):

1.  The one-hour period in the base period in which the greatest volume of electricity was dispatched through the IESO-administered markets for the purpose of supplying Ontario demand.

2.  The one-hour period in the same base period in which the greatest volume of electricity was dispatched through the IESO-administered markets for the purpose of supplying Ontario demand, if the base period excluded the day in which the one-hour period referred to in paragraph 1 occurred.

3.  The one-hour period in the same base period in which the greatest volume of electricity was dispatched through the IESO-administered markets for the purpose of supplying Ontario demand, if the base period excluded the days in which the one-hour periods referred to in paragraphs 1 and 2 occurred.

4.  The one-hour period in the same base period in which the greatest volume of electricity was dispatched through the IESO-administered markets for the purpose of supplying Ontario demand, if the base period excluded the days in which the one-hour periods referred to in paragraphs 1, 2 and 3 occurred.

5.  The one-hour period in the same base period in which the greatest volume of electricity was dispatched through the IESO-administered markets for the purpose of supplying Ontario demand, if the base period excluded the days in which the one-hour periods referred to in paragraphs 1, 2, 3 and 4 occurred;

3. (1) Paragraph 5 of subsection 6 (1) of the Regulation is revoked and the following substituted:

5.  The consumer has provided to its licensed distributor on or before June 15 of the calendar year in which the adjustment period begins,

i.  the consumer’s legal name and the name under which it carries on business in respect of each of its Class A load facilities,

ii.  the address, geographic location and NAICS code of each of the consumer’s Class A load facilities, and

iii.  written consent for the distributor to provide the information in subparagraphs i and ii to the IESO and to the Ministry of Energy, and for the Ministry to publish that information.

6.  In the case of an adjustment period commencing on or after July 1, 2022, the consumer has provided written consent to its licensed distributor, on or before June 15 of the calendar year in which the adjustment period begins, that permits the distributor to provide the following information for each of the consumer’s Class A load facilities, in an anonymized format, to the IESO and to the Ministry of Energy and permits the Ministry to publish that information:

i.  The volume of electricity distributed by the licensed distributor to the load facility during the applicable base period.

ii.  The average, measured over the applicable base period, of the maximum hourly demand for electricity in respect of the load facility from the licensed distributor during each month of the applicable base period.

iii.  The peak demand factor of the load facility for the adjustment period.

iv.  The NAICS code of the load facility for the adjustment period.

(2) Section 6 of the Regulation is amended by adding the following subsections:

(1.1) For the purposes of paragraphs 5 and 6 of subsection (1), a failure to provide information or consent with respect to one load facility for an adjustment period does not affect the consumer’s ability to become a Class A consumer with respect to its other load facilities for that adjustment period.

(1.2) If any of the information provided by the consumer under paragraph 5 or 6 of subsection (1) changes during the adjustment period, the consumer shall promptly provide the updated information to its licensed distributor.

(1.3) The licensed distributor may, for the purposes of this Regulation, rely on information provided to it by the consumer under paragraph 5 or 6 of subsection (1) or subsection (1.2).

(1.4) A consent provided for the purposes of paragraph 5 or 6 of subsection (1) in respect of an adjustment period may not be revoked.

4. Subsection 6.1 (3) of the Regulation is revoked and the following substituted:

(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 each of the load facilities in respect of which the consumer is a Class A consumer and one determination or calculation shall be made for each of the load facilities in respect of which the consumer is a Class B consumer.

5. (1) Paragraph 2 of subsection 6.1.1 (1.1) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(2) Paragraph 3 of subsection 6.1.1 (1.2) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(3) Section 6.1.1 of the Regulation is amended by adding the following subsection:

(1.3) For the purposes of subsections (1.1) and (1.2), subsections 6 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 6 (1).

6. (1) Paragraph 1 of subsection 6.2 (1) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(2) Subparagraph 3 i of subsection 6.2 (1) of the Regulation is revoked and the following substituted:

i.  the consumer entered into a contract with the IESO or with a licensed distributor to participate in an eligible program, pilot or project listed in subsection (3) offered by the IESO, the licensed distributor or both of them, and

(3) Section 6.2 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), subsections 6 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 6 (1).

(4) Subsection 6.2 (3) of the Regulation is revoked and the following substituted:

(3) The eligible programs, pilots and projects for the purposes of paragraph 3 of subsection (1) are the following:

1.  Conservation and Demand Management (CDM) programs and pilots administered by the IESO, a licensed distributor or both of them, that are established or included under,

i.  an implementation plan as defined in subsection 25.32 (1) of the Act,

ii.  a directive issued under subsection 25.32 (5) of the Act, or

iii.  a direction continued under subsection 25.32 (9) of the Act, as amended.

2.  IESO demand response auctions and pilots established under the market rules.

3.  IESO capacity auctions and pilots established under the market rules, if the contract referred to in subparagraph 3 i of subsection (1) is for demand response resources.

7. (1) Subsection 6.3 (1) of the Regulation is amended by adding the following paragraph:

0.1  The conditions set out in paragraphs 1, 2, 4, 5 and 6 of subsection 6 (1) are satisfied for the load facility for the applicable adjustment period.

(2) Subparagraph 2 i of subsection 6.3 (1) of the Regulation is revoked and the following substituted:

i.  the consumer entered into a contract with the IESO or with a licensed distributor to participate in an eligible program, pilot or project listed in subsection 6.2 (3) offered by the IESO, the licensed distributor or both of them, and

(3) Section 6.3 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), subsections 6 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 6 (1).

8. (1) Paragraph 5 of subsection 7 (1) of the Regulation is revoked and the following substituted:

5.  The market participant has provided to the IESO on or before June 15 of the calendar year in which the adjustment period begins,

i.  the market participant’s legal name and the name under which it carries on business in respect of each of its Class A load facilities,

ii.  the address, geographic location and NAICS code of each of the market participant’s Class A load facilities, and

iii.  written consent for the IESO to provide the information in subparagraphs i and ii to the Ministry of Energy, and for the Ministry to publish that information.

6.  In the case of an adjustment period commencing on or after July 1, 2022, the market participant has provided written consent to the IESO, on or before June 15 of the calendar year in which the adjustment period begins, that permits the IESO to provide the following information for each of the market participant’s Class A load facilities, in an anonymized format, to the Ministry of Energy and permits the Ministry to publish that information:

i.  The volume of electricity withdrawn from the IESO-controlled grid in respect of the load facility during the applicable base period.

ii.  The average, measured over the applicable base period, of the maximum hourly demand for electricity in a month, as determined by the IESO, in respect of the load facility.

iii.  The peak demand factor of the load facility for the adjustment period.

iv.  The NAICS code of the load facility for the adjustment period.

(2) Section 7 of the Regulation is amended by adding the following subsections:

(1.1) For the purposes of paragraphs 5 and 6 of subsection (1), a failure to provide information or consent with respect to one load facility for an adjustment period does not affect the market participant’s ability to become a Class A market participant with respect to its other load facilities for that adjustment period.

(1.2) If any of the information provided by the market participant under paragraph 5 or 6 of subsection (1) changes during the adjustment period, the market participant shall promptly provide the updated information to the IESO.

(1.3) The IESO may, for the purposes of this Regulation, rely on information provided to it by the market participant under paragraph 5 or 6 of subsection (1) or subsection (1.2).

(1.4) A consent provided for the purposes of paragraph 5 or 6 of subsection (1) in respect of an adjustment period may not be revoked.

9. Subsection 7.1 (3) of the Regulation is revoked and the following substituted:

(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 each of 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 each of the load facilities in respect of which the market participant is a Class B market participant.

10. (1) Paragraph 2 of subsection 7.1.1 (1.1) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(2) Paragraph 3 of subsection 7.1.1 (1.2) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(3) Section 7.1.1 of the Regulation is amended by adding the following subsection:

(1.3) For the purposes of subsections (1.1) and (1.2), subsections 7 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 7 (1).

11. (1) Paragraph 1 of subsection 7.2 (1) of the Regulation is amended by striking out “2 and 4” and substituting “2, 4, 5 and 6”.

(2) Subparagraph 3 i of subsection 7.2 (1) of the Regulation is revoked and the following substituted:

i.  the market participant entered into a contract with the IESO or with a licensed distributor to participate in an eligible program, pilot or project listed in subsection (3) offered by the IESO, the licensed distributor or both of them, and

(3) Section 7.2 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), subsections 7 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 7 (1).

(4) Subsection 7.2 (3) of the Regulation is revoked and the following substituted:

(3) The eligible programs, pilots and projects for the purposes of paragraph 3 of subsection (1) are the following:

1.  Conservation and Demand Management (CDM) programs and pilots administered by the IESO, a licensed distributor or both of them, that are established or included under,

i.  an implementation plan as defined in subsection 25.32 (1) of the Act,

ii.  a directive issued under subsection 25.32 (5) of the Act, or

iii.  a direction continued under subsection 25.32 (9) of the Act, as amended.

2.  IESO demand response auctions and pilots established under the market rules.

3.  IESO capacity auctions and pilots established under the market rules, if the contract referred to in subparagraph 3 i of subsection (1) is for demand response resources.

12. (1) Subsection 7.3 (1) of the Regulation is amended by adding the following paragraph:

0.1  The conditions set out in paragraphs 1, 2, 4, 5 and 6 of subsection 7 (1) are satisfied for the load facility for the applicable adjustment period.

(2) Subparagraph 2 i of subsection 7.3 (1) of the Regulation is revoked and the following substituted:

i.  the market participant entered into a contract with the IESO or with a licensed distributor to participate in an eligible program, pilot or project listed in subsection 7.2 (3) offered by the IESO, the licensed distributor or both of them, and

(3) Section 7.3 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), subsections 7 (1.1) to (1.4) apply, with necessary modifications, with respect to the application of paragraphs 5 and 6 of subsection 7 (1).

13. Section 8 of the Regulation is revoked and the following substituted:

Effect of transfer of load facility re Class A consumer

8. (1) In this section,

“effective date” means,

(a)  for the purposes of subsections (2) and (3), the day that is 10 business days after the licensed distributor receives the notice referred to in clause (2) (c) and any information required under clause (2) (d), or

(b)  for the purposes of subsections (4) to (6), the day that is 10 business days after the day the licensed distributor receives the notice referred to in clause (4) (f) and any information required under clause (4) (g).

(2) Subsection (3) applies to the transfer of title to all of a load facility if,

(a)  the transferor is a Class A consumer or Class B consumer immediately before the effective date;

(b)  the load facility is,

(i)  a facility that withdraws electricity from the distribution system of a licensed distributor, and

(ii)  connected to the distribution system of the licensed distributor on both the date of the transfer and the effective date;

(c)  the transferee provides to the licensed distributor written notice of the transfer, the legal names of the transferor and transferee, and the date of the transfer; and

(d)  the transferee provides to the licensed distributor such additional information regarding the transferor, the transferee or the transfer as the licensed distributor may request, within the time specified in the request.

(3) If this subsection applies to the transfer of title to all of a load facility, the following rules apply to the transferee:

1.  If the transferor was a Class A consumer in respect of the transferred load facility immediately before the effective date, the transferee is deemed to be a Class A consumer in respect of that load facility for the remainder of the adjustment period on and after the effective date, and to have the same peak demand factor in respect of that load facility as calculated for the transferor immediately before the effective date.

2.  For the purposes of determining if the transferee is a Class A consumer, and determining the transferee’s peak demand factor in respect of the transferred load facility for the next adjustment period following the adjustment period in which the effective date occurs, the following rules apply:

i.  Electricity is deemed to have been distributed to the transferee by the licensed distributor for the portion of the applicable base period during which the licensed distributor distributed electricity to the transferor.

ii.  The same volume of electricity that the licensed distributor distributed to the transferor during the applicable base period is deemed to have been distributed to the transferee during the applicable base period.

iii.  If the transferor is an eligible cogeneration customer in respect of the adjustment period in which the effective date occurs and the transferee is, or may reasonably be expected to be, an eligible cogeneration customer in respect of that adjustment period, the value of “LL.1” as determined under subsection 14 (5.1) shall be used in determining the peak demand factor for the transferee.

iv.  The transferee is deemed to have supplied to the distribution system of the licensed distributor in respect of the transferred load facility, during the applicable base period, the same volume of electricity that the transferor supplied to the distribution system of the licensed distributor during the applicable base period.

(4) Subsection (6) applies to the transfer of title to a portion of a load facility if,

(a)  the transferor is a Class A consumer in respect of the load facility immediately before the effective date;

(b)  the load facility is,

(i)  a facility that withdraws electricity from the distribution system of a licensed distributor, and

(ii)  connected to the distribution system of the licensed distributor on both the date of the transfer and the effective date;

(c)  the transferor is invoiced for electricity distributed to the transferred and untransferred portions of the load facility under the same account with the licensed distributor before the effective date;

(d)  the licensed distributor has installed a separate meter for the transferred portion of the load facility to measure the volume of electricity distributed to and supplied from that portion of the load facility on and after the effective date;

(e)  the transferor and the transferee could reasonably be expected to be Class A consumers for each adjustment period listed in clause (i) in respect of their respective portion of the load facility;

(f)  the transferee provides written notice of the transfer, the legal names of the transferor and transferee, a copy of the agreement referred to in clause (i) and the date of the transfer to the licensed distributor;

(g)  the transferee provides to the licensed distributor such additional information regarding the transferor, the transferee or the transfer as the licensed distributor may request, within the time specified in the request;

(h)  if the transferor is an eligible cogeneration customer in respect of the adjustment period in which the effective date occurs, each of the transferor and the transferee is, or may reasonably be expected to be, an eligible cogeneration customer in respect of that adjustment period; and

(i)  the transferor and the transferee have reached an agreement described in subsection (5) with respect to the load facility for,

(i)  the remainder of the adjustment period in which the effective date occurs,

(ii)  the adjustment period commencing immediately after the one referred to in subclause (i), and

(iii)  if the effective date occurs between May 1 and June 30, the adjustment period commencing immediately after the one referred to in subclause (ii).

(5) The agreement referred to in clause (4) (i) must provide for the following:

1.  The peak demand factor of the transferor and the transferee for each adjustment period referred to in clause (4) (i), determined as a percentage of the peak demand factor that would be calculated for the transferor in respect of the load facility for that adjustment period if the transfer did not occur. The sum of the peak demand factor of the transferor and the transferee for each such adjustment period must be equal to the peak demand factor that would be calculated for the transferor in respect of the load facility for that adjustment period if the transfer did not occur.

2.  Such other information that the licensed distributor may require to determine whether the transferor and the transferee are Class A consumers in respect of each adjustment period referred to in clause (4) (i), and to calculate the peak demand factor of the transferor and the transferee in respect of that adjustment period.

(6) If this subsection applies to the transfer of title to a portion of a load facility, the following rules apply to the transferor and transferee:

1.  The transferor and the transferee are deemed to be Class A consumers for each adjustment period referred to in clause (4) (i).

2.  The licenced distributor shall calculate or re-calculate the peak demand factor of the transferor and the transferee for each adjustment period referred to in clause (4) (i), based on the agreement referred to in that clause.

Effect of transfer of load facility re Class A market participant

8.1 (1) In this section,

“effective date” means,

(a)  for the purposes of subsections (2) and (3), the day that is 10 business days after the day the IESO receives the notice referred to in clause (2) (c) and any information required under clause (2) (d), or

(b)  for the purposes of subsections (4) to (6), the day that is 10 business days after the day the IESO receives the notice referred to in clause (4) (f) and any information required under clause (4) (g).

(2) Subsection (3) applies to the transfer of title to all of a load facility if,

(a)  the transferor is a Class A market participant or a Class B market participant immediately before the effective date;

(b)  the transferred load facility is a load facility or an embedded load facility, as those terms are defined in the market rules;

(c)  the transferee is a market participant;

(d)  the transferee provides written notice of the transfer, the legal names of the transferor and transferee, and the date of the transfer to the IESO; and

(e)  the transferee provides to the IESO such additional information regarding the transferor, the transferee or the transfer as the IESO may request, within the time specified in the request.

(3) If this subsection applies to the transfer of title to all of a load facility, the following rules apply to the transferee:

1.  If the transferor was a Class A market participant in respect of the transferred load facility immediately before the effective date, the transferee is deemed to be a Class A market participant in respect of that load facility for the remainder of the adjustment period on and after the effective date, and to have the same peak demand factor in respect of that load facility as calculated for the transferor immediately before the effective date.

2.  For the purposes of determining if the transferee is a Class A market participant, and determining the transferee’s peak demand factor, in respect of the transferred load facility for the next adjustment period following the adjustment period in which the effective date occurs, the following rules apply:

i.  The transferee is deemed to have been a market participant for any portion of the applicable base period during which the transferred load facility was registered with the IESO in accordance with the market rules.

ii.  The volume of electricity withdrawn from the IESO-controlled grid in respect of the transferred load facility during the applicable base period is deemed to have been withdrawn by the transferee and not the transferor.

iii.  If the transferor is an eligible cogeneration customer in respect of the adjustment period in which the effective date occurs and the transferee is, or may reasonably be expected to be, an eligible cogeneration customer in respect of that adjustment period, the value of “V.1” as determined under subsection 11 (4.2) shall be used in determining the peak demand factor for the transferee.

iv.  The volume of electricity supplied to the IESO-controlled grid in respect of the transferred load facility during the applicable base period is deemed to have been supplied by the transferee and not the transferor.

(4) Subsection (6) applies to the transfer of title to a portion of a load facility if,

(a)  the transferor is a Class A market participant in respect of the load facility immediately before the effective date;

(b)  the transferred load facility is a load facility or an embedded load facility, as those terms are defined in the market rules;

(c)  the transferor is invoiced for electricity withdrawn from the IESO-controlled grid in respect of the transferred and untransferred portions of the facility before the effective date;

(d)  the transferred portion of the transferor’s load facility is registered with the IESO by the transferee as of the effective date;

(e)  the transferor and the transferee could reasonably be expected to be Class A market participants for each adjustment period listed in clause (i) in respect of their respective portion of the load facility;

(f)  the transferee provides written notice of the transfer, the legal names of the transferor and transferee, a copy of the agreement referred to in clause (i) and the date of the transfer to the IESO;

(g)  the transferee provides to the IESO such additional information regarding the transferor, the transferee or the transfer as the IESO may request, within the time specified in the request;

(h)  if the transferor is an eligible cogeneration customer in respect of the adjustment period in which the effective date occurs, each of the transferor and the transferee is, or may reasonably be expected to be, an eligible cogeneration customer in respect of that adjustment period; and

(i)  the transferor and the transferee have reached an agreement described in subsection (5) with respect to the load facility for,

(i)  the remainder of the adjustment period in which the effective date occurs,

(ii)  the adjustment period commencing immediately after the one referred to in subclause (i), and

(iii)  if the effective date occurs between May 1 and June 30, the adjustment period commencing immediately after the one referred to in subclause (ii).

(5) The agreement referred to in clause (4) (i) must provide for the following:

1.  The peak demand factor of the transferor and the transferee for each adjustment period referred to in clause 4 (i), determined as a percentage of the peak demand factor that would be calculated for the transferor in respect of the load facility for that adjustment period if the transfer did not occur. The sum of the peak demand factor of the transferor and the transferee for each such adjustment period must be equal to the peak demand factor that would be calculated for the transferor in respect of the load facility for that adjustment period if the transfer did not occur.

2.  Such other information that the IESO may require to determine whether the transferor and the transferee are Class A market participants in respect of each adjustment period referred to in clause (4) (i), and calculate the peak demand factor of the transferor and the transferee in respect of that adjustment period.

(6) If this subsection applies to the transfer of title to a portion of a load facility, the following rules apply to the transferor and transferee:

1.  The transferor and the transferee are deemed to be Class A market participants for each adjustment period referred to in clause (4) (i).

2.  The IESO shall calculate or re-calculate the peak demand factor of the transferor and the transferee for each adjustment period referred to in clause (4) (i), based on the agreement referred to in that clause.

14. Section 9 of the Regulation is revoked and the following substituted:

Publication of necessary information by IESO

9. (1) The IESO shall publish,

(a)  the volume of electricity dispatched through the IESO-administered markets for the purposes of supplying Ontario demand during each hour in each base period;

(b)  the peak hours in each base period; and

(c)  the amount calculated under subsection 11 (4.1) for the definition of “W” for each base period.

(2) The information required to be published under clause (1) (a) relating to the total volume of electricity dispatched in an hour must be published within 60 minutes after the end of that hour and must be based on the information and data available to the IESO at the time.

(3) If, before the end of the third business day after the day on which any information under subsection (2) is published, the IESO determines that the published information was not correct, the IESO shall publish the corrected information no later than the end of the third business day after the day on which the information was originally published.

(4) In determining the peak hours in each base period, the IESO shall only use the information and data that is available to the IESO for each hour in the base period up to the end of the third business day after the day in which the hour occurs.

(5) The information required to be published under clauses (1) (b) and (c) for a base period must be published on the third business day of May in the calendar year in which the base period ends.

(6) This section and the definition of “peak hours” in subsection 5 (1), as both of those provisions read immediately before May 1, 2022, continue to apply with necessary modifications to any base period that commenced before May 1, 2022, and for greater certainty subsections (1) to (5) of this section and the definition of “peak hours” in subsection 5 (1), as they currently read, do not apply to that base period.

15. Paragraph 4 of subsection 10.7 (1) of the Regulation is amended by striking out “IESO’s Demand Response Auctions and Pilots” and substituting “IESO’s demand response auctions and pilots”.

16. (1) Paragraph 1 of subsection 11 (2) of the Regulation is revoked and the following substituted:

1.  Subject to paragraph 1.1, the IESO shall allocate as follows:

i.  To every person or other entity that is a Class A market participant throughout the month to whom neither subsection 8.1 (3) nor (6) applies, the amount determined by multiplying the global adjustment for the month by the Class A market participant’s peak demand factor determined under subsection (4) for the adjustment period.

ii.  To every person or other entity that is a Class A market participant at the beginning of the month but ceases to be a market participant before the end of the month, the amount that would otherwise be determined under subparagraph i multiplied by the ratio of the number of days in the month during which the person or entity was a market participant to the total number of days in the month.

iii.  To every person or other entity to whom subsection 8.1 (3) or (6) applies that is a Class A market participant in respect of the transferred load facility immediately before the effective date determined under subsection 8.1 (1), the amount that would otherwise be determined under subparagraph i of this paragraph, using the Class A market participant’s peak demand factor immediately before the effective date, multiplied by the ratio of the number of days in the month before the effective date to the total number of days in the month.

(2) Paragraph 2 of subsection 11 (4.1) of the Regulation is revoked and the following substituted:

2.  Calculate the total volume of electricity, if any, conveyed back into the IESO-controlled grid or the distribution system of a licensed distributor by electricity storage facilities during the peak hours of the applicable base period.

(3) Subsection 11 (11) of the Regulation is revoked and the following substituted:

(11) The IESO shall provide written notice to each Class A market participant of its peak demand factor, as calculated under this section for each adjustment period, on or before May 31 in the same calendar year in which the adjustment period commences.

(12) The IESO shall provide written notice to each licensed distributor who is a market participant of its peak demand factor, as calculated under this section for each adjustment period, on or before June 30 in the same calendar year in which the adjustment period commences.

17. Subsections 15 (6) to (8) of the Regulation are revoked and the following substituted:

(6) The following rules apply to a transferor and transferee to which subsection 8 (3) or (6) applies during the month in which the effective date, as determined under subsection 8 (1), occurs, if the transferor is a Class A consumer in respect of the transferred load facility immediately before the effective date:

1.  The licensed distributor shall adjust the invoice issued to the transferor for the month to equal the sum of the following:

i.  The amount that would otherwise be determined under subsection 14 (6) for the month multiplied by the ratio of the number of days in the month before the effective date to the total number of days in the month.

ii.  If subsection 8 (6) applies, the amount determined under subsection 14 (6) using the transferor’s peak demand factor, as calculated on the effective date, multiplied by the ratio of the number of days remaining in the month, including the effective date, to the total number of days in the month.

2.  The licensed distributor shall adjust the invoice issued to the transferee for the month to equal the amount determined under subsection 14 (6) for the month using the transferee’s peak demand factor, as calculated on the effective date, multiplied by the ratio of the number of days remaining in the month, including the effective date, to the total number of days in the month.

(7) Subsection (8) applies if,

(a)  a load facility or a portion of a load facility is transferred during a month;

(b)  subsection 8.1 (3) or (6) applies to the transfer; and

(c)  either the transferor, the transferee or both of them is a Class A market participant for the remainder of the adjustment period on and after the effective date determined under subsection 8.1 (1).

(8) The IESO shall, for the month in which the effective date as determined under subsection 8.1 (1) occurs, do the following:

1.  If the transferee is a Class A market participant on the effective date, the IESO shall allocate to the transferee the amount determined by multiplying,

i.  the global adjustment for the month,

ii.  the transferee’s peak demand factor, as calculated on the effective date, and

iii.  the ratio of the number of days remaining in the month, including the effective date, to the total number of days in the month.

2.  If subsection 8.1 (6) applies, the IESO shall allocate to the transferor, in addition to any amount allocated to them under subparagraph 1 iii of subsection 11 (2), the amount determined by multiplying,

i.  the global adjustment for the month,

ii.  the transferor’s peak demand factor, as calculated on the effective date, and

iii.  the ratio of the number of days remaining in the month, including the effective date, to the total number of days in the month.

18. The Regulation is amended by striking out “net volume” wherever it appears and substituting in each case “volume”.

Commencement

19. This Regulation comes into force on the later of May 1, 2022 and the day it is filed.