ontario regulation 43/04

made under the

ontario energy board act, 1998

Made: February 25, 2004
Filed: March 1, 2004
Printed in The Ontario Gazette: March 20, 2004

Amending O. Reg. 435/02

(Payments Re Section 79.4 of the Act)

1. (1) Subsection 1 (2) of Ontario Regulation 435/02 is amended by adding the following definition:

“applicable statutory prices” means, with reference to a low-volume or designated consumer,

(a)   the prices specified by Ontario Regulation 42/04 (Commodity Price for Electricity: Low-Volume and Designated Consumers) made under the Ontario Energy Board Act, 1998 that are payable by the consumer for electricity used on or after the day on which clause 79.4 (1) (a) of the Act comes into force and before May 1, 2005 or such earlier date as may be prescribed for the purposes of clause 79.4 (1) (a) of the Act, and

(b) 4.3 cents per kilowatt hour for electricity used by the consumer on or after December 1, 2002 and before the day on which clause 79.4 (1) (a) of the Act comes into force;

(2) The definition of “contract price” in subsection 1 (2) of the Regulation is amended by striking out “section 79.4” and substituting “clause 79.4 (1) (a)”.

(3) Subsection 1 (2) of the Regulation is amended by adding the following definition:

“low-volume or designated consumer” means a low-volume consumer to whom subsection 79.4 (1) of the Act applies or a designated consumer to whom that subsection applies.

(4) The definition of “statutory price” in subsection 1 (2) of the Regulation is revoked.

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

Application

2. This Regulation applies with respect to electricity used by low-volume and designated consumers on or after December 1, 2002 and before May 1, 2005 or such earlier date as may be prescribed for the purposes of clause 79.4 (1) (a) of the Act.

3. The definition of “A” in subsection 3 (1) of the Regulation is amended by striking out “calculated at the statutory price” and substituting “calculated at the applicable statutory prices for each of those consumers”.

4. The definition of “C” in subsection 4 (1) of the Regulation is revoked and the following substituted:

  “C” is the sum of all amounts payable to a distributor who is a market participant by low-volume and designated consumers in the distributor’s service area (other than those low-volume and designated consumers, if any, who have designated contracts with a participating retailer who is using retailer-consolidated billing) for electricity for a month, calculated using the applicable statutory prices for each consumer, for the net volume of electricity withdrawn by the distributor from the IMO-controlled grid during the month and distributed to those consumers,

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

“E” is the sum of all amounts payable to a distributor who is a market participant by low-volume and designated consumers in the distributor’s service area (other than those low-volume and designated consumers, if any, who have designated contracts with a participating retailer who is using retailer-consolidated billing) for electricity for a month, calculated using the applicable statutory prices for each consumer, for the volume of electricity supplied by an embedded generator to the distributor during the month, adjusted for total losses as required by the Retail Settlement Code, and then distributed to those consumers,

6. The definition of “G” in subsection 6 (1) of the Regulation is revoked and the following substituted:

  “G” is the sum of all amounts payable to an embedded distributor by low-volume and designated consumers in the embedded distributor’s service area (other than those low-volume and designated consumers, if any, who have designated contracts with a participating retailer who is using retailer-consolidated billing) for electricity for a month, calculated using the applicable statutory prices for each consumer, for the volume of electricity distributed to the embedded distributor by its host distributor during the month and then distributed by the embedded distributor to those consumers,

7. The definition of “J” in subsection 7 (1) of the Regulation is revoked and the following substituted:

“J” is the sum of all amounts payable to an embedded distributor by low-volume and designated consumers in the embedded distributor’s service area (other than those low-volume and designated consumers, if any, who have designated contracts with a participating retailer who is using retailer-consolidated billing) for electricity for a month, calculated using the applicable statutory prices for each consumer, for the volume of electricity supplied by an embedded generator to the embedded distributor during the month, adjusted for total losses as required by the Retail Settlement Code, and then distributed to those consumers,

8. (1) Subsection 8 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) If a distributor is required by the Retail Settlement Code to pay an amount for electricity used by a low-volume or designated consumer under a designated contract to a retailer who is using distributor-consolidated billing for the contract,

. . . . .

(2) Subsection 8 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) If a retailer who is using distributor-consolidated billing for a designated contract is required by the Retail Settlement Code to pay to a distributor an amount for electricity used by a low-volume or designated consumer under the contract,

. . . . .

9. (1) Subsection 9 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) If an embedded distributor is required by the Retail Settlement Code to pay an amount for electricity used by a low-volume or designated consumer under a designated contract to a retailer who is using distributor-consolidated billing for the contract,

. . . . .

(2) Subsection 9 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) If a retailer who is using distributor-consolidated billing for a designated contract is required by the Retail Settlement Code to pay to an embedded distributor an amount for electricity used by a low-volume or designated consumer under the contract,

. . . . .

10. The definition of “L” in subsection 10 (1) of the Regulation is amended by striking out “calculated at the statutory price” and substituting “calculated at the applicable statutory prices”.

11. The definition of “N” in subsection 11 (1) of the Regulation is amended by striking out “calculated at the statutory price” and substituting “calculated at the applicable statutory prices”.

12. Subsection 13 (2) of the Regulation is amended by striking out “to low-volume and designated consumers” in the portion after clause (b) and substituting “to each low-volume or designated consumer”.

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

Transition, prices set under cl. 79.4 (1) (a) of the Act

19. (1) This section applies with respect to a billing period that includes the day on which clause 79.4 (1) (a) of the Act comes into force.

(2) The distributor or, in the case of retailer-consolidated billing, the retailer may estimate the volume of electricity used by a low-volume or designated consumer during the billing period that is to be allocated to the portion of the billing period that precedes that day and the volume to be allocated to the portion of the billing period that falls on and after it.

Transition, prices set under cl. 79.4 (1) (b) of the Act

20. (1) This section applies with respect to a billing period that includes the first day in respect of which the commodity price for electricity for low‑volume and designated consumers is determined by the Board under clause 79.4 (1) (b) of the Act.

(2) The distributor or, in the case of retailer-consolidated billing, the retailer may estimate the volume of electricity used by a low-volume or designated consumer during the billing period that is to be allocated to the portion of the billing period that precedes that day and the volume to be allocated to the portion of the billing period that falls on and after it.

14. This Regulation comes into force on the later of the day that it is filed and the day that subsection 5 (1) of the Ontario Energy Board Amendment Act (Electricity Pricing), 2003 is proclaimed in force.