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O. Reg. 203/13: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

filed June 27, 2013 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

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ontario regulation 203/13

made under the

electricity act, 1998

Made: June 26, 2013
Filed: June 27, 2013
Published on e-Laws: June 27, 2013
Printed in The Ontario Gazette: July 13, 2013

Amending O. Reg. 429/04

(adjustments under section 25.33 of the act)

1. Ontario Regulation 429/04 is amended by adding the following sections:

Former Class A consumer, continued status

6.2 (1) A consumer in Ontario that does not satisfy the condition set out in paragraph 3 of subsection 6 (1) for an adjustment period under this Part that begins on or after July 1, 2013 and ends before July 1, 2016 (the “applicable adjustment period”) is a Class A consumer for that adjustment period if the following conditions are satisfied:

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

2. The consumer was a Class A consumer for a previous adjustment period.  However, the previous adjustment period cannot be an adjustment period that began before January 1, 2011 or that begins after July 1, 2014.

3. During the base period for any previous adjustment period in which the consumer was a Class A consumer, or during the following base period,

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

ii. the consumer has received, or is entitled to receive, funding or another incentive under the program.

4. The consumer gives its licensed distributor the information requested by the licensed distributor to establish that the consumer satisfies the condition described in paragraph 3.  If the applicable adjustment period begins on July 1, 2013, the information must be given to the licensed distributor on or before July 15, 2013.  If the applicable adjustment period begins on July 1, 2014 or July 1, 2015, the information must be given to the licensed distributor on or before June 15, 2014 or June 15, 2015, as the case may be.

(2) Subsections 6 (2) and (3) apply, with necessary modifications, with respect to the consumer.

(3) The following is the list of eligible programs:

1. Demand Response 2 (DR2) program, established under a direction of the Minister dated June 15, 2005, entitled “Immediate Launch of Procurement Processes to address needs in Downtown Toronto, Western Greater Toronto Area, and to develop additional Demand Management, Demand Response and High Efficiency Combined Heat and Power Supply”, as amended by a direction of the Minister dated February 9, 2006, entitled “Addendum  #1 to Procurement Processes Directive of June 15, 2005”.

2. Electricity Retrofit Incentive Program, established under a direction of the Minister dated July 13, 2006, entitled “Coordination and Funding of LDC activities to deliver Conservation and Demand-Side Management Programs”.

3. Industrial Accelerator Program, established under a direction of the Minister dated March 4, 2010, entitled “Industrial Transmission Connected Electricity Efficiency Program”.

4. Equipment Replacement Incentive Initiative, established under a direction of the Minister dated April 23, 2010, entitled “Conservation and Demand Management Initiatives Under the GEA Conservation Framework”.

5. Process and Systems Upgrade Initiative, established under a direction of the Minister dated April 23, 2010, entitled “Conservation and Demand Management Initiatives Under the GEA Conservation Framework”.

6. Demand Response 3 (DR3) program, established under a direction of the Minister dated April 23, 2010 entitled “Conservation and Demand Management Initiatives Under the GEA Conservation Framework”.

(4) For the purposes of this section, the period that began on January 1, 2011 and ended on June 30, 2011 is deemed to be an adjustment period and the period that began on May 1, 2010 and ended on October 31, 2010 is deemed to be the base period for that adjustment period.

(5) A licensed distributor shall rely on the information provided by the consumer under this section.

Former Class A consumer, continued status — calculation for separate load facilities

6.3 (1) For the purpose of subsection 6.2 (1), a consumer in Ontario that does not satisfy the condition set out in clause 6.1 (2) (a) in respect of a load facility for an adjustment period under this Part that begins on or after July 1, 2013 and ends before July 1, 2016 (the “applicable adjustment period”) is a Class A consumer for that load facility and adjustment period if the following conditions are satisfied:

1. The consumer was a Class A consumer in respect of the load facility for a previous adjustment period.  However, the previous adjustment period cannot be an adjustment period that began before January 1, 2011 or that begins after July 1, 2014.

2. During the base period for any previous adjustment period in which the consumer was a Class A consumer in respect of the load facility, or during the following base period,

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

ii. the consumer has received, or is entitled to receive, funding or another incentive under the program in respect of the load facility.

3. The consumer gives its licensed distributor the information requested by the licensed distributor to establish that the consumer satisfies the condition described in paragraph 2.  If the applicable adjustment period begins on July 1, 2013, the information must be given to the licensed distributor on or before July 15, 2013.  If the applicable adjustment period begins on July 1, 2014 or July 1, 2015, the information must be given to the licensed distributor on or before June 15, 2014 or June 15, 2015, as the case may be.

(2) If the conditions set out in subsection (1) are not satisfied in respect of a load facility for the applicable adjustment period, the consumer is a Class B consumer in respect of the load facility for that adjustment period.

(3) Subsections 6.1 (3), (4) and (5) apply, with necessary modifications, with respect to the consumer and the load facility.

(4) For the purposes of this section, the period that began on January 1, 2011 and ended on June 30, 2011 is deemed to be an adjustment period and the period that began on May 1, 2010 and ended on October 31, 2010 is deemed to be the base period for that adjustment period.

(5) A licensed distributor shall rely on the information provided by the consumer under this section.

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

Former Class A market participant, continued status

7.2 (1) A market participant in Ontario that does not satisfy the condition set out in paragraph 3 of subsection 7 (1) for an adjustment period under this Part that begins on or after July 1, 2013 and ends before July 1, 2016 (the “applicable adjustment period”) is a Class A market participant for that adjustment period if the following conditions are satisfied:

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

2. The market participant was a Class A market participant for a previous adjustment period.  However, the previous adjustment period cannot be an adjustment period that began before January 1, 2011 or that begins after July 1, 2014.

3. During the base period for any previous adjustment period in which the market participant was a Class A market participant, or during the following base period,

i. the market participant entered into a contract with the OPA or with a licensed distributor to participate in an eligible program listed in subsection 6.2 (3) offered by the OPA, the licensed distributor or both, and

ii. the market participant has received, or is entitled to receive, funding or another incentive under the program.

4. The market participant gives the IESO the information requested by the IESO to establish that the market participant satisfies the condition described in paragraph 2.  If the applicable adjustment period begins on July 1, 2013, the information must be given to the IESO on or before July 15, 2013.  If the applicable adjustment period begins on July 1, 2014 or July 1, 2015, the information must be given to the IESO on or before June 15, 2014 or June 15, 2015, as the case may be.

(2) Subsections 7 (2) and (4) apply, with necessary modifications, with respect to the market participant.

(3) For the purposes of this section, the period that began on January 1, 2011 and ended on June 30, 2011 is deemed to be an adjustment period and the period that began on May 1, 2010 and ended on October 31, 2010 is deemed to be the base period for that adjustment period.

(4) The IESO shall rely on the information provided by the market participant under this section.

Former Class A market participant, continued status — calculation for separate load facilities

7.3 (1) For the purpose of subsection 7.2 (1), a market participant in Ontario that does not satisfy the condition set out in clause 7.1 (2) (a) in respect of a load facility for an adjustment period under this Part that begins on or after July 1, 2013 and ends before July 1, 2016 (the “applicable adjustment period”) is a Class A market participant for that load facility and adjustment period if the following conditions are satisfied:

1. The market participant was a Class A market participant in respect of the load facility for a previous adjustment period.  However, the previous adjustment period cannot be an adjustment period that began before January 1, 2011 or that begins after July 1, 2014.

2. During the base period for any previous adjustment period in which the consumer was a Class A market participant in respect of the load facility, or during the following base period,

i. the market participant entered into a contract with the OPA or with a licensed distributor to participate in an eligible program listed in subsection 6.2 (3) offered by the OPA, the licensed distributor or both, and

ii. the market participant has received, or is entitled to receive, funding or another incentive under the program in respect of the load facility.

3. The market participant gives the IESO the information requested by the IESO to establish that the market participant satisfies the condition described in paragraph 2.  If the applicable adjustment period begins on July 1, 2013, the information must be given to the IESO on or before July 15, 2013.  If the applicable adjustment period begins on July 1, 2014 or July 1, 2015, the information must be given to the IESO on or before June 15, 2014 or June 15, 2015, as the case may be.

(2) If the conditions set out in subsection (1) are not satisfied in respect of a load facility for the applicable adjustment period, the market participant is a Class B market participant in respect of the load facility for that adjustment period.

(3) Subsections 7.1 (3), (4) and (5) apply, with necessary modifications, with respect to the market participant and the load facility.

(4) For the purposes of this section, the period that began on January 1, 2011 and ended on June 30, 2011 is deemed to be an adjustment period and the period that began on May 1, 2010 and ended on October 31, 2010 is deemed to be the base period for that adjustment period.

(5) The IESO shall rely on the information provided by the market participant under this section.

Commencement

3. This Regulation comes into force on the later of the following days:

1. July 1, 2013.

2. The day this Regulation is filed.