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O. Reg. 263/16: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

filed July 22, 2016 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

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ontario regulation 263/16

made under the

Electricity Act, 1998

Made: July 20, 2016
Filed: July 22, 2016
Published on e-Laws: July 22, 2016
Printed in The Ontario Gazette: August 6, 2016

Amending O. Reg. 429/04

(ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT)

1. Section 7 of Ontario Regulation 429/04 is amended by adding the following subsection:

(5) The following rules apply if a person or entity who is a consumer, other than a Class A consumer, to whom electricity is distributed by a Class A market participant becomes an embedded market participant during an adjustment period and provides written notice of the change, in a form approved by the IESO, to the IESO and the Class A market participant at least 10 business days before becoming an embedded market participant:

1. If, at the beginning of the adjustment period, the person or entity would have been determined to be a Class A consumer under one or more of subsection 6 (1) and sections 6.1 and 6.1.1, with necessary modifications, if electricity had been distributed to it by a licensed distributor, the person or entity is deemed for the remainder of the adjustment period to be a Class A market participant and to have the same peak demand factor as calculated by the Class A market participant who distributes electricity to the person or entity.

2. Paragraph 2 of subsection (4) applies with respect to the person or entity, with necessary modifications.

3. On request by the IESO, the person or entity or the Class A market participant who distributes electricity to the person or entity shall provide to the IESO any information that the IESO may require for the purposes of this Regulation, in the form and within such time limits as the IESO specifies.

4. The substance of information required to be provided to the IESO under paragraph 3 must be mutually agreed upon by the person or entity and the Class A market participant.

5. The person or entity and the Class A market participant shall confirm with the IESO the existence of a written agreement between them that supports the requirements of this subsection respecting the provision of information to the IESO.

6. The IESO shall rely on information provided to it by the person or entity or the Class A market participant.

2. Section 15 of the Regulation is amended by adding the following subsection:

(5.1) The following rules apply if a consumer to whom subsection 7 (5) applies becomes an embedded market participant during a month:

1. The IESO shall make such adjustments as are appropriate to the peak demand factor for the Class A market participant who distributes electricity to the embedded market participant to exclude amounts relating to the embedded market participant from the calculation of the Class A market participant’s peak demand factor for the remainder of the adjustment period and for the subsequent adjustment period.

2. The IESO shall allocate to the embedded market participant the amount determined by multiplying the global adjustment for the month by the product of the embedded market participant’s peak demand factor multiplied by the ratio of the number of days in the month during which the person or entity was an embedded market participant to the total number of days in the month.

Commencement

3. This Regulation comes into force on the day it is filed.