O. Reg. 399/10: Payments re Section 25.33 of the Act


Published: 2010-10-22

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ontario regulation 399/10

made under the

Electricity Act, 1998

Made: October 20, 2010
Filed: October 22, 2010
Published on e-Laws: October 26, 2010
Printed in The Ontario Gazette: November 6, 2010

Amending O. Reg. 430/04

(Payments Re Section 25.33 of the Act)

1. (1) The definitions of “designated contract” and “participating retailer” in subsection 1 (1) of Ontario Regulation 430/04 are revoked.

(2) The definition of “regulated consumer” in subsection 1 (1) of the Regulation is amended by striking out “79.4 or”.

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

(4) In this Regulation, a reference to a net volume of electricity withdrawn from the IESO-controlled grid means,

(a) the net volume of electricity, as determined in accordance with the market rules, that is withdrawn in Ontario by a market participant from the IESO-controlled grid; and

(b) the net volume of electricity, determined in accordance with the market rules, that is distributed to an embedded market participant by a distribution system.

2. (1) Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), this Regulation does not apply with respect to electricity used after December 31, 2010 that is purchased by a regulated consumer under a designated contract.

(2) Subsection 2 (2), as remade by subsection (1), is revoked.

3. Paragraph 1 of section 3 of the Regulation is revoked.

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

  “C” is the sum of all amounts payable to a licensed distributor who is a market participant by regulated consumers in the licensed distributor’s service area for the volume of electricity distributed to them by the licensed distributor for a month, calculated using the regulated prices for each regulated consumer, and

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

“E” is the sum of all amounts payable to an embedded distributor by regulated consumers in the embedded distributor’s service area for the volume of electricity distributed to them by the embedded distributor for a month, calculated using the regulated prices for each regulated consumer, and

6. Sections 7 to 10 of the Regulation are revoked.

7. (1) Paragraphs 4 to 7 of subsection 11 (1) of the Regulation are revoked.

(2) Paragraphs 3 to 6 of subsection 11 (2) of the Regulation are revoked.

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

(3) If the IESO establishes protocols authorizing interim payments with subsequent adjustments under section 6, the Board may specify different periods for the interim payments and subsequent adjustments under paragraph 1 of subsection 6 (3) or paragraph 3 of subsection 6 (4).

8. Subsections 14 (4) and (5) of the Regulation are revoked.

9. Subsections 16 (3) and (4) of the Regulation are revoked.

10. Subsection 17 (2) of the Regulation is revoked and the following substituted:

(2) The licensed distributor may estimate the volume of electricity used by a regulated 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.

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

(2) Subsection 2 (1) and section 10 come into force on the later of January 1, 2011 and the day this Regulation is filed.

(3) Subsections 1 (1) and 2 (2) and sections 4 to 9 come into force on the later of July 1, 2011 and the day this Regulation is filed.