O. Reg. 126/14: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r14126
Published: 2014-05-01

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ontario regulation 126/14

made under the

Electricity Act, 1998

Made: April 30, 2014
Filed: May 1, 2014
Published on e-Laws: May 2, 2014
Printed in The Ontario Gazette: May 17, 2014


Amending O. Reg. 429/04

(ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT)

1. Subsection 5 (1) of Ontario Regulation 429/04 is amended by adding the following definition:

“NAICS” means the North American Industry Classification System maintained for Canada by Statistics Canada, as amended or revised from time to time;

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

Optional Class A consumer – calculation required for separate load facilities

6.1.1 (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 that begins on or after July 1, 2015 (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 elects, under subsection (3), to be a Class A consumer for the load facility for the applicable adjustment period, or has made such an election for a prior adjustment period and the election has not been revoked.

2. Throughout the applicable base period, the load facility is identified by NAICS code 493120 or a NAICS code commencing with the digits “21”, “31”, “32”, “33”, “518” or “1114”.

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

4. The consumer’s maximum hourly demand for electricity for the load facility in a month from the licensed distributor exceeds an average of 3 megawatts but is less than or equal to an average of 5 megawatts for the applicable base period.

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

(3) A consumer may elect to be a Class A consumer in respect of a load facility for an adjustment period commencing on or after July 1, 2015 by giving written notice of the election to its licensed distributor no later than June 15 of the calendar year in which the adjustment period begins, together with information to establish that the consumer satisfies the requirement described in paragraph 2 of subsection (1).

(4) An election in respect of a load facility is revoked for an adjustment period (the “applicable adjustment period”), and the election has no further effect with respect to any subsequent adjustment period, if any of the following circumstances exist:

1. The consumer has elected under section 19 to be a Class B consumer for the applicable adjustment period.

2. During the applicable base period for the applicable adjustment period, the load facility ceases to be identified by a NAICS code described in paragraph 2 of subsection (1).

3. The consumer’s maximum hourly demand for electricity for the load facility in a month from the licensed distributor does not satisfy the condition described in paragraph 4 of subsection (1) for the applicable base period.

(5) A licensed distributor shall rely on the information provided by the consumer under subsection (3).

. . . . .

Optional Class A market participant – calculation required for separate load facilities

7.1.1 (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 that begins on or after July 1, 2015 (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 elects, under subsection (3), to be a Class A market participant for the load facility for the applicable adjustment period, or has made such an election for a prior adjustment period and the election has not been revoked.

2. Throughout the applicable base period, the load facility is identified by NAICS code 493120 or a NAICS code commencing with the digits “21”, “31”, “32”, “33”, “518” or “1114”.

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

4. The market participant’s maximum hourly demand for electricity for the load facility in a month, as determined by the IESO, exceeds an average of 3 megawatts but is less than or equal to an average of 5 megawatts for the applicable base period.

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

(3) A market participant may elect to be a Class A market participant in respect of a load facility for an adjustment period commencing on or after July 1, 2015 by giving written notice of the election to the IESO no later than June 15 of the calendar year in which the adjustment period begins, together with information to establish that the market participant satisfies the requirement described in paragraph 2 of subsection (1).

(4) An election in respect of a load facility is revoked for an adjustment period (the “applicable adjustment period”), and the election has no further effect with respect to any subsequent adjustment period, if any of the following circumstances exist:

1. The market participant has elected under section 19 to be a Class B market participant for the applicable adjustment period.

2. During the applicable base period for the applicable adjustment period, the load facility ceases to be identified by a NAICS code described in paragraph 2 of subsection (1).

3. The market participant’s maximum hourly demand for electricity for the load facility in a month, as determined by the IESO, does not satisfy the condition described in paragraph 4 of subsection (1) for the applicable base period.

(5) The IESO shall rely on the information provided by the market participant under subsection (3).

Commencement

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