O. Reg. 312/13: PAYMENTS UNDER SECTION 78.1 OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r13312
Published: 2013-11-29

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ONTARIO REGULATION 312/13

made under the

ONTARIO ENERGY BOARD ACT, 1998

Made: November 27, 2013
Filed: November 29, 2013
Published on e-Laws: November 29, 2013
Printed in The Ontario Gazette: December 14, 2013


Amending O. Reg. 53/05

(PAYMENTS UNDER SECTION 78.1 OF THE ACT)

1. Section 0.1 of Ontario Regulation 53/05 is amended by adding the following subsection:

(2) For the purposes of this Regulation, the output of a generation facility shall be measured at the facility’s delivery points, as determined in accordance with the market rules.

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

6. As of July 1, 2014, the generation facilities of Ontario Power Generation Inc. that are set out in the Schedule.

3. Sections 4, 5.1 and 5.3 of the Regulation are revoked.

4. (1) Paragraph 7 of subsection 6 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

7. The Board shall ensure that the balance recorded in the deferral account established under subsection 5.2 (1) is recovered on a straight line basis over a period not to exceed three years, to the extent that the Board is satisfied that revenue requirement impacts are accurately recorded in the account, based on the following items, as reflected in the audited financial statements approved by the board of directors of Ontario Power Generation Inc.,

. . . . .

(2) Paragraph 7.1 of subsection 6 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

7.1 The Board shall ensure the balance recorded in the variance account established under subsection 5.4 (1) is recovered on a straight line basis over a period not to exceed three years, to the extent the Board is satisfied that,

. . . . .

(3) Subsection 6 (2) of the Regulation is amended by adding the following paragraph:

11. In making its first order under section 78.1 of the Act in respect of Ontario Power Generation Inc. that is effective on or after July 1, 2014, the following rules apply:

i. The order shall provide for the payment of amounts with respect to output that is generated at a generation facility referred to in paragraph 6 of section 2 during the period from July 1, 2014 to the day before the effective date of the order.

ii. The Board shall accept the values for the assets and liabilities of the generation facilities referred to in paragraph 6 of section 2 as set out in Ontario Power Generation Inc.’s most recently audited financial statements that were approved by the board of directors before the making of that order. This includes values relating to the income tax effects of timing differences and the revenue requirement impact of accounting and tax policy decisions reflected in those financial statements.

5. The Regulation is amended by adding the following Schedule:

SCHEDULE

1. Abitibi Canyon.

2. Alexander.

3. Aquasabon.

4. Arnprior.

5. Auburn.

6. Barrett Chute.

7. Big Chute.

8. Big Eddy.

9. Bingham Chute.

10. Calabogie.

11. Cameron Falls.

12. Caribou Falls.

13. Chats Falls.

14. Chenaux.

15. Coniston.

16. Crystal Falls.

17. Des Joachims.

18. Elliott Chute.

19. Eugenia Falls.

20. Frankford.

21. Hagues Reach.

22. Hanna Chute.

23. High Falls.

24. Indian Chute.

25. Kakabeka Falls.

26. Lakefield.

27. Lower Notch.

28. Manitou Falls.

29. Matabitchuan.

30. McVittie.

31. Merrickville.

32. Meyersberg.

33. Mountain Chute.

34. Nipissing.

35. Otter Rapid.

36. Otto Holden.

37. Pine Portage.

38. Ragged Rapids.

39. Ranney Falls.

40. Seymour.

41. Sidney.

42. Sills Island.

43. Silver Falls.

44. South Falls.

45. Stewartville.

46. Stinson.

47. Trethewey Falls.

48. Whitedog Falls.

Commencement

6. This Regulation comes into force on the later of July 1, 2014 and the day it is filed.