TRANSITION - GENERATION CORPORATION TARIFFS

Definition 1. In this Regulation, “1999 tariff” means the tariffs and supporting documentation that were applied by Ontario Hydro immediately before April 1, 1999 to purchases of electricity from Ontario Hydro. O. Reg. 77/01, s. 1. Purchases of electricity generated after May 31, 2001 2. (1) If a person purchases electricity from the Generation Corporation that is generated after May 31, 2001, the Generation Corporation shall charge and the person shall pay the amount determined in accordance with the 1999 tariff, subject to the following: 1. In the tariff for Wholesale Standard Prices for Municipal Electric Utilities and Distributing Companies, each of the amounts referred to as “monthly energy prices” in section 4.0 shall be deemed to be increased by 0.70 cents per kilowatt hour. 2. In the tariff for Firm Power Prices for Direct Industrial Consumers, each of the amounts referred to as “monthly energy prices” in section 4.0 shall be deemed to be increased by 0.70 cents per kilowatt hour. 3. In the tariff for Back-up Power, i. the reference in section 3.2.C.35 to “7 mils/kilowatt-hour” shall be deemed to be a reference to “14 mils/kilowatt-hour”, ii. the reference in section 3.2.C.36 to “8 mils” shall be deemed to be a reference to “15 mils”, iii. the reference in section 3.2.C.39 to “9 mils” shall be deemed to be a reference to “16 mils”, and iv. each of the amounts referred to as “energy prices” and set out under the headings “Supplementary Back-up”, “Replacement Back-up” and “Long-Term Back-up” in the tables entitled “1999 Prices” shall be deemed to be increased by 0.70 cents per kilowatt hour. 4. The tariff for Load Retention and Expansion Price shall be deemed to provide that the amount to be paid for electricity in each billing period shall be determined in accordance with the following formula: A = B + (C × 0.0070 dollars per kilowatt hour) where, A = the amount to be paid for the electricity, B = the amount that would have been paid for the electricity under the tariff for Load Retention and Expansion Price in the absence of this Regulation, expressed in dollars, C = the volume of electricity purchased under the tariff for Load Retention and Expansion Price during the billing period, expressed in kilowatt hours. 5. In the tariff for Real-Time Pricing I, i. the reference in section 5.2 to “2 mils per kW.h” shall be deemed to be a reference to “9 mils per kWh”, ii. the amount specified in section 6.0 for the “Customer Safeguard” shall be deemed to be increased by 0.70 cents per kilowatt hour above the amount determined for the Customer Safeguard in accordance with the tariff, iii. the amount specified in section 6.0 for the “Off-Peak adder, all seasons” shall be deemed to be 0.78 cents per kilowatt hour, iv. each of the amounts referred to as “peak period capacity adders” and set out in the rows applicable to firm power in the tables in section 6.2 shall be deemed to be increased by 0.70 cents per kilowatt hour above the amount determined for that adder in accordance with the tariff, and v. each of the amounts referred to as “peak period adders for the modified RTP 1 price” and set out in the rows applicable to firm power in the tables in section 6.3 shall be deemed to be increased by 0.70 cents per kilowatt hour above the amount determined for that adder in accordance with the tariff. 6. In the tariff for Real-Time Pricing II, the reference in section 5.1 to “3 mils/kW.h” shall be deemed to be a reference to “10 mils/kWh”. 7. In the tariff for Surplus Power Price, i. in section 5.3, the reference to “3 mils/kilowatt-hour” shall be deemed to be a reference to “10 mils/kilowatt-hour” and the reference to “4 mils” shall be deemed to be a reference to “11 mils”, and ii. in section 5.4, the references to “5.4 cents/kWh” shall be deemed to be references to “6.1 cents/kWh” and the reference to “the 4 mil adder” shall be deemed to be a reference to “the 11 mil adder”. 8. For the purpose of a purchase of electricity, a reference in the 1999 tariff to a municipal electric utility (MEU) or municipal utility shall be deemed to include, i. all corporations incorporated pursuant to section 142 of the Act and all subsidiaries of those corporations, and ii. Hydro One Inc. or a subsidiary of Hydro One Inc., if the electricity is purchased for the purpose of distributing it to an area to which, immediately before April 1, 1999, electricity was distributed by a municipal electric utility or municipal utility. O. Reg. 77/01, s. 2 (1). (2) Subsection (1) is subject to the provisions of the 1999 tariff that permit adders and, in the case of the tariff for Real-Time Pricing I, the Customer Safeguard, to be determined at the beginning of a year. O. Reg. 77/01, s. 2 (2). (3) Subsection (1) does not apply to a purchase of electricity by Hydro One Inc. or a subsidiary of Hydro One Inc. unless, (a) the electricity is purchased by a corporation incorporated pursuant to section 142 of the Act or a subsidiary of a corporation incorporated pursuant to that section; or (b) the electricity is purchased for the purpose of distributing it to an area to which, immediately before April 1, 1999, electricity was distributed by a municipal electric utility or municipal utility. O. Reg. 77/01, s. 2 (3). (4) If Hydro One Inc. or a subsidiary of Hydro One Inc. purchases electricity from the Generation Corporation and subsection (1) does not apply to the purchase, the Generation Corporation shall charge and Hydro One Inc. or the subsidiary shall pay the amount determined by adding 0.70 cents per kilowatt hour to, (a) 4.97 cents per kilowatt hour, in the case of electricity generated after May 31, 2001 and before October 1, 2001; and (b) 6.12 cents per kilowatt hour, in the case of electricity generated after September 30, 2001. O. Reg. 163/01, s. 1. Terms and conditions 3. Subject to section 2, the service options, eligibility criteria and other terms and conditions described in the 1999 tariff apply to the purchase of electricity from the Generation Corporation. O. Reg. 77/01, s. 3. Copies of tariff 4. The Generation Corporation shall make copies of the 1999 tariff available to any person on request. O. Reg. 77/01, s. 4. Proceedings commenced before April 1, 1999 5. Nothing in this Regulation diminishes the rights of a person who purchases electricity from the Generation Corporation if the person commenced a proceeding against Ontario Hydro before April 1, 1999 that had not finally been determined by that date relating to the validity or applicability of the 1999 tariff or any predecessor of that tariff. O. Reg. 77/01, s. 5. Application 6. This Regulation does not apply to electricity generated after subsection 26 (1) of the Act comes into force. O. Reg. 77/01, s. 6. 7. Omitted (revokes other Regulations). O. Reg. 77/01, s. 7. 8. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 77/01, s. 8.