UTILITY PAYMENT DEFERRAL PROGRAM REGULATION
For information only: Made by the Lieutenant Governor in Council (O.C. 423/2020)
on December 16, 2020 pursuant to section 29 of the Utility Payment Deferral
Program Act.
Table of Contents
1 Definitions
Part 1
Self-funded Electricity Service
Providers and Rate Riders
2 Duty to provide reports and
keep accounts and records
3 Application for rate rider
4 Rate riders under section 11 of
the Act and this Part
Part 2
Self-funded Gas Service
Providers and Rate Riders
5 Duty to provide reports and
keep accounts and records
6 Application for rate rider
7 Rate riders under section 21 of the Act and this Part
Definitions
1 In this Regulation,
(a) "ISO tariff" has the meaning given to it by the Electric
Utilities Act;
(b) "self-funded electricity service provider" means an electricity
service provider that
(i) is participating in the Electric Utility Payment Deferral
Program, and
(ii) did not receive funding under section 8 of the Act;
(c) "self-funded gas service provider" means a gas service
provider that
(i) is participating in the Gas Utility Payment Deferral
Program, and
(ii) did not receive a loan from the Minister under section
18 of the Act.
Part 1
Self-funded Electricity Service
Providers and Rate Riders
Duty to provide reports and
keep accounts and records
2 A self-funded electricity service provider that has, or will, make an
application under section 3 must
(a) maintain records and accounts in a manner that provides a
reasonable understanding of
(i) the payments that were deferred by enrolled electricity
customers under section 5 of the Act,
(ii) the payments that were received from enrolled
electricity customers under section 6 of the Act,
(iii) the proportion of the amounts referred to in each of
subclauses (i) and (ii) that
(A) are not in respect of the deferred payment of
transmission charges, and
(B) are in respect of the deferred payment of
transmission charges,
and
(iv) any amounts that the self-funded electricity service
provider remitted to distribution owners under section
9(1)(b)(i) of the Act,
(b) provide, when requested by the Commission, a detailed
report of finances and operations relating to all money paid
or received in respect of the Electric Utility Payment Deferral
Program or payment of transmission charges, containing the
information and verified in the manner the Commission
requires, and
(c) subject to any order of the Commission, maintain accounts
using any basis or method the Commission directs.
Application for rate rider
3(1) A self-funded electricity service provider may apply to have the
deferred amounts that the self-funded electricity service provider did
not receive from enrolled electricity customers under section 6 of the
Act in the repayment period included in a rate rider under this section.
(2) An application under subsection (1) must be made to the
Commission and must set out
(a) the deferred amounts that were not received by the
self-funded electricity service provider from enrolled
electricity customers in the repayment period under section 6
of the Act, and
(b) the reasonable efforts that the self-funded electricity service
provider made to collect the deferred amounts referred to in
clause (a).
(3) A self-funded electricity service provider must provide any other
information, reports or assistance requested by the Commission for the
purpose of establishing a rate rider under this section.
(4) The Commission must establish a rate rider to recover all of the
reasonable deferred amounts that it determines self-funded electricity
service providers did not receive from enrolled electricity customers in
the repayment period under section 6 of the Act.
(5) The ISO must, as soon as practicable, pay all amounts collected
pursuant to the rate rider to self-funded electricity service providers in
the amounts and within the timelines approved by the Commission.
(6) If, after the repayment period, a self-funded electricity service
provider that has made an application under this section receives a
payment from an enrolled electricity customer in respect of amounts
that the customer had deferred under section 5 of the Act, the
electricity service provider must notify the Commission, and the
Commission may adjust the amount to be paid to that self-funded
electricity service provider under subsection (5).
Rate riders under section 11
of the Act and this Part
4(1) Applications under section 3(1) of this Regulation and under
section 11(2) and (3) of the Act must be made to the Commission as
soon as practicable on or after June 19, 2021 and no later than July 18,
2021.
(2) The rate riders established under section 3(4) of this Regulation
and under section 11 of the Act must be included in the ISO tariff
during the rate rider period, be charged on a per megawatt-hour basis,
and be applied to
(a) owners of electric distribution systems to which Part 7 of the
Electric Utilities Act applies,
(b) customers who are industrial systems within the meaning of
the Electric Utilities Act, and
(c) persons that have made arrangements under section 101(2) of
the Electric Utilities Act.
Part 2
Self-funded Gas Service
Providers and Rate Riders
Duty to provide reports and
keep accounts and records
5 A self-funded gas service provider that has, or will, make an
application under section 6 must
(a) maintain records and accounts in a manner that provides a
reasonable understanding of
(i) the payments that were deferred by enrolled gas
customers under section 15 of the Act,
(ii) the payments that were received from enrolled gas
customers under section 16 of the Act,
(iii) the proportion of the amounts referred to in each of
subclauses (i) and (ii) that
(A) are not in respect of the deferred payment of
transmission charges, and
(B) are in respect of the deferred payment of
transmission charges,
and
(iv) any amounts that the self-funded gas service provider
remitted to the gas distributor under section 19 of the
Act,
(b) provide, when requested by the Commission, a detailed
report of finances and operations relating to all money paid
or received in respect of the Gas Utility Payment Deferral
Program or payment of transmission charges, containing the
information and verified in the manner the Commission
requires, and
(c) subject to any order of the Commission, maintain accounts
using any basis or method the Commission directs.
Application for rate rider
6(1) A self-funded gas service provider may apply to have the
deferred amounts that the self-funded gas service provider did not
receive from enrolled gas customers under section 16 of the Act in the
repayment period included in a rate rider under this section.
(2) An application under subsection (1) must be made to the
Commission and must set out
(a) the deferred amounts that were not received by the
self-funded gas service provider from enrolled gas customers
in the repayment period under section 16 of the Act, and
(b) the reasonable efforts that the self-funded gas service
provider made to collect the deferred amounts referred to in
clause (a).
(3) A self-funded gas service provider, gas distributor or transmission
provider must provide any other information, reports or assistance
requested by the Commission for the purpose of establishing a rate
rider under this section.
(4) The Commission must establish a rate rider to recover all of the
reasonable deferred amounts that it determines self-funded gas service
providers did not receive from enrolled gas customers in the repayment
period under section 16 of the Act.
(5) Each gas distributor must, as soon as practicable, pay all amounts
collected pursuant to the rate rider to self-funded gas service providers
in the amounts and within the timelines approved by the Commission.
(6) If, after the repayment period, a self-funded gas service provider
that has made an application under this section receives a payment
from an enrolled gas customer in respect of amounts that the customer
had deferred under section 15 of the Act, the gas service provider must
notify the Commission, and the Commission may adjust the amount to
be paid to that self-funded gas service provider under subsection (5).
Rate riders under section 21 of
the Act and this Part
7(1) Applications under section 6(1) of this Regulation must be made
to the Commission as soon as practicable on or after June 19, 2021 and
no later than July 18, 2021.
(2) A proceeding under section 21 of the Act must be initiated by the
Commission as soon as practicable on or after June 19, 2021 and no
later than July 18, 2021.
(3) The rate riders established under section 6(4) of this Regulation
and under section 21 of the Act must
(a) be included in the distribution tariff charged by each gas
distributor that has a distribution tariff that is fixed or
approved by the Commission under the Gas Utilities Act
during the rate rider period, and
(b) apply to all rate classes and be set on a per gigajoule basis so
all customers of each gas distributor receive an identical per
gigajoule rate rider charge.
(4) Each gas distributor must, as soon as practicable, pay all amounts
it collects through the rate rider established under section 21 of the Act
in accordance with section 21(4) of the Act and within the timelines
approved by the Commission.