This consultation was open from:
May 7, 2024
to June 21, 2024
Decision summary
Proposed regulatory amendments related to the treatment of corporate power purchase agreements (PPAs) were approved and will allow Industrial Conservation Initiative (ICI) participants to reduce their GA charges based on the electricity purchased under the eligible PPA.
Decision details
Regulatory amendments to Ontario Regulation 429/04, made under the Electricity Act, 1998 have been made via an amending regulation that impact the treatment of corporate power purchase agreements (PPAs). The amendments are effective July 1, 2025.
The regulatory amendments will allow Industrial Conservation Initiative (ICI) participants that have an eligible PPA with an eligible non-emitting electricity generator (i.e., defined as a facility generating electricity from wind, solar, hydro, geothermal, biomass, biofuel or biogas) to reduce their Global Adjustment charges based on the electricity purchased under the eligible PPA during the five hours of the year when electricity demand is highest.
The proposal was posted on the Regulatory Registry of Ontario (RRO) and Environmental Registry of Ontario (ERO) for 45 days, from November 2, 2023, to December 17, 2023. Comments received on the proposal were generally supportive. Some stakeholders, via their comments, requested more details regarding the mechanics of the proposal.
Following the initial consultation, the proposal was posted again on the RRO and ERO, for 45 days, from May 7, 2024 to June 21, 2024. The second posting was made for two reasons: First, it included a consultation draft of the proposed regulatory amendments as supporting material, to address the requests for more proposal details. Second, it added a proposed requirement that any new generation projects entering a corporate PPA must obtain a municipal support resolution (MSR) and not be located on prime agricultural land.
Stakeholder comments received from the second posting were generally supportive, and as a result, the final regulatory amendments include both the MSR and prime agricultural land requirements.
Effects of consultation
Stakeholders were generally supportive of the proposal, citing its potential to help consumers manage their electricity costs.
Stakeholders provided input regarding eligible generation technology type (e.g., battery storage), eligible consumer type (e.g., Class B) and the proposed approach for determining the amount of electricity purchased under the PPA.
Supporting materials
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Contact
Mark Bergman
77 Grenville Street, 7th Floor
Toronto,
ON
M7A 2C1
Canada
Original proposal
Proposal details
These proposed amendments are informed by feedback received from stakeholders during the consultation held in 2023 and aim to support the growth of new clean generation in the province.
Following the release of the Powering Ontario's Growth plan in 2023, the Independent Electricity System Operator (IESO), at the direction of the province, is procuring new clean electricity resources to meet the province's growing energy needs. In 2023, the IESO launched its electricity capacity resource procurement and expects to launch an electricity energy resource procurement in 2024.
The proposed amendments aim to support the growth of new clean generation in the province by allowing Industrial Conservation Initiative (ICI) market participants to offset their facility's demand in the top five peak hours of a base period for settlement purposes through power purchase agreements (PPAs) with non-emitting generation facilities that are not connected behind the facility's meter. The proposal would be similar to “virtual” net metering arrangements for ICI participants, in that the contracted generation would be treated as if it is supplied to the ICI participant behind-the-meter for the purpose of determining Global Adjustment (GA) charges.
The types of technologies that would be eligible under the proposal are wind, solar, hydroelectric and biofuel. The Ministry recognizes the interest in pairing these technologies with energy storage and the inclusion of nuclear small modular reactors (SMRs), however due to the complexity to implement these additional technologies they will be considered at a future date. The proposal is intended to encourage the growth of non-emitting energy generation in the province and follows other recent initiatives taken by the government to support the procurement of clean energy resources to meet the province’s growing energy needs.
The proposal aims to facilitate access to non-emitting electricity supplies for large customers and, as a result, provide businesses with more choice in how they pursue their environmental and sustainability goals. Greater customer access to clean electricity will create more competition in the renewable market that would help reduce overall generation costs and lower emissions.
The Ministry is particularly interested in stakeholder feedback as it pertains to the mechanics of financial settlement (including peak demand factor calculations) under the proposed amendments. The Ministry is also interested in stakeholder feedback on the implementation of a proposed requirement that new generation facilities obtain a local municipal support resolution stating support for the new generation facility on their municipal lands in order to be eligible under the proposed amendments, and a potential restriction on locating new generation facilities on prime agricultural lands. The anticipated effective date for the proposed amendments is May 1, 2025.
The proposed regulatory amendments may be subject to change after considering feedback from the Environmental Registry and Regulatory Registry posting and stakeholder consultations.
Supporting materials
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Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from May 7, 2024
to June 21, 2024
Connect with us
Contact
Mathew Peltier
7th floor, 77 Grenville Street
Toronto,
ON
M7A 2C1
Canada
Comments received
Through the registry
28By email
0By mail
0