Acts and Regulations

2022-17 - Regulatory Variance Accounts and Deferral Account

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2022-17
under the
Electricity Act
(O.C. 2022-72)
Filed March 24, 2022
Under section 142 of the Electricity Act, the Lieutenant-Governor in Council makes the following Regulation:
1
GENERAL
Citation
1 This Regulation may be cited as the Regulatory Variance Accounts and Deferral Account RegulationElectricity Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Electricity Act. (Loi)
“Actual Energy Supply Cost” means the actual monthly energy supply cost incurred by the Corporation to supply in-province customers, expressed in dollars. (coût réel de l’approvisionnement énergétique)
“Actual Out-of-Province Gross Margin” means the actual monthly out-of-province revenue from the sale of electricity, capacity and renewable energy certificates less the actual out-of-province energy supply cost, expressed in dollars, excluding all costs and revenues associated with a Unit Participation Agreement between the Corporation and Maritime Electric Company Limited dated March 29, 1994, and any amendments to that agreement. (marge brute réelle hors de la province)
“Actual Sales Revenue” means the actual monthly revenue from sales of electricity to in-province customers. (revenu réel tiré des ventes)
“Actual Sales Volume” means the actual monthly volume of electricity sold to in-province customers, expressed in Megawatt hours (MWh). (volume réel des ventes)
“Adjustment Factor” means the monthly recovery from or reimbursement to customers through rate riders determined by the Board under section 12. (facteur de rajustement)
“Electricity Sales and Margin Variance” means the variance calculated in accordance with section 6.(ventes d’électricité et marges d’écart)
“Electricity Sales and Margin Variance Account” means the regulatory variance account required under paragraph 117.4(1)(b) of the Act. (compte des ventes d’électricité et des marges d’écart)
“Energy Supply Cost Variance” means the variance calculated in accordance with section 4. (coût d’écart de l’approvisionnement énergétique)
“Energy Supply Cost Variance Account” means the regulatory variance account required under paragraph 117.4(1)(a) of the Act.(compte d’écart des coûts de l’approvisionnement énergétique)
“Forecasted Energy Supply Cost Rate” means the forecasted energy supply cost for in-province customers reflected in the revenue requirements of the Corporation as approved by the Board and expressed in $/MWh, calculated as the total monthly energy supply cost to serve in-province customers, divided by the total monthly volume of in-province sales of electricity. (taux du coût de l’approvisionnement énergétique prévu)
“Forecasted Margin Rate” means the forecasted monthly margin rate on in-province sales of electricity, expressed in $/MWh, reflected in the revenue requirements of the Corporation as approved by the Board, calculated as: (taux de la marge prévu)
(Forecasted Sales Revenue/Forecasted Sales Volume) – Forecasted Energy Supply Cost Rate
“Forecasted Out-of-Province Gross Margin” means the forecasted monthly out-of-province revenue from the sale of electricity, capacity and renewable energy certificates, less the corresponding forecasted monthly out-of-province energy supply cost, expressed in dollars, excluding all costs and revenues associated with a Unit Participation Agreement between the Corporation and Maritime Electric Company Limited dated March 29, 1994, and any amendments to that agreement. (marge brute hors de la province prévue)
“Forecasted Sales Revenue” means the total forecasted monthly revenue from sales of electricity to in-province customers reflected in the revenue requirements of the Corporation as approved by the Board.(revenu de ventes prévu)
“Forecasted Sales Volume” means the monthly volume of forecasted in-province electricity sales, expressed in MWh, reflected in the revenue requirements of the Corporation as approved by the Board.(volume des ventes prévu)
“Load – Price Variance” means the variance calculated under subsection 6(4). (charge – écart de prix)
“Load – Volume Variance” means the variance calculated under subsection 6(5). (charge – écart de volume)
“Out-of-Province Gross Margin Variance” means the variance calculated under subsection 6(3). (marge d’écart brute hors de la province)
“Rate rider” means the rate charged or credited to customers, expressed in each of cents/kWh and dollars/MWh, calculated in accordance with section 12 and applied only to the energy consumption of each rate class. (avenant tarifaire)
Interpretation
3Despite any other provision of this Regulation, for the fiscal year commencing on April 1, 2022, any reference in this Regulation to the revenue requirements of the Corporation as approved by the Board shall be considered to be a reference to the revenue requirements of the Corporation as approved by its Board of Directors.
2
CALCULATION OF VARIANCES AND VARIANCE ACCOUNT BALANCES
Calculation of the Energy Supply Cost Variance
4(1)For the purposes of paragraph 117.4(1)(a) of the Act, for the fiscal year commencing on April 1, 2022, and for each fiscal year thereafter, the Corporation shall calculate the Energy Supply Cost Variance in accordance with this section.
4(2)During each fiscal year, the Corporation shall perform a monthly calculation of the difference between the actual monthly energy supply cost recovered through sales of energy to in-province customers, and the forecasted monthly energy supply cost for sales of energy to in-province customers reflected in the revenue requirements of the Corporation as approved by the Board, as follows:
Actual Energy Supply Cost – (Actual Sales Volume x Forecasted Energy Supply Cost Rate)
4(3)For each month in each fiscal year, the Corporation shall record in the Energy Supply Cost Variance Account:
(a) an addition to the account, where the calculation in subsection (2) is a positive number; or
(b) a deduction from the account, where the calculation in subsection (2) is a negative number.
4(4)Calculation of the Energy Supply Cost Variance shall include the following energy supply costs:
(a) fuel expenses including, but not limited to, heavy fuel oil, coal, petroleum coke, natural gas, uranium, fuel bundle fabrication, used nuclear fuel, diesel oil, light oil, limestone and additives;
(b) fuel handling and transportation expenses to the generating stations recorded as fuel expense;
(c) purchased power expenses including the purchase of energy and capacity from Canadian and US utilities and non-utility generators;
(d) the purchase of renewable energy credits;
(e) application of commodity and foreign exchange hedges;
(f) costs incurred under output-based pricing schemes or similar federal and provincial emission reduction measures recorded as fuel and purchased power expense;
(g) water rights; and
(h) profits or losses from the resale of fuel.
Calculation of the balance of the Energy Supply Cost Variance Account
5(1)For the fiscal year commencing on April 1, 2022, and for each fiscal year thereafter, the Corporation shall perform a monthly calculation of the balance of the Energy Supply Cost Variance Account in accordance with this section.
5(2)During each fiscal year, the monthly balance of the Energy Supply Cost Variance Account shall be calculated as the sum of:
(a) the balance of the Energy Supply Cost Variance Account at the end of the previous month;
(b) the Energy Supply Cost Variance calculated for the current month in accordance with subsection 4(2);
(c) the Adjustment Factor allocated to the Energy Supply Cost Variance Account in accordance with subsections 12(8) and (9);
(d) the monthly adjustment to the incentive threshold applicable to the Energy Supply Cost Variance Account, determined in accordance with section 8; and
(e) interest calculated for the current month in accordance with section 9.
5(3)The calculation of each of the Energy Supply Cost Variance and the monthly balance in the Energy Supply Cost Variance Account shall be based on the aggregate sales volumes of the Corporation, and shall not be calculated by customer class.
Calculation of the Electricity Sales and Margin Variance
6(1)For the purposes of paragraph 117.4(1)(b) of the Act, for the fiscal year commencing on April 1, 2022, and for each fiscal year thereafter, the Corporation shall calculate the Electricity Sales and Margin Variance in accordance with this section.
6(2)During each fiscal year, the Corporation shall perform a monthly calculation of the difference between actual and forecasted revenue and margin from sales of energy, capacity and renewable energy credits to both in-province and out-of-province customers, which shall be calculated as the sum of:
(a) the Out-of-Province Gross Margin Variance;
(b) the Load – Price Variance;
(c) the Load – Volume Variance.
6(3)The Corporation shall calculate, on a monthly basis, the Out-of-Province Gross Margin Variance as the difference between the Actual Out-of-Province Gross Margin and the Forecasted Out-of-Province Gross Margin reflected in the revenue requirements of the Corporation as approved by the Board.
6(4)The Corporation shall calculate, on a monthly basis, the Load – Price Variance as the difference between the actual monthly average price for the sale of electricity and the forecasted monthly average price for the sale of electricity reflected in the revenue requirements of the Corporation as approved by the Board, as follows:
[(Actual Sales Revenue/Actual Sales Volume) – (Forecasted Sales Revenue/Forecasted Sales Volume)] x Actual Sales Volume
6(5)The Corporation shall calculate, on a monthly basis, the Load – Volume Variance as the difference between the Actual Sales Volume and the Forecasted Sales Volume reflected in the revenue requirements of the Corporation as approved by the Board, as follows:
(Actual Sales Volume – Forecasted Sales Volume) x Forecasted Margin Rate
6(6)For each month in each fiscal year, the Corporation shall record in the Electricity Sales and Margin Variance Account:
(a) an addition to the account, where the calculation in subsection (2) is a negative number; or
(b) a deduction from the account, where the calculation in subsection (2) is a positive number.
Calculation of the balance of the Electricity Sales and Margin Variance Account
7(1)For the fiscal year commencing on April 1, 2022, and each fiscal year thereafter, the Corporation shall perform a monthly calculation of the balance of the Electricity Sales and Margin Variance Account in accordance with this section.
7(2)During each fiscal year, the monthly balance of the Electricity Sales and Margin Variance Account shall be calculated as the sum of:
(a) the balance of the Electricity Sales and Margin Variance Account at the end of the previous month;
(b) the Electricity Sales and Margin Variance calculated for the current month in accordance with subsection 6(2);
(c) the Adjustment Factor allocated to the Electricity Sales and Margin Variance Account in accordance with subsections 12(8) and (9);
(d) the monthly adjustment to the Incentive Threshold applicable to the Electricity Sales and Margin Variance Account, determined in accordance with section 8; and
(e) interest calculated for the current month in accordance with section 9.
7(3)The calculation of each of the Electricity Sales and Margin Variance and the monthly balance in the Electricity Sales and Margin Variance Account shall be based on the aggregate sales volumes of the Corporation, and shall not be calculated by customer class.
Calculation and Application of Incentive Threshold
8(1)For the fiscal year commencing on April 1, 2022 and for each fiscal year thereafter, the Corporation shall apply an Incentive Threshold of:
(a) the first five million dollars of the amounts recorded in the Energy Supply Cost Variance Account, whether a negative or positive balance; and
(b) the first five million dollars of the amounts recorded in the Electricity Sales and Margin Variance Account, whether a negative or positive balance.
8(2)The Incentive Threshold determined under subsection (1) shall not be recovered from customers or reimbursed to customers, as the case may be.
8(3)The Corporation shall apply a new Incentive Threshold to each fiscal year.
8(4)The Corporation shall perform a monthly calculation of the Incentive Threshold applicable to that month, which shall be applied to the balance of each of the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account in accordance with subsections 5(2) and 7(2), as the case may be.
8(5)This section applies equally to positive and negative balances in the accounts.
Calculation of Interest
9(1)The Corporation shall perform a monthly calculation of the interest on the balances of each of the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account determined in accordance with subsections 5(2) and 7(2), excluding paragraphs 5(2)(e) and 7(2)(e), as the case may be.
9(2)For purposes of subsection (1), the Corporation shall use a rate equivalent to its average short-term interest rate for the month, plus 0.65%, and shall utilize the actual number of days in the month and the applicable fiscal year.
9(3)Interest shall be calculated and applied to both positive and negative balances in the accounts.
3
RECOVERY OR REIMBURSEMENT OF VARIANCE ACCOUNT BALANCES
Filing of Variance Account Balances
10(1)On or before the fifteenth day of December in each fiscal year, the Corporation shall file with the Board a calculation, being the sum of:
(a) the actual balance of the Energy Supply Cost Variance Account up to and including the month of October in that fiscal year, calculated in accordance with subsection 5(2); and
(b) the actual balance of the Electricity Sales and Margin Variance Account up to and including the month of October in that fiscal year, calculated in accordance with subsection 7(2).
10(2)If the calculation under subsection (1) results in a positive number, it shall be recovered from customers in accordance with this Part, and if it results in a negative number, it shall be reimbursed to customers in accordance with this Part.
Recovery or Reimbursement of Balances
11(1)The Corporation shall, as part of the filing under subsection 10(1), propose:
(a) a period of fiscal years over which the amount calculated under subsection 10(1) is to be recovered from or reimbursed to customers;
(b) an amount to be recovered or reimbursed to customers in the fiscal year next following the filing under subsection 10(1); and
(c) a calculation of the rate rider for each rate class of the Corporation in the fiscal year next following the filing under subsection 10(1) which is necessary to recover or reimburse the amount proposed under paragraph (b).
11(2)The Board shall, subject to subsections (3) and (4), determine a period of fiscal years over which the amount calculated under subsection 10(1) is to be recovered or reimbursed, and an amount to be recovered or reimbursed to customers in the fiscal year next following the filing under subsection 10(1).
11(3)Subject to subsection 12(4), the Board shall ensure that the minimum amount recovered from customers in the fiscal year next following the filing under subsection 10(1) is the greater of:
(a) 40% of the amount calculated under subsection 10(1); and
(b) the lesser of
(i) the amount calculated under subsection 10(1), and
(ii) 15 million dollars.
11(4)Subject to subsection 12(4), the Board shall ensure that the minimum amount reimbursed to customers in the fiscal year next following the filing under subsection 10(1) is the greater of:
(a) 40% of the amount calculated under subsection 10(1), expressed as a positive value; and
(b) the lesser of
(i) the amount calculated under subsection 10(1), expressed as a positive value, and
(ii) 15 million dollars.
Determination of Rate Riders by the Board
12(1)The Board shall allocate the amount determined by the Board under subsection 11(2) to each rate class of the Corporation in the same proportion as energy supply costs are allocated in the most recent Class Cost Allocation Study approved by the Board.
12(2)The Board shall determine rate riders to apply to the energy consumption of each rate class of the Corporation which are necessary to recover or reimburse the amount determined by the Board under subsection 11(2) in the fiscal year next following the filing under subsection 10(1), based on:
(a) the allocated amounts under subsection (1); and
(b) the most recent load forecast of the Corporation approved by the Board.
12(3)The Board shall implement the rate riders determined under subsection (2) by April 1 of the fiscal year next following the filing under subsection 10(1), and the rate riders shall be in force for the entirety of that fiscal year.
12(4)Despite anything in this Regulation, the rate riders determined under subsection (2) shall not exceed rates which:
(a) in the case of a recovery from customers, would result in an increase in the revenue recovered from all rate classes, in the aggregate, in excess of 3% of the total in-province revenue forecast approved by the Board for the fiscal year; or
(b) in the case of a reimbursement to customers, would result in a decrease in the revenue recovered from all rate classes, in aggregate, in excess of 3% of the total in-province revenue forecast approved by the Board for the fiscal year.
12(5)Despite anything in this Regulation, a rate rider shall not be applied to the Interruptible Energy Charge or Surplus Energy Charge as set out in the Rates, Schedules and Policies Manual of the Corporation as filed with the Board.
12(6)Rate riders determined under this section shall be listed in the Rates Schedules and Policies Manual of the Corporation as a charge but are not required to be shown on customer bills as a charge separate from the rates applied to a customer.
12(7)For purposes of this section, the Board shall accept the calculations filed with the Board under subsections 10(1) and (2), but may inquire into and adjust the balances in the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account in accordance with section 14.
12(8)The Adjustment Factor shall be determined by applying the rate riders determined by the Board under this section to the actual load of each rate class of the Corporation in each month of the fiscal year next following the filing under subsection 10(1).
12(9)For purposes of paragraphs 5(2)(c) and 7(2)(c), the Adjustment Factor shall be allocated between the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account based on the balance in each variance account as calculated in the filing under subsection 10(1).
Additional Reporting
13For the fiscal year commencing on April 1, 2022, and each fiscal year thereafter, the Corporation shall file a report with the Board no later than 60 days after the end of the fiscal year that shall contain:
(a) a reconciliation of the actual balance in each of the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account; and
(b) a variance analysis identifying the cause of variances in
(i) energy supply costs,
(ii) sales revenues and margins for both in-province and out of province load, and
(iii) amounts recovered from or reimbursed to customers through rate riders.
Audit and oversight – Annual Review by the Board
14(1)Upon receipt of the report required under section 13, the Board shall retain an independent auditor to verify the accuracy of the balances in each of the Energy Supply Cost Variance Account and the Electricity Sales and Margin Variance Account, which auditor shall produce a report for the Board which:
(a) confirms the balances as set out in the report required under section 13; or
(b) if not satisfied that the balances are accurate, make such recommendations to the Board as are necessary to adjust the balances.
14(2)Upon receipt of the report of the auditor, the Board shall provide a copy of the report to the Corporation.
14(3)If the report of the auditor confirms the balances as reported under section 13, the Board shall not adjust the balances of each account.
14(4)If the report of the auditor makes recommendations to adjust the balance of either account, the Corporation shall, within 30 days of receipt of a copy of the auditor’s report:
(a) if it agrees with the recommendations of the auditor, confirm with the Board, in writing, that the Corporation so agrees; or
(b) if it objects to any recommendation of the auditor, reply to the Board, in writing, setting out the nature and rationale for such objection.
14(5)Following receipt of the response of the Corporation under subsection (4), the Board shall determine the extent of any adjustment to be made to the balance of either account, and shall direct the Corporation accordingly.
14(6)If directed by the Board under subsection (5), the Corporation shall confirm, in writing, that it has made the adjustments directed by the Board, and shall provide the Board with the adjusted balances in each account.
4
ENERGY EFFICIENCY AND DEMAND RESPONSE DEFERRAL ACCOUNT
Definitions
15The following definitions apply in this Part.
“Energy Efficiency and Demand Response Deferral Account” means the regulatory deferral account required under section 117.3(1) of the Act.(compte de report relatif à l’efficacité énergétique et à la réponse à la demande)
“Expected Benefit Period” means the period of time that an energy efficiency or demand side management measure, once implemented, would be expected to provide benefits into the future, as that benefit period may be established by evaluation, measurement and verification procedures recognized in the regulation of utilities. (période attendue de bénéfice)
“Qualifying Costs” means all costs and expenditures incurred by the Corporation for the purpose of fulfilling the responsibilities of the Corporation under sections 117.1 and 117.2 of the Act, with the exception of costs and expenditures that:(coûts admissibles)
(a) may be capitalized under the accounting policies of the Corporation;
(b) are related to energy efficiency and demand response programs for fuels other than electricity, including but not limited to, natural gas and home heating fuel oil;
(c) are direct costs and expenditures for programs and initiatives for which the Expected Benefit Period is one year or less;
(d) are marketing and publicity costs, with the principal purpose of educating electricity customers and raising public awareness of the benefits of energy efficiency and demand side management programs;
(e) are training costs for the purpose of building the technical knowledge and capacity to develop, implement and deliver energy efficiency and demand side management programs and initiatives; and
(f) are paid by, or reimbursed by, a government agency or other third party.
Recording of Qualifying Costs by Fiscal Year
16For the fiscal year commencing on April 1, 2022 and for each fiscal year thereafter, the Corporation shall record all Qualifying Costs incurred in each fiscal year in the Energy Efficiency and Demand Response Deferral Account.
Calculation of Financing Costs
17The following definitions apply in this Part.
17(1)The Corporation shall calculate, each month, the financing costs related to the Qualifying Costs for each fiscal year using a rate equivalent to its weighted average cost of long term debt of the Corporation at the end of the previous fiscal year, plus 0.65%, and shall utilize the actual number of days in the month and the applicable fiscal year.
17(2)The Corporation shall record the financing costs calculated under subsection (1) in the Energy Efficiency and Demand Response Deferral Account.
Recovery of Balances
18The Qualifying Costs incurred in each fiscal year, together with the related financing costs, shall be recovered by the Corporation on a straight-line basis over a ten-year period commencing with the fiscal year next following the fiscal year in which the Qualifying Costs were incurred.
N.B. This Regulation is consolidated to March 24, 2022.