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SETTING PAYMENT AMOUNTS FOR OPG’S PRESCRIBED ASSETS

SETTING PAYMENT AMOUNTS FOR OPG’S PRESCRIBED ASSETS. EB-2006-0064. Michael Lyle, General Counsel Michael.lyle@powerauthority.on.ca 416-969-6035; fax 416-967-1947 120 Adelaide St. W., Suite 1600 Toronto, Ontario, M5H 1T1. POLICY NEUTRALITY.

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SETTING PAYMENT AMOUNTS FOR OPG’S PRESCRIBED ASSETS

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  1. SETTING PAYMENT AMOUNTS FOR OPG’S PRESCRIBED ASSETS EB-2006-0064 Michael Lyle, General Counsel Michael.lyle@powerauthority.on.ca 416-969-6035; fax 416-967-1947 120 Adelaide St. W., Suite 1600 Toronto, Ontario, M5H 1T1

  2. POLICY NEUTRALITY • OPA agrees that this is not the forum to decide on future evolution of electricity sector in Ontario • OPA believes regulatory contracts option is more policy neutral than other options • Current OPA procurement contracts designed to be able to operate in hybrid, competitive or fully regulated system

  3. BENEFITS OF REGULATORY CONTRACTS • Regulatory contracts best approach when consider: • Efficient operation of existing wholesale market • Private sector investment in new generation • Provides OPG with appropriate incentives to behave in wholesale market • Allows for level playing field between OPG refurbishment/expansion and private investment

  4. WHAT IS IT? • Option not well understood • Does not “fit well into a soundbite” (London Economics) • Criticized on grounds of: • Transparency • Complexity • Cost to consumers • Risk to OPG • Inconsistency with OEB mandate

  5. TRANSPARENCY • OPA believes that cost inputs to a regulatory contract should be determined in a transparent, quasi-judicial process based on a cost of service like filing • OPA advocates as much transparency as possible in negotiation process and ultimately transparent OEB review of outcome of negotiations

  6. COMPLEXITY • OPA acknowledges that regulatory contracts option involves complexity • None of the options are simple • Others have acknowledged that all options need to address incentives for OPG conduct in wholesale market • This approach more likely to optimize public interest

  7. COST TO CONSUMERS • Key cost inputs based on cost of service like proceeding • Average cost to consumers under regulatory contracts model not significantly different from cost of service outcome

  8. RISK TO OPG • Concern expressed about risk related to IESO proposal • Regulatory contract flexible way to address appropriate allocation of risk between OPG and consumers

  9. MANDATE • OEB given mandate to set payments based on strengths of quasi-judicial process: • Transparency • Testing of evidence • Contractual negotiations have other benefits: • Able to address complexity • Flexibility • Proposal would combine best of each process without diminishing OEB powers

  10. CONCLUSION • Regulatory contracts option has the following attributes: • It is policy neutral • It provides incentives for OPG to behave efficiently • It does not discourage private investment • It is transparent • It is flexible • It combines best aspects of quasi-judicial and contract processes

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