Calculation of payments
3.5 (1) Subject to subsection (3), the amount of a payment by a distributor or retailer to a consumer under section 3.4 shall be determined in accordance with the following formula: (A + B) – (C + D) where, A = subject to subsection (2), the total amount that the consumer was charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, B = subject to subsections (2) and (3), the total amount that the consumer was charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, C = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period, D = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to April 30, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period. O. Reg. 126/03, s. 2. (2) If May 1, 2002 falls within a billing period that includes any day before that day, or if April 30, 2003 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to April 30, 2003. O. Reg. 126/03, s. 2. (3) The amounts of “B” and “D” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives from the consumer or another person the information necessary to determine those amounts. O. Reg. 126/03, s. 2. (4) The amounts of the payment that a distributor or retailer is required to make under section 3.4 to a consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 126/03, s. 2. (5) A distributor or retailer who is required to make a payment under section 3.4 shall do so by crediting the consumer’s account and showing the credit on an invoice issued to the consumer or by some other form of payment mutually agreed on with the consumer at the most recent address provided by the consumer or at such other location as may be mutually agreed on. O. Reg. 126/03, s. 2. (6) If a distributor maintains a PPVA account in respect of a consumer who is a designated consumer under paragraph 6.1 of section 2 and, on the day this section comes into force, there is a balance in the PPVA account to the credit of the distributor, (a) subsection (1) does not apply to the consumer; and (b) the distributor shall reduce the balance of the consumer’s account to zero. O. Reg. 126/03, s. 2.