Ontario Power Authority Enters Into CDM Programs

Effective May 1, 2007, the Ontario Power Authority (OPA) entered into master agreements in respect of conservation and demand management (CDM) programs with more than 60 local electricity distribution utilities. The utilities have the option, under the master agreement, of receiving funds for a summer savings program, whereby customers who reduce electricity consumption by 10 per cent receive further savings on their electricity bill, a residential and small commercial demand response program involving the installation of load control devices in air conditioning units and electric water heaters, an appliance retirement program, whereby inefficient refrigerators are decommissioned, a business incentive program, to encourage energy efficient measures by enterprises, and custom-designed CDM programs. These programs represent the largest coordinated effort Ontario has ever made to encourage consumers to use less electricity.

The initiative is a result of a directive from the Minister of Energy to the OPA to coordinate and fund the delivery of CDM programs. The directive provides the OPA with authority to fund up to $400 million of CDM programs over three consecutive years.

OPA was represented by its in-house counsel, Ernest Belyea, and its external counsel
Aird & Berlis LLP, with a team comprised of Ron Clark, Salima Virani, Ron McKenna and Lisa Angeli (commercial and energy), Grant Cansfield and Ken Clark (intellectual property).

The Electricity Distributors' Association was represented by its in-house counsel, Deborah Steggles, and external counsel, Patrick Moran (energy) and Cynthia Mason (intellectual property) of Ogilvy Renault LLP.

The Coalition of Large Distributors, consisting of Toronto Hydro, Enersource Hydro Mississauga, PowerStream, Horizon Utilities, Veridian Connections and Hydro Ottawa, was represented by Borden Ladner Gervais LLP with a team including Mark Rodger, Linda Bertoldi and Michael Shadbolt.

Hydro One was represented by in-house counsel Adele Pantusa and Rhonda Wise.

Lawyer(s)

Ron W. Clark Linda L. Bertoldi J. Mark Rodger Ronald J. McKenna Michael D. Shadbolt R. Grant Cansfield Lisa Cinelli Cynthia Mason