The OPA is bound by directives issued under the Electricity Act, 1998 by the Minister of Energy which articulate government policy.
October 23, 2014
Amending March 31, 2014 Direction Regarding 2015-2020 Conservation First Framework - The Minister has given further direction to the OPA with respect to performance incentives under the full cost recovery mechanism, the OPA Cost-Effectiveness Tests and the procurement of energy managers.
The OPA is directed to make an additional incentive mechanism available to Distributors at the formal mid-term review contemplated in the March 2014 Direction. In ensuring that there is a positive benefit-cost analysis of each Distributor CDM Plan and each Province-Wide CDM Program and Local Distributor CDM Program utilizing the OPA’s Total Resource Cost (“TRC”) Test and the Program Administrator Cost Test, the Minister has directed that the OPA shall require that the benefits calculated for the TRC Test include a 15 per cent adder to account for the non-energy benefits associated with Province-Wide CDM Programs and Local Distributor CDM Programs, such as environmental, economic and social benefits. The Minister has also directed the OPA to procure and coordinate the cost-effective services of energy manager to ensure their sufficient availability to target small business, commercial and institutional customers across the province.
August 29, 2014
Feed-in Tariff (FIT) Program – The Minister of Energy has directed the OPA with respect to Price Review and the 2014 FIT Procurement Window; Stakeholder Engagement; and 2014 microFIT Procurement Unallocated Capacity. For the 2014 price review, in consultation with the Ministry of Energy, the OPA shall conduct focused outreach with industry in September 2014, and publish updated price schedules by September 30, 2014, to be effective immediately for the FIT Program and January 1, 2015 for the microFIT Program. For future years, the OPA shall conduct an annual price review in consultation with the Ministry, by no later than October 31 and publish updated price schedules by November 30. The updated price schedules will continue to be effective January 1 of the following year.
In the June 12, 2013 ministerial directive, the OPA was directed to award up to 150 MW for Small FIT Projects, in 2014. The Minister has now directed the OPA to extend the FIT 3 procurement by allocating up to 100 MW for eligible applicants, provided there is available connection capacity. The remaining 50 MW capacity from the 2014 FIT procurement target will be applied to the 2015 FIT procurement target which is 200 MW plus any unallocated capacity from the 2014 FIT procurement target and any unallocated capacity from the 2014 microFIT procurement target. In 2015, the OPA shall award up to 50 MW under the microFIT Program.
The OPA, in consultation with the Ministry, will undertake focused stakeholder engagement to inform potential enhancements to the FIT and microFIT Progams and report back to the Ministry with recommendations by December 31, 2014.
July 30, 2014
Korean Consortium Phase 3 Projects - Under the Amended and Restated Green Energy Investment Agreement (“ARGEIA”) between the Government of Ontario, the Korea Electric Power Corporation and Samsung C&T Corporation (“Korean Consortium”) executed on June 20, 2013, the development, construction and operation of wind and solar generation projects was limited to three phases, instead of five phases as stated in the original agreement of January 21, 2010.
In recognition of the Korean Consortium having obtained the support of the landowner(s) adjacent to the Korean Consortium’s proposed Southgate Solar LP Project Site in the Township of Southgate, the Minister directs the OPA to deem the Korean Consortium to have met the Residential Property eligibility requirements of the FIT Program.
July 25, 2014
Industrial Accelerator Program - The 5-year Industrial Accelerator Program (“IAP”) established through the March 4, 2010 ministerial direction, will conclude on June 23, 2015. In order to remain on track to achieve the 2013 LTEP CDM target of 30 TWh by 2032, the Minister has directed the OPA to deliver the IAP for the period commencing June 23, 2015 through December 31, 2020, with a CDM target of 1.7 TWh for the period.
The OPA shall include electricity savings achieved through the IAP in its annual conservation report on overall progress toward achieving the provincial 2032 CDM target of 30 TWh.
The OPA, in consultation with the Ministry of Energy, shall no later than June 1, 2018, have completed a mid-term review of the IAP in regards to:
July 25, 2014
Feed-in-Tariff Domestic Content Requirements - The direction notes the Ministry’s stated intention to bring the FIT program into compliance with the May 24, 2013 World Trade Organization rulings regarding domestic content requirements in Ontario's Feed-in Tariff program. The OPA has received the Minister's direction that it shall not include any domestic content requirement in any FIT or microFIT contracts signed by the OPA after July 25, 2014, the date of this direction. The direction does not apply to amendments made after July 25, 2014 to FIT or microFIT contracts that were entered into by the OPA before this direction.
May 1, 2014
Amending December 16, 2013 Direction Regarding Supply Agreement with Ontario Power Generation for the Conversion of Thunder Bay Generating Station – On December 16, 2013, the Minister directed the OPA to negotiate and enter into a Contract with OPG for the procurement of electricity from advanced biomass from one converted unit at the Thunder Bay Generating Station (TBSG). Amending the December 16 direction, the OPA is now directed to allow for the recovery of annual operating costs in the Contract, which shall be deemed to be $30 million per year on average over the Contract term (for a total of $150 million) with no adjustment for inflation.
April 24, 2014
Industrial Electricity Incentive – On November 1, 2012, the OPA received a directive to establish the Industrial Electricity Incentive (“IEI”) program to improve load management and the management of electricity demand in Ontario by encouraging increased industrial production through electricity-based price adjustments for eligible electricity consumption. In accordance with that direction the OPA developed and launched Stream 1 and Stream 2. The Minister now directs the OPA to cancel Stream 1 and terminate any Stream 1 applications that have not resulted in an executed IEI Stream 1 Contract; and, to terminate any outstanding Stream 2 applications that have not been offered an IEI Stream 2 Contract. The OPA is directed not to open any further application windows for Stream 2. Instead, the Minister directs the OPA to design and implement a new Stream 3 for the IEI program. The new Stream 3 would expand eligibility to certain other energy-intensive sectors, as specified in the direction, and would offer a contract term that is sufficiently long to attract applicants. The OPA is directed to consult with stakeholders in the development of Stream 3, and will work with the Ministry of Energy to develop the Stream 3 contract(s) and program rules. The OPA is directed to post draft program documents for Stream 3 by July 1, 2014, and to offer Stream 3 contracts to successful applicants by no later than December 31, 2014.
April 24, 2014
Hydroelectric Projects – The OPA is directed by the Minister to transfer 25 MW of unallocated capacity from the Hydroelectric Standard Offer Program (HESOP) – Municipal Stream procurement to the 2014 hydroelectric procurement target for the Large Renewable Procurement (“LRP”) for a target of 75 MW; and, to transfer any unallocated capacity from the upcoming HESOP – Expansion Stream procurement to the 2015 hydroelectric procurement target for the LRP process.
The directive states that any hydroelectric capacity under the 2014 or 2015 LRP procurement targets that is not procured and any capacity resulting from termination of HESOP Municipal and Expansion Stream contracts up to and including December 31, 2015 shall be transferred to the 2016 LRP hydroelectric procurement target.
In relation to the HESOP – Expansion Stream procurement that the OPA was directed to procure under the June 26, 2013 directive, the OPA is directed to enter into new contracts for existing NUG facility capacity that is currently under contract with the OEFC, in addition to the incremental expansion capacity being added to the NUG facility.
March 31, 2014
2015-2020 Conservation First Framework – In Achieving Balance: Ontario’s Long-Term Energy Plan (“LTEP 2013”), the government established a provincial conservation and demand management (“CDM”) target of 30 TWh in 2032. To assist the government in achieving this target, LTEP 2013 also committed to establishing a new six-year Conservation First Framework beginning in January 2015. To remain on track to achieve Ontario’s 2013 LTEP CDM target, it is forecasted that 7 TWh needs to be achieved between 2015 and 2020 through Distributor CDM programs enabled by the Conservation First Framework. In addition, transmission-connected customers will continue to have access to OPA CDM programs. The OPA is directed to coordinate, support and fund the delivery of CDM programs through Distributors to achieve a total of 7 TWh of reductions in electricity consumption between January 1, 2015 and December 31, 2020.
March 31, 2014
Continuance of the OPA’s Demand Response Program under IESO management – In Achieving Balance: Ontario’s Long-Term Energy Plan (“LTEP 2013”), Ontario signalled that responsibility for existing demand response (“DR”) initiatives and introduction of new DR initiatives will be transferred from the OPA to the Independent Electricity System Operator (“IESO”). The OPA has received a directive from the Minister which seeks to facilitate an orderly transition of DR to the IESO-administered market.
March 31, 2014
Moving Forward with the Large Renewable Procurement (“LRP”) Process – In response to the OPA’s report, Development of a New Large Renewable Procurement (LRP) Process: Final Recommendations Report, dated February 28, 2014, the Minister directs the OPA to develop a draft Request for Qualifications (“RFQ”) and draft Request for Proposals (“RFP”) for its LRP Process. The OPA is to complete its work on the draft RFQ and post it for review and comment by stakeholders no later than April 4, 2014. The RFQ is to be launched by June 9, 2014. The OPA is also directed to continue to develop draft RFP rated criteria in consultation with the Ministry of Energy. Future ministerial direction will define particular features of the final RFP.
March 31, 2014
Combined Heat and Power (“CHP”) – Agricultural Industry and District Heating Projects – The OPA is directed to develop a new standard offer procurement program to procure 150 MW of CHP, to be known as the “Combined Heat and Power Standard Offer Program 2.0” or “CHPSOP 2.0”. CHPSOP 2.0 will maintain the general structure of the previous CHPSOP, with a number of adjustments. These adjustments include, among other things, designing the program for projects that would provide thermal energy to operations in the Target Sectors; differentiating between the Target Sectors using the following categories: (i) Agricultural Industry Projects (which includes greenhouses, other growing operations and food processing facilities), and (ii) District Energy Projects; and specifying sector-specific procurement targets. The OPA is to launch CHPSOP 2.0’s first application window with a target date of November 3, 2014 for a total capacity of 100 MW. CHPSOP 2.0’s second window is to be launched in 2015, to procure the balance of the 150 MW.
March 31, 2014
Procuring Energy Storage – As provided for in Achieving Balance: Ontario’s Long-Term Energy Plan, the government has determined that the procurement of 50 MW of energy storage by the end of 2014 should be pursued. Through a letter dated February 20, 2014 the Minister expressed a preference that this 50 MW be procured through IESO-led procurement efforts (Phase 1) for as much as 35 MW, and the balance through OPA-led procurement efforts (Phase 2). The OPA is now directed to undertake an energy storage procurement process for Phase 2. This procurement process is to be designed in a manner that complements the IESO-led process, and ensures that the OPA is in a position to enter into contracts with successful proponents by the end of September 2014. The procurement process is also to include a contract structure designed to optimize ratepayer and system benefits
December 16, 2013
Moving Forward – Letter Requiring Report Back – Combined Heat and Power (“CHP”) – Amendment to a previous CHP direction – Based on the government’s document Achieving Balance: Ontario’s Long-Term Energy Plan, the Minister is requiring the OPA to consult and report back to him by the end of February, 2014, on the most appropriate and efficient means by which the OPA could design a targeted procurement program for CHP projects that are capable of maximizing efficiency and/or regional capacity need in respect of the Target Sectors. The letter identifies programs for CHP at greenhouse operations agri-food and district energy projects as the “Target Sectors”. The Minister also confirms his desire that the OPA implement the CHP initiative described in the CHP direction of November 23, 2010.
December 16, 2013
Moving Forward with Large Renewable Energy Projects, Renewable Energy Projects in Remote First Nation Communities and Energy Storage – The OPA has received a directive from the Minister which seeks to outline the implementation of the following three initiatives identified in the government’s document Achieving Balance: Ontario’s Long-Term Energy Plan:
The OPA is directed to design and develop the Competitive Procurement Process based on the principles articulated in Achieving Balance and to conduct further outreach with the public, municipalities, the renewable energy sector, the Association of Municipalities of Ontario, other stakeholder and First Nation and Métis communities in early 2014. The OPA shall report back to the Minister with a proposed design for the Competitive Process by March 1, 2014, and subject to a further direction, plan to post the draft Request for Qualification for comment for the Competitive Process before the end of the first quarter of 2014.
The OPA is directed to work with those remote First Nation communities where transmission connection is not identified as economic in the OPA’s plans, and other appropriate parties, in order to develop and implement solutions for on-site renewable generation projects that reduce their dependency on diesel fuel and which promote the use of renewable energy sources. Where plans are not already in place, the OPA shall work with these remote communities to analyze options and develop plans by the end of 2014.
The Minister requests that the OPA work closely with the IESO and jointly report back to the Minister with a proposed design and outline for an energy storage procurement framework by January 31, 2014.
December 16, 2013
100 percent Biomass Non-Utility Generator Projects – The Minister is replacing the November 23, 2010 direction as it pertains to negotiating new contracts with non-utility generator facilities (“Biomass NUGs”) having certain characteristics listed in Appendix A to that direction. The Minister directs the OPA to seek new contracts with the owners and operators of the Biomass NUGs on terms that include those outlined in the direction.
December 16, 2013
Supply agreement with the Ontario Power Generation for the conversion of Thunder Bay Generating Station (“TBGS”) – The Minister has issued a direction to the OPA that replaces the direction issued on March 16, 2006 and the direction issued on August 17, 2011, both relating to the conversion of the TBGS. The Minister directs the OPA to negotiate and enter into a contract with OPG for the procurement of electricity from advanced biomass at TBGS, subject to the parameters provided in the direction. The contract will cover the output from one unit at TBGS, which is to have a rated capacity of 150 MW. The contract will provide that OPG is to optimize the operation of the converted unit to maximize reliability in the northwest region, while considering the cost impacts of the operation of the converted unit.
October 28, 2013
Clarification re: Non-application to First Nation reserves of FIT Program restrictions relating to agricultural lands – In recognition of the authority of band councils elected under the Indian Act to make decisions regarding land use on reserves, the Minister’s policy is to defer to band councils in relation to the use of agricultural land for power generation purposes. The Minister therefore directs the OPA not to apply the Agricultural Land Restrictions to FIT projects proposed to be located on reserve lands.
October 25, 2013
Clarification re: Procuring Electricity From Energy from Waste (“EFW”) Facilities Using Technologies That Have Completed the Ministry of Environment Pilot or Demonstration Project (“PDP”) Initiative – The Minister of Energy confirms his desire that the OPA implement the Initiative described in the August 19, 2011 direction, and directs the Ontario Power Authority to assume responsibility for this Initiative.
August 16, 2013
Administrative Matters Related to Renewable Energy and Conservation Programs – the OPA is directed by the Minister to, in consultation with the Ministry of Energy, undertake an evaluation process to identify opportunities to improve, streamline and better align the FIT Program support programs and provide the Ministry with its recommendations by January 31, 2014.
The OPA is directed to make interim pre-FIT funding available to municipalities and public sector entities through two new applicant funding streams. The OPA is directed to also make the remaining education and capacity building funding, as referenced in the July 11, 2012 direction, available to Aboriginal communities and organizations, co-operatives, municipalities, and public sector entities. This funding may be made available to not for profits and charities to provide education and capacity building to the groups indicated above.
For FIT contracts that receive priority as part of a Contract Capacity Set-Aside, the directive establishes that a drop in equity participation to 50% or less, or a drop in local property owner membership below fifty members, will only be grounds for termination of a FIT contract if it occurs before the fifth anniversary of commercial operation being achieved. Drops in local property owner participation will not be a default if it is attributable to death or departure from the community. A minimum participation level of 25% is required to be maintained for the full term of the contract.
As an interim step towards better aligning the FIT program with the World Trade Organization members adopted rulings, the OPA is directed to reduce domestic content requirements to a specified minimum for new FIT procurements undertaken during the implementation period. This period commences at the Fall 2013 procurement window and the reductions apply to Small FIT, microFIT, and pilot solar projects on unconstructed buildings, including any unused capacity from the Small FIT window that closed on January 18, 2013.
The OPA is also directed to amend the Industrial Accelerator Program (“IAP”) to include non-industrial transmission connected consumers, and conservation measures addressing equipment replacement and retrofits and new construction. The directive specifies that participants in the Industrial Electricity Incentive Program (“IEI”) are not eligible for the new IAP measures authorized by the directive in respect to their IEI eligible load.
June 26, 2013
Hydroelectric Projects - The Minister has directed the OPA to launch two standard offer programs by September 30, 2013 to procure up to:
Also, by September 30, 2013 the OPA is directed to launch the procurement of hydroelectric capacity of up to 10 MW for new build distribution-connected hydroelectric projects as set out in the January 21, 2013 directive. Commencing in the summer of 2013, the OPA is further directed to enter into negotiations for a power purchase agreement with OPG to procure electricity from OPG and the Taykwa Tagamou First Nation proposed 25 MW New Post Creek hydroelectric generating station. Further, the OPA is directed to offer a 3-year extension to the Milestone Date for Commercial Operation in existing hydroelectric FIT contracts.
June 12, 2013
Renewable Energy Program - The Minister has directed the OPA to continue the FIT Program in accordance with this new directive. The directive provides, among other things for:
The directive further provides for a number of measures to incent municipal and public sector entity participation in the small FIT Program and provides set asides of available contract capacity for municipal or public sector, community and Aboriginal projects.
January 21, 2013
Hydroelectric Projects - The Minister has directed the OPA to continue the Feed-in Tariff program and that, in offering contracts for hydroelectricity, to take into account that the 9,000 MW target for 2018 remains the total target for existing, new build and incremental hydroelectric projects regardless of the manner of procurement. The capacity target of 50 MW for hydroelectric projects set out in the April 5, 2012 direction is no longer set aside with the FIT Program and is replaced by this direction. The OPA is directed to procure up to 10 MW for new build distribution-connected hydroelectric projects greater than 500 kW and less than 5 MW, under a new municipal program stream for eligible municipal waterpower projects. The OPA created the Hydroelectric Contract Initiative (HCI) to implement the May 7, 2009 direction entitled “Negotiating New Contracts with Hydro-Electric Generation Facilities”. The OPA is directed to no longer commence new negotiations relating to refurbishment, upgrade or expansion of existing facilities currently holding HCI contracts. The directive indicates that the government remains committed to allocating the remaining 40 MW of the original capacity target set out in the April 5, 2012 direction and will issue a future direction for later hydroelectric procurement initiatives.
December 21, 2012
Extension of Funding Time-Period for OPA-Contracted Province-Wide CDM Initiatives under the GEA Conservation Framework – The OPA is directed by the Minister to fund CDM programs, which would meet apart from the timing requirements, the definition of the criteria OPA-Contracted Province-Wide CDM Programs contained in the April 23, 2010 Direction for an additional one-year period from January 1, 2015 to December 31, 2015. Currently contracts entered into under the April 23, 2010 Direction between the OPA and distributors are scheduled to end on December 31, 2014. The Minister states that a one-year time extension for the availability of funding would add stability and enhance continuity to the conservation activities now being undertaken by the OPA and distributors.
December 13, 2012
Addendum No. 1 – Southwest Greater Toronto Area (SWGTA) Supply – This directive amends the direction of August 18, 2008. The OPA has been directed by the Minister to assume responsibility for the Crown, including the Ministry of Energy to enter into negotiations for a definitive Clean Energy Supply Contract with TransCanada Energy Limited (TCE) with respect to a gas-fired generation facility on the lands of the Lennox Generating Station currently owned by Ontario Power Generation Inc. The contract will be consistent with the Memorandum of Understanding entered into between the Province, TCE and the OPA on September 24, 2012.
December 11, 2012
Renewable Energy Program Re-Launch – The OPA received direction from the Minister to continue the Feed-in-Tariff (FIT) program (which supplements or replaces previous provisions in directives related to the FIT program, the microFIT program and FIT Support programs dated September 24, 2009, April 5, July 11 and November 23, 2012). The purpose of the directive is to Strengthen Community and Aboriginal Participation in the FIT program by ensuring eligible applications for the Aboriginal contract capacity set-aside provided for in the November 23, 2012 direction are assessed and processes in a manner that provides an opportunity for a distribution of contracts across a broad range of First Nation and Métis communities. In that regard the Minister directs the OPA to establish an allocation process for the Aboriginal contract capacity set-aside under the Small Fit application window. The allocation process will no longer apply once all of the contract capacity set-aside has either been allocated, or there are no further applications for First Nation or Métis contract capacity set-aside. The OPA is directed to then continue to process applications for all projects, which may include Aboriginal projects based on prioritization points outlined in the July 11, 2012 direction.
July 11, 2012
Feed-In Tariff Program Launch – The OPA has been directed to continue the Feed-in Tariff (FIT) and microFIT programs developed under the September 24, 2009 direction and amended by the April 5, 2012 direction, with such amendments as are required to implement the policies set out in this direction. These policies include encouraging greater community and Aboriginal participation by prioritizing applications through a modified points system, and protecting agricultural lands by restricting the OPA from entering into FIT contracts for ground-mounted solar PV facilities located on certain classes of land. The direction prevents the OPA from entering into a FIT contract for non-hydroelectric projects where the proposed project is located 50 km or more from its proposed connection point on the existing transmission or distribution grid. The direction also provides a requirement for microFIT applicants to seek an Offer to Connect within 30 days of the OPA confirming the application is complete. As well, the direction provides for several changes to the FIT contract, including extending the voluntary withdrawal period for existing FIT contract holders to September 30, 2012. The direction also requires the OPA to design a pilot stream within the FIT program for applicants with unconstructed buildings to be able to apply for small FIT rooftop solar contracts.
April 5, 2012
The OPA is directed by the Minister to continue the FIT and microFIT programs developed under the September 24, 2009 direction with such amendments as are required to implement the policies set out in this direction. These policies include prioritizing projects in which a local community, aboriginal community or publicly-funded schools, public colleges, public universities, hospitals and publicly-owned long-term care homes have at least a 15% equity interest. The direction establishes a new price schedule to reflect current costs of developing the different types of renewable generation. The direction also provides for changes to the rules to restrict where certain types of projects may be located. The direction also provides for changes to the FIT Support Programs.
August 25, 2011
Amending the September 24, 2009 direction regarding the Aboriginal Energy Partnerships Program (AEPP) to include capacity funding for participation on transmission projects – The OPA is directed to adjust the AEPP to fund Aboriginal communities that are exploring equity positions in future and planned major transmission lines in Ontario, where the OPA has identified transmission capacity need. Up to $500,000 of total funding will be made available for each transmission line with funding preference going to Aboriginal communities where transmission lines cross traditional territory. The OPA shall develop the program criteria for this initiative and establish a reasonable timeline for the reimbursement of eligible costs incurred between November 23, 2010 and the date that this initiative is launched.
August 19, 2011
Procuring Electricity from Energy from Waste (“EFW”) facilities using technologies that have completed the Ministry of the Environment (“MOE”) Pilot or Demonstration Project (“PDP”) Initiative – This directive is designed to help facilitate the further development and commercial introduction of technologies that have fully participated in the MOE’s PDP Initiative. The Ontario Power Authority is directed to enter into negotiations with EFW projects using any of the technologies that have satisfactorily completed the PDP Initiative, to procure any net electricity produced and offered, on terms and conditions as determined by the OPA.
August 19, 2011
Constrained microFIT Projects - In order to help facilitate participation in the microFIT program by applicants who have been unable to connect their projects (“Constrained Applicants”), the Minister of Energy has directed the OPA to allow any Constrained Applicant with one project the option to relocate their project from the original location to another location in Ontario upon written notice to the OPA. The OPA is also directed to allow any Constrained Applicant with more than one project that cannot be connected (“Constrained Project”) the option to combine and relocate up to 50 Constrained Projects, having a combined nameplate generation capacity of up to 500 kW, from the original locations to any one new location in Ontario upon written notice to the OPA. Finally, the OPA is directed to allow any Constrained Applicant the option to assign any or all of their Conditional Offer(s) to another Constrained Applicant that is either an Eligible Participant or a co-operative incorporated under the Co-Operative Corporations Act (Ontario).
Le 19 août 2011 - Micro-projets du Programme de TRG visés par des contraintes
August 17, 2011*
Thunder Bay Generating Station Conversion to Natural Gas – The Minister has directed the OPA to assume responsibility of the Crown for negotiating and entering into a long-term energy supply contract (the “Agreement”) with Ontario Power Generation (OPG) for the output from two generating units at OPG’s Thunder Bay Generating Station once they are converted from coal to natural gas. The Minister has asked the Ontario Power Authority to endeavor to execute the Agreement by December 31, 2011.
*Note: This direction was revoked by a direction dated December 16, 2013.
August 2, 2011
Supporting Manufacturing Supply Chain Development – The OPA has received a directive from the Minister to allow options to Suppliers with FIT contracts which are designed to eliminate existing contractual risk, firm up financing for equipment orders and support purchase orders with Ontario manufacturers. Under this direction the OPA must allow Suppliers to elect to obtain a waiver of the OPA’s termination rights under Section 2.4(a) of the FIT contract, which currently says that until the OPA issues Notice to Proceed to the Supplier and the Supplier has provided to the OPA the Incremental NTP Security, either the OPA or the Supplier may elect to terminate the FIT Contract. For non-Capacity Allocation Exempt (CAE) solar (PV) or wind facilities, the waiver will terminate if the Supplier fails to submit a Domestic Content Plan along with evidence to demonstrate that the minimum required domestic content level will be met or exceeded, and have them reviewed for completeness and substantiation by the OPA by December 31, 2011. For CEA solar (PV) or wind facilities, the waiver will terminate if the Supplier fails to provide the OPA with a Domestic Content Plan by December 31, 2011.
July 29, 2011
Korean Consortium’s Haldimand Projects – This is further to the Minister’s April 1, 2010 direction to the OPA to negotiate power purchase agreements (PPAs) with Samsung C&T Corporation and Korea Electric Power Corporation (collectively the “Korean Consortium” or “KC”) or the project companies for each of the 5 Phases of the 2,500 MW of wind and solar generation projects that the KC agreed to develop in Ontario. The OPA was also directed to hold in reserve transmission capacity in Haldimand County for the KC or its project companies. Consistent with government objectives to develop economic opportunities for First Nations communities, the Minister has now directed to OPA to enter into PPAs with the KC or its project companies for Phase 1 wind and solar projects in the Haldimand County and, to encourage this, the government has given the Korean Consortium another year to develop an agreement with the Six Nations Elected Council. If no agreement is reached by July 31, 2012 the Korean Consortium may elect between August 1 – 31, 2012, to relocate their Phase 1 projects and to enter into new PPAs. The New PPAs will have a contract capacity of not more than 150 MW for wind and of not more than 100 MW for solar generation at the then current FIT prices, with commercial operation dates of no more than 32 months from the date the PPAs are signed by the OPA and all parties.
June 8, 2011
microFIT domestic content (amending the September 24, 2009, directive) -- The OPA is directed to allow solar microproject applicants who submitted their applications before October 8, 2010, to meet a minimum domestic content requirement of 40 percent. These applicants have the option to meet a higher domestic content requirement. All other applicants will have to meet a minimum domestic content requirement of 60 percent.
June 3, 2011
Bruce and West of London Transmission Areas – The OPA shall offer FIT contracts for up to 750 MW and 300 MW of renewable generation facilities in the Bruce and West of London transmission areas respectively, based on project priority ranking and available connection resources. The Minister has directed the OPA in making contract offers in these areas to include in its assessment those projects whose connections require upgrades to connection assets paid for by their proponents. The OPA is directed to reserve capacity for small capacity allocation exempt and microFIT projects. The OPA shall provide five business days to proponents with FIT projects on the priority ranking list in Bruce and West of London transmission areas, wishing to change their connections points within these areas.
February 17, 2011
Supply Mix Directive (replaces the Supply Mix Directives of June 13, 2006 and September 17, 2008) – The OPA is directed by the Minister of Energy to develop an integrated power system plan (“Plan”) to meet the government’s goals including the following:
Demand – the OPA shall use a medium electricity demand growth scenario of about 15% between 2010 and 2030. However, the Plan must have the flexibility to accommodate the potential for a higher growth outcome;
Conservation – the OPA shall plan to achieve a peak demand reduction target of 7,100 MW and an energy savings target of 28 TWh by The end of 2030;
Nuclear – the OPA shall continue to plan for nuclear generation to comprise about 50% of total Ontario electricity generation. The Plan shall include the refurbishment of 10,000 MW of capacity at the Bruce and Darlington nuclear generating stations as well as the procurement of two new nuclear generating units (about 2,000 MW) at Darlington;
Coal Phase-out and Potential Conversion – the OPA shall assess the conversion of some or all of the remaining coal-fired generating units at Lambton and Nanticoke to natural gas under a range of scenarios for nuclear generation and system peaking requirements;
Renewables – Hydroelectric Resources – the Plan shall provide for installed capacity to reach 9,000 MW by 2018;
Renewables Other Than Hydroelectric (Wind, Solar, Bio-energy) – the OPA shall plan for 10,700 MW of renewable energy capacity, excluding hydroelectric, by 2018;
Transmission – the OPA shall assume in preparing the Plan that the five priority transmission investment projects that it identified for system reliability, serving new load and for incorporating renewable out to 2018, shall proceed. The OPA shall also develop a plan for remote community connections beyond Pickle Lake.
February 3, 2011
Environmental Attributes – Pilot Program The OPA has been directed to proceed with a time limited (no more than eighteen months) pilot program to sell, track and audit a limited number of environmental attributes (“EAs”). The OPA owns, by virtue of its contracts, the rights to certain EAs related to renewable energy generation. The purpose of the pilot program is to help develop expertise in the capturing of the economic value associated with the EAs for the benefit of Ontario ratepayers. The OPA is directed to select a program manager to sell some of the EAs and foster the voluntary market for EAs.
December 6, 2010
Broadcasting Initiative Amendment – Procurement of Renewable Energy Advertisements – The Minister issued a directive to the OPA which amends the March 18, 2010 direction by expanding the TV advertising campaign which focused on opportunities for participation in the microFIT program. The OPA is directed to develop advertising campaigns to run through the end of 2010 and into 2011 to raise consumer awareness of clean energy opportunities enabled by the Long Term Energy Plan and through the OPA’s development of an Integrated Power System Plan.
November 26, 2010
Amendment to the Community Energy Partnerships Program (“CEPP”) portion of the September 24, 2009 directive - The OPA was directed, using a third party, to develop and deliver a CEPP that would provide grants to community groups interested in developing renewable energy generation projects in Ontario that are 10MW or less. To enhance the development of community projects in respect of co-operatives only, the OPA is further directed to provide funding of up to $500,000 for Ontario resident owned co-operatives, for projects over 10MW, but to maintain the minimum project size requirement at 10kW. The OPA is also directed to allocate no more than $500,000 annually for funding or grants to third parties, for educational outreach programs, to engage local communities and co-operatives, to develop renewable energy projects. The overall CEPP budget is not to exceed $10 million annually.
November 23, 2010
Combined Heat and Power (“CHP”) – The Minister has directed the OPA to work to procure up to a total of 1000 MW of CHP projects consisting of: a) CHP projects procured to date including those procured under the CHP I, CHP II and CHP III RFP processes; b) individually negotiated CHP contracts with projects over 20 MW; c) CHP projects, 20 MW or under, procured through a standard offer program, with procurement limited to cost effective projects located in areas of the Province where local distribution can be accommodated and there are local benefits. This direction replaces and revokes the CHP component of the Minister’s direction of June 15, 2005, the Clean Energy Supply Standard Offer Program component of the June 14, 2007 direction, and the direction dated April 10, 2008.
November 23, 2010
Negotiating New Contracts with Non-Utility Generators (“NUG Facilities”) (listed in Appendix A of the directive) – The OPA received direction from the Minister to negotiate for new contracts with the owners or operators of the non-utility generators (“NUG Parties”) where these would have cost and reliability benefits to Ontario electricity customers. The New Contracts should be structured to provide clear signals to NUG Facilities to operate in a manner that optimizes operation when power is valued highly and does not provide an incentive to operate when the output is not required, or the value of the power is low. The OPA may seek to negotiate other matters with the NUG Parties that would provide benefits to Ontario electricity customers or the Ontario electricity system.
September 17, 2010
Green Energy Investment Agreement (the “Agreement”) with the Government of Ontario and the Korean Consortium dated January 2010 – The OPA has been directed, in carrying out the Transmission Availability Tests and Economic Connection Tests under the FIT Program Rules, to hold 500 MW of transmission capacity to be made available in the Bruce area in reserve for Phase 2 projects of the Korean Consortium or its Project Companies. The transmission capacity to be made available in the Bruce area is in anticipation of the completion of the Bruce-Milton line.
August 26, 2010
Atikokan Biomass Energy Supply Agreement (“ABESA”) with Ontario Power Generation - After considering the feasibility of converting the Atikokan Generating Station from coal to biomass, OPG is now positioned to commence redevelopment work. The Minister has therefore directed the OPA to make reasonable efforts to complete the negotiation of a long-term energy supply contract and execute the ABESA with OPG by December 1, 2010. It is expected that the ABESA will provide OPG with an incentive to optimize the operation of the facility to reflect the hourly value of power to the Ontario electricity system. The terms of the ABESA should include that OPG source its long-term biomass fuel requirements from Ontario sources, and that OPG seek options to include Aboriginal communities or businesses among its suppliers. In addition, the ABESA should require OPG to undertake any Aboriginal consultation activities required by law.
July 5, 2010
CDM Program Under the GEA Conservation Framework: Low-Income Conservation Initiative - The OPA received direction from the Minister to commence the design, implementation and funding of an electricity CDM program for low-income residential consumers as part of its suite of OPA-Contracted Province-Wide CDM Programs for the 2011-2014 period. The OPA is to ensure that a component of its program targeting commercial and institutional consumers, targets multi-family buildings, including assisted and social housing. To ensure consumers benefit from a coordinated approach, the OPA is to consider the low-income energy program being developed by the OEB, which is comprised of gas conservation; customer service standards; and emergency financial assistance. In the Fall of 2010, the OPA is to report to the Minister on its recommendations and proposed implementation plan.
April 23, 2010
Conservation and Demand Management Initiatives under the GEA Conservation Framework - The OPA has received this direction to advance conservation, being one of the most cost effective means of dealing with electricity supply issues. The direction is categorized into three areas: (i) strategic co-ordination of OPA contracted province wide programs; (ii) energy efficiency and demand response programs for First Nation and Métis communities; and (iii) support and funding of CDM research and innovation.
The Board is currently working with the Ministry and the OPA to develop conservation targets and a reporting process for LDCs.
April 1, 2010
With respect to the Government’s Green Energy Investment Agreement (“GEIA”) with Samsung C&T Corporation and Korea Electric Power Corporation (collectively, the “Korean Consortium”) to develop 2500 MW of renewable energy projects in Ontario, the OPA is directed to negotiate one or more Power Purchase Agreement(s) (“PPA”) with respect to the Korean Consortium projects. The OPA is to commence negotiations on a PPA when the necessary access rights for a project have been demonstrated and upon the recommendation of the joint MEI / OPA Implementation Task Force. Each PPA shall be substantially similar to the FIT contract and rules, with necessary modifications to reflect the terms of the GEIA. The OPA is further directed to give priority to GEIA projects when assessing transmission availability.
March 18, 2010
The directive to the OPA from the Minister as amended requires the OPA to develop a TV advertising campaign to run in September 2010 to raise consumer awareness of the opportunities for greening of the electricity sector through participation in the microFIT program. The OPA is also directed to develop advertising campaigns to run through the end of 2010 and into 2011 to raise consumer awareness of clean energy opportunities enabled by the Long Term Energy Plan and through the OPA’s development of an Integrated Power System Plan.
March 4, 2010
Industrial Transmission Connected Electricity Efficiency Program – The Minister issued a directive to the OPA to create and deliver an industrial energy efficiency program. The program’s objective is to achieve cost-effective conservation through industrial process improvements that bring energy efficiency gains. The program will be part of the OPA’s efforts towards assisting the Province with achieving its aggressive conservation targets, by providing incentives to industrial consumers directly connected to the IESO-controlled grid, to invest in energy efficiency and conservation, as well as by increasing industrial facilities’ own investments. Industrial consumers will have a five year period within which to elect to participate in the program.
January 6, 2010
To help support the general adequacy of Ontario’s electricity system, the Minister has directed the OPA to move expeditiously to negotiate and execute a New Contract with Ontario Power Generation (OPG) with respect to OPG’s Lennox Generating Station (Lennox GS). This contract is necessary in light of the expiry on September 30, 2009 of the most recent Reliability Must Run (RMR) contract between OPG and the IESO with respect to Lennox. Lennox GS is a 2140 MW dual-fuelled generating station owned and operated by OPG near Kingston, Ontario.
December 8, 2009
Supplementary Initiative to July 13, 2006 Direction re Coordination and Funding of LDC activities to deliver Conservation and Demand-Side Management Programs – the OPA is directed to increase funding for LDC CDM activities by $50 million and extend the timeframe for available funding under the existing CDM Direction to December 31, 2010.
September 30, 2009
Transmission Availability Test Under FIT Program Rules - The government is exploring opportunities to further enable new green industries through new investment and job creation. The OPA is directed to hold in reserve 240 MW of transmission capacity in Haldimand County and a total of 260 MW of transmission capacity in Essex County and the Municipality of Chatham-Kent jointly for renewable energy generating facilities whose proponents have signed a province-wide framework agreement with the Province.
September 24, 2009
The OPA is directed to develop a feed-in tariff (“FIT”) program that is designed to procure energy from a wide range of renewable energy sources. The development of this program is a key element of meeting the objectives of the Green Energy and Green Economy Act, 2009 (the “Green Energy Act”) and is critical to Ontario’s success in becoming a leading renewable energy jurisdiction.
May 7, 2009
Negotiating New Contracts with Hydro-Electric Generation Facilities - The OPA is directed to enter into new contracts for hydroelectric facilities which are connected to the IESO-controlled grid but not currently owned by OPG. The hydroelectric facilities must not have been previously considered under any renewables RFP, and may have either no contract, or a current contract with a Provincial government body or agency, for any part of the generation output. New contracts for generation facilities without a current contract are to be concluded by August 15, 2009. A new contract for a facility with a current contract will commence after the current contract expires.
January 23, 2009
Biogas Projects and Renewable Energy Standard Offer (RESOP) - The OPA is directed to contract with new biogas electricity generation projects that meet conditions under the current RESOP except that the facilities need not be restricted to farm-based projects, and that their capacity may be above 250kW but no greater that 5MW.
December 24, 2008
Negotiating New Contracts with Early Movers Generation Facilities – The OPA is directed to negotiate new contracts with the owners or operators of the facilities that were listed in the direction on early movers dated December 14, 2005. The new contracts are to expire no later than December 31, 2026 and are to reflect a reasonable cost to Ontario electricity customers and a reasonable balancing of risk and reward.
December 22, 2008
Broadcasting Initiative – Procurement for Energy Conservation Advertisements – As part of the Ministry’s education campaign aimed at advancing public awareness of energy conservation, the OPA is directed to procure advertising space for the broadcasting/publishing of Winter Ads in Ontario. The Ads are to be completed by the last week of March, 2009.
December 19, 2008
Procuring Electricity from a Commercial Durham and York Region Energy from Waste (“EFW”) Facility – The Minister has directed the OPA to contract at a price of 8 cents per kilowatt-hour to procure electricity from the proposed commercial EFW facility being developed by the Regional Municipalities of Durham and York. The production of electricity from this facility will be ancillary to the primary purpose of the facility which is to reduce the need for land filing by the thermal treatment of residual wastes.
September 17, 2008*
This Directive amends the Supply Mix Directive dated June 13, 2006. It requires the OPA to revisit the IPSP with a view to establishing new targets in a number of areas including with respect to renewable energy sources and conservation. The Directive also asks the OPA to undertake an enhanced process of consultation with First Nations and Métis communities in light of potential duty to consult obligations. The OPA is to provide the revised IPSP to the OEB within six months.
*Note: This direction was revoked by a a directive dated February 17, 2011.
August 18, 2008
Southwest Greater Toronto Area (GTA) Supply – The Minister has directed the OPA to complete a procurement process by the end of June 2009 for a combined-cycle natural gas-fired electricity generation facility for generating up to approximately 850 MW. The new generation facility will address local area supply inadequacy issues in the Southwest GTA and is to be in-service by no later than December 31, 2013 to support the province’s goal to replace coal-fired generation by 2014.
May 1, 2008
Broadcasting Initiative – Procurement for Energy Conservation Advertisements – As part of the Ministry’s education campaign aimed at advancing public awareness on energy conservation, the OPA is directed to procure advertising space for the broadcasting/publishing of Summers Ads in Ontario. The goal is to have the Ads timed to run so that they are completed by the second week of August, 2008.
April 10, 2008*
Procurement for Electricity From Combined Heat and Power (CHP) Renewable Co-generation Projects – The OPA is directed to develop and launch a procurement process by no later than June 30, 2008 to result in contracts for about 100 MW with proponents of renewable energy projects deriving their energy source from CHP. Such contracts are to be entered into no later than December 31, 2008.
*Note: This direction was revoked by a directive dated November 23, 2010.
March 12, 2008
Broadcasting Initiative - Procurement for Energy Conservation Advertisements - The Ministry has launched a major consumer education campaign on CDM particularly targeting the residential sector. The OPA is directed to assume responsibility for the initiative with respect to the procurement of advertising space for the broadcasting and publishing of certain advertisements. This activity is expected to cost approximately $4 million.
February 25, 2008
Procuring Electricity From Energy From Waste ("EFW") Pilot or Demonstration Projects ("PDPs") - The Ministry of the Environment has developed an initiative to test and evaluate EFW technologies. The goal of this initiative is to encourage the development of new or improved EFW technologies with improved environmental performance. The Minister of Energy has directed the OPA to negotiate with the proponents of any pilot or demonstration EFW project participating in the initiative to procure any net electricity produced and offered from such project during the time that it is participating in the initiative.
January 31, 2008
Procuring Approximately 350 MW of New Gas-Fired Electricity Generation for Northern York Region - The letter from the Minister directs the OPA to develop local area generation to address supply inadequacy issues in the Northern York Region. The OPA is therefore directed to competitively procure a simple (single)-cycle gas-fired electricity generation facility with a rated generation capacity of approximately 350 MW and not more than 400 MW. The facility is expected to be in-service by no later than December 31, 2011 and should be in the vicinity of the 230 kV transmission lines supplying the Armitage and Holland transformer stations.
December 20, 2007
Hydroelectric Energy Supply Agreements with Ontario Power Generation Inc. - Letter from the Ministry to further the renewable energy capacity in Ontario by 2025 by directing the OPA to assume the responsibility of negotiating with OPG a number of contracts respecting hydroelectric projects located at the following OPG hydroelectric station sites: 1. LAC Seul; 2. Upper Mattagami; 3. Healey Falls; 4. Lower Mattagami; and 5. Hound Chute.
August 27, 2007
Procurement of up to 2,000 MW of Renewable Energy Supply - Directive based on potential identified by OPA for up to 2,000 MW of new renewable generation projects that are greater than 10 MW in size to come into service by 2015. The OPA is further directed to ensure that appropriate consultation with First Nations and Métis peoples takes place with respect to projects procured by the OPA under this directive.
June 14, 2007*
Clean Energy and Waterpower in Northern Ontario Standard Offer - to expand the SOP initiative in the areas of clean energy supply and small, transmission-connected waterpower projects in northern Ontario; and to have these parts of the SOP in place by the fall of 2007. It is expected that the OPA will enter into contracts with small generators to implement these parts of the SOP.
*Note: The Clean Energy Supply Standard Offer Program component revoked by a directive dated November 23, 2010.
July 13, 2006
Coordination and Funding of LDC activities to deliver CDM Programs - Immediately organizing the delivery and funding of CDM programs through LDCs in Ontario. Funding limited to $400 million over three consecutive years.
June 13, 2006*
Integrated Power System Plan - OPA to create IPSP to meet DR from conservation by 6,300 MW by 2025. Plan should reduce projected peak demand by 1,350 MW by 2010, and by another 3,600 MW by 2025. The reductions of 1,350 MW and 3,600 MW are to be in addition to the 1,350 MW reduction set by the government as a target for 2007.
*Note: This direction was revoked by a directive dated February 17, 2011.
March 21, 2006
Standard Offer Program - directing OPA to have the Program in place by the fall of 2006, and as a consequence enter into contracts with small renewable generators to implement the Program.
March 16, 2006*
Contract with OPGI regarding Thunder Bay Generating Station (Coal to Gas Conversion Project) – the OPA received a directive from the Minister of Energy in order to fulfill the Government's Initiative to procure electricity capacity while addressing the Government's requirement that Ontario Power Generation Inc. (OPGI) convert its Thunder Bay Generation Facility from a generation facility fuelled by coal to a generation facility fuelled by natural gas, while ensuring that the reliability requirements which are set by the IESO for Thunder Bay and Northwestern Ontario are met. The OPA is therefore directed to assume responsibility for the Crown’s Initiative and continue negotiations with OPGI, with the view to concluding and executing a term sheet followed by a contract as soon as possible.
*Note: This direction was revoked by a direction dated December 16, 2013.
March 10, 2006
Conservation and DSM Initiatives (Residential Sector) - Directing OPA to assume responsibility for this initiative and implement by fall of 2007 reducing demand in residential sector by 150 MW.
March 10, 2006
Conservation and DSM Initiatives Commercial Buildings and MUSH Sector - Directing OPA to assume responsibility for this expanded initiative and implement by fall of 2007 reducing demand in commercial buildings and MUSH sector by 150 MW.
February 10, 2006
Toronto Reliability Supply and Conservation Initiative - with respect to 2,500 MW RFP and priority zones 1) Leaside Sector by summer 2008; PEC contract by May 2006; OPA to seek 300 MW of DSM or DR in Toronto by 2010.
February 9, 2006
Procurement Processes - Addendum #1 to Procurement Processes Directive of June 15, 2005 (to be consolidated as part of the original directive).
December 14, 2005
Early Movers - Negotiate and Conclude Contracts with Certain Generation Facilities - replaces June 15, 2005 directive - "Early Movers".
November 16, 2005
RES II RFP - Contracts relating to the RFP for 1,000 MW of Renewable Energy Supply Projects with a Contract Capacity of between 20 MW and 200 MW, inclusive, issued by the MOE on June 17, 2005, as amended (the "RES II" RFP). The OPA is directed to enter into contracts with the nine suppliers who were selected pursuant to the RES II RFP and listed in the directive.
November 7, 2005
RES I RFP - MOE directing the OPA to assume, by November 10, 2005 responsibility for all contracts previously the responsibility of the OEFC (Buyer) as agent of the Crown, that were from its June 24, 2004 RFP to procure 300 MW of new electricity supply.
October 20, 2005
GTA West Supply Initiative - Goreway Station Project - immediately execute an Implementation Agreement with project proponent re costs that must be incurred if in service is summer of 2007; negotiate contract by December 31, 2005.
October 20, 2005
CDM Initiatives (Appliance Change-Out and Efficient Lighting Initiatives) - to reduce overall electricity consumption and demand by residential, commercial, and industrial customers.
October 14, 2005
Contracts for the Refurbishment of Bruce A at the Bruce Nuclear Facility Generating Station - Deliver to counterparties on October 17, 2005, the Bruce Power Refurbishment Agreement and the Refinancing Agreement.
October 6, 2005
CDM Initiatives (Residents of Low-Income and Social Housing) - to reduce overall electricity energy consumption and demand for low-income and social housing.
June 15, 2005*
Procurement Processes - Immediate Launch of Procurement Processes to address needs in Downtown Toronto and Western Greater Toronto Area, and to develop additional Demand Management, Demand Response, and High Efficiency Combined Heat and Power Supply.
*Note: This direction was revoked by a direction dated November 23, 2010.
June 15, 2005
"Early Movers" - Negotiate and Conclude Contracts with Certain Generation Facilities.
March 24, 2005
2,500 MW RFP - Execution and delivery of CES contracts and a DR contract in accordance with the terms of the 2 500 MW RFP.