Aggregate Approach Applied By OEB To Determine Meaning Of "Consumer" Under ECPA

The Ontario Energy Board (OEB) recently ruled that the Energy Consumer Protection Act, 2010, (the Act) allows a retailer to aggregate a customer's consumption at multiple locations for the purpose of determining whether or not that customer is exempt from certain requirements under the Act.

In the recent OEB case (EB-2017-0022/EB-2017-0223), the OEB Enforcement Team alleged that Active Energy Inc. (Active) failed to comply with provisions under the Act, the General Regulations under the Act and the OEB's Electricity Retailer Code of Conduct. In its decision, the Board referred to these collectively as the "Consumer Protection Regime."

The allegations centered on the classification of customers as either "consumers" or "low volume consumers." Under the Act, a "consumer" is a customer who uses more than 150,000 kWh per year. Conversely, a "low volume consumer" is a customer who uses less than 150,000 kWh per year. Most of the provisions under the Consumer Protection