CITY OF EDMONTON BYLAW DEFERRAL RIDER BYLAW (CONSOLIDATED ON MARCH 20, 2001)

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CITY OF EDMONTON BYLAW 12372 2000 DEFERRAL RIDER BYLAW (CONSOLIDATED ON MARCH 20, 2001)

CITY OF EDMONTON BYLAW 12372 2000 DEFERRAL RIDER BYLAW Whereas, pursuant to Section 3 of the Municipal Government Act, S.A. 1994 c. M26.1, the purposes of a municipality are to provide services, facilities and other things that are necessary or desirable for all or part of a municipality; And Whereas the EPCOR Rates Procedures Bylaw 12294, section 6, requires EPCOR to provide the City Manager with a Rates Report, including a bylaw, at such time as EPCOR seeks to set or amend Rates; Edmonton City Council enacts: PART I - PURPOSE, DEFINITIONS AND INTERPRETATION PURPOSE 1 The purpose of this bylaw is to approve the imposition of the 2000 Deferral Rider. DEFINITIONS 2 In this bylaw, unless the context otherwise requires: (a) (b) (b.1) Distribution means EPCOR Distribution Inc.; AEUB means the Alberta Energy and Utilities Board; AEUB Opinion means the formal written report or order arising from review contemplated by section 3 of O.C. 458/2000, the Deferral Accounts Deficiency Correction Regulation; and (S.2(a), Bylaw 12541, March 20, 2001) (c) (d) Distribution Deferral Account means a Deferral Account established by Distribution substantially similar to that set out in AEUB Decision U99099, Section 3.c., Distribution Deferral Accounts, as amended from time to time, and any other deferral amounts of similar nature; 2000 Deferral Rider means the rates calculated in

accordance with paragraph 6(2) herein; (e) (f) 2001 Deferral Rider means the rates calculated in accordance with Paragraph 7(1); Regulated Deferral Rider means the rates calculated in accordance with Paragraph 7(3). (S.2(b), Bylaw 12541, March 20, 2001) RULES FOR INTERPRETATION 3 The marginal notes and headings in this bylaw are for reference purposes only. PART II - GENERAL ESTABLISHMENT OF DISTRIBUTION DEFERRAL ACCOUNT PROCEDURE FOR CALCULATION OF ACCOUNT 4 Distribution is authorised to establish the Distribution Deferral Account for recovery from its customers. 5 The balance in the Distribution Deferral Account will be calculated in general consistency with the calculations specified for an AEUB regulated Distribution Deferral Account.

PROCEDURE FOR CALCULATION OF 2000 RIDER 6 Prior to collection of any amount in the Distribution Deferral Account during the year 2000, Distribution must: (1) calculate and forecast the Distribution Deferral Account balance, at December 31, 2000, subject to the provision that Distribution may at its discretion reduce the amount so calculated; and (2) calculate a 2000 Deferral Rider that is: (a) generally consistent with the computational methods contemplated in the Distribution Deferral Account; (b) sufficient to collect the sum of $ 10,000,000 for Distribution Deferral Account recoveries; and (3) commence the collection of the 2000 Deferral Rider from Distribution customers on the 1st day of August, 2000. PROCEDURE FOR CALCULATION OF 2001 RIDER 7 To collect any amount remaining in the Distribution Deferral Account, EPCOR Distribution must: (S.3(a), Bylaw 12541, March 20, 2001) (1) By November 1, 2000, (i ) calculate and forecast the Distribution Deferral Account balance at December 31, 2000, subject to the provision that Distribution may at its discretion reduce the amount so calculated; and (ii) calculate a 2001 Deferral Rider that is: (a) generally consistent with the computational methods contemplated in the Distribution Deferral Account; and (b) sufficient to collect the forecast outstanding balance in the Distribution Deferral Account during the year 2001; and (iii) file the 2001 Deferral Rider with the City Clerk; (2) The collection of the 2001 Deferral Rider is suspended in accordance with O.C. 458/2000, the Deferral Accounts Deficiency Correction Regulation; (S.3(b), Bylaw 12451, March 20, 2001) (3) By March 31, 2001,

(i) (ii) calculate the Distribution Deferral Account balance, as at December 31, 2000, subject to the provision that Distribution may at its discretion reduce the amount so calculated; and calculate a Regulated Deferral Rider that is: S.3(c), Bylaw 12541, March 20, 2001) (a) generally consistent with the computational methods contemplated in the Distribution Deferral Account, and (b) sufficient to collect the balance outstanding in the Distribution Deferral Account during the period prescribed being January 1, 2002 to December 31, 2004; and (S.3(d), Bylaw 12451, Mach 20, 2001) (iii) file the Regulated Deferral Rider with the City Manager; (S.3(e), Bylaw 12541, Mach 20, 2001) (4) commence calculation of the Revised 2001 Regulated Deferral Rider from customers on January 1, 2002. S.3(f), Bylaw 12541, March 20, 2001) 7.1 At a time specified by the AEUB, EPCOR Distribution shall apply to AEUB for a review of its deferral accounts in accordance with the Deferral Accounts Deficiency Correction Regulation. 7.2 EPCOR Distribution shall reduce the amount remaining in the Distribution Deferral Account by any amount paid to EPCOR Distribution by the balancing pool administrator pursuant to section 4 of the Deferral Accounts Deficiency Correction Regulation. 7.3(1) After completion of the review referred to in section 3 of the Deferral Accounts Deficiency Correction Regulation, EPCOR Distribution shall within 15 days of receipt of any opinion rendered by the AEUB in relation to the Distribution Deferral Account, or Regulated Deferral Rider, file with the City Manager: (a) the AEUB Opinion, and (b) particulars of revisions to the Regulated Rate Rider calculated in accordance with subsection 7(3)(ii), if any. (2) the City Manager shall within 30 days of receipt of EPCOR

Distribution s filing, instruct EPCOR Distribution to: (a) (b) file a Rates Notice in accordance with Bylaw 12294, Epcor rates Procedures Bylaw, if in the opinion of the City Manager a review of the Distribution Deferral Account is required, or commence collection of the Regulated Deferral Rider from customers. (S.4, Bylaw 12541, March 20, 2001) AUDIT OF ACCOUNT 8 EPCOR Distribution will ensure that all account transactions are reasonably reported in accordance with generally accepted accounting principles. (S.5, Bylaw 12541, March 20, 2001) INCORPORATION INTO DISTRIBUTION TARIFF 9 Effective January 1, 2001, this Bylaw forms part of the Distribution Tariff of EPCOR Distribution.

(NOTE: Consolidation made under Section 69 of the Municipal Government Act, S.A. 1994, c. M-26.1 and Bylaw No. 12005, and printed under the City Manager s authority.) Changes to Bylaw 12372, passed by Council March 20, 2001, per: Bylaw 12541 - March 20, 2001