TERMS OF REFERENCE OEB REGULATORY AFFAIRS STANDING COMMITTEE AND INDUSTRY AFFAIRS STANDING COMMITTEE Background The OEB is establishing two standing committees that can be called upon to provide early advice to Executive Management on matters related to policy development and implementation in the respective areas of regulatory affairs and industry operations: The Regulatory Affairs Standing Committee (RASC) will provide advice, input and feedback regarding matters such as Rules of Practice and Procedure and related practice directions, Filing Requirements, Guidelines, operational policies and other matters relating to the OEB s applications processes. It will further provide early perspectives and advice on any matters within the purview of the executive management sponsor, Vice-President, Applications. The Industry Affairs Standing Committee (IASC) will provide advice, input and feedback on issues relating to codes, rules and related matters, including effectiveness, implementation, and improvements. It will further provide early perspectives and advice on any matters within the purview of the executive management sponsor, Vice- President, Industry Operations and Performance. Each Standing Committee will consist of OEB-recognized experts derived from a nominations process. The Committees represent one of a number of advisory mechanisms available to help inform the OEB s thinking as it continues to formulate regulatory policy at different levels. This is an opportunity for applicants and stakeholders to provide direct input to the OEB at an early stage of development of policies and processes. Executive Accountability and Administration The RASC and IASC will each be supported and chaired, respectively, by the Vice- President Applications and the Vice-President Industry Operations and Performance. Composition The maximum number of individuals named to each Standing Committee will not exceed 10. Individuals are to be nominated per the process outlined below. Once 1
selected and when called on to participate in either a meeting or tele/web-conference, a member may not substitute a delegate for attendance. The committee will include membership from both the natural gas and electricity sectors. Term Individuals nominated and selected to be named to either the RASC or IASC will remain on the list for a period of 2 years after their appointment They may be renominated after this period as long as they continue to meet the qualifications specified in this Terms of Reference and be considered through the OEB s selection process for an additional term on the Standing Committee in which they previously participated. The OEB may at any time remove an individual s name and membership from a Standing Committee if that individual is deemed to no longer meet all the necessary qualifications due to factors such as a change of employment that impacts the mix of representation on the committee. Once named, any individual may withdraw their membership on the Standing Committee prior to the completion of their term, by writing to the OEB requesting such. Duties of Standing Committee Members The duties of members are solely advisory. When notified and invited to participate in a meeting/teleconference/web conference a member must respond within a reasonable timeframe by email to the invitation to participate, and make diligent effort to be available. Given the committee will discuss issues within both the natural gas and electricity sectors, it is understood that some issues will be more relevant to certain members. Other duties include: Review the agenda and meeting materials prior to each meeting, giving thought to any questions that may be posed in the materials so that productive dialogue may follow; Identify and provide their technical assessment and perspectives as related to those constituencies they may typically represent; A capability for sharing expert views that advance mutual understanding of technical assessments and outcomes without advocating for specific groups or interests; and To understand that views shared by individuals participating in discussions (including representatives of the OEB) do not represent official positions of the 2
organizations with whom they may be affiliated, and that comments are provided solely for the purpose of enhancing group awareness and understanding of the issues being discussed. Qualifications Due to the policy-specific and technical nature of the advice sought, qualifications of members are focused on demonstration of expertise in the regulated electricity and natural gas sector in Ontario. The list of specific qualifications for each Standing Committee follows. Qualifications for consideration as a member of the RASC: Highly knowledgeable in the regulation of natural gas and electricity rates including the Rules of Practice and Procedure and related practice directions, Filing Requirements, Guidelines, operational policies and other matters relating to the OEB s applications processes in Ontario; Has actively participated within the past 2 years in an OEB regulatory process: o As an applicant seeking OEB approval for a rates, facilities or asset sale/ purchase application; or o As a stakeholder with an active interest in a specific proceeding of the OEB; or o As an expert consultant in support of an applicant or client with an interest in a proceeding and has filed materials in such cases; or o As an applicant, stakeholder or expert consultant with specific expertise in operational policies. Demonstrated experience in one or more of the following: o Held management level accountability and responsibility for managing an application submitted to the OEB within the past 3 years; o Provided expert support to a stakeholder client including an intervenor organization or an entity whose business is regulated by the OEB; and/or o Participated in an OEB regulatory proceeding as a qualified expert witness. Qualifications for consideration as a member of the IASC: Highly knowledgeable in the regulation of natural gas and electricity operations in Ontario, regulatory interfaces with Federal and North American authorities, and understanding of the interplay between the regulatory environment and the market with a focus on helping identify issues of implementation and effectiveness of codes and rules; 3
High level of operational understanding in the demand, supply and delivery of natural gas and electricity from generation to customers; The above general qualifications would typically be expected to be gained in some of the following roles: o Has actively participated within the past 2 years in an OEB regulatory process As an applicant seeking OEB approval for a rates application, license amendment; or As a stakeholder with an active interest in a specific proceeding of the OEB; or As an expert consultant in support of an applicant or client with an interest in a proceeding and has filed materials in such cases. o Demonstrated experience in one or more of the following: Held management level accountability and responsibility for the operational aspects of a OEB-regulated utility; Provided expert support on operating matters to a stakeholder client; and/or Participated in an OEB regulatory proceeding as a qualified expert witness on operational matters. Nomination Process Members will be selected as the result of a nomination process. Nomination forms will be attached to a call by the OEB for nominees to each of the Regulatory Affairs Standing Committee and the Industry Affairs Standing Committee. Meeting Frequency and Preparation Each Standing Committee will meet in person a minimum of two to three times each year. Should an ad hoc or urgent need arise, any member of the Executive Management ( Meeting Sponsor ) may call to convene a Standing Committee or subgroup of committee members by meeting/teleconference/web conference at any time. The meeting process will be initiated through the distribution of an email invitation to all members of the relevant Standing Committee stating the purpose of the gathering. The invitation will be sent with reasonable notice so as to facilitate scheduling, indicating a proposed date and time, and allow for members to reply as to their availability. The agenda and supporting materials (if any) are to be provided to participants at least 1 week prior to the scheduled meeting. The respective Standing Committee Chair (either the Vice President Applications for the RASC, or the Vice President Industry 4
Operations and Performance for the IASC) will provide the role of Moderator of that meeting. If a meeting is called by another of the OEB s Executive Management outside of the normal cycle of quarterly in-person meetings, the Executive that initiated the specific meeting will provide the role of Moderator of that meeting. Reporting Written notes from each meeting held (whether it be attended in-person, by teleconference, or web-enabled) will be prepared and shared with meeting participants to review for accuracy. Once such notes are reviewed and approved by meeting participants as a reasonably accurate reflection of discussions, the notes will be distributed to all members of the appropriate Standing Committee for their review and comment. The OEB expects the notes to be posted on its website unless in rare circumstances an issue is pre-determined to be confidential. Annual Review A review of the efficacy of each of the RASC and the IASC, its composition of members, and meeting notification process will be performed on an annual basis. Participant Costs The Board will reimburse Standing Committee members only for travel costs (in accordance with the government s Business Travel, Meals and Hospitality Expense Directive) in respect of in-person meetings. http://www.mgs.gov.on.ca/stdprodconsume/groups/content/@mgs/@home/documents/ resourcelist/276507.pdf 5