Settled Sample Clauses

Settled. The Parties sign a written Settlement Agreement;

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Settled. There is an agreement to settle this issue as follows. As indicated in H1-1-1, OPG made entries for 2011 and 2012 in a total of 19 approved deferral and variance accounts in accordance with applicable OEB decisions and orders. In its Application, OPG has requested approval to clear the audited December 31, 2012 balances in all but three of its deferral and variance accounts. The three excluded accounts are the Hydroelectric Incentive Mechanism Variance Account and the Hydroelectric Surplus Baseload Generation Variance Account as well as the hydroelectric portion of, and an amount related to a Darlington refurbishment capital cost variance included in, the Capacity Refurbishment Variance Account (the “Excluded Accounts”). The nature of the amounts recorded in each of OPG’s deferral and variance accounts is described in H1-1-1 and H2-2-1. As part of clearing the account balances, OPG has sought to recover interest that has been recorded using the generic rate of interest for deferral and variance accounts prescribed by the Board for each of the accounts as described in H1-1-1. The audited actual year-end 2012 balances in all accounts of $1,274.4M are shown in H1-1-2 and are the sum of the items in line 11, Column (a) of Tables 16 and 17 in Attachment 1 of $113.8M and $1,160.6M respectively. The Parties agree that the nature or type of amounts recorded in the deferral and variance accounts as at December 31, 2012 other than the Excluded Accounts, as proposed by OPG, are appropriate subject to the following:  Nuclear Liability Deferral Account - For purposes of this settlement, the Parties agreed to the removal of $1.8M13 of interest accrued on the debit balance of the account during 2011 and 2012. Therefore, the Parties accept a balance of $206.2M in the account as of December 31, 2012. In addition, the Parties agree that this account should not attract interest for the period after December 31, 2012. The Intervenors did not review the new ONFA Reference Plan, but for the purposes of settlement, assume that the amounts recorded in the account by OPG accurately reflect the total impact arising from the changes to the Reference Plan as described by OPG in its evidence in this proceeding.  Xxxxx Xxxxx Net Revenues Variance Account - For purposes of this settlement, the Parties agreed to the removal of $5.5M14 of interest accrued on the debit balance of the account during 2011 and 2012, accepting a balance in the account as of December 31, 2012 of 13 See Attach...

Settled. There is an agreement to settle this issue as follows. OPG filed an update to its Application on February 8, 2013. Included in the update was H1-1-2 Table 1, which provides the audited actual balances for the deferral and variance accounts as at December 31, 2012. These amounts were replicated in Column (a) of H1-1-2 Table 16 and Table 17 for regulated hydroelectric and nuclear, respectively. Overall, the total audited actual December 31, 2012 balances for all of OPG’s accounts are debit balances of $113.8M for regulated hydroelectric and $1,160.6M for nuclear. H1-1-2 Table 16 and 17 is attached to this Settlement Agreement as part of Attachment No. 1. Taking into account the Excluded Accounts, the total audited actual December 31, 2012 balances for recovery proposed in this Application are debit balances of $110.9M for regulated hydroelectric and $1,159.2M for nuclear as set out in column (b) of H1-1-2 Tables 16 and 17, respectively, in Attachment 1. Taking into account both the Excluded Accounts and the interest adjustments set out in Section 1, and other adjustments and advances set out elsewhere in this Settlement Agreement, the total audited actual December 31, 2012 balances for recovery in this Application by OPG are debit balances of $111.0M for regulated hydroelectric and $947.3M for nuclear as set out in column

Settled. There is an agreement to settle this issue as follows. In its Application, OPG proposed to clear the audited actual December 31, 2012 balances in the regulated hydroelectric deferral and variance accounts on a straight line basis with the Pension and OPEB Cost Variance Account balance being amortized over a 48-month period from January 1, 2013 to December 31, 2016 and all other account balances being amortized over a 24- month period from January 1, 2013 to December 31, 2014. OPG also proposed to clear the audited actual December 31, 2012 balances in the nuclear deferral and variance accounts on a straight line basis with the balances of the Pension and OPEB Cost Variance Account and the Xxxxx Lease Net Revenues Variance Account being amortized over a 48-month period from January 1, 2013 to December 31, 2016 and all other account balances being amortized over a 24- month period from January 1, 2013 to December 31, 2014. As set out in H1-1-2 Table 16 of Attachment No. 1 of this Settlement Agreement, the total proposed amortization amount for regulated hydroelectric is $103.3M over the 24-month period from January 1, 2013 to December 31, 2014. The resulting 24-month amortization amount is proposed to be divided by the EB-2010-0008 approved test period regulated hydroelectric production forecast to calculate the payment amount rider. Based on this methodology, OPG was seeking a payment rider of $2.60/MWh for 2013 and 2014 in respect of regulated hydroelectric production, effective January 1, 2013. As set out in H1-1-2 Table 17 of Attachment No. 1 of this Settlement Agreement, the total proposed amortization amount for nuclear was $849.4M over the 24-month period from January 1, 2013 to December 31, 2014. The resulting total amortization amount is proposed to be divided by the EB-2010-0008 approved test period nuclear production forecast to calculate the payment amount rider. Based on this methodology, OPG was seeking a payment rider of $8.34/MWh for 2013 and 2014 in respect of nuclear production, effective January1, 2013.

Settled. There is an agreement to settle this issue as follows. The Pension and OPEB Cost Variance Account has a specified end date of December 31, 2012. In its Decision and Procedural Order No. 1 dated November 6, 2012, the OEB granted interim authority to continue posting entries into this account from January 1, 2013 until such date as will be determined in the Board’s final order in the current proceeding. In addition to such interim authority, as described in section 4.0 of H2-1-3, OPG has requested authorization to continue recording entries in the Pension and OPEB Cost Variance Account until the effective date of OPG’s next payment amounts order. The Parties agree that the Pension and OPEB Cost Variance Account will be ongoing without a prescribed end date. Recovery of amounts accumulated in this account starting in 2013 (excluding interest related to the 2/12ths portion of the December 31, 2012 balance discussed in Section 3 above) will be as per Section 3 of this Settlement Agreement. For purposes of settlement, the Parties agree that OPG will not record interest charges on the outstanding balance in 2013 and 2014 (except for the 2/12ths portion as described in Section 3 above). The Parties agree that OPG will include, in the first applicable payment amounts proceeding initiated for a period after 2014, consideration of whether this account should include interest commencing in 2015. Subject to the Board’s decision in that proceeding, OPG will provisionally resume recording interest charges effective January 1, 2015 on the entire balance remaining in the account at that time, without prejudice to intervenors arguing against the recording of interest charges at any time after 2014 in that future proceeding. For greater clarity, additions to the ongoing variance account, including those for income tax impacts, will continue to be calculated and recorded in a manner consistent with that used for 2011 and 2012. Actual pension and OPEB costs for the purposes of the variance account will be calculated using the same accounting standards as those used to derive the forecast of such costs included in the payment amounts then in effect. While the EB-2010-0008 payment amounts (excluding riders) remain in effect, actual costs will be calculated in accordance with Canadian GAAP until new payment amounts are established on the basis of USGAAP, at which time USGAAP will become the basis of calculating the corresponding costs.34 34 For details on accounting treatment, pl...

Settled. There is an agreement to settle this issue as follows. As indicated in H1-1-1 (pp. 1-2), the Xxxxxxxxx A Return to Service Deferral Account was terminated on December 31, 2011 and each of the Hydroelectric Interim Period Shortfall (Rider D) Variance Account, the Transmission Outages and Restrictions Variance Account, the Nuclear Fuel Cost Variance Account and the Nuclear Interim Period Shortfall (Rider B) Variance Account were terminated on December 31, 2012, in accordance with the Board’s EB-2010-0008 order. In addition to the Pension and OPEB Cost Variance Account continued as agreed in Section 4 above and unless expressly stated otherwise in this agreement, the Parties agree that the continuation of all other deferral and variance accounts as outlined in OPG’s application at H1-3- 1 is appropriate. Approval Parties in Support: VECC, SEC, CCC, Xxxxxx Xxxxx, AMPCO, CME, PWU Parties Taking No Position: N/A Evidence The evidence in relation to this issue includes the following: H1-1-1 Overview of Deferral and Variance Accounts H1-3-1 Continuation of Deferral and Variance Accounts L-5-2 AMPCO-17 AMPCO IR #17 L-5-4 CCC-09 CCC IR #9 C. USGAAP FOR REGULATORY PURPOSES

Settled. There is an agreement to settle this issue as follows. For the purposes of reaching a settlement, the Parties agree that OPG’s adoption of USGAAP for regulatory accounting, reporting and rate-making purposes effective January 1, 2012 is appropriate. Approval Parties in Support: VECC, SEC, CCC, Xxxxxx Xxxxx, AMPCO, CME, PWU Parties Taking No Position: N/A Evidence The evidence in relation to this issue includes the following: A3-1-2 Approval to Use USGAAP H1-1-1, 4.6 Overview of Deferral and Variance Accounts - Impact for USGAAP Deferral Account H1-1-1, Table 6 Impact for USGAAP Deferral Account H1-1-2, 3.1.2 Update for Audited Actual Balances for Deferral and Variance Accounts and Other Information - Impact for USGAAP Deferral Account H1-1-2, Table 6 Impact for USGAAP Deferral Account L-6-1 Staff-31 Board Staff IR #31 L-6-1 Staff-32 Board Staff IR #32 L-6-1 Staff-33 Board Staff IR #33 L-6-1 Staff-34 Board Staff IR #34 L-6-1 Staff-35 Board Staff IR #35 L-6-1 Staff-36 Board Staff IR #36 L-6-1 Staff-37 Board Staff IR #37 L-6-1 Staff-38 Board Staff IR #38 L-6-1 Staff-39 Board Staff IR #39 L-6-1 Staff-40 Board Staff IR #40 L-6-1 Staff-41 Board Staff IR #41 L-6-1 Staff-42 Board Staff IR #42 L-6-1 Staff-43 Board Staff IR #43 L-6-2 AMPCO-18 AMPCO IR #18 L-6-5 EP-04 EP IR #4

Settled. There is an agreement to settle this issue as follows. The implications of the transition to USGAAP on OPG’s regulatory accounting are set out by OPG in A3-1-2, which describes how OPG’s regulatory accounting would be affected in the areas of (a) long term disability (“LTD”) benefit plan costs, (b) Scientific Research and Experimental Development investment tax credits, and (c) Xxxxx Xxxxx revenues and costs. Of these, OPG states that only the change in the treatment of actuarial losses and gains and past service costs associated with OPG’s LTD plan and related income tax impacts would have a financial impact on OPG’s prescribed assets. Specifically, OPG recorded a debit of $63.1M ($2.8M35 for regulated hydroelectric and $60.3M36 for nuclear) for this financial impact in the Impact for USGAAP Deferral Account for 2012, including $0.9M of interest. For the purposes of reaching a settlement, the Intervenors accept OPG’s evidence that the accounting differences between CGAAP and USGAAP and resulting financial impacts and effects on regulatory accounting are as identified by OPG, and they are appropriate. The Parties further agree that the $63.1M balance in the Impact for USGAAP Deferral Account should be recovered as proposed by OPG. The Parties also agree no further amounts will be recorded in the Impact for USGAAP Deferral Account after December 31, 2012, with the exception of interest and amortization. Approval Parties in Support: VECC, SEC, CCC, Xxxxxx Xxxxx, AMPCO, CME, PWU Parties Taking No Position: N/A Evidence The evidence in relation to this issue includes the following:

Settled. Case is stayed pending timely monthly payments by Defendants pursuant to settlement agreement. American Apparel v. Teenage Millionaire January 12, 2006 Breach of Contract Suit for non payment of monies. Default Judgment to be entered in near future. Xxxx Xxxxxx v. American Apparel,, Inc. and American Apparel Retail, Inc. December 2006 Plaintiff alleges AA violated CA Civil Code Section 1747.08 for swiping a credit card customer’s driver’s license. AA will file its Answer denying all allegations on January 12, 2006. King’s Express, Inc. and Infinity Logistics, Inc. v American Apparel, Inc., et al, October 17, 2006 Breach of Contract case for alleged non-payment by American Apparel of approximately $5,000 Discovery stage Case is in the early discovery phase. Gold v. American Apparel 2006 Breach of contract for alleged non-payment by American Apparel of approximately $7,000 Case is in the early discovery stage. Vizi v. American Apparel 2007 Breach of contract for alleged non-payment by American Apparel of approximately $9,000 Settled. Awaiting Plaintiff to dismiss suit with prejudice pursuant to settlement agreement American Recovery Service v. American Apparel 2007 Breach of contract for alleged non-payment by American Apparel of approximately $9,000 Settled. Awaiting Plaintiff to dismiss suit with prejudice pursuant to settlement agreement CURRENT WORKERS COMPENSATION CLAIMS Claimant Claim No. Xxxx Xxxxx 648-372324 Xxxxxxxx Xxxxxx 648-373913 Xxxxx Xxxxxxxxx 648-373620 Xxxxxx Xxxxxxxxxxx 648-373998 Xxxxxxxx Xxxxxx 648-399386 Xxxxx Xxxxxx 648-374383 Xxxxxxx Xxxxxxx 648-375655 Xxxxx Del C Xxxxxx 648-375868 Xxxxxx Xxxxx 648-399543 Xxxxx Xxxxxx 648-377116 Xxxxx Xxxxxxxx 648-380220 Xxxxx Xxxxxxxx 648-379274 Xxxxxxxxx Xxxxxx 648-381129 Xxxxxxx Xxxxx 648-377963 Xxxxxx Xxxxx 648-377837 Xxxxxx Xxx 648-378568 Xxxxx Xxxxxxx 648-3799107 Xxx Xxxx 648-380218 Xxxxx Xxxxx 648-383247 Xxxxxxx Xxxxxxx 648-380724 Xxxxxxxxx Xxxxxxxxx 648-381331 Xxxxxxxx Xxxxxx 648-381653 Xxxx Xxxxxxxx 648-381763 Xxxxxx Xxxxxx 648-382389 Xxxxxx Xxxxxx - 648-383490 Xxxxx Xxxxxxx 648-389558 Xxxxxx Xxxxxx 648-384517 Xxxxxxx Xxxx 648-384670 Xxxxxxxx Xxxxxxx 648-385269 Xxxx Xxxxx 648-387188 Xxxx Xxxxxxxx 648-387529 Xxxxxxxx Xxxxxx 648-388029 Xxxx Xxxxxx 648-389707 Xxxxx Xxxxxxxxx 648-390913 Xxxx Xxxxxx 648-394417 Xxxxxx Xxxxxx 648-394189 Xxxxxx Xxxxxxx 648-393313 Xxxx Xxxxxxxx 648-394273 Xxxx Xxxxxx 648-399127 Xxx Xxxx 648-395672 Xxxxx Xxxxxxx 648-394589 Xxxx Xxxxxx 648-396640 Xxxxxxx Xxxxxxx 648-3967...