Topic:"Compliance Legislation" in M03413

3 Renewable Energy Standard Compliance 4 - 5 The Provincial RES mandates that by 2013, at least 10 percent of NSPI's energy sales must be - 6 generated by post-2001 renewable low impact generation facilities. The acquisition of this low -...

AI summary Nova Scotia's Renewable Energy Standard (RES) requires 10% of NSPI's energy sales by 2013 to come from post-2001 renewable sources. The Digby project, now owned by NSPI, will contribute to this goal if operational by 2011. Past PPA oversubscription issues led to a 2011 RES deadline extension, but NSPI's direct project control now reduces compliance risks and costs.

2. REPRESENTATIONS AND WARRANTIES - 2.1 The Proponent represents and warrants that all factual matters contained in the Proposal and Project and all supporting material submitted are true and accurate, and tbat all estimates, forecasts and...

AI summary The Proponent asserts that all factual information, estimates, and forecasts in the Proposal and Project are accurate and prepared in good faith. It also confirms that the Agreement was executed by an authorized officer with the knowledge and agreement of all partners.

File #5911·S11·2 4.2 The Proponent shall comply with all applicable federal, provincial and municipal laws in relation to the Project.

AI summary The Proponent is required to comply with all applicable federal, provincial, and municipal laws related to the Project, emphasizing legal adherence as a key obligation.

5. COMPLIANCE WITH ENVIRONMENTAL LEGISLATION - 5.1 The Proponent shall comply with all applicable federal, provincial and municipal environmental legislation in relation to the Project. - 5.2 The Proponent shall provide any information req...

AI summary The Proponent must comply with federal, provincial, and municipal environmental laws, including the Canadian Environmental Assessment Act. Compliance requires implementing mitigation measures, reporting unforeseen environmental effects, and obtaining EcoLogo certification. Non-compliance may result in termination of the Agreement or repayment of funds by Canada.

18. REPORTS - 18.1 The Proponent shaH submit Project reports satisfactory to the Minister in accordance with the provisions of Schedule B or as otherwise requested by the Minister. - 18.2 Upon completion of tIle Project, the Proponent shal...

AI summary The Proponent must submit project reports to the Minister as per Schedule B or upon request. Upon project completion, the Proponent must declare any additional contributions or payments received beyond those listed in the Proposal.

31. LOBBYING ACT 31.1 The Proponent shall ensure that any person lobbying on behalf of the Proponent is registered pursuant to the Lobbying Act and that the fees paid to the lobbyist are not to be related to the value of the fmancia! contr...

AI summary The Proponent must ensure lobbyists are registered under the Lobbying Act and that fees paid to them are not tied to the value of financial contributions made under the Agreement. This requirement aims to prevent conflicts of interest and ensure transparency in lobbying activities.

ARTICLE 4 VALUATION - 4.1 Valuation. The Company and the Purchaser have made a bonafide effort to detennine the fair market value of the Eligible Assets and their detennination of such fair market value shall be as set out in each of the C...

AI summary The article outlines the valuation of Eligible Assets between the Company and Purchaser, referencing their income tax returns and Form T2057. Adjustments under Section 85 of the Income Tax Act (Canada) may occur if discrepancies in fair market value are identified, involving retroactive revisions to shares or note valuations.

(g) Options. With respect to the Options: - (i) there have been no amendments, changes or modifications of any of the Options and there are no agreements outside the Options between the Company and any landowner under any Options; - (ii) t...

AI summary The Options are confirmed to be unmodified, with no disputes, defaults, or unpaid fees. Landowners have consented to transactions, and the agreement will not breach any Option terms. All financial obligations have been fulfilled, and no penalties are anticipated.

ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF THE PURCHASER - 7.1 Purchaser's Representations and Warranties. The Purchaser hereby represents and warrants to the Company as follows and acknowledges that the Company is relying on such represe...

AI summary Article 7 outlines the Purchaser's legal obligations, including corporate authority, absence of conflicting agreements, Canadian residency under the Income Tax Act, and HST registration. The Purchaser confirms compliance with Nova Scotia law and tax regulations, ensuring enforceability of the agreement subject to bankruptcy limitations.

ARTICLE 10 CONDITIONS PRECEDENT - 10.1 Conditions Precedent for the Company. The Purchaser's obligations under this Agreement are conditional upon the performance of or compliance with the following conditions, each of which may be waived...

AI summary Article 10 outlines mutual conditions precedent for a company and purchaser in a transaction, requiring approvals, compliance with agreements, access to records, absence of legal challenges, and third-party consents. Both parties may waive conditions in writing, with obligations contingent on meeting specified criteria before closing.

ARTICLE 11 CLOSING ARRANGEMENTS - 11.1 Time and Place of Closing. The completion of the transactions contemplated by this Agreement shall take place at the Time of Closing on the Closing Date, at the offices of the Purchaser in Halifax, No...

AI summary Article 11 outlines closing procedures for asset transfers, detailing documents required from both the Company and Purchaser. The Company must deliver legal documents, asset records, and consents, while the Purchaser must provide NSPI shares and a note. Closing occurs at the Purchaser's Halifax offices or another agreed location.

9.2 Insurance - (a) The Seller shall, at all times during the Term and throughout any period when the FacIlity is being constructed, place and maintain ail risk property insurance and boiler and machinery insurance with respect to the Faci...

AI summary Section 9.2 outlines insurance requirements for the Seller and NSPI, including all-risk property, boiler/machinery, and public liability insurance with specific coverage limits. NSPI must be named as an additional insured, and policies must include cross-liability provisions. The Seller must notify NSPI of insurance changes and may propose alternate coverage if standard terms are unavailable.

10.3 Representations and Warranties of Seller The Sellcr represents and warrants to NSPI as follows, and acknowledges that NSPI is reI ying on such representations and warranties in entering into the PPA: - (a) It has the requisite power,...

AI summary The Seller makes multiple legal and operational warranties to NSPI regarding the PPA, including enforceability, compliance with laws, absence of insolvency, and ownership of renewable credits. These warranties form the basis for NSPI's reliance on the agreement's validity and the Seller's capacity to fulfill obligations.

maintain any claim or title of NSPI to Emission Reductions and Renewable Energy Credits pursuant to section 7.1 (a). All such records shall be maintained as required by Laws and Regulations but for no less than seven (7) years after the cr...

AI summary The document outlines NSPI's rights and obligations regarding record-keeping, access to facilities, and confidentiality under the PPA. It mandates seven-year retention of records, mutual access to financial/operating data, and NSPI's right to inspect the Site/Facility for metering and compliance purposes, subject to safety protocols.

12.1 Seller Events of Default Each of the following will constitute an event of default by the Seller ("Seller Event of Default!! ): - (a) The Net Output of the Facility during the period from January 1, 2010 to December 31, 2010 is less t...

AI summary Section 12.1 outlines events constituting a Seller Event of Default under the PPA, including failure to meet energy output thresholds, payment defaults, insolvency, breaches of agreements, and non-compliance with obligations. NSPI retains rights to enforce remedies or terminate the agreement upon such defaults.

14.1 General - (a) For the purposes of interpreting the PPA: - (i) Words in the singular include the plural and vice versa. - (ii) The use of the words "including" and "include" are not limiting. - (iii) The words "herein", "hereof" and "h...

AI summary Section 14.1 outlines general terms for interpreting the PPA, including definitions, legal references, compliance with laws, and the independent contractor relationship between parties. It emphasizes written consent, time-sensitive obligations, and the execution of the agreement in counterparts.

ARTICLES COVENANTS ARTICLES COVENANTS - 5.1 Covenants of Licensee. The Licensee hereby covenants with Licensor: 5.1 Covenants of Licensee. The Licensee hereby covenants with Licensor: - (a) To pay the Licensee Fee to the Licensor as set ou...

AI summary The Licensee agrees to pay the Licensee Fee as outlined in Section 3.4, comply with Licensor-imposed requirements and the Power Purchase Agreement, and use Licensed Assets exclusively for the Project while adhering to Licensor terms and conditions.

- (d) Option Closing Date. Subject to the receipt of all required consents, the transfer of the Assets from the Licensor to the Licensee shall take place on or before the sixtieth (60 th ) day following the Licensor's receipt of the Exerci...

AI summary The text outlines terms for transferring assets under an option agreement, including the Option Closing Date, title transfer conditions, liability assumption by the Licensee, and expiration triggers for the Option. Key obligations include transferring assets free of Liens and assuming liabilities under Assumed Agreements.

ARTICLE 7 REPRESENTATIONS AND WARRANTIES - 7.1 Licensor's Representation and Warranties. The Licensor represents and warrants that: - (a) the Licensor is duly incorporated and validly subsisting under the laws of Nova Scotia and no proceed...

AI summary The Licensor and Licensee make legal representations regarding corporate status, authority to enter agreements, ownership of assets, and absence of conflicting obligations. Both parties assert compliance with legal requirements and confirm no breaches of existing agreements related to the transaction.

GC 2 DOCUMENTS - 2.1 The CONTRACTOR shall keep one copy of current Contract Documents and shop drawings at the Site, in good order and available to DEVELOPER. - 2.2 Drawings, specifications, models and copies thereof fumished by the DEVELO...

AI summary The document outlines contractual obligations between the CONTRACTOR and DEVELOPER, including document retention requirements, ownership of materials, and the binding nature of Contract Documents. It emphasizes compliance with specifications and exclusive use of provided materials for the Work.

GC 26 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK - 26.1 The CONTRACTOR shall cause each portion of the Work to be conscientiously and efficiently undertaken and carried out in a good, careful, timely and ptudent matmer, using qu...

AI summary The document outlines the CONTRACTOR's obligations to perform work diligently, comply with laws, address non-conformances, ensure safety, and manage site conditions. It emphasizes adherence to Contract Documents, developer rules, and standards, with responsibilities for rectifying issues and maintaining site safety.

- 32.4 The DEVELOPER may order any part or parts of the Work to be specially examined should it believe that such Work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in acc...

AI summary The DEVELOPER may inspect work and require corrections if discrepancies are found, while the CONTRACTOR must maintain detailed Work Records and comply with management systems as per Contract Documents.

GC 37 ENVIRONMENT - 37.1 Except as otherwise provided in the Contract, the CONTRACTOR shall ensure that all Environmental Laws are complied with by the Contractor and those for whom it is legally responsible at all times during the perfOlm...

AI summary The CONTRACTOR must comply with environmental laws, manage hazardous substances per contractual and regulatory requirements, and immediately report spills or discharges of hazardous materials to the DEVELOPER, including assuming all remediation costs. Spills from specific equipment are presumed to contain PCBs.

ARTICLE 1. DEFINITIONS Adverse System Impact shall mean the negative effects due to technical or operational limits on conductors or equipment being exceeded that may compromise the safety and reliability of the electric system. Affected S...

AI summary The document defines key terms related to electric system impacts, interconnection, and corporate structure under Nova Scotia regulatory frameworks, including 'Adverse System Impact,' 'Affected System,' and the interpretation of 'Affiliate' under the Nova Scotia Companies Act.

Deemed subsidiary - 2(4) A company shall be deemed to be a subsidiary of another company if - (a) it is controlled by - (i) that other, or - (ii) that other and one or more companies each of which is controlled by that other, or - (iii) tw...

AI summary The text defines legal terms related to corporate subsidiaries and affiliates, outlines ancillary services, applicable laws, reliability standards, and the role of the Nova Scotia Utility and Review Board. It establishes statutory criteria for deeming companies as subsidiaries or affiliates, emphasizing control structures and regulatory compliance.

ssion Provider to begin engineering and procurement oflong lead-time items necessary for the establishment of the interconnection in order to advance the implementation of the Interconnection Request. Environmental Law shall mean Applicabl...

AI summary The text defines key legal and regulatory terms including 'Emergency Condition,' 'Environmental Law,' 'Force Majeure,' and 'Generating Facility Capacity.' These definitions relate to interconnection requirements, environmental compliance, and contractual obligations under regulatory frameworks.

5.2 General Conditions Applicable to Option to Build If Interconnection Customer assumes responsibility for the design, procurement and construction of the Transmission Provider's Interconnection Facilities and Stand Alone Network Upgrades...

AI summary The Interconnection Customer must design, construct, and comply with standards for Transmission Provider's facilities, including adherence to legal requirements, allowing inspections, transferring ownership, and indemnifying the Transmission Provider for construction-related claims.

5.14 Permits The allocation of the responsibilities of the Transmission Provider or Transmission Owner and the Interconnection Customer to obtain all permits, licenses and authorizations that are necessary to accomplish the interconnection...

AI summary The text outlines the allocation of responsibilities between the Transmission Provider/Owner and Interconnection Customer for obtaining permits, licenses, and authorizations required for interconnection compliance with Applicable Laws. Both parties must cooperate, with the Transmission Provider/Owner offering comparable permitting assistance to the Interconnection Customer as provided to its own generation.

7.1 General Each Party shall comply with the Applicable Reliability Council requirements. Unless otherwise agreed by the Parties, Transmission Provider shall install Metering Equipment at the Point ofInterconnection prior to any operation...

AI summary The section outlines obligations for compliance with reliability council requirements, specifying that the Transmission Provider must install and maintain metering equipment at the Point of Interconnection. The Interconnection Customer is responsible for associated costs, and all revenue metering must comply with Electricity and Gas Inspection Act regulations.

7.3 Standards Transmission Provider shall install, calibrate, and test revenue quality Metering Equipment in accordance with applicable Industry Canada standards.

AI summary The Transmission Provider is required to install, calibrate, and test revenue-quality metering equipment in compliance with Industry Canada standards, ensuring accurate measurement and adherence to regulatory requirements.

9.12 Safety Subject to Section 18, the Parties· agree to be solely responsible for and assume all liability for the safety and supervision of their own employees, agents, representatives, and subcontractors. The Parties agree that all work...

AI summary The Parties agree to assume full liability for the safety of their employees and subcontractors. Work affecting the other Party's operations must comply with laws like the Occupational Health and Safety Act and the Canadian Electrical Safety Code, including Good Utility Practice standards.

13.2 Obligations Each Party shall comply with the Emergency Condition procedures of the Applicable Reliability Council, Applicable Laws and Regulations, and any emergency procedures agreed to by the Joint Operating Committee.

AI summary Parties must adhere to emergency procedures set by the Applicable Reliability Council, relevant laws, and agreements made by the Joint Operating Committee during emergencies.

14.1 Regulatory Requirements Each Party's obligations under this GIA shall be subject to its receipt of any required approval or certificate from one or more Governmental Authorities in the form and substance satisfactory to the applying P...

AI summary The obligations under the GIA are contingent on obtaining required approvals from governmental authorities, making necessary filings, and using reasonable efforts to secure such approvals. Parties must ensure compliance with regulatory requirements and timelines.

- 18.3.1 Employers' Liability and Workers' Compensation Insurance providing statutory benefits in accordance with the laws and regulations of the province in which the Point ofInterconnection is located. The minimum limits for the Employer...

AI summary The document outlines mandatory insurance requirements for employers' liability, commercial general liability, and comprehensive automobile liability, specifying coverage limits and policy terms. It emphasizes statutory compliance with provincial workers' compensation laws and includes provisions for cross-liability endorsements and excess insurance.

22.1.7 Order of Disclosure If a court or a Government Authority or entity with the right, power, and apparent authority to do so requests or requires either Party, by subpoena, oral deposition, interrogatories, requests for production of d...

AI summary The Order of Disclosure outlines procedures for handling confidential information when legally compelled by a court or government authority. Parties must notify each other promptly and seek protective orders, while using reasonable efforts to ensure confidentiality. Disclosure is permitted if legally required, even without a protective order.

28.1.1 Good Standing Such Party is duly organized, validly existing and in good standing under the laws of . the Province in which it is organized, formed, or incorporated, as applicable; that it is qualified to do business in the Province...

AI summary The text outlines legal requirements for a party to be duly organized, validly existing, and in good standing under provincial law, qualified to operate in relevant provinces, and possessing corporate authority to own properties, conduct business, and enter into the Generator Interconnection Agreement (GIA).

Transmission Provider Transmission Provider shall be solely responsible to obtain any and all permits and approvals that (1) it requires to lawfully own and operate the Transmission Provider's Interconnection Facilities and (2) it requires...

AI summary The Transmission Provider is solely responsible for obtaining all necessary permits and approvals to own, operate, and construct interconnection facilities, network upgrades, and modifications to the transmission system as outlined in the agreement.

c. with respect to the Permits as follows: - (ii) each has been duly obtained or made, were validly issued to or assigned to the Assignee, are in full force and effect, are final and not subject to modification or appeal and all appeal per...

AI summary The document outlines conditions for the assignment of permits, ensuring their validity, compliance with requirements, and absence of adverse events. It includes clauses on governing law (Nova Scotia/Canada), enforceability, and execution in counterparts. Key parties include Nova Scotia Power Incorporated and 3240384 NOVA SCOTIA LIMITED.

APPROVAL AND VESTING ORDER THIS MOTION, made by SkyPower Corp. (the jI,Debtor") for an order approvin:g the .'~' . Sale transaction (the "Transaction") contemplated by a putchase agreement (the "Purchase Agreement") between the Debtor and...

AI summary SkyPower Corp. (the Debtor) seeks court approval for a sale transaction with 3240384 Nova Scotia Limited and Emera Inc., under the Companies' Creditors Arrangement Act (CCAA). The motion was heard with submissions from counsel for the Debtor, Purchaser, Monitor, and creditors including HSH Nordbank AG and Lehman Brothers Holdings. The Fourth Report of KPMG Inc. (Monitor) dated November 16, 2009, was considered.

Penalties and enforcement - 18 (1) A person is liable to a daily penalty of no more than $500,000 to an maximum aggregate of $10,000,000 per occurrence if they do any of the following: - (a) fail to comply with Part II of these regulations...

AI summary The regulation imposes daily penalties of up to $500,000 (max $10M per occurrence) for non-compliance with Part II regulations, including failure to follow ministerial directions. Exemptions apply if due diligence was exercised or if the person reasonably believed in facts that would excuse the conduct. Penalties cannot be recovered through a public utility's rate base.

Contents of application - 27 An application must be in the form prescribed by the Minister and must: - (a) contain the name, address, telephone, e-mail address and fax number of the applicant and where applicable, proof of current - regist...

AI summary The application requirements outline mandatory elements for project proposals, including applicant details, generator qualification, community engagement with Míkmaq communities, environmental approvals, financial viability, interconnection studies, and compliance with regulations. Emphasis is placed on demonstrating community support, environmental impact assessments, and alignment with municipal and heritage requirements.

Audit or examination 41 The Minister may at any time audit or examine the books and records of a renewable electricity generator to enure the continued compliance by the renewable energy generator with the Act and regulations.

AI summary The Minister has authority to audit or examine renewable electricity generators' books and records to ensure compliance with the Act and regulations, emphasizing regulatory oversight of renewable energy sector operations.

Order to comply - 43 (1) Where the Minister believes on reasonable grounds that a person has contravened, or will contravene any part of the Act or regulations, the Minister may issue an order requiring the person to cease a specified acti...

AI summary The Minister may issue orders requiring compliance with the Act or regulations, specifying actions to cease or take. Orders remain effective until revoked in writing and must be served on the affected party. This provision outlines the authority and process for enforcing regulatory compliance.

Report by independent power producer 50 Where any event occurs, whether by operation of law or otherwise, that causes an independent power producer to fail to comply with the requirements for an independent power producer under these regul...

AI summary Section 50 mandates that if an independent power producer (IPP) fails to comply with regulatory requirements, it must immediately notify the Minister in writing and provide requested information. This obligation applies regardless of whether non-compliance arises from legal operations or other events.

NON-CONFIDENTIAL 1 Request IR-11: 12 are the Contractor's responsibility and those that are the Developer's. 13 14 (e) Reference page 29 of 54, Articles 26.9 and 26.10 15 16 (i) Please provide a copy of the latest project Schedule. 17 18 (...

AI summary The text outlines several requests for information related to a project, including the latest project schedule, monthly reports, and specific documents listed in Schedule B and Schedule B1. Requests also pertain to the status of the Federal EA Report, Environmental Protection Plan, and building permits.

WHITE - APPLICATION cipality A Municipality And Town of Digby DATE REC'D DATE REC'D BY 652.50 COPY NENTS A PE Municipality And Town of Digby P.O.: Box 429, Digby, N.S. B0V 1A0 Phone: 245-6776 DATE REC'D EST. VALUE (ADD, 60° RECEIPT No. 600...

AI summary The document is an application for a building permit or demolition from the Municipality And Town of Digby, Nova Scotia. It includes details such as property information, fees, and mandatory inspections. The application includes contact information and a property identification number.

( Sections 55, 63, 66 and 79 )

AI summary The text references specific sections of a regulatory proceeding document, indicating that the content pertains to legal or procedural matters related to regulation, likely involving compliance, legislation, or oversight.

within 7 days of review, verifying compliance of Work SkyPower Corporation Digby Wind Power Project Contract 090630.00 Common Work Results - Electrical Section 26 05 00 Page 3 June 2009 1.5 SUBMITTALS (Cont'd) .10 Contractor's Field Report...

AI summary The document outlines quality assurance and compliance procedures for the Digby Wind Power Project, including site meetings, submission of reports, and coordination with electrical inspection authorities to ensure adherence to standards and regulations.

PART 3 - EXECUTION 3.1 MANUFACTURER'S .1 Compliance: comply with manufacturer's written INSTRUCTIONS recommendations or specifications, including product technical bulletins, handling, storage and installation instructions, and datasheets....

AI summary This section outlines compliance requirements for the installation of electrical conduit systems, specifying materials, installation methods, and minimum standards to ensure safety and adherence to electrical codes.

- (Cont'd) .3 Note that the work shall also include the supply of all test equipment to fulfill the requirements of the Contract. - .4 Should any test results be deemed unacceptable, whether due to test conditions, Contractor error, or req...

AI summary The document outlines requirements for testing and commissioning of medium voltage circuit breakers for the Digby Wind Power Project. It specifies that all tests must comply with provincial standards, CSA, and ANSI/IEEE standards. The Contractor is responsible for providing test equipment and ensuring that all test results meet acceptable standards.

1 EQUIPMENT - 1.1 Compliance with Standards and Codes

AI summary This section outlines the requirement for compliance with standards and codes related to equipment. It emphasizes the importance of adhering to established regulations and guidelines.

1.2 Compliance with Standards and Codes - 1.2.1 The testing and commissioning shall confirm that the Product conforms to or exceeds the applicable requirements of the current edition of all standards and codes contained herein where applic...

AI summary This section outlines the compliance requirements for testing and commissioning, ensuring that the Product meets provincial standards and codes, including the Nova Scotia Occupational Health and Safety Act and the Nova Scotia Workers' Compensation Act.

, or modify it without impairing its efficiency so it becomes non-infringing, or remove said equipment or material and refund the purchase price and the transportation and installation costs thereof. 13. INDEMNITY AND INSURANCE Seller shal...

AI summary The document outlines terms and conditions for a purchase order, including indemnity and insurance requirements for the seller, compliance with applicable laws, and procedures for handling non-compliant equipment. The seller must defend and indemnify the buyer against claims arising from the seller's products or services and maintain specific insurance coverage.

- 6. Permits and Approvals END .2 Where permits or approval are required and not obtained at time of bidding; be responsible for obtaining permits or approvals. The Activity Designation Regulations made under the Nova Scotia Environment Ac...

AI summary The section outlines requirements for obtaining permits and approvals for activities regulated under the Nova Scotia Environment Act, emphasizing responsibility for securing these permits and ensuring awareness among staff and subcontractors.

- 7.4 NSPI shall submit to the Board annually, all internal Code of Conduct implementation guidance along with a summary of significant interpretations or judgements made by NSPI related to the Code during the year. - 7.5 In order to monit...

AI summary NSPI is required to submit annual internal Code of Conduct implementation guidance and summaries of significant interpretations to the Board. The Board may review NSPI and its affiliates' records to ensure compliance. NSPI must document all affiliate transactions, including alternatives considered and the rationale for selecting an affiliate, especially for transactions exceeding $125,000.

heir views of the DWP. No evidence was filed by any of the Intervenors and only the CA issued Information Requests ("IRs"). [14] A Final Issues List was established by the Board and is set out below: - 1. Transactions between NSPI and its...

AI summary The Board established a Final Issues List focusing on NSPI's transactions with affiliates, compliance with the Code of Conduct, and specific contracts and agreements related to renewable energy projects. Intervenors primarily addressed compliance with the Code of Conduct and the PPA with SkyPower and EUS.

Submissions - Intervenors [60] Avon and the CA stress that the test for compliance, referring to section 2.2 of the Code, is that the transaction must be "... demonstrated through sound documented analysis to be the best available option f...

AI summary Avon and the CA argue that the EUS contract fails to meet the compliance test under section 2.2 of the Code, as there is no evidence it is the best option for NSPI's customers. They also claim that the lack of competitive bidding and NSPI's failure to follow Mr. Desdunes' suggestions indicates a lack of due diligence.

3) Did the May 28, 2010 transaction between NSPI and 324 NSL comply with the Code? [79] The transaction by which NSPI acquired the DWP from 324 NSL is a complex one. It must be examined as a whole. The same fair dealing principles and proc...

AI summary The Board found that the May 28, 2010 transaction between NSPI and 324 NSL did not comply with the Code. However, due to the unique circumstances of the Project, the Board approved the capital expenditure with a reduction in costs.

July 2010 Board Floor Nancy McNeil Clerk ofthe Board Utility 1601 Water P.O. Box 1692, Unit ")\f' B3J Re: Dear McNCil: enclOse~a Nova Power's(NSPI, the COlnpany) fOUf applications for CI 38626, C1 39627, CI 39628 in the amount $82.8 rniHio...

AI summary Nova Scotia Power (NSPI) submitted four applications for $82.8 million to acquire, construct, and interconnect a 30 MW wind farm project. The project is to be completed by the end of 2010 to qualify for federal funding available until March 31, 2011. NSPI recommends the Board convene a hearing to allow stakeholder input and ensure compliance with Rule 11 requirements.

1 non-compliance and, quite frankly, it's just our practice and policy and 2 desire to comply with the laws and regulations. So we work hard to do 3 that. 4 5 The Digby project is only one example of the hard work that we've done 6 to ensu...

AI summary The speaker emphasizes the importance of compliance with regulations, citing the Digby project as an example of efforts to meet legal requirements and support renewable energy initiatives. They argue that the project was economically viable, beneficial for customers, and necessary to secure eco-energy credits. The speaker also asserts that the project's cost is reasonable and among the lowest in the province.

heir views of the DWP. No evidence was filed by any of the Intervenors and only the CA issued Information Requests ("IRs"). [14] A Final Issues List was established by the Board and is set out below: - 1. Transactions between NSPI and its...

AI summary The Board established a Final Issues List focusing on NSPI's transactions with affiliates, compliance with the Code of Conduct, and specific contracts including the PPA with Skypower and a construction contract with EUS. Intervenors primarily addressed these three issues in detail.

B. Compliance with Code of Conduct and EUS Construction Contract [25] There is no disagreement among the parties that the transaction between 324 NSL and NSPI is subject to the Code. However, there is a difference of opinion between NSPI a...

AI summary The NSPI/324 NSL transaction is subject to the Code of Conduct. The Board asserts its jurisdiction to examine the EUS construction contract for compliance with the Code. NSPI acquired the Digby project from 324 NSL and did not disclose the major construction contract with EUS, an affiliate, during the process.