Topic:"Confidentiality" in M12780

4 List of Schedules 5 6 Schedule "A": Electricity Efficiency And ConservationDemand-side Management 7 Activities 8 Schedule "B": Compensation 9 Schedule "C": Performance Requirements 10 Schedule "D": Confidentiality Agreement 11 Schedule "...

AI summary The document outlines five schedules related to electricity efficiency, compensation, performance requirements, confidentiality, and an approved DSM resource plan. Key focus areas include demand-side management, energy conservation, and regulatory compliance frameworks.

12 11. CONFIDENTIAL AND PERSONAL INFORMATION - 13 11.1 The Parties have executed or agree to execute the confidentiality agreement attached 14 hereto as Schedule "D" - Confidentiality ("Confidentiality Agreement"). - 15 11.2 EfficiencyOne...

AI summary The Parties have executed a confidentiality agreement (Schedule D), requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or disclosure, including CASL compliance.

3 27. SURVIVAL 4 27.1 Subject to the provisions of the Act, all provisions of this Agreement which by their express 5 terms or nature are continuing shall survive the expiration or termination of this 6 Agreement, including, without limita...

AI summary This section outlines that certain provisions of the Agreement will continue to apply even after its expiration or termination, including those related to the EECA DSM Resource Plan, confidentiality, indemnity, and intellectual property.

rogram participation, expenditures, and savings through a variety of methods, including estimation based on geographic 118 Actual Program Administrator Cost test results. census information 119 120 SCHEDULE D CONFIDENTIALITY AND NONDISCLOS...

AI summary The document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated (NSPI) under a Supply Purchase Agreement for EECA DSM activities. It references relevant legislation and the Nova Scotia Utility and Review Energy Board, emphasizing the handling of confidential information.

Confidential Information 1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, a...

AI summary The agreement defines 'Confidential Information' broadly, encompassing all data shared between parties, including reports, analyses, and intellectual property. It emphasizes protection of such information, including materials filed with the Nova Scotia Utility and Review Energy Board ('the Board') in confidence. The definition includes access credentials for electronic copies and explanations provided by either party marked as confidential.

Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECADSM, as the case may be, in accordance with the Legislation and the Supply Purchase Agreement and for no oth...

AI summary The Recipient is restricted to using Confidential Information solely for EECADSM purposes, as governed by the Legislation and Supply Purchase Agreement, with no other permitted uses.

No Obligation to Disclose 3. This Agreement does not obligate either Party to disclose any Confidential Information to the other.

AI summary The agreement explicitly states that neither party is required to disclose confidential information to the other, emphasizing the absence of legal obligation regarding information sharing between involved parties.

Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...

AI summary The Recipient is required to maintain strict confidentiality of shared information, protecting it from harm, unauthorized access, and disclosure, using at least the same care as applied to its own confidential information. Disclosure is restricted except as permitted by the agreement, referencing the Supply Purchase Agreement (Redline).

Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...

AI summary The Recipient acknowledges the confidentiality of the Confidential Information, recognizing it as a trade secret owned by the Disclosing Party. Unauthorized disclosure is deemed detrimental to the Disclosing Party's interests, emphasizing the high value and materiality of the information to their business affairs.

Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...

AI summary The Recipient may disclose Confidential Information to employees and advisors under confidentiality agreements, notifying the Disclosing Party and ensuring compliance. Disclosures mandated by law or regulatory bodies require prior notice to the Disclosing Party, allowing them to seek protective orders or waive confidentiality. The Recipient must remove commercially sensitive information where possible and notify the Disclosing Party of court/regulatory orders.

Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...

AI summary The Recipient acknowledges that unauthorized use of Confidential Information causes irreparable harm to the Disclosing Party. The Recipient agrees not to oppose interim or interlocutory equitable remedies sought by the Disclosing Party to enforce the Agreement. Such remedies are not exclusive and survive termination of the Agreement. The Recipient deems the provisions fair and reasonable in commercial circumstances.

Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Purchase Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipi...

AI summary The document outlines obligations for the Recipient to return or destroy confidential information upon termination of the Supply Purchase Agreement or at the Disclosing Party's request, with an exception allowing retention of one legal file copy for legal obligations.

Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...

AI summary The text defines 'Residual Information' as knowledge retained unintentionally by individuals exposed to confidential data, prohibiting its use post-agreement termination. It emphasizes that residual information includes ideas, techniques, and know-how, with an employee's memory considered 'unaided' unless intentionally memorized for later use. This provision is part of a Supply Purchase Agreement (Redline).

Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...

AI summary The recipient is granted only limited rights to use confidential information under the agreement, with explicit clarification that no licenses for intellectual property rights (patents, copyrights, etc.) are provided, either directly or indirectly, under any circumstances.

ither EfficiencyOne or NSPI. " Parties " means EfficiencyOne and NSPI. (w) " Personal Information " shall mean the information provided by NSPI to EfficiencyOne pursuant to Section 79K of the Act.

AI summary Defines 'Parties' as EfficiencyOne and NSPI, and 'Personal Information' under Section 79K of the Act. Establishes regulatory terminology and data protection scope within the Nova Scotia regulatory framework.

11. CONFIDENTIAL AND PERSONAL INFORMATION - 6 11.1 The Parties have executed or agree to execute the confidentiality agreement attached 7 hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 8 11.2 EfficiencyOne shal...

AI summary The document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated (NSPI), requiring EfficiencyOne to secure personal information and indemnify NSPI against liabilities from misuse or disclosure, in compliance with the Public Utilities Act and CASL.

27. SURVIVAL 27.1 Subject to the provisions of the Act, all provisions of this Agreement which by their express terms or nature are continuing shall survive the expiration or termination of this Agreement, including, without limitation, th...

AI summary This section outlines the survival of certain provisions of an agreement even after its expiration or termination, including clauses related to the DSM Resource Plan, confidentiality, indemnity, and intellectual property, among others.

Confidential Information 3 1. The Parties agree that for the purpose of this Agreement "Confidential Information" 4 means all information, regardless of the form in which it is communicated or 5 maintained and prepared by the Disclosing Pa...

AI summary The agreement defines 'Confidential Information' as all information disclosed by the Disclosing Party to the Recipient, including reports, analyses, contracts, and intellectual property, under the Purchase Agreement or as directed by the Nova Scotia Energy Board. It emphasizes information filed with the Board in confidence and includes access credentials for electronic data.

Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving DSM, as the case may be, in accordance with the Legislation and the Purchase Agreement and for no other reason o...

AI summary The recipient is restricted to using confidential information solely for Demand Side Management (DSM) purposes under the Legislation and Purchase Agreement, with no other permitted uses.

No Obligation to Disclose 3. This Agreement does not obligate either Party to disclose any Confidential Information to the other.

AI summary The agreement explicitly states that neither party is required to disclose confidential information to the other, establishing a clear boundary regarding information sharing obligations.

Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...

AI summary The Recipient is required to maintain strict confidentiality of the information, using reasonable care to prevent unauthorized access or disclosure, and may only share it as permitted by the agreement.

Acknowledgements 2 5. The Recipient acknowledges that the Confidential Information is confidential and 3 a trade secret and is owned by the Disclosing Party and is highly valuable and 4 material to the interests, business and affairs of th...

AI summary The Recipient acknowledges the confidentiality of the Confidential Information, recognizing it as a trade secret owned by the Disclosing Party and emphasizing the detrimental effects of unauthorized disclosure on the Disclosing Party's interests.

Permitted Disclosures - 8 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential 9 Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the perf...

AI summary The Recipient may disclose confidential information to employees and advisors if necessary for their duties, provided they sign confidentiality undertakings and inform the Disclosing Party. Exceptions apply for legal obligations or court orders, requiring prompt notification and steps to protect commercially sensitive data. The Recipient is liable for breaches and must allow the Disclosing Party at least ten days to remove sensitive information before disclosure.

Equitable Remedy - 3 - DATE FILED: March 31, 2026 Page 29 of 33 1 9. The Recipient acknowledges that any unauthorized use of the Confidential 2 Information or any breach of its obligations under this Agreement will result in 3 irreparable...

AI summary The Recipient acknowledges that unauthorized use of Confidential Information would cause irreparable harm to the Disclosing Party. The Recipient agrees not to oppose interim or interlocutory equitable remedies to enforce the Agreement and accepts that these provisions are fair and reasonable. Such remedies are not exclusive and complement other legal remedies.

Return of Information 10. On the earlier of either thirty (30) days following the termination of the Purchase Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient sha...

AI summary The Recipient must return or destroy Confidential Information within 30 days of the Purchase Agreement's termination or upon the Disclosing Party's request, retaining only one legal file copy for legal obligations. Written confirmation of compliance is required if requested.

Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...

AI summary The agreement prohibits the Recipient and others from using 'Residual Information'—defined as ideas, know-how, and techniques retained in memory after accessing confidential information—after termination. The definition emphasizes that residual information is unintentionally retained by an ordinary skilled person, not through intentional memorization.

Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...

AI summary The agreement restricts the recipient's rights to using confidential information solely under the terms specified, explicitly denying any licenses related to patents, copyrights, or other intellectual property rights, either currently or in the future.

- 16 Executed and delivered this day of 20__. EfficiencyOne Nova Scotia Power Incorporated By: By: Name: Name: Title: Title: 1 SCHEDULE "A" to CONFIDENTIALITY AGREEMENT 2 3 4 UNDERTAKING 5 I, HAVE READ AND 6 AGREE TO ABIDE AND AM BOUND BY...

AI summary This document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, including a schedule detailing the DSM Resource Plan subject to approval by the Nova Scotia Energy Board.

nstances whereby the EPI installer does not accurately collect the required device information, leading to difficulty identifying and auto-enrolling devices in Residential DR post-device installation. › Non-participants shared key perceive...

AI summary The text highlights challenges with EPI installers not collecting accurate device data, hindering Residential DR enrollment. Non-participants cite incentives and peak demand reduction as benefits but face barriers like enrollment complexity, privacy concerns, and lack of clarity. Maximizing enrolled devices per household is recommended as a key strategy.

CONFIDENTIALITY NOTICE The document you are attempting to access has been filed in confidence. Certain files are accepted as confidential because they are protected by privacy law, or contain sensitive information that, if disclosed, could...

AI summary The document is marked confidential under regulatory guidelines, restricting access to protect sensitive information. A public redacted version may be available, and access to the full document requires a Confidentiality Agreement with the Clerk of the Board, who can be contacted via provided phone numbers and email.

CONFIDENTIALITY NOTICE The document you are attempting to access has been filed in confidence. Some exhibits, noted as confidential, contain information which if released might cause financial or other harm to the party filing it, or which...

AI summary The document is confidential and has been filed with the Nova Scotia Energy Board. Access to it is restricted and requires a Confidentiality Agreement. Contact information for the Board is provided for those who need access.

BACKGROUND This letter addresses Efficiency One's (E1) request that the Mercer Compensation Review (Mercer Report) it filed in this proceeding be held in confidence by the Board (i.e., filed as Board only confidential) The request was cons...

AI summary Efficiency One (E1) requested that its Mercer Compensation Review (Mercer Report) be treated as Board-only confidential. The Board, however, determined that the report should be treated as General Confidential and made available to intervenors who signed a Confidentiality Undertaking. E1 argued that the report contains sensitive compensation data and commercial information that could harm its competitive position.

(a) Confidentiality E1's request for confidentiality is made under s. 12 of the Board Regulatory Rules , which states:

AI summary E1 has requested confidentiality under section 12 of the Board Regulatory Rules, which governs the disclosure of information in regulatory proceedings.

(11) The Board may - (a) order that the document be held in confidence by the Board; - (b) order that the document be placed on the public record; - (c) order that an abridged version of the document be placed on the public record; - (d) o...

AI summary The Board has the authority to handle confidential documents in various ways, including keeping them confidential, placing them on the public record, or making them available under certain conditions. If a confidentiality claim is rejected, the party must withdraw their application or intervention and the Board will return the documents.

Analysis and Findings The main issue relates to E1's request that the Mercer Report should not be disclosed to the intervenors in this matter and should be viewed by the Board only ("Board Confidential)." It is typical in proceedings befor...

AI summary E1 argues that the Mercer Report should remain confidential due to sensitive compensation data and commercial information that could harm its competitive position and employee retention, despite the Board's typical practice of allowing access through a Confidentiality Undertaking.

CONCLUSION Pursuant to Board Regulatory Rule 12, E1 requested confidential or partially confidential treatment of certain documentation filed in this matter. After considering the reasons provided by E1 in its letter of June 16, 2026, the...

AI summary The Board has denied E1's request for confidential or partially confidential treatment of certain documents filed in this matter. The Board orders that the Mercer Report be made available immediately to intervenors who have signed confidentiality undertakings.

SEB IR 01-66 (Redacted) - o NSEB IR 12, Attachment 1, filed in Excel format only - o NSEB IR 17, Attachment 3, filed in Excel format only - o NSEB IR 38, Attachment 1, filed in Excel format only - o NSEB IR 38, Attachment 3, filed in Excel...

AI summary EfficiencyOne (E1) requests Board-Only Confidential Treatment for specific attachments containing sensitive compensation data, arguing disclosure would harm E1 by revealing confidential salary information of identifiable individuals.

f identifiable individuals. It is E1's position that this material constitutes sensitive commercial and financial information, the disclosure of which could reasonably be expected to cause harm to E1. NSEB IR 19, Attachments 3 and 5, conta...

AI summary EfficiencyOne (E1) requests confidential handling of documents containing sensitive commercial and cybersecurity information, arguing disclosure could harm E1. The materials include KPMG assessments from NSEB IR 19, attachments 3 and 5, which E1 claims could jeopardize cyber assets if disclosed.

June 10, 2026 [[email protected]](mailto:[email protected]) James Gogan McInnes Cooper 1300-1969 Upper Water Street PO Box 730 Halifax, NS B3J 3R7 Dear Mr. Gogan: M12780 – EfficiencyOne – Demand Side Management (DSM...

AI summary The Board has raised concerns about EfficiencyOne's use of Board Only - Confidential treatment for certain responses to information requests, particularly regarding sensitive compensation information. The Board references a previous decision in Matter M10431 regarding NS Power's executive compensation and asks EfficiencyOne to justify why similar treatment should not apply here.

Background This decision letter contains the Board's findings about a motion by various Intervenors challenging the confidentiality claimed by Nova Scotia Power Inc. (NS Power, Company, Utility) over certain portions of its general rate ap...

AI summary This decision letter addresses a motion by intervenors challenging NS Power's confidentiality claims over parts of its GRA. The Board panel reviewed objections to the redacted information, with NS Power justifying some claims based on privacy laws and the Public Utilities Act. Some claims were abandoned, while others were upheld, particularly those related to cyber security measures.

a) Confidentiality NS Power's request for confidentiality is made under s.12(4) of the Board Regulatory Rules . Section 12, in its entirety, provides:

AI summary NS Power has requested confidentiality under section 12(4) of the Board Regulatory Rules, which outlines the conditions for such requests. This section is fully detailed in the document.

Confidential documents - 12 (1) Subject to Rule 12(2), all documents filed in respect of an application shall be placed on the public record. - (2) A party may request that all or any part of the document be held in confidence by the Board...

AI summary This section outlines the procedures for handling confidential documents in regulatory proceedings. It specifies that parties requesting confidentiality must justify the request, and the Board may decide to keep the document confidential, place it on the public record, or allow limited access. The burden of proof lies with the party seeking confidentiality.

a) Mercer Reports – Executive Compensation The primary outstanding issue relates to the Intervenors' request that the confidential treatment of the Mercer Reports about executive compensation be relaxed from "Board Confidential" to "Genera...

AI summary The issue is whether the Mercer Reports on executive compensation should be made more accessible to intervenors under a Confidentiality Undertaking. The Province initially supported full public disclosure, but later agreed to a CU-based disclosure. NS Power's executive compensation is capped by the Public Utilities Act, and the cost is forecast to increase by 2% annually from 2022 to 2024.

on by NS Power. Having reviewed all the submissions, the Board concludes that the Mercer Reports are relevant and should be available to the Intervenors who have signed a confidentiality undertaking. At the very least, as noted by Ms. Rubi...

AI summary The Board has concluded that the Mercer Reports, which detail executive compensation at NS Power, are relevant and should be made available to intervenors who have signed a confidentiality agreement. The Board supports the public interest in transparency regarding executive pay, emphasizing that ratepayers have a right to know whether compensation is justified. NS Power agrees in principle but argues that disclosure should only occur if the compensation is being recovered in rates.

c) Stantec decommissioning study – Pricing Information In Grant Thornton IR-50, the Board Counsel consultant requested copies of the latest decommissioning studies. The Stantec Report in Attachment 1 to the IR response was filed as fully c...

AI summary The Board requested decommissioning studies from NS Power. The Stantec Report was filed as fully confidential, while the Hydro Asset Study was partially confidential. NS Power agreed to re-file the Stantec Report by June 24, 2022, with only pricing information kept confidential.

d) Process for re-filing of evidence over which confidentiality withdrawn As noted earlier in this decision letter, NS Power has agreed to withdraw its claim of confidentiality over various issues raised by Ms. Rubin. NS Power is directed...

AI summary NS Power has agreed to withdraw its claim of confidentiality over evidence raised by Ms. Rubin and is directed to re-file unredacted versions by June 24, 2022.

James R. Gogan Direct +1 (902) 563 5920 [email protected] 1969 Upper Water Street, Suite 1300 Halifax, Nova Scotia Canada B3J 3R7 Tel +1 (902) 425-6500 Fax +1 (902) 425-6350 Our File: 238984 June 16, 2026 Nova Scotia Energy Boa...

AI summary EfficiencyOne argues that the Mercer Report should remain confidential under Rule 12 of the Board Regulatory Rules and the Sierra Club test, distinguishing this case from Matter M10431 where the Board rejected confidentiality for executive compensation details. They assert that privacy concerns are adequately addressed by restricting access to intervenors with confidentiality undertakings.

Consideration of M10431 E1 maintains its position that the Mercer Report qualifies for Board Confidential treatment under Rule 12 of the Board Regulatory Rules . First, the Mercer Report contains sensitive compensation data from which the...

AI summary E1 argues the Mercer Report qualifies for Board Confidential treatment under Rule 12, citing sensitive compensation data and commercial information that could harm its competitive position. It acknowledges public interest in transparency but contends the Board should not apply the same confidentiality rationale as in the M10431 Decision.

(a) No Demonstrated Public Concern First, in the present matter, the concern regarding the public interest has not been demonstrated to the same degree as in the M10431 Decision. Intervenors have the ability to file an objection to a reque...

AI summary The proceeding notes that public interest concerns are not demonstrated as strongly as in M10431. Intervenors could object to confidentiality requests under Rule 12(6), but none have done so despite notice of E1's claim. The absence of objections suggests public interest representatives do not require broader disclosure of the Mercer Report.

(c) Different Weighing under the Sierra Club Test As the Board noted in the M10431 Decision, Rule 12 of the Board Regulatory Rules effectively codifies the criteria set out by the Supreme Court of Canada in Sierra Club of Canada v. Canada...

AI summary E1 argues that the Sierra Club test justifies maintaining confidentiality for sensitive executive compensation data in this DSM proceeding. E1 claims disclosure would harm commercial interests and that public interest concerns are lower than in prior cases due to factors like no formal objections and differing legislative contexts.

Requested Relief E1 respectfully requests that the Board issue an order pursuant to Rule 12(11)(a) of the Board Regulatory Rules that the Mercer Report be held in confidence by the Board. For the reasons set out above, E1 submits that this...

AI summary E1 requests the Board to keep the Mercer Report confidential under Rule 12(11)(a), citing the Sierra Club test and distinguishing from prior decision M10431. The request emphasizes protecting privacy and commercial interests while noting limited public interest in disclosure.

BACKGROUND This letter addresses Efficiency One's (E1) request that the Mercer Compensation Review (Mercer Report) it filed in this proceeding be held in confidence by the Board (i.e., filed as Board only confidential) The request was cons...

AI summary Efficiency One (E1) requested that its Mercer Compensation Review be treated as Board-only confidential. The Board considered the request and found that the report should be treated as General Confidential, available to intervenors who signed a Confidentiality Undertaking. E1 argued the report contained sensitive compensation data and commercial information that could cause competitive harm.

(11) The Board may - (a) order that the document be held in confidence by the Board; - (b) order that the document be placed on the public record; - (c) order that an abridged version of the document be placed on the public record; - (d) o...

AI summary The Board has the authority to order documents to be held in confidence, placed on the public record, or made available to interested parties under certain conditions. If a confidentiality claim is rejected, the party must withdraw their application or intervention within seven days. E1, as the party claiming confidentiality, is responsible for justifying the confidentiality of the Mercer Report.

Analysis and Findings The main issue relates to E1's request that the Mercer Report should not be disclosed to the intervenors in this matter and should be viewed by the Board only ("Board Confidential)." It is typical in proceedings befor...

AI summary The main issue is E1's request to keep the Mercer Report confidential, citing concerns over sensitive compensation data and competitive harm. E1 argues that disclosing the report would breach privacy and harm its ability to attract talent. The Board typically allows access to confidential evidence under a Confidentiality Undertaking.

d, whether printed or electronic. Designated Confidential Information shall also include any password or other information necessary to access electronic copies of Designated Confidential Information. - 3. Access to Designated Confidential...

AI summary This section outlines the handling of Designated Confidential Information, specifying that access is restricted to specific parties and that references to such information must be made in a non-confidential manner.