63307Board Order
33 passages
BETWEEN:
AI summary The document text provided is incomplete, containing only the heading 'BETWEEN:' with no further content or details about the regulatory proceeding.
WHEREAS: - A. EfficiencyOne and NSPI are both public utilities pursuant to the Act; and - B. Pursuant to the Act, EfficiencyOne has the exclusive right to supply NSPI with reasonably available, cost-effective Electricity Efficiency and Con...
AI summary EfficiencyOne (E1) and Nova Scotia Power Incorporated (NSPI) are both public utilities under the Electricity Efficiency and Conservation Act (EECA). E1 has the exclusive right to supply NSPI with cost-effective electricity efficiency activities, while NSPI is obligated to undertake such activities and enter agreements with E1 as the franchise holder to meet customer cost-reduction goals.
- (d) "Consequential Losses" means consequential, special, incidental, multiple, exemplary or punitive damages including lost profits, whether such claim of lost profits is categorized as indirect, direct or consequential damages or under...
AI summary The section defines key terms in the agreement, including 'Consequential Losses,' 'Contract Documents,' 'EECA Plan,' 'Electricity Efficiency and Conservation Activities,' and 'Force Majeure Event.' Definitions emphasize legal liability, contractual obligations, regulatory compliance, and unforeseen events impacting performance.
2. TERM & RESERVATION OF RIGHTS - 2.1 The term of this Agreement shall be three (3) years from the Effective Date and shall automatically terminate on December 31, 2018 unless terminated earlier in accordance with the terms of this Agreeme...
AI summary The agreement has a three-year term expiring December 31, 2018, with NSPI purchasing EECA services from EfficiencyOne. NSPI retains rights under Section 79l(3) of the Act, subject to UARB approval, and the agreement does not affect these rights.
4. PRICE & PAYMENT - 4.1 NSPI agrees to pay EfficiencyOne for EECA as set out in Schedule "B" Compensation (the "Contract Price"). - 4.2 The Contract Price shall constitute full compensation for the EECA, and no additional compensation sha...
AI summary NSPI agrees to pay EfficiencyOne for EECA services under Schedule B, with the Contract Price covering all costs. Monthly payments are due on the first business day of each month, including HST. No additional taxes or withholdings apply except as specified, with potential waivers for non-resident withholdings.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI when applying to the UARB for approval of Significant Changes. NSPI retains the right to submit written comments to the UARB regarding such changes under the EECA Plan, subject to the Act and UARB's discretion.
6. SAFETY - 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and representatives of Eff...
AI summary EfficiencyOne is mandated to manage safety and loss under the EECA, ensuring compliance with all federal, provincial, and municipal health, safety, and environmental regulations. This includes oversight of employees, subcontractors, and agents to adhere to prescribed rules.
7. PROTECTION OF PROPERTY - 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of NSPI's customers and other third parties from damage which may occur as the result of the performance of the EECA. - 7.2...
AI summary EfficiencyOne (E1) is required to protect NSPI customers' and third parties' property during EECA implementation. E1 must compensate for any damage caused, except when due to NSPI's negligence, and indemnify NSPI against related liabilities.
9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...
AI summary EfficiencyOne covenants to NSPI that it has capacity to perform EECA obligations, will comply with laws, use licensed personnel, and notify UARB/NSPI of supply disruptions. It also ensures compliance by subcontractors and obtains necessary permits.
12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...
AI summary EfficiencyOne's performance under the Agreement is measured by the UARB according to Section 79M of the Electricity Efficiency and Conservation Act (EECA), as outlined in Schedule C - Performance Requirements.
13. FORCE MAJEURE - 13.1 Neither Party shall be in breach of its obligations under this Agreement where failure to perform or delay in performance of any obligation is due, wholly or in part, to a Force Majeure Event. - 13.2 Each Party sha...
AI summary The Force Majeure clause outlines that neither party is in breach if performance is hindered by such events. Parties must notify each other promptly, take steps to mitigate impacts, and resume performance. However, EfficiencyOne's negligence or failure to comply isn't considered Force Majeure.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary EfficiencyOne and NSPI agree to mutual indemnification, assuming liability for their own negligence while excluding claims arising from the other party's negligence. The section outlines obligations to defend against third-party intellectual property claims related to the EECA and specifies legal cost allocations.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The Limit of Liability section caps EfficiencyOne's liability to NSPI at $2M or insurance proceeds, excluding indemnification, wilful misconduct, and refunds. NSPI's liability to EfficiencyOne is similarly capped at $2M, excluding wilful misconduct and Contract Price payments. Exceptions are detailed for both parties.
17. INTELLECTUAL PROPERTY - 17.1 NSPI acknowledges that all branding, trade and business marks of EfficiencyOne used in the course of provision of EECA pursuant to this Agreement, (the "EfficiencyOne Brands") are, and shall remain, the sol...
AI summary NSPI and EfficiencyOne agree that each retains sole ownership of their respective brands. Upon termination, each party must return or destroy the other's brands as instructed. The agreement outlines intellectual property rights under the EECA.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the "Lien Indemnitees" or singularly "Lien Indemnitee") and defend each of them from and agai...
AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims from subcontractors related to EECA projects. NSPI may offset costs if EfficiencyOne fails to discharge such claims promptly. EfficiencyOne may contest claims by providing a satisfactory bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
19. DISPUTE RESOLUTION - 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the dispute and the Parties...
AI summary The dispute resolution process requires EfficiencyOne and NSPI to resolve disputes within 30 days (or 10 days for urgent matters). If unresolved, disputes are referred to the UARB under Section 79P of the Act. EfficiencyOne must continue EECA implementation unless UARB authorizes suspension.
ive obligations under this Agreement for EECA provided up to the date of termination. Any claim for payment by EfficiencyOne must be asserted within thirty (30) days from the date of such termination.
AI summary The section outlines obligations under an EECA agreement upon termination, requiring EfficiencyOne to assert payment claims within 30 days. It emphasizes timelines for claims and termination-related responsibilities.
To NSPI: Nova Scotia Power Incorporated 1223 Lower Water Street PO Box 910 Halifax, NS B3J 3S8 Attention: Corporate Secretary Facsimile: (902)428-6171
AI summary A communication addressed to Nova Scotia Power Incorporated (NSPI), including contact details for a regulatory proceeding. The document provides NSPI's address, fax number, and attention point for correspondence.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary The clause outlines EfficiencyOne's obligation to maintain records of EECA compliance for 36 months post-term. NSPI may request UARB access to these records and inspect EECA implementation, with EfficiencyOne required to facilitate inspections safely. NSPI retains rights to observe EECA compliance via its own or third-party inspectors.
26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...
AI summary The agreement outlines renewal conditions under the EECA, specifies EfficiencyOne as an independent contractor, governs by Nova Scotia and Canadian laws, and requires UARB approval for amendments. It also addresses jurisdiction, waiver provisions, and agreement execution.
SCHEDULE B
AI summary Schedule B from a Nova Scotia regulatory proceeding, involving entities and legislation related to electricity efficiency, utility regulation, and tax considerations. Key stakeholders include EfficiencyOne, Nova Scotia Power Incorporated, and the Nova Scotia Utility and Review Board.
COMPENSATION (Page 1 of 2)
AI summary The document heading 'COMPENSATION' indicates the section is incomplete (Page 1 of 2) and contains no substantive content or arguments related to compensation mechanisms, stakeholders, or regulatory decisions.
SCHEDULE C
AI summary The document is labeled as 'SCHEDULE C' from a Nova Scotia regulatory proceeding. No substantive content is provided in the text, but context includes references to EfficiencyOne (E1), Nova Scotia Power Incorporated (NSPI), and regulatory frameworks like the Electricity Efficiency and Conservation Act (EECA).
And whereas in accordance with the Supply Agreement, and the Electricity Efficiency and Conservation Act (Nova Scotia) and the Public Utilities Act (Nova Scotia) (together hereinafter referred to as the "Legislation"), and as may be direct...
AI summary This preamble outlines the intent of the Parties to exchange and manage Confidential Information in accordance with the Supply Agreement, the Electricity Efficiency and Conservation Act, and the Public Utilities Act, under the direction of the Nova Scotia Utility and Review Board.
1.2 Programs and Services Overview 5 6 7 4 The 2016-2018 Residential and Business, Non-profit and Institutional (BNI) programs are expected to include ongoing gradual evolution in order to address the following objectives: • 8 9 10 - Respo...
AI summary Efficiency Nova Scotia (ENS) outlines its 2016-2018 programs, emphasizing market adaptation, research integration, and sector balance. Programs 2.0 aim to enhance customer experience through streamlined services, IT upgrades, and flexible incentives. Residential initiatives include education, rebates, and product upgrades, with ongoing improvements based on market shifts and evaluations.
2.2 Existing Residential 19 20 21 22 23 24 25 26 The Existing Residential program is designed to help reduce electricity consumption for space and water heating and lighting. The goal is to promote cost-effective energy efficiency improvem...
AI summary The Existing Residential program, managed by EfficiencyOne (ENS), aims to reduce electricity consumption in Nova Scotia through energy efficiency improvements in residential buildings. It offers rebates, financing, and services like home energy assessments, with recent modifications including financing pilots and contractor partnerships. The program targets single-family homes, rentals, and multi-family buildings.
3.2 Custom Incentives 1 2 3 4 5 6 The Custom Incentives program provides financial incentives to help commercial, industrial, not-for-profit and institutional customers reduce their electrical energy consumption and peak demand. Incentives...
AI summary The Custom Incentives program by EfficiencyOne (ENS) provides financial incentives to commercial, industrial, and institutional customers in Nova Scotia to reduce energy consumption and peak demand through energy audits and technical upgrades. It supports measures like efficiency upgrades, cogeneration projects, and feasibility studies, with eligibility based on custom applications.
SCHEDULE B Consensus Agreement WEPUBUC UTILITIESACT An application by EfficiencyOneforApproval ofaSupply Agreementfor Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia PowerInc., the establishment ofo...
AI summary EfficiencyOne and Nova Scotia Power Inc. (NSPI) seek approval for a 2016-2018 Demand Side Management (DSM) Resource Plan and Supply Agreement under the Public Utilities Act. The Consensus Agreement outlines terms agreed upon by both parties, with the right to amend based on further evidence. The Nova Scotia Utility and Review Board (UARB) is involved in the proceeding.
1) ESTABLISHMENT OF A STANDARDIZED FILING FOR FUTURE APPLICATIONS TO APPROVE A DSM SUPPLY AGREEMENT - a) The Parties agree to the establishment of a standardized filing for future applications, the substance of which will be vetted through...
AI summary Parties agree to establish a standardized filing for future DSM supply agreement applications, including templates and data points like energy savings, cost-effectiveness analysis, and rate impact assessments. The DSM Advisory Group will vet the filing, and EfficiencyOne may add relevant information.
2) ESTABLISHMENT OF A RESERVE FUND - a) In lieu of development of a DSM reserve fund, the Parties agree they will not challenge EffidencyOne's ability to apply on an expedited basis to the Board for recovery of funds to address extraordina...
AI summary The Parties agree not to challenge EffidencyOne's expedited application for fund recovery under extraordinary circumstances, provided cost mitigation efforts are made. A surplus from the three-year contract period will be returned to NS Power for ratepayers, subject to Board determination. Rights to challenge recovery claims remain intact.
3) PERFORMANCE TARGETS, INDICATORS AND THRESHOLDS - a) The parties agree to the following Performance Targets and Performance Indicators: - i) Performance Targets are set over the three-year contract period, rather than annually. - ii) Eff...
AI summary Parties agree to three-year performance targets for EfficiencyOne, requiring 90% achievement on cumulative energy and peak demand savings. Performance indicators include annual and lifetime savings, ratepayer benefits, and customer satisfaction. Reporting by program and rate class is required, with low-income participation analysis and rate impact studies mandated.
5) EVALUATION AND REPORTING - Advisory in 2016 for discussion. - b) EffidencyOne will explore methodologies of demand savings evaluations with its evaluator. - c) EffidencyOne agrees to provide a full report on its 2016-2018 Performance Re...
AI summary EfficiencyOne must report on demand savings evaluations, provide annual performance reports, explain substantial changes in energy savings, and avoid rate class impacts. Reporting timelines and contents are governed by Schedule 1, with Board input. EfficiencyOne may not provide advance notice for mid-course adjustments based on third-party evaluations.
6) RATE AND BILL IMPACT ANALYSIS - a) As with prior filings of its rate and bill impact analysis, EffidencyOne agrees to develop, in consultation with the DSM Advisory Group, assumptions to its rate and bill impact analysis. This will incl...
AI summary EfficiencyOne agrees to collaborate with the DSM Advisory Group on developing rate and bill impact analysis, including fixed cost contributions, and to submit historical analyses annually by October 31. This aligns with prior filings and regulatory requirements.