E-10-(i)Book of Authorities
34 passages
2.0 BACKGROUND - [6] The Board considers it useful to set out some of the background of DSM in Nova Scotia to provide some context for this Decision. - [7] For a number of years prior to 2010, NSPI included requests for approval of spendin...
AI summary The document outlines the transition of DSM programming in Nova Scotia from NSPI to ENSC under the ENSC Act, requiring Board oversight. ENSC administered DSM programs post-2010, with regular Board approvals for spending and cost allocations. The 2014 EECR Act amended DSM frameworks by repealing the ENSC Act and modifying the PUA, redefining efficiency and conservation activities.
3.2 Verification Report of 2014 DSM Programs (Peach) [38] As in previous years, the Board engaged the services of H. Gil Peach & Associates to conduct an independent verification of the 2014 evaluated DSM savings results. Dr. Peach filed h...
AI summary The Board engaged H. Gil Peach & Associates to verify 2014 DSM program savings, resulting in 20 recommendations. Seven programs exceeded energy savings targets, seven underperformed, and three had no targets. The report reviewed evaluation methods, data tracking, and conducted site visits to assess installation quality and compliance.
3.3 Status of 2013 and 2014 Verification and Evaluation Recommendations [49] In Appendix C, attached to its application, E1 included Table 1 - Update on Implementation of 2013 Verification Recommendations, and Table 2 - Update on Implement...
AI summary E1 provided updates on the implementation status of 2013 and 2014 verification and evaluation recommendations, with most completed. No intervenors raised concerns, though evaluation reports noted issues with Home Energy Report savings. E1 will update the Board on 2014 recommendations in its Q2 report.
subsequent update in 2009. So I believe we filed a quote from the Terms of Reference for the 2009 IRP and it lists basically what we're trying to evaluate in doing the IRP. Bullet number three says: Develop and evaluate alternative plans i...
AI summary The 2016-18 DSM Plan aligns with the 2014 IRP's objective of minimizing costs through DSM, which saves ratepayers money and reduces emissions. The IRP's Terms of Reference (2009) emphasize evaluating alternatives using total resource cost metrics. DSM is framed as a key component of long-term energy planning, balancing economic and environmental benefits.
5) EVALUATION AND REPORTING - a) The Parties support EfficiencyOne's proposal for annual program impact evaluations and process evaluations at the organizational level with program process evaluations if required. EfficiencyOne will provid...
AI summary Parties support EfficiencyOne's proposal for annual program evaluations, including impact and process assessments. EfficiencyOne will report on 2016-2018 performance, explain substantial changes (≥25% variance), and provide advance notice for mid-course adjustments. Reporting timelines and content are subject to Board revisions via Schedule 1.
a) Evidence and Submissions - [25] E1 has established comprehensive energy efficiency campaigns which are not specifically targeted to individual customers. It says that as DSM markets mature, the opportunity to enhance readily available D...
AI summary E1 argues that non-targeted energy efficiency campaigns yield lower uptake and that mature DSM markets require tailored initiatives. Proposed strategies include customer segmentation, targeted marketing, and geotargeting to address specific consumption patterns and infrastructure needs, supported by evidence of reduced program success without direct customer engagement.
Information to be provided by public utilities and confidentiality - 21 (1) Upon written notice from the Corporation, a public utility shall, within such reasonable time as is specified in the notice, provide to the Corporation, for the pu...
AI summary The text outlines legal requirements for public utilities to disclose customer electricity data to the Corporation, with confidentiality exceptions. It references 2014 legislative amendments under the PUA and EECRA, which transferred DSM functions from Efficiency Nova Scotia Corporation to E1 (EfficiencyOne) as the initial franchise holder.
iii) Are the Names and Email necessary to enable E1 to provide NSPI with reasonably available cost-effective energy efficiency and conservation activities? [75] NSPI's position on the necessity of the Names and Emails is summarized at p. 1...
AI summary NSPI argues E1 has not proven the necessity of customer Names and Emails for cost-effective DSM activities, emphasizing existing data availability and privacy concerns. The CA found E1's evidence insufficient and requested further comments. Privacy balancing is emphasized over E1's cost pressures.
Appeal 30(1) An appeal lies to the Appeal Division of the Supreme Court from an order of the Board upon any question as to its jurisdiction or upon any question of law , upon filing with the Court a notice of appeal within thirty days afte...
AI summary The appeal discusses the limited grounds for appealing a Nova Scotia Utility & Review Board (UARB) order, confined to jurisdiction or law. The court emphasizes that factual findings are generally not appealable unless unsupported by evidence, citing precedents like Dr. Q v. College of Physicians and Surgeons of British Columbia and Fadelle v. Nova Scotia College of Pharmacists . Legal standards of review, such as reasonableness, are central to the analysis.
t it just – you just deal with an event and then the event stops and then you get on with business as normal. There's a period of catch-up before the business gets back to where it would have been. … I don't think it's appropriate to stop...
AI summary The Province challenges the Board's acceptance of PwC's methodology for calculating loss periods, arguing that the loss period should extend beyond the Market Street store's opening. The Board acknowledged PwC's analysis of vendor discounts and distribution centre impacts, while the Province seeks to replace PwC's findings with Mr. Wintrip's opinion.
- [218] First, Central challenges Mr. Wintrip's evidence. Central's factum criticizes Mr. Wintrip's reliability and credibility at length, then says: - 48. Despite all of this implied skepticism about the weight and credibility of Wintrip'...
AI summary Central challenges the Board's reliance on Mr. Wintrip's credibility and inadmissible evidence from a dismissed motion to re-open the hearing. Central argues there was no other evidence supporting the Board's rejection of future costs claims, while the Board asserts causation principles from Dell justify its decision.
of reasonableness is grounded in the legislature's choice to give a specialized tribunal responsibility for administering the statutory provisions and its consequent expertise (para. 33). However, this rationale is only part of the legisla...
AI summary The text argues that deference to specialized tribunals cannot override the legislature's provision for Court of Appeal jurisdiction on legal questions. It emphasizes statutory interpretation principles from Re Rizzo and Bell ExpressVu , stressing alignment with legislative intent and context over rigid deference.
ERROR BY THE BOARD RE DISTURBANCE - [303] Even if the standard of review is reasonableness, the Board made an unreasonable error in law to award pre-expropriation disturbance damages for Central's claimed loss of profit, vendor discounts a...
AI summary The Board erred in awarding pre-expropriation disturbance damages for Central's claimed losses (profit, vendor discounts, operating costs) from 2001 expansion plans. The error was deemed unreasonable under the reasonableness standard, referencing Dunsmuir 's emphasis on justification, transparency, and acceptable outcomes in administrative decisions.
REPEAL AND AMENDMENT
AI summary The document outlines a regulatory proceeding related to the repeal and amendment of certain regulations, though no specific details or arguments are presented in the provided text.
Administrative penalties - 52E (1) In this Section, "Fuel Adjustment Mechanism" means the fuel adjustment mechanism approved by the Board for use by Nova Scotia Power Incorporated in orders dated December 10, 2007, (Board Case Number M0049...
AI summary The section defines the Fuel Adjustment Mechanism (FAM) and outlines rules for administrative penalties against Nova Scotia Power Incorporated (NSPI). Penalties aim to promote compliance, not punitive measures, with an annual cap of $1 million. Penalties must be credited to customers via FAM or other methods, and they are excluded from NSPI's rate of return calculations under the 2015 Act.
ELECTRICITY EFFICIENCY AND CONSERVATION
AI summary The document pertains to regulatory proceedings concerning electricity efficiency and conservation in Nova Scotia, involving entities like Efficiency Nova Scotia, Nova Scotia Power, and regulatory bodies such as the Nova Scotia Utility and Review Board. Key topics include demand-side management, integrated resource planning, and legislative frameworks like the Electricity Efficiency and Conservation Restructuring Act.
Interpretation - 79A In this Section and Sections 79B to 79V, - (a) "affiliate" means an affiliate within the meaning of Companies Act , and includes a person that Nova Scotia Power Incorporated does not deal with at arm's length; - (b) "e...
AI summary Section 79A defines key terms including 'affiliate,' 'electricity efficiency and conservation activities,' and 'franchise.' It references the Electricity Efficiency and Conservation Restructuring (2014) Act, the Personal Information Protection and Electronic Documents Act (Canada), and the Companies Act. Definitions focus on regulatory frameworks for energy efficiency and conservation programs.
Application for franchise - 79B (1) Upon invitation by the Minister, a person may apply for a franchise. - (2) An applicant for a franchise shall provide the Minister with such information as may be prescribed, in such time and manner as m...
AI summary The document outlines provisions for franchise applications in Nova Scotia, requiring applicants to provide prescribed information upon the Minister's invitation. It explicitly prohibits Nova Scotia Power Incorporated (NSPI) and its affiliates from applying, citing the Electricity Efficiency and Conservation Restructuring (2014) Act.
(2) A franchise - (a) gives the franchise holder the exclusive right to supply Nova Scotia Power Incorporated with reasonably available, costeffective electricity efficiency and conservation activities for the purpose of this Act; - (b) is...
AI summary The franchise grants Efficiency Nova Scotia Corporation (ENSC) exclusive rights to provide electricity efficiency services to Nova Scotia Power Incorporated (NSPI) for nine years. It outlines termination conditions, compliance reviews by the Board, and requirements for Ministerial approval of transfers. The EECR Act (2014) is referenced as the legislative basis.
Information and assistance for new franchise holder - 79E (1) In the event of the termination or expiration of a franchise, the franchise holder shall provide a new franchise holder with the information in its possession or control, includ...
AI summary When a franchise terminates or expires, the franchise holder must provide information and assistance to a new franchise holder or NSPI to ensure uninterrupted electricity efficiency and conservation activities. Confidentiality is required, except for public or legally mandated disclosures. This provision is under the Electricity Efficiency and Conservation Restructuring (2014) Act.
Transition of franchise activities to new franchise holder - 79F (1) Notwithstanding any agreement to the contrary, in the event of the termination or expiration of a franchise, any agreement between the franchise holder and any other pers...
AI summary The text outlines procedures for transferring franchise activities to a new holder, including assignment of agreements, liability divisions, and the Board's supervisory role. The Minister and Board determine compensation for information provided during transitions, with Nova Scotia Power Incorporated liable for reimbursements. Legal protections are specified for all parties involved.
Board supervision - 79G (1) The Board has the general supervision of a franchise holder in relation to the franchise holder's franchise activities, and may make all necessary examinations and inquiries, keep itself informed as to the compl...
AI summary The Nova Scotia Utility and Review Board (Board) oversees franchise holders, requiring them to comply with laws, provide information, and undergo independent savings reviews. The Board may mandate assessments of franchise activities, fiscal management, and value-for-money efficiency. Reports must be submitted upon request, with terms set by the Board. These provisions are outlined in the Electricity Efficiency and Conservation Restructuring (2014) Act.
Board determines required activities 79H The Board shall determine the cost-effective electricity efficiency and conservation activities that must be undertaken for the purpose of this Act. 2014, c. 5, s. 15.
AI summary The Nova Scotia Utility and Review Board is mandated to determine cost-effective electricity efficiency and conservation activities under the Electricity Efficiency and Conservation Restructuring (2014) Act, section 15.
N.S. Power Inc. to undertake activities - 79I (1) On and after the Implementation Date, Nova Scotia Power Incorporated shall undertake cost-effective electricity efficiency and conservation activities that are reasonably available in an ef...
AI summary Nova Scotia Power Inc. (NSPI) is required to implement cost-effective electricity efficiency and conservation activities post-Implementation Date. NSPI may fulfill this obligation via agreements with franchise holders (approved by the Board) or alternative methods approved by the Board. Exceptions include rate structure development, financing arrangements, charitable activities, and other Board-approved initiatives, as outlined in the Electricity Efficiency and Conservation Restructuring (2014) Act.
(2) Each agreement must - (a) be for a term of three years, ending on December 31st of the third year of the agreement; - (b) not be terminable or terminated unless the franchise holder's franchise is terminated or the termination is appro...
AI summary Agreements must be three-year terms, non-terminable without Board approval, outline efficiency activities by franchise holders, and specify payments to them. If agreements fail, the Board may intervene to establish terms. Applications under subsection (3) are treated as Section 79L approvals.
Information for franchise holder - 79K (1) Nova Scotia Power Incorporated shall provide a franchise holder with such information in its possession or control, including records and personal information, respecting customer electricity usag...
AI summary Nova Scotia Power Incorporated (NSPI) must provide franchise holders with customer electricity usage data to support energy efficiency programs. Franchise holders may request this information, and NSPI must comply within a reasonable period. Confidentiality applies except for publicly available or legally required disclosures. Disputes may be resolved by the Nova Scotia Utility and Review Board (NSUARB).
Board's approval of agreements - 79L (1) No agreement between Nova Scotia Power Incorporated and a franchise holder, including an agreement amending such an agreement, is valid until it has been approved by the Board pursuant to this Secti...
AI summary The Nova Scotia Utility and Review Board (Board) mandates approval of agreements between Nova Scotia Power Incorporated (NSPI) and franchise holders. The process requires both parties to submit information, with franchise holders primarily responsible for justifying electricity efficiency activities. The Board must ensure affordability and alignment with customer interests, referencing Section 79J and the Electricity Efficiency and Conservation Restructuring (2014) Act.
Termination of agreements - 79N (1) Neither party to an agreement approved pursuant to Section 79L may terminate the agreement without the approval of the Board[.] - (2) Notwithstanding Sections 79I and 79J, upon receiving an application t...
AI summary The text outlines rules for terminating agreements approved under Section 79L, requiring Board approval. The Board may direct parties, terminate agreements, or allow NSPI to meet obligations under specific conditions, referencing the 2014 legislation.
First franchise - 79Q (1) Notwithstanding clause 79C(2)(b), the first franchise granted after the coming into force of this Section expires December 31, 2025. - (2) Notwithstanding Sections 79I and 79J, for the purpose of Section 79I, Nova...
AI summary Section 79Q outlines terms for the first franchise post-implementation, including a 2025 expiration date, a 2015 initial agreement between Nova Scotia Power and the franchise holder for electricity efficiency activities, and requirements for proposal submission and Board approval. Legal references include 2014 and 2015 legislative amendments.
Spending and cost-recovery for activities of franchise holder - 79R (1) In making an order approving electricity efficiency and conservation activities pursuant to Section 79Q, the Board shall approve the amount that the franchise holder m...
AI summary The Board approves spending and cost recovery for electricity efficiency activities, capping at $35M adjusted by Efficiency Nova Scotia's 2013 over-recovery. Recovery is deferred over eight years, with performance requirements and payment terms outlined. The EECR Act (2014, c.5, s.15) is referenced.
Allocation of costs recoverable 79S The Board may, when approving an application made pursuant to Section 79L or 79Q, determine the manner in which any costs recoverable by Nova Scotia Power Incorporated from its customers must be allocate...
AI summary The Board has authority to allocate costs recoverable by Nova Scotia Power Incorporated (NSPI) from customers under Sections 79L and 79Q, considering the Rate Smoothing Adjustment from its 2014 order (c. 5, s. 15). This determines how costs are distributed among customers.
creation of the new Energy Efficiency Corporation, our environment will also benefit, for - sure. Reducing the use of fossil fuels results in cleaner air for Nova Scotians. This brings us closer to - meeting our goals to have one of the cl...
AI summary Bill No. 49 proposes creating an independent Energy Efficiency Corporation to manage DSM funds, praised for reducing fossil fuel use but criticized for insufficient independence and governance oversight. The speaker supports the move but emphasizes concerns about the corporation's autonomy and lack of meaningful oversight mechanisms.
- Let's not forget in all this that as much as this was a recommendation, as much as this makes sense to - go, that consumers will be paying for this on their electrical bill, starting January 1st . So electric bills - will rise on January...
AI summary The speaker highlights that electricity rates will increase starting January 1st due to the DSM charge, emphasizing that consumers, industrials, and businesses will bear the cost. They express concern about the government not adequately addressing the rate hikes and question the integration of Conserve Nova Scotia into Efficiency Nova Scotia Corporation.
6. SAFETY 3 34 - 4 5 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6 7 8 9 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and repre...
AI summary EfficiencyOne is mandated to manage safety and loss in the EECA, ensuring compliance with all federal, provincial, and municipal health, safety, and environmental regulations. The entity must enforce these standards across its employees, subcontractors, and agents.