Topic:"Procurement Practices" in M06733

NOV A SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act, R.S.N.S. 1989, c. 30 as amended -and- IN THE MATTER OF: An Application by EfficiencyOne for Approval of an electricity efficiency and conservation and Supply...

AI summary The Nova Scotia Utility and Review Board is considering an application by EfficiencyOne for approval of an electricity efficiency and conservation agreement with NSPI (Nova Scotia Power Inc.) from 2016 to 2018, under the Public Utilities Act, R.S.N.S. 1989, c. 30, as amended, specifically section 791.

NOTICE OF APPLICATION TO: The Nova Scotia Utility and Review Board ("UARB" or "the Board") - 1. The Electricity Efficiency and Conservation Restructuring (201 4) Act, S.N.S. 2014, c. 5 effected a new regime for the delivery of electricity...

AI summary EfficiencyOne seeks a Board decision to finalize a three-year Supply Agreement with NSPI under the Public Utilities Act, following failed negotiations. The application references a prior franchise granted in 2014 under the Electricity Efficiency and Conservation Restructuring Act, and cites Board Order M06247. EfficiencyOne asserts the agreement serves the public interest.

Appendix B Supply Agreement Outstanding Items The following items remain outstanding in the 2016-2018 Supply Agreement with NS Power:

AI summary The 2016-2018 Supply Agreement with Nova Scotia Power Inc. (NSP) has unresolved items that remain outstanding, indicating areas requiring further attention or resolution within the regulatory proceeding.

Update on Implementation of 2013 Verification and Evaluation Recommendations B C E F G K 115 116 Track basic key performance metrics for procurement: There is no central file management system for procurements for the business units. There...

AI summary The document discusses the implementation of a 2013 recommendation to track key performance metrics for procurement. ENSC agrees with the recommendation and confirms it was implemented, although currently, there is no central file management system for procurements, and data retrieval requires manual efforts.

n, proceeding or claim; and (iii) any costs, liabilities or damages arising out of a settlement of a claim by the indemnified party, with or without the consent of the indemnifying party. (q) " Law " means the common law, the law of equity...

AI summary The text defines legal terms and obligations in a regulatory proceeding involving EfficiencyOne and NSPI (Nova Scotia Power Inc.), including indemnification, liabilities, and references to the Act. Key terms include 'Law,' 'Liens Indemnities,' and 'Personal Information,' with definitions tied to legal frameworks and statutory obligations.

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's covenants with NSPI include legal obligations to perform EECA services, compliance with laws, subcontractor management, and notification of supply disruptions. EfficiencyOne must ensure licensed personnel, maintain permits, and remain responsible for subcontractors' work. NSPI and UARB are referenced as stakeholders.

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 against liabilities except those caused by the other party's negligence or wilful misconduct. EfficiencyOne must defend NSPI against third-party intellectual property claims related to its obligations under the agreement, with specific provisions for legal costs and settlements.

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 section outlines the liability limits for both EfficiencyOne and NSPI under the agreement. Each party's liability is capped at $2 million, except in cases involving indemnification, wilful misconduct, or refund obligations, which are excluded from the cap.

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 party retains sole ownership of their respective brands and trademarks. Upon termination, each party must return or destroy the other's intellectual property as instructed. The agreement outlines mutual restrictions on brand usage without consent.

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...

AI summary EfficiencyOne must indemnify NSPI against liens or claims arising from subcontractors or other parties involved in the EECA. NSPI can offset costs if EfficiencyOne fails to discharge these liens, with EfficiencyOne having the right to contest them with a bond. NSPI's liability is capped at amounts payable to EfficiencyOne.

1 IN WITNESS THEREOF , the Parties have duly executed this Agreement, in duplicate, as of the 2 date set forth above. 1 2 3 4 (s.14), intellectual property (s. 17), notification (s. 21) and general provisions (s. 26) as well as any provisi...

AI summary This document outlines an agreement between EfficiencyOne and Nova Scotia Power Incorporated, including confidentiality and non-disclosure terms. It references the UARB's approval of performance standards and includes sections on intellectual property, liability, and general provisions.

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...

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

Nova Scotia Utility and Review Board IN THE MATTER OF The Public Utilities Act, R.S.N.S. 1989, c.380, as amended. - and - IN THE MATTER OF AN APPLICATION by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Co...

AI summary The Nova Scotia Utility and Review Board is considering EfficiencyOne's application for approval of a supply agreement with Nova Scotia Power Inc., establishment of a final agreement, and approval of a 2016-2018 Demand Side Management (DSM) Plan under the Public Utilities Act. The proceeding is referenced as M06733.

1 Figure 2. Percentage Change from Approved to Actual $ and GWh 2 2013 4 2014 5 6 3 7 It appears from these benchmarks that EfficiencyOne's programs 8 are the largest (per capita) and most expensive ($/kWH) of the Canadian 9 administrators...

AI summary EfficiencyOne's programs are the largest and most expensive in Canada, with performance differing from plans. The UARB is asked to validate EfficiencyOne's cost projections, with recommendations to review competitive procurement and benchmark budgets against other administrators.

ncing/leasing program to be offered nationally in conjunction with participating utilities. This project included program design, role of financial institutions, marketing approach, and related tasks. For a utility affiliate, developed int...

AI summary The text outlines the development of a national ncing/leasing program in collaboration with utilities, involving program design, financial institution roles, and marketing strategies. It also details a utility affiliate's efforts in integrating commodity supply, performance contracting, and financing in deregulated markets, along with joint bids and contract securing with a power marketing subsidiary.

Attachment A Page 6 of 6 2016-2018 DSM NS Power Evidence Appendix A Page 49 of 100 For a utility affiliate, established channel strategy and led negotiations with the world's largest manufacturer of HVAC equipment to co-market energy infor...

AI summary The text details activities involving a utility affiliate's strategic initiatives, including partnerships with HVAC and building controls manufacturers, staff transitions, compensation structures, acquisition analysis, sales management, and contract development. These efforts focus on expanding market reach, improving operational frameworks, and enhancing business planning through collaboration and internal restructuring.

NON-CONFIDENTIAL 2 affordable for NS Power's customers. Commenting on the inappropriateness of the flexibility 3 which E1 is proposing to afford itself under the Supply Agreement, in NS Power's Evidence at 1 provided as well as the means o...

AI summary The text discusses concerns raised by NS Power regarding the flexibility proposed by E1 under the Supply Agreement, noting that it could significantly affect the outcome, equity, rate impacts, and cost of the Plan. NS Power emphasizes that its activities are consultative and align with current procurement practices, not granting E1 significant influence over DSM.

NOTICE OF HEARING EfficiencyOne has made Application to the Nova Scotia Utility and Review Board ("Board") for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia Powe...

AI summary EfficiencyOne seeks approval from the Nova Scotia Utility and Review Board for a supply agreement with Nova Scotia Power Inc. and a 2016-2018 Demand Side Management Resource Plan. The hearing details, deadlines for participation, and access to the application are outlined, with Matter No. M06733 referenced.

IN THE MATTER OF THE PUBLIC UTILITIES ACT -and- IN THE MATTER OF AN APPLICATION by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia Power Inc., th...

AI summary EfficiencyOne seeks approval of a supply agreement with Nova Scotia Power Inc. for electricity efficiency activities and establishment of a final agreement, along with approval of a 2016-2018 Demand Side Management Resource Plan under the Public Utilities Act. The proceeding is before a regulatory board chaired by Peter W. Gurnham, Q.C., with members Kulvinder S. Dhillon and Roberta J. Clarke.

IN THE MATTER OF THE PUBLIC UTILITIES ACT -and- IN THE MATTER OF AN APPLICATION by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia Power Inc., th...

AI summary The document outlines an application by EfficiencyOne for approval of a supply agreement with Nova Scotia Power Inc. for electricity efficiency activities, along with approval of a 2016-2018 Demand Side Management Resource Plan under the Public Utilities Act.

3.10 Agreed form of Supply Agreement [120] El included an Agreed Form of Supply Agreement as Appendix J of its application, effective January 2016. The Supply Agreement generally outlines the terms and conditions which each party is expect...

AI summary El submitted an Agreed Form of Supply Agreement as Appendix J, effective January 2016, outlining terms under the PUA. Schedules were left blank pending the Board's decision and Compliance Filing.

3.10.1 Findings [121] The Board has reviewed the Supply Agreement and has no comments at this time. El is ordered to complete the Supply Agreement incorporating the Board's Decision as a part of its Compliance Filing.

AI summary The Board reviewed the Supply Agreement and has no comments but ordered El to complete it, incorporating the Board's decision into the Compliance Filing.

Supply Agreement for Electricity Efficiency and Conservation Activities

AI summary The document outlines a supply agreement focused on electricity efficiency and conservation activities in Nova Scotia, involving EfficiencyOne (E1) and Nova Scotia Power Incorporated (NSPI). The agreement likely addresses collaboration between the parties to advance energy efficiency programs and conservation initiatives.

- (n) "Governmental Authority" means any federal, provincial, regional, municipal or local government or authority or other political subdivision thereof and entity or person exercising executive, legislative, judicial, regulatory or admin...

AI summary The text defines key terms such as 'Governmental Authority,' 'Hazardous Substances,' and 'Indemnified Costs,' emphasizing broad liability for environmental remediation, legal fees, and third-party damages. It outlines scenarios where indemnified parties may incur costs related to legal defense, governmental investigations, and settlements.

8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...

AI summary EfficiencyOne must comply with environmental laws and avoid hazardous substance releases under the EECA. NSPI is entitled to indemnification from EfficiencyOne for any environmental damages caused by their actions, including breaches of environmental regulations.

10. SUBCONTRACTORS - 10.1 EfficiencyOne shall be permitted to subcontract the performance of any part of the EECA without the prior written approval of NSPI. - 10.2 Where EfficiencyOne subcontracts any part of the EECA, EfficiencyOne shall...

AI summary EfficiencyOne may subcontract EECA obligations without NSPI approval but remains fully responsible for subcontractors' actions. Subcontractors have no direct contractual relationship with NSPI. The agreement emphasizes NSPI's rights preservation and EfficiencyOne's liability.

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

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, as outlined in the Agreement and the Act.

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.

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 that certain provisions of the agreement will continue to be effective even after the agreement's expiration or termination, including provisions related to the EECA Plan, confidentiality, indemnity, and intellectual property.

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 clause outlines that the recipient has only limited rights to use confidential information under the agreement, with no licenses granted for any intellectual property rights, whether existing or future.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The Recipient is obligated to indemnify the Disclosing Party against all losses, liabilities, costs, or expenses arising from the Recipient's breach of the Agreement. This obligation persists even after the Agreement's termination.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The Recipient is obligated to indemnify the Disclosing Party against losses, liabilities, costs, or expenses arising from breaches of the Agreement, including legal costs. This indemnity obligation persists even after the Agreement's termination.

James R. Gogan Direct Dial: (902) 563-5920 E-Mail: [email protected] File No. 41736-18 May 19, 2015 Nova Scotia Utility & Review Board PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 3S3 Attention: Doreen Friis, Regulatory Affairs Offi...

AI summary EfficiencyOne seeks approval of a supply agreement with Nova Scotia Power Inc. and a 2016-2018 Demand Side Management (DSM) plan. They respond to information requests, requesting confidentiality for attachments containing proprietary third-party information, arguing disclosure would harm competitive positions and future procurements. A redacted version of one attachment is already filed non-confidentially.

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act , R.S.N.S. 1989, c.380 as amended - and - IN THE MATTER OF: E-ENS-R-15 - EfficiencyOne Application for approval of a Supply Agreement for Electricity Efficienc...

AI summary The Nova Scotia Utility and Review Board is considering amendments to the Public Utilities Act and EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. for electricity efficiency and conservation activities. Matter No. M06733 is referenced.

By Email: [email protected] James R Gogan Counsel for EfficiencyOne The Breton Law Group 292 Charlotte Street Sydney NS B1P 1C7 Dear Mr. Curry & Mr. Gogan: M06733 - EfficiencyOne - Application for Approval of a Supply Agreement for El...

AI summary EfficiencyOne and Nova Scotia Power Inc. seek approval for a supply agreement and a 2016-2018 Demand Side Management (DSM) Plan. The Board received responses to information requests on May 19, 2015, which have been posted publicly and confidentially.

By Email: [email protected] Brian Curry Regulatory Counsel Nova Scotia Power Inc. PO Box 910 Halifax NS B3J 2W5 Dear Mr. Curry: M06733 - EfficiencyOne - Application for Approval of a Supply Agreement for Electricity Efficiency and Con...

AI summary The Board approved the Confidentiality Undertaking for Nova Scotia Power Inc. (NSPI) related to an application for a supply agreement with EfficiencyOne and the 2016-2018 Demand Side Management (DSM) Plan. The assigned Panel includes Peter W. Gurnham, Kulvinder S. Dhillon, and Roberta J. Clarke, though not all confidential information has been reviewed yet. The matter number is M06733.

James R. Gogan Direct Dial: (902) 563-5920 E-Mail: [email protected] File No. 41736-18 June 9, 2015 Nova Scotia Utility & Review Board PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 3S3 Attention: Doreen Friis, Regulatory Affairs Offi...

AI summary EfficiencyOne seeks approval for a supply agreement with Nova Scotia Power Inc. and the 2016-2018 Demand Side Management (DSM) Plan. The application is addressed to the Nova Scotia Utility & Review Board.

Via Email Registered Speakers List Dear Speakers: M06733 EfficiencyOne Application for approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between Efficiency One and Nova Scotia Power Inc. - List of Speake...

AI summary The Nova Scotia Utility and Review Board is conducting a hearing (M06733) regarding EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. for electricity efficiency initiatives. The email notifies registered speakers of the evening session on June 15, 2015, and instructs them to limit remarks to five minutes.

EfficiencyOne Application for approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between Efficiency One and Nova Scotia Power Inc.

AI summary EfficiencyOne seeks regulatory approval for a supply agreement with Nova Scotia Power Inc. to implement electricity efficiency and conservation activities. The application outlines collaboration between the two entities to advance energy-saving initiatives under Nova Scotia's regulatory framework.

Nova Scotia Utility and Review Board Mailing address PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 353 [email protected] Web www.nsuarb.novascotia.ca Office 3rd Floor, 1601 lower Water Street Halifax, Nova Scotia 83J 3P6 1 855 442-4448 (tol...

AI summary The Nova Scotia Utility and Review Board notifies parties of deadlines for responses, final submissions, and rebuttal submissions related to EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. and approval of a 2016-2018 Demand Side Management (DSM) Plan. Attachments include a list of undertakings and an updated exhibit list.

James R. Gogan Direct Dial: (902) 563-5920 E-Mail: [email protected] File No. 41736-18 June 24, 2015 Nova Scotia Utility & Review Board PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 3S3 Attention: Doreen Friis, Regulatory Affairs Off...

AI summary EfficiencyOne submits a non-confidential response to Undertaking #4 in regulatory proceeding M06733, requesting a print exemption due to page volume. Confidential attachments (2,3,5,6,7,8) containing commercially sensitive information will be filed separately. The response relates to a supply agreement with Nova Scotia Power Inc. and approval of a 2016-2018 Demand Side Management (DSM) Plan.

Nova Scotia Utility and Review Board Mailing address PO Box 1692, Unit "M" Halifax. Nova Scotia 83J 353 [email protected] http://nsuarb.nova5<otia.ea Office 3rd Floor, 1601 lower Water Street Halifax. Nova Scotia 831 3P6 1 855 442-4448 (...

AI summary The Nova Scotia Utility and Review Board acknowledges receipt of EfficiencyOne's response to Undertaking U-4, approves a print exemption for specific attachments, and is reviewing the request for confidential treatment. The application involves a supply agreement with Nova Scotia Power Inc. and approval of a 2016-2018 Demand Side Management (DSM) Plan.

Pedlar, Dorothy From: Pedlar, Dorothy Sent: June-25-15 3:21PM To: 'jim@breton!awgroup.com' Cc: '[email protected]'; '[email protected]' Subject: M06733- EfficiencyOne- Application for Approval of Supply Agreement Atta...

AI summary Dorothy Pedlar's email regarding EfficiencyOne's (E1) application for approval of a supply agreement under matter M06733, involving Nova Scotia Power Inc. (NSP). The email includes a board letter as an attachment.

James R. Gogan Direct Dial: (902) 563‐5920 E‐Mail: [email protected] File No. 41736‐18 June 30, 2015 Nova Scotia Utility & Review Board PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 3S3 Attention: Doreen Friis, Regulatory Affairs Off...

AI summary EfficiencyOne seeks approval for a supply agreement with Nova Scotia Power Inc. and a 2016-2018 Demand Side Management (DSM) Plan. The submission includes non-confidential attachments to Undertaking U-4, following the Board's direction. The matter is referenced as M06733.

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: THE PUBLIC UTILITIES ACT - and - IN THE MATTER OF : Application by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between Effic...

AI summary The Nova Scotia Utility and Review Board is considering EfficiencyOne's application for approval of a supply agreement with Nova Scotia Power Inc., focusing on electricity efficiency and conservation activities. The application includes establishing a final agreement and approving a 2016-2018 Demand Side Management (DSM) Plan under the Public Utilities Act.

VIA EMAIL Ms. Doreen Friis Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 1601 Lower Water Street, 3 rd Floor Halifax, NS B3J 3S3 Dear Ms. Friis: RE: M06733 An Application by EfficiencyOne for Approval of a Supply Ag...

AI summary The Small Business Advocate (SBA) submits closing arguments regarding EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. under the Public Utilities Act. The SBA is a signatory to two consensus agreements (Monetary and Non-Monetary) addressing issues raised by their consultant, John Athas.

Deferral and Amortization - 41. The Province submits that a decision on how DSM costs should be recovered (i.e. whether they are deferred or expensed) should generally be made at the same time as the DSM budget is set. The Province submits...

AI summary The Province argues that decisions on deferring or expensing DSM costs should align with DSM budget approvals, balancing affordability and iterative processes. It acknowledges discussions with the Consensus Settlement Agreement parties on cost allocation and suggests deferring DSM expenses due to both short-term and long-term benefits. The Province clarifies that s.79M(6) may apply to NSPI, not E1, and proposes that E1's financing outside NSPI's rate base should be discussed within the Consensus Settlement Agreement framework.

Nova Scotia Utility and Review Board IN THE MATTER OF The Public Utilities Act, R.S.N.S. 1989, c.380, as amended. -and- IN THE MATTER OF AN APPLICATION by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Cons...

AI summary The Nova Scotia Utility and Review Board considers EfficiencyOne's application for approval of a supply agreement with Nova Scotia Power Inc. and a 2016-2018 Demand Side Management (DSM) Plan under the Public Utilities Act. The proceeding involves establishing a final agreement between the parties.

MEMORANDUM To: Nova Scotia Power From: David Pickles Date: July 6, 2015 Re: Review of EOne Undertaking U-4 This memorandum presents the findings of a review of EOne's Undertaking U‐4 in M06733 ‐ EfficiencyOne – Application for Approval of...

AI summary This memorandum from David Pickles reviews EOne's Undertaking U-4 in proceeding M06733, addressing the approval of a supply agreement between EfficiencyOne and Nova Scotia Power for electricity efficiency activities and the establishment of a 2016-2018 Demand Side Management (DSM) Plan.

15 OUTSTANDING ISSUES OF DSM SUPPLY AGREEMENT 16

AI summary The document outlines outstanding issues related to the Demand Side Management (DSM) supply agreement, potentially involving the Integrated Resource Plan (IRP). Key topics include demand-side management and supply agreements, with no specific claims or cross-references provided.

CONCLUSION 2 1 - 3 EfficiencyOne respectfully requests an Order from the Board approving: - 4 (1) The 2016-2018 DSM Resource Plan 88 , as modified by the terms of the Quantum - 5 Agreement and the Consensus Agreement as applicable; and - 6...

AI summary EfficiencyOne requests the Board to approve the modified 2016-2018 DSM Resource Plan and related agreements, including the Supply Agreement and its schedules.

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act , R.S.N.S. 1989, c.380 as amended IN THE MATTER OF: An Application by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Conservat...

AI summary The Nova Scotia Utility and Review Board is considering EfficiencyOne's application for approval of a supply agreement with Nova Scotia Power Inc. The matter involves establishing a final agreement and approving a 2016-2018 Demand Side Management Resource Plan under the Public Utilities Act.

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: THE PUBLIC UTILITIES ACT - and - IN THE MATTER OF: Application by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between Effici...

AI summary EfficiencyOne seeks approval for a supply agreement with Nova Scotia Power Inc., focusing on energy efficiency and conservation. The proceeding also addresses the approval of a 2016-2018 Demand Side Management (DSM) Plan, aiming to establish a final agreement between the parties under the Public Utilities Act.

Via Email: [email protected] David Landrigan General Manager, Regulatory Nova Scotia Power Inc. 1223 Lower Water Street P. 0. Box 910 Halifax, NS B3J 2W5 Dear Mr. Landrigan: M06733 EfficiencyOne Application for Approval of a Suppl...

AI summary Nova Scotia Power Inc. (NSPI) seeks approval for a supply agreement and DSM plan with EfficiencyOne. The objection by Mr. Gogan to ICF International's memorandum is noted, with a deadline for NSPI's response by July 16, 2015. The matter is referenced as M06733.

EfficiencyOne IN THE MATTER OF The Public Utilities Act , R.S.N.S. 1989, c. 380, as amended. - and - IN THE MATTER OF An Application pursuant to Subsection 79J(3) of the Public Utilities Act for Approval of the 2016-2018 Supply Agreement f...

AI summary The document pertains to a regulatory proceeding under the Public Utilities Act, involving an application for approval of a 2016-2018 supply agreement focused on electricity efficiency and conservation activities. The application is made under Subsection 79J(3) of the Act.

CONCLUSION For the reasons set out herein, along with its earlier submissions and evidence, EfficiencyOne continues to respectfully request an Order from the Board approving: (1) The 2016-2018 DSM Resource Plan[44](#page-24-1) , as modifie...

AI summary EfficiencyOne requests the Board approve the 2016-2018 DSM Resource Plan modified by the Quantum and Consensus Agreements, the Supply Agreement, and its schedules. The request is based on prior submissions and evidence.

Nova Scotia Utility and Review Board IN THE MATTER OF The Public Utilities Act, R.S.N.S. 1989, c.380, as amended. -and- IN THE MATTER OF AN APPLICATION by EfficiencyOne for Approval of a Supply Agreement for Electricity Efficiency and Cons...

AI summary The Nova Scotia Utility and Review Board is considering an application by EfficiencyOne for approval of a supply agreement with Nova Scotia Power Inc., along with establishing a final agreement and approving a 2016-2018 Demand Side Management (DSM) Plan under the Public Utilities Act.

BLACKBURN ENGLISH BARRISTERS A A SOLICITORS E.A. Nelson Blackburn, Q.C. David F. English, B.Comm., LLB Joseph M.J. Cooper, Q.C. Janet Nolan Conrad, B.A., LLB Paul B. Miller, MBA, LLB Derek M. Land, B.A., LLB Martha L. Beyea, LLB Ellen R. B...

AI summary EfficiencyOne seeks approval for a 2016-2018 supply agreement with Nova Scotia Power Inc. under the Public Utilities Act. The Small Business Advocate confirms no reply submissions will be filed, reaffirming prior submissions dated July 8, 2015.

To Interested Parties M06733 - EfficiencyOne Application for Approval of a Supply Agreement for Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia Power Inc., the establishment of a final agreement bet...

AI summary EfficiencyOne applied for approval of a supply agreement with Nova Scotia Power Inc. (NSPI), including a 2016-2018 DSM Plan. NSPI submitted a memorandum by David Pickles critiquing EfficiencyOne's (E1) incentive levels, which E1 objected to as new evidence. NSPI argued the memorandum was admissible due to E1's prior failure to address incentive rationale, E1's use of U-4 documents, and the memorandum's reliance on E1's own evidence.

3.10 Agreed form of Supply Agreement [120] El included an Agreed Form of Supply Agreement as Appendix J of its application, effective January 2016. The Supply Agreement generally outlines the terms and conditions which each party is expect...

AI summary El submitted an Agreed Form of Supply Agreement as Appendix J, effective January 2016, outlining terms under the PUA. Some schedules were left blank pending the Board's decision and Compliance Filing.

3.10.1 Findings [121] The Board has reviewed the Supply Agreement and has no comments at this time. El is ordered to complete the Supply Agreement incorporating the Board's Decision as a part of its Compliance Filing.

AI summary The Board reviewed the Supply Agreement and has no comments. El is ordered to complete the Supply Agreement incorporating the Board's Decision in its Compliance Filing.

James R. Gogan Direct Dial: (902) 563-5920 E-Mail: [email protected] File No. 41736-18 September 15, 2015 Nova Scotia Utility & Review Board PO Box 1692, Unit "M" Halifax, Nova Scotia B3J 3S3 Attention: Doreen Friis, Regulatory Affair...

AI summary EfficiencyOne files compliance documents related to a supply agreement with Nova Scotia Power Inc. and the approval of a 2016-2018 Demand Side Management (DSM) Plan under matter M06733. The filing includes the compliance submission, supply agreement with schedules, and a tracked change version of the DSM Plan.

EfficiencyOne IN THE MATTER OF The Public Utilities Act , R.S.N.S. 1989, c. 380, as amended. - and - IN THE MATTER OF An Application pursuant to Subsection 79J(3) of the Public Utilities Act for Approval of the 2016-2018 Supply Agreement f...

AI summary The document pertains to a regulatory proceeding under the Public Utilities Act, R.S.N.S. 1989, c. 380, involving an application for approval of a 2016-2018 supply agreement focused on electricity efficiency and conservation activities.

SUPPLY AGREEMENT EfficiencyOne was directed to complete the Supply Agreement in accordance with the Decision of the Board. Subsequent to the decision of the Board, EfficiencyOne and NS Power worked together in an effort to finalize the Agr...

AI summary EfficiencyOne was directed by the Board to finalize a Supply Agreement with NS Power. Both parties collaborated post-Board decision and anticipate filing the executed agreement soon. The current agreement form, aligned with the Board's decision, is submitted as part of the Compliance Filing.

8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...

AI summary EfficiencyOne must comply with environmental laws and avoid hazardous substance releases. They must indemnify NSPI for any breaches, covering costs from releases caused by EfficiencyOne or their subcontractors.

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's covenants with NSPI include warranties of authority, compliance with laws, use of licensed personnel, and responsibility for subcontractors. EfficiencyOne must ensure proper execution of the EECA, maintain permits, and notify NSPI and UARB of supply disruptions. Subcontractors are permitted without NSPI approval, but EfficiencyOne remains fully liable for their actions.

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

AI summary The Parties have executed a confidentiality agreement (Schedule D). EfficiencyOne is obligated to secure NSPI's personal information and indemnify NSPI for liabilities arising from misuse or unauthorized disclosure of such information.

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 assumes liability for losses caused by its personnel and indemnifies NSPI against claims arising from its breach of the agreement, except for NSPI's negligence. NSPI reciprocates this indemnity for its own breaches. Both parties agree to defend each other against third-party intellectual property claims related to EfficiencyOne's obligations.

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 party's intellectual property, including brands and trademarks, remains their sole property. Upon termination, each party must return or destroy the other's intellectual property as instructed.

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...

AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims arising from subcontractors or third parties related to the EECA. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset costs if EfficiencyOne fails to act. NSPI may require a bond from EfficiencyOne to contest liens, and NSPI's liability is capped at amounts payable to EfficiencyOne. The Builders' Lien Act of Nova Scotia is referenced.

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 (...

AI summary The Recipient is granted only limited rights to use Confidential Information under the Agreement, with no licenses provided under any intellectual property rights, including patents, copyrights, or other industrial property rights.

Nova Scotia Utility and Review Board Mailing address PO Box 1692, Unit "M" Halifax, Nova Scotia 83J 3S3 [email protected] httD://nsuarb.novascotia.ca Office 3rd Floor, 1601 Lower Water Stree1 Halifax, Nova Scotia 83J 3P6 1 855 442-4448 (...

AI summary The Nova Scotia Utility and Review Board requests EfficiencyOne to confirm if changes were made to the supply agreement text since the original application filing, asking for a black-lined version if so. The proceeding involves approval of a 2016-2018 Demand Side Management (DSM) Plan between EfficiencyOne and Nova Scotia Power Inc.

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

AI summary The Parties agree to a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities arising from misuse or unauthorized disclosure of such information, including intentional, inadvertent, or negligent breaches.

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 indemnity clauses, absolving each other of liability for risks caused by their own employees or subcontractors, except for negligence or wilful misconduct. Both parties must indemnify the other against breaches of the agreement, with EfficiencyOne also responsible for defending against third-party intellectual property claims related to its obligations.

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 party's intellectual property, including brands and trademarks, remains solely owned by the respective party. Upon termination, each must return or destroy the other's intellectual property as instructed. The agreement outlines mutual obligations regarding brand usage and post-termination handling.

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...

AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims arising from subcontractors or third parties related to the EECA. EfficiencyOne must promptly discharge such liens, with NSPI having the right to offset costs if EfficiencyOne fails. NSPI's liability is capped at amounts payable to EfficiencyOne, and EfficiencyOne may contest liens with a satisfactory bond.

- (n) " Governmental Authority " means any federal, provincial, regional, municipal or local government or authority or other political subdivision thereof and entity or person exercising executive, legislative, judicial, regulatory or adm...

AI summary The text defines key terms such as 'Governmental Authority,' 'Hazardous Substances,' and 'Indemnified Costs' within a regulatory framework, emphasizing environmental regulations, liability, and indemnification.

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 must protect NSPI's customers and third parties from property damage caused by EECA activities. They are liable for damages incurred during EECA performance, covering costs and indemnifying NSPI against claims, except when damage results from NSPI's negligence or legal responsibility.

8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...

AI summary EfficiencyOne and its subcontractors must comply with environmental laws and avoid hazardous substance releases. EfficiencyOne is required to indemnify NSPI for any costs arising from breaches of environmental laws or hazardous substance releases linked to their activities.

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

AI summary The Parties agree to a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities arising from misuse or unauthorized disclosure of such information.

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 for losses caused by each other's negligence or wilful misconduct. EfficiencyOne must defend NSPI against third-party claims of intellectual property infringement related to EECA obligations. Both parties exclude liability for their own negligence.

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 section outlines that neither party can be held liable for consequential losses, with each party's liability capped at $2 million, except for specific exclusions like indemnification, wilful misconduct, and refund obligations.

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 all branding and trademarks used in EECA services belong exclusively to their respective parties. Upon termination, each party must return or destroy the other's intellectual property as instructed. The agreement outlines mutual obligations regarding brand usage and ownership during and after the agreement's term.

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...

AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims arising from subcontractors or third parties involved in EECA projects. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset costs if EfficiencyOne fails. NSPI may require a bond for contested claims, and liability is capped at amounts payable to EfficiencyOne.

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 to limited rights for using Confidential Information, explicitly stating no licenses are granted under any intellectual or industrial property rights, including patents, copyrights, or discoveries, either currently or in the future.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The indemnity clause requires the Recipient to compensate the Disclosing Party for losses, liabilities, costs, or expenses arising from the Recipient's breach of the agreement. This obligation remains in effect even after the agreement's termination.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The Recipient is obligated to indemnify the Disclosing Party against all losses, liabilities, costs, and expenses arising from the Recipient's breach of the Agreement, including legal costs. This indemnity obligation remains in effect even after the Agreement's termination.

IN THE MATTER OF THE PUBLIC UTILITIES ACT - and - IN THE MATTER OF AN APPLICATION for Approval of a Supply Agreement for electricity efficiency and conservation activities between EfficiencyOne and Nova Scotia Power Incorporated, the estab...

AI summary The Nova Scotia Utility and Review Board considered an application by EfficiencyOne and Nova Scotia Power Incorporated for approval of a supply agreement, final agreement establishment, and a 2016-2018 Demand Side Management Resource Plan. Intervenors included consumer advocates, industry groups, and environmental organizations. A public hearing was held, and a decision was issued on August 12, 2015.

investigation, proceeding or claim; and - (iii) any costs, liabilities or damages arising out of a settlement of a claim by the indemnified party, with or without the consent of the indemnifying party. - (q) "Law" means the common law, the...

AI summary This section defines key legal terms for a regulatory proceeding involving NSPI and EfficiencyOne, including definitions of 'Law,' 'Liens Indemnities,' 'Personal Information,' and references to the Act. It outlines indemnification obligations, liabilities, and environmental regulations applicable to NSPI and EfficiencyOne's operations and property.

8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...

AI summary Section 8 outlines environmental obligations for EfficiencyOne and its subcontractors under the EECA, requiring compliance with environmental laws and prohibiting hazardous substance releases. EfficiencyOne must indemnify NSPI against costs arising from such releases or environmental law breaches.

10. SUBCONTRACTORS - 10.1 EfficiencyOne shall be permitted to subcontract the performance of any part of the EECA without the prior written approval of NSPI. - 10.2 Where EfficiencyOne subcontracts any part of the EECA, EfficiencyOne shall...

AI summary EfficiencyOne may subcontract EECA work without NSPI's approval but remains fully responsible for subcontractors' actions. No direct contractual relationship exists between NSPI and subcontractors.

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

AI summary The section outlines confidentiality obligations, requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or disclosure. Key parties are EfficiencyOne and NSPI.

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 assumes liability for risks caused by its personnel, excluding NSPI's negligence, and agrees to indemnify NSPI against breaches of the agreement. NSPI reciprocates this indemnification for its own breaches. Both parties are protected from third-party claims related to EECA intellectual property, with EfficiencyOne responsible for defense and damages.

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 exclusive ownership of their respective brands and trademarks. Upon termination, each party must return or destroy the other's intellectual property as instructed. The agreement governs use of EfficiencyOne's brands during EECA provision and NSPI's brands in business operations.

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 Section 18 outlines EfficiencyOne's obligation to indemnify NSPI and its affiliates against liens or claims arising from subcontractors related to EECA. NSPI may offset costs if EfficiencyOne fails to discharge liens, and EfficiencyOne may contest liens with a bond. NSPI's liability is capped at amounts payable to EfficiencyOne.

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 Defines 'Residual Information' as knowledge retained in unaided memory and prohibits its use post-agreement. Emphasizes that intentional memorization for later use disqualifies information as 'residual.'

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 are granted under any intellectual property rights, including patents, copyrights, or industrial property rights, either currently or in the future.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The indemnity clause requires the Recipient to compensate the Disclosing Party for losses arising from breaches of the agreement, including legal costs. The obligation persists even after the agreement's termination.

Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...

AI summary The indemnity clause requires the Recipient to compensate the Disclosing Party for losses arising from breaches of the Agreement, including legal costs. This obligation persists even after the Agreement's termination.

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 Supply Agreement and the 2016-2018 Demand Side Management (DSM) Resource Plan. The Consensus Agreement outlines terms approved by the Nova Scotia Utility and Review Board (UARB), with parties reserving the right to amend positions based on further evidence. Key stakeholders include the Consumer Advocate, Small Business Advocate, and Ecology Action Centre.

- As the franchise holder, EfficiencyOne is considered to be a public utility in relation to these activities. - The supply of electricity efficiency and conservation activities will be administered by the Efficiency Nova Scotia franchise...

AI summary EfficiencyOne, as the franchise holder, administers electricity efficiency and conservation services with NSPI under a UARB-approved contract. The 2015 transition year had a $35M spending cap plus ENSC over-recovery. Amortization for 2015 costs was 8 years, but 2016+ periods remain undetermined. UARB sets performance requirements, and EfficiencyOne bears financial risks for DSM programs.