Topic:"Procurement Practices" in M12780

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 by EfficiencyOne for Approval of the 2027–2031 Demand-Side Management (DSM) Purchase Agreement between Effic...

AI summary EfficiencyOne seeks approval for a 2027–2031 Demand-Side Management (DSM) Purchase Agreement with Nova Scotia Power Inc., along with establishing a final agreement and approving a DSM Resource Plan under the Public Utilities Act, R.S.N.S. 1989, c.380 as amended.

1.2 APPROVAL OF PURCHASE AGREEMENT WITH NS POWER - E1 also requests the NSEB's approval of its Purchase Agreement with NS Power, together with the - associated Performance Targets, which is attached in redline form as Appendix "D" and in c...

AI summary E1 seeks NSEB approval for a Purchase Agreement with NS Power, including Performance Targets. The agreement's terms align with previously approved DSM Plans (2016–2018, 2019, 2020–2022, 2023–2025, 2026 Extension). Appendices D (redline) and E (clean) are provided.

pendix A, section 9.4 and in the Innovation Framework, Process and Plan for 2027–2031 included as Attachment 5 to Appendix A. Further discussion is also provided in Appendix A at sections 7.1 and 7.2. In response to the concerns regarding...

AI summary E1 excluded Residential Behaviour from its Preferred Plan due to cybersecurity issues affecting its My Efficiency Insights portal, limiting performance data to 12 months. The platform was deemed unsuitable for marketing due to design limitations, vendor constraints, and reporting delays, despite initial evaluation for repurposing.

- 9 organizations, and DSM administrators, where appropriate, through market research and market comparisons prepared by independent third parties. E1 worked closely with subject matter experts to examine current market conditions when con...

AI summary E1 emphasizes competitive procurement, independent reviews, and process improvements to ensure cost-effective program delivery. Methods include third-party audits, multi-year contracts, and digital channel enhancements to reduce administrative and transaction costs while aligning incentive methodologies with market conditions.

1.2 REPORT ORGANIZATION - Appendix A provides the following: - overview of the development of the Preferred Plan including approach and methodology; - overview of the proposed portfolio and program targets, investment levels, and performan...

AI summary The report outlines its organizational structure, detailing sections covering DSM plan results, development approaches, portfolio overviews, program descriptions, enabling strategies, performance metrics, and reporting. Appendix A includes the Preferred Plan's methodology, program targets, and a DSM Purchase Agreement under the PUA. Sections 2–13 provide historical data, plan development, program specifics, and evaluation frameworks for 2027–2031.

2.2.2 RESIDENTIAL BEHAVIOUR PROGRAM - Residential Behaviour, re-introduced as a program component in the 2023–2026 Plan, experienced a - delayed launch with implementation beginning in Q2 2024. In 2023, E1 collaborated with NS Power to - a...

AI summary The Residential Behaviour Program, part of E1's 2023–2026 plan, faced delays, underperformance due to lower savings, and an indefinite pause in 2025 after a cybersecurity incident at NS Power. Savings fell below targets in 2024 and 2025, with the program removed from the 2027–2031 DSM Preferred Plan due to vendor and platform constraints.

- 1 (n) "Governmental Authority" means any federal, provincial, regional, municipal or 2 local government or authority or other political subdivision thereof and entity or 3 person exercising executive, legislative, judicial, regulatory or...

AI summary The text defines legal terms related to governmental authorities, hazardous substances, and indemnified costs, including liabilities and expenses tied to environmental remediation, legal actions, and governmental investigations. It outlines the scope of indemnification for third-party claims and regulatory proceedings.

11 7. PROTECTION OF PROPERTY - 12 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of 13 NSPI's customers and other third parties from damage which may occur as the result of 14 the performance of the...

AI summary EfficiencyOne is required to protect NSPI's customers and third parties from property damage during EECADSM performance. If damage occurs, EfficiencyOne must cover costs and indemnify NSPI, except when caused by NSPI's negligence.

22 8. ENVIRONMENT - 23 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws 24 that apply in any way to the supply or performance of the EECADSM. EfficiencyOne and 25 its Subcontractors shall not c...

AI summary Section 8 mandates EfficiencyOne and its subcontractors to comply with environmental laws, prohibiting hazardous substance releases. EfficiencyOne must indemnify NSPI for any environmental law breaches or hazardous substance releases caused by its actions, covering all related costs and liabilities.

1 10. SUBCONTRACTORS - 2 10.1 EfficiencyOne shall be permitted to subcontract the performance of any part of the EECA 3 DSM without the prior written approval of NSPI. - 4 10.2 Where EfficiencyOne subcontracts any part of the EECADSM, Effi...

AI summary EfficiencyOne may subcontract EECA DSM work without NSPI approval but remains fully liable for subcontractors' actions. Subcontractors cannot form direct contracts with NSPI. EfficiencyOne must ensure subcontractors uphold agreement rights and protections.

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

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

7 14. INDEMNITY - 8 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person 9 or property, caused by its directors, officers, employees, Subcontractors, agents or 10 representatives, and agrees not to...

AI summary EfficiencyOne assumes full liability for losses caused by its actions, excluding those due to NSPI's negligence. Both parties agree to indemnify each other against claims arising from breaches, with exceptions for negligence. EfficiencyOne also defends NSPI against third-party intellectual property infringement claims related to EECA DSM.

1 15. LIMIT OF LIABILITY - 2 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect 3 to the performance or non-performance under this Agreement or for any actions 4 undertaken in connection with or...

AI summary The Limit of Liability clause caps EfficiencyOne's and NSPI's liability at $2 million, excluding exceptions like indemnification for third-party claims, wilful misconduct, and refund obligations. Both parties are liable for wilful misconduct but not for contractual payment obligations.

35 17. INTELLECTUAL PROPERTY - 36 17.1 NSPI acknowledges that all branding, trade and business marks of EfficiencyOne used in 37 the course of provision of EECA DSM pursuant to this Agreement, (the "EfficiencyOne 38 Brands") are, and shall...

AI summary NSPI and EfficiencyOne agree that each party's intellectual property, including brands and trademarks, remains their sole property. NSPI cannot use EfficiencyOne's brands without consent, and vice versa. Upon termination, both parties must return or destroy the other's intellectual property as instructed.

4 18. LIENS AND CLAIMS - 5 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their 6 subsidiaries and affiliates (collectively the "Lien Indemnitees" or singularly "Lien 7 Indemnitee") and defend each of them fro...

AI summary EfficiencyOne must indemnify NSPI and its affiliates against losses from liens or claims related to subcontractors or parties involved in the EECA DSM program. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset payments if unresolved. EfficiencyOne may contest liens by providing a bond satisfactory to NSPI, with NSPI liable only up to amounts payable to EfficiencyOne.

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

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

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

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

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

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

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

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

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 legally obligated to indemnify the Disclosing Party against all losses, liabilities, costs, or expenses arising from the Recipient's breach of the Agreement. This obligation remains enforceable even after the Agreement's termination.

Appendix E Proposed Form of DSM Purchase Agreement (Clean) 2027-2031 DSM Resource Plan 1 2 Purchase Agreement for 3 Demand-Side Management Activities 4 5 Between 6 7 Nova Scotia Power Incorporated 8 9 and 10 11 EfficiencyOne 12 13 Effectiv...

AI summary Proposed DSM Purchase Agreement between Nova Scotia Power Incorporated (NSPI) and EfficiencyOne (E1) for 2027-2031, outlining Demand-Side Management (DSM) activities. The agreement is part of a regulatory proceeding, with an effective date of January 1, 2027, and was filed on March 31, 2026.

1 person exercising executive, legislative, judicial, regulatory or administrative 2 functions of, or pertaining to, government. 3 (o) " Hazardous Substances " means any substance or material that is prohibited, 4 controlled or regulated b...

AI summary The text defines key legal terms such as 'Hazardous Substances' and 'Indemnified Costs' within a regulatory framework, emphasizing environmental liabilities, legal obligations, and cost recovery mechanisms. It outlines responsibilities related to hazardous materials, environmental remediation, and third-party liabilities under applicable laws.

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 DSM. 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 against costs arising from environmental law breaches or hazardous substance releases, including liabilities to NSPI's affiliates and stakeholders.

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 authority, compliance with laws, proper execution of DSM, use of licensed personnel, and responsibility for subcontractors. EfficiencyOne must notify NSEB/NSPI of DSM supply disruptions and ensure adherence to regulations. Subcontractors are permitted but EfficiencyOne remains fully liable for their actions.

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

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

14. INDEMNITY - 2 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person 3 or property, caused by its directors, officers, employees, Subcontractors, agents or 4 representatives, and agrees not to ma...

AI summary EfficiencyOne and NSPI agree to mutual indemnification for liabilities arising from their respective actions, excluding negligence or wilful misconduct. EfficiencyOne must defend NSPI against third-party claims of intellectual property infringement related to DSM obligations. Both parties are protected from legal costs and damages except where their own negligence is involved.

17. INTELLECTUAL PROPERTY - 17.1 NSPI acknowledges that all branding, trade and business marks of EfficiencyOne used in the course of provision of DSM pursuant to this Agreement, (the "EfficiencyOne Brands" ) are, and shall remain, the sol...

AI summary NSPI and EfficiencyOne each retain ownership of their respective brands under the DSM agreement. Upon termination, NSPI must return or destroy EfficiencyOne's brands, and EfficiencyOne must return or destroy NSPI's brands.

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' work in DSM projects. EfficiencyOne must promptly discharge such liens, with NSPI able to offset costs if they fail. EfficiencyOne may contest liens 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 the survival of certain provisions of an agreement even after its expiration or termination, including clauses related to the DSM Resource Plan, confidentiality, indemnity, and intellectual property, among others.

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

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

3 Indemnity 4 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any 5 and all loss, liability, cost or expense (including, without limitation, solicitor's costs 6 on a solicitor and client basis and all other co...

AI summary The Recipient is required to indemnify the Disclosing Party against losses arising from breaches of the Agreement, including legal costs. This obligation remains in effect even after the Agreement's termination.

E1 Responses to Nova Scotia Energy Board (NSEB) Information Requests NON-CONFIDENTIAL 1 Request IR-01: 2 3 Evidence – Exhibit E-1, pp.1-71 (pdf pp. 8-78) 4 5 Pdf pg. 9 outlines that the Preferred Plan will save 14 GWh of energy through low...

AI summary The document outlines responses to information requests by the Nova Scotia Energy Board (NSEB) regarding energy savings estimates from E1's programming and a Purchase Agreement with NS Power. E1 refers to previous responses for details on savings calculations and requests confirmation of NS Power's agreement with proposed changes.

ine-files/Focus-on-Energy-2024-TRM.pdf) for measure characterization details. E1 used the annual energy savings, peak demand savings, and effective useful life values from this resource. information. A net-to-gross (NTGR) ratio of 1.0 was...

AI summary The analysis assumes a net-to-gross ratio (NTGR) of 1.0 for a heat pump measure targeting low-income participants, consistent with E1's DSM Plan. Costs are based on 2025 procurement pricing for heat pump services under the Affordable Single-family Homes program. The measure focuses on equity-seeking participants who previously received heat pumps through E1's initiatives.

f energy savings as a percentage of load at 0.8 percent and the recommendation of the energy savings split between residential and business programs. (b) Please refer to part (a) of this IR response. Request IR-23: Page 48 of the Evidence...

AI summary The text discusses EfficiencyOne's (E1) cost management strategies, including competitive procurement practices and multi-year procurement arrangements used in its 2027-2031 DSM Plan to achieve best value and reduce transaction costs. It also requests detailed information on contracts up for competitive procurement and existing and new multi-year procurement arrangements.

Table 1: E1's Programs Delivered by Third Parties Affordable Multifamily Housing ✔ Efficient Product Installation ✔ Home Energy Assessment ✔ HomeWarming ✔ Instant Savings ✔ Mi'kmaw Home Energy Efficiency Project ✔ Strategic Energy Manageme...

AI summary Table 1 lists E1's programs delivered by third parties, including energy efficiency and demand response initiatives. E1's procurement activities are governed by a biennially reviewed procurement policy approved by E1's Board of Directors.

E1's procurement decisions are based on a Best Value Principle that considers the overall value not just price. Other considerations include quality, supplier experience, and sustainability (e.g., environmental impact, social responsibilit...

AI summary E1's procurement decisions follow a Best Value Principle that considers factors beyond price, including quality, supplier experience, and sustainability. The procurement policy also sets dollar thresholds and approval limits to ensure competitive and well-documented processes. IR-24 requests information on a table related to DSM investments, inflation assumptions, and the rationale behind levelizing Demand Response costs over ten years.

GR10030225): Direct testimony of David Nichols regarding New Jersey Natural Gas Company's Proposed Energy Efficiency Program. On behalf of New Jersey Division of the Ratepayer Advocate. July 9, 2010. Virginia State Corporation Commission (...

AI summary The text outlines various testimonies and expert reports provided by individuals on behalf of regulatory bodies and advocacy organizations in multiple states, focusing on energy efficiency programs, integrated resource planning, and competitive procurement processes.

del that best meets cost, capability, accountability, and delivery requirements. Solar Nova Scotia recommends only that qualified private-sector delivery be considered rather than excluded by default. EfficiencyOne already uses external pr...

AI summary Solar Nova Scotia recommends considering qualified private-sector delivery for programs, emphasizing the need for clear procurement standards and oversight. EfficiencyOne currently uses external providers and suggests implementing mechanisms like competitive procurement, standardized work products, and performance metrics within its existing framework.

E1 Rebuttal Evidence With regard to the recommendation that E1 conduct a process evaluation of the delivery of the residential demand response program to identify opportunities for gaining efficiencies and achieving cost reductions, E1's t...

AI summary E1 argues that a separate process evaluation for the residential demand response program is unnecessary, as the 2025 evaluation and the 2027–2031 DSM Plan already address efficiency and cost reduction. E1 also states that its current procurement practices are designed to ensure competitive bidding and market readiness.

Re: EfficiencyOne Application for Approval of Demand Side Management (DSM) Resource Plan and Purchase Agreement for 2027-2031 This letter is an accompaniment to EfficiencyOne's filing of today's date with the Nova Scotia Energy Board ("NSE...

AI summary EfficiencyOne seeks approval from the Nova Scotia Energy Board for its 2027-2031 Demand Side Management (DSM) Resource Plan and Purchase Agreement with Nova Scotia Power Inc. The filing includes a Notice of Application and supporting evidence.

IN THE MATTER OF AN APPLICATION by EFFICIENCYONE for approval of the 2027-2031 Demand-Side Management (DSM) Purchase Agreement between EfficiencyOne and Nova Scotia Power Incorporated, the establishment of a final agreement between the par...

AI summary EfficiencyOne seeks approval for a 2027-2031 Demand-Side Management (DSM) Purchase Agreement and Resource Plan with Nova Scotia Power Incorporated, requesting establishment of a final agreement and approval of the DSM Resource Plan.

April 21, 2026 Nova Scotia Energy Board 3rd Floor, Summit Place 1601 Lower Water Street Halifax, Nova Scotia B3J 3P6 ATTENTION: Crystal Henwood, Clerk of the Board Via Email: [email protected] and Via Fax: (902) 424-3919 Dear Panel Membe...

AI summary EfficiencyOne seeks approval for a 2027-2031 Demand-Side Management (DSM) Purchase Agreement with Nova Scotia Power Incorporated and a DSM Resource Plan. The Kwilmu'kw Maw-klusuaqn Negotiation Office (KMKNO) and Assembly of Nova Scotia Mi'kmaw Chiefs (ANSMC) have filed a notice of intervention.

IN THE MATTER OF AN APPLICATION by EFFICIENCYONE for approval of the 2027-2031 Demand-Side Management (DSM) Purchase Agreement between EfficiencyOne and Nova Scotia Power Incorporated, the establishment of a final agreement between the par...

AI summary EfficiencyOne seeks approval for a 2027-2031 Demand-Side Management (DSM) Purchase Agreement with Nova Scotia Power Incorporated, the establishment of a final agreement, and approval of a DSM Resource Plan.

Request IR-2: - Approval of Purchase Agreement with NS Power: Pdf pg. 9 of the Application states: "E1 also requests the NSEB's approval of its Purchase Agreement with NS Power, together with the associated Performance Targets, which is at...

AI summary Request IR-2 seeks approval of a Purchase Agreement with NS Power, including Performance Targets. Questions focus on NS Power's agreement to changes in Appendix D and the rationale for replacing 'Annual' with 'Total Net' performance targets over the DSM plan's term.

ition of the BNI lighting market and adoption of baselines for various measure types in building codes. Please discuss how E1's investments in lighting measures in 2027-2031 complies with these dates. Request IR-22: Page 48 of the Evidence...

AI summary The document requests details on E1's compliance with lighting market benchmarks and cost management strategies for its 2027-2031 DSM Plan. It also seeks information on competitive procurement practices, including BCA use and contract reviews, to ensure cost efficiency in program delivery.

- Request IR-81: Please refer to the table titled Rate and Bill Impacts of DSM on the Large General Class on page 4 of Appendix B - Attachment 2: Results by Rate Class (2027 - 2031 Preferred Plan), which shows Active Participants and Annua...

AI summary The document includes non-confidential information requests related to Nova Scotia's Demand-Side Management (DSM) programs, focusing on rate impacts, evaluation plans, compensation details, and the purchase agreement. Questions seek clarity on data interpretations, incentive structures, study schedules, demand response capacity, and the updated filing framework.

NOVA SCOTIA ENERGY BOARD IN THE MATTER The PUBLIC UTILITIES ACT OF: -and- IN THE MATTER OF: An Application by EfficiencyOne for approval of the 2027-2031 Demand-Side Management (DSM) Purchase Agreement between EfficiencyOne and Nova Scotia...

AI summary EfficiencyOne seeks approval for a 2027-2031 Demand-Side Management (DSM) Purchase Agreement and Resource Plan with Nova Scotia Power Incorporated under the Public Utilities Act. The application aims to establish a final agreement and secure regulatory approval for the DSM initiatives.