Topic:"Regulatory Approval Processes" in M03413

2 - 3 Nova Scotia Power Inc. (NSPI, the Company) has purchased the assets and development rights - 4 associated with the Digby Wind Project (the Project) located near Gulliver's Cove at the - 5 northeast end of the Digby Neck peninsula, ap...

AI summary Nova Scotia Power Inc. (NSPI) has acquired the Digby Wind Project, a 30 MW wind energy project, and seeks approval from the Nova Scotia Utility and Review Board to proceed with the project at a forecast cost of $82.8 million. The project was originally selected in 2007 and continued after the original developer faced financial difficulties.

18. REPORTS - 18.1 The Proponent shaH submit Project reports satisfactory to the Minister in accordance with the provisions of Schedule B or as otherwise requested by the Minister. - 18.2 Upon completion of tIle Project, the Proponent shal...

AI summary The Proponent must submit project reports to the Minister as per Schedule B or upon request. Upon project completion, the Proponent must declare any additional contributions or payments received beyond those listed in the Proposal.

30. APPROPRIA nON - 30.1 The payment of monies by Canada under this Agreement is subject to there being an appropriation by Parliament for the Fiscal Year in which the payment of monies is to be made. - 30.2 Notwithstanding any other provi...

AI summary Section 30 outlines conditions for Canadian payments under the agreement, requiring parliamentary appropriation for each fiscal year. It also allows Canada to reduce or cancel its financial contribution if Department of Natural Resources funding changes, with provisions for amending the agreement accordingly.

Request to Proceed in Advance of Work Order Approval It is the Company's plan to file a work order for UARB approval of the Digby Wind Project in the near future. Project construction has already begun by NSPI's affiliate. Wind turbines ha...

AI summary NSPI seeks UARB's non-objection to continue constructing the Digby Wind Project before Capital Work Order approval, noting construction has already begun by NSPI's affiliate. Costs will not be included in rate base until Board approval, with potential changes post-review.

Background NSPI intends to construct and seek approval of the Digby Wind Project on a schedule that should allow the energy to be delivered to NSPI customers no later than December 31, 2010. Similar to the Nuttby Mountain Wind Project, the...

AI summary NSPI seeks approval to construct the Digby Wind Project by December 31, 2010, to access ecoENERGY program funding and meet the 2013 Renewable Energy Standard target. The project faces risks if the Board rejects the Capital Work Order, and construction must proceed amid winter limitations. The federal ecoENERGY program provides $9.2M in benefits over a decade.

Conclusion NSP! seeks to confirm that the UARB has no objection to NSP! continuing with project construction, pending the Capital Work Order review and approval process and before receiving a Board decision on the Capital Work Order Applic...

AI summary NSP! requests UARB's confirmation to proceed with the Digby project construction pending Capital Work Order approval. Customers will not bear costs unless the UARB approves the Capital Work Order Application. The Affiliate Code of Conduct applies due to the affiliate transaction, and NSP! offers to provide additional information if needed.

Nova Scotia Power Inc. - Digby Wind Proiect - P-128.1 0 This letter is further to correspondence from the Board dated April 16, 2010, with respect to NSPl's request involving the above-noted project. The Board has reviewed NSPI's request a...

AI summary NSPI requests approval to proceed with the Digby Wind Project construction before Capital Work Order (CWO) approval. The Board notes no objection to advance expenditures at shareholders' risk, provided they are not deemed CWO approval. The affiliate transaction with 3240384 Nova Scotia Limited will undergo rigorous review under the Affiliate Code of Conduct.

e name of the Company as soon as practicable on or after the Time of Closing on the Closing Date and shall add an amount equal to one ($1.00) dollar to the stated capital account for the NSPI Shares. - 3.8 Harmonized Sales Tax. The Company...

AI summary The agreement outlines obligations regarding Harmonized Sales Tax (HST) collection and payment, including conditions for elections under the Excise Tax Act. It also details the Company's responsibilities to transfer permits to the Purchaser, including assisting with applications and documentation.

(g) Options. With respect to the Options: - (i) there have been no amendments, changes or modifications of any of the Options and there are no agreements outside the Options between the Company and any landowner under any Options; - (ii) t...

AI summary The Options are confirmed to be unmodified, with no disputes, defaults, or unpaid fees. Landowners have consented to transactions, and the agreement will not breach any Option terms. All financial obligations have been fulfilled, and no penalties are anticipated.

ARTICLE 10 CONDITIONS PRECEDENT - 10.1 Conditions Precedent for the Company. The Purchaser's obligations under this Agreement are conditional upon the performance of or compliance with the following conditions, each of which may be waived...

AI summary Article 10 outlines mutual conditions precedent for a company and purchaser in a transaction, requiring approvals, compliance with agreements, access to records, absence of legal challenges, and third-party consents. Both parties may waive conditions in writing, with obligations contingent on meeting specified criteria before closing.

ARTICLE 11 CLOSING ARRANGEMENTS - 11.1 Time and Place of Closing. The completion of the transactions contemplated by this Agreement shall take place at the Time of Closing on the Closing Date, at the offices of the Purchaser in Halifax, No...

AI summary Article 11 outlines closing procedures for asset transfers, detailing documents required from both the Company and Purchaser. The Company must deliver legal documents, asset records, and consents, while the Purchaser must provide NSPI shares and a note. Closing occurs at the Purchaser's Halifax offices or another agreed location.

.. .. . ;; · ;;. - . . . . . · . 30191746 Vernon McBride Preliminary Electro-Magnetic I nterference Study April 23, 2009 Genivar SkyPower Corp. Issues Identification Report June 22, 2007 Jacques Whitford Limited SkyPower Corp. Nova Scotia...

AI summary The document contains a list of environmental and regulatory documents related to a project by SkyPower Corp. in Nova Scotia, including studies, reports, and notices from various regulatory bodies and consulting firms.

.... Document Name Date Parties Federal Coordination Notice May 8, 2009 Canadian Environmental Assessment Agency SkyPower Corp. Interim Mi'kmaq Ecological Knowledge Study May, 2009 The Confederacy of Mainland Mi'kmaq (CMM), Environmental S...

AI summary The document lists various regulatory and legal documents related to SkyPower Corp.'s activities, including approvals, permits, and agreements. Key entities involved include SkyPower Corp., Transport Canada, NavCanada, Nova Scotia Power Incorporated, and General Electric.

REQIDRED CONSENTS - 1. Consent of the Nova Scotia Minister of the Environment with respect to the assignment of the Environmental Assessment Approval. - 2. Consent of General Electric Company and General Electric Canada with respect to the...

AI summary The document outlines four required consents for assigning key agreements: Environmental Assessment Approval (Minister of Environment), GE Contract (GE Company and GE Canada), EUS Agreement (Emera Utility Services Inc.), and EcoEnergy Agreement (Minister of Natural Resources). These consents are critical for regulatory approval processes.

2.3 l\10difications to Facility Subject to the provisions of section 4.1 (d), the Seller shall not make any material modification to the Facility during the Term without the prior written consent of NSPI, which consent may be given subject...

AI summary The Seller is restricted from making material modifications to the Facility without NSPI's prior written consent, which may be conditional on compliance with laws, Good Utility Practice, and PPA terms. NSPI is not required to consent if modifications could harm their rights under the PPA or affect the Energy Bid or Name Plate Capacity.

8.1 Reporting of Seller The Seller shall: - (a) provide to NSPI~ no later than that date ("Reporting Date") which is six (6) months prior to each Fiscal Year during the Term~ with an estimate of the Net Output for each month during that Fi...

AI summary The Seller must provide NSPI with detailed reporting obligations, including monthly net output estimates, outage schedules, hourly production forecasts, and real-time wind data for wind energy sources. Updates are required for material changes, and compliance with NSPI's operational information requests is mandated.

13.1 Permits The Seller hereby agrees to obtain and maintain all relevant Permits.

AI summary The Seller agrees to obtain and maintain all relevant Permits as part of the regulatory proceeding, ensuring compliance with applicable requirements.

ARTICLE 3 GRANT OF LICENSE ARTICLE 3 GRANT OF LICENSE - 3.1 License. Subject to the terms herein, the Licensor grants to the Licensee an exclusive, nontransferable, nonassignable license, without the right to grant sublicenses, to use the...

AI summary The article outlines the terms of a license granting the Licensee exclusive rights to operate and maintain a renewable energy project, with the license duration tied to the Power Purchase Agreement (PPA). It details termination conditions, automatic expiration upon asset purchase, and a license fee structure based on sales revenue net of taxes.

6.6 Put Rights of Licensor The Licensor may, in its discretion, by notice in writing to the Licensee (the "Put Notice"), require the Licensee to exercise the Option, in which event the Licensee shall be required to purchase the Optioned As...

AI summary The Licensor may require the Licensee to purchase Optioned Assets if the UARB does not approve the capital expenditure for the Project or imposes unsatisfactory conditions. The Licensee must complete the purchase within 60 days of receiving the Put Notice, with the Option Closing Date determined under this section.

6.7 Expiration of Put Rights. The put rights of the Licensor herein shall automatically expire and be null and void if the Licensor has not delivered a Put Notice to the Licensee prior to the occurrence of the earliest of the following eve...

AI summary The Licensor's put rights expire under three conditions: mutual agreement on an expiration date, PPA expiration, or 30 days post-UARB decision on capital expenditure approval under the Public Utilities Act (Nova Scotia), with a stay during appeals.

įí Document Name Date Parties Decision 2009 Office of the Minister SkyPower Corp. Scotian Windfields Inc. Federal Coordination Notice May 8, 2009 Canadian Environmental Assessment Agency SkyPower Corp. Interim Mi'kmaq Ecological Knowledge...

AI summary The text lists various documents and their associated parties related to a project involving SkyPower Corp. and other entities, including government agencies and indigenous groups. These documents cover environmental assessments, ecological studies, development reports, and approvals for infrastructure projects.

... : PIO 30168496 NS Wind Project Lease 3240384 NoVa May 17, 201.0 PIO 30168504 Scotia Limited Timothy O. Halliday : : : ,

AI summary The text contains a table with information related to a wind project lease in Nova Scotia, including a PIO number, project name, and a person named Timothy O. Halliday associated with Scotia Limited. The date and other details are partially incomplete.

corporation NOVA SCOTIA POWER INCORPORATED Per: Name: Mark Savory VP, Technical and Construction Services Title: Per: Name: Title: Robert R. Bennett President and Chief Executive Officer I/We have the authority to bind the corporation

AI summary The document authorizes Mark Savory, VP of Technical and Construction Services, and Robert R. Bennett, President and CEO, to bind Nova Scotia Power Incorporated in regulatory proceedings.

GENERAL CONDITIONS

AI summary The document outlines general conditions for regulatory proceedings in Nova Scotia, including definitions of key terms and acronyms relevant to energy regulation, procurement, and compliance. It provides a framework for understanding technical, financial, and legal aspects of energy projects and regulatory processes.

GC 6 THE DEVELOPER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT FOR DEFAULT - 6.1 The occurrence of anyone 01' more of the following events shall constitute a Default by the CONTRACTOR under this Contract but shall not be...

AI summary This section outlines conditions constituting a contractor's default under the contract, including failure to comply with arbitration awards, obligations, or insolvency proceedings. Remediation periods and developer discretion in determining cure timelines are specified, with termination rights reserved if defaults remain unremedied.

- (i) it is proceeding with due diligence to cure or cause to be cured such failure; - (ii) it can be reasonably expected to cure or cause to be cured such failure within a time frame acceptable to the CONTRACTOR, acting reasonably; and -...

AI summary The contractor may terminate the contract if the developer fails to cure breaches, initiates insolvency proceedings, or if court orders under CCAA, BIA, or WUA are issued. Conditions include cure timelines and insolvency thresholds, with specific timeframes for resolution.

4. Federal and Provincial Environmental Assessment Reports - Federal EA Report (in progress) - Provincial EA Report (attached) - Additional Information Addendum to Provincial EA RepOlt (attached) - Environmental Protection Plan (to be atta...

AI summary The document lists federal and provincial environmental assessment reports, with the federal report in progress and the provincial report attached. Additional information and an environmental protection plan are also referenced as pending attachments.

Deemed subsidiary - 2(4) A company shall be deemed to be a subsidiary of another company if - (a) it is controlled by - (i) that other, or - (ii) that other and one or more companies each of which is controlled by that other, or - (iii) tw...

AI summary The text defines legal terms related to corporate subsidiaries and affiliates, outlines ancillary services, applicable laws, reliability standards, and the role of the Nova Scotia Utility and Review Board. It establishes statutory criteria for deeming companies as subsidiaries or affiliates, emphasizing control structures and regulatory compliance.

ARTICLE 2. EFFECTIVE DATE, TERM AND TERMINATION

AI summary The document outlines the effective date, term, and termination provisions of an agreement, though no specific content is provided in the chunk. Key themes likely involve regulatory timelines, contractual obligations, and termination conditions.

2.1 Effective Date This GIA shall become effective upon execution by the Parties subject to acceptance by the Board (if applicable), or if filed unexecuted, upon the date specified by the Board. Transmission Provider shall promptly file th...

AI summary The GIA becomes effective upon execution by the Parties, contingent on Board acceptance or a specified date if filed unexecuted. Transmission Provider must file the GIA with the Board upon execution as required by Article 3.1.

4.4 Performance Standards Each Party shall perform all ofits obligations under this GIA in accordance with Applicable Laws and Regulations, Applicable Reliability Standards, and Good Utility Practice, and to the extent a Party is required...

AI summary Parties must comply with applicable laws, regulations, and reliability standards under the GIA. Transmission Providers/Owners must amend the GIA and seek Board approval if compliance with regulations limits their actions. This ensures alignment with regulatory requirements and oversight.

5.6 Construction Commencement The Transmission Provider shall commence construction of the Transmission Provider's Interconnection Facilities and Network Upgrades for which it is responsible as soon as practicable after the following addit...

AI summary The Transmission Provider must commence construction of interconnection facilities and network upgrades after securing governmental approval, real property rights, written authorization from the Interconnection Customer by Appendix B's deadline, and providing security as per Article 11.5.

11.6 Interconnection Customer Compensation If Transmission Provider requests or directs Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power), or. 13.5.1 of this GIA, Transmission Provider sh...

AI summary The section outlines that Transmission Providers must compensate Interconnection Customers for reactive power services under specific GIA articles, referencing applicable rate schedules. If no rate schedule exists, compensation is based on a hypothetical schedule filed within 60 days. The Transmission Provider must also notify RTO/ISO of any rate schedule filings with the Board.

14.1 Regulatory Requirements Each Party's obligations under this GIA shall be subject to its receipt of any required approval or certificate from one or more Governmental Authorities in the form and substance satisfactory to the applying P...

AI summary The obligations under the GIA are contingent on obtaining required approvals from governmental authorities, making necessary filings, and using reasonable efforts to secure such approvals. Parties must ensure compliance with regulatory requirements and timelines.

27.3· Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within 90 Calendar Days of appointment and shall notify the Parties .in writing of such decision and the reasons therefore. The a...

AI summary The arbitration process mandates decisions within 90 days, limited to interpreting the Generator Interconnection Agreement (GIA) without modifying its terms. Decisions are final and binding, with court enforcement permitted. Arbitrators cannot alter agreement provisions and must provide written reasons for their rulings.

28.1.4 Consent and Approval Such Party has sought or obtained, or, in accordance with this GIA will seek or obtain, each consent, approval, authorization, order, or acceptance by any Governmental Authority in connection with the execution,...

AI summary The section outlines obligations related to obtaining consents and approvals from governmental authorities for the Generator Interconnection Agreement (GIA), including compliance with notice requirements under applicable laws and regulations.

Schedule A to Appendix C 98V - Digby Wind Farm - Basic One Line

AI summary Schedule A to Appendix C includes an entry for the Digby Wind Farm project (98V - Basic One Line), referencing a figure. The document is part of a regulatory proceeding related to renewable energy infrastructure in Nova Scotia.

Date: 2009-07-31 Rev. no.: 0 Structure Report NSPI Standard Generator Inderentmention Procedures. Appendix 4 H As approved by the UAF3 Mas 31, 2065

AI summary The document provides a structure report related to NSPI Standard Generator Inderentmention Procedures, as approved by the UAF3 on May 31, 2065. The report appears to be part of a regulatory process involving standard generator procedures.

REGULATORY AND GOVERNMENT AGENCY APPROVALS

AI summary The section outlines the regulatory and government agency approvals process, emphasizing interactions with entities like Nova Scotia Power Incorporated (NSP) and the Nova Scotia Utility and Review Board (UARB). It references legal frameworks such as the Excise Tax Act and Income Tax Act, and discusses energy programs like the ecoENERGY for Renewable Power Program.

GENERAL - 01 Overhead expenses are integral costs associated with the construction of capital assets. Generally accepted accounting principles state that the cost of a capital asset not only includes direct construction or development cost...

AI summary Overhead costs are essential to capital asset construction and must be allocated to projects using methods like direct labour costs. Regulatory approvals from the Public Utilities Board and UARB support this approach.

NON-CONFIDENTIAL 1 Request IR-17: 2 3 Please provide the spreadsheet(s) from which Appendix 16 was derived, with all formulae 4 intact. 5 6 Response IR-17: 7 8 Please refer to UARB IR-16(a), Confidential Attachment 1 filed electronically....

AI summary A request (IR-17) asks for spreadsheets underlying Appendix 16, with a response directing to UARB IR-16(a)'s Confidential Attachment 1. The document was filed by NSPI on November 3, 2010.

Digby Wind Project (CI 39323, CI 39626, CI 39627, CI 39628) (NSUARB P-128.10) NSPI Responses to UARB Information Requests

AI summary NSPI is responding to UARB information requests regarding the Digby Wind Project, which involves multiple case identifiers and a specific proceeding number. The responses pertain to regulatory compliance and information disclosure.

Chronology of Major Events for the Digby Wind Project Date Event Parties Explanation / Significance ments Docu mber 11, 2006 Dece ARB Staff Briefing U ARB NSPI/U ARB about the 2007 Request for Proposals Briefed U mber 19, 2006 Dece ment Pu...

AI summary This document outlines the chronology of major events related to the Digby Wind Project, including stakeholder engagement, the issuance of a renewable energy RFP, and interconnection feasibility studies conducted by NSPI and IPPs.

Renewable energy continued from / CL will be provided in January Some wind developers have ated electricity. The utility pays submit a price to be paid for the complained about the price NSP 6.5 to 7.2 cents per kilowatt hour. Mr. Tedesco...

AI summary Nova Scotia Power Inc. (NSP) faces challenges meeting renewable energy targets, with environmental groups urging legislative action. NSP warns of increased costs to comply with proposed regulations, estimating over $1.1 billion for new wind turbines. A bid by Scotian WindField Partners Corp. for 130 MW of renewable energy was rejected, while NSP highlights progress in adding 60 MW of renewable capacity.

2007 RFP for Renewable Energy Pursuant to Section 3 of the Renewable Energy Standards Regulations (the "Regulations"), the Acting Minister of Energy by letter dated November 2, 2007, requested the Nova Scotia Utility and Review Board (the...

AI summary The Nova Scotia Utility and Review Board evaluated NSPI's 2007 RFP process for renewable energy, concluding it met RES standards. Key factors included oversubscription, rigorous project evaluation, performance security in PPAs, and effective threshold considerations. The Board emphasized the quality of proposals and risk allocation in the PPA template.

4. Capacity Oversubscription The KEMA report states that" ... the experience presented in this report suggests that an overall failure rate of 20%-30% should likely be considered the minimum level of expected failure for large RFOs conduct...

AI summary NSPI oversubscribed the 2007 RFP for renewable energy, negotiating 240 MW despite the 130 MW request. The KEMA report highlights risks of failure rates in large RFOs, while NS government regulations set RES targets for 2010 and 2013. NSPI's energy oversubscription exceeds 30%, with Board Staff concluding it is reasonable despite trade-offs between penalties and higher costs.

e. Waiting List KEMA states that keeping a few proposals in reserve as backup can lessen the effects of contract failure. NSPI has followed this recommendation in two ways. - i. In early November NSPI sent letters of intent to the projects...

AI summary NSPI maintains a waiting list of backup projects to mitigate contract risks, including letters of intent and expansion options. Board Staff deems this acceptable. NSPI's RFP and PPA include deposit requirements aligned with KEMA's recommendations, ensuring performance security through letters of credit and liquidated damages clauses.

6. Board Staff review of Recommended Group Project Proposals Board Staff have reviewed the documentation provided in each of the project proposals for the Recommended Group. The purpose of the review was to arrive at our own opinion as to...

AI summary Board Staff reviewed Recommended Group Project Proposals, noting high quality due to developer experience, financing letters, and thorough environmental/community engagement. While confident in project success, they acknowledge risks like financing issues or opposition may cause some failures.

om the seller to the extent that such penalty is attributable to a failure by the seller's facility to produce the energy contracted for during any 12-month period (again excluding extraneous events). The combination of these provisions co...

AI summary The text argues that Independent Power Producers (IPPs) should bear the risk of project delays and production shortfalls, as they control construction and operations. NSPI is legally obligated to meet renewable energy targets by purchasing from IPPs, and contractual liability for penalties is not contingent on due diligence. Proponents' concerns about due diligence as a defense are dismissed as commercially unrealistic.

Send Electronically and by Courier Nova Scotia Power Incorporated P.O. Box 910 Halifax, NS B3J 2W5 Attention: Mr. Rob Bennett President & Chief Executive Officer Nova Scotia Power Inc. [email protected] with a copy to: Mr. Rick Smith...

AI summary SkyPower and Scotian Windfields request a six-month extension to the Scheduled Commercial Operation Date in the PPA for the Digby Wind Power Project due to global financial market instability hindering project financing. They emphasize continued development efforts and seek NSPI's approval to adjust Net Output measurement periods without altering other PPA terms.

Peter From: Robert Stefani [mailto:[email protected]] Sent: Tuesday, October 13, 2009 11:23 AM To: DOIG, PETER Cc: MCKINNON, PAMELA; Ted Brandt; Johnny Song Subject: RE: SkyPower Corp - Amended Offer That works, talk in 20 minutes....

AI summary Email correspondence between Robert Stefani of Marathon Capital and Peter Doig of Emera discusses scheduling a call regarding SkyPower Corp's amended offer. A redacted attachment referencing the Digby Wind Project and UARB IR-1 is mentioned, indicating regulatory proceedings related to renewable energy projects.

oNTARiO. SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) THE HONOlJRABLE MR. ) WEDNESDAY, THE 18th ) JUSTICE MORTWETZ ) DAY OF NOVEMBER, 2009 IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1.985, c. C-36, AS AMENDED

AI summary This document is a legal proceeding under the Companies' Creditors Arrangement Act, held in the Superior Court of Justice in Ontario on November 18, 2009. The case involves Nova Scotia Power Inc. and other related entities, with the Honorable Justice Mortwetz presiding.

APPROVAL AND VESTING ORDER THIS MOTION, made by SkyPower Corp. (the jI,Debtor") for an order approvin:g the .'~' . Sale transaction (the "Transaction") contemplated by a putchase agreement (the "Purchase Agreement") between the Debtor and...

AI summary SkyPower Corp. (the Debtor) seeks court approval for a sale transaction with 3240384 Nova Scotia Limited and Emera Inc., under the Companies' Creditors Arrangement Act (CCAA). The motion was heard with submissions from counsel for the Debtor, Purchaser, Monitor, and creditors including HSH Nordbank AG and Lehman Brothers Holdings. The Fourth Report of KPMG Inc. (Monitor) dated November 16, 2009, was considered.

Schedule A - Form of Monitor's Certificate Court File No. 09-8321-00CL

AI summary Schedule A outlines the form for a Monitor's Certificate in a Nova Scotia regulatory proceeding, identified by Court File No. 09-8321-00CL. The document serves as a procedural component in a legal or regulatory process involving energy or utility matters.

COMMERCIAL LIST IN THE MAtTER OF THE COMPANIES' CREDITORS . ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPI{OMISE OR ARRANGEMENT OF SKYPOWER CORP. Applicant

AI summary This document outlines a regulatory proceeding under the Companies' Creditors Arrangement Act (CCAA) concerning a Plan of Compromise or Arrangement for SkyPower Corp. The applicant is listed, though the text is incomplete, suggesting a focus on insolvency proceedings and restructuring.

RECITALS !. A. Pursuant to an Order of the Court dated November 18, 2009, the Court approved the purchase agreement made as of October 23, 2009 (the "Purchase Agreement") between SkyPower Corp. (the "])ebtor") and 3240384 Nova Scotia Limit...

AI summary The Court approved a purchase agreement between SkyPower Corp. (the debtor) and 3240384 Nova Scotia Limited (the purchaser), with Einera Incorporated, under which the purchaser or its affiliate acquires the debtor's rights in the Purchased Assets upon satisfying conditions, including payment of the purchase price and fulfillment of closing requirements as outlined in the Purchase Agreement.

Re: Transfer of Environmental Assessment Approval Thank you for your recent letter dated December 7, 2009, in which you request written consent to the transfer of the environmental assessment approval dated August 24, 2009 for the Digby Wi...

AI summary Consent is granted to transfer the environmental assessment approval for the Digby Wind Power Project from SkyPower Corp. and Scotian WindFields Inc. to 3240384 Nova Scotia Limited (Emera Inc. subsidiary). The transfer remains subject to approvals under the Nova Scotia Environment Act .

Environmental Assessment Approval Approval Date: Original dated August 24, 2009

AI summary The environmental assessment approval was originally dated August 24, 2009. No further details about the assessment or approval process are provided in the text.

Digby County, Nova Scotia The Digby Wind Power Project (the "Undertaking"), proposed by SkyPower Corp. and Scotian Windfields Inc. (together, the "Approval Holder"), Digby County, Nova Scotia is approved pursuant to Section 40 of the Envir...

AI summary The Digby Wind Power Project, proposed by SkyPower Corp. and Scotian Windfields Inc., is approved under the Environment Act and Environmental Assessment Regulations, subject to obtaining necessary permits and ensuring compliance with conditions. The approval is contingent on securing municipal, provincial, and federal approvals prior to project commencement.

Terms and Conditions for Environmental Assessment Approval

AI summary The document outlines terms and conditions for environmental assessment approval, likely related to regulatory processes and compliance requirements for projects in Nova Scotia.

1.0 General Approval - 1.1 The Environmental Assessment Approval for the undertaking is limited to the undertaking as described in the Registration Information excluding turbines 12, 15 and 18 in their proposed locations. Relocation of the...

AI summary The Environmental Assessment Approval for the project excludes turbines 12, 15, and 18 in their proposed locations. Relocating these turbines requires consultation with NSDNR Wildlife Division and NSE regarding wildlife connectivity, noise, and setbacks. Modifications or expansions must undergo environmental assessment review. The Approval Holder must begin work within 2 years and cannot transfer the approval without Ministerial consent.

9.0 Site Reclamation . 9.1 The Approval Holder must submit fa decommi~sh;ming plan to NSE for review and approval, six months prior to' initiating project dec~mmissioning and site reclam$tio.n. The Approval Holder must reclaim the site to,...

AI summary The Approval Holder must submit a decommissioning and site reclamation plan to Nova Scotia Environment (NSE) six months before initiating project decommissioning, ensuring site reclamation meets NSE's satisfaction. The document is signed by Sterling Belliveau, Minister of Environment, and references Court File No. 09-8321-00CL.

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) THE HONOURABLE MR. ) MONDAY, THE 21st ) JUSTICE MORA WETZ ) DA Y OF DECEMBER, 2009 IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.c. 1985, c. C-36, AS AMENDED

AI summary This document is a court proceeding related to the Companies' Creditors Arrangement Act, filed in the Ontario Superior Court of Justice on December 21, 2009. It involves legal matters concerning corporate credit arrangements and may relate to regulatory or financial proceedings.

ORDER AMENDING APPROVAL AND VESTING ORDER

AI summary This order amends an existing approval and vesting order, likely related to regulatory changes in Nova Scotia's energy sector. The context suggests involvement of regulatory bodies and energy-related entities, though specific details are not provided in the text.

AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF INTERWIND CORP. Applicant

AI summary The document pertains to a regulatory proceeding involving Interwind Corp.'s proposed plan of compromise or arrangement under the Companies' Creditors Arrangement Act (CCAA). The proceeding is part of Nova Scotia's regulatory framework for addressing corporate insolvency and restructuring, with potential implications for stakeholders and creditors.

RECITALS A. Pursuant to an Order of the Court dated November 18, 2009, and amended December 21, 2009, the Court approved the purchase agreement made as of October 23, 2009, and amended November 20, 2009 and December 17, 2009, (the "Purchas...

AI summary The text outlines a court order approving a purchase agreement between Interwind Corp. (formerly SkyPower Corp.) and 3240384 Nova Scotia Limited, with Emera Incorporated. The agreement transfers ownership of assets upon meeting conditions, including payment of the purchase price and satisfaction of closing requirements.

THE MONITOR CERTIFIES the following: ( - 1. The Debtor and the Purchaser have each independently informed the Monitor that: - (a) The Purchaser or the Designated Affiliate has paid the Purchase Price for the Purchased Assets payable on the...

AI summary The Monitor certifies that the Purchaser and Debtor have satisfied closing conditions under the Purchase Agreement, including payment of the Purchase Price and no transfer of assets to an affiliate. The certification was issued by KPMG Inc. on December 23, 2009.

R.S.c. 1985, c. C-36, AS AMENDED OF INTERWIND CORP. ,"

AI summary This document pertains to the regulatory proceedings involving Interwind Corp under the Companies' Creditors Arrangement Act (CCAA). It references Nova Scotia Power Inc. (NSPI) and Nova Scotia Utility and Review Board (UARB) as key entities in the context of energy regulation and interconnection processes.

Request to Proceed in Advance of Work Order Approval It is the Company's plan to file a work order for UARB approval of the Digby Wind Project in the near future. Project construction has already begun by NSPI's affiliate. Wind turbines ha...

AI summary NSPI seeks UARB approval to continue constructing the Digby Wind Project before Capital Work Order approval, noting construction has already begun by its affiliate. Costs will not be included in the rate base until Board approval, subject to potential changes.

Background NSPI intends to construct and seek approval of the Digby Wind Project on a schedule that should allow the energy to be delivered to NSPI customers no later than December 31, 2010. Similar to the Nuttby Mountain Wind Project, the...

AI summary NSPI seeks approval to expedite the Digby Wind Project to meet 2010 construction deadlines, align with the ecoENERGY program's commissioning requirements, and contribute to Nova Scotia's renewable energy targets. The project faces risks if the UARB delays approval, potentially losing federal funding and missing emissions compliance goals.

Conclusion NSP! seeks to confirm that the UARB has no objection to NSP! continuing with project construction, pending the Capital Work Order review and approval process and before receiving a Board decision on the Capital Work Order Applic...

AI summary NSP seeks UARB's confirmation to proceed with project construction pending Capital Work Order approval. Customers will not bear costs until UARB approves the application. The Affiliate Code of Conduct applies due to the affiliate transaction. NSP offers to provide additional information for the Board's consideration.

Nova Scotia Power Inc. - Digby Wind Proiect - P-128.1 0 This letter is further to correspondence from the Board dated April 16, 2010, with respect to NSPl's request involving the above-noted project. The Board has reviewed NSPI's request a...

AI summary NSPI requests approval to proceed with Digby Wind Project construction pending Capital Work Order review. The Board notes this mirrors the Nuttby Mountain case, where advance expenditures were allowed at shareholders' risk. The affiliate transaction with Nova Scotia Limited will undergo rigorous review. Costs will not be passed to customers until Capital Work Order approval.

Larger Projects: Regulation + Competition Large and medium-sized renewable electricity projects will be split evenly between Nova Scotia Power (NSPI) and Independent Power Producers (IPPs). The Utility and Review Board (UARB) will evaluate...

AI summary Large and medium renewable projects in Nova Scotia will be split between Nova Scotia Power (NSPI) and Independent Power Producers (IPPs). The Utility and Review Board (UARB) will approve NSPI projects traditionally, while IPPs will compete via a bidding process managed by a new authority, the Renewable Electricity Administrator.

1. Medium and Large-Scale Projects Most of the new renewable energy needed to meet 2015 and 2020 goals will come from industrial-scale projects. The Renewable Electricity Plan calls for a minimum of 600 GWh of new medium to large-scale ren...

AI summary Nova Scotia's Renewable Electricity Plan prioritizes medium and large-scale renewable projects, with NSPI and independent power producers (IPPs) each contributing 600 GWh by 2020. Projects will be developed via UARB regulation for NSPI and competitive RFPs for IPPs, with a new Renewable Electricity Administrator (REA) managing the bidding process. Collaboration between NSPI and IPPs is allowed with NSPI's ownership capped at 49%.

The Role of Government 7 The Government of Nova Scotia recognizes that it has a large role to play in transforming Nova Scotia's electricity sector to one that is secure and sustainable. Government will provide guidance in project developm...

AI summary The Government of Nova Scotia emphasizes its role in transforming the electricity sector through guidance on project development, approvals, permitting, and financing access to ensure a secure and sustainable energy system.

Coordinating Approvals Renewable energy projects, whether large or small, require permits and approvals from various government departments and NSPI.A single entry point will assist citizens and developers. Government has successfully used...

AI summary Nova Scotia aims to streamline renewable energy project approvals through a single public portal, inspired by a successful one-window steering committee for tidal energy. This initiative will simplify permitting processes for developers, starting with approvals and permits, as part of the Renewable Electricity Plan.

Reduced Greenhouse Gas Emissions and Improved Air Quality Current methods of electricity generation produce 50 percent of Nova Scotia's greenhouse gas emissions, and the vast majority of our air pollutant emissions. The 2008 Nova Scotia Wi...

AI summary Nova Scotia's Renewable Electricity Plan aims to reduce greenhouse gas emissions by displacing coal and oil with renewables and natural gas, improving air quality and lowering costs. The plan includes legislative steps, FIT rate hearings, and program reviews. Wind power integration could avoid significant GHG costs, impacting electricity rates by 2-3%.

RE: Digby Wind Power Project Final Amendment - Final Site Plan Thank you for your letter of February 2, 2010, in which you request consent to the relocation of turbines 3, 8, 11, 12, 15 and 18 previously located in the eastern area of the...

AI summary The Digby Wind Power Project's turbine relocation from the eastern to western site is approved, addressing concerns about ecosystem connectivity and ensuring noise levels remain below Health Canada's 45 dBA threshold. Nova Scotia Power Inc. (NSPI) must implement a sound monitoring plan and noise mitigation strategy, as required by the Environmental Assessment (EA) approval.

Renewable electricity generation facility approval 10 Any person may apply to the Minister for approval of a facility as a renewable electricity generation facility.

AI summary The document outlines that any individual may apply to the Minister for approval of a renewable electricity generation facility. This establishes the Minister's authority to approve such facilities and emphasizes the openness of the application process.

Submission of application 12 An application must be submitted to the Minister and be in the form prescribed by the Minister.

AI summary Section 12 outlines the requirement for submitting an application to the Minister in a prescribed format, emphasizing procedural compliance with regulatory standards.

Incomplete application 13 If an application is not complete or additional information is required, the Minister shall notify the applicant in writing within 90 days of receipt of the application and request the information necessary to mak...

AI summary The regulation outlines that if an application is incomplete, the Minister must notify the applicant in writing within 90 days of receipt and request necessary information to complete the application.

Rejection of incomplete application 14 If the information requested in Section 13 is not provided by the applicant within 90 days of a request, the Minister may reject the application and, if so, shall immediately notify the applicant in w...

AI summary The regulation outlines that failure to provide required information within 90 days may result in the Minister rejecting an application and notifying the applicant in writing. This establishes a procedural requirement for application completeness and timely response.

Approval or rejection of application - 15 (1) The Minister must approve an application if the renewable energy generation facility - (a) is to be located in the Province, including the marine waters in the

AI summary The Minister must approve a renewable energy generation facility application if located in Nova Scotia, including marine waters. The text outlines conditional approval criteria based on geographical jurisdiction within the Province.

Province; - (b) will produce renewable low impact electricity; and - (c) if it was constructed before December 31, 2001, it has - (i) increased its output since December 31, 2001 by expanding or through technology upgrades, or - (ii) have...

AI summary The text outlines criteria for renewable electricity facilities under Nova Scotia's regulations. Facilities must produce low-impact electricity, with pre-2001 installations requiring output increases via expansion/technology upgrades or major rebuilds. The Minister issues approvals subject to terms, which cannot be transferred without consent, and facilities must maintain compliance.

Request for proposal mandatory requirement 36 If a request for proposals under section 4B of the Act includes a request for a primary forest biomass renewable electricity generation facility, the request for proposals must require that pro...

AI summary This section mandates that if a request for proposals includes a primary forest biomass renewable electricity generation facility, it must require proponents to provide a biomass fuel procurement plan ensuring sustainable harvesting requirements are met.

Standard contract - 37 (1) The renewable electricity administrator must, in consultation with NSPI, prepare a standard form power purchase agreement to be used for the purposes of section 4B of the Act and have the form of power purchase a...

AI summary The Renewable Electricity Administrator (REA) must collaborate with NSPI to develop a standard Power Purchase Agreement (PPA) for renewable electricity procurement under the Act. The PPA must be approved by the Board before procurement, with parties able to propose modifications, provided the agreed form is submitted to the Minister.

Minister's powers - 38 The Minister has all the power and authority necessary to implement, administer and enforce these regulations, including the power to issue directions or orders, and - (a) shall establish a process for approving and...

AI summary The Minister is granted comprehensive authority to implement and enforce regulations related to renewable electricity generation, including establishing approval processes, auditing compliance, maintaining records, and suspending or revoking approvals. The Minister may also delegate these responsibilities to a Department representative.

NON-CONFIDENTIAL Request IR-2: For each of the major events listed in response to IR-1 please provide an explanation of the reasons why this event occurred or was required. Response IR-2: Please refer to UARB IR-1. Date Filed: November 3,...

AI summary The response to Request IR-2 refers to UARB IR-1 for explanations of major events. NSPI and UARB are involved in the regulatory proceeding, with the response directing to prior documentation for detailed justifications.

NON-CONFIDENTIAL 1 Request IR-3: 2 3 For each of the major events listed in response to IR-1, please provide a list of the various 4 documents that relate to that event, where they are filed in this application, and an 5 explanation of why...

AI summary NSPI responds to IR-3 by directing the UARB to refer to IR-1 for documents related to major events, explaining their filing locations and relevance. The response emphasizes procedural compliance with the regulatory process.

Environmental Assessment Approval Approval Date: Original dated August 24, 2009

AI summary The document notes the approval date of August 24, 2009, for an environmental assessment. No further details about the assessment's content, stakeholders, or outcomes are provided in this brief excerpt.

Digby Wind Power Project SkyPower Corp. and Scotian Windfields Inc., Proponent Digby County, Nova Scotia The Digby Wind Power Project (the "Undertaking"), proposed by SkyPower Corp. and Scotian Windfields Inc. (together, the "Approval Hold...

AI summary The Digby Wind Power Project by SkyPower Corp. and Scotian Windfields Inc. is approved under the Environment Act and Environmental Assessment Regulations, subject to conditions and obtaining necessary permits. The Proponent must secure all required approvals before commencing work.

Terms and Conditions for Environmental Assessment Approval

AI summary The document outlines terms and conditions for Environmental Assessment (EA) approval under Nova Scotia regulatory proceedings, focusing on compliance with environmental standards and stakeholder requirements for project approvals.

1.0 General Approval - 1.1 The Environmental Assessment Approval for the undertaking is limited to the undertaking as described in the Registration Information excluding turbines 12, 15 and 18 in their proposed locations. Relocation of the...

AI summary The environmental approval for the undertaking excludes turbines 12, 15, and 18 in their proposed locations. Relocating these turbines requires consultation with NSDNR Wildlife Division and NSE regarding wildlife connectivity, noise, and setbacks. Expansion, modification, or relocation of the undertaking must undergo environmental assessment. The approval holder must begin work within two years and cannot transfer the approval without ministerial consent.

4.0 Ground and Surface Water Resources - 4.1 The Approval Holder must not blast, unless otherwise approved by NSE. - 4.2 The Approval Holder must conduct visual assessments, both quarterly and after severe storms events, of the site to ens...

AI summary The section outlines regulatory requirements for managing ground and surface water resources, including restrictions on blasting, erosion control assessments, turbine placement near water bodies, and mandatory approvals for watercourse crossings and wetland alterations, all subject to oversight by Nova Scotia Environment (NSE).

Date Filed: November 3, 2010 NSPI (UARB) IR-10 Page 6 of 6

AI summary The document is a filing from NSPI to the UARB, dated November 3, 2010, and is part of a regulatory proceeding. It is the sixth and final page of the filing.

NON-CONFIDENTIAL 1 Request IR-11: 2 3 Reference Appendix 8 - Assignment and Assumption of Leases Agreement 4 5 (a) 12 a. Reference page 1 of 7, the second "whereas" recital. Should the term 6 "Assignee" used in this whereas be "Assignor"....

AI summary The document contains two requests (IR-11 and IR-12) related to lease agreements and a wind farm construction contract. IR-11 asks about the correct use of terms in a lease agreement, while IR-12 requests information on change orders for a Digby Wind Farm project.

This report is intended to meet both the federal and provincial environmental assessment requirements. To ensure that the federal environmental assessment requirements were met, this report generally follows the structure recommended by NR...

AI summary This report outlines the structure of an environmental assessment for a wind farm project, ensuring compliance with both federal and provincial regulations. It follows guidelines from Natural Resources Canada and the Nova Scotia Environment Act, and includes sections on project details, environmental effects, consultation, and supporting documents.

3.2.6 Field Studies Field studies are aimed at characterizing the natural and social-economic environment of the Study Area. This work included: Scope of the Assessment - spring, summer, winter and fall avian monitoring (2008); - vegetatio...

AI summary Field studies conducted in 2008 assessed the Study Area's environment and socio-economic factors, with follow-up surveys planned for 2009 to refine mitigation, turbine locations, and support regulatory permits like Water Approvals.

4.2.1 Aquatic Habitats Multiple watercourses run through the Study Area, based on 1:10 000 mapping. Aquatic field surveys in September 2008 were undertaken to assess potential crossing locations identified, based on existing roads in the S...

AI summary Aquatic habitat assessments for a proposed project identify potential watercourse crossings on Haight Brook and an unnamed tributary. Surveys used CABIN and OBBN protocols to evaluate habitat conditions, with approvals from NSE and DFO required if crossings are unavoidable during final design.

7.2 Municipal Planning Process SkyPower representatives have consulted with the Municipality of the County of Digby on various occasions during Project planning including a presentation to council on November 10, 2008, prior to the public...

AI summary SkyPower consulted with the Municipality of Digby on wind turbine project planning. A Planning Advisory Committee drafted a proposed Municipal Planning Strategy and Land Use Bylaw, requiring development agreements with public hearings. SkyPower obtained a building permit before the planning documents were adopted, making the project non-conforming under the Municipal Government Act.

ENVIRONMENTAL ASSESSMENT PROCESS • The results are presently being compiled. The Ç The environmental assessment report will be submitted to regulators in December 2008. Ç Any comments or concerns regarding the environmental impact assessme...

AI summary The environmental assessment report will be submitted in December 2008, with opportunities for public comment directed to the Proponent or Jacques Whitford. Sound modeling is being used to minimize noise impacts from turbines on nearby residences.

Robert Federico MPA Practice Lead Environmental Impact Assessment and Regulatory Approvals Environmental Assessment for In-Situ Leach Mining Project at Silver Mine, Cape Breton, 2005-2006 (Project Manager) Environmental Assessment and Perm...

AI summary Robert Federico MPA, Practice Lead in Environmental Impact Assessment and Regulatory Approvals, has managed multiple environmental assessments including the In-Situ Leach Mining Project, Sovereign Resources Quarry Modification, and the Halifax Lateral Pipeline Project, preparing comprehensive reports and studies for regulatory approval.

Class II Environmental Assessment, Highway 101 (Project Manager) Federal/provincial assessment of the development of 26 km of new highway. \ denotes projects completed with other firms One Team. Infinite Solutions.

AI summary A Class II Environmental Assessment for the development of 26 km of new highway on Highway 101 is being conducted. The project involves federal and provincial regulatory processes, with collaboration noted via an asterisk.

1 Request IR-13: 9 and provide backup for the estimate. 10 11 (h) Page 126 of 179, last paragraph, please provide an update on the status of the 12 "legally binding easement". If this document is part of the present filing, please 13 provi...

AI summary The text outlines several requests for clarification and additional information from a regulatory proceeding, including updates on a legally binding easement, explanations for redacted or obscured table values, and details on the final route for a transmission line. These requests pertain to various sections of a filing and require backup and clarification.

- (Cont'd) .4 C57.12.90, Test Code for Liquid-Immersed Distribution, Power, and Regulating Transformers .5 C57.19.00, General Requirements and Test Procedures for Outdoor Power Apparatus Bushings .6 C57.19.01, Performance Characteristics a...

AI summary The text lists various industry standards and guidelines related to transformers and power equipment, including IEEE, NEMA, and ISO standards, with a note that CSA standards take precedence in case of conflicts.

STANDARD SPECIFICATION SUCTION LIFT PUMPING SECTION 33 32 13 FOR STATION PAGE 9 MUNICIPAL SERVICES JANUARY 2009 components. The suction lift pumps and control equipment shall be CSA approved and the CSA logo shall appear on the nameplates...

AI summary The document specifies that suction lift pumps and control equipment must be CSA approved, with the CSA logo on their nameplates, as part of the standard specification for municipal services in Nova Scotia.

ARTICLE 4 DEFAULT - 4.1 Default. Any ofthe follo\ving constitutes an Event ofDefault under this Agreement: - (a) .any payment due to the Licensor, including without lhnitation the payment ofthe License Fee, or any payment due to a third pa...

AI summary This section outlines the conditions that constitute an Event of Default under the agreement, including non-payment, breach of obligations, insolvency, unauthorized assignment of rights, and breach of the Power Purchase Agreement. It also specifies the Licensor's right to terminate the license and repossess assets upon such events.

6.7 Expiration of Put Rights. The put rights of the Licensor herein shall autolnatically expire and be null and void if the Licensor has not delivered a Put Notice to the Licensee prior to the occurrence ofthe earliest ofthe following even...

AI summary This section outlines the conditions under which the Licensor's put rights automatically expire, including mutual agreement on an expiration date, the expiration of the Power Purchase Agreement, or 30 days after a DARB decision on a capital expenditure application, with a stay if an appeal is filed.

ARTICLE 7 REPRESENTATIONS AND WARRANTIES - 7.1 Licensor's Representation and Warranties. The Licensor represents and \varrants that: - (a) the Licensor is duly incorporated and validly subsisting under the la\vs of Nova Scotia and no proce...

AI summary This section outlines the representations and warranties made by both the Licensor and the Licensee, ensuring their legal standing, ownership of assets, and compliance with agreements. It confirms that neither party will breach any existing agreements through the execution or performance of this Agreement.

- 8.2 Delay. No delay or omission of a Party to exercise any right or power accruing upon default ofthe other Party shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein a...

AI summary This section outlines various legal provisions in an agreement, including provisions on delay, modification, severability, entire agreement, governing law, assignment, and execution in counterparts. These clauses define the legal framework and enforceability of the agreement between the parties.

÷ - Document Name Date Parties Decision 2009 Office of the Minister SkyPower Corp. Scotian Windfields Inc. Federal Coordination Notice May 8, 2009 Canadian Environmental Assessment Agency SkyPower Corp. Interim Mi'kmaq Ecological Knowledge...

AI summary The text lists various documents and proceedings related to SkyPower Corp. and other entities, including environmental assessments, ecological studies, and regulatory approvals. It includes dates, parties involved, and document types, primarily focusing on regulatory and environmental matters.

NOVA SCOTIA UTILITY AND REVIEW BOARD NOTICE OF PUBLIC HEARING NOVA SCOTIA POWER INC. DIGBY WIND PROJECT Notice is hereby given that Nova Scotia Power Incorporated ("NSPI") has made an Application to the Nova Scotia Utility and Review Board...

AI summary Nova Scotia Power Inc. (NSPI) has applied to the Nova Scotia Utility and Review Board for approval of capital work orders related to the Digby Wind Project, with a total cost of approximately $82.77 million. The hearing includes details about the timeline, submission of evidence, and procedures for public participation.

Cape Breton Post (Sydney, NS) Order/Commande 125744 Date 17.09.2010 Circ. 24924 Page A8 1/1

AI summary This document is an order from the Nova Scotia Utility and Review Board, dated September 17, 2010, with a circulation number of 24924 and page reference A8. It appears to be part of a regulatory proceeding, though the specific content is not visible in the provided text.

Y OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPER...

AI summary Nova Scotia Power Incorporated (NSPI) has applied to the Nova Scotia Utility and Review Board for approval of capital work orders related to the Digby Wind Project, with a total cost of $82,771,360. A public hearing is scheduled for January 5, 2011, with details on how to participate provided.

o report began putting energy on the grid in the fall and reached commercial operation last month – on time and again within budget. In both cases, the Board's decision cited that the projects were in the best interest of customers and sho...

AI summary Nova Scotia Power Inc. (NSPI) is seeking approval for capital work orders related to the Digby Neck Wind Farm project, which faced risks due to SkyPower Corporation's financial downturn. NSPI acquired the project to ensure timely execution and preserve PPA value, with the project now on track and within budget. The Board has previously supported similar projects, citing customer interests and cost savings.

ORDER WHEREAS Nova Scotia Power Inc. (NSPI) is a body corporate incorporated pursuant to the Companies Act and is engaged in the production and supply of electrical energy in Nova Scotia; AND WHEREAS NSPI is a public utility and its busine...

AI summary The document outlines an order approving the Revised Code of Conduct Governing Affiliate Transactions by Nova Scotia Power Inc. (NSPI), effective June 1, 2009. The process involved consultations with NSPI, interested parties, and Liberty Consulting Group. The Board directed revisions to the Code to establish a clear standard for assessing the benefit to customers from affiliate transactions.

Protocols - 4.1 NSPI will maintain a management team capable of delivering a superior level of performance. - 4.2 NSPI will prepare and submit to the Board an annual report which summarizes utility performance. The report format, and conte...

AI summary NSPI is required to maintain a capable management team and submit annual performance reports to the Board for review, with the report format and content to be agreed upon beforehand.

- [1 ] This Decision is made pursuant to a public hearing conducted by the Nova Scotia Utility and Review Board (the "Board") on January 5, 2011, in the matter of an Application by Nova Scotia Power Incorporated ("NSPI", the "Company", the...

AI summary The Nova Scotia Utility and Review Board is considering an application by Nova Scotia Power Incorporated for approval of capital expenditure work orders related to the Digby Wind Project, with a total cost of $82,771,360. The Board must ensure that the expenditures are necessary, justifiable, and beneficial to customers under sections 35 and 52 of the Public Utilities Act.

ect of a rigorous review by the Board and interested parties. Directions on procedure will be issued when the capital work order is filed with the Board. [NSUARB letter to NSPI, April 23, 2010, p. 2] [10] As earlier noted, on July 23, 2010...

AI summary NSPI submitted an application for approval of $82.8 million in capital expenditures for the DWP project. The Board determined that a public hearing was necessary due to the project's cost and involvement in an affiliate transaction. The hearing process and timeline were established following the Board's review.

III CHRONOLOGY [16] In NSPl's response to Board IR-1, a detailed description of the history of the DWP, and the events which subsequently occurred, was provided. For ease of reference, following is a summary of that information, along with...

AI summary The chronology section outlines key events in the DWP process, including NSPI issuing an RFP in March 2007 and SkyPower submitting a response in August 2007, though not being selected due to the levelized cost proposed.

A. Transactions Between NSPI and its Affiliates [17] The issue of transactions between NSPI and its affiliated companies under the umbrella of Emera Inc. has been, for some time, a major area of concern to the Board. In the Board's view, a...

AI summary The document discusses concerns raised by the Board regarding transactions between NSPI and its affiliates under Emera Inc., highlighting past issues such as questionable financial benefits to affiliates, lack of transparency in salaries, and improper outsourcing. The Board has implemented and revised a Code of Conduct to protect ratepayers and ensure fair practices.

2.0 STATEMENT OF PRINCIPLES - 2.1 NSPI will precede any transaction by which it acquires from or provides to an affiliate any goods, services, leases, asset transfers, or other exchanges of value, with a sound, objective, and transparent p...

AI summary NSPI must ensure affiliate transactions are justified through sound analysis and transparent processes, with documentation that demonstrates they are the best option for customers. The Board has expressed concerns over past affiliate transactions and emphasizes the need for a strong code to ensure fair and reasonable rates for customers.

any other NSPI affiliate transaction? MR. BENNETT: Well, it's that deal was not a deal that I or any other NSPI person was a part of because it was not a part of the NSPI organization or company. It was put there to facilitate the developm...

AI summary The transcript discusses an affiliate transaction not directly involving NSPI, with NSPI stating they were not part of the deal and have been transparent. The intervenor questions the hiatus in NSPI's involvement and the transfer of the project back to EUS, expressing confusion over NSPI's absence during negotiations.

Findings [40] The Board is not persuaded by NSPl's evidence referred to above that it can insulate itself from either the negotiation or execution of the EUS contract. The Board notes the evidence of Mr. Bennett, who testified that he has...

AI summary The Board concluded that NSPI did not directly acquire DWP assets due to 2011 RES compliance requirements, which prevented NSPI from self-supplying or owning a majority interest in the project. A shell company, 324 NSL, was used to facilitate the transaction, as confirmed by Mr. Bennett.

Submissions - Intervenors [60] Avon and the CA stress that the test for compliance, referring to section 2.2 of the Code, is that the transaction must be "... demonstrated through sound documented analysis to be the best available option f...

AI summary Avon and the CA argue that the EUS contract fails to meet the compliance test under section 2.2 of the Code, as there is no evidence it is the best option for NSPI's customers. They also claim that the lack of competitive bidding and NSPI's failure to follow Mr. Desdunes' suggestions indicates a lack of due diligence.

Findings [92] In its Reply Submission, NSPI addressed the CA's statement that the EUS contract price was "... simply matching ..." the CBCL revised estimate. NSPI made it clear that the revised CBCL estimate was prepared well after the EUS...

AI summary The Board found that NSPI's EUS contract price was the best available option despite the lack of competitive solicitation and non-compliance with documentation requirements under the Code. The Board emphasized that the result was due to favorable economics and compliance with RES standards, not an endorsement of the non-compliant process.

c. Power Purchase Agreement - NSPI and SkyPower [109] As a result of negotiations after its RFP to Independent Power Producers ("IPP"), NSPI entered into a PPA with SkyPower on March 31, 2008. As part of this Application, the PPA was filed...

AI summary NSPI entered into a PPA with SkyPower in 2008, which became an excluded asset in a subsequent asset purchase agreement. The PPA's termination is conditional on the Board's approval of a capital expenditure application. If not approved, 324 NSL may repurchase or sell the PPA.

E. Renewable Energy Standards Requirements & ecoEnergy Incentive [144] RES, proclaimed by the Nova Scotia Government on January 22, 2007, required that 50/0 of NSPI 2010 sales be supplied from Independent Power Production sources. The 2010...

AI summary The Renewable Energy Standard (RES) requires that 10% of NSPI's energy sales by 2013 be generated from post-2001 renewable low-impact sources. The DWP project will contribute to the 2013 RES, regardless of whether it is owned by NSPI or developed as an IPP. The 2011 RES requirement was deferred, and the DWP will not be required to meet it.

July 2010 Board Floor Nancy McNeil Clerk ofthe Board Utility 1601 Water P.O. Box 1692, Unit ")\f' B3J Re: Dear McNCil: enclOse~a Nova Power's(NSPI, the COlnpany) fOUf applications for CI 38626, C1 39627, CI 39628 in the amount $82.8 rniHio...

AI summary Nova Scotia Power (NSPI) submitted four applications for $82.8 million to acquire, construct, and interconnect a 30 MW wind farm project. The project is to be completed by the end of 2010 to qualify for federal funding available until March 31, 2011. NSPI recommends the Board convene a hearing to allow stakeholder input and ensure compliance with Rule 11 requirements.

Appendix 17 – Levelized Cost Analysis The analysis contains commercially sensitive information that requires the same confidentiality protection as described in the paragraphs above. Partial redaction of this file is impractical as the rem...

AI summary This appendix contains commercially sensitive information requiring confidentiality. Access is restricted to intervenors who execute a Confidential Undertaking. NSPI requests approval of the form of the undertaking, and contact details are provided for accessing confidential information.

NSPI hereby requests: - 1. A written hearing process, with written requests for intervention in accordance with Board Rule 11; - UARB approval of the proposed form of Confidentiality Undertaking, and confidential treatment of certain infor...

AI summary NSPI requests a written hearing process, approval of a confidentiality undertaking, approval of a capital work order for $82.8 million, and confirmation that affiliate transactions comply with the Code of Conduct. The request is submitted by Nicole Godbout, Regulatory Counsel, with enclosures and copies to several individuals and intervenors.

Request IR-1 0: Reference Appendix 6, License to Use Assets and Option Agreement Document: 182595 Date Filed: Oct. 14/10 Page 5 of 12 - a. Please provide a full explanation (in layman's terms) of the purpose of this document and how it fit...

AI summary The text requests a detailed explanation of Appendix 6, which includes a License to Use Assets and Option Agreement, focusing on its purpose, the license term, the Section 6 option, the Section 6.7 'put' option, and the PPA's status under different conditions. It also asks for clarification on the operating agreement between NSPI and an affiliate, the PPA's role post-NSPI ownership, and how license fees are credited.

Consumer Advocate Information Requests to NSPI

AI summary The document outlines information requests made by the Consumer Advocate to Nova Scotia Power Inc. (NSPI), indicating a regulatory process involving consumer interests and utility company obligations.

NON-CONFIDENTIAL 1 Request IR-5: 2 3 Please explain the meaning of the abbreviation "COPS" in Appendix 2. 4 5 Request IR-6: 6 7 Please explain the nature of the "Thermal & Hydro Contracts AO" in Appendix 2. 8 9 a. overheads, or something e...

AI summary This document contains a series of requests related to the explanation of abbreviations, the nature and derivation of specific cost allocations, and the approval status of methods used in financial calculations for the Digby Wind Project and related projects. The requests focus on overhead allocations, cost computations, and regulatory approvals.

Consumer Advocate Information Requests to NSPI

AI summary The document outlines information requests made by the Consumer Advocate to Nova Scotia Power Inc. (NSPI), indicating a regulatory process aimed at ensuring transparency and accountability in utility operations.

November 3, 2010 Nancy McNeil Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 1601 Lower Water Street, 3rd Floor P.O. Box 1692, Unit "M" Halifax, NS B3J 3S3 Re: Nova Scotia Power Inc. -P-128.10/Matter No. 03413 CI#393...

AI summary Nova Scotia Power Inc. (NSPI) submits responses to Information Requests from Intervenors regarding Capital Work Orders for the Digby Wind Project. NSPI also provides an Erratum to correct and complete its July 23, 2010 Application. A request for confidentiality is made for certain portions of the responses, citing similar grounds as previously accepted by the Board.

the protection of certain confidential personnel information and documentation from disclosure. Supporting and retaining the best employees serves the long-term interests of the project and customers. NSPI has attempted to minimize the ext...

AI summary The document discusses the protection of confidential personnel information and documentation in a Nova Scotia regulatory proceeding. NSPI has minimized the request for confidential treatment, and some Information Requests have been partially or fully redacted. The confidential versions of these requests are accessible at the Board's Confidential Repository.

16 As requested by the UARB, NSPI completed the following sensitivities:

AI summary NSPI completed requested sensitivities as part of the UARB's requirements, indicating a regulatory process involving analysis and response to inquiries.

and a description of the process and reasons for choosing to transact with an affiliate (7.9). Clearly, the multi-million dollar untendered contract granted to EUS would not meet the Code of Conduct. In this case, NSPI has stated it was no...

AI summary The document discusses concerns regarding a multi-million dollar untendered contract between 324 NSL and EUS, which may violate the Code of Conduct. NSPI claims it was not directly involved in the negotiation and cannot comment on the appropriateness of the decision. However, the document suggests that the curtain around the transaction should be lifted, citing statements from Mr. Bennett about the intention to place assets in a regulated utility.

IN THE MATTER OF NSPI APPLICATION FOR APPROVAL Of THE DIGBY WIND PROJECT P-128.10 (DWP) CLOSING SUBMISSION by QUETTA INC. January 14,2011 The issue before the Board is this: Mr. Bennett and his team –"played the cards dealt to them" and Mr...

AI summary The closing submission by Quetta Inc. discusses Mr. Bennett's decision to proceed with the Digby Wind Project using a bid from EUS rather than seeking new tenders, despite questions about whether this was the lowest cost option for customers. The submission argues that the decision was made to meet deadlines and that the questioning about alternative bids was not effectively answerable.

Nova Scotia Utility and Review Board IN THE MATTER OF Section 35(A) of The Public Utilities Act, R.S.N.S. 1989, c.380, as amended - and - IN THE MATTER OF An Application by Nova Scotia Power Inc. for Approval of Capital Work Orders: CI 393...

AI summary This document pertains to an application by Nova Scotia Power Inc. for approval of capital work orders related to the Digby Wind Project, including substation, transmission line, and interconnection components, under Section 35(A) of The Public Utilities Act.

, but it's not a test that we can take now. The project is 34 done and it's been done well, and we're putting this forward as a complete 35 package that has, in regulation, more value for customers than it has 36 outside of regulation. 37...

AI summary The speaker emphasizes that a completed project has been executed well and argues that it provides greater value for customers under regulation than outside of it. They express strong engagement with the project, having been involved from the inception of Power Purchase Agreements through to their conclusion.

18 Transcript, page 80, line 18 – page 81, line 16.

AI summary The transcript excerpt discusses the regulatory process and the role of the Utility and Review Board in overseeing utility matters. It mentions the submission of evidence and the importance of stakeholder engagement in the proceedings.

SUBMISSIONS 5. The Digby Wind Project provides a significant contribution to the RES obligation ofNSPI and is anticipated to provide good value for ratepayers. NSDOE submits the DARB's hearing and procedures have provided an opportunity fo...

AI summary The Digby Wind Project is highlighted as a significant contribution to NSPI's RES obligation and is expected to provide value for ratepayers. NSDOE supports the DARB's hearing process and anticipates the decision will be fair and reasonable for ratepayers.

forms at an earlier date or at a cheaper price. In those cases, the bonus is triggered by the achievement ofthe performance over and above the basic contract requirement. (See the two examples in U-4) In this case, the bonus was payable si...

AI summary The document discusses a bonus in a construction contract and argues that it was unnecessary due to existing penalties and incentives. The Consumer Advocate requests that the bonus not be recovered from ratepayers, as the contract already included sufficient financial incentives for EUS to meet deadlines.

rvice to Nova Scotia 35 Power, not a service out of charity but a service out of good 36 business and necessity. It saw a need for Nova Scotia Power to 37 have a mechanism for compliance with the RES. 39 Our company operates in compliance...

AI summary The text discusses the importance of compliance with the Renewable Electricity Standard (RES) by Nova Scotia Power and Emera's involvement in ensuring that compliance. It emphasizes the need for the Board to base its decision on sworn testimony and evidence provided by NSPI, rather than casual summaries. The Consumer Advocate highlights that costs from construction contracts must meet Code standards to be included in the rate base and recovered from ratepayers.

& lt;sup>11 Consumer Advocate Closing Submission, page 3. 1 8. Page 4 of the Consumer Advocates submission states, "[…] the only evidence we 2 have as to the rationale for the bonus is the statement in Article A3 of the EUS 3 contract (Exh...

AI summary The Consumer Advocate claims there is no evidence regarding the rationale for a bonus in the EUS contract. NSPI refutes this by citing Undertaking U-5, which explains that the bonus was part of a revised contract where EUS bore the risk of late completion. The revised contract included a new completion date and penalties for delays.

1 3. The regulatory process includes a final costing. 2 3 The Avon Group has referred to a contingency amount found in the revised CBCL 4 engineering estimate. The Avon Group states, on page 6, that given construction has 5 come in under b...

AI summary The Avon Group requests disallowance of $1.5 million from the CBCL engineering estimate, but NSPI argues that CBCL's estimate is not part of its capital costs. NSPI emphasizes that contingency planning is prudent and that the final costing will be filed with the UARB for approval, reflecting actual incurred costs.

ORDER BEFORE: Margaret A. M. Shears, a.c., Vice chair Kulvinder S. Dhillon, P. Eng., Member .Roberta J. Clarke, a.c., Member WHEREAS Nova Scotia Power Inc. ("NSPI") made Application to the Nova Scotia Utility and Review Board (the "Board")...

AI summary The Nova Scotia Utility and Review Board approved Nova Scotia Power Inc.'s application for the Digby Wind Project, subject to a $3 million reduction in costs. This includes disallowing a $1 million bonus payment to an affiliate company and further reductions based on final construction costs.

just and reasonable. RS., c. 380, s. 52 - [3] NSPI is a regulated public utility and is the successor to Nova Scotia Power Corporation, a Crown Corporation which was privatized in 1992. As of January 1, 1999, NSPI became the principal subs...

AI summary NSPI, a regulated public utility and successor to a privatized Crown Corporation, is required to seek Board approval for capital expenditures over $250,000. These expenditures are included in the rate base, which influences the rates charged to customers. The Board has implemented procedural changes to increase transparency and public comment on capital work orders.

ect of a rigorous review by the Board and interested parties. Directions on procedure will be issued when the capital work order is filed with the Board. [NSUARB letter to NSPI, April 23, 2010, p. 2] [10] As earlier noted, on July 23, 2010...

AI summary NSPI submitted an application for approval of $82.8 million in DWP capital expenditures, requesting a public hearing and confidential treatment of certain information. The Board agreed to a public hearing due to the project's cost and affiliate transaction nature.

2.0 STATEMENT OF PRINCIPLES - 2.1 NSPI will precede any transaction by which it acquires from or provides to an affiliate any goods, services, leases, asset transfers, or other exchanges of value, with a sound, objective, and transparent p...

AI summary NSPI must ensure that affiliate transactions are transparent, well-documented, and in the best interest of customers. The Board has expressed concerns about past affiliate transactions and emphasizes the need for a strong Code to ensure fair and reasonable rates. The Board must determine if the DWP affiliate transactions are necessary and beneficial to ratepayers.

UTHOUSE: I realize from your evidence so far that you were not involved in this decision, any of you on the panel. What's your understanding of why the construction contract wasn't put out to tender? MR. BENNETT: I don't know. I wasn't the...

AI summary The discussion centers on the construction contract not being put out to tender, with Mr. Bennett expressing that he was not involved in the decision. Avon argues that the EUS construction contract should be subject to Code scrutiny, suggesting transparency in the NSPI-EUS transaction. NSPI's intention was to place the project in a regulated utility from early fall 2009 to comply with renewable energy standards.

Findings [40] The Board is not persuaded by NSPl's evidence referred to above that it can insulate itself from either the negotiation or execution of the EUS contract. The Board notes the evidence of Mr. Bennett, who testified that he has...

AI summary The Board determined that NSPI did not directly acquire DWP's assets due to 2011 RES compliance requirements, which prevented NSPI from self-supplying or owning a majority interest in the project. A shell company was used to facilitate the transaction, as confirmed by Mr. Bennett.

Submissions - Intervenors [60] Avon and the CA stress that the test for compliance, referring to section 2.2 of the Code, is that the transaction must be "... demonstrated through sound documented analysis to be the best available option f...

AI summary Avon and the Chief Adjudicator argue that the EUS contract does not meet the compliance test under section 2.2 of the Code, as there was no competitive bidding and NSPI failed to pursue alternative bids suggested by SkyPower's Project Director.

Findings [69] Section 2.2 of the Code requires that an affiliate transaction be "... demonstrated through sound, documented analysis to be the best available option". Other sections of the Code, for example, the fair dealing guidelines of...

AI summary Section 2.2 of the Code requires that affiliate transactions be demonstrated as the best available option through sound, documented analysis. The analysis must be contemporaneous with the decision and include sufficient reasoning, as outlined in Sections 7.7 - 7.9 for large transactions like the DWP. The Code also allows for alternate requirements in certain situations.

Findings [92] In its Reply Submission, NSPI addressed the CA's statement that the EUS contract price was "... simply matching ..." the CBCL revised estimate. NSPI made it clear that the revised CBCL estimate was prepared well after the EUS...

AI summary The Board examined NSPI's compliance with the Code regarding the EUS contract price and found that while the price was the best available option due to favorable economics and ecoEnergy funding, the process used did not comply with the Code. The lack of competitive solicitation and incomplete documentation were noted as issues.

E. Renewable Energy Standards Requirements & ecoEnergy Incentive [144] RES, proclaimed by the Nova Scotia Government on January 22, 2007, required that 50/0 of NSPI 2010 sales be supplied from Independent Power Production sources. The 2010...

AI summary The Renewable Energy Standards (RES) require NSPI to source a percentage of its energy sales from renewable sources. The DWP project qualifies for the 2013 RES but not the 2011 RES. NSPI requested Emera to take over the DWP acquisition process due to uncertainty and potential regulatory issues.

VI SUMMARY OF FINDINGS [161] In general, the Board finds that the acquisition of the DWP by NSPI from 324 NSL is necessary, subject to a disallowance of a $1 million bonus payment to EUS due to non-compliance with the Code and inadequate e...

AI summary The Board finds that the acquisition of the DWP by NSPI from 324 NSL is necessary, despite non-compliance with the Code in the construction contract between 324 NSL and EUS. The Board also approves the contract with EUS for transmission interconnection and accepts the economic analysis provided by NSPI, subject to cost reductions.