Topic:"Regulatory Approval Processes" in M03632

- 10. It"is"my"recommendation"that"the"Board"understand"that"government"has" insisted"on"a"form"and structure"for"this"COMFIT,"but"has"failed"to" comprehend"and"address"whether"conditions"will"exist"here"in"Nova"Scotia," for"more"than"one"...

AI summary The text criticizes the government's approach to the COMFIT mechanism, arguing that it fails to account for real-world equity financing conditions in Nova Scotia. It highlights concerns about the inability to finance projects through CEDIF, the potential loss of shareholder returns, and the politicization of the process by favoring certain technologies over others.

g Consumer Interests" (with Jonathan Wallach, Susan Geller, John Plunkett, Roger Colton, Peter Bradford, Bruce Biewald, and David Wise). 1997. Baltimore, Maryland: Maryland Office of People's Counsel. "Comments of the New Hampshire Office...

AI summary This section lists various reports and analyses authored or co-authored by Jonathan Wallach and colleagues, focusing on energy regulation, demand-side management, and utility restructuring, including work for the Maryland Office of People's Counsel, New Hampshire Office of Consumer Advocate, and Ontario Hydro.

implementation, modeling of investment balances, income, and return to shareholders. 48. New Mexico PSC 1833, Phase II; El Paso Electric Rate Case; New Mexico Attorney General; December 23 1985. Nuclear decommissioning fund design. Interna...

AI summary The text lists various regulatory proceedings and cases involving utility rate cases, nuclear decommissioning fund design, and prudence reviews related to generation planning. These cases include evaluations of rate effects, performance standards, and proposals for supplementary rates.

March 17, 2011 Nancy McNeil Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 3rd Floor, Summit Place 1601 Lower Water Street Halifax, Nova Scotia B3J 3P6 Geoff Keith Synapse Energy Economics, Inc. 22 Pearl Street Cambr...

AI summary Seaforth Energy provides feedback on Synapse Energy Economics' financial model for the BRD-E-R-10 Renewable Energy Community Feed-in Tariffs proceeding, indicating willingness to support claims with additional evidence.

5.0 Two Tier Pricing Model - 5.1. For purposes of this discussion we are referring to 1.2 (d). The COMFIT price setting process and subsequent programs in Ontario recognized the necessity for a multi-tiered approach to ensure that the Onta...

AI summary The text discusses the Two Tier Pricing Model, emphasizing the need for a multi-tiered approach to enable Mi'kmaq participation in COMFIT programs, similar to initiatives in Ontario. It highlights challenges faced by the Mi'kmaq, including regulatory obstacles preventing partnerships with Nova Scotia Power, and the potential of a Mi'kmaq price adder to facilitate participation.

ing the depositors. The fact that a credit union may be Aboriginalowned is unlikely to change any of these requirements. Issues of geography and provincial boundaries complicate the development of an Atlantic credit union for Aboriginal pe...

AI summary The text discusses the challenges of establishing an Atlantic credit union for Aboriginal peoples due to varying provincial incorporation requirements, including differing numbers of individuals required for applications and restrictions on operating outside the incorporating jurisdiction.

Exhibit B – Standard Qualifications Package for ESI

AI summary Exhibit B outlines the Standard Qualifications Package for ESI, Inc. of Tennessee, which includes necessary documentation and criteria for participation in regulatory proceedings. The document serves as a template for submitting qualifications and is referenced in the context of Nova Scotia regulatory processes.

Q. Do you think this labour requirement is reasonable? A. It seems excessive given the size of the plant. The requirement for 24 hour supervision of the plant puts a significant labour cost burden on rate payers for plants of this scale. W...

AI summary The respondent argues that the 24-hour supervision labour requirement for the COMFIT plant is excessive and places an undue financial burden on rate payers. They suggest that the Department of Labour & Safety should review whether reduced supervision could safely operate the plant, similar to how heating boilers are managed.

Q. Why did the ANSS not respond to Synapse's request for information regarding the group's existing boilers? A. The ANSS had a number of telephone discussions with Synapse where the boiler sizes and operating pressures of our facilities we...

AI summary The ANSS did not respond in writing to Synapse's request for information about existing boilers because they believed Synapse already had the information from prior phone conversations. ANSS also invited Synapse to visit a facility but the invitation was not accepted.

Exhibit A: UARB Net Metering Decision Note: The EAC and novaSEA offer this recent Board decision on Net Metering as a supplementary exhibit to support the reasonable claims by COMFIT stakeholders that accessibility to the NSPI SO distribut...

AI summary This exhibit discusses the UARB Net Metering Decision, highlighting the importance of grid accessibility and transparency in distribution zone capacity for COMFIT stakeholders. It references the amended Electricity Act, Section 4A, which mandates that public utilities permit renewable low-impact generators to connect to the grid and pay for electricity generated under the Board's tariff.

b) remove the system-wide subscription limit of 20 MW as well as the Class 1 limit of 5 MW and the Class 2 limit of 15 MW. - [48] In addition, the Board accepts NSPI's requested day implementation delay in order to provide sufficient time...

AI summary The Board accepts a delay in implementing a decision to remove subscription limits on net metering and requires NSPI to submit annual reports and revised regulations by specific deadlines.

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-sized renewable electricity projects in Nova Scotia will be divided between Nova Scotia Power and Independent Power Producers. The UARB will approve NSPI projects traditionally, while IPPs will compete through a bidding process managed by the Renewable Electricity Administrator.

Things This Plan Does Not Do 9 Planning involves choices, and in developing this Renewable Electricity Plan, the government has chosen not to do several things. The province has decided to maintain a regulated electricity marketplace and n...

AI summary The Renewable Electricity Plan outlines key decisions not to pursue certain strategies, including maintaining a regulated electricity market, limiting independent power producers' roles in large projects, and not extending COMFIT to larger projects or solar energy. These decisions are based on grid limitations, economic considerations, and the need for market stability and rural development.

Individuals: Enhanced Net Metering To give individuals and small businesses the opportunity to participate in green energy projects, the plan expands and enhances the current net metering program available to consumers through NSPI. Projec...

AI summary The plan expands net metering to allow individuals and small businesses to participate in green energy projects. It outlines a dual approach using UARB regulation and competitive bidding, introduces the Renewable Electricity Administrator (REA), and sets ownership limits for NSPI in projects with independent power producers.

Things This Plan Does Not Do 9 Planning involves choices, and in developing this Renewable Electricity Plan, the government has chosen not to do several things. The province has decided to maintain a regulated electricity marketplace and n...

AI summary The Renewable Electricity Plan does not open the electricity market to competition, limits independent power producers' roles in large projects, and does not extend COMFIT to larger projects or solar. It emphasizes small-scale projects for rural development and maintains a regulated marketplace due to grid limitations.

Opening Statement from E3 Analytics, on behalf of the EAC and NovaSEA. 'sliding' tariffs), which offers a rate that is designed to be more reflective of economies of scale. It is my opinion that this option (which is now employed in countr...

AI summary E3 Analytics argues that sliding tariffs (linear interpolation) should be considered for COMFIT participants and Nova Scotia ratepayers, citing examples from Germany and Portugal. They reference Article 18 of the Renewable Electricity Regulations, which allows separate tariffs for wind projects above and below 50 kW, and suggest there is no restriction on adopting sliding tariffs. They also critique the Consumer Advocate's proposal for a declining block rate structure, which could penalize efficient projects.

ORDER BEFORE: Peter W. Gurnham, a.c., Chair .WHEREAS the Nova Scotia Utility and Review Board (the "Board") has scheduled a hearing to determine Renewable Energy Community Based Feed-in Tariffs commencing on Monday, April 4, 2011 at 9:00 a...

AI summary The Nova Scotia Utility and Review Board has scheduled a hearing to determine Renewable Energy Community Based Feed-in Tariffs, with a detailed timetable for the proceeding, including technical sessions, written submissions, and an intervenor evidence hearing starting on November 18, 2010.

- [1] The Nova Scotia Utility and Review Board (the "Board") held a hearing to determine Renewable Energy Community Based Feed-in Tariffs ("COMFIT"), pursuant to recent changes to the Electricity Act, S.N.S. 2004, c. 25 (the "Act') and the...

AI summary The Nova Scotia Utility and Review Board conducted a consultative process involving Synapse Energy Economics, Inc. and Intervenors to set Renewable Energy Community Based Feed-in Tariffs ('COMFIT'), following changes to the Electricity Act and Renewable Electricity Regulations.

5.5 Consideration of tariffs in other jurisdictions - [61] In assessing whether the proposed COMFIT tariffs are reasonable, Synapse, in addition to considering stakeholder feedback, compared the proposed tariffs "...to FIT prices adopted i...

AI summary The document discusses the comparison of Nova Scotia's proposed COMFIT tariffs with those in other jurisdictions such as Vermont and Ontario. Key differences include eligibility for tax credits, ownership requirements, and project size, which influence tariff levels. The Province supports benchmarking as a necessary approach, despite uncertainties in project cost estimates.

11.2 Findings [250] Other than comments from the Consumer Advocate there was very little comment in the hearing on run-of-the-river hydroelectricity. [251] The Board also understands that there may be significant other challenges in securi...

AI summary The Board acknowledges limited commentary on run-of-the-river hydroelectricity, notes challenges in securing environmental and fisheries approvals, and accepts Synapse's cost determinations. It rejects adjustments proposed by Mr. Chernick and views land donation and property tax relief as speculative. The tariff will be reviewed in three years and as part of the Province's 2012 regulatory review.

[254] Brian Giroux also addressed this matter with the Synapse panel: '" did you guys do any analysis of the space within our distribution system to see if, in fact, there was room for some of these classes or some of these projects at all...

AI summary Brian Giroux raised concerns about the lack of analysis regarding distribution system capacity for COMFIT projects, suggesting that setting rates without considering available space may be ineffective. The EAC recommended a transparent grid information resource to support COMFIT and investor confidence, while NSPI argued that direct communication with developers was sufficient. The Board agreed that publicly available capacity information would assist developers and directed NSPI and municipal utilities to create such a resource.

12.2 Future review of COMFIT tariffs [259] The setting of COMFIT tariffs is a new process for the Board. A number of assumptions have, of necessity, been made based on the best judgment of Synapse, the Intervenors and the Board. [260] The...

AI summary The Board acknowledges that setting COMFIT tariffs is a new process and has made assumptions based on Synapse, Intervenors, and the Board's judgment. The Board plans to review the tariffs in three years to assess their effectiveness and make any necessary adjustments prospectively.

12.3 Terms and Conditions of COMFIT tariffs - [261] In determining the terms and conditions for the various COMFIT tariffs, the Board considers s. 4A(3) and (4) of the Act to be instructive: - 4A(3) In setting a tariff pursuant to this Sec...

AI summary The Board considers Section 4A(3) and (4) of the Act when determining the terms and conditions for COMFIT tariffs, including matters such as qualifying generation facilities, periodic adjustments, effective dates, duration, and payment terms for generators.

[263] In its Reply Submission, the Province submitted: In respect of the express tariff provisions recommended by the Consumer Advocate on the bottom of page 13 of his closing submissions, it is respectfully submitted that these matters ar...

AI summary The Province argues that certain tariff provisions recommended by the Consumer Advocate are already covered by existing regulations and may become inconsistent if regulations are modified in the future. The Board agrees that most of the recommendations are reasonable but notes that limits on generation facilities should be a matter of provincial policy. The Board also references the Renewable Electricity Regulations and the expected effective date of the tariffs.

12.5 Annual Status Report [275] In order to monitor the level of activity by participants in the COMFIT program, NSPI and the municipal electric utilities are directed to file an annual report with the Board by January 31 st each year whic...

AI summary The NSUARB requires NSPI and municipal electric utilities to submit an annual report by January 31st detailing COMFIT program participants, including their location, generation type, size, production, capacity factor, and costs incurred by the utility.

13.0 COMPLIANCE FILING [276] The Board's findings in this Decision result in a number of adjustments to the numerical inputs in the FIT model with respect to each class of generation facility. Accordingly, the Board directs Synapse to prov...

AI summary The Board's decision leads to adjustments in the FIT model's numerical inputs for various generation facilities. Synapse is directed to submit a Compliance Filing with revised FIT model calculations and draft Terms and Conditions for each tariff by August 2, 2011.

14.0 SUMMARY [277] The Board held a hearing to determine Renewable Energy Community Based Feed-in Tariffs ("COMFIT"), pursuant to recent changes to the Electricity Act and the Renewable Electricity Regulations. [278] While there is no over...

AI summary The Nova Scotia Utility and Review Board held a hearing to determine COMFIT tariffs under the Electricity Act and Renewable Electricity Regulations. The Province expects about 100 MW of distribution grid capacity from COMFIT projects. The Board used a consultative process with Synapse to develop tariffs based on input cost assumptions and a discounted cash flow model.

ORDER WHEREAS the Nova Scotia Utility and Review Board (the "Board") held a hearing to determine Renewable Energy Community Based Feed-in Tariffs ("COMFIT"), pursuant to recent changes to the Electricity Act and the Renewable Electricity R...

AI summary The Nova Scotia Utility and Review Board ordered the approval of COMFIT tariffs and terms and conditions following a hearing and compliance filing by Synapse Energy Economics, Inc. The order took effect on September 7, 2011.

In The Matter Of: The Electricity Act and a hearing to determine Renewable Energy Community Based Feed-In Tariffs NON-CONFIDENTIAL lo D ev e p er j io Pr Lo t t o ec ca n R F P R d ou n l V ta o g e M W S ta tu s N S P I I S Fo t re ca s 5...

AI summary The document outlines a regulatory proceeding concerning the Electricity Act and the determination of Renewable Energy Community Based Feed-In Tariffs in Nova Scotia. It includes a table listing various projects, their statuses, and associated entities, as well as a summary table detailing energy capacities and related information.

Delivered by E-mail Nancy McNeil Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 3rd Floor 1601 Lower Water Street PO Box 1692 Unit "M" Halifax NS B3J 3S3 Dear Ms. McNeil: Re: Renewable Energy COMFIT, NSUARB-BRD-E-R-1...

AI summary The Alliance of Nova Scotia Sawmillers (ANSS) requests an extension to the deadline for filing intervenor evidence and an adjournment of the scheduled hearing related to the Renewable Energy COMFIT proceeding. The ANSS has participated in technical sessions and filed information requests with Synapse, which submitted its evidence and proposed tariffs on February 28 and revised them on March 2.

• Evidence Extension With respect to the request for the extension for filing evidence, ANSS anticipates being able to file the evidence by Tuesday, March 22nd. We should note that we are working toward the Thursday deadline but will be ch...

AI summary ANSS requests an extension to file evidence, aiming to submit by March 22nd. They anticipate needing expert evidence from an investment banker and a Phase I engineering study. No intervenors opposed the request, which was initially submitted by the Ecology Action Centre.

• Adjournment Request With respect to the adjournment, this request is not made lightly. However, from the perspective ofthe ANSS, it is more important to get the tariffs right than get them done quickly. All ofthese projects will take som...

AI summary The ANSS requests an adjournment of the hearing to allow for more time to discuss and refine tariff assumptions with Synapse and to address concerns regarding the proposed particulate matter standard for the Biomass CHP COMFIT. The request emphasizes the need for accuracy over speed and highlights the complexity of the issues involved.

Adjournment Request The Board is not prepared to adjourn the hearing. As noted in a communication yesterday, given the Board's heavy schedule this spring, the reconvening of this hearing would not be possible until October and the Board be...

AI summary The Board refuses to adjourn the hearing, citing scheduling conflicts and potential prejudice to parties. It suggests delaying the hearing until April 5th if parties can confirm it can be completed in four days. Communication with Board Counsel Bruce Outhouse is requested.

BLOIS. NICKERSON & BRYSON LLP BARRISTERS & SOLICITORS Since 1864 Suite 500 1568 Hollis Street Halifax, Nova Scotia Canada, B3] 1V3 Correspondence: P.O. Box 2147 Halifax, Nova Scotia Canada, B3] 3B7 S. Bruce Outhouse, Q.c. S. Bruce Outhouse...

AI summary The letter from BLOIS. NICKERSON & BRYSON LLP informs participants of the upcoming COMFIT hearing, scheduled to begin on Monday and conclude by Friday. It emphasizes the importance of focusing on issues within the Board's authority and acknowledges the limited experience of some intervenors with Board proceedings.

- 1 The Electricity Market Governance Committee (EMGC) representing the views of a large number of stakeholders, made a number of recommendations which were endorsed by the Government of the day. One of these recommendations was to open th...

AI summary The document discusses the Electricity Market Governance Committee's recommendations to open the market to Independent Power Producers, the issues with NSPI's RFP process, the high cost of energy procurement, stakeholder lobbying for a Feed In Tariff, and the introduction of COMFIT and the Renewable Electricity Regulations in 2010.

s in a very comprehensive and exhaustive manner, considering the difficult task of trying to arrive at average Tariffs that could satisfy a variety of sizes, technologies and applications. - 8 Synapse presented its report to the Board, con...

AI summary The document discusses the UARB's process of determining fair tariffs, noting the difficulty in satisfying all stakeholders. Synapse's proposed tariffs are deemed fair and effective, and the submitter urges the UARB to adopt them without delay.

ation of future requirements; - (g) costs to interconnect the generation facility with the electrical grid; - (h) return on investment; - (i) additional matters that the Board considers appropriate.

AI summary The text outlines various factors that the Board considers when evaluating future requirements, including interconnection costs, return on investment, and other matters deemed appropriate by the Board.

THE CURRENT PROCEEDING - 12. As noted above, sections 18 and 19 of the Regulations require the Board to establish a COMFIT for designated classes of electricity generation facilities. To fulfill this mandate, the Board established a public...

AI summary The current proceeding involves the establishment of a COMFIT for designated electricity generation facilities under sections 18 and 19 of the Regulations. The Board initiated a public hearing process and retained Synapse Energy Economics, Inc. to develop proposed tariff rates, with assistance from Meister Consultants Group and an independent consultant.

s, then the directive in s.18(3) would not be set up as an exception to the Board's general duty in s.18(2) (ie: the duty in s.18(2) is "subject to" the requirement imposed upon the board by s.18(3)).

AI summary This text discusses the relationship between sections 18(2) and 18(3) of a regulatory directive, suggesting that the directive in 18(3) is not an exception to the duty outlined in 18(2), but rather a requirement that the duty in 18(2) is subject to.

RECOMMENDATIONS It is the submission of the Consumer Advocate that in evaluating the recommended tariffs the Board adopt the lower of any potential tariff levels. The Consumer Advocate further recommends that the tariffs include the follow...

AI summary The Consumer Advocate recommends that the Board adopt the lower of any potential tariff levels and include specific provisions in the tariffs, such as approval from the Energy Minister and compliance with renewable electricity regulations. The Board also set a limit on tidal power under the COMFIT rate to align rate impacts with small wind limitations.

- (a) permit generators that qualify under this Section to connect a renewable low-impact electricity-generation facility to its electrical grid in the manner provided by the regulations; and - (b) pay for the electricity generated in acco...

AI summary The text outlines provisions for setting tariffs for renewable low-impact electricity generation facilities, including the authority of the Board to determine classes of facilities, tariff adjustments, and recovery mechanisms under the Public Utilities Act.

- 66. Synapse appears to assert in its evidence that COMFIT projects are likelier to be riskier than NSPI whose allowed rate of return is at 9.35% (within a range of +/- 25 points) thereby justifying its recommended 13%. These four reasons...

AI summary Synapse argues that COMFIT projects are riskier than NSPI, justifying a higher rate of return. It bases its recommendation on market data and comparisons with other jurisdictions. ANSS challenges Vermont as a weak comparator due to differing incentive structures in the U.S.

h that recommended by Synapse of 13%. - 95. The Board is expressly granted the jurisdiction to establish a tariff with a periodic adjustment and set the basis for the adjustment.6[3](#page-19-1) - 96. The Chair questioned how the Board cou...

AI summary The document discusses the jurisdiction of the Board in establishing a fuel cost reset mechanism, including the use of a standard power purchase agreement (PPA) for biomass CHP and the potential development of a Nova Scotia biomass index based on market data.

Introduction The Ecology Action Centre has acted on behalf of the Nova Scotian environment and population on a wide range of issues for over 40 years. Brennan Vogel (Bachelors Environmental Studies, University of Waterloo; Masters of Arts...

AI summary The Ecology Action Centre (EAC) supports the Community Feed-In Tariff (COMFIT) program but expresses concerns about its potential underperformance and risks. EAC argues that FITs are a better pathway for renewable electricity development and recommends policy clarification. The submission highlights issues with COMFIT and suggests considerations for the Board when setting rates.

Wind $0.452 per kWh for wind projects ≤50 kW $0.139 per kWh for wind projects >50 kW - 1. EAC strongly supports the utilization of the linear interpolation model suggested by Mr. Couture of E3 Analytics to prevent clustering around the 50k...

AI summary The EAC supports using a linear interpolation model for COMFIT wind projects to avoid clustering around the 50kW threshold and improve scalability. The amended Electricity Act allows the Board to set multiple wind power tariffs. Legal interpretations of the regulations are discussed, emphasizing the Board's discretion in tariff-setting.

Recommendations: - 1. The EAC strongly recommends that Board defer to the Minister of Energy and Natural Resources on the acceptability of approving the proposed COMFIT rate for biomass CHP, given the current policy landscape, lack of appr...

AI summary The EAC recommends that the Board defer approval of the COMFIT rate for biomass CHP due to policy uncertainty, lack of efficiency standards, and concerns about the impact on GHG reductions and rate-payer burdens. The approval could undermine provincial climate goals and natural resource management efforts.

Re: Community Feed-in-TariffHearing 2010 - BRD-E-R-I0 Please acceptthe briefcommentsinthis letter asreply submissionsinthe above-noted proceeding onbehalf ofthe Nova Scotia Department ofEnergy ("NSDOE"). Upon reviewofthe closing submission...

AI summary The Nova Scotia Department of Energy (NSDOE) submits that the Nova Scotia Utility and Review Board does not have the jurisdiction to impose capacity caps on renewable energy generators under the Electricity Act or Renewable Electricity Regulations, as these matters are already addressed in the regulations. NSDOE also states that certain tariff provisions recommended by the Consumer Advocate are already covered by existing regulations and may be subject to change during a 2012 COMFIT program review.

Black River Wind Limited Box 55, Mabou, N.S. B0E 1X0, Tel.- 902-258-3354 [email protected] May 5, 2011 Nancy McNeil Regulatory Affairs NS URB Box 1692 Halifax NS B3J 3S3 Dear Ms. McNeil: RE: Renewable Energy Community Feed-in Tariffs-...

AI summary Black River Wind Limited expresses concerns about the Government of Nova Scotia's involvement in the Renewable Energy Community Feed-in Tariffs hearing, noting limited participation and scrutiny. It criticizes the government's model as problematic and calls on the Utility and Review Board to improve it, citing the 2009 New Page biomass project as an example of risk assessment.

otions of how financing will work. The outcome of the 2009 proposal for the New Page biomass electricity generation project was that it was judged to be too high a risk for the ratepayers by the URB. The model for feed in tariffs/comfits p...

AI summary The text criticizes the 2009 New Page biomass electricity generation project for being too risky for ratepayers, as determined by the URB. It also argues that the Government of Nova Scotia's feed-in tariffs model is flawed and too risky for ratepayers, calling for modifications. The submission emphasizes the importance of enabling citizens to participate in renewable energy production.

No Jurisdiction to Cap Biomass Generation 12. The Consumer Advocate further suggests that if the Board approves a rate of $320/MWh as recommended by the ANSS, the Board should set a cap of no more than 8MW. 1 Decision, NSUARB-P-128.10, 201...

AI summary The Consumer Advocate suggests capping biomass generation at 8MW if the Board approves a $320/MWh rate. However, the Board argues it lacks jurisdiction to impose such a cap, as the Electricity Act and Renewable Electricity Regulations do not grant this power. The COMFIT program is inherently self-limiting, and the Department of Energy has reduced the biomass cap to 350,000 dry tonnes per year.

y support eligible stakeholders in cost-effectively 20 developing COMFIT projects in Nova Scotia, as was intended to 21 be the case through the COMFIT policy and amendments to the Electricity Act.1 22 24 EAC's reference to the distribution...

AI summary The text discusses the rationale behind the 20 MW capacity limit proposed for the enhanced net metering program by Nova Scotia Power Inc. (NSPI), emphasizing that the limit was not due to capacity constraints but to trigger a review of cost implications. The Ecology Action Centre (EAC) and others suggested the limit was due to capacity issues, but the Board disagreed.

IN THE MATTER OF THE ELECTRICITY ACT .. and .. IN THE MATTER OF a hearing to determine RENEWABLE ENERGY COMMUNITY BASED FEED-IN TARIFFS BEFORE: Peter W. Gurnham, a.c., Chair Roland A. Deveau, a.c., Member Murray E. Doehler, P.Eng., CA, Mem...

AI summary The document outlines a hearing related to Renewable Energy Community Based Feed-in Tariffs under the Electricity Act. The Board sets COMFIT Tariffs following a hearing and written submissions.

- [1] The Nova Scotia Utility and Review Board (the "Board") held a hearing to determine Renewable Energy Community Based Feed-in Tariffs ("COMFIT"), pursuant to recent changes to the Electricity Act, S.N.S. 2004, c. 25 (the "Act') and the...

AI summary The Nova Scotia Utility and Review Board conducted a hearing to determine Renewable Energy Community-Based Feed-in Tariffs (COMFIT) under the Electricity Act and Renewable Electricity Regulations. A consultative process with Intervenors and Synapse Energy Economics, Inc. was initiated to set the tariffs, following a detailed schedule of technical sessions, submissions, and a hearing.

) In setting a tariff pursuant to this Section, the Board shall make allowance for the matters set out in the regulations. - (4) In setting a tariff pursuant to this Section, the Board shall determine - (a) the class or classes of generati...

AI summary This section outlines the process for setting tariffs by the Board, including considerations for qualifying generation facilities, tariff adjustments, effective dates, and recovery through the rate base. It also specifies eligibility criteria for generators, such as municipalities, not-for-profit corporations, and Indigenous bands.

4.2 Findings [34] Based on the Board's review, and the model's universal acceptance by the parties in this proceeding, the Board accepts the adoption of the FIT model to determine COMFIT tariffs in Nova Scotia. [35] A number of intervenors...

AI summary The Board accepts the FIT model for determining COMFIT tariffs in Nova Scotia, based on universal agreement among parties. Some intervenors provided feedback on Synapse's proposed tariffs and inputs used in the FIT model, which will be addressed in the remainder of the Decision. The Board has accepted several inputs from Synapse without material challenge.

5.5 Consideration of tariffs in other jurisdictions - [61] In assessing whether the proposed COMFIT tariffs are reasonable, Synapse, in addition to considering stakeholder feedback, compared the proposed tariffs "...to FIT prices adopted i...

AI summary The document discusses the evaluation of the proposed COMFIT tariffs in Nova Scotia by comparing them to FIT rates in other jurisdictions like Vermont and Ontario. Key differences include tax credits in the U.S., ownership requirements in Vermont, and project size eligibility. The Province supports Synapse's benchmarking approach, emphasizing the importance of considering these differences when assessing tariff reasonableness.

8.0 WIND PROJECTS OF 50 kW OR LESS

AI summary This section of the document addresses wind projects with a capacity of 50 kW or less, likely discussing regulatory considerations, eligibility criteria, and potential implications for smaller-scale renewable energy initiatives in Nova Scotia.

es, then the directive in s.18(3) would not be set up as an exception to the Board's general duty in s.18(2) (ie: the duty in s.18(2) is "subject to" the requirement imposed upon the board by s.18(3».

AI summary The text discusses the relationship between sections 18(2) and 18(3) of a regulatory directive, indicating that the directive in s.18(3) does not act as an exception to the Board's general duty outlined in s.18(2), but rather the duty in s.18(2) is subject to the requirement imposed by s.18(3).

port this information to you as the Board. You know, if we're going to ask for, you know, a formula to be to readjust the rate then I think, you know, you guys need to have our costs in the market. That will establish start to establish a...

AI summary The discussion centers on the need for a formula to adjust fuel costs in the Public Utilities Act, emphasizing the importance of tracking biomass costs and ensuring regulated utilities like Nova Scotia Power provide necessary information. Concerns are raised about the adequacy of the current escalator formula and the potential need for future revisions.

9.7.1 Findings on Fuel Escalator [232] The Board accepts the evidence of ANSS and Mr. Couture that there needs to be a periodic review of the biomass fuel cost. It appears it would be difficult, if not impossible, to finance these projects...

AI summary The Board accepts the need for periodic review of biomass fuel costs and adopts Synapse's index as the escalator. Reviews will occur every second year, using the formula from Undertaking U-11, with adjustments not being automatic. Parties must agree to disclose biomass fuel costs, and no retroactive adjustments will be made.

10.2 Findings [243] While the Board is concerned about the high tidal tariff, it recognizes that this is both an experimental technology and is likely to be a small component of the overall COMFIT program. The Board notes that the Province...

AI summary The Board acknowledges the high tidal tariff but accepts it due to the experimental nature of the technology and its small role in the COMFIT program. It notes that a review of the Regulations will occur in 2012 and that all tariffs will be reviewed in three years. The Board approves the tariff as submitted by Synapse.

11.2 Findings [250] Other than comments from the Consumer Advocate there was very little comment in the hearing on run-of-the-river hydroelectricity. [251] The Board also understands that there may be significant other challenges in securi...

AI summary The Board found limited discussion on run-of-the-river hydroelectricity during the hearing. It acknowledges challenges in securing approvals for such projects and accepts Synapse's cost determinations as reasonable. The Board will approve the tariff as submitted, with a review in three years and potentially as part of the Province's 2012 regulatory review.

[254] Brian Giroux also addressed this matter with the Synapse panel: '" did you guys do any analysis of the space within our distribution system to see if, in fact, there was room for some of these classes or some of these projects at all...

AI summary Brian Giroux raised concerns about the lack of analysis on distribution system capacity for COMFIT projects. The EAC recommended a transparent grid information resource, while NSPI argued that current processes already provide sufficient information. The Board agreed that public capacity information would help developers and directed NSPI and municipal utilities to create and maintain such a resource by September 30, 2011.

12.2 Future review of COMFIT tariffs [259] The setting of COMFIT tariffs is a new process for the Board. A number of assumptions have, of necessity, been made based on the best judgment of Synapse, the Intervenors and the Board. [260] The...

AI summary The Nova Scotia Utility and Regulatory Board (NSUARB) acknowledges that the setting of COMFIT tariffs is a new process and believes it would be prudent to review them in three years to assess their effectiveness and make any necessary adjustments.

12.3 Terms and Conditions of COMFIT tariffs - [261] In determining the terms and conditions for the various COMFIT tariffs, the Board considers s. 4A(3) and (4) of the Act to be instructive: - 4A(3) In setting a tariff pursuant to this Sec...

AI summary This section outlines the terms and conditions for COMFIT tariffs, referencing section 4A(3) and (4) of the Act. It specifies that the Board must consider regulations, determine qualifying generation classes, adjustment mechanisms, effective dates, duration, and payment terms for generators.

[262] In its Closing Submission, the CA stated: The Consumer Advocate further recommends that the tariffs include the following express provisions that are to be met by the project. - Approval from the Energy Minister. - The requirements o...

AI summary The Consumer Advocate recommends that tariffs include provisions such as approval from the Energy Minister and compliance with Renewable Electricity Regulations. The Board also set a limit on tidal power allowed on the COMFIT rate to manage rate impacts similarly to the small wind limitation.

[263] In its Reply Submission, the Province submitted: In respect of the express tariff provisions recommended by the Consumer Advocate on the bottom of page 13 of his closing submissions, it is respectfully submitted that these matters ar...

AI summary The Province argues that certain tariff provisions recommended by the Consumer Advocate are already covered by existing regulations and may become inconsistent if regulations are modified. The Board agrees with most of the recommendations but notes that limits on generation facilities should be a provincial policy matter. The Renewable Electricity Regulations set a 0.5 MW capacity limit for small-scale tidal generation. Tariffs will take effect upon the Board's final Order, expected in early September.

12.4 Standard power purchase agreement [273] Section 32 of the Regulations provides:

AI summary Section 32 of the Regulations is referenced in the context of a standard power purchase agreement, highlighting the regulatory framework governing such agreements.

Standard power purchase agreement for feed-in tariff program - 32 (1) The Minister, in consultation with NSPI, must prepare a standard form of power purchase agreement to be used for the feed-in tariff program and must have the form of pow...

AI summary The document outlines the process for creating and approving a standard power purchase agreement (PPA) for the feed-in tariff program. The Minister, in consultation with NSPI, must prepare and have the PPA approved by the Board. The Board will review the PPA when it is filed by the Minister.

13.0 COMPLIANCE FILING [276] The Board's findings in this Decision result in a number of adjustments to the numerical inputs in the FIT model with respect to each class of generation facility. Accordingly, the Board directs Synapse to prov...

AI summary The Board has directed Synapse to submit a Compliance Filing with revised FIT model calculations and draft Terms and Conditions for each class of generation facility discussed in the Decision, to be filed by August 2, 2011.

ffs. [283] While some of the intervenors challenged a number of the specific input assumptions made by Synapse, the FIT modeling adopted by Synapse was generally viewed favourably by all intervenors. [284] Taking into account the legislati...

AI summary The Nova Scotia Utility and Regulatory Board (NSUARB) adopts Synapse's FIT modeling approach, balancing low tariffs with encouraging COMFIT project development. The Board sets COMFIT tariffs based on comparisons with other jurisdictions, acknowledging the lack of precedent for assessing their reasonableness.

SPECIAL CONDITIONS In order to qualify for this tariff, generating projects must agree to provide to the Utility and Review Board the same information on its biomass fuel costs that a utility regulated by the Board must provide. This condi...

AI summary To qualify for the tariff, generating projects must disclose biomass fuel costs to the Utility and Review Board, similar to what regulated utilities must provide. This requirement applies to both the tariff and any approved power purchase agreements.

SPECIAL CONDITIONS In order to qualify for this tariff, generating projects must agree to provide to the Utility and Review Board the same information on its biomass fuel costs that a utility regulated by the Board must provide. This condi...

AI summary To qualify for the tariff, generating projects must provide the same biomass fuel cost information to the Utility and Review Board as a regulated utility. This condition applies to the tariff and any approved power purchase agreement.

August 19, 2011 Nancy McNeil Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 1601 Lower Water Street, 3 rd Floor P.O. Box 1692, Unit "M" Halifax, NS B3J 3S3 Re: Renewable Energy Community Feed-in Tariffs - BRD-E-R-10...

AI summary Nova Scotia Power comments on the Compliance Filing by Synapse regarding the Renewable Energy Community Feed-in Tariffs, suggesting modifications to the Availability clause in the Terms and Conditions to align with provincial requirements regarding energy generation and distribution.

ORDER WHEREAS the Nova Scotia Utility and Review Board (the "Board") held a hearing to determine Renewable Energy Community Based Feed-in Tariffs ("COMFIT"), pursuant to recent changes to the Electricity Act and the Renewable Electricity R...

AI summary The Nova Scotia Utility and Review Board approved COMFIT tariffs and terms and conditions following a hearing and compliance filing by Synapse Energy Economics, Inc. The decision was made in July 2011, with the final approval effective September 7, 2011.

IT IS FURTHER ORDERED that: - a) The Board will conduct a review of all the tariffs in three years; - b) Nova Scotia Power Inc. ("NSPI") and the municipal electric utilities are directed to develop and maintain a resource of publicly avail...

AI summary The Board orders a review of tariffs every three years and requires NSPI and municipal utilities to maintain and report on publicly available information about generation interconnection capacity and COMFIT program activity.

FUEL COST REVIEW In addition to the fuel adjustment outlined above, the Utility and Review Board will review the fuel portion ofthis tariff every two years and may make additional changes to the fuel component ofthis tariff. The first revi...

AI summary The Utility and Review Board will review the fuel portion of the tariff every two years, considering the adjusted market price of biomass fuel. Changes will be prospective, and the fuel adjustment mechanism will apply between reviews. Data on biomass fuel prices must be filed quarterly by eligible plants.

[email protected]; [email protected] Subject: CC: Bonang, Anne; Brown, Wendy; carvery, Kim; Di Quinzio, Dona; Friesen, Christine; O'Brien, Anne; Pronko, Stephen; Sanford, Linda Feed-in Tariffs - Written Submissions November...

AI summary This email discusses the submission of written interventions related to feed-in tariffs, emphasizing that information submitted before February 28, 2011, will not be part of the official public record. It advises intervenors to send such information directly to Synapse and to mark confidential information accordingly. The February 28, 2011 Synapse filing and subsequent submissions will be part of the official public record and must comply with the Board's regulatory rules.

April 4, 2011 Hearing opens 1 Discussions 1 SYNAPSE ENERGY ECONOMICS PANEL Direct Examination by Mr. Outhouse (Quals.) Cross-Examination by Ms. Cameron (Quals.) Direct Examination by Mr. Outhouse 12 17 18 Opening Statement by Synapse 20 Cr...

AI summary The hearing on April 4, 2011, included testimony from Synapse Energy Economics, with direct and cross-examinations by various parties. Exhibits were presented, including opening statements, work papers, heat rate calculations, engagement contracts, and biomass CHP equipment estimates.

- THE CHAIR : Thank you. Page 6 NSUARB-BRD-E-R.10 10 THE CHAIR: Any other preliminary 11 points? 12 One item that the Board wanted parties 13 to be aware of is that we have not reviewed the 14 information that was exchanged amongst the par...

AI summary The Chair of the NSUARB outlines preliminary matters for the proceeding, emphasizing that prior discussions between parties and Synapse have not been reviewed by the Board. The Chair also requests that witness names be provided to Anne Bonang to facilitate presentation organization.

process would be working as well. 1 Page 172 NSUARB-BRD-E-R.10 maybe you can help me out then. The only way I can assess 9 energy. They don't tell us they don't give us a 10 definition of that but it a reasonable reading of that 11 would b...

AI summary The discussion revolves around the interpretation of regulations requiring biomass electricity to be generated through combined heat and power (CHP) facilities. A condensing turbine was chosen due to risks associated with tying the electric plant to a steam host, which may result in limited electricity generation in CHP mode.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS fact to inquire about? When size of the project is a risk 1 NSUARB-BRD-E-R.10 Page 201 factor, would you not inquire about the size of the 10 about the cost of debt and equity that we were us...

AI summary The discussion revolves around the cost of equity and capital structure considerations in a regulatory proceeding. The speaker references stakeholder feedback, adjustments to the cost of equity, and a prior Board decision regarding Heritage Gas, which set a return on equity of 13 percent.

- SDIF how do you give some assurance to the Board that - there's going to be any money to distribute to the SDIF - shareholders because the government's assumption is that - this is going to work because they said it's going to - work. Bu...

AI summary The discussion centers on the Small Developer Incentive Fund (SDIF) and concerns about its financial viability. The speaker questions how assurance can be provided to the Board that SDIF will have funds to distribute to shareholders, noting the government's assumption that the SDIF model will work without proper analysis. The response highlights that private businesses cannot undertake wind projects without forming a SDIF, municipality, or Aboriginal band, with some exemptions granted through political lobbying.

it's a matter of concern to the Board or to this panel. Page 256 NSUARB-BRD-E-R.10 1 policy has said quite clearly that 51 percent of a project 2 has to be owned by SDIF and that would and ownership 3 would mean common shares. 4 MR. OUTHOU...

AI summary The discussion highlights concerns regarding SDIF ownership requirements and the feasibility of small hydro projects in Nova Scotia. It notes that commercial-sized hydro projects have not been developed in recent decades due to environmental and regulatory factors, and questions the appropriateness of modeling larger hydro installations.

- monitored, verified and published. - I'm not sure if that answers your - question. - MR. VOGEL: No. The cap attempt was - denied. It's the reasons for the attempt to cap - distribution to 20 megawatts that I'm interested in - exploring....

AI summary The discussion revolves around an attempt to cap distribution at 20 megawatts and its potential impact on investment in COMFIT projects. The concern is that such a cap may discourage potential investors.

exhibits. Page 318 NSUARB-BRD-E-R.10 1 MR. CHRISTMAS: I'm just asking 2 basically, and I'm referring to Section 89.1 of the Act, 3 that basically says that all it's a paraphrase, but 4 essentially it disallows for any group other than the...

AI summary The discussion revolves around legal and regulatory constraints on financial practices, particularly regarding the prohibition of two-tiered pricing models and the limitations imposed by regulations on guarantees and asset seizure on reserves. The conversation also touches on the interpretation of legislation and its implications for First Nations communities.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS The Renewable Electricity Plan talks 1 NSUARB-BRD-E-R.10 Page 321 about, you know, ways the Province could encourage 9 approaches that we here, consultants and the Board, in the 10 tariff-set...

AI summary The text discusses the Renewable Electricity Plan and mentions the need for consultation processes with the Mi'kmaq for various projects, including renewable energy initiatives. It also touches on the cost and complexity of regulatory processes for different types of projects.

Development Corporation? 1 Page 336 NSUARB-BRD-E-R.10 Minas Basin Pulp & Power? 2 Municipality of the County of 3 Colchester? 4 Northumberland Wind Farm Inc.? 5 Nova Scotia Department of Energy or 6 any of the other Nova Scotia departments...

AI summary The text lists entities involved in a regulatory proceeding, including the Nova Scotia Utility and Review Board (NSUARB), various municipalities, companies, and organizations. It includes a question from the Nova Scotia Sustainable Electricity Alliance regarding feed-in tariffs and whether Synapse engaged with the government on setting multiple rates for different technologies.

their size. 1 Page 346 NSUARB-BRD-E-R.10 MR. RICKERSON: Well, I think Halifax 13 MR. RICKERSON: No. 14 MS. ASHWORTH: From what I understand, 15 the Municipal Act states that there's a cap on borrowing 16 for each municipality, right? And O...

AI summary The discussion centers on municipal borrowing regulations under the Municipal Act and their implications for COMFIT participation. It also touches on access to capital for different groups and the effectiveness of feed-in tariffs in renewable energy development.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS service is generally comprised of the power to run pumps 1 NSUARB-BRD-E-R.10 Page 361 and fans. I don't believe that for 100 megawatt oil fired 17 your statement, you repeat the Renewable Ene...

AI summary The text discusses a legal discussion involving rate-setting authority and concerns about potential challenges to the Supreme Court's authority in Nova Scotia. It references a proceeding involving the NSUARB and mentions concerns raised by Mr. Reynolds regarding the impact of legal actions by external counsel.

- representative of appropriate gross capacity factors NSUARB-BRD-E-R.10 - rather than net, and that the uncertainty regarding the

AI summary The text discusses the consideration of appropriate gross capacity factors rather than net, highlighting uncertainty in the process. It references a specific board document (NSUARB-BRD-E-R.10) and touches on regulatory considerations related to capacity factors.

soften, there we did see some community groups have 1 Page 424 NSUARB-BRD-E-R.10 development, again, so that's a very broad definition. 2 But there were kind of several firsts 3 where I wouldn't say second tiered, but turbine 4 manufacture...

AI summary The text discusses community wind projects and the involvement of various turbine manufacturers, including Suzlon and Chinese manufacturers, in these projects. It also outlines procedural aspects of a regulatory proceeding, including the submission of evidence and cross-examination.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS whole proceeding. I think once a lot of the work has been 1 NSUARB-BRD-E-R.10 Page 479 done or is being done during this process in terms of 2 building a model, soliciting initial stakeholder...

AI summary The discussion centers on the frequency of reviews in a regulatory process, with participants debating whether two-year intervals are appropriate given technological changes and the need for balance between frequency and development cycles.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS it's costing everybody to be here, including you guys. 1 NSUARB-BRD-E-R.10 Page 481 MR. BIEWALD: Understood. And there's 8 that they can be more persuasive in a year and half's time 9 too. 10...

AI summary The discussion centers on the limitations of a 100-megawatt cap and the potential for developing renewable energy projects, as well as a reference to Section 4(a)(iv) of the Act regarding tariff-setting duties. The conversation involves multiple participants and touches on regulatory procedures.

- witnesses, please. Page 516 NSUARB-BRD-E-R.10 6 sister units designed as back-up for a critical system in 7 just outside Redding, Pennsylvania. 8 MR. OUTHOUSE: That's all the 9 questions I have. 10 THE CHAIR: He's so qualified. 11 MS. RU...

AI summary The text contains witness testimony and direct examination of Mr. Hayes and Mr. Bodington in a regulatory proceeding, with references to evidence filed in the NSUARB-BRD-E-R.10 matter. Mr. Hayes provided a CHP plant facility study, and Mr. Bodington reviewed financing assumptions in Synapse evidence.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS set by the Board; is that possible the way you see it? 1 NSUARB-BRD-E-R.10 Page 549 MR. TRAVIS: Well, no. I mean, we 19 MR. LIVINGSTON: Did your industry at 20 all approach government about b...

AI summary The text discusses a regulatory proceeding involving DICTUM DIGITAL INC. as certified court reporters. It includes testimony from MR. TRAVIS and MR. LIVINGSTON, with questions about industry involvement with government funding programs and the absence of certain organizations at the hearing.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS or in their countries whereby they're going to increase 1 their biomass electricity usage by 95 percent by 2020 in 2 their plants. 3 Now, it's not to say that they're 4 definitely going to be...

AI summary The text discusses the increase in biomass electricity usage by 95% by 2020 as required by the European Union, and there is disagreement over the environmental benefits of biomass-generated electricity. The Nova Scotia Utility and Regulatory Board (NSUARB) acknowledges that biomass is classified as renewable under provincial regulations, despite differing scientific opinions.

n of a recommended rate - accounting for the adjustments. - And maybe that's a question you can - DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS ask the panel. I don't know. Having heard it takes eight - weeks to do a study I don't know if...

AI summary The discussion revolves around the lack of a recommended rate and the challenges in accounting for adjustments. There is concern about the timeline for completing studies and the limited time available for the proceeding. An extension was requested but was denied, contributing to the current gap in information.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS some cases you have to a million dollars on a system NSUARB-BRD-E-R.10 Page 615 impact study, you can identify these kinds of constraints right up front at very low cost. If they're deal kill...

AI summary The discussion highlights concerns about the risks and costs associated with projects failing to connect after passing initial screening, referencing Nova Scotia Power's concerns about connecting even small projects and the lack of regulatory requirements for timely connections under COMFIT.

hearing. Page 706 NSUARB-BRD-E-R.10 12 THE CHAIR: Does anything turn on 13 this? 14 MR. OUTHOUSE: Not really. Not 15 really. 16 I didn't want it to appear that 17 Synapse turned them down for no good reason. 18 In any event, Mr. Travis, yo...

AI summary During a hearing, the Chair asks if any issues depend on a particular point, and Mr. Outhouse responds that nothing significant turns on it. Mr. Travis acknowledges that Synapse was responsive and accessible during the process. The discussion moves to the evidence provided by Mr. Travis and the acceptance of his recommendations, with a mention of a revised number of $320 per megawatt hour.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS include the purchase of that parasitic power load. And so 1 I just put that caveat to that. 10 They typically sell to wheeling 11 agencies or larger entities who will gather up the power 12 a...

AI summary The discussion centers on the perspective of an EPC contractor regarding project queues and actual construction progress. The speaker clarifies that being in a queue does not necessarily mean a project will be built, emphasizing the Board's experience with such scenarios. There is no direct disagreement with prior information but a focus on practical construction realities.

- be. Page 750 NSUARB-BRD-E-R.10 1 MR. TRAVIS: Yes. 2 MS. RUBIN: Mr. Chair, we could take 3 that as an undertaking. 4 MR. TRAVIS: Yeah, we certainly could. 5 I mean, I'd be happy to do that. I don't think the 6 formula's going to be overly...

AI summary The text includes a dialogue between Mr. Travis and the Chair regarding an undertaking to provide a formula for reopener of the Biomass Tariff. The discussion concludes with appreciation for the presentation and the excusal of participants.

- accept what you're saying, but I understand what you're - saying about the record. But conceptually, when you talk - about the stumbling block that Synapse had, I mean, is - there any difference between, conceptually, a multi-block - rat...

AI summary The discussion revolves around the conceptual differences between multi-block rates and declining rates in tariff design, with a focus on whether multi-block rates could address regulatory concerns. The conversation touches on legal interpretation of tariff regulations and the role of the Nova Scotia Utility and Review Board in defining rate structures.

Halifax, Nova Scotia PAGE NO. April 4, 2011 Hearing opens 1 Discussions 1 SYNAPSE ENERGY ECONOMICS PANEL Direct Examination by Mr. Outhouse (Quals.) Cross-Examination by Ms. Cameron (Quals.) Direct Examination by Mr. Outhouse 12 17 18 Open...

AI summary The document outlines a regulatory hearing in Halifax, Nova Scotia, on April 4 and 5, 2011, involving the Synapse Energy Economics Panel and the Alliance of Nova Scotia Sawmillers Panel. It details the proceedings, including direct and cross-examinations by various individuals, and the opening statement by Synapse.

April 7, 2011 Questions from Mr. Doehler 1014 Questions from Mr. Deveau 1017 Questions from The Chair 1022 Further Cross-Examination by Mr. Outhouse 1029 Further Cross-Examination by Mr. Reynolds 1035 Further Cross-Examination by Mr. Towse...

AI summary The text outlines various documents and proceedings from April 4 and April 7, 2011, including questions from individuals, cross-examinations, and submissions related to energy and regulatory matters. These include work papers, contracts, and policy guides.

April 7, 2011 U-14 To provide the success rate of the RFP Projects (NSPI); also to indicate which Mr. Chernick understands failed and to identify which projects were completed by NSPI 975 2 wind and I'm the Past President of six other comm...

AI summary The text discusses a proceeding involving the success rate of RFP Projects by NSPI, with references to Mr. Chernick's evidence and the COMFIT application process. There is a discussion about the Ministry's discretion in handling applications and potential open seasons for project submissions.

if that incentive a strong incentive as you've called 1 NSUARB-BRD-E-R.10 Page 967 it financing mechanism is having a hard time raising 9 Towse before this, do you have any statements from 10 municipalities who've expressed an ability, an...

AI summary The discussion revolves around the feasibility of municipalities in Nova Scotia entering into lease agreements with external entities for community projects. The witness, Mr. Chernick, speculates that municipalities may support such efforts based on experiences in New England, while Ms. Ashworth inquires about the legal framework under the Municipal Act in Nova Scotia.

- term, while the projects from the RFP were sitting on the - shelf. - Now, this is my sort of reading from - the documents in the various cases I've been in. - And then the company filed with the - Board for a change in the queuing proced...

AI summary The discussion centers on NSPI's actions in response to transmission queue issues, including purchasing turbines and co-owning projects to keep processes moving. The Board's decision on queuing procedures is referenced, and the impact on COMFIT projects is mentioned. The discussion also touches on incentives like CEDIFs.

report back. 1 If NSPI is prepared to undertake to 2 produce it, that would be the more direct way, I would 3 think. 4 THE CHAIR: Why don't you and 5 Ms. Godbout chat about it and see how we might most 6 effectively do it? NSPI hasn't prod...

AI summary The discussion revolves around NSPI's production of a witness and confidentiality concerns, as well as a question regarding community eligibility requirements for feed-in tariffs in other jurisdictions, specifically referencing Ontario's provisions.

- percent. NSUARB-BRD-E-R.10 Page 1029 15 be included in the tariff; that's all. 16 THE CHAIR: Okay. 17 The format. MR. REYNOLDS: 18 I'm still not sure I THE CHAIR: 19 understand your question, but go ahead and ask it. 20 You mean are ther...

AI summary The text includes a dialogue from a regulatory proceeding where Mr. Chernick outlines conditions for projects to be included in the tariff, such as approval from the Minister, compliance with regulations, and specific capacity limits for small wind and tidal projects. The discussion involves procedural and regulatory considerations related to tariff design and project requirements.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS MR. COUTURE : Yes. 1 NSUARB-BRD-E-R.10 Page 1119 (SHORT PAUSE) 9 adjustments, so-called, in any of the evidence that I've 10 seen filed. 11 There's a fuel adjustment issue, which 12 she's add...

AI summary The discussion revolves around the NSUARB's jurisdiction in adjusting feed-in tariffs and revisiting programs. The Board's role is limited to fixing the feed-in tariff, while broader policy reviews are typically handled by government. The conversation touches on international examples like Spain and Germany's approaches to tariff adjustments.

- equity. 1 NSUARB-BRD-E-R.10 Page 1137 Would you believe that contributions 10 cross-examination. Do you have any issues that you want 11 to confront this witness on and ask him cross-examination 12 questions? 13 I mean, you're just askin...

AI summary The proceeding involves a discussion about cross-examination practices during a hearing. The Chair warns against 'sweetheart' cross-examination, where questions are asked to bolster one's position, and cautions that delaying the hearing could prolong the process significantly.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS So there's significantly higher risk, 1 and that risk means that the investors that are investing DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS Page 1158 NSUARB-BRD-E-R.10 1 Department of Ene...

AI summary The text discusses a regulatory proceeding involving risk assessment and the impact of feed-in tariffs on utility rates, with a focus on the Nova Scotia Utility and Review Board. A retired utility executive is questioning an individual about the influence of these tariffs on revenue requirements.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS THE CHAIR: I guess given the cap and 1 NSUARB-BRD-E-R.10 Page 1207 the fact that this is going to be reviewed at some point 2 in the future, we could give this a try and see how it 3 works. 4...

AI summary The discussion revolves around the frequency of adjustment mechanisms, with reference to Spain's quarterly adjustments and considerations related to inflation rates. The conversation includes a mention of Nova Scotia's current structure and the potential impact of inflation on adjustment frequency.

- confidential information, of course, the room is cleared - except for the people who are entitled to hear the - confidential information. - They have the option of not answering - those questions, of course, but if they do so, they must...

AI summary The discussion outlines the handling of confidential information during a regulatory proceeding, emphasizing that individuals can choose not to answer questions but must withdraw their evidence if they do. The process ensures confidentiality protections, requiring others in the room to leave if confidential information is shared.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS wind producers is how they structured their project, 1 NSUARB-BRD-E-R.10 Page 1223 whether they did it by a debt or equity and, if so, what 7 purposes of the hearing, and probably we should h...

AI summary The proceeding discusses whether wind producers are willing to disclose confidential information during the hearing. Mr. Livingston indicates he is prepared to disclose most information publicly, with only minor redactions if necessary.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS record, we'll note it and then we'll come back we'll 1 clear the room at the end of your cross-examination and 1 NSUARB-BRD-E-R.10 Page 1229 MR. NEAL LIVINGSTON, Affirmed: 2 OPENING STATEMENT...

AI summary Neal Livingston, President of Black River Wind Limited and other renewable energy companies, presents evidence about the exclusion of independent power producers from policy discussions, expressing concern about the Board's responsibility to ratepayers and the impact on cost and risk.

you want it provided, though. Page 1276 NSUARB-BRD-E-R.10 1 MR. DEVEAU: That's fine. Thank you. 2 MR. LIVINGSTON: I think the more 3 recent example would be to look at the Watts prospectus. 4 Thank you very much, Mr. THE CHAIR: 5 Livingsto...

AI summary The text contains a transcript of a regulatory proceeding where Jonathan Barry from Seaforth Energy provides an opening statement and is cross-examined by Mr. Merrick regarding wind projects in operation. The discussion is part of a broader regulatory process involving the NSUARB.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS In particular, we'd also like to 1 address the comments that have been made by the Consumer 11 that you have some sort of an interest in? 12 MR. ROSCOE: Yes. We still have a 13 financial inte...

AI summary The discussion involves Mr. Roscoe's financial interest in the Digby Wind Farm, which is owned by Nova Scotia Power, and the challenges faced in project development due to changes in municipal bylaws and financial issues. The Annapolis County bylaw change has been appealed to the Board.

- into the transmission system, surpluses. 1 Page 1356 NSUARB-BRD-E-R.10 But it turned out that that 11 can only feed 20 percent of the load, that sort of thing, 12 so it's between hay and grass. 13 The grid is so weak and there's you 14 k...

AI summary The testimony discusses the weak and outdated grid infrastructure in the area, the inefficiency of power transmission from Tuft's Cove, and the challenges faced by stakeholders in the regulatory process, including delays and limited access to decision-makers.

- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS get some hydro developments on are the ones that I'm 1 dealing with which are the heavily acid rain-impacted 4 THE CHAIR: Go ahead. 5 MR. OUTHOUSE: Mr. Chair, that, as far 6 as I'm aware, com...

AI summary The proceeding involves a discussion about the timeline for filing undertakings and written submissions, with the chair suggesting a deadline of the 13th and setting dates for final argument and reply. The parties agree to the proposed timeline.

- the BSM hearing. Page 1368 NSUARB-BRD-E-R.10 1 MR. DOEHLER: It's a small hearing. 2 MS. RUBIN: followed by the Easter 3 holidays. 4 I'm just wondering if we could have 5 until the Friday rather than the Wednesday for the 6 undertakings....

AI summary The BSM hearing is discussed, with participants requesting a change in the schedule for undertakings from Wednesday to Friday. The chair confirms the request and sets the final argument for May 29 and reply argument for May 6. The chair reminds parties that submissions and replies are not opportunities to present new evidence but to comment on existing evidence. The hearing is adjourned.