E-10-(i)Book of Authorities
22 passages
- [1] It is generally acknowledged that using less energy, and using energy more efficiently, is a public good, as it can result in environmental benefits, such as less reliance on fossil fuels (and thus lowering emissions), and financial...
AI summary The text outlines a regulatory proceeding concerning demand-side management (DSM) in Nova Scotia, initiated by EfficiencyOne (E1) seeking approval for a Supply Agreement and a 2016-2018 DSM Plan. The proceeding involved multiple intervenors, including the Consumer Advocate, the Ecology Action Centre, and the Nova Scotia Department of Energy, with public comments and statements submitted.
Consensus Agreement Signed and dated this 16 th day of June 2015. Witness EfficiencyOne All Per: Witness Nova Scotia Power Incorporated Delle Per: Prin Canonium Witness Consumer Advocate Per: Witness Small Business Advocate Per: Witness In...
AI summary The document outlines a consensus agreement signed on June 16, 2015, with various stakeholders including EfficiencyOne, Nova Scotia Power Incorporated, the Consumer Advocate, the Small Business Advocate, the Industrial Group, and the Affordable Energy Coalition. The agreement includes multiple witnesses and signatories involved in the regulatory process.
- c) E1 shall indemnify NSPI from any potential liability which could arise pursuant to the CASL. [139] An Order will issue accordingly. DATED at Halifax, Nova Scotia, this 15th day of November, 2017. Peter W. Gurnham Roberta J. Clarke Ric...
AI summary The text outlines a provision requiring E1 to indemnify NSPI against potential liability under the Canadian Anti-Spam Legislation (CASL). It also includes an order and signatures from officials, as well as information about an appeal involving former employees of Rizzo Shoes Limited.
peal and cross-appeal. Under the Utility and Review Board Act , questions of fact are not appealable. The standard of review to the appealable issues is reasonableness. As to the Province's appeal: - (a) The Board's ruling that Central was...
AI summary The appeal and cross-appeal under the Utility and Review Board Act involve the Province's appeal and Central's cross-appeal regarding compensation for expropriation. The Board's decisions were upheld as reasonable, with findings supported by evidence. Beveridge J.A. dissented, arguing the Board erred in its award of $6.7 M.
e market value of the land and injurious affection (a total of $ 1,404,216) to be charged at 10% per year from May l, 2001, to the date of payment. No interest is recoverable for disturbance damages. The Board held that interest would run...
AI summary The Board ordered the Province to pay interest at 10% per year on the market value of land and injurious affection from May 1, 2001, until payment. The Province and Central filed appeals and cross-appeals, and the case was heard in September 2018. Post-hearing, supplementary briefs and rebuttals on appeal costs were filed.
reports. The Board's Decision, para. 826, summarized and accepted PwC eventual amounts for "past losses": lost profit – Antigonish retail: $5,301,499 lost profit – distribution centre: $2,112,504 lost profit – vendor discounts: $1,086,279...
AI summary The Board's decision outlines the calculation of past losses for Central, including lost profits and adjustments for financing costs and incremental operating expenses. It also notes concerns about Mr. Thompson's influence on the Wintrip Report and his credibility as a witness.
Issue #5 – Central's Cross-appeal: Future Losses - [212] The Board found that the loss period for Central's disturbance award ended January 31, 2013. The Board said: - [824] … the Board considers that it should use January 31, 2013, the en...
AI summary The Board determined that the loss period for Central's disturbance award ended on January 31, 2013, and disallowed Central's claim for future costs, including vendor discounts, operating costs, and capital costs, totaling $3.35 million. The estimates were provided by PwC experts, Mr. Bradley and Ms. Rodenhiser.
(The table of contents is not part of the statute) Section Domestic rate or charge in certain cases 73 Approval for issue of certain securities 74 75 Location of office and books 76 Use of equipment by another utility 77 Consent for erecti...
AI summary The text outlines various sections and regulations related to public utilities, including domestic rate regulations, franchise agreements, board supervision, and procedures for complaints and hearings. It includes sections on electricity efficiency, demand-side management, and the process for handling disputes and regulatory actions.
Board's authority when approving agreements - 79M (1) In making an order approving an agreement pursuant to Section 79L, the Board shall establish such performance requirements for the franchise holder as the Board considers appropriate. -...
AI summary The Board has authority to set performance requirements, determine costs, and attach modifications to agreements approved under Section 79L. It may also defer cost recovery up to $100 million, considering benefit alignment and rate stability.
First franchise - 79Q (1) Notwithstanding clause 79C(2)(b), the first franchise granted after the coming into force of this Section expires December 31, 2025. - (2) Notwithstanding Sections 79I and 79J, for the purpose of Section 79I, Nova...
AI summary Section 79Q outlines terms for the first franchise post-implementation, including a 2025 expiration date, a 2015 initial agreement between Nova Scotia Power and the franchise holder for electricity efficiency activities, and requirements for proposal submission and Board approval. Legal references include 2014 and 2015 legislative amendments.
Enforcement of order 29 (1) An order made by the Board may be made a rule or order of the Supreme Court, and shall thereupon be enforced in like manner as a rule, order, decree or judgment of that Court.
AI summary This section outlines the enforcement mechanism for orders made by the Board, stating that such orders can be made a rule or order of the Supreme Court and enforced similarly to court rulings.
Proclamation 50 This Act comes into force on and not before such day as the Governor in Council orders and declares by proclamation. 1992, c. 11, s. 50. Proclaimed - December 10, 1992 In force - December 14, 1992
AI summary This section of the legislation outlines the commencement of the Act, which is effective from the date proclaimed by the Governor in Council. The Act was proclaimed on December 10, 1992, and came into force on December 14, 1992.
> __________ 1 2 3 HANSARD 09-29 DEBATES AND PROCEEDINGS Speaker: Honourable Charlie Parker 4 Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer. 5 Available on INTERNET at http://nslegis...
AI summary This text discusses the introduction of Bill No. 49, the Efficiency Nova Scotia Corporation Act, which follows recommendations from Dr. David Wheeler's report. The bill aims to establish the Efficiency Nova Scotia Corporation and is part of a legislative process involving public consultation and stakeholder engagement.
Nova Scotia <§ An Emera Company Supply Agreement for Electricity Efficiency Conservation Activities and Between Scotia Power Incorporated Nova and EfficiencyOne - January Effective Date 2019 1, EFFICIENCYONE 2019 DSM FILING 1 Table of Cont...
AI summary The document is a 2019 DSM (Demand-Side Management) filing by EfficiencyOne, outlining a supply agreement with Scotia Power Incorporated under the Electricity Efficiency and Conservation Activities. The agreement includes terms related to interpretation, performance requirements, confidentiality, and dispute resolution.
EFFICIENCYONE 2019 DSM FILING 2019 Snpply Agreement 1 27. SURVIVAL 18 2 of List Schedules 3 4 Schedule "A": Electricity Efficiency and Conservation Activities 5 Schedule "B": Compensation 6 Schedule "C"; Performance Requirements 7 Schedule...
AI summary The text outlines the structure of a supply agreement related to EfficiencyOne's 2019 Demand-Side Management (DSM) filing, including schedules that detail electricity efficiency and conservation activities, compensation, performance requirements, and confidentiality agreements.
Supply Agreement 1 2 3 (i) references shall refer to calendar days unless Business Day to days (i) is specified, (ii) weeks months shall refer to calendar weeks months, and and to respectively, and (iii) years shall refer calendar years; 3...
AI summary The text outlines a supply agreement involving EfficiencyOne and the Electricity Efficiency and Conservation Agreement (EECA), referencing the Electricity Efficiency and Conservation Restructuring (2014) Act and the Nova Scotia Utility and Review Board (UARB). The agreement details obligations and rights, particularly in relation to electricity efficiency and conservation activities.
Supply Agreement 1 2 (b) provide sufficient resources to enable EfficiencyOne to perform its obligations on time and in accordance with this Agreement; 5 (d) manage the EECA in an efficient manner; and
AI summary The Supply Agreement outlines the obligations of EfficiencyOne, including providing sufficient resources to perform its duties and managing the Electricity Efficiency and Conservation Agreement efficiently.
22 19. DISPUTE RESOLUTION - 23 24 25 26 27 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the disput...
AI summary The dispute resolution section outlines procedures for resolving conflicts between EfficiencyOne and NSPI, including a 30-day resolution period and referral to the UARB if unresolved. EfficiencyOne is required to continue fulfilling the EECA unless directed otherwise by the UARB.
34 20. DEFAULT AND TERMINATION - 35 36 20.1 This Agreement may be terminated immediately by either Party, in whole or in part, upon the happening of one or more ofthe following events: - 37 38 (a) EfficiencyOne's Franchise is terminated an...
AI summary This section outlines the conditions under which the agreement may be terminated by either party, including the termination of EfficiencyOne's franchise or approval by the UARB. Neither party is entitled to compensation or damages for consequential losses upon termination.
1 2 3 4 5 6 of discontinue ail EECA under this Agreement and will only finish such portions the to and protect the EECA as may be necessary preserve EECA already in progress. termination not either any of their obligations Such does reliev...
AI summary The text discusses the termination of an agreement involving the Electricity Efficiency and Conservation Restructuring (2014) Act and the responsibilities of EfficiencyOne upon termination. It outlines the conditions under which the agreement can be terminated and the obligations that remain even after termination.
savings and costs for each metric. 1 2 3 4 25.3 The Parties agree that ongoing coordination and regular communication between NSPI is important To that end, the and EfficiencyOne in order to ensure effective planning. provision of the Part...
AI summary The text outlines an agreement between NSPI and EfficiencyOne, emphasizing the importance of ongoing coordination and regular communication. It also specifies that the agreement, once approved by the UARB, shall be the entire agreement between the parties and cannot be modified without UARB approval.
Proposal") (July 16, 2013) at Attachment 2: 2-3. 103 See Order No. 86366 (May 28, 2015) at 23. 104 Order No. 86785 (Dec. 23, 2014) at 28. 105 Coalition Comments at 22; OPC Comments at 8. discussions by the Natural Gas – Electric Efficiency...
AI summary The document discusses the need for natural gas utilities to develop energy efficiency programs, citing statutory requirements and existing programs by major companies. It concludes that setting a natural gas usage reduction goal is necessary to support efficient energy usage and drive innovation and accountability.
E-13Submission - NSPI
8 passages
March 9, 2020 NON-CONFIDENTIAL 1 TABLE OF CONTENTS 2 3 1.0 INTRODUCTION 3 4 2.0 NS POWER'S POSITION 4 5 3.0 LEGISLATION AND INTERPRETATION 5 6 3.1 Legislation 5 7 3.2 Principles of Interpretation. 7 8 3.3 Mandate of Board Under Public Util...
AI summary NS Power is responding to the Nova Scotia Utility and Review Board's inquiry about whether the Board has jurisdiction to consider non-energy impacts in cost effectiveness testing for electricity efficiency and conservation activities. The submission references EfficiencyOne's Application and outlines NS Power's position on the matter.
DATE FILED: March 9, 2020 Page 4 of 21 1 3.0 LEGISLATION AND INTERPRETATION 6 Pursuant to s. 79H, it is the Board that must determine what activities must be undertaken to 7 fulfill this objective. Sections 79L(8) and (9) then provide the...
AI summary The document discusses the Nova Scotia Utility and Review Board's responsibility under section 79H of the legislation to determine activities necessary for fulfilling an objective. Sections 79L(8) and (9) outline considerations for assessing and approving electricity efficiency and conservation activities.
DATE FILED: March 9, 2020 Page 7 of 21 E1 Submission, page 11, lines 8-11. This is discussed further at paragraph 51 of ATCO Gas : …[t]his rule allows for the application of the "doctrine of jurisdiction by necessary implication"; the powe...
AI summary The document discusses the jurisdiction of the Nova Scotia Utility and Review Board (NSUARB) under the Public Utilities Act (PUA), emphasizing that its authority to consider non-energy impacts in cost effectiveness testing must be explicitly or implicitly granted by the legislation. The Board's primary mandate is rate setting and ensuring safe and adequate service.
DATE FILED: March 9, 2020 Page 9 of 21 1 In Decision 2006 NSUARB 85, the Board explained as follows: 15 Any analysis or interpretation of the PUA's provisions and wording, must be in the context of 16 the entire statute and must be grounde...
AI summary The document references Decision 2006 NSUARB 85, which emphasizes that any analysis of the Public Utilities Act must be grounded in the Board's main function as described in the decision.
DATE FILED: March 9, 2020 Page 11 of 21 1 and adequate service is maintained. The exercise of any such authority must then also be 2 3 4 5 6 7 In the case at Bar there is no evidence of practical necessity for implying a general costs powe...
AI summary The text discusses the Nova Scotia Utility and Review Board's authority to assess electricity efficiency and conservation activities, emphasizing that the Board does not need to account for non-energy impacts in cost effectiveness testing. It also addresses the relevance of the standard of review in the context of the E1 submission.
t does not somehow grant jurisdiction to the Board to consider environmental matters. Again, the E1 Submission fails to undertake its analysis through the lens of the PUA. Moreover, E1's reliance on Hansard to confer jurisdiction is not co...
AI summary The text argues that the E1 Submission incorrectly relies on Hansard to grant the Board jurisdiction over environmental matters, stating that policy statements do not confer jurisdiction. It emphasizes that administrative tribunals cannot grant themselves jurisdiction and that the PUA does not support the Board's involvement in environmental protection.
DATE FILED: March 9, 2020 Page 17 of 21 E1 Submission, page 14, lines 23-24. E1 Submission, page 16, line 10 to page 17, line 2. Business Watch International Inc. v. Alberta (Information & Privacy Commissioner) , 2009 ABQB 10 [Tab 6], para...
AI summary The E1 Submission discusses the inclusion of non-energy benefits in cost-effectiveness tests, citing Maryland's approach under the Maryland Public Utilities Code §7-211. It argues that this supports the Board's authority to include non-energy impacts in such tests. However, the response counters that the statutory considerations in Maryland are not similar to those in Nova Scotia and that Maryland's approach actually supports NS Power's position.
However, where the two pieces of legislation differ is with regard to the enumerated considerations of the respective regulators when determining whether the programs or activities put forward by the utilities fulfill the statutory require...
AI summary The text discusses differences between Nova Scotia and Maryland legislation regarding the considerations required when approving electricity efficiency programs. It highlights that Nova Scotia legislation focuses on affordability and customer interests, while Maryland explicitly requires consideration of non-energy impacts like job and environmental effects. This distinction supports NS Power's argument that non-energy impacts must be explicitly mandated in legislation.