100025Board Decision
13 passages
IN THE MATTER OF THE ELECTRICITY ACT - and - IN THE MATTER OF AN APPLICATION by Renewall Energy Inc. for directions for an expedited process to amend existing Renewable to Retail tariffs or create new tariffs to enable distribution-connect...
AI summary The Board has jurisdiction to approve tariffs, procedures, and standards of conduct for the renewable to retail market related to distribution-connected generation and net billing. It directed Nova Scotia Power to engage with interested parties to file an application by April 1, 2026.
- [1] Renewall Energy Inc. is a licensed retail supplier under the renewable to retail provisions in the Electricity Act , SNS 2025, c 18, Schedule. These provisions were added to the Electricity Act in 2013 and came into force in 2014. Th...
AI summary Renewall Energy Inc., a licensed retail supplier in Nova Scotia, requested the NSUARB to expedite tariff amendments to enable distribution-connected generation and net billing. NS Power argued the Board lacked jurisdiction, but the Board affirmed its authority and directed NS Power to engage with stakeholders and file an application by April 1, 2026.
at actually enrich and elevate the interpretive exercise. - [120] But whatever form the interpretive exercise takes, the merits of an administrative decision maker's interpretation of a statutory provision must be consistent with the text,...
AI summary The text discusses the principles of statutory interpretation, emphasizing that administrative decision makers must interpret statutory provisions consistently with their text, context, and purpose. It references the Interpretation Act in Nova Scotia and highlights the importance of aligning interpretations with legislative intent.
ing certain procedures set out in the Retailers Regulations . A retail supplier must also provide Boardapproved disclosure statements and rate comparisons to small-volume customers. [2024 NSUARB 66] [20] The Board has the power and authori...
AI summary The document discusses the implementation of the renewable to retail regime under the Electricity Act, highlighting the Board's authority to establish procedures and the obligation of NS Power or the IESO to facilitate the purchase of renewable low-impact electricity.
Nova Scotia Power obligations - 22 (1) Notwithstanding Section 77 of the Public Utilities Act , Nova Scotia Power, or IESO in relation to matters falling under its scope of authority pursuant to the More Access to Energy Act , shall mainta...
AI summary Nova Scotia Power is required to maintain and file with the Board various tariffs and procedures to facilitate the purchase of renewable low-impact electricity. The Board must ensure that existing customers and independent power producers are not negatively affected and that retail suppliers are responsible for their own service-related costs.
Program for customer to generate electricity - 6 (1) In this Section, "customer" means all metered accounts registered to the same person or entity under the same rate code in the same distribution zone. - (2) A public utility may develop...
AI summary This section outlines a program allowing customers to generate electricity for their own use and sell excess electricity to Nova Scotia Power at the same rate they pay for electricity. The program applies to customers with generators over 27 kilowatts, and only renewable low-impact electricity qualifies. The Board must approve the program before implementation, and the Governor in Council may regulate various aspects of the program.
Prohibition on system access charges and standard terms and conditions - 8 (1) A public utility may not create a fee structure, nor impose system access charges, that discourage customers from developing, installing and using their own ren...
AI summary The text prohibits public utilities from imposing system access charges that discourage customers from using renewable energy generators or energy storage. It also mandates Nova Scotia Power to develop standard terms and conditions for all customers, including those generating their own electricity, and outlines requirements for programs allowing customers to sell excess electricity back to the utility.
Class 2: greater than 100 kW up to 1 MW NSPI further proposed to limit all Class 1 participants to a total of 5 MW and all Class 2 participants to a total of 15 MW, with the stipulation that: …The system-wide 20 MW allocation for net-meter...
AI summary NSPI proposed capacity limits for net-metering participants, but the NSUARB rejected these limits, finding them inconsistent with promoting renewable energy. The 2022 amendments to the Electricity Act and Renewable Electricity Regulations have largely replaced the net metering program under Regulation 3.6 for new installations, while legacy arrangements continue under the Electricity Act.
3.4 Analysis [38] Renewall submits that s. 22(1) of the Electricity Act requires NS Power to facilitate the purchase of renewable low-impact electricity for the renewable to retail market and that s. 18(4) gives the Board the power and aut...
AI summary Renewall argues that NS Power must facilitate the purchase of renewable low-impact electricity for the renewable to retail market under the Electricity Act. NS Power counters that its obligations are not open-ended and that the original design of the renewable to retail market was intended for wholesale market mechanisms, not retail supplier access to distribution-connected generation or customer spill.
[46] NS Power reiterates this in further submissions in this matter: While [Renewall] asserts that the absence of a prohibition implies permissibility, NS Power respectfully disagrees, as such an interpretation would be contrary to basic p...
AI summary NS Power argues that the absence of a prohibition in the Electricity Act does not imply permissibility, asserting that legislative amendments specifically permitting self-generation and excess sale programs indicate the need for explicit authority. This interpretation aligns with statutory and regulatory principles, ensuring system reliability and customer equity.
- 3G 22 (1) Notwithstanding Section 77 of the Public Utilities Act , on or before the applicable date prescribed by the regulations, Nova Scotia Power Incorporated, or the IESO in relation to matters falling under its scope of authority pu...
AI summary The Nova Scotia Utility and Review Board (NSUARB) outlines requirements for Nova Scotia Power Inc. (NSPI) and the Independent Energy System Operator (IESO) to develop and maintain tariffs and procedures to facilitate the purchase of renewable low-impact electricity. The Board clarifies that the use of 'maintain' does not imply freezing existing standards in time.
3.5 Board Electricity Retailers Regulations and Code of Conduct [66] The parties did not identify specific amendments to the Board Electricity Retailers Regulations or the Code of Conduct . Renewall recommended that if the Board determined...
AI summary The parties did not propose specific amendments to the Board Electricity Retailers Regulations or the Code of Conduct. Renewall suggested that if the Board has jurisdiction to establish a process for amending or creating new tariffs for distribution-connected generation and net billing, this should be reviewed concurrently in that process, which the Board agrees is reasonable.
4.0 SUMMARY OF BOARD FINDINGS [67] The Board finds it has the jurisdiction to approve tariffs, procedures and standards of conduct relating to distribution-connected resources to supply retail suppliers with renewable low-impact electricit...
AI summary The Board has jurisdiction to approve tariffs and standards of conduct for distribution-connected resources providing renewable electricity to retail suppliers and net billing arrangements. NS Power is directed to engage with interested parties and file an application by April 1, 2026.
98662Letter NSPI re: Reply Response to Board letter
5 passages
Section 3A states: Program for customer to generate electricity 3A (1) In this Section, "customer" means all metered accounts registered to the same person or entity under the same rate code in a distribution zone. (2) A public utility may...
AI summary Section 3A of the Electricity Act allows customers to generate electricity for their own use and sell excess to the public utility at the same rate they pay. However, it does not permit third-party purchases or direct sales to other customers. This restriction is reinforced by NS Power's Reply Evidence under M06214, which clarifies that net metering provisions apply only to the customer-generator and NS Power, not to the RtR Market.
Summary of Outstanding Issues NS Power has been consistent in its messaging and approach to interpreting the EBS Tariff. Conversely, Renewall has been consistent in its suggestion that the expectation that supply and demand be equal is "im...
AI summary NS Power and Renewall disagree on the interpretation of the EBS Tariff, with Renewall arguing that requiring supply and demand equality is imprudent. NS Power maintains that compliance with the EBS Tariff is necessary and aligns with the Electricity Act. Renewall's proposal for Maximum Spill Capacity is criticized for not adhering to the EBS Tariff and lacks support from relevant metrics or process.
Background The Board Decision in which it approved the Company's RtR Tariff application did not address the issue of interruptible service in the RtR Market. NS Power's application for the approval of RtR tariffs in Matter number M06214 at...
AI summary The document discusses challenges in implementing interruptible service in the RtR market, including the need for revised tariff provisions, penalties for non-compliance, and coordination with the LRS and NPCC. NS Power and Renewall have discussed potential solutions, including performance commitments and similar commercial terms to existing agreements.
each project (during the next available study window) under the structure of Renewall purchasing surplus generation from these behind the meter qualifying generators. Summary of Outstanding Issues Renewall should not assume that a BTM gene...
AI summary The document discusses the limitations of Renewall Energy Inc.'s assumption that behind-the-meter (BTM) generators can qualify as generators capable of exporting to the grid. It clarifies that only generators under specific sections of the Electricity Act or NS Power programs have this ability. The EBS Tariff is designed for purchasing, not selling, renewable electricity from BTM generators.
Conclusion NS Power has, and continues to, undertake its best efforts to go above and beyond its obligations under section 3G of the Electricity Act . While NS Power is committed to working together with Renewall to mark a significant mile...
AI summary NS Power emphasizes its commitment to exceeding obligations under the Electricity Act and highlights the need to address complex issues that may affect customers. The message encourages a written response to outstanding issues and next steps, with a focus on maintaining clear communication.
98902Submissions - Renewall
5 passages
Delivered by E-mail Crystal Henwood 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. Henwood: Re: M12339 – Renewall Energy Inc. Reque...
AI summary Renewall Energy Inc. (REI) is requesting the Nova Scotia Utility and Review Board to establish a process for amending or creating a new tariff to enable the purchase of renewable energy from distribution-connected generators and surplus customer generation. REI argues that such activities are permitted under the Electricity Act and related regulations, and that the Board has the jurisdiction to address the tariff structure.
the Board's approval of tariffs and procedures "necessary to facilitate the purchase of renewable low-impact electricity as provided for in Section 3C." Nova Scotia Power Incorporated obligations - 3G (1) Notwithstanding Section 77 of the...
AI summary The text discusses the Board's authority to approve tariffs and procedures necessary for the purchase of renewable low-impact electricity as outlined in Section 3C. Nova Scotia Power Incorporated has obligations to develop and file these tariffs and procedures with the Board, including open access transmission, distribution, and interconnection procedures.
generation or excess electricity under the residential net metering program. Additionally, REI is seeking to have the ability to aggregate that distributed energy and redistribute to other customers. Within the current scheme, if a retail...
AI summary REI seeks the ability to aggregate excess electricity from residential net metering and redistribute it. The current scheme allows NSPI to benefit from spilled energy without compensating customers, which may be unfair. The Board has previously approved 'net billing' for REI's customers, and Schedule C of a July 2024 Board Order includes net billing/net metering as an option for residential customers.
t the time, NSPI approved and executed the Standard Small Generator Interconnection Agreement, and the Board did not take issue with the counting of this renewable electricity as part of REI's filing. The current legislative framework all...
AI summary NSPI approved a standard interconnection agreement for renewable energy, but requires explicit direction from the Board to create tariffs for the RtR market. REI argues that there is no legislative restriction on LRS purchasing distribution-connected energy and that the Board has the authority to establish necessary tariffs.
October 25, 2023 Crystal Henwood 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 Dear Ms. Henwood: Re: M10293 – Roswall Development Inc –...
AI summary Renewall Energy Inc. submitted an annual forecast for the compliance period of 2024-2025 as part of its application for a Renewable to Retail Supplier License. The submission includes appendices that are being requested for confidential treatment due to their sensitive commercial nature.
98979Reply to REI's Submissions - NS Power
4 passages
August 15, 2025 Crystal Henwood Clerk of the Board Nova Scotia Energy Board 1601 Lower Water Street, 3rd Floor Halifax, NS B3J 3S3 Re: M12339 – Renewall Energy Inc. (REI) Request for Tariffs for the Renewable to Retail Market – Reply Dear...
AI summary Nova Scotia Power Inc. (NS Power) responds to Renewall Energy Inc.'s (REI) request for tariffs in the Renewable to Retail Market, stating that the current legislative and regulatory framework does not allow Licensed Retail Suppliers to use NS Power's distribution system for the purposes outlined in REI's submissions.
Comment on REI's Interpretation of Board Approval of Net Metering via SVC Schedules C & D NS Power does not agree with REI's assertion that the Board has approved net metering in the RtR market through the approval of the Small Volume Cust...
AI summary NS Power disagrees with REI's interpretation that the Board's approval of Schedules C & D in Matter M10293 constitutes approval of net metering in the RtR market. The schedules reflect Renewall's contractual offer and do not equate to a regulated net metering mechanism or endorsement of infrastructure or tariff arrangements for surplus generation redistribution.
Tariff Implications The proposals advanced by REI, if implemented, would necessitate the creation of new distribution-level access and compensation mechanisms that go beyond the existing Distribution Tariff and the intended scope of the Rt...
AI summary The proposals by REI would require new distribution-level access and compensation mechanisms beyond current tariffs, raising complex cost allocation and system operation issues. NS Power maintains that any such framework must have clear legislative authority and proper regulatory process, and cannot support these proposals without it.
Board Electricity Retailers (BER) Regulations and the Code of Conduct NS Power's interpretation of the BER Regulations and Code of Conduct for Renewable Low-Impact Electricity Sales in Nova Scotia is provided in Appendix A of its July 23,...
AI summary NS Power interprets the BER Regulations and Code of Conduct as sufficient for current operations, opposing amendments proposed by Renewall. The current framework does not support Renewall's proposed activities.
99072Reply Submission - Renewall
5 passages
Delivered by Email Crystal Henwood Regulatory Affairs Officer/Clerk Nova Scotia Energy Board 3rd Floor, 1601 Lower Water Street PO Box 1692, Unit "M" Halifax NS B3J 3S3 Dear Ms. Henwood: Re: M12339 - REI - Request for Tariffs for the Renew...
AI summary This email communication from Renewall Energy Inc. relates to a regulatory proceeding (M12339) concerning the submission of tariff requests for the Renewable to Retail Market. It notes that all parties agree on principles of legislative interpretation but disagree on their application to the Electricity Act .
Purpose and Intention of Government The RtR provisions in the Electricity Act were introduced as part of the Energy Reform (2013) Act . When the Bill to amend the Electricity Act was introduced, it was made clear that the purpose was to pr...
AI summary The document outlines the purpose and intention of the government regarding the Retail-to-Retail (RtR) provisions in the Electricity Act , emphasizing the promotion of competition, renewable investment, and market adaptability. NSPI notes the slow progress of retail competition and the challenges faced by REI, the first Licensed Retail Supplier (LRS), in accessing renewable electricity and setting fair tariffs.
ons mandate that NSPI purchase this energy, to a certain extent, and at a specific price. It is now ensured that customers of NSPI are compensated for the energy they produce in excess of their usage. Sections 3A and 3AA can be given meani...
AI summary The text discusses the legislative framework ensuring NSPI purchases excess renewable energy from customers and supports the interpretation that Sections 3A and 3AA do not restrict the sale of excess electricity to LRS. Premier Tim Houston's statements emphasize supporting the greening of the grid and protecting ratepayers and the solar industry.
Behind the Meter Sales With respect to the suggestion that retail customers cannot self-generate renewable energy, that has previously been rejected the Board. During the hearing establishing the RtR Market in 2016, Matter M06214, NSPI had...
AI summary The Board has previously rejected the argument that retail customers cannot self-generate renewable energy behind the meter. During the 2016 RtR Market hearing (Matter M06214), the Board ruled that such arrangements are not subject to regulation under the Public Utilities Act, emphasizing the intent of the legislation to support renewable energy generation.
Conclusion The Electricity Act , and provisions pertaining to the RtR Market, must be given meaning based on the words used, within the context of the Act , read harmoniously with the purposes of the Act and particular provisions. The RtR...
AI summary The conclusion emphasizes that the Electricity Act allows the Board broad discretion in creating tariffs for the RtR Market to facilitate the sale of low-impact renewable energy. There are no legal restrictions on LRSs using the distribution system to access excess renewable electricity. REI requests the Board establish a process and timetable for implementing these tariffs.
100025Board Decision
12 passages
- [1] Renewall Energy Inc. is a licensed retail supplier under the renewable to retail provisions in the Electricity Act , SNS 2025, c 18, Schedule. These provisions were added to the Electricity Act in 2013 and came into force in 2014. Th...
AI summary Renewall Energy Inc., a licensed retail supplier in Nova Scotia, has requested the NSUARB to expedite a process to amend or create new tariffs for distribution-connected generation and net billing. NS Power argues the Board lacks jurisdiction, but the Board asserts it has the authority to approve such tariffs and directs NS Power to engage with stakeholders and file an application by April 1, 2026.
2.0 BACKGROUND - [5] On June 19, 2025, Renewall sought directions from the Board and requested an expedited process to amend the existing renewable to retail tariffs or create a new tariff to enable distribution-connected generation and ne...
AI summary In June 2025, Renewall requested the Board to amend or create a new tariff to enable distribution-connected generation and net billing, citing NS Power's obligations. NS Power responded that net metering is not available in the renewable to retail market. The Board requested submissions on whether existing regulations could be amended and set a timeline for interventions.
Nova Scotia Power obligations - 22 (1) Notwithstanding Section 77 of the Public Utilities Act , Nova Scotia Power, or IESO in relation to matters falling under its scope of authority pursuant to the More Access to Energy Act , shall mainta...
AI summary Nova Scotia Power is required to maintain and file with the Board new or amended tariffs and procedures to facilitate the purchase of renewable low-impact electricity, in accordance with the Public Utilities Act and the More Access to Energy Act. The Board must ensure that existing customers and independent power producers are not negatively affected by these changes.
Program for customer to generate electricity - 6 (1) In this Section, "customer" means all metered accounts registered to the same person or entity under the same rate code in the same distribution zone. - (2) A public utility may develop...
AI summary This section outlines a program allowing customers to generate electricity for their own use and sell excess electricity to Nova Scotia Power at the rate they pay for electricity. The program applies to specific customer classes and generators with nameplate capacities over 27 kW. It also includes regulatory requirements for approval, data collection, and oversight by the Board.
Prohibition on system access charges and standard terms and conditions - 8 (1) A public utility may not create a fee structure, nor impose system access charges, that discourage customers from developing, installing and using their own ren...
AI summary The regulation prohibits public utilities from imposing system access charges that discourage customers from using renewable energy generators or energy storage. Nova Scotia Power is required to develop standard terms and conditions for all customers and must maintain a program for renewable low-impact electricity generation, which must be approved by the Board.
Class 2: greater than 100 kW up to 1 MW NSPI further proposed to limit all Class 1 participants to a total of 5 MW and all Class 2 participants to a total of 15 MW, with the stipulation that: …The system-wide 20 MW allocation for net-meter...
AI summary NSPI proposed class-based net-metering limits, but the NSUARB rejected them due to lack of evidence and inconsistency with renewable energy goals. The 2022 amendments to the Electricity Act and Renewable Electricity Regulations have largely replaced the legacy net-metering program, though some provisions remain.
limiting a retail supplier to generating or purchasing its supply of renewable low-impact electricity at the transmission level, or that its supply cannot include spilled energy from retail customers. [41] As noted earlier, the Electricity...
AI summary The text discusses the Electricity Act and its lack of explicit provisions regarding the procurement of renewable low-impact electricity by retail suppliers. Renewall argues that the legislation does not need to address every aspect of the renewable to retail market and highlights that NS Power's 2016 application for renewable to retail tariffs included distribution-connected generation.
Section 3A states: Program for customer to generate electricity 3A (1) In this Section, "customer" means all metered accounts registered to the same person or entity under the same rate code in a distribution zone. (2) A public utility may...
AI summary Section 3A of the Electricity Act allows customers to generate electricity for their own use and sell excess to the public utility at the same rate they pay. However, it explicitly restricts third-party purchases and retail arrangements, with NS Power emphasizing that net metering provisions apply only to the customer-generator relationship and not to renewable to retail services.
[46] NS Power reiterates this in further submissions in this matter: While [Renewall] asserts that the absence of a prohibition implies permissibility, NS Power respectfully disagrees, as such an interpretation would be contrary to basic p...
AI summary NS Power argues that the absence of a prohibition in the Electricity Act does not imply permissibility, asserting that legislative amendments were intended to explicitly permit self-generation and excess sale programs. They emphasize that such explicit authority is necessary to ensure reliability, system integrity, and customer equity.
3.4.1 Findings [54] The Board agrees with NS Power that its obligations under s. 22 of the Electricity Act are not open-ended and it has no duty to facilitate "any and all" aspects of Renewall's business plans. However, NS Power must "faci...
AI summary The Board agrees with NS Power that its obligations under s. 22 of the Electricity Act are not open-ended, but it must facilitate the purchase of renewable low-impact electricity as outlined in Section 18. The Board also notes that the wording in s. 22 has changed from previous versions in the statute.
3.5 Board Electricity Retailers Regulations and Code of Conduct [66] The parties did not identify specific amendments to the Board Electricity Retailers Regulations or the Code of Conduct . Renewall recommended that if the Board determined...
AI summary The parties did not propose specific amendments to the Board Electricity Retailers Regulations or the Code of Conduct. Renewall suggested that if the Board has the jurisdiction to amend or create new tariffs for distribution-connected generation and net billing, this could be addressed concurrently. The Board agrees this is a reasonable approach.
4.0 SUMMARY OF BOARD FINDINGS [67] The Board finds it has the jurisdiction to approve tariffs, procedures and standards of conduct relating to distribution-connected resources to supply retail suppliers with renewable low-impact electricit...
AI summary The Board finds it has the jurisdiction to approve tariffs, procedures, and standards of conduct for distribution-connected resources that supply renewable low-impact electricity to retail suppliers and net billing arrangements. NS Power is directed to engage with interested parties and file an application by April 1, 2026.
102243Letter NSPI re: Further extension request
3 passages
The Board ordered that: - 1. NS Power must engage with interested parties, as contemplated under s. 22(1) of the Electricity Act, to develop or amend any tariffs, procedures or standards of conduct necessary to enable distribution-connecte...
AI summary The Board ordered NS Power to develop or amend tariffs and procedures for enabling distribution-connected generation and net billing. NS Power engaged Power Advisory LLC to assist with tariff development and sought multiple extensions to complete the work. While progress has been made, critical elements of the required tariffs remain to be finalized.
Workplan The proposed workplan contemplates a staged approach through June and July culminating in the filing of the application no later than July 31, 2026. During June, the parties will undertake focused issue resolution activities throu...
AI summary The proposed workplan outlines a staged approach for addressing issues related to interconnection process revisions and market rule revisions, with collaboration between NS Power, REI, and Power Advisory. The plan includes issue resolution in June and preparation of application materials in July, with stakeholder engagement sessions planned.
Request Considering the workplan outlined above, and with the support of REI, NS Power respectfully requests that the Board extend the deadline for filing the application for tariff approval to July 31, 2026. NS Power submits that this app...
AI summary NS Power, with support from REI, requests the Board to extend the deadline for filing the tariff approval application to July 31, 2026, arguing that this will allow for a more complete application record and improve the regulatory review process.