E-1EfficiencyOne Application - Revised Application see Exhibit E-43
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NOV A SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act, R.S.N.S. 1989, c. 30 as amended -and- IN THE MATTER OF: An Application by EfficiencyOne for Approval of an electricity efficiency and conservation and Supply...
AI summary The Nova Scotia Utility and Review Board is considering an application by EfficiencyOne for approval of an electricity efficiency and conservation agreement with NSPI (Nova Scotia Power Inc.) from 2016 to 2018, under the Public Utilities Act, R.S.N.S. 1989, c. 30, as amended, specifically section 791.
EfficiencyOne IN THE MATTER OF The Public Utilities Act , R.S.N.S. 1989, c.380, as amended. - and - IN THE MATTER OF An Application pursuant to Subsection 79J(3) of the Public Utilities Act for Approval of the 2016-2018 Supply Agreement fo...
AI summary The document concerns an application under the Public Utilities Act for approval of a 2016-2018 electricity efficiency and conservation supply agreement. The proceeding involves Nova Scotia Power Inc. (NSPI) and focuses on regulatory approval for energy efficiency programs.
2.2 2014 DSM Programs ENSC exceeded target in 2014, achieving 151.9 GWh of energy savings compared to the UARB-approved target of 137.8 GWh. These savings include results from both the Residential and Business, Non-profit, and Institutiona...
AI summary ENSC exceeded 2014 DSM energy savings targets by 14.1 GWh, driven by the Home Energy Report program. Customer satisfaction remained stable at 91.2, and results aligned with the UARB-approved 137.8 GWh target. The NSUARB (2012) DSM Settlement Agreement is referenced.
Other Enabling Strategies In 2014, ENSC continued to offer training on ENSC's mandate and program-specific information to trade partners and contractors. ENSC worked with the Nova Scotia Community College to develop online versions of this...
AI summary In 2014, ENSC expanded training initiatives with the Nova Scotia Community College, promoted local contractors via an online tool, and advanced energy efficiency codes through CACEE and SCOPEER. ENSC also worked on amending the Nova Scotia Energy-efficient Appliances Act to align with federal standards.
3.1 Summary The 2016-2018 DSM Resource Plan, as presented in Appendix A, is a three-year plan in accordance with the requirements of the Public Utilities Act. The Plan proposes a three- year energy savings target and a three-year system pe...
AI summary The 2016-2018 DSM Resource Plan aligns with the Public Utilities Act, setting energy and peak demand savings targets. ENS will adapt programs based on research, improve customer engagement, and implement Enabling Strategies like education, research, and market transformation initiatives to drive energy efficiency in Nova Scotia.
4.1 Development of 2016-2018 DSM Program Targets and Investment The 2016-2018 DSM Resource Plan has been developed based on ENS's growing experience and history in delivering successful DSM programs and services to Nova Scotians. As part o...
AI summary ENS developed the 2016-2018 DSM Resource Plan using Navigant Consulting's EL-RAM model, aligning with cost-effective targets and investment levels. The Plan's 405.9 GWh energy savings and 62.5 MW demand savings aim to balance affordability with long-term energy needs, referencing NS Power's 2014 IRP and updated assumptions. ENS emphasizes reduced rate pressures and capacity additions compared to prior scenarios.
4.1.1 Results of NS Power's 2014 Integrated Resource Plan (IRP) Process The Preferred Resource Plan from NS Power's 2014 IRP specified that the Candidate Resource Plan modelled by Synapse Engineering Economics included a level of DSM consi...
AI summary NS Power's 2014 IRP identified a Candidate Resource Plan (CRP) with Mid-DSM levels from ENSC's study as yielding the lowest revenue requirement. High-DSM scenarios, when end-effects were considered, provided long-term benefits with lower ongoing costs. ENS opted against Mid-DSM due to legislative and structural changes, aligning instead with government policy and the Public Utilities Act's deferral/amortization provisions.
4.5.2 HST ENSC filed a ruling request with the Canada Revenue Agency (CRA) in October 2010 on the following two issues: 1) is the corporation making a taxable supply to NS Power and, as a result, whether the corporation is required to char...
AI summary ENSC requested CRA rulings on HST applicability for DSM programs and ITC eligibility, both denied in 2012. A 2015 CRA Appeals Division confirmation upheld the denial, but ENSTC may appeal to Canada's Tax Court. The 2014 Electricity Efficiency and Conservation Restructuring Act allows ENS to claim ITCs starting in 2015.
5.1 Cost-Effectiveness Testing The Total Resource Cost (TRC) test has been the primary cost-effectiveness test for demand-side management in Nova Scotia since the commencement of DSM-related activities in the province. In the early years,...
AI summary Nova Scotia's DSM program shifted from measure-level TRC testing to program-level screening in 2011, allowing strategic measures with TRC ratios below one. ENS now seeks UARB approval to replace TRC with PAC as the primary cost-effectiveness test for future DSM plans, citing the 2012 plan and Dunsky analysis.
1. INTRODUCTION The 2016-2018 DSM Resource Plan has been developed based on ENS's growing experience and history in delivering successful DSM programs and services to Nova Scotians. As part of the process, ENS engaged Navigant Consulting a...
AI summary The 2016-2018 DSM Resource Plan by Efficiency Nova Scotia (ENS) outlines energy efficiency programs, emphasizing flexibility for mid-course adjustments based on market conditions and evaluations. It balances affordability, avoids electrical system capacity additions, and includes residential, business, and enabling strategy programs. The Plan is for planning and cost-effectiveness testing, not direct implementation.
Public Utilities Act Under Section 79I of the Public Utilities Act , NS Power is required to purchase reasonably available, cost-effective energy efficiency and conservation activities. NS Power is obligated to meet this requirement by ent...
AI summary Under Sections 79I and 79J of the Public Utilities Act , NS Power must enter into a three-year agreement with a franchise holder to purchase energy efficiency and conservation activities. ENS argues that the contracted deliverable should reflect three-year cumulative energy and peak demand savings.
Deferral and Amortization At the request of stakeholders, ENS has incorporated functionality into the model to assess the impacts of deferral and amortization on rates and bills. Two scenarios have been provided: DSM being 100 percent expe...
AI summary ENS analyzed deferral and amortization impacts on rates and bills, presenting two scenarios: 100% expensing of DSM or 50% amortization over eight years. The eight-year period aligns with the 2015 DSM plan, while the 50% cap avoids exceeding the $100M legislative limit. Short-term benefits are noted, but long-term rate increases are minimal (<1%) compared to avoided capacity costs.
1.3 Legislative Charge In the Public Utilities Act, the Nova Scotia General Assembly mandated that Nova Scotia Power Inc. (NSPI) "undertake cost-effective energy efficiency and conservation activities that are reasonably available in an ef...
AI summary The Nova Scotia General Assembly mandates Nova Scotia Power Inc. (NSPI) to undertake cost-effective energy efficiency and conservation activities under the Public Utilities Act, emphasizing their ability to reduce customer costs. The directive requires balancing benefits, costs, and rate class interests, with affordability being a key consideration for the Nova Scotia Utility and Review Board.
DSM PERFORMANCE INDICATORS
AI summary The document outlines performance indicators for Demand Side Management (DSM) programs, likely related to regulatory proceedings in Nova Scotia. It may involve entities like Nova Scotia Power Inc. (NSPI) and Efficiency Nova Scotia (ENS), with focus on energy efficiency, program evaluation, and compliance with regulatory standards.
ine data can complement achieved savings to provide a more accurate picture of success. This would be the case, for example, if the Corporation fell short of its savings target but had built an unusually extensive pipeline of projects, or...
AI summary The document recommends that Efficiency Nova Scotia (ENS) consider adding performance indicators like total ratepayer benefits and project pipeline metrics to its annual reporting to better assess program success. It notes that while these metrics could enhance reporting, they are not yet suitable as targets due to methodological and cost challenges.
(1) Legality EfficiencyOne has to be acting within the limits of its legal authority as established by its constating documents. You have assured us that this is indeed the case.
AI summary EfficiencyOne must operate within the legal authority defined by its constating documents, as confirmed by assurances provided in the proceeding.
s, or by moving to the more straightforward PAC test. While both options involve tradeoffs, in the case of Nova Scotia, the preponderance of arguments point strongly toward focusing on the PAC test: - Simplicity: Applying the PAC will be a...
AI summary The analysis recommends adopting the Program Administrator Cost (PAC) test over the Total Resource Cost (TRC) method for evaluating Demand Side Management (DSM) programs in Nova Scotia. Key reasons include simplicity, accuracy concerns with TRC, relevance to ratepayer interests, and alignment with the 2014 Electricity Efficiency and Conservation Restructuring Act. The National Efficiency Screening Project (NESP) is also mentioned as a related initiative.
Finally, it is worth mentioning that in all cases, the tests were initially devised to provide guidance to inform reasonable judgment, rather than to be used individually as a hard "go/no-go". To wit: "The tests set forth in this manual ar...
AI summary The text emphasizes that cost-effectiveness tests are meant to guide decision-making rather than serve as rigid thresholds. It references a 2001 California document stressing the need for a multi-perspective approach, noting that while some regions maintain this intent, others have shifted toward using single-test thresholds.
ISSUE #3: RATEPAYER VALUE: DOES THE TRC BEST REFLECT A RATEPAYER PERSPECTIVE? The Total Resource Cost test seeks to find the theoretically optimal investment, irrespective of who – ratepayers (through the program administrator) or particip...
AI summary The TRC test aggregates all costs, including those borne by participants, which may not align with ratepayer interests. Critics argue it fails to reflect program efficiency or stakeholder concerns about who pays. The California Standard Practice Manual highlights that TRC includes participant costs, unlike supply-side options, potentially distorting program decisions and overlooking long-term market transformation.
IMPLICATIONS FOR NOVA SCOTIA Nova Scotia has no binding targets for energy efficiency. However, the Electricity Efficiency and Conservation Restructuring (2014) Act structures DSM as a utility least-cost procurement. As previously noted, t...
AI summary Nova Scotia lacks binding energy efficiency targets, but the 2014 Electricity Efficiency and Conservation Restructuring Act frames DSM as least-cost procurement. The PAC test, not TRC, reflects this approach, though the original TRC framework persisted until 2011. The 2011 modification addressed contradictions in program cost-verification methods.
1. ACCOUNT FOR PARTICIPANT NON-ENERGY BENEFITS (NEBS) The exclusion of participant NEBs is arguably the most important factor in generating bias against DSM. On the other hand, the reason that NEBs have historically been excluded is that t...
AI summary The exclusion of participant non-energy benefits (NEBs) may bias against demand-side management (DSM). NEBs are hard to quantify, leading to varied valuation methods: specific valuations via market research, inferred valuations using cost-saving algorithms, or approximate adders. Each approach has trade-offs, balancing accuracy against over-conservatism or false precision.
Figure 8. Participant NEBs: The Case of B.C. In British Columbia, the ambitious DSM goals of BC Hydro and Fortis BC recently began to hit up against the limitations of the TRC. As a result, in December 2011, the province chose to redefine...
AI summary British Columbia redefined its Total Resource Cost (TRC) test to include non-energy benefits (NEBs) from demand-side management (DSM) programs. Three methods were introduced for NEB inclusion, with a 15% cap on portfolio-level impacts. Nova Scotia Power may benefit from reduced utility costs due to lower consumer electricity bills, though these are not quantified as utility NEBs.
3. ACCOUNT FOR ENVIRONMENTAL EXTERNALITIES? Environmental externalities are the most common DSM non-energy benefit included in costeffectiveness screening. A recent ACEEE study (Kushler, Nowak, & Witte, 2012) reports that 35% of the survey...
AI summary The text discusses the inclusion of environmental externalities in demand-side management (DSM) cost-effectiveness screening, citing a 2012 ACEEE study showing 35% of U.S. jurisdictions include such benefits. It notes that Nova Scotia's regulations may already internalize emissions through existing compliance measures, questioning the need for additional externalities accounting beyond societal perspectives.
4. REVISIT DISCOUNTING PRACTICE One last component that can be addressed relates to the treatment of future streams of energy savings. In the past, when utilities were by and large the sole administrators of DSM programs, the TRC typically...
AI summary The text argues that Nova Scotia should reconsider using the utility's weighted average cost of capital (WACC) as the discount rate for demand-side management (DSM) programs, given the shift to non-profit administration by Efficiency Nova Scotia (ENS) and societal policy influences. It highlights that DSM's risk profile is more favorable than supply options, and suggests adopting a societal discount rate, as seen in Efficiency Vermont's model.
PRIMARY RECOMMENDATION Our review of the issues and options for Nova Scotia concludes with the need to change the current cost-effectiveness framework, to ensure internal consistency and best practices. In the absence of significant change...
AI summary The analysis recommends shifting from the Total Resource Cost (TRC) to the Program Administrator Cost (PAC) test for evaluating Demand Side Management (DSM) in Nova Scotia. This change is advocated for its simplicity, accuracy, relevance to ratepayer interests, and alignment with the 2014 Electricity Efficiency and Conservation Restructuring Act and Nova Scotia Power Inc.'s Integrated Resource Plan (IRP).
- NMR Group Inc. (2011). Massachusetts Special and Cross-Sector Studies Area, Residential and Low-Income Non-Energy Impacts (NEI) Evaluation. - Northwest Power and Conservation Council. (2010). Sixt Northwest Conservation and Electric Powe...
AI summary The text lists references to energy efficiency studies, legislative acts, and regulatory proceedings in Nova Scotia and other regions. Key documents include NSPI's DSM proposal, the 2014 Electric Efficiency and Conservation Restructuring Act, and Synapse Energy Economics' commentary on NSPI's Integrated Resource Plan. References also include studies on non-energy impacts and conservation planning.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI of Significant Changes simultaneously with submitting an application to the UARB for approval. NSPI retains the right to submit written comments to the UARB regarding proposed changes to the EECA Plan, subject to UARB's discretion under the Act.
9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...
AI summary EfficiencyOne's covenants with NSPI include legal obligations to perform EECA services, compliance with laws, subcontractor management, and notification of supply disruptions. EfficiencyOne must ensure licensed personnel, maintain permits, and remain responsible for subcontractors' work. NSPI and UARB are referenced as stakeholders.
12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...
AI summary EfficiencyOne's performance under the Agreement is evaluated based on performance requirements set by the UARB under Section 79M of the Act, as detailed in Schedule 'C'. This establishes the framework for measuring compliance with regulatory standards.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary EfficiencyOne and NSPI agree to mutual indemnification against liabilities except those caused by the other party's negligence or wilful misconduct. EfficiencyOne must defend NSPI against third-party intellectual property claims related to its obligations under the agreement, with specific provisions for legal costs and settlements.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines the liability limits for both EfficiencyOne and NSPI under the agreement. Each party's liability is capped at $2 million, except in cases involving indemnification, wilful misconduct, or refund obligations, which are excluded from the cap.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary EfficiencyOne must maintain specific insurance coverage, including general liability, environmental impairment, auto liability, property, professional liability, and workers' compensation, with defined limits and conditions. NSPI may enforce these requirements and recover insurance costs if EfficiencyOne fails to comply. EfficiencyOne must also provide annual proof of insurance and ensure subcontractors adhere to the same obligations.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien Indemnitee ") and defend each of them from and...
AI summary EfficiencyOne must indemnify NSPI against liens or claims arising from subcontractors or other parties involved in the EECA. NSPI can offset costs if EfficiencyOne fails to discharge these liens, with EfficiencyOne having the right to contest them with a bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the " Quarterly Report ") in a form acceptable to the UARB. - 25.2 EfficiencyO...
AI summary EfficiencyOne is required to submit quarterly and annual reports to the UARB and NSPI, detailing EECA progress, financials, and savings. Regular coordination meetings are mandated to ensure effective planning and alignment between NSPI and EfficiencyOne.
26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...
AI summary The agreement outlines legal terms for renewal based on the Act, specifies EfficiencyOne as an independent contractor, governs by Nova Scotia and Canadian laws, and requires UARB approval for amendments. It emphasizes jurisdiction of the Supreme Court of Nova Scotia and irrevocable attornment to its jurisdiction.
1 IN WITNESS THEREOF , the Parties have duly executed this Agreement, in duplicate, as of the 2 date set forth above. 1 2 3 4 (s.14), intellectual property (s. 17), notification (s. 21) and general provisions (s. 26) as well as any provisi...
AI summary This document outlines an agreement between EfficiencyOne and Nova Scotia Power Incorporated, including confidentiality and non-disclosure terms. It references the UARB's approval of performance standards and includes sections on intellectual property, liability, and general provisions.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The recipient is restricted to using confidential information solely for EECA purposes as outlined in the legislation and supply agreement, with no other permitted uses.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality terms, requiring signed undertakings. Disclosures mandated by law or regulatory bodies are permitted with prior notice to the Disclosing Party, who may seek protective orders or waive confidentiality. The Recipient must attempt to redact commercially sensitive information before such disclosures.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, as explicitly stated in the governing law clause.
E-8Evidence of Nova Scotia Power Inc.
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(b) Codes and Standards Energy efficiency improvements can also be achieved in ways other than through rate-payer-funded DSM, such as through the enhancement of codes and standards and financing. E1 has indicated its support for, and parti...
AI summary NS Power and E1 (NSPI) advocate for enhancing energy efficiency through codes and standards, reducing reliance on DSM incentives. Strengthening appliance and building codes can improve efficiency and address cross-subsidization issues without direct incentives.
1 Sufficiency of the Information Provided 2 3 Q. WHY DO YOU BELIEVE THAT INSUFFICIENT INFORMATION HAS 4 BEEN PROVIDED WITH RESPECT TO THE PROGRAMS? 5 A. In order to assess the prudence of the activities and budget associated 6 with each pr...
AI summary The testimony argues that EfficiencyOne (NSPI) provided insufficient program details, omitting key elements like incentive strategies, budgets, and staffing plans. This lack of information hinders regulatory assessment of program prudence and contract finalization, as per UARB requirements.
12 Contractual, Reporting, and Approval Requirements - 14 Q. HAVE YOU REVIEWED EFFICIENCYONE'S PROPOSED "SUPPLY 15 AGREEMENT FOR ELECTRICITY ENERGY EFFICIENCY AND 16 CONSERVATION ACTIVITIES BETWEEN NOVA SCOTIA POWER 17 INCORPORATED AND EFF...
AI summary The reviewer evaluated EfficiencyOne's proposed agreement with Nova Scotia Power Inc. (NSP), finding it lacking in oversight, detail, and alignment with industry standards. The proposal requires more frequent reporting, stricter performance standards, and reduced autonomy for EfficiencyOne to ensure program reliability and compliance. The reviewer recommends enhanced scope descriptions, approval processes, and remedies for underperformance.
EXPERIENCE OVERVIEW Mr. Pickles serves as a Senior Vice President for the Energy Efficiency Practice, where he is responsible for project execution, business development, and management. Mr. Pickles has over twenty five years experience as...
AI summary Mr. Pickles, a Senior Vice President in Energy Efficiency Practice, has over 25 years of experience in regulation, utility leadership, and consulting. He has designed and managed over 100 energy efficiency programs, provided expert testimony 20+ times, and worked on program planning, marketing, rate-making, and regulatory policy for public and private clients.
ENERGY EFFICIENCY PROGRAMS, POLICY, AND IMPLEMENTATION For a confidential Southwestern electric utility, provided a detailed assessment of DSM cost recovery mechanisms including financial modeling of alternative DSM cost recovery, lost mar...
AI summary ICF International provided energy efficiency and DSM program analysis, cost recovery modeling, regulatory filings, and stakeholder engagement for multiple utilities and states, including Entergy, Maryland Energy Administration, Hawaii Electric Light Company, and others. Services included DSM potential studies, rate design assessments, and shareholder incentive mechanisms.
Attachment A Page 2 of 6 2016-2018 DSM NS Power Evidence Appendix A Page 45 of 100 Developed DSM program filings (including DSM potential, detailed program designs, regulatory filing and benchmarking documents, and full implementation serv...
AI summary The text details Mr. Pickles' work on demand-side management (DSM) programs for multiple utilities, including regulatory filings, energy efficiency initiatives, and financing programs. Projects span program design, cost-effectiveness analysis, and evaluations for utilities like Exelon, Delmarva Power, and Maui Electric, with a focus on compliance, implementation, and regulatory engagement.
Appendix B References 2011 Efficiency Maine Annual Report, http://www.efficiencymaine.com/docs/2011AnnualͲReport.pdf, Accessed January 29, 2015 2012Ͳ2013 Efficiency New Brunswick Annual Report, http://0101.nccdn.net/1_5/250/0f8/0fb/2012Ͳ13...
AI summary Appendix B lists references to annual reports, studies, and applications related to energy efficiency and resource planning in Nova Scotia and other provinces. Documents include Efficiency Maine and New Brunswick reports, BC Hydro resource options, and EECA supply agreements, highlighting regulatory and programmatic efforts in energy conservation and integrated resource planning.
Scope of Services The following UARB approved Electricity Efficiency and Conservation Activities are identified to be carried out by EfficiencyOne as a holder of the Efficiency Nova Scotia franchise, over the 2016‐2018 Agreement Term.
AI summary The UARB approved EfficiencyOne to carry out electricity efficiency and conservation activities under the Efficiency Nova Scotia franchise from 2016 to 2018.
62745Board Decision
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changes to DSM programming by amending the PUA and repealing the ENSC Act . Electricity efficiency and conservation activities were defined: - 79A In this Section and Sections 79B to 79V. . . . - (b) "electricity efficiency and conservatio...
AI summary The document outlines changes to demand-side management (DSM) programming through amendments to the Public Utilities Act (PUA) and repeal of the ENSC Act. It defines electricity efficiency and conservation activities, including demand reduction during peak periods and cost-effective system management. The Board equates DSM with these activities, requiring franchise holders to provide them under PUA provisions.
3.1 Evaluation Report of 2014 DSM Programs (Econoler) [28] As in the previous year, El engaged the services of Econoler Inc. ('Econoler") to conduct independent evaluations of the 2014 DSM programs. The Econoler team collaborated with two...
AI summary Econoler evaluated Nova Scotia's 2014 DSM programs under a rolling schedule from a 2012 Settlement Agreement, collaborating with Corporate Research and Equilibrium Engineering. The evaluation focused on validating ENSC's tracked savings and covered seven programs with 16 components, with reports filed in February 2015.
on (State and Local Energy Efficiency Action Network) Evaluation Protocol for behaviour-based programs, and is also strongly recommended in the Universal Methods Protocol for behaviour-based programs. [45] Similar to the Econoler recommend...
AI summary Dr. Peach's verification report addresses methodological flaws in OSM program evaluations, recommends using NSPI databases for comparisons, and suggests accepting vendor results with qualifications. Behavioral programs are classified as enabling strategies, not primary DSM tools. The report endorses improved evaluation practices and highlights the limited standalone value of behavioral-based programs.
3.3 Status of 2013 and 2014 Verification and Evaluation Recommendations [49] In Appendix C, attached to its application, El included Table 1 - Update on Implementation of 2013 Verification Recommendations, and Table 2 - Update on Implement...
AI summary Most 2013 and 2014 verification and evaluation recommendations are completed, with some ongoing. EfficiencyOne relies on 2015 evidence and will update in Q2. The Home Energy Report's savings were questioned, and Dr. Peach's evidence addressed this.
3.5.7 Rate and Bill Impact Analysis [105] In approving the Consensus Agreement the Board approves the Section 6 provisions related to rate and bill impact analysis.
AI summary The Board approves the Consensus Agreement's Section 6 provisions related to rate and bill impact analysis as part of the regulatory proceeding. This approval is explicitly referenced in the document's paragraph [105].
3.5.8 Program Cost Allocation [106] In approving the Consensus Agreement the Board has approved Section 4 on the cost allocation.
AI summary The Board approved Section 4 of the Consensus Agreement, which pertains to the cost allocation framework for the program. This approval is part of the regulatory process for managing program expenses under the relevant legislation.
3.6 Performance Targets, Indicators, and Thresholds [108] El proposed that the performance targets be cumulative annual energy and peak demand savings at the end of the three year period at the portfolio level and the performance indicator...
AI summary El proposes cumulative energy and demand savings targets with annual reporting, a 90% threshold, and 405.9 GWh/62.5 MW targets. The Board's reduced DSM spending may affect these targets.
3.6.1 Findings [111] The Consensus Agreement signed by the parties, and approved by the Board, provides further details on the performance targets, indicators and thresholds. These targets are cumulative at the end of the three year period...
AI summary The Consensus Agreement, approved by the Board, sets performance targets with a 90% compliance threshold. The Board ordered El to include these targets in its Compliance Filing, ensuring adherence to the agreed-upon indicators and thresholds over a three-year period.
3.7 Mid-Course Adjustments and Flexibility [112] In the Consensus Agreement, the parties agreed to the setting of targets over a three year period, instead of annual targets. El had sought the ability to make changes of up to 25% in target...
AI summary The Consensus Agreement allows El to adjust program targets by up to 25% annually at the sector level, requiring explanations for changes exceeding this threshold. El must avoid substantial annual impacts on customer classes and provide written notice for mid-course adjustments. The Industrial Group opposes this flexibility, arguing that adjustments exceeding 25% impact on customer classes should be denied.
3.10 Agreed form of Supply Agreement [120] El included an Agreed Form of Supply Agreement as Appendix J of its application, effective January 2016. The Supply Agreement generally outlines the terms and conditions which each party is expect...
AI summary El submitted an Agreed Form of Supply Agreement as Appendix J, effective January 2016, outlining terms under the PUA. Schedules were left blank pending the Board's decision and Compliance Filing.
3.10.1 Findings [121] The Board has reviewed the Supply Agreement and has no comments at this time. El is ordered to complete the Supply Agreement incorporating the Board's Decision as a part of its Compliance Filing.
AI summary The Board reviewed the Supply Agreement and has no comments but ordered El to complete it, incorporating the Board's decision into the Compliance Filing.
3.12.1 Findings [126] The parties in the Consensus Agreement have agreed to work on a standardized filing template and other information and to submit a report to the Board for approval. [127] The Board approves this process and awaits the...
AI summary The Consensus Agreement parties agree to develop a standardized filing template and submit a report to the Board for approval. The Board endorses this process and awaits the report's submission.
aving considered the history of underspending on DSM programming, the history of overachieving savings and demand targets, and as an inducement to bring greater rigor to the calculation of incentives. [142] The Board considers that the tar...
AI summary The Board approves the El DSM Plan within approved spending, acknowledges affordability under PUA s.79L, but warns against short-term focus. It rejects the Quantum Agreement but approves aspects like DSM Expenditure Justification Criteria. The Consensus Agreement is approved with referrals to the DSM Advisory Group, and TRC remains for cost effectiveness.
6.0 ORDER [149] An Order will issue following a Compliance Filing. The Compliance Filing is to be filed by September 15, 2015. If that is problematic, El and NSPI should approach Board Counsel to discuss an alternate date. DATED at Halifax...
AI summary An Order requires a Compliance Filing by September 15, 2015, with flexibility for alternate dates if problematic. The Order is dated August 12, 2015, and signed by Peter W. Gurnham and Kulvinder S. Dhillon.
1) IMPORTATION OF AGREEMENT a) The parties agree to incorporate by reference all of the terms of agreement reached in the partial settlement agreement among Efflcienqvne, Nova Scotia Power, the Consumer Advocate, the Small Bwiness Advocate...
AI summary Parties agree to incorporate terms from a partial settlement agreement in Matter M06733, involving Nova Scotia Power, advocates, industry groups, and energy coalitions. The agreement was reached before the Nova Scotia Utility and Review Board.
APPENDIX D
AI summary The document text provided only contains the heading 'APPENDIX D' with no substantive content. No arguments, claims, or references are present in the text.
Consensus Agreement M06733 IN THE MATtER OF: THE PUBLIC UTILITIES ACT And IN THE MATtER OF: An application by EfficiencyOneforApprovat of a Supply Agreementfor Electricity Efficiency and Conservation Activities between EfficiencyOne and No...
AI summary EfficiencyOne and Nova Scotia Power Inc. (NSPI) reached a consensus agreement regarding the approval of a 2016-2018 Demand Side Management (DSM) Resource Plan and a Supply Agreement for electricity efficiency activities. The agreement was reached under the Public Utilities Act, with the Nova Scotia Utility and Review Board's oversight. The Terms of Consensus are attached as Appendix A, with the right to amend based on further evidence.
3) PERFORMANCE TARGETS, INDICATORS AND THRESHOLDS - a) The parties agree to the following Performance Targets and Performance Indicators: - Performance Targets are set over the three-year contract period, rather than annually. - ) Efficien...
AI summary Parties agree to three-year performance targets for energy and peak demand savings, requiring 90% achievement for compliance. Indicators include annual savings, customer satisfaction, and rate impacts. EfficiencyOne must report by program and rate class, with specific methodologies for lifetime savings and ratepayer benefits.
63307Board Order
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WHEREAS: - A. EfficiencyOne and NSPI are both public utilities pursuant to the Act; and - B. Pursuant to the Act, EfficiencyOne has the exclusive right to supply NSPI with reasonably available, cost-effective Electricity Efficiency and Con...
AI summary EfficiencyOne (E1) and Nova Scotia Power Incorporated (NSPI) are both public utilities under the Electricity Efficiency and Conservation Act (EECA). E1 has the exclusive right to supply NSPI with cost-effective electricity efficiency activities, while NSPI is obligated to undertake such activities and enter agreements with E1 as the franchise holder to meet customer cost-reduction goals.
1. INTERPRETATION - 1.1 The following terms shall be interpreted as follows in this Agreement: - (a) "Act" shall mean the Public Utilities Act, R.S.N.S. 1989, c.380, as amended from time to time. - (b) "Agreement" means this agreement betw...
AI summary The 'INTERPRETATION' section defines key terms in the agreement between NSPI and EfficiencyOne. 'Act' refers to the Public Utilities Act, 'Agreement' includes the contract and attached schedules, and 'Business Day' excludes holidays in Nova Scotia.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI when applying to the UARB for approval of Significant Changes. NSPI retains the right to submit written comments to the UARB regarding such changes under the EECA Plan, subject to the Act and UARB's discretion.
6. SAFETY - 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and representatives of Eff...
AI summary EfficiencyOne is mandated to manage safety and loss under the EECA, ensuring compliance with all federal, provincial, and municipal health, safety, and environmental regulations. This includes oversight of employees, subcontractors, and agents to adhere to prescribed rules.
10. SUBCONTRACTORS - 10.1 EfficiencyOne shall be permitted to subcontract the performance of any part of the EECA without the prior written approval of NSPI. - 10.2 Where EfficiencyOne subcontracts any part of the EECA, EfficiencyOne shall...
AI summary EfficiencyOne may subcontract EECA obligations without NSPI approval but remains fully responsible for subcontractors' actions. Subcontractors have no direct contractual relationship with NSPI. The agreement emphasizes NSPI's rights preservation and EfficiencyOne's liability.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The Limit of Liability section caps EfficiencyOne's liability to NSPI at $2M or insurance proceeds, excluding indemnification, wilful misconduct, and refunds. NSPI's liability to EfficiencyOne is similarly capped at $2M, excluding wilful misconduct and Contract Price payments. Exceptions are detailed for both parties.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary EfficiencyOne must maintain specific insurance coverage, including general liability, environmental impairment, automobile liability, property insurance, and professional liability, with NSPI as an additional insured. NSPI may enforce insurance compliance and recover costs if EfficiencyOne fails. Deductibles and subcontractor obligations are also outlined under the EECA framework.
20. DEFAULT AND TERMINATION - 20.1 This Agreement may be terminated immediately by either Party, in whole or in part, upon the happening of one or more of the following events: - (a) EfficiencyOne's Franchise is terminated and the Agreemen...
AI summary The Agreement may be terminated by either party if EfficiencyOne's franchise is terminated without assignment by the Minister or the UARB approves termination. No compensation is allowed for consequential losses; EfficiencyOne must discontinue EECA and complete necessary portions. Claims must be asserted within 30 days of termination.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary The clause outlines EfficiencyOne's obligation to maintain records of EECA compliance for 36 months post-term. NSPI may request UARB access to these records and inspect EECA implementation, with EfficiencyOne required to facilitate inspections safely. NSPI retains rights to observe EECA compliance via its own or third-party inspectors.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the "Quarterly Report") in a form acceptable to the UARB. - 25.2 EfficiencyOne...
AI summary EfficiencyOne must provide quarterly and annual reports to UARB and NSPI, detailing EECA compliance, financials, and performance metrics. Quarterly coordination meetings are required. Reporting must align with a 2015 Consensus Agreement and UARB Decision M06733.
26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...
AI summary The agreement outlines renewal conditions under the EECA, specifies EfficiencyOne as an independent contractor, governs by Nova Scotia and Canadian laws, and requires UARB approval for amendments. It also addresses jurisdiction, waiver provisions, and agreement execution.
(PAGE 1 OF 2) - I. UARB-APPROVED PERFORMANCE TARGETS. THRESHOLDS. AND INDICATORS- - a) Performance Targets and Thresholds: - i. Performance Targets are set over the three-year contract period, rather than annually. - ii. EfficiencyOne is d...
AI summary The UARB-established performance targets and indicators for EfficiencyOne require 90% achievement on two key metrics (energy and peak demand savings) over three years. Non-compliance triggers a regulatory process. The framework was set via a 2015 Consensus Agreement approved by UARB in Decision M06733.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose confidential information to employees and advisors under strict confidentiality undertakings. Exceptions include legal obligations, court orders, or regulatory requirements, with prior notification to the Disclosing Party and efforts to remove sensitive data.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The clause outlines that the recipient has only limited rights to use confidential information under the agreement, with no licenses granted for any intellectual property rights, whether existing or future.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, establishing jurisdictional authority for legal interpretation and enforcement within the regulatory proceeding context.
APPROVED EECA PLAN [As approved by the UARB]
AI summary The Electricity Efficiency and Conservation Act (EECA) plan has been approved by the Nova Scotia Utility and Review Board (UARB). This marks the regulatory endorsement of the program aimed at enhancing energy efficiency and conservation measures within the province.
2.2.1. Low-Income Initiatives 15 16 17 18 19 Beginning in 2015, NS Power shareholders are committing up to $37 million dollars over 10 years to support the HomeWarming program. The program, in partnership with the Clean Foundation, will of...
AI summary NSPI shareholders are funding the HomeWarming program with $37M over 10 years, targeting low-income homeowners. ENS manages intake and explores upgrades. Efficiency Nova Scotia collaborates with Housing Nova Scotia on multi-unit initiatives. Research on rental accommodations is per a 2015 settlement agreement approved by UARB.
example, through the LED Holiday Light Exchange, ENS achieves a small amount of energy savings from an outreach-based activity. 1 14 15 16 17 13 higher DSM results in the longer term. 18 19 20 26 27 4.1 Education and Outreach The complexit...
AI summary ENS emphasizes education and outreach as critical to DSM efforts, highlighting the need for Nova Scotians to understand energy efficiency benefits. The text outlines Enabling Strategies, including financing, codes development, and Passive House initiatives, with investments evaluated as cost-efficient compared to other jurisdictions.
SCHEDULE B Consensus Agreement WEPUBUC UTILITIESACT An application by EfficiencyOneforApproval ofaSupply Agreementfor Electricity Efficiency and Conservation Activities between EfficiencyOne and Nova Scotia PowerInc., the establishment ofo...
AI summary EfficiencyOne and Nova Scotia Power Inc. (NSPI) seek approval for a 2016-2018 Demand Side Management (DSM) Resource Plan and Supply Agreement under the Public Utilities Act. The Consensus Agreement outlines terms agreed upon by both parties, with the right to amend based on further evidence. The Nova Scotia Utility and Review Board (UARB) is involved in the proceeding.
3) PERFORMANCE TARGETS, INDICATORS AND THRESHOLDS - a) The parties agree to the following Performance Targets and Performance Indicators: - i) Performance Targets are set over the three-year contract period, rather than annually. - ii) Eff...
AI summary Parties agree to three-year performance targets for EfficiencyOne, requiring 90% achievement on cumulative energy and peak demand savings. Performance indicators include annual and lifetime savings, ratepayer benefits, and customer satisfaction. Reporting by program and rate class is required, with low-income participation analysis and rate impact studies mandated.
5) EVALUATION AND REPORTING - Advisory in 2016 for discussion. - b) EffidencyOne will explore methodologies of demand savings evaluations with its evaluator. - c) EffidencyOne agrees to provide a full report on its 2016-2018 Performance Re...
AI summary EfficiencyOne must report on demand savings evaluations, provide annual performance reports, explain substantial changes in energy savings, and avoid rate class impacts. Reporting timelines and contents are governed by Schedule 1, with Board input. EfficiencyOne may not provide advance notice for mid-course adjustments based on third-party evaluations.
62745Board Decision
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2.0 BACKGROUND - [6] The Board considers it useful to set out some of the background of DSM in Nova Scotia to provide some context for this Decision. - [7] For a number of years prior to 2010, NSPI included requests for approval of spendin...
AI summary The document outlines the transition of DSM administration in Nova Scotia from NSPI to ENSC, established under the ENSC Act. The Board required approval for ENSC's programs and cost allocations, with oversight mandated by the EECR Act (2014), which amended the PUA and repealed the ENSC Act, reshaping DSM governance.
3.1 Evaluation Report of 2014 DSM Programs (Econoler) [28] As in the previous year, El engaged the services of Econoler Inc. ('Econoler") to conduct independent evaluations of the 2014 DSM programs. The Econoler team collaborated with two...
AI summary Econoler Inc. evaluated Nova Scotia's 2014 DSM programs, collaborating with Corporate Research Associates and Equilibrium Engineering. The evaluation followed a 2012 Settlement Agreement's rolling schedule, focusing on validating tracked savings rather than full-scale impact evaluations for mature programs. The 2014 portfolio included seven programs with 16 components, with reports filed in February 2015.
3.5 Proposed 2016-18 DSM Resource Plan
AI summary The document outlines the proposed 2016-18 Demand Side Management (DSM) Resource Plan, focusing on energy efficiency initiatives under the Electricity Efficiency and Conservation Restructuring (2014) Act (EECR) and Nova Scotia Power Inc.'s (NSPI) compliance with regulatory frameworks.
tal emissions caps; - renewable energy; and, - COMFIT. The province's leadership in these areas, however, has also resulted in Nova Scotia having some of the highest electricity rates in the country. Just a few years ago, when the province...
AI summary Nova Scotia's focus on renewable energy and emissions reduction has led to high electricity rates. The government legislated affordability as a factor for DSM spending. The COMFIT program will increase costs, but CA, SBA, AEC, and EAC support the DSM level in the Quantum Agreement.
3.5.6 Avoided Cost Analysis [101] Synapse, in its evidence, indicated that rate impact analysis should account for all factors that impact rates either positively or negatively, which would include avoided costs that might exert downward p...
AI summary The section discusses avoided cost analysis in regulatory proceedings, emphasizing the inclusion of avoided costs in rate impact analysis. Synapse highlights the need to consider factors like environmental compliance and transmission/distribution savings. E1 notes that locational DSM efforts can reduce capital investments, while NSPI expresses interest in exploring locational avoided costs. The Board encourages collaboration between parties on these issues.
3.6 Performance Targets, Indicators, and Thresholds [108] El proposed that the performance targets be cumulative annual energy and peak demand savings at the end of the three year period at the portfolio level and the performance indicator...
AI summary El proposes cumulative energy and peak demand savings targets over three years, with annual reporting on incremental and lifetime savings. The threshold is 90% of targets, confirmed at 405.9 GWh and 62.5 MW. The Board reduced DSM expenditures, potentially impacting targets. El will also report on ratepayer benefits and customer satisfaction, though not as performance indicators.
3.6.1 Findings [111] The Consensus Agreement signed by the parties, and approved by the Board, provides further details on the performance targets, indicators and thresholds. These targets are cumulative at the end of the three year period...
AI summary The Consensus Agreement, approved by the Board, sets performance targets with a 90% compliance threshold. El is ordered to include these targets in its Compliance Filing as part of the regulatory process.
3.7 Mid-Course Adjustments and Flexibility [112] In the Consensus Agreement, the parties agreed to the setting of targets over a three year period, instead of annual targets. El had sought the ability to make changes of up to 25% in target...
AI summary The Consensus Agreement sets three-year targets instead of annual ones, allowing El to adjust program savings by up to 25% at the sector level, with explanations for changes exceeding 25%. The Industrial Group opposes this if it impacts customer classes over 25%.
3.10 Agreed form of Supply Agreement [120] El included an Agreed Form of Supply Agreement as Appendix J of its application, effective January 2016. The Supply Agreement generally outlines the terms and conditions which each party is expect...
AI summary El submitted an Agreed Form of Supply Agreement as Appendix J, effective January 2016, outlining terms under the PUA. Some schedules were left blank pending the Board's decision and Compliance Filing.
3.10.1 Findings [121] The Board has reviewed the Supply Agreement and has no comments at this time. El is ordered to complete the Supply Agreement incorporating the Board's Decision as a part of its Compliance Filing.
AI summary The Board reviewed the Supply Agreement and has no comments. El is ordered to complete the Supply Agreement incorporating the Board's Decision in its Compliance Filing.
3.12.1 Findings [126] The parties in the Consensus Agreement have agreed to work on a standardized filing template and other information and to submit a report to the Board for approval. [127] The Board approves this process and awaits the...
AI summary The Consensus Agreement parties have agreed to develop a standardized filing template and submit a report to the Board for approval, which the Board has endorsed and is awaiting the report.
aving considered the history of underspending on DSM programming, the history of overachieving savings and demand targets, and as an inducement to bring greater rigor to the calculation of incentives. [142] The Board considers that the tar...
AI summary The Board approves the DSM Plan, finding it achievable within approved spending, but rejects the Quantum Agreement. It emphasizes long-term cost considerations over short-term affordability, approves aspects of the Quantum Agreement, and endorses the Consensus Agreement with referrals to the DSM Advisory Group. The TRC cost-effectiveness screening remains in place.
6.0 ORDER [149] An Order will issue following a Compliance Filing. The Compliance Filing is to be filed by September 15, 2015. If that is problematic, El and NSPI should approach Board Counsel to discuss an alternate date. DATED at Halifax...
AI summary An order requires a Compliance Filing by September 15, 2015, with flexibility for El and NSPI to request an alternate date via Board Counsel. The order is dated August 12, 2015, signed by Peter W. Gurnham and Kulvinder S. Dhillon.
Consensus Agreement M06733 IN THE MATtER OF: THE PUBLIC UTILITIES ACT And IN THE MATtER OF: An application by EfficiencyOneforApprovat of a Supply Agreementfor Electricity Efficiency and Conservation Activities between EfficiencyOne and No...
AI summary EfficiencyOne and Nova Scotia Power Inc. (NSPI) reached a consensus agreement on the approval of a 2016-2018 Demand Side Management (DSM) Resource Plan and Supply Agreement under the Public Utilities Act. The agreement outlines terms for electricity efficiency and conservation activities, with parties reserving the right to amend positions based on further evidence. Key stakeholders, including intervenors and advocates, are acknowledged.
3) PERFORMANCE TARGETS, INDICATORS AND THRESHOLDS - a) The parties agree to the following Performance Targets and Performance Indicators: - Performance Targets are set over the three-year contract period, rather than annually. - ) Efficien...
AI summary Parties agree to three-year performance targets for energy savings and peak demand, with 90% achievement required for compliance. Indicators include annual and cumulative savings, customer satisfaction, and rate impact analysis. Reporting by program and rate class is mandated.
5) EVALUATION AND REPORTING - a) The Parties support EfficiencyOne's proposal for annual program impact evaluations and process evaluations at the organizational level with program process evaluations if required. EfficiencyOne wilt provid...
AI summary EfficiencyOne agrees to annual impact and process evaluations, condensed reporting to OSM Advisory, and detailed performance reporting for 2016-2018. It will explain substantial changes (≥25% variance) and avoid rate-class impacts via cost allocation. Reporting timelines and content are subject to DSM Advisory Group input, with exceptions for third-party evaluation-driven mid-course adjustments.
Lagend: Filing has not historically triggered an automatic regulatory Filing has historically tr riggered a regulatory process See 2015 Q2 report for remaining details Meetings with DSMAG At least three times per year (generally following...
AI summary The document outlines various reporting and meeting requirements for a regulatory proceeding, including the timing and content of reports such as annual progress reports, evaluation reports, and quarterly filings. It also specifies the frequency of meetings with the DSMAG and the inclusion of rate and bill impact analyses.
63106Supply Agreement
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n, proceeding or claim; and (iii) any costs, liabilities or damages arising out of a settlement of a claim by the indemnified party, with or without the consent of the indemnifying party. (q) " Law " means the common law, the law of equity...
AI summary The text defines key legal terms and responsibilities related to indemnification, liabilities, and legal frameworks affecting EfficiencyOne and NSPI, including the application of laws and regulations impacting their operations and property.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI of Significant Changes simultaneously with applying to the UARB for approval. NSPI retains the right to submit written comments to the UARB regarding such changes, subject to the Act and UARB's discretion.
6. SAFETY - 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and representatives of Eff...
AI summary EfficiencyOne is mandated to manage safety and loss management in the supply of EECA services. They must ensure compliance with all federal, provincial, municipal, and internal health, safety, and environmental regulations.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines liability limitations between EfficiencyOne and NSPI under the agreement. Both parties' liability is capped at $2 million, except for specific exceptions including indemnification obligations, wilful misconduct, fraud, and refund requirements. NSPI's liability also excludes payment of the Contract Price.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary The document outlines insurance requirements for EfficiencyOne under its agreement with NSPI, specifying minimum coverage limits for general liability, environmental impairment, automobile liability, property, professional liability, and workers' compensation. NSPI may enforce insurance compliance by purchasing coverage on EfficiencyOne's behalf if obligations are unmet, with reimbursement as a deduction from payments. EfficiencyOne must maintain acceptable insurance forms, manage deductibles, and ensure subcontractor compliance.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary EfficiencyOne must maintain records of EECA provided to NSPI for 36 months. NSPI can request access to these records from UARB and inspect EECA, with EfficiencyOne facilitating inspections.
23. ASSIGNMENT 23.1 Neither Party shall assign all or any portion of this Agreement without the prior written approval of the UARB and/or the Minister as the situation requires.
AI summary Section 23.1 prohibits either party from assigning the agreement without prior written approval from the UARB and/or the Minister.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the " Quarterly Report ") in a form acceptable to the UARB. - 25.2 EfficiencyO...
AI summary EfficiencyOne is required to submit quarterly and annual reports to the UARB and NSPI, detailing EECA progress and financials. Coordination meetings between NSPI and EfficiencyOne are mandated quarterly. Reporting must comply with the Consensus Agreement and UARB decision M06733.
1 SCHEDULE A 2 3 ELECTRICITY EFFICIENCY AND CONSERVATION ACTIVITIES 4 Schedule A 5 Electricity Efficiency and Conservation Activities 6 7 The figure below identifies the scope of savings (3-year Cumulative Annual Net Energy and Net 8 Peak...
AI summary The document outlines performance targets for Electricity Efficiency and Conservation Activities (EECAs) under Schedule A, requiring 90% achievement of cumulative energy and peak demand savings over three years. Non-compliance triggers a regulatory process, referencing Schedule E's EECA Plan and the Consensus Agreement adopted by the Board.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The Recipient is restricted to using Confidential Information solely for EECA-related activities in compliance with the Legislation and Supply Agreement, with no other permitted uses.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality undertakings, notifying the Disclosing Party and providing signed agreements. Exceptions allow disclosure under legal obligations, requiring prior notice and efforts to remove commercially sensitive data. Court orders trigger a 10-day window for the Disclosing Party to protect sensitive information.
Limited Rights - 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (...
AI summary The Recipient is granted only limited rights to use Confidential Information under the Agreement, with no licenses provided under any intellectual property rights, including patents, copyrights, or other industrial property rights.
2.2.1. Low-Income Initiatives Beginning in 2015, NS Power shareholders are committing up to $37 million dollars over 10 years to support the HomeWarming program. The program, in partnership with the Clean Foundation, will offer free energy...
AI summary NS Power commits up to $37 million over 10 years for the HomeWarming program, partnering with the Clean Foundation to provide energy efficiency upgrades to low-income homeowners. ENS will expand initiatives, including a building-envelope program for multi-unit housing and research on low-income rental accommodations, guided by the 2015 DSM Resource Plan Settlement Agreement approved by the UARB.
4.3 Other Enabling Strategies
AI summary The section 'Other Enabling Strategies' is introduced but no substantive content or arguments are provided in the document chunk. Key entities and acronyms related to Nova Scotia's energy and regulatory framework are listed.
63151Supply Agreement Blackline Feb Application v. Sep Compliance Filing
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respectively, and (iii) years shall refer to calendar years; 1 2 3 to run shall be included. If the last day of the period so computed is not a Business Day, then the period shall run until the close of business on the next Business Day; 4...
AI summary This document outlines the terms of an agreement between NSPI and EfficiencyOne, detailing the provision of Electricity Efficiency and Conservation Activities (EECA) over a three-year term. It includes provisions for contract interpretation, document precedence, and the reservation of rights under the Act.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary EfficiencyOne and NSPI agree to mutual indemnity clauses, absolving each other of liability for risks caused by their own employees or subcontractors, except for negligence or wilful misconduct. Both parties must indemnify the other against breaches of the agreement, with EfficiencyOne also responsible for defending against third-party intellectual property claims related to its obligations.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines mutual liability limits between EfficiencyOne and NSPI under the agreement, capping each party's liability at $2M, with exceptions for indemnification, wilful misconduct, fraud, and refund obligations. Specific sections of the agreement and the Act are referenced.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary EfficiencyOne must maintain specific insurance coverage, including general liability, environmental impairment, automobile liability, property insurance, professional liability, and workers' compensation, as mandated by NSPI under the agreement. NSPI may enforce these requirements and recover costs if EfficiencyOne fails to comply.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary EfficiencyOne must maintain records of EECA supplied to NSPI for 36 months post-term. NSPI may request UARB access to these records and inspect EECA, with EfficiencyOne required to facilitate inspections and provide safe facilities.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the " Quarterly Report ") in a form acceptable to the UARB. - 25.2 EfficiencyO...
AI summary EfficiencyOne must submit quarterly and annual reports to UARB and NSPI detailing EECA progress, financials, and evaluations. Parties agree to quarterly coordination meetings. Reporting must align with the 2015 Consensus Agreement (M06733) under UARB's 2015 decision.
26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...
AI summary This section outlines the general terms of the agreement between EfficiencyOne and NSPI, including governance, jurisdiction, enforcement, and language requirements. It emphasizes that the agreement is governed by Nova Scotia and Canadian law, and that any modifications must be approved by the UARB.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under confidentiality undertakings, notifying the Disclosing Party and ensuring compliance. Exceptions include legal obligations, court orders, or regulatory requirements, requiring prior notification and attempts to remove sensitive information. The Recipient must notify the Disclosing Party of such disclosures and allow time to mitigate sensitivity.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, establishing the legal framework for its interpretation and enforcement.
63292Supply Agreement EfficiencyOne and NSPI Form of Agreement Final Executed in Counterparts
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Supply Agreement for Electricity Efficiency and Conservation Activities
AI summary The document outlines a supply agreement focused on electricity efficiency and conservation activities, likely involving regulatory considerations in Nova Scotia. Key elements may include terms, obligations, and frameworks for implementing energy-saving initiatives.
WHEREAS: - A. EfficiencyOne and NSPI are both public utilities pursuant to the Act; and - B. Pursuant to the Act, EfficiencyOne has the exclusive right to supply NSPI with reasonably available, cost-effective Electricity Efficiency and Con...
AI summary EfficiencyOne and NSPI are public utilities under the Act. EfficiencyOne holds exclusive rights to supply cost-effective electricity efficiency and conservation activities to NSPI, which is obligated to meet these obligations through an agreement with the Franchise Holder. The Act mandates NSPI to reduce customer costs via such activities.
1. INTERPRETATION - 1.1 The following terms shall be interpreted as follows in this Agreement: - (a) " Act " shall mean the Public Utilities Act , R.S.N.S. 1989, c.380, as amended from time to time. - (b) " Agreement " means this agreement...
AI summary The document defines key terms in an agreement between NSPI and EfficiencyOne, including the 'Act' (Public Utilities Act, R.S.N.S. 1989, c.380), 'Agreement' (the contract with attached schedules), and 'Business Day' (excluding holidays in Nova Scotia).
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI of Significant Changes simultaneously with UARB applications. NSPI may submit written comments to UARB on such changes, per the Act and UARB's discretion.
6. SAFETY - 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and representatives of Eff...
AI summary EfficiencyOne is mandated to manage safety and loss in the EECA program, ensuring compliance with federal, provincial, and municipal health, safety, and environmental regulations. This includes overseeing all employees, subcontractors, and representatives under its purview.
7. PROTECTION OF PROPERTY - 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of NSPI's customers and other third parties from damage which may occur as the result of the performance of the EECA. - 7.2...
AI summary EfficiencyOne must protect NSPI's customers and third parties from property damage caused by EECA activities. They are liable for damages incurred during EECA performance, covering costs and indemnifying NSPI against claims, except when damage results from NSPI's negligence or legal responsibility.
9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...
AI summary EfficiencyOne's covenants under its agreement with NSPI include legal enforceability, compliance with laws, proper execution of EECA, and responsibilities for subcontractors. It also requires notification to UARB and NSPI in case of supply disruptions.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines that neither party can be held liable for consequential losses, with each party's liability capped at $2 million, except for specific exclusions like indemnification, wilful misconduct, and refund obligations.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien Indemnitee ") and defend each of them from and...
AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims arising from subcontractors or third parties involved in EECA projects. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset costs if EfficiencyOne fails. NSPI may require a bond for contested claims, and liability is capped at amounts payable to EfficiencyOne.
20. DEFAULT AND TERMINATION - 20.1 This Agreement may be terminated immediately by either Party, in whole or in part, upon the happening of one or more of the following events: - (a) EfficiencyOne's Franchise is terminated and the Agreemen...
AI summary The agreement allows termination by either party if EfficiencyOne's franchise is terminated without assignment or the UARB approves termination. Termination does not entitle parties to compensation for consequential losses, requiring EfficiencyOne to discontinue EECA activities while completing necessary preservation work. Claims for payment must be asserted within 30 days of termination.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary EfficiencyOne must maintain records of EECA provided to NSPI for 36 months post-term. NSPI may request UARB access to these records and inspect EECA activities, with EfficiencyOne required to facilitate inspections. This outlines audit and inspection obligations under the agreement.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the " Quarterly Report ") in a form acceptable to the UARB. - 25.2 EfficiencyO...
AI summary EfficiencyOne must submit quarterly and annual reports to the UARB and NSPI detailing EECA progress, financials, and savings metrics. Quarterly coordination meetings are required between NSPI and EfficiencyOne. Reporting obligations also align with the 2015 Consensus Agreement and UARB Decision M06733.
PERFORMANCE REQUIREMENTS
AI summary The section outlines performance requirements for utilities, involving Nova Scotia Power Incorporated (NSPI), Electricity Efficiency and Conservation Activities (EECA), and regulated by the Nova Scotia Utility and Review Board (UARB). It addresses compliance standards and potential regulatory oversight.
(PAGE 1 OF 2) - I. UARB-APPROVED PERFORMANCE TARGETS, THRESHOLDS, AND INDICATORS[5](#page-28-0) - a) Performance Targets and Thresholds: - i. Performance Targets are set over the three-year contract period, rather than annually. - ii. Effi...
AI summary The UARB-established performance targets for EfficiencyOne require 90% achievement on two metrics—cumulative annual energy and peak demand savings—over a three-year period. Non-compliance triggers regulatory action. Indicators include annual and lifetime savings, ratepayer benefits, and customer satisfaction. The framework stems from a 2015 Consensus Agreement approved by the UARB in Decision M06733.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality conditions, including signed undertakings. Disclosures are permitted under legal obligations or court orders, with prior notice to the Disclosing Party and steps to remove commercially sensitive information. The Recipient must notify the Disclosing Party of such disclosures and allow time to address sensitive data.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The agreement restricts the Recipient to limited rights for using Confidential Information, explicitly stating no licenses are granted under any intellectual or industrial property rights, including patents, copyrights, or discoveries, either currently or in the future.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, establishing the jurisdictional framework for legal interpretation and enforcement.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, establishing the jurisdictional framework for legal interpretation and enforcement.
APPROVED EECA PLAN [As approved by the UARB]
AI summary The Nova Scotia Utility and Review Board (UARB) has approved the Electricity Efficiency and Conservation Activities (EECA) plan, marking a regulatory milestone for energy efficiency initiatives in the region.
2.2.1. Low-Income Initiatives Beginning in 2015, NS Power shareholders are committing up to $37 million dollars over 10 years to support the HomeWarming program. The program, in partnership with the Clean Foundation, will offer free energy...
AI summary NS Power committed $37 million over 10 years for the HomeWarming program, partnering with Clean Foundation to provide energy efficiency upgrades to low-income homeowners. ENS will expand initiatives, including multi-unit building upgrades and research on rental accommodations, per the 2015 DSM Resource Plan Settlement Agreement approved by UARB in 2014.
4.1 Education and Outreach The complexity of the electricity system means that many concepts and terms are not familiar or accessible to most Nova Scotians. The concept of energy efficiency is equally challenging to communicate effectively...
AI summary Education and Outreach is critical to DSM efforts in Nova Scotia, as energy efficiency concepts are complex and require public understanding to drive adoption. The 2014 Electricity Efficiency and Conservation Restructuring Act emphasizes energy efficiency as part of the electricity supply. While Enabling Strategies have improved public awareness (35% unaided awareness in 2014), further outreach is needed to increase participation in DSM programs. Strategies will build on feedback from Nova Scotians and past initiatives.
4.3 Other Enabling Strategies
AI summary Section 4.3 discusses 'Other Enabling Strategies' in the context of Nova Scotia's energy regulatory proceedings. It references various programs, organizations, and acronyms related to electricity efficiency, demand-side management, and regulatory frameworks, including Nova Scotia Power Incorporated and the Nova Scotia Utility and Review Board.
63307Board Order
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WHEREAS: - A. EfficiencyOne and NSPI are both public utilities pursuant to the Act; and - B. Pursuant to the Act, EfficiencyOne has the exclusive right to supply NSPI with reasonably available, cost-effective Electricity Efficiency and Con...
AI summary EfficiencyOne and NSPI are public utilities under the Act. EfficiencyOne has exclusive rights to supply NSPI with cost-effective electricity efficiency and conservation activities, while NSPI is obligated to undertake these activities via an agreement with the Franchise Holder to reduce customer costs.
1. INTERPRETATION - 1.1 The following terms shall be interpreted as follows in this Agreement: - (a) "Act" shall mean the Public Utilities Act, R.S.N.S. 1989, c.380, as amended from time to time. - (b) "Agreement" means this agreement betw...
AI summary The section defines key terms in the agreement between NSPI and EfficiencyOne, including the 'Act' as the Public Utilities Act, the 'Agreement' as the contract between NSPI and EfficiencyOne, and 'Business Day' as Monday to Friday excluding holidays in Nova Scotia.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the UARB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI when applying to the UARB for approval of significant changes to the EECA Plan. NSPI retains the right to submit written comments to the UARB on such changes, subject to the Act and UARB's discretion.
6. SAFETY - 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the supply or performance of the EECA. - 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and representatives of Eff...
AI summary EfficiencyOne is mandated to manage safety and loss management in the EECA program, ensuring compliance with all federal, provincial, municipal, and internal health, safety, and environmental regulations. This includes oversight of employees, subcontractors, and representatives.
9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...
AI summary EfficiencyOne's covenants with NSPI include legal obligations, compliance with laws, and responsibilities for delivering EECA. Key commitments involve ensuring capacity, obtaining permits, adhering to regulations, and notifying UARB/NSPI of supply disruptions. EfficiencyOne also acknowledges its role as a franchise holder and compliance with the Income Tax Act.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary EfficiencyOne assumes liability for risks caused by its personnel, excluding NSPI's negligence, and agrees to indemnify NSPI against breaches of the agreement. NSPI reciprocates this indemnification for its own breaches. Both parties are protected from third-party claims related to EECA intellectual property, with EfficiencyOne responsible for defense and damages.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines that neither party is liable for consequential losses. EfficiencyOne's liability is capped at $2M, except for indemnification, wilful misconduct, or refund obligations. NSPI's liability is also capped at $2M, except for wilful misconduct or payment of the contract price.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary EfficiencyOne must maintain minimum insurance coverage, including general liability, environmental impairment, automobile liability, property insurance, professional liability, and workers' compensation, with specific limits and requirements. NSPI may purchase insurance on EfficiencyOne's behalf if requirements are unmet, and EfficiencyOne must provide annual proof of coverage.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the "Lien Indemnitees" or singularly "Lien Indemnitee") and defend each of them from and agai...
AI summary Section 18 outlines EfficiencyOne's obligation to indemnify NSPI and its affiliates against liens or claims arising from subcontractors related to EECA. NSPI may offset costs if EfficiencyOne fails to discharge liens, and EfficiencyOne may contest liens with a bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
19. DISPUTE RESOLUTION - 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 dispute and the Parties...
AI summary The section outlines dispute resolution procedures between EfficiencyOne and NSPI, including initial meetings, timeframes for resolution, referral to the UARB if unresolved, and EfficiencyOne's obligation to perform EECA unless authorized by UARB.
22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...
AI summary EfficiencyOne must maintain records of EECA provided to NSPI for 36 months post-agreement. NSPI may request UARB access to these records and inspect EECA operations, with EfficiencyOne required to facilitate inspections and provide safe facilities.
23. ASSIGNMENT 23.1 Neither Party shall assign all or any portion of this Agreement without the prior written approval of the UARB and/or the Minister as the situation requires.
AI summary The agreement restricts either party from assigning any portion without prior written approval from the UARB and/or the Minister.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the UARB and NSPI a quarterly report (the "Quarterly Report") in a form acceptable to the UARB. - 25.2 EfficiencyOne...
AI summary EfficiencyOne is required to submit quarterly and annual reports to the UARB and NSPI, detailing EECA progress and financials. Coordination meetings between NSPI and EfficiencyOne are mandated quarterly. Reporting must align with the 2015 Consensus Agreement and UARB Decision M06733.
26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...
AI summary The agreement outlines renewal conditions, binds successors, defines EfficiencyOne as an independent contractor, specifies governing laws (Nova Scotia and Canada), waives prior breaches, emphasizes contractual timeframes, requires UARB approval for modifications, ensures enforceability of remaining provisions if parts are invalid, mandates English language, and allows electronic execution in counterparts.
SCHEDULE B
AI summary The document is Schedule B from a Nova Scotia regulatory proceeding involving utility and energy-related stakeholders. Key entities include Nova Scotia Power Incorporated, the Nova Scotia Utility and Review Board, and various advocacy groups. The context highlights regulatory acronyms and potential topics related to energy policy and consumer advocacy.
(PAGE 1 OF 2) - I. UARB-APPROVED PERFORMANCE TARGETS. THRESHOLDS. AND INDICATORS- - a) Performance Targets and Thresholds: - i. Performance Targets are set over the three-year contract period, rather than annually. - ii. EfficiencyOne is d...
AI summary The UARB established performance targets, thresholds, and indicators for EfficiencyOne over a three-year contract period. Compliance requires achieving 90% or more on two key targets: cumulative annual energy savings and peak demand savings. Non-compliance triggers a regulatory process. These metrics were set under a 2015 Consensus Agreement approved by the UARB in Decision M06733.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The Recipient is granted only limited rights to use Confidential Information under the Agreement, with explicit clarification that no licenses are granted under any intellectual property rights, including patents, copyrights, or industrial property rights, either currently or in the future.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, as outlined in the Governing Law section. This provision establishes the legal framework under which the agreement will be interpreted and enforced. No specific entities, legislation, or arguments are mentioned beyond the jurisdictional scope, focusing solely on the provincial legal authority.
APPROVED EECA PLAN [As approved by the UARB]
AI summary The Nova Scotia Utility and Review Board (UARB) has approved the Electricity Efficiency and Conservation Activities (EECA) plan. This plan focuses on initiatives to improve energy efficiency and conservation in the province, aligning with regulatory frameworks and stakeholder interests.
example, through the LED Holiday Light Exchange, ENS achieves a small amount of energy savings from an outreach-based activity. 1 14 15 16 17 13 higher DSM results in the longer term. 18 19 20 26 27 4.1 Education and Outreach The complexit...
AI summary ENS (Efficiency Nova Scotia) achieves energy savings through outreach programs like the LED Holiday Light Exchange. Education and outreach are critical for DSM (Demand-Side Management) success, supported by the Electricity Efficiency and Conservation Restructuring (2014) Act. Enabling Strategies focus on cost-efficient methods, including financing incentives and Passive House initiatives, with investments aligned with comparison jurisdictions.
5) EVALUATION AND REPORTING - Advisory in 2016 for discussion. - b) EffidencyOne will explore methodologies of demand savings evaluations with its evaluator. - c) EffidencyOne agrees to provide a full report on its 2016-2018 Performance Re...
AI summary EfficiencyOne must report on 2016-2018 performance, explain substantial changes (≥25% variance), avoid rate-class impacts via cost allocation, and provide advance notice for mid-course adjustments. The Board may revise report contents based on DSM Advisory Group discussions. EfficiencyOne claims inability to notify for third-party evaluation adjustments.
6) RATE AND BILL IMPACT ANALYSIS - a) As with prior filings of its rate and bill impact analysis, EffidencyOne agrees to develop, in consultation with the DSM Advisory Group, assumptions to its rate and bill impact analysis. This will incl...
AI summary EffidencyOne agrees to collaborate with the DSM Advisory Group to develop assumptions for rate and bill impact analysis, including fixed costs contributions, and to file historical analyses annually by October 31.