N-3Direct Evidence - General Rate Application
12 passages
Support for 2026-2027 GRA - Further to the letter filed with the Nova Scotia Energy Board (NSEB or Board) on September 2, - 2025, Nova Scotia Power Incorporated (NS Power or Company) is filing this General Rate - Application for 2026-2027...
AI summary Nova Scotia Power Incorporated (NS Power) submits a 2026-2027 General Rate Application (GRA) supported by customer representatives after a collaborative process. The GRA is based on a Cost-of-Service Study (COSS) and excludes cybersecurity attack costs. It reflects negotiated outcomes with reduced costs due to regulatory efficiencies.
Roadmap of the Application - This application is organized into several key components, each critical to determining the - proposed rate adjustments: - 1. Status of Prior GRA-Related Directives: An update on the various directives from the...
AI summary The application outlines components for determining rate adjustments, including prior GRA directives, load forecasts, fuel costs, operating expenses, depreciation, rate base, capital structure, revenue requirements, cost-of-service studies, rate design, proposed rates, and regulatory changes. NS Power collaborates with customer advocates to balance affordability, reliability, and clean energy goals.
3 STATUS OF PRIOR GRA-RELATED DIRECTIVES - When the NSEB rendered its decision following the 2023-2024 GRA, it issued 13 directives for - NS Power arising from the issues at the hearing. The Board has also issued other directives which - r...
AI summary The NSEB issued 13 directives following the 2023-2024 GRA, with additional Board directives requiring compliance before the current GRA filing. Appendix 3A details these directives and their status.
Environmental Compliance - NS Power continues to make significant progress in reducing its emissions of mercury, sulphur - dioxide, nitrogen oxide and greenhouse gases. NS Power is subject to various provincial standards - governing the ac...
AI summary NS Power is reducing emissions of mercury, sulfur dioxide, nitrogen oxide, and greenhouse gases under provincial standards, particularly the Air Quality Regulations, N.S. Reg. 8/2020. The regulations set specific emission limits as outlined in Figure 5-3.
8.2.1 Depreciation Rates for Assets within the Scope of the DDA - When the NSEB approved NS Power's DDA, it accepted NS Power's proposal that assets - determined to be within the scope of the DDA would not be required to be included within...
AI summary The NSEB approved NS Power's DDA, excluding most assets from depreciation studies except specific ones. NS Power is not updating depreciation rates for DDA assets and plans to securitize them by December 2025 with the Province, pending credit rating agency approval.
9.2.1 Average Capital Assets - Average capital assets reflect NS Power's forecast average net book value of property, plant, and - equipment plus construction work in progress over the 2022-2024 test period. Please refer to FO- - 12 of thi...
AI summary NS Power's average capital assets have increased due to investments in reliability, renewable energy, regulatory compliance, and grid modernization. Replacing aging assets with new ones drives rate base growth, influenced by inflation and expanding customer needs. The company emphasizes efficient capital management to provide value to customers.
14 9.2.5.2 Pension Asset The average prepaid pension asset in 2026 increases by $59.7 million from the 2024 GRA Compliance Filing budget, resulting in an average prepaid pension asset for 2026 of $156.9 million. In 2027, the average prepai...
AI summary The prepaid pension asset for NS Power increases from $156.9 million in 2026 to $184.0 million in 2027, reflecting funding differences between contributions and actuarial expenses. Recoveries are projected at $2.1 million (2026) and $0.4 million (2027). The analysis references a 1993 UARB decision related to a General Rate Application.
10.3.1 Debt and Interest - NS Power uses a mix of fixed (long-term) and floating rate (short-term) debt in its capital structure. - Long-term interest rates are generally higher, but less volatile than shorter-term interest rates. - Under...
AI summary NS Power uses a mix of fixed and floating rate debt, relying heavily on commercial paper for low-cost financing. Its BBB (High) DBRS rating, below market requirements, necessitates exemptive relief to maintain access. The relief expires in 2028, requiring NS Power to improve its rating. Forecast short-term rates for 2026-2027 are 3.15-3.25%, with long-term debt plans including $250 million issuance and energy storage funding.
10.3.2 Return on Equity - The ROE represents the amount of net income which the Company can earn and deliver to its - investors. It is the return provided for the equity invested. The current NSEB-approved range of - ROE is between 8.75 an...
AI summary The ROE range set by NSEB is 8.75-9.25%, with a current rate of 9.0%. Concentric Evidence suggests 9.9% is reasonable. Lower equity increases debt costs, raising customer rates. NSPI relies on investors for capital, and sufficient returns are needed to attract them.
Requested Capital Structure and Cost of Capital - It is a well-established regulatory principle and is codified in the Public Utilities Act (PUA) that - NS Power's approved Capital Structure and Cost of Capital must be sufficient to allow...
AI summary The document discusses NS Power's request to maintain a 9.0% ROE and 40% equity ratio, contrasting with Concentric Evidence's recommendation of 9.9% ROE and 45% equity. It emphasizes the need to balance customer affordability with financial stability, referencing the Public Utilities Act and the role of the Storm Cost Recovery Rider in aligning NS Power's risk profile with proxy utilities.
Storm Cost Recovery Rider - In the Board's 2023-2024 GRA Decision, it approved the Storm Cost Recovery Rider (SCRR) on - a three-year pilot basis, providing for recovery of OM&G restoration costs for Level 3 and 4 - storms in the years 202...
AI summary The Nova Scotia Energy Board (NSEB) approved the Storm Cost Recovery Rider (SCRR) as a three-year pilot in the 2023-2024 GRA Decision, allowing NS Power to recover Level 3/4 storm costs. NS Power seeks continuation for 2026-2027. Customer advocates raised concerns about the SCRR's asymmetry, which was mitigated by the pilot period and PUA amendments.
Pole Attachment Fees - NS Power charges telecommunications carriers a rate to attach their equipment to poles owned by - NS Power (pole attachment fee). This issue was canvassed in the 2023-2024 GRA, and the - telecommunications carriers (...
AI summary NS Power charges telecommunications carriers (Eastlink, Rogers, Xplore) a pole attachment fee of $22 per pole annually, with 2% increases in 2023-2024. NS Power proposes continuing the 2% annual increase, leading to 4% in 2026 and 2% in 2027. The 2023-2024 GRA settlement agreement and NSEB Decision M10431 are referenced.
N-42026-2027 GRA PR 01-03 - Proposed Rates (Tariffs)
15 passages
(a) To non-FAM classes When a customer transitions its load, whether in whole or in part, from a FAM class to a non-FAM class, NS Power shall determine the outstanding fuel cost imbalance of the customer at the time of transition. This det...
AI summary When customers transition from FAM to non-FAM classes, NS Power must calculate and adjust fuel cost imbalances, subject to NSEB approval. Adjustments are resolved through agreement between NS Power and the customer or by NSEB determination if unresolved.
(b) From non-FAM classes When a customer transitions its load, whether in whole or in part, to a FAM class from a non-FAM class, the customer will pay (or be reimbursed) outstanding FAM balances outside of the Fuel Adjustment Rider, on rea...
AI summary When customers transition from non-FAM classes to FAM classes, they pay or are reimbursed outstanding FAM balances outside the Fuel Adjustment Rider on reasonable terms agreed between the customer and NS Power, subject to NSEB approval. The process outlines charge structures by rate class.
Regulation
AI summary The document outlines a regulatory proceeding in Nova Scotia involving the Fuel Adjustment Mechanism (FAM) and Demand Side Management Cost Recovery Rider (DCR), overseen by the Nova Scotia Energy Board (NSEB) and Nova Scotia Power Inc. (NSPI). Key focus areas include cost recovery frameworks and regulatory compliance.
STREET AND AREA LIGHTING RATES
AI summary The document pertains to regulatory proceedings concerning Street and Area Lighting Rates in Nova Scotia. Key entities include Nova Scotia Power Inc. (NSPI) and the Nova Scotia Energy Board (NSEB), with references to mechanisms like the Fuel Adjustment Mechanism (FAM) and Demand Side Management Cost Recovery Rider (DCR). The proceeding involves considerations of energy pricing, reliability, and regulatory oversight.
RESPONSIBILITIES OF FRANCHISE HOLDER It is the responsibility of the holder of the electric efficiency and conservation franchise granted under Section 79C of the Public Utilities Act (Franchise Holder) to apply to the NSEB to seek approva...
AI summary The Franchise Holder must apply to NSEB for approval of DSM activities and costs. NS Power must apply for the DSM Cost Recovery Rider and pay monthly to fund DSM costs, as per the Public Utilities Act.
(A) STREET AND AREA LIGHTING
AI summary The section 'Street and Area Lighting' is referenced, but no specific content, arguments, or details are provided in the text. The context includes regulatory acronyms and entities relevant to Nova Scotia energy proceedings.
(a) \ To non-FAM classes When a customer transitions its load, whether in whole or in part, from a FAM class to a non-FAM class, NS Power shall determine the outstanding fuel cost imbalance of the customer at the time of transition. This d...
AI summary When customers transition from FAM to non-FAM classes, NS Power must calculate their fuel cost imbalance, adjust it in future FAM proceedings, and seek NSEB approval. Adjustments are resolved through agreement between NS Power and the customer or via NSEB determination if unresolved.
Nova Scotia Power Open Access Transmission Tariff (OATT) Schedules 1 to 10 OATT Schedules Version Effective Dates Schedule 1: Scheduling, System Control and Dispatch Service January 1, 2026February 2, 2023 Schedule 2: Reactive Supply and V...
AI summary The document outlines Nova Scotia Power Inc.'s Open Access Transmission Tariff (OATT) Schedules 1 to 10, detailing services such as scheduling, voltage control, frequency response, and transmission rates, with effective dates ranging from June 2016 to January 2026. Multiple schedules share overlapping effective dates, indicating potential revisions or updates.
Supplier Obligations Transmission Customers that self-supply this service, and third-party suppliers, shall provide between 100 and 110 percent of the stated MW amount within 30 minutes of notification by the Transmission Provider to activ...
AI summary Suppliers must provide 100-110% of stated MW within 30 minutes of activation, with reserves lasting at least 60 minutes. Failure to comply incurs a penalty equal to one month's charge for deficient reserves.
Activation of Reserves When a contingency occurs, the Transmission Provider will activate, at its sole discretion, sufficient reserves from (i) those under contract with the Transmission Provider, (ii) those provided by Transmission Custom...
AI summary The Transmission Provider activates reserves from contracted resources, Transmission Customers, and third-party contracts, including NS Power resources, to minimize costs and meet NPCC and NERC requirements during contingencies.
APPLICABILITY This schedule applies to all electric rate classes with the exception of the Wholesale Market Non-Dispatchable Supplier Spill Tariff, the Load Retention Tariff, and the Extra Large Industrial Active Demand Control Tariff. For...
AI summary The schedule applies to most electric rate classes, excluding specific tariffs. For Wholesale and Renewable to Retail customers, DSM costs defined in Section 79A of the Public Utilities Act are directly billed via the customer's energy bill, as if served by NS Power under bundled offerings, approved by the NSUAREB.
RESPONSIBILITIES OF FRANCHISE HOLDER It is the responsibility of the holder of the electric efficiency and conservation franchise granted under Section 79C of the Public Utilities Act (Franchise Holder) to apply to the Nova Scotia Utility...
AI summary The Franchise Holder must seek NSUAREB approval for DSM activities and costs. NS Power must apply annually by October 1 for DCRR amounts and monthly fund DSM costs approved by NSUAREB under Section 79C of the Public Utilities Act.
Interpretation In these regulations unless the context requires otherwise: Words importing male persons include female persons and corporations. Words importing the singular include the plural and vice versa. Marginal notes and appended ci...
AI summary The regulations define interpretive principles, including gender inclusivity in language, singular/plural equivalence, and the exclusion of marginal notes and citations from regulatory content. These provisions aim to ensure clarity and consistency in regulatory interpretation.
"Overhead service extension" "overhead service extension" means any above ground extension across private property or along a private road required to serve only a single customer; "Owner" "owner" is any person having title to the whole or...
AI summary The term 'overhead service extension' is defined as an above-ground electrical extension across private property or along a private road serving a single customer. 'Owner' is defined as any individual or entity holding title to property, including joint owners or tenants. The text includes an image reference but no further details.
Interpretation and Definitions Page 4 of 6 "Permanent Service" "permanent service" is one terminated on a permanent structure and which can be expected to remain in place without alteration for the useful life of the service. It may serve...
AI summary The document defines key terms related to electricity services and regulatory proceedings in Nova Scotia, including 'permanent service,' 'power factor,' 'premises,' and 'primary metering.' These definitions establish criteria for service termination, electrical measurements, and billing contexts within the regulatory framework.
N-52026-2027 GRA Appendix 1-6 - Redacted
44 passages
PR-02 Cost Support for Proposed Regulation Changes Attachment 1 – AMI Opt-out Fee Development Attachment 2 – Miscellaneous Charges Development (Partially Confidential) Regulation 7.3 Schedule of Load Research Monitoring, Reporting and Anal...
AI summary The document outlines attachments related to AMI opt-out fee development and miscellaneous charges, alongside references to Regulation 7.3 concerning load research monitoring, reporting, and analytical charges. It pertains to cost support for proposed regulatory changes in Nova Scotia.
PR-03 Proposed Regulations Attachment 1a (Redline)/2a (Clean) - Regulation 1.1 Interpretation and Definitions Attachment 1b (Redline)/2b (Clean) – Regulation 5.1 Meter Reading Attachment 1c (Redline)/2c (Clean) – Regulation 7.1 Schedule of...
AI summary The document outlines four attachments related to PR-03 Proposed Regulations, including amendments to definitions, meter reading protocols, charge schedules, and load research charges. These updates aim to clarify regulatory frameworks and operational procedures under the Demand Side Management Cost Recovery Rider (DCRR) program.
2026-2027 GRA Direct Evidence Appendix 1B Page 4 of 4 REDACTED (CONFIDENTIAL INFORMATION REMOVED) OT Overtime OTE Overhead Transmission Equipment PCB Polychlorinated Biphenyls PCR Program Cost Recovery (for DSM) PHB Port Hawkesbury Biomass...
AI summary This document is an appendix from a 2026-2027 General Rate Application (GRA) proceeding in Nova Scotia, containing a list of acronyms and their expansions relevant to energy regulation, infrastructure, and financial terms. The content is redacted, with confidential information removed, and focuses on technical, operational, and regulatory terminology used in the proceeding.
2026-2027 GRA Direct Evidence Appendix 3A Page 4 of 14 REDACTED (CONFIDENTIAL INFORMATION REMOVED) NS Power has undertaken an updated Cost of Service Study and Line Loss Study. This included an extensive consultation process. In accordance...
AI summary NS Power conducted updated Cost of Service and Line Loss Studies, following the Board's directive, with biannual stakeholder engagement updates since 2024. Studies are included in Appendices 12A, B, and C of the GRA.
11. Alternative Treatment of -16 MW in AGC The Board's directive on this item is set out at para. 482 of the 2023-2024 GRA Decision: Prior to the next GRA, NS Power is directed to explore alternative treatment of the - 16 MW requirement an...
AI summary The Nova Scotia Energy Board directed NS Power to explore alternative treatment of -16 MW in AGC to avoid double-charging transmission customers, as outlined in the 2023-2024 GRA Decision. NS Power addressed this in its report (SR-01 Attachment 1e).
14. Updated FAM Tariff In the NSEB's Decision and Order for approval of the 2024 FAM AA/BA Rider, the Board directed NS Power to amend the FAM Tariff language to account for the transition of customers moving both to and from FAM rates. Pa...
AI summary The NSEB directed NS Power to amend the FAM Tariff to address customer transitions between FAM rates, as outlined in Para. 52 of the 2024 FAM AA/BA Decision. Amendments must be submitted for approval in NS Power's next general rate application.
2026-2027 GRA Direct Evidence Appendix 3A Page 8 of 14 REDACTED (CONFIDENTIAL INFORMATION REMOVED) The FAM Tariff has been updated in accordance with the Board's directive and is included in PR-01 Attachments 1S and 2S (FAM Tariff) and the...
AI summary The FAM Tariff has been updated per the Board's directive, with revisions included in PR-01 Attachments 1S and 2S, and reflected in the Plan of Administration's Section 6.0 and Appendix 6B.
1.1. Nova Scotia Power Inc. NS Power is a full-service electric utility involved in all aspects of the electricity supply chain – generation, transmission, and distribution – across Nova Scotia. NS Power is a fully owned subsidiary of Emer...
AI summary Nova Scotia Power Inc. (NS Power) is a fully owned subsidiary of Emera Inc., providing electricity generation, transmission, and distribution across Nova Scotia. Regulated by the Nova Scotia Energy Board, NS Power uses diverse energy sources like hydro, coal, and wind to serve over 500,000 customers.
2026-2027 GRA Direct Evidence Appendix 3B Page 17 of 54 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Health & Safety Environment Business Sustainability Consequence Regulatory requirement breached. Critical safety incident requiring support...
AI summary The table outlines a criticality scale for incidents at NS Power, categorizing events based on health, environment, and business sustainability impacts. Consequences range from 'Critical' (e.g., fatalities, facility permit loss) to 'Minor' (e.g., first aid injuries, internal environmental releases). Factors like regulatory requirements, replacement energy costs, and system upgrades influence business sustainability rankings.
Operating Limitations There are many ways that managing the operation of a particular asset, or group of assets, in a new way, or modifying operating limitations on the asset, can be an effective form of risk mitigation. This measure is of...
AI summary Operating limitations are risk mitigation strategies that modify asset operations through updated procedures, training, or advisories. They prevent accelerated failure by restricting operations (e.g., reducing reservoir storage levels in aging dams). These measures may involve operational expenditures or capital investments depending on required modifications.
Asset Life Assessment An asset life assessment may be considered if drivers such as financial or regulatory requirements, or as described herein, significant anticipated climate impacts, do not support the other forms of risk mitigation ev...
AI summary Asset life assessments are conducted when factors like climate change or regulatory requirements make other risk mitigation strategies impractical. Outcomes may include refurbishment, replacement, or decommissioning, with decommissioning timelines potentially delayed. An example is a coastal power plant facing sea-level rise, necessitating decommissioning planning.
6. Step 6: Develop a Business Case for Selected Measures This section overviews the procedure for prioritizing recommended adaptation measures. NS Power has robust existing operating and capital expenditure budgeting processes. Adaptation...
AI summary NS Power integrates climate adaptation into existing operating and capital expenditure processes. Measures are selected based on cost, implementation ease, risk mitigation effectiveness, and asset mission. Risk management plans undergo approval by asset teams, management, and regulators. The CEJC process uses a 5x5 risk matrix to prioritize capital expenditures, with detailed criteria outlined in a 2023 document submitted to the Nova Scotia Utility and Review Board.
2026-2027 GRA Direct Evidence Appendix 3B Page 43 of 54 REDACTED (CONFIDENTIAL INFORMATION REMOVED) CRITICALTY VALUE RISK MATRIX 5 5 10 15 20 25 4 4 8 12 16 20 3 3 6 9 12 15 2 2 4 6 8 10 • 1 2 3 4 5 1 2 3 4 5 Rare Unlikely Possible CONDITI...
AI summary The document outlines a risk matrix from NS Power's CEJC Summary Document, categorizing risks based on criticality and likelihood. It emphasizes the use of an Economic Analysis Model (EAM) for recommendations requiring economic analysis, approved by the Nova Scotia Energy Board through the CEJC process, considering factors like payback period and time-value of money.
2026-2027 GRA Direct Evidence Appendix 3B Page 52 of 54 REDACTED (CONFIDENTIAL INFORMATION REMOVED) circulating water system caused by an excessive growth of zebra mussels. Warmer water temperature and large storms, related to climate chan...
AI summary The text discusses climate change impacts on water systems via zebra mussel growth due to warmer temperatures and storms. It outlines asset management processes, including Root Cause Analysis (RCA) for outage events and risk scoring updates by asset reliability teams.
2026-2027 GRA Direct Evidence Appendix 3C Page 9 of 38 REDACTED (CONFIDENTIAL INFORMATION REMOVED)
AI summary This document is a redacted page from Appendix 3C of the 2026-2027 General Rate Application (GRA) proceeding. It contains confidential information removed, focusing on regulatory evidence related to cost recovery, rate design, and energy management programs in Nova Scotia.
3.1 Enhanced Risk Profiling
AI summary The section '3.1 Enhanced Risk Profiling' is part of a regulatory proceeding document, but no detailed content is provided beyond a list of acronyms related to energy regulation, utility operations, and environmental legislation.
Quality assurance / quality control of inspections NS Power uses a two-parts quality program. The first is quality control for the regular inspection programs to ensure they are being performed as planned and the inspectors are well-aligne...
AI summary NS Power employs a two-part quality program: one for regular inspection programs ensuring alignment with criteria, and another for post-completion capital project checks (e.g., verifying correct design/installation). This applies to both transmission and distribution, with ongoing improvements focused on distribution's post-construction quality control.
Crew‐accompanying ignition prevention and suppression resources and services Those firefighting staff and equipment (such as fire suppression engines and trailers, firefighting hose, valves, and water) that are deployed on construction cre...
AI summary NS Power crews use fire suppression equipment for small fires during construction but rely on firefighters for larger incidents. The Forestry team ensures contractors comply with NS Forest Fire Protection Regulations by providing necessary equipment at the start of the fire season.
Safety Communication: Afterglow on CCA Poles NS Power primarily utilizes wood poles treated with Chromated Copper Arsenate (CCA) for new installations. These poles have a characteristic known as Afterglow, where the heavy metal preservativ...
AI summary NS Power uses CCA-treated wood poles, which can re-ignite after fires due to Afterglow. Safety measures include handling precautions and removal protocols to prevent re-ignition and ensure worker safety.
2026-2027 GRA Direct Evidence Appendix 3C Page 38 of 38 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Innovation (CEATI), such as the Asset Management in Generation (AMIG), Overhead Transmission Equipment (OTE) group and the Vegetation Manag...
AI summary NS Power collaborates with CEATI and other organizations on climate adaptation, including wildfire mitigation. It contributes to CSA standards and follows CEA guidelines for wildfire prevention. References include CEA, BPA, and SDG&E mitigation plans.
5 1.1.1 Solid Fuel 6 7 Although NS Power's reliance on thennal generation continues to decrease and the Nova Scotia 8 Government's legislated 1 goal to phase out coal-fired electricity generation by 2030, solid fuel 9 continues to comprise...
AI summary NS Power continues to rely on solid fuel despite decreasing thermal generation and the Nova Scotia Government's 2030 coal phase-out goal. Solid fuel remains a significant part of forecast requirements, with procurement from foreign suppliers and financial hedging strategies. Further details on procurement and hedging are outlined in Sections 1.2.2 and 1.4.
REDACTED 2026-2027 GRA Direct Evidence Appendix SA Page 14 of 38 REDACTED (CONFIDENTIAL INFORMATION REMOVED)
AI summary Redacted page from a 2026-2027 GRA Direct Evidence Appendix in a Nova Scotia regulatory proceeding. Contains confidential information removed, with a list of acronyms related to energy regulation, cost recovery, and operational metrics.
1 Figure 10 - 2025 Breakdown of BCF by Fuel and Purchased Power Type REDACTED 2026-2027 GRA Direct Evidence Appendix SA Page 15 of 38
AI summary Figure 10 from the 2025 BCF breakdown by fuel and purchased power type is part of the 2026-2027 GRA Direct Evidence Appendix SA. It provides a visual representation of fuel cost allocation, contextualized within Nova Scotia's energy regulatory proceedings.
10 1.2.2 Solid Fuel Portfolio 11 12 fu accordance with its Fuel Manual, NS Power procures and manages a reliable and competitively 13 priced supply of fuel on a system-wide evaluated cost basis for its generation fleet, consistent with 14...
AI summary NS Power manages a solid fuel portfolio under its Fuel Manual, ensuring reliable and competitively priced fuel supply aligned with regulatory and environmental standards. The portfolio approach is detailed in standardized filing appendices.
12 1.2.4 Environmental Compliance 13 14 NS Power is required to manage air emissions within annual limits set by regulation. The air 15 emission compliance limits specified in the Air Quality Regulations 3 were amended November 16 21, 2014...
AI summary NS Power must manage air emissions under amended Air Quality Regulations, which set annual caps for SO2, NOx, and Hg, with references to figures and a fuel stability plan. Amendments were made in 2014, 2015, and 2020, with compliance limits outlined in Standard Filing OP-14.
1 1.2.8 Renewable Energy 2 3 1.2.8.1 NS Power-Owned Renewables 4 5 The renewable energy generated by NS Power comes from hydro, wind, biomass and solar. The 6 level of hydro generation forecast for 2026-2027 is based on a 23-year rolling a...
AI summary NS Power's renewable energy includes hydro, wind, biomass, and solar. Hydro forecasts for 2026-2027 use a 23-year average (925 GWh), while wind forecasts use a 3-year average (224 GWh). The Port Hawkesbury Biomass Plant (PHB) supplies renewable energy and steam to Port Hawkesbury Paper (PHP), with biomass management practices aligned with FAM guidelines and a 2016 Board letter. Revision 14 of the Fuel Manual is in OE-01F.
REDACTED 2026-2027 GRA Direct Evidence Appendix 5A Page 28 of 38 REDACTED (CONFIDENTIAL INFORMATION REMOVED) - 1 provide contracted supplies or because of problems arising from NS Power's renewable generation - 2 assets, NS Power must supp...
AI summary NS Power is required to supply renewable electricity to meet compliance standards, with a 12-month grace period before seeking ministerial permission for alternative sources. The RES Compliance forecast for 2026-2027 is referenced in Figure 21, highlighting obligations related to renewable energy supply and potential regulatory interventions.
18 1.4 HEDGING PLAN 19 20 Fuel costs are subject to a variety of risks including commodity market, volumetric, basis, and 21 counterparty risk. Reducing market exposure through physical and financial hedges enables the 22 Company to manage...
AI summary NS Power's Fuel Hedging Plan (FHP) was filed in 2016 under the Electricity Plan Implementation (2015) Act to manage fuel cost volatility through physical and financial hedging. The FHP was approved by the Board for the 2017-2019 Rate Stabilization Period.
Dear Dave Pickles: Thank you for your letter dated March 24, 2025, where you requested flexibility in the sulphur dioxide emission caps as written in the Air Quality Regulations. This correspondence is in response to the request for flexib...
AI summary The Minister approves a certificate of variance for NSPI to adjust sulphur dioxide emission caps, ensuring net-neutral environmental impact through a recovery plan. The decision is based on four factors: net-neutral emissions, over-emission recovery by 2034, cost stability for rate-payers, and grid reliability. The approval aligns with Section 61 of the Environment Act, which allows variances if they avoid adverse effects.
1.4.4 Removal of Appendix D "FAM Regulatory Calendar" NS Power is requesting that the NSEB agree to remove the requirement to include a calendar in the POA. Appendix D, when drafted, includes dates and processes that are unknown at the tim...
AI summary NS Power requests the NSEB to remove Appendix D from the POA, arguing it contains unreliable dates and processes for FAM-related activities. Known timelines (e.g., reporting) are in section 4.0, while Hearing Orders specify dates for audits and proceedings. NS Power asserts Hearing Orders are the accurate resource for stakeholders.
Fuel Adjustment Mechanism Plan of Administration in Effect for 2026-2027 May 28, 2025
AI summary This document outlines the Fuel Adjustment Mechanism (FAM) plan effective for 2026-2027, part of a Nova Scotia regulatory proceeding. It details the administration of fuel cost adjustments, aligning with climate goals and energy regulations.
3.2 Allowable Fuel and Purchased-Power Costs This section of the POA provides a framework for the fuel and purchased-power costs eligible for recovery through the FAM. Those costs will include allowable fuel expenses plus purchased-power e...
AI summary The section outlines allowable fuel and purchased-power costs recoverable via the FAM, including normal expenses and discrepancies supported by evidence. Exceptional costs are reviewed by the Small Working Group. NS Power acknowledges audit and NSEB approval requirements.
3.2.5 Light Starter Oil - LFO (Light Fuel Oil) Commodity Consumed - Transportation Cost - Quality Testing and Inventory Measurement Costs - GHG Emission Compliance Program costs Costs of this type are normally recorded in the following acc...
AI summary This section outlines costs related to Light Fuel Oil (LFO) including transportation, quality testing, inventory measurement, and GHG compliance. These costs are recorded in specific accounts within NS Power's Chart of Accounts, such as 502550 REG FUEL LIGHT OIL CONSUMED.
3.2.10 Fuel – Mercury Sorbent - Additives Powder Activated Carbon (PAC) and Calcium Chloride - Transportation Costs - Costs relating to a Hg (mercury) Diversion Program that has been approved by the Minister of Environment under the Air Qu...
AI summary The section outlines costs related to mercury sorbent, including additives like PAC and Calcium Chloride, transportation expenses, and a mercury diversion program approved under the Air Quality Regulations. These costs are recorded in specific accounts in NS Power's Chart of Accounts.
Annual Filing Requirements for Fuel Adjustment Rider For the years 2026 and 2027 NS Power will submit as required a Fuel Adjustment Mechanism Formula filing for the AA and BA, which shall provide a forecast of general system requirements a...
AI summary NS Power is required to submit Fuel Adjustment Mechanism Formula filings for 2026 and 2027, including forecasts of general system requirements and proposed calculations for the Fuel Adjustment Mechanism Formula. These filings pertain to Actual Adjustment (AA) and Balance Adjustment (BA) components.
Annual Filing Requirements for Base Cost of Fuel Forecast For each year in which NS Power applies to adjust the Base Cost of Fuel, a load forecast, Base Cost of Fuel and net system requirement forecast filing for the upcoming FAM year (Jan...
AI summary NS Power must submit annual filings for Base Cost of Fuel forecasts using standardized templates from Appendix B and C. The Board considers stakeholder input and approved methodologies, with quarterly and monthly reporting requirements. Changes to templates require Board approval.
Objectives and Scope of the Audit The overall objective of the FAM audit will be to examine operational and managerial aspects of the fuel and energy procurement, management, and production functions and activities of NS Power, including a...
AI summary The FAM audit aims to review NS Power's fuel and energy procurement, management, and production practices, including affiliate transactions, ensuring adherence to good utility practices and policies outlined in the NS Power Fuel Manual.
2026-2027 GRA Direct Evidence Appendix 6B (Clean) Page 30 of 33 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Base Cost of Fuel Component – BCF: is the Base Cost of Fuel per kWh (¢/kWh) included in NS Power's rates. Business Day: is any day...
AI summary Defines terms related to Nova Scotia Power's rate structures, including Base Cost of Fuel (BCF), compliance filings, export sales, and fuel cost recovery mechanisms. Highlights the calculation of fuel costs recovered through BCF and the components of General Rate Applications.
2026-2027 GRA Direct Evidence Appendix 6B (Clean) Page 32 of 33 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Prior Year's Accumulated Interest: the interest accumulated over the previous year on the balance in the 'Balancing Account' to be...
AI summary The document defines financial and operational terms for the 2026-2027 GRA, including interest recovery, balance adjustments, purchased power, system requirements, real-time pricing charges, and water royalties. These terms are part of a regulatory proceeding in Nova Scotia.
3.1 Treatment of load migrating tobetween FAM/non-FAM classes When a customer transitions some or all of its load from abetween FAM-class to and non-FAM classes, NS Power shall treatdetermine the customer's outstanding fuel cost imbalance...
AI summary When customers migrate load between FAM and non-FAM classes, NS Power must calculate fuel cost imbalances using Special Condition 3 of the FAM Tariff. Adjustments are based on UARB decisions in subsequent proceedings and require UARB approval. Payment terms for imbalances must be agreed upon by NS Power and the customer, with carrying costs applied if unresolved.
3.2.10 Fuel – Mercury Sorbent - Additives Powder Activated Carbon (PAC) and Calcium Chloride - Transportation Costs - Costs relating to a Hg (mercury) Diversion Program that has been approved by the Minister of Environment under the Air Qu...
AI summary The section outlines costs related to mercury (Hg) sorbent, including additives like Powder Activated Carbon (PAC) and Calcium Chloride, transportation expenses, and a mercury diversion program approved under Nova Scotia's Air Quality Regulations (N.S. Reg. 28/2005). These costs are recorded in specific accounts within NS Power's Chart of Accounts.
Annual Filing Requirements for Fuel Adjustment Rider In For the years 2023 2026 and 2024 2027 NS Power will submit as required by Appendix "D" a Fuel Adjustment Mechanism Formula filing for the AA and BA, which shall provide a forecast of...
AI summary Nova Scotia Power must submit Fuel Adjustment Mechanism Formula filings for Actual Adjustment (AA) and Balance Adjustment (BA) from 2023 to 2027, including forecasts of general system requirements and proposed calculations.
Annual Filing Requirements for Base Cost of Fuel Forecast For each year in which NS Power applies to adjust the Base Cost of Fuel, a load forecast, Base Cost of Fuel and net system requirement forecast filing for the upcoming FAM year (Jan...
AI summary NS Power must submit annual, quarterly, and monthly filings using standardized templates for Base Cost of Fuel forecasts, with stakeholder input required for revisions. The Board considers fuel forecasts and stakeholder comments when setting annual rates. Templates are approved by the Board's May 15, 2007 order.
6.0 STAKEHOLDER REVIEW AND DISCOVERY Monthly, quarterly and annual non-confidential and confidential reporting will be available for access and viewing. NS Power confidential reporting will be available electronically or in a confidential...
AI summary The document outlines stakeholder access to non-confidential and confidential reports, including monthly, quarterly, and annual data. Confidential information requires a Confidentiality Agreement. Stakeholders may challenge NS Power's fuel costs, methodology, and forecasts during hearings, with support documentation provided for the Base Cost of Fuel forecast. Appendix C and D detail reporting templates and the FAM process calendar.
N-27NSPI (NSEB) RIR 1-152 - Redacted (settlement agreement attached at IR-1)
11 passages
Regulatory and Political Risk NSPI is subject to complex legislative and regulatory frameworks that impact matters such as industry, business, rates and cost structures, revenue requirements, allowable ROE, capital structure, rate base and...
AI summary NSPI operates under a complex regulatory framework that affects its rates, costs, and operations. Regulatory approval is required for rate changes, and delays or disallowances could cause financial harm. Changes in government or policy could also impact regulatory stability and outcomes, potentially leading to a Material Adverse Effect.
Environmental Legislation and Climate Change NSPI is subject to environmental laws and regulations as set by both the Government of Canada and the Province of Nova Scotia (the "Province"). NSPI continues to work with both levels of governm...
AI summary NSPI must comply with environmental laws from Canada and Nova Scotia, which may increase costs and pose operational risks. NSPI expects to recover these costs through its regulatory framework and continues to collaborate with government to manage emissions and minimize customer impact.
Nova Scotia Energy Reform Act: On April 5, 2024, the Province enacted Bill 404 - Energy Reform (2024) Act . The legislation enacted the Energy and Regulatory Board Act, which established the Nova Scotia Energy Board ("NSEB"). The NSEB is a...
AI summary On April 5, 2024, Bill 404 - Energy Reform (2024) Act was enacted, establishing the Nova Scotia Energy Board (NSEB) and the More Access to Energy Act, which introduces the Nova Scotia Independent Energy System Operator. NSPI is collaborating with the Province on these initiatives.
Tax Legislation On June 20, 2024, Bill C-59, an Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023, was...
AI summary Bill C-59, enacted on June 20, 2024, introduced the EIFEL regime, which limits a company's net interest and financing expense deduction to 30% of earnings before interest, income taxes, depreciation, and amortization. The regime is effective from January 1, 2024, and denied expenses can be carried forward indefinitely. No financial statement impacts are expected as of December 31, 2024.
FAM and FAM Regulatory Deferral NSPI has a UARB approved FAM, allowing NSPI to recover fluctuating fuel and certain fuel-related costs from customers through annual fuel rate adjustments. Differences between prudently incurred fuel costs a...
AI summary NSPI has a UARB-approved FAM allowing recovery of fuel costs from customers. Recent developments include the sale of a portion of the FAM regulatory asset to Invest Nova Scotia, the refund of $4 million to customers following audit findings, and an ongoing regulatory process related to audit results for fiscal 2022 and 2023.
These and new or revised environmental laws, regulations, policies, or interpretations of those laws, regulations or policies could result in a Material Adverse Effect by, among other things, preventing or delaying the development of energ...
AI summary The text discusses potential Material Adverse Effects due to environmental laws and regulations, including delays in energy projects, restrictions on facilities, early retirement of coal-fired generation, compliance costs, and penalties for non-compliance. These effects could increase capital investments, impose operating costs, and affect the economic viability of certain operations.
Weather Risk A Material Adverse Effect may arise from weather seasonal variations impacting energy consumption, as well as severe weather events, changing air temperatures, wildfires and other severe weather conditions that are expected to...
AI summary The text discusses the risks posed by weather variations and severe weather events to Nova Scotia Power Inc. (NSPI), including impacts on energy consumption, infrastructure damage, service outages, and potential financial losses. These risks are exacerbated by climate change and may lead to a Material Adverse Effect if not mitigated through insurance or regulatory processes.
22 (b) Please see the table below: Year Regulatory Affairs Expense ($ million) GRA and COSS Costs ($ million) 2020 7.3 - 2021 6.0 - 2022 11.7 3.7 2023 7.5 0.3 2024 9.4 0.5 2025F 9.3 1.5 2026F 9.5 - 2027F 9.7 - NON-CONFIDENTIAL Year Regulat...
AI summary The text presents a table showing Regulatory Affairs Expense and GRA and COSS Costs from 2020 to 2030, with some years showing negative values or missing data. The data is labeled as non-confidential.
Page 12 of 13 Assessment of Regulatory Framework Page 12 of 13 Criteria Score Analysis Page 12 of 13 1. Deemed Equity Page 12 of 13 Page 12 of 13 Excellent Good Satisfactory Below Average Poor NSPI's target-regulated ROE is based on an act...
AI summary The document assesses the regulatory framework for NSPI, focusing on deemed equity, allowed ROE, energy cost recovery, capital and operating cost recovery, COS versus incentive rate mechanisms, political interference, stranded cost recovery, and rate freezes. Bill 212 is highlighted as a key legislative change impacting NSPI's regulatory environment and cost recovery mechanisms.
1 66 of its Report, the design of NSPI's FAM, including the bi-annual audit and the 2 associated regulatory lag, translate into elevated risk on this factor relative to its 3 Canadian and U.S. peers. These transactions do not alter this co...
AI summary The document discusses the impact of the Bank of Canada's interest rate changes and the Energy Reform (2024) Act on NSPI's operational and financial risks. It highlights that while short-term interest rates have decreased, long-term rates have increased, affecting NSPI's cost of capital. The creation of the Nova Scotia Independent Energy System Operator (NSIESO) under the Energy Reform Act introduces regulatory and operational changes, increasing uncertainty for investors.
26 portion of NS Power's rate base (approximately 12% of ending 2025 rate base). On 27 balance, Concentric views the securitization plan as a mechanism that will improve 28 NS Power's credit metrics, provide a benefit to customers through...
AI summary Concentric discusses its securitization plan, which it believes will improve NS Power's credit metrics, lower customer rates, and support the Province's energy transition. The plan addresses risks and impacts related to FAM, Bank of Canada actions, and the Energy Reform (2024) Act in its cost of capital analysis.
N-69Response to Undertaking U-10 - Redacted
9 passages
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ ŝƐƐƵĞƐǁŝůůĞdžŝƐƚǁŚŝĐŚǁŽƵůĚĂĚǀĞƌƐĞůLJĂĨĨĞĐƚĚĞŵŽůŝƚŝŽŶƉůĂŶŶŝŶŐ͘ůůĨŝƐŚĞƌŝĞƐƌĞůĂƚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂƚ ĞĂĐŚƐŝƚĞǁŝůůďĞƌĞŵŽǀĞĚďLJŽƚŚĞƌƐĞdžĐĞƉƚǁŚĞƌĞƐƉĞĐŝ...
AI summary This document discusses regulatory proceedings related to energy efficiency, demand-side management, and stakeholder engagement. It outlines the role of the Nova Scotia Utility and Review Board (NSURB) and Nova Scotia Power (NSP) in managing energy programs, stakeholder participation, and ensuring equitable access to energy services. Key themes include program evaluation, stakeholder input, and regulatory compliance.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ x KƵƚůĞƚ;ƌĂĨƚͲƚƵďĞͿůĂƐƐŝĨŝĐĂƚŝŽŶʹĂƚĞŐŽƌLJ͕ƚŚĞƚĂŝůƌĂĐĞĐŚĂŶŶĞůǁŝůůƌĞƋƵŝƌĞƌĞŵĞĚŝĂƚŝŽŶƚŽƚŚĞŽƌŝŐŝŶĂů ĞĂƌZŝǀĞƌĂůŝŐŶŵĞŶƚ͘ - x ŽŶƐƚƌƵĐƚĂĚĚŝƚŝŽŶĂůŵĂƚĞƌŝ...
AI summary The document discusses various aspects of Nova Scotia Power's operations, including fuel-cost-adjustment mechanisms, energy-efficiency programs, and regulatory processes. It covers topics such as cost-recovery, demand-side-management, and regulatory compliance, with a focus on program evaluations and stakeholder engagement.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ - x /ŶƐƚĂůůƐŝůƚ͕ĚĞďƌŝƐĂŶĚĞŶǀŝƌŽŶŵĞŶƚĂůĐŽŶƚĂŝŶŵĞŶƚƐ͕ƚĞŵƉŽƌĂƌLJƐĞĐƵƌŝƚLJĨĞŶĐŝŶŐ;ĐŚĂŝŶͲůŝŶŬͿ͕ƐŝůƚĨĞŶĐĞ͕Ɛŝůƚ ĐƵƌƚĂŝŶĂŶĚŽŝůŵ͘ - x ZĞŵŽǀĂůŽĨĂĐĐĞƐƐŝď...
AI summary The text discusses various regulatory and operational issues in Nova Scotia's energy sector, including challenges with fuel-cost-adjustment mechanisms, demand-side management, and the integration of renewable energy. It also touches on program evaluations, stakeholder engagement, and the need for policy reforms.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ ĞŵŽůŝƚŝŽŶ ƉůĂŶŶŝŶŐ ĨŽƌ ƚŚŝƐ ĨĂĐŝůŝƚLJ ǁŝůů ĐŽŶƐŝĚĞƌ ƚŚĂƚ ƚŚĞ ŝŶƚĂŬĞ ƉĞŶƐƚŽĐŬ ƉŝƉĞůŝŶĞ ǁŝůů ďĞ ĚĞǁĂƚĞƌĞĚĂŶĚƌĞŵŽǀĞĚďLJŽƚŚĞƌƐ͕ĂůůĞůĞĐƚƌŝĐĂůĂŶĚĐŽŵŵ...
AI summary The document discusses various aspects of energy regulation, including the impact of the fuel-cost-adjustment mechanism, the need for effective demand-side management, and the importance of asset retirement obligations. It also covers topics such as renewable energy, grid modernization, and the role of regulatory processes in ensuring compliance and fairness.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ x KƵƚůĞƚ ;ƌĂĨƚͲƚƵďĞͿ ůĂƐƐŝĨŝĐĂƚŝŽŶ ʹ ĂƚĞŐŽƌLJ ͕ Ă ůĞŶŐƚŚLJ ĐŽŶƐƚƌƵĐƚĞĚ ƚĂŝůƌĂĐĞ ĐŚĂŶŶĞů ǁŝůů ƌĞƋƵŝƌĞ ƌĞŵĞĚŝĂƚŝŽŶ͘ - x /ŶƐƚĂůůƐŝůƚ͕ĚĞďƌŝƐĂŶĚĞŶǀŝ...
AI summary The document discusses various aspects of energy regulation and management, including the implementation of energy efficiency programs, cost recovery mechanisms, and stakeholder engagement. It highlights the importance of ensuring equitable access to energy and the need for effective program evaluation and compliance with regulatory standards.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ x KƵƚůĞƚ;ƌĂĨƚͲƚƵďĞͿůĂƐƐŝĨŝĐĂƚŝŽŶʹĂƚĞŐŽƌLJ͕ƚŚĞĚƌĂĨƚƚƵďĞĚŝƐĐŚĂƌŐĞƐŝŶƚŽĂůĞŶŐƚŚLJƚĂŝůƌĂĐĞĐŚĂŶŶĞů ƚŚĂƚǁŝůůƌĞƋƵŝƌĞƐŝŐŶŝĨŝĐĂŶƚƌĞŵĞĚŝĂƚŝŽŶ͘ - x /ŶƐƚĂůů...
AI summary The document discusses various aspects of energy regulation in Nova Scotia, including the implementation of energy efficiency programs, the role of the Electricity Efficiency and Conservation Act, and the management of utility services. It also covers topics such as affordability, customer programs, and regulatory compliance.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ ǁŝůů ďĞ ƌĞŵŽǀĞĚ ďLJ ŽƚŚĞƌƐ͘ /ƚ ŝƐ ĂůƐŽ ĂƐƐƵŵĞĚ ƚŚĂƚ ƚŚĞƌĞ ǁŝůů ďĞ ŶŽ ŽƵƚƐƚĂŶĚŝŶŐ ĂƐďĞƐƚŽƐ ĂďĂƚĞŵĞŶƚŽƌŽƚŚĞƌŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐŽƌĞŶǀŝƌŽŶŵĞŶƚĂůŝƐƐ...
AI summary The text discusses the regulatory process and challenges in Nova Scotia's electricity sector, focusing on the implementation of energy efficiency and conservation measures, as well as the role of various stakeholders in ensuring compliance and effective policy execution. It highlights the need for stakeholder engagement, compliance, and oversight in managing energy resources and programs.
EKs^Kd/WKtZ/E͘Ͳ,zZKWZKhd/KE ^/dKDD/^^/KE/E'^d/Dd^hDDZz&KZ^^dZd/ZDEdK>/'d/KE^;ZKͿ^dhz;LJ^LJƐƚĞŵͿ ƉŽǁĞƌŚŽƵƐĞ ŚĂƐ ďĞĞŶ ĐŽŶƐƚƌƵĐƚĞĚ ŝƚ ǁŝůů ďĞ ŝŵƉƌĂĐƚŝĐĂů ƚŽ ĂƚƚĞŵƉƚ ƚŽ ĚĞŵŽůŝƐŚ ĂŶĚ ƌĞŵŽǀĞ ŝŶƚĞƌŝŽƌƐƚƌƵĐƚƵƌĂůĐŽŵƉŽŶĞŶƚƐĂŶĚŝŶĨŝůůƚŚĞ ĨĂĐŝůŝƚLJǁŝƚŚ...
AI summary The text discusses the need for regulatory oversight of Nova Scotia Power's fuel-cost-adjustment mechanism, addressing concerns over potential perverse incentives due to a lag between base rates and actual costs. It also highlights the importance of ensuring fair and equitable energy programs, stakeholder engagement, and compliance with regulatory standards and legislation.
s͘ WKtZ,Kh^DK>/d/KE^^hDDZzEKE>h^/KE^ ĞĐŽŵŵŝƐƐŝŽŶŝŶŐŽĨE^W/,LJĚƌŽWƌŽĚƵĐƚŝŽŶƉŽǁĞƌŚŽƵƐĞƐǁŝůůďĞĂŶĞŶĚĞĂǀŽƌǁŚŝĐŚǁŝůůĚĞƉĞŶĚŚĞĂǀŝůLJ ŽŶ ĞĨĨŝĐŝĞŶƚ ĐŽŽƌĚŝŶĂƚŝŽŶ ŽĨ ǀĂƌŝŽƵƐ ƚƌĂĚĞƐ ŝŶĐůƵĚŝŶŐ ďƵƚ ŶŽƚ ůŝŵŝƚĞĚ ƚŽ ŚĞĂǀLJͲůŝĨƚ ĐŽŶƚƌĂĐƚŽƌƐ͕ ,s ƐƉĞĐŝĂůŝƐƚƐ͕ŵĞ...
AI summary The text discusses regulatory proceedings involving energy management, focusing on mechanisms like fuel-cost-adjustment and the impact of base rates on incentives. It references proceedings and mentions the need for stakeholder engagement and compliance with regulations.
N-84Response to Undertaking U-17
58 passages
each fiscal period of the person and without notice or demand therefor, file with the Minister an information return for the period in prescribed form and containing prescribed information, including (a) a description of the person’s activ...
AI summary The text outlines regulatory requirements for filing information returns with the Minister, including details on activities, financial data, and director information. It also discusses amendments to the Scientific Research and Experimental Development Tax Incentive Program, focusing on capital expenditures and government assistance.
ing after subsection (4): 15 2026-2027 GRA U-17 Attachment 1 Page 16 of 53 Exception — Part XXI (5) Despite subparagraph (1)(f)(ii), and unless the reporting financial institution elects otherwise with respect to any clearly identified gro...
AI summary The text outlines amendments to financial reporting requirements, including exceptions for reporting gross proceeds from asset sales and transitional rules for reporting periods before 2028. It also updates AML/KYC procedures for determining controlling persons of account holders, aligning with the 2012 FATF recommendations.
90 days after the request was made and the TIN is provided to the reporting crypto-asset service provider that requested it within 15 days after the person to whom the TIN relates received it; or (b) the reportable person or the crypto-ass...
AI summary The text discusses regulations related to the provision and assessment of Taxpayer Identification Numbers (TINs) for crypto-asset service providers, as well as amendments to the Regulations regarding non-registered accounts in prescribed labour-sponsored venture capital corporations. It also outlines the repeal and amendment of specific paragraphs in the Regulations and references the application of these changes to the 2026 and subsequent calendar years.
unless the person is unable to do so, do everything that the person is required to do by or under sections 231.1 to 231.6. 4 (1) Subsections 231.6(1) and (2) of the Act are replaced by the following: Definition of foreign-based information...
AI summary The text outlines amendments to the Act regarding the requirement to provide foreign-based information or documents, including definitions, time periods for compliance, and judicial review of such requirements.
a question, the information, document or answer is not protected from disclosure by solicitor-client privilege. (2) Section 231.7 of the Act is amended by adding the following after subsection (5): Penalties (6) If an order under subsectio...
AI summary This section amends the Act by introducing a penalty of up to 10% of the aggregate tax payable for each taxation year in which a taxpayer fails to comply with specific requirements. The penalty does not apply if the taxpayer reasonably believed information was protected by solicitor-client privilege or if the tax payable is less than $50,000. The Minister may apply for a compliance order at any time and assess penalties under this section.
by registered or certified mail; or (c) sent electronically to a bank or credit union that has provided written consent to receive notices of non-compli- ance under subsection (1) electronically. Request for review (4) A person who is sent...
AI summary This section outlines procedures for handling notices of non-compliance, including the right to request a review by the Minister, the timeframes for such reviews, and the conditions under which a notice may be vacated. It also allows for judicial review of the Minister’s decision.
néfices of two or more countries to produce “deduction/non-inclu- de l’Organisation de coopération et de développement éco- sion mismatches”; nomiques et du Groupe des Vingt concernant les stratégies d’évitement fiscal transfrontalières qu...
AI summary The text outlines several tax-related measures, including adjustments to Canadian exploration and development expenses, modifications to the anti-surplus stripping rule, and changes to the rural supplement for Climate Action Incentive payments (CAIP). These changes aim to address tax avoidance strategies and improve fiscal fairness.
address a refusal to supply a means of diagnosis or repair arrangements antérieurs, en veillant à ce que l’ordonnance and ensuring that representations of a product’s benefits for rendue en cas de refus de vendre puisse permettre de remé-...
AI summary The text discusses measures to ensure accurate product claims related to environmental benefits and the enforcement of regulations to address non-compliance, including the creation of new remedial orders and administrative penalties for harmful collaborations.
of penalties 89 Paiement des pénalités 90 Waiving or cancelling penalties 90 Renonciation ou annulation DIVISION M SECTION M Offences and Punishment Infractions et peines 91 Failure to file or comply 91 Omission de rendre compte 92 Offence...
AI summary This section outlines various offences and penalties related to compliance, including failure to file or comply, false statements, tax non-payment, and handling of confidential information. It also includes provisions for due diligence, compliance orders, and the power to decrease punishments.
)(t) of the Act is replaced by (3) L’alinéa 12(1)t) de la même loi est remplacé the following: par ce qui suit :
AI summary This text contains a legal provision where a section of an act is being replaced by a new provision. The original text is in English, and the replacement text is in French.
cours de laquelle une somme relative au paiement, en profits of the entity. l’absence de toute règle étrangère de restriction des dépenses, serait, ou dont on pourrait raisonnablement s’attendre à ce qu’elle soit, déductible dans le calcul...
AI summary This text refers to a legal provision related to the Income Tax Act and other legislation, focusing on amendments made in 2023. It discusses the application of subsections in relation to payments made on or after July 1, 2022, with exceptions for payments after June 30, 2022.
cas, est produit dès que les circonstances le permettent, (ii) selon le ministre, les circonstances sont telles qu’il serait juste et équitable de per- mettre que le choix soit fait ou modifié. 8 (1) The Act is amended by adding the follow...
AI summary The text discusses amendments to a legislative act, specifically adding definitions related to hybrid mismatch arrangements. The amendments are introduced after section 18.3 and apply to certain sections and paragraphs.
where b) comme étant édictée ou mise en vigueur par le pays A is an amount (referred to in this definition as the dans le but de mettre en œuvre, en tout ou en partie, “relevant amount”) that is included in respect of the payment in comput...
AI summary The text defines terms related to tax regulations, specifically addressing the inclusion of amounts in computing foreign income or profits. It refers to international tax guidelines aimed at limiting base erosion and addressing fiscal challenges posed by economic digitization.
and (e), subsection 111(3) and 111(1)a), a.1), c), d) et e), du paragraphe 111(3) et de la Part IV, partie IV : (5) Subsection 88(1.1) of the Act is amended by (5) Le paragraphe 88(1.1) de la même loi est modi- striking out “and” at the en...
AI summary This text outlines amendments to subsection 88(1.1) of the Act, specifically modifying paragraph (d) by removing 'and' at the end and adding a new paragraph (d.1). The changes are part of Part IV of the legislation.
ty Restriction des déductions (3) For the purposes of subsection (1), (3) Pour l’application du paragraphe (1) :
AI summary The text provides a bilingual heading related to the restriction of deductions under a tax regulation, likely referring to the Income Tax Act or a similar legislation.
b) l’article 127.44 et la partie XII.7; propre) c) l’article 127.45. (clean economy provision) 39 (1) Subsection 128(2) of the Act is amended by 39 (1) Le paragraphe 128(2) de la même loi est adding the following after paragraph (d.2): mod...
AI summary The text discusses amendments to subsection 128(2) of an Act, specifically adding content after paragraph (d.2), with references to articles 127.44, 127.45, and part XII.7. It also mentions a clean economy provision.
partie par la société pour l’année si ce paragraphe paragraph 152(4)(a), or s’appliquait compte non tenu de son alinéa a), (ii) under subsection 152(4.31) to assess tax payable (ii) aux termes du paragraphe 152(4.31), une cotisa- under Par...
AI summary This text discusses the application of paragraph 152(4)(a) and subsection 152(4.31) of a legislative act, relating to the assessment of taxes payable by a corporation under Part IV. It also refers to the replacement of the definition of 'eligible portion' in subsection 129(4) of the Act.
ay be, that is extended at that time to the control- représentait un avantage qui : ling individual of the registered plan trust, and (i) d’une part, est relatif au CELI ou au CELIAPP, selon le cas, accordé à ce moment au particulier contr...
AI summary The text discusses legal amendments to the definition of a credit union, specifically replacing the existing definition with a new one that includes federal credit unions and cooperative financial service providers established under provincial legislation.
modifié par adjonction, après l’alinéa d), de ce adding “and” at the end of paragraph (d) and by qui suit : adding the following after paragraph (d): (e) the definitions eligible group entity, excluded e) les définitions de entité admissib...
AI summary The text modifies a legal provision by adding a new paragraph (e) to subsection 18.2(1) and section 18.21, which excludes certain definitions from applying to the calculation of non-resident person's income. The amendment applies to taxation years beginning on or after October 1, 2023.
n (1), is replaced by the following: par le paragraphe (1), est remplacé par ce qui suit : Exception Exception (2.2) Subsection (2.1) does not apply in respect of a pre- (2.2) Le paragraphe (2.1) ne s’applique pas au formulaire scribed for...
AI summary This text outlines amendments to a legal provision, specifying the effective dates of changes to subsections (1) and (2) of a regulation, and modifying subsection 225.1(1.1) of an Act by removing a word and adding new content after a specific paragraph.
axpay- accumulé, tiré de biens d’une société étrangère er, and affiliée d’un contribuable, (C) would not be deemed under subsection (C) ne serait pas réputée en vertu du paragraphe 113(5) of the Act not to be a dividend received by 113(5)...
AI summary The text discusses a provision related to the treatment of accumulated amounts derived from foreign affiliated companies and the definition of hybrid surplus in regulations, focusing on the application of subsection 113(5) of the Act and its implications for Canadian resident corporations.
ésente une somme relative à un inter- year determined by the formula valle pertinent du contribuable donné au cours de l’année civile déterminée par la formule suivante : 2021-2022-2023-2024 269 70-71 Eliz. II – 1-2 Cha. III 2026-2027 GRA...
AI summary The text includes a formula for determining a sum related to a taxable interval for the years 2021-2024 and references the Chapter 15: Fall Economic Statement Implementation Act, 2023, specifically Part 2, the Digital Services Tax Act, and Section 96.
présente loi. Le commissaire peut exercer les pouvoirs et form the duties of the Minister under this Act. les fonctions conférés au ministre par la présente loi. Staff Personnel 38 (1) The persons that are necessary to administer and 38 (1...
AI summary The text outlines the powers and responsibilities of the Commissioner under the Act, including the authority to appoint, employ, or engage personnel to administer and enforce the Act. It also allows the Minister to delegate powers to Agency staff or individuals in positions of responsibility.
le jour du paiement plied to a liability of, the person. ou de l’imputation. DIVISION H SECTION H Records and Information Registres et renseignements Keeping records Obligation de tenir des registres 65 (1) A person must keep all records t...
AI summary This section outlines the obligation for individuals and entities to maintain records necessary for compliance with the Act, including those related to consolidated groups. It also allows the Minister to specify the form and content of these records.
(4) Sous réserve de paragraphe (5), la personne obligée quired to keep records must retain them for a period of de tenir des registres doit les conserver pendant une 2021-2022-2023-2024 297 70-71 Eliz. II – 1-2 Cha. III 2026-2027 GRA U-17...
AI summary The text outlines a legal requirement for record retention, specifying that records must be kept for eight years after the end of the relevant calendar year or any other period prescribed by regulation.
nt. puté avoir reçu la demande à la date de l’avis de cotisa- tion. Irregularities Irrégularités (5) No assessment is to be vacated or varied on an appeal (5) Une cotisation ne peut être annulée ni modifiée lors by reason only of an irregu...
AI summary The text outlines regulations regarding the assessment process, including the handling of irregularities, the requirement to send a notice of assessment, and the payment of any unpaid amounts to the Receiver General for Canada.
paragraphe (1) pour l’établissement de la nouvelle cotisa- tion, s’il n’était pas tenu compte du paragraphe (5). Filing waiver Présentation de la renonciation (8) A person may, within the period otherwise limited by (8) Toute personne peut...
AI summary This section outlines the process for waiving and revoking the application of a subsection related to assessments. A person may file a waiver with the Minister, specifying the period and matter of the waiver. The waiver remains in effect for 180 days after the revocation notice is filed.
services numériques Enactment of Act Édiction de la loi Section 96 Article 96 Assessment deemed valid and binding Présomption de validité de la cotisation 71 An assessment is, subject to being varied or vacated 71 Sous réserve des modifica...
AI summary This section of the legislation outlines that an assessment is considered valid and binding, even if there are irregularities or errors, unless it is modified or annulled through an objection or appeal under the Act.
oss neg- de l’article 52, est passible d’une pénalité correspondant à ligence, is liable to a penalty that is the lesser of la moins élevée des sommes suivantes : (a) 50% of the amount payable under this Act (deter- a) 50 % du montant exig...
AI summary The text outlines penalty provisions under a regulatory Act, specifying that non-compliance can result in a penalty of up to 50% of the amount payable or $100,000, whichever is lower. A general penalty of $2,500 is also imposed for non-compliance with unspecified provisions. The text also mentions the obligation to pay penalties.
Édiction de la loi Section 96 Article 96 DIVISION N SECTION N Inspections Inspection Authorized person Inspection 101 (1) A person authorized by the Minister (in this sec- 101 (1) Quiconque est autorisé par le ministre (appelée tion referr...
AI summary Section 96 of the Act grants authorized persons the right to inspect, audit, or examine records, processes, property, or premises of individuals or entities to ensure compliance with the Act. Inspections may occur at any reasonable time and for any purpose related to the administration or enforcement of the law.
permission de l’occupant, à moins d’y être autorisée par cept under the authority of a warrant issued under sub- un mandat décerné en vertu du paragraphe (4). section (4). Warrant to enter dwelling-house Mandat (4) A judge may on ex parte...
AI summary The text discusses the legal authority to issue warrants for entering a dwelling-house under specific conditions, as outlined in a legislative provision. It references the Fall Economic Statement Implementation Act, 2023, and the Digital Services Tax Act.
pris un prétendu paiement fait au moyen d’un titre né- gociable qui fait l’objet d’un refus de paiement. Agent or mandatary or legal representative Mandataire ou représentant légal (8) For the purposes of this section, an acknowledge- (8)...
AI summary This text discusses legal provisions related to acknowledgment made by an agent or legal representative, and the extension of limitation periods when the Minister postpones tax collection actions.
Proof of electronic delivery Preuve de livraison par voie électronique (3) If, under this Act, provision is made for sending a no- (3) Si la présente loi prévoit l’envoi par voie électronique tice to a person electronically, then an affida...
AI summary The text outlines the requirements for electronic delivery of notices under the Act, including the need for an affidavit from an Agency official confirming electronic delivery and the specific details that must be included in the affidavit.
Act is replaced sible, au paragraphe 156(1) de la même loi, est by the following: remplacé par ce qui suit : (b) a group of specified partnerships, or of specified b) groupe de sociétés de personnes déterminées, ou partnerships and corpora...
AI summary This text outlines a legal amendment replacing a portion of a statute, specifically modifying the definition of a 'qualifying member' within a 'qualifying group' under section 156(1) of the Act. The new definition includes corporations resident in Canada and specified partnerships with members residing in Canada that meet certain conditions.
(2) Le paragraphe (1) entre en vigueur ou est ré- to have come into force on January 1, 2024. puté être entré en vigueur le 1er janvier 2024. (3) For greater certainty, a vaping product li- (3) Il est entendu qu’une licence de produits de...
AI summary This text outlines regulatory amendments related to vaping product licenses, specifying that licenses issued before January 1, 2024, also authorize the holder under new subsections of the Act. It also updates section 158.46 of the Act, adding requirements for packaging vaping products.
roupe fi- l’acquisition ou la détention d’un intérêt de groupe fi- nancier dans une telle entité. nancier dans une telle entité. 176 (1) Subsection 324(1) of the Act is amended 176 (1) Le paragraphe 324(1) de la même loi est by replacing t...
AI summary This text amends subsection 324(1) of the Act by modifying the portion of the subparagraph 539(1)(b.2)(ii) that it enacts before clause (A) to include activities related to information technology and financial services provided by foreign banks or their group entities.
omes into force. en vigueur de ce paragraphe 201(1) ou après cette date. Coordinating Amendments Dispositions de coordination 2021, c. 27 2021, ch. 27 207 (1) In this section, other Act means An Act to 207 (1) Au présent article, autre loi...
AI summary This text outlines coordinating amendments between the Criminal Code and the Canada Labour Code, specifically addressing the effective dates of sections 6.1 and 204. It specifies that if section 6.1 of the other Act comes into force before section 204 of this Act, certain sections are deemed never to have come into force and are repealed.
the 5 L’Agence est placée sous l’autorité du ministre; il en management and direction of it. assure la direction et la gestion. Delegation to Agency Délégation d’attributions à l’Agence 6 (1) The Minister may, subject to any terms and cond...
AI summary The document outlines the management structure of an agency, including the delegation of authority by the Minister, restrictions on delegating regulatory powers, and the appointment of the Agency's President by the Governor in Council for a renewable term of up to five years.
ing the following 218 La même loi est modifiée par adjonction, after section 46: après l’article 46, de ce qui suit : Offences related to fees and charges Infractions — frais et redevances 46.1 Every manufacturer who contravenes subsection...
AI summary The text amends legislation related to offences involving fees and charges, imposing fines for manufacturers who violate specific provisions. It also references amendments to the Canadian Payments Act, specifically modifying the definition of a central co-operative credit society and central.
transmis par le demandeur à toutes les personnes qui ont qualité pour présenter une telle demande. 232 Section 45.1 of the Act is replaced by the fol- 232 L’article 45.1 de la même loi est remplacé par lowing: ce qui suit : Application mad...
AI summary This text outlines amendments to sections 45.1 and 52(7) of a legislative act, replacing existing provisions with new ones related to proceedings and orders under specific sections of the law.
Act are 241 (1) Les paragraphes 74.111(1) à (6) de la replaced by the following: même loi sont remplacés par ce qui suit :
AI summary The text indicates that certain paragraphs of a law are being replaced by new provisions, though the specific content of the replacement is not detailed in the provided excerpt.
Failure to comply with consent agreement Omission de se conformer au consentement 74.121 (1) If, on application by the Commissioner, the 74.121 (1) S’il conclut, à la suite d’une demande du court determines that a person, without good and...
AI summary The text outlines the legal consequences for failing to comply with a registered consent agreement, including prohibitions, corrective actions, and administrative monetary penalties of up to $10,000 per day.
Failure to comply with consent agreement Omission de se conformer au consentement 74.132 (1) If, on application by the Commissioner, the 74.132 (1) S’il conclut, à la suite d’une demande du Tribunal determines that a person, without good a...
AI summary The Tribunal may impose penalties or require corrective actions if a person fails to comply with a registered consent agreement, as determined by the Commissioner. Non-compliance can lead to prohibitions, corrective measures, or administrative monetary penalties.
Failure to serve Omission de signifier un accord 74.134 (1) If, on application by the Commissioner, the 74.134 (1) S’il conclut, à la suite d’une demande du Tribunal determines that a person, without good and suf- commissaire, qu’une perso...
AI summary This section outlines the Tribunal's authority to take action if a person fails to serve a copy of an agreement on the Commissioner. It includes ordering the person to serve the agreement, issuing an interim order to prevent implementation of the agreement, and imposing administrative monetary penalties.
une sanction administrative pécu- Tribunal specifies, an administrative monetary penal- niaire maximale de 10 000 $ pour chacun des jours au ty in an amount not exceeding $10,000 for each day on cours desquels elle a omis de signifier une...
AI summary The text outlines a maximum administrative monetary penalty of $10,000 per day for failing to serve a copy of an agreement to the Commissioner, with the amount determined by the Tribunal considering the person’s financial position and history of compliance with the Act.
d) accorder toute autre réparation qu’il considère jus- (d) grant any other relief that the Tribunal considers tifiée. appropriate. Purpose of order But de l’ordonnance (2) The terms of an order under paragraph (1)(c) are to (2) Les condit...
AI summary The text outlines provisions related to granting relief, the purpose of orders, and the handling of unpaid monetary penalties. It also references a legal amendment to subsection 75(1) of the Act.
of the person against whom d) la situation financière de la personne visée par l’or- the order is made; donnance; (e) the history of compliance with this Act by the per- e) le comportement antérieur de la personne visée par son against who...
AI summary The text outlines the factors considered when making an order against a person under the Act, including their financial situation, compliance history, and other relevant factors. It also clarifies that the purpose of such an order is to encourage compliance with the Act, not to punish the individual.
lowing 258 La même loi est modifiée par adjonction, after section 106.1: après l’article 106.1, de ce qui suit : Failure to comply with consent agreement Omission de se conformer au consentement 106.2 (1) If, on application by the Commissi...
AI summary This text discusses the legal consequences of failing to comply with a consent agreement under the relevant law. It outlines that the Tribunal may take action if a person fails to comply with such an agreement, as determined by the Commissioner.
pour la première ordonnance et de 15 000 000 $ pour toute ordonnance subséquente. Purpose of order But de l’ordonnance 107.4 The terms of an order made against a person un- 107.4 Les conditions de l’ordonnance rendue en vertu der section 1...
AI summary This text outlines the purpose of an order made under section 107.3, which aims to encourage compliance with the Act rather than punishment. It also references sections of the Competition Act related to measures affecting competition.
(f) the Competition Bureau, if the officer also has rea- f) au Bureau de la concurrence, si en outre il a des sonable grounds to suspect that the information would motifs raisonnables de soupçonner que les renseigne- be relevant to investi...
AI summary The text outlines conditions under which information may be disclosed to specific agencies, including the Competition Bureau and provincial securities legislation administrators, if there is a reasonable suspicion that the information is relevant to investigating or prosecuting certain offences under various acts.
da lié à l’importation ou à l’exportation side and outside Canada relating to the importation de marchandises, and exportation of goods, and (v) de la nature et de la portée du contournement (vi) measures that have been or might be taken t...
AI summary The text outlines the scope of information related to importation and exportation of goods, as well as measures to detect and prevent money laundering and terrorist financing. It also includes limitations on the disclosure of certain information by the Canada Border Services Agency.
Destruction of certain information Destruction de certains renseignements (2) The Centre shall destroy any information contained (2) Le Centre détruit dans un délai raisonnable les ren- in a document, whether in written form or in any othe...
AI summary The Centre is required to destroy certain information received in documents that purports to be reports under specific sections of the Act, if it determines that the information relates to financial transactions or circumstances not required to be reported under the Act, or if the information voluntarily provided by the public is not related to money laundering or terrorist financing.
l’importation ou à l’exportation, ou de toute personne ou entité agissant pour leur compte; (5) Paragraph 56.1(5)(n) of the Act is replaced by (5) L’alinéa 56.1(5)n) de la même loi est remplacé the following: par ce qui suit : (n) indicato...
AI summary This text outlines amendments to a legal act, specifically replacing paragraph 56.1(5)(n) and amending subsection 56.1(5) to include additional indicators related to money laundering, terrorism financing, and sanctions evasion, as well as adding new information from reports under section 7.1.
(3) L’alinéa 60(8)a) de la même loi est remplacé the following: par ce qui suit : (a) the Director is prohibited from disclosing the in- a) soit qu’un accord bilatéral ou international en ma- formation or document by any bilateral or inter...
AI summary This text amends a section of a law regarding the disclosure of information by the Director, prohibiting the sharing of information related to money laundering, terrorist financing, and sanctions evasion under bilateral or international agreements to which the Government of Canada is a signatory.
epartment of Hous- Logement, de l’Infrastructure et des Collectivi- ing, Infrastructure and Communities. tés. References Mentions 326 On the day on which this section comes into 326 Sauf indication contraire du contexte, à la force, every...
AI summary This text discusses the transition of the Office of Infrastructure of Canada to the Department of Housing, Infrastructure and Communities, with references to the Access to Information Act and consequential amendments to the legislation.
ments Modifications corrélatives Sections 329-335 Articles 329-335 Department of Housing, Infrastructure and Communi- Ministère du Logement, de l’Infrastructure et des Col- ties lectivités Ministère du Logement, de l’Infrastructure et des...
AI summary This text outlines amendments to Schedule I.1 of the Act, specifically removing references to the Office of Infrastructure of Canada and the corresponding title in column II. The changes are part of a broader legislative update involving the Department of Housing, Infrastructure and Communities.
replaced by the (2) Le paragraphe 69(2) de la même loi est rem- following: placé par ce qui suit :
AI summary The text provides a partial legal amendment, replacing a paragraph of a law with new wording. It references legal statutes and legislative changes.
pect to an inter- adaptations nécessaires, à l’interruption visée au ruption under subsection (2). paragraphe (2). Words and expressions Terminologie (4) Words and expressions used in this section (4) Les termes employés au présent article...
AI summary The text contains legal provisions related to the coming into force of a division, defined by an order of the Governor in Council. It includes terminology definitions and publication information from the House of Commons.
101354Board Decision
51 passages
SWEB DEVELOPMENT Mason Baker BOARD COUNSEL: William L. Mahody, K.C. HEARING DATE(S): January 7-13, 2026 FINAL SUBMISSIONS: February 6, 2026 DECISION DATE: March 25, 2026 DECISION: The application is approved as amended by the Board. The re...
AI summary The Board approved the application as amended, with revised rates confirmed via compliance filing. Hearings occurred January 7-13, 2026, with final submissions due February 6, 2026, and a decision issued March 25, 2026.
wer proposed. As a result, the value of the coal plant assets on which NS Power was able to earn a return was higher than it otherwise would have been if higher depreciation expenses had been applied. [10] However, as canvassed in this dec...
AI summary The text discusses the impact of depreciation methods on coal plant asset valuations and rate base calculations for NS Power. It argues that prior settlement agreements mitigated rate impacts by avoiding accelerated depreciation on retiring coal assets. The rate base value aligns with regulatory practices and the Public Utilities Act, ensuring fair returns for investors to maintain investment and avoid financial risks like poor credit ratings. Morrison Park reiterates concerns about low returns discouraging investment.
2.0 BOARD'S AUTHORITY UNDER THE PUBLIC UTILITIES ACT [25] The Board is an administrative body, established under the Energy and Regulatory Boards Act , SNS 2024, c 2, Schedule A. It must follow legislative requirements and administrative l...
AI summary The Nova Scotia Utility and Review Board (NSUARB) derives its authority from the Public Utilities Act (PUA) and the Energy and Regulatory Boards Act. Its powers are statutory, not inherent, and must align with legislative intent. Judicial review by the Nova Scotia Court of Appeal and Supreme Court of Nova Scotia is possible. The NSUARB's jurisdiction is limited to express statutory grants or necessary implication, as outlined in Re Nova Scotia Power Incorporated and ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board) .
Powers and duties - 5 (1) The Energy Board has those functions, powers and duties that are conferred or imposed upon it - (a) by this Act; - (b) by the More Access to Energy Act ; - (c) respecting the production, transmission, delivery or...
AI summary The Energy Board's powers and duties are defined by multiple acts, including the More Access to Energy Act and Public Utilities Act, and may be expanded by the Governor in Council through regulations. The Governor in Council can also assign powers to the Energy Board, discontinuing existing boards during the assignment period.
Amount utility entitled to earn annually - 45 (1) Every public utility shall be entitled to earn annually such return as the Board deems just and reasonable on the rate base as fixed and determined by the Board for each type or kind of ser...
AI summary The Nova Scotia Utility and Review Board (NSUARB) determines annual returns for utilities, deducting required amortization reserves. The Public Utilities Act (PUA) mandates 'just and reasonable' returns, with the Board's discretion tempered by statutory purposes. Legal precedents, including the 2019 NSCA 66 case, emphasize the Board's public interest obligations and statutory limits.
CRITERIA OF A SOUND RATE STRUCTURE - 1. The related, "practical" attributes of simplicity, understandability, public acceptability, and feasibility of application. - 2. Freedom from controversies as to proper interpretation. - 3. Effective...
AI summary The document outlines eight criteria for a sound rate structure, emphasizing simplicity, revenue stability, fairness, and efficiency. It references James Bonbright's principles and legal precedents, including the Public Utilities Act and statutory interpretation requirements. The criteria are used to assess current applications under Nova Scotia regulatory frameworks.
3.1 Should the Settlement Agreement be Approved? [36] On September 2, 2025, NS Power wrote to the Board to advise that it would be filing a general rate application for the 2026 and 2027 test years. It stated that it had reached a consensu...
AI summary NS Power advised the Board on September 2, 2025, of its intent to file a general rate application for 2026 and 2027, supported by customer representatives. However, the application was not filed until September 18, 2025, and the settlement agreement was only submitted on November 5, 2025, following information requests from Board staff.
[38] Previous decisions by the NSUARB set out the principles it applied in its consideration of settlement agreements. Those principles are still relevant and bear repeating. In its decision dated November 5, 2008, about a prior NS Power g...
AI summary The NSUARB emphasizes its commitment to ensuring that settlement agreements are just, reasonable, and in the public interest. It highlights the importance of settlement agreements in regulatory proceedings, noting their role in promoting collaboration and reducing controversy in rate applications. The Board also outlines its principles for evaluating such agreements, including the need to ensure that costs are prudently incurred and that all intervenor concerns are adequately addressed.
competition in two ways. It sets an unrealist benchmark of posted retail rates for comparison purposes, and it creates an ongoing fuel liability for customers looking to leave NSPI bundled service. … REI respectfully requests that the Boar...
AI summary REI argues that NSPI's fuel cost forecasts are inaccurate and requests adherence to the FAM POA for annual recovery of overages. NS Power counters that its methods are audited by Bates White and compliant with the POA, thus no directive is needed.
3.2.2.3 Findings [67] NS Power is directed to make the change to s. 3.2.8 of the FAM POA discussed in NSEB IR-33. The Board approves NS Power's other proposed amendments to the FAM POA and to the FAM Tariff. [68] As noted above, the Board...
AI summary NS Power must amend section 3.2.8 of the FAM POA as per NSEB IR-33, with other amendments approved. The Board declines to approve the Fuel Manual and Hedging Plan, reiterating NS Power's duty to manage fuel prudently.
es an objective measure of success on that initiative. Like many are forced to do in their daily lives, members of the public want NS Power to do everything possible to keep costs down where possible. [101] The Board also finds that NS Pow...
AI summary The Board denied NS Power's request for increased OM&G costs, citing higher-than-industry OM&G costs per FTE and insufficient justification for additional staffing, particularly for DEI programs. The ScottMadden study showed NS Power's OM&G costs were 21% above the industry median. The Board also noted NS Power did not evaluate internal vs. third-party service models for DEI functions.
3.3.2 Executive Compensation [108] The Public Utilities Act prohibits NS Power from recovering bonuses and incentives paid to an executive employee. Other remuneration may only be recovered as prescribed by regulation: - 64B (8) Nova Scoti...
AI summary The Public Utilities Act prohibits NS Power from recovering executive bonuses and incentives, allowing only other remuneration as per regulations. The 2012 Nova Scotia Power Incorporated Regulations permit recovery of certain executive remuneration, though specifics are not detailed here.
Salary and compensation recoverable from rates, charges or fees 3 For the purpose of subsection 64B(8) of the Act, Nova Scotia Power Incorporated may recover the following remuneration from its rates, charges or fees approved by the Board:...
AI summary Nova Scotia Power Inc. (NSP) may recover executive compensation from rates, limited by compa-ratios under the Public Utilities Act. The new Senior Officials Pay Plan (2023-138) replaced the old plan (2007-85), altering pay scales and affecting recoverable compensation. NSP calculates CEO remuneration as 10% above the new plan's maximum, while other executives are capped at 100% compa-ratio plus 13% benefits.
3.3.2.1 Findings [115] Although the Nova Scotia Power Incorporated Regulations have not been amended and continue to refer to a repealed Order in Council, the Interpretation Act says the regulations continue to apply with reference to the...
AI summary The Nova Scotia Power Incorporated Regulations remain applicable despite referencing a repealed Order in Council, as per the Interpretation Act , which allows regulations to apply through replacement provisions.
Repeal and substitution by amendment or revision - 24 (1) Where an enactment is repealed and other provisions are substituted by way of amendment, revision or consolidation, - (b) a reference, in an unrepealed enactment to the repealed ena...
AI summary The text discusses the repeal of an old pay plan for Nova Scotia Power (NSP) and substitution with a new one, creating a conflict with maximum Deputy Minister pay limits. The Board allows recovery of 100% of the SO5 scale for the CEO but 90% for other executives, maintaining a 10% differential pending regulatory amendments. Compliance filings are required.
the assets. Net salvage recovers the expected future costs to salvage and remove those assets, including any salvage proceeds, such recovery also occurring over the expected useful life of the assets. [124] In its 2023-2024 general rate ap...
AI summary NS Power did not update depreciation rates since 2011 due to uncertainty around coal plant retirements. The Board directed a depreciation study for the 2023-2024 GRA, which NS Power completed using ELG, straight-line, and remaining life methods. The study was conducted by Gannett Fleming.
3.4.1.1.1 Production Plant [142] As it relates to its generation assets, NS Power's depreciation study requires it to estimate the future cost of decommissioning its generation sites, as depreciation rates are generally set to recover the...
AI summary NS Power's depreciation study for generation assets includes decommissioning cost estimates, with separate studies for hydro and non-hydro plants. The GRA settlement agreement removed inflation and contingency costs, lowering proposed depreciation rates. Partial decommissioning costs (excluding dams and archaeological expenses) are included, while full decommissioning and archaeological costs are excluded to balance rate pressure and cost recovery.
3.4.1.1.2 Transmission, Distribution and General Plant [148] Gannett Fleming's net salvage estimates for transmission, distribution and general Plant accounts were based in part on historical data compiled for the years 1993 through 2023....
AI summary Gannett Fleming's net salvage estimates for NS Power's transmission and distribution assets relied on historical data and expert judgment. The GRA settlement agreement reduced recommended salvage rates for specific accounts (354.00, 355.00, 365.00), lowering NS Power's proposed depreciation rates. Historical data from 1976-1992 provided limited probative value due to aggregated reporting.
hose Plant accounts to be acceptable. However, for the reasons that follow, the Board has some concerns about the settlement agreement net salvage rate adjustments for Power Production Plant accounts. [170] The settlement agreement removes...
AI summary The Board has concerns about the settlement agreement's net salvage rate adjustments for Power Production Plant accounts, particularly the removal of archaeological reconnaissance costs from decommissioning estimates. This led to significant reductions in costs for Mersey, Tusket, and Wreck Cove hydro systems compared to Gannett Fleming's study. The Boreas archaeology report outlines the assumed archaeological reconnaissance for all systems.
3.4.2.1 Findings [202] John Wiedmayer, of Gannett Fleming, and Mr. Madsen agree that ELG and ALG are both acceptable and appropriate procedures to determine depreciation expense. They also agree that both procedures require the use of sign...
AI summary John Wiedmayer and Mr. Madsen agree that ELG and ALG are both valid depreciation methods with equivalent total recovery over an asset's life. They note ALG's prevalence in the U.S. and ELG's growing use in Canada, citing denied conversion requests in Manitoba, Ontario, and other jurisdictions. ALG's simplicity and ELG's computational ease are highlighted as factors influencing adoption.
count 367 Underground Conductors and Devices: In its next depreciation study, NS Power should explain the proposed life and why that life is appropriate considering NS Power's facts and circumstances. • Account 390.10 – Structures and Impr...
AI summary The Board directs NS Power to provide detailed asset life data, management notes, IRP documents, and peer analysis in its next depreciation study. Recommendations include disclosing asset retirement dates, reconciling depreciation lives with IRP proposals, and including detailed studies. NS Power agrees to these requirements.
3.4.4 Amortization Accounting for General Plant Assets [256] NS Power has proposed the use of amortization accounting for certain General Plant accounts that represent numerous units of property, but a very small portion of depreciable ele...
AI summary NS Power proposes amortization accounting for specific General Plant accounts with small depreciable values, using periods like 5-20 years. This method aligns with practices of other utilities and FERC guidelines. Amortization would retire vintaged assets, offset by reserve imbalance charges amortized over 5 years. Regulatory approval is sought, citing precedents from Newfoundland Power, BC Hydro, and FERC Accounting Release 15.
directs NS Power to file an updated depreciation study with its next general rate application. The Board expects that this depreciation study will address, but not be limited to, the following issues: - Depreciation expense and rate base i...
AI summary The Board directs NS Power to submit an updated depreciation study with its next general rate application, addressing issues like depreciation-rate base interaction, asset service lives, peer comparisons, and ALG/ELG analysis. The Board approves current asset service lives but requires addressing Mr. Madsen's recommendations and providing detailed documentation. Amortization accounting is approved for specific General Plant accounts.
3.5 Regulatory Deferrals
AI summary The section '3.5 Regulatory Deferrals' outlines a regulatory proceeding involving Nova Scotia utility and energy entities. Key acronyms and organizations are listed, including Nova Scotia Power Inc. (NSP), the Nova Scotia Utility and Review Board (NSUARB), and the Nova Scotia Energy Board (NSEB), indicating involvement in energy regulation and cost recovery mechanisms.
o longer earn a return on the assets. Further, since the debt associated with the assets has been removed from the balance sheet, the securitization results in improved credit metrics for the utility. [283] There are a few steps to impleme...
AI summary The text outlines the securitization process for utility assets, emphasizing its benefits in improving credit metrics by removing debt from the balance sheet. Key steps include legislative authorization, regulatory financing orders, and creating a charge for bondholders. NS Power's case involves complex corporate structures and regulatory approvals, referencing prior matters like 2024 NSUARB 67.
s related to these assets are already embedded in existing rates. [327] The Board accepts PHP's description of the problem and why it must deny NS Power's request to retroactively apply the deferral: Effectively, NS Power is asking to reco...
AI summary The Board denies NS Power's request to retroactively apply a deferral for securitized assets, arguing it would allow premature cost recovery before new rate approvals. PHP contends this would increase customer costs and undermine rate structure fairness. NS Power claims existing rates are insufficient due to caps, but the Board emphasizes NS Power's responsibility to file timely GRAs.
3.5.1.3.1 Findings [334] Based on the evidence of NS Power and Doane Grant Thornton, the Board finds it appropriate to approve the EIFEL deferral.
AI summary The Board approves the EIFEL deferral based on evidence from NS Power and Doane Grant Thornton. Key entities involved include NS Power, Doane Grant Thornton, and the Nova Scotia Utility and Review Board, with the primary focus on managing excessive interest and financing expenses.
3.6.2.1 Findings [374] The Board notes that Undertaking U-64 in the 2023-2024 GRA referred to the forecast NSP Maritime Link Incorporated surplus energy purchases. While not specifically defined, the Board agrees that, in the context of th...
AI summary The Board approves the inclusion of NS Power's Maritime Link transmission projects in the rate base, defining 'surplus energy' to include both EAA and bilateral market energy. Inclusion is effective only going forward, with no recovery of prior depreciation. The Board notes customer benefits from Newfoundland and Labrador Hydro's surplus energy but cautions that EAA compliance may require focusing solely on EAA-transacted energy.
he Department submits that, at least as early as 2016, NS Power knew that its coal assets must be retired by 2030 but did not take this into consideration when valuing its assets. The Department said: In the 2022 GRA, the Department submit...
AI summary The Department of Energy argues that NS Power failed to account for mandatory coal plant retirements by 2030 in asset valuations, leading to improper ratepayer cost allocation. Regulatory standards require impairment write-downs for probable early retirements, which NS Power allegedly ignored despite clear federal and provincial policies. The 2020 Integrated Resource Plan's 2040 phase-out target is also criticized as inconsistent with 2016 federal legislation.
uation, every public utility shall report correctly to the Board changes in its property and file with the Board copies of all contracts for changes and improvements at the time the same are executed. [385] In its reply submissions, NS Pow...
AI summary NS Power argues for a 'fair return' based on the regulatory compact, citing historical and recent legal precedents. It proposed accelerated depreciation for generation units due to environmental regulations but faced opposition over retirement dates. A settlement agreement resolved disputes, lowering rates in the next general rate application.
Cost Allocation Concept This concept recognizes the original cost of the asset as a prepaid expense. As such, it must be allocated to specific accounting periods and realized on income statements during the time the asset is providing serv...
AI summary The cost allocation concept treats asset costs as prepaid expenses, allocated over their useful life via depreciation. Depreciation records asset usage but doesn't guarantee investment recovery, which depends on revenue adequacy. The principle ensures matching expenses with revenues, with net book value reflecting asset value less depreciation.
Property, Plant and Equipment Property, plant and equipment ("PP&E") are recorded at original cost, including allowance for funds used during construction ("AFUDC") or capitalized interest, net of contributions received in aid of construct...
AI summary The document outlines the accounting treatment for Property, Plant and Equipment (PP&E), including capitalization of costs, depreciation methods, and regulatory approvals for service lives. Intangible assets are amortized using straight-line methods with regulatory approval. Depreciation studies are approved by the Nova Scotia Utility and Review Board (UARB).
Summary and Conclusion - [60] To summarize, the issue is where the losses resulting from forces of nature should fall: on the utility's consumers or on the utility's shareholders: - (a) In legal terms the issue is where a just and reasonab...
AI summary The issue centers on allocating losses from natural forces between consumers and shareholders. The Commission has discretion under the Electric Utilities Act , not determined by prior cases. Utilities ceased buying insurance, implying consumer self-insurance. The answer hinges on the Commission's interpretation of the Act, not on property law or anticipated losses.
3.6.3.1.3 The Requirement for Prudence [429] Prudence is, of course, always a consideration. The language used in s. 30(2) of the Public Utilities Act is not simply "original cost" but "prudent original cost". A utility is entitled to the...
AI summary The regulatory proceeding discusses the legal requirement for prudence in utility cost recovery under the Public Utilities Act. The Board emphasizes that costs must be 'prudent original cost,' with a presumption of prudence for Nova Scotia Power Inc. (NSPI) that can be rebutted using hindsight. Disagreements arise over applying these principles in Fuel Adjustment Mechanism (FAM) audits, particularly regarding thresholds for rebutting prudence and whether human error constitutes imprudence.
the coal generation assets but recommended that NS Power be allowed to recover the unamortized balances of the coal assets only where the Board has determined those costs have been prudently incurred:
AI summary The Board recommended that NS Power can recover unamortized coal asset balances only if the costs were prudently incurred, emphasizing prudent cost determination for recovery.
- [445] This test was more recently accepted by the Supreme Court of Canada in Ontario (Energy Board) v Ontario Power Generation Inc. , 2015 SCC 44: - 15 This Court has had the occasion to consider the meaning of similar statutory language...
AI summary The text discusses the legal principle of 'fair return' for utilities, emphasizing that regulated utilities must recover operating and capital costs to maintain operations and attract investment. It cites Supreme Court of Canada and Federal Court of Appeal rulings affirming this requirement, noting that failure to recover costs harms both shareholders and customers.
3.7.5 Findings [511] It bears repeating that for at least a century, the Supreme Court of Canada has recognized that investors in regulated utilities are entitled to a fair return that is comparable to the return they would see from other...
AI summary The Supreme Court of Canada has long upheld that regulated utility investors deserve a fair return comparable to similar investments. Factors like comparable returns and financial integrity are key in setting allowed returns, while affordability and reliability are addressed through other regulatory tools. The NSUARB's 2005 decision on NS Power's rate request followed a major winter storm, highlighting regulatory considerations during crises.
y Canadian CFOs, as mentioned earlier. Thus, the BYPRP approach accounts for interactions between company debt costs and equity markets, and as such it is intuitively sound. [Exhibit N-32, pp. 74-75] [516] Dr. Cleary gives equal weighting...
AI summary The analysis discusses Dr. Cleary's use of three equally weighted approaches to estimate allowed Canadian equity returns. Concentric emphasizes that no single model can precisely determine ROE, advocating for multiple methodologies and informed judgment. Other Canadian regulators (BCUC, OEB, AUC) also endorse using multiple approaches for determining fair ROE.
Q. Considering the consensus agreement in this GRA, what do you recommend regarding the Company's COSS methods? A. While I do not support several of the Company's COSS methodologies, particularly the use of the minimum system method for cl...
AI summary The respondent acknowledges a settlement agreement in the GRA but opposes certain COSS methods, advocating for their revision in future proceedings. Renewall Energy Inc. raised concerns about inconsistencies between NS Power's COSS methodologies and OATT charges.
rs in subsequent proceedings. I would expect that we do get some value out of what we just went through, but certainly the Minimum System is one that was identified as being for further consideration. - Q. Okay. And so back to Ms. Palmer's...
AI summary The text discusses a debate over whether additional cost-of-service methods should be included in the 2026 filing under the Settlement Agreement. Nova Scotia Power (NSP) disagrees with including them in the 2026 filing but supports future consideration in full studies. Port Hawkesbury Paper (PHP) endorses NSP's position, emphasizing the need for regulatory certainty.
7th percentile usage of Reactive Power from generation. [658] The 2023-2024 GRA (M10431) Board Order included the following directives regarding the OATT and capacity-based ancillary services (CBAS): - To explore options with Northern Powe...
AI summary The 2023-2024 GRA (M10431) Board Order directed NS Power to address OATT and CBAS issues, including interruptible load treatment, -16 MW requirements, Wreck Cove reserve calculations, and CT unit exclusion. NS Power responded by incorporating changes based on its review. Ancillary Services are critical for transmission reliability, with OATT requiring NS Power to ensure availability to all customers.
3.10.2.1 Findings [680] The Board has several concerns with NS Power's request to implement AMI opt-out fees at this time. Based on the responses provided during the hearing, it appears that meter reader costs associated with opt-out meter...
AI summary The Board rejects NS Power's request to implement AMI opt-out fees due to insufficient cost delineation, questionable assumptions in cost projections, and reluctance to consider self-reporting alternatives. Concerns include inadequate justification for projected cost increases and failure to explore technological solutions for verifying customer readings.
3.10.3 Revised Fees and Regulations [685] In its application, NS Power proposed revisions to its Schedule of Charges, such as for connection, reconnection, returned cheques, installation of recording equipment, contribution for three-phase...
AI summary NS Power proposed revisions to its Schedule of Charges, including connection, reconnection, and pole attachment fees, among others. The Board approved these revisions, contingent on prior findings regarding the AMI opt-out fee.
oposed framework will allocate 100% of the DSM costs to classes in accordance with DSM program spending. This is intended to align with feedback and the recent COSS. In Matter M12521, NS Power stated: NS Power is proposing to amend the all...
AI summary NS Power proposes amending the DSM Rider to allocate 100% of DSM costs to rate classes based on program spending, removing the 25% system benefit allocation. This aligns with stakeholder feedback, the recent COSS, and aims to simplify cost-of-service treatment while aligning with other jurisdictions, as detailed in the Elenchus Report.
4.2.1 Findings [701] As noted above, the 2026 and 2027 values for the SCRR rider are zero. The proposed amendments are expected to correct the unbalanced asymmetrical nature of the current version of the rider. The amendments should also m...
AI summary The Board approves proposed amendments to the SCRR rider for 2026-2027, aiming to correct its unbalanced asymmetrical nature and reduce administrative burden by eliminating small refund applications. The pilot program is endorsed to streamline processes and improve efficiency.
ocesses. But appreciate the point again that there's much more data that's associated with this and how those are assigned to our specific asset classes. [Transcript, January 12, 2026, pp. 1030-1031] [705] Hydro-Québec's Climate Change Ada...
AI summary The document compares Hydro-Québec's Climate Change Adaptation Plan (2022-2024) with NS Power's approach. Hydro-Québec's plan includes two phases: risk identification and action areas with adaptation measures. NS Power acknowledges a comparable first phase but claims its plan lacks the second phase's detailed information, asserting that such data resides in its climate adaptation management system and database.
4.3.1 Findings [707] The fact that NS Power compiles and analyzes climate data and uses this information in its asset management systems is positive. However, NS Power's Climate Change Adaptation Plan is more of a process than a plan per s...
AI summary The Board finds NS Power's Climate Change Adaptation Plan insufficient as it lacks transparency, stakeholder consultation, and detailed climate impact analysis. They direct a revision by October 1, 2026, incorporating elements like climate impact descriptions and adaptation measures.
is forecast to provide in the test period. It recommended that the proposed large increase in sustaining capital costs for Lingan 2 "be supplemented with additional narrative support" by the company. [715] In response to questions from Boa...
AI summary NS Power seeks to refurbish Lingan Unit 2 due to safety concerns, requesting additional narrative support for increased sustaining capital costs. The company cites NERC and NPCC requirements for system capacity and customer load service. Refurbishment delays risk consequential damages, and capital costs are not automatically approved with the GRA.
4.4.1 Findings [720] NS Power's firm capacity requirements in advance of 2030 continue to be the subject of review in several matters considered by the Board, including the Evergreen IRP Action Plan and Roadmap Update, the 10-Year System O...
AI summary The Board approves OM&G costs for Lingan 2 and Trenton 5 to ensure reliable service and NERC/NPCC compliance. NS Power's capacity requirements are under review in multiple proceedings, excluding Lingan 2's sustaining capital costs, which will be addressed in another matter (M12619). Key documents include the Evergreen IRP Action Plan and 10-Year System Outlook Report.
5.0 SUMMARY OF MAJOR FINDINGS AND DIRECTIVES [733] The Board approves most components of the settlement agreement, subject to its findings below that amend the application. The following are approved:
AI summary The Board approves most components of the settlement agreement but requires amendments based on its findings. Key focus is on approving the agreement while modifying the application to align with regulatory requirements.
[741] An Order will issue following the compliance filing. DATED at Halifax, Nova Scotia, this 25th day of March 2026. Stephen T. McGrath ______________________________ ______________________________ ______________________________ Roland A...
AI summary An order will be issued following a compliance filing, dated March 25, 2026, in Halifax, Nova Scotia. The document includes signatures from Stephen T. McGrath, Roland A. Deveau, and Steven M. Murphy, indicating their involvement in the regulatory proceeding.
101354Board Decision
47 passages
SWEB DEVELOPMENT Mason Baker BOARD COUNSEL: William L. Mahody, K.C. HEARING DATE(S): January 7-13, 2026 FINAL SUBMISSIONS: February 6, 2026 DECISION DATE: March 25, 2026 DECISION: The application is approved as amended by the Board. The re...
AI summary The Board approved Mason Baker's application as amended, with revised rates to be confirmed via a compliance filing. The hearing occurred January 7-13, 2026, with final submissions on February 6, 2026, and a decision on March 25, 2026.
1.0 SUMMARY - [1] The Nova Scotia Energy Board is keenly aware that electricity rates are already challenging for many customers, and any rate increase will be difficult, especially for those with low or fixed incomes. However, the Board d...
AI summary The Nova Scotia Energy Board cannot set special rates for low-income customers due to legal constraints under the Public Utilities Act . NS Power filed a GRA proposing rate increases (1.8% in 2026, 2.4% in 2027) with variations across customer classes. The Board must allow recovery of prudent costs, and NS Power's application was supported by a settlement agreement filed in November 2025.
Powers and duties - 5 (1) The Energy Board has those functions, powers and duties that are conferred or imposed upon it - (a) by this Act; - (b) by the More Access to Energy Act ; - (c) respecting the production, transmission, delivery or...
AI summary The Energy Board's powers and duties are derived from multiple legislative acts, including the More Access to Energy Act and Public Utilities Act, as well as regulations set by the Governor in Council. The Governor in Council may also assign responsibilities to the Energy Board, discontinuing other boards or agencies during the assignment period.
a Scotia (Public Utilities Board) v Nova Scotia Power Corporation , (1976) 18 NSR (2d) 692 (the Contracts Case ) is often referenced for its consideration of the scheme of regulation under the PUA : - 17 The scheme of regulation establishe...
AI summary The Contracts Case (1976) 18 NSR (2d) 692 establishes that Nova Scotia's Public Utilities Board must regulate utilities to ensure rates are 'just, reasonable, and sufficient' while providing 'adequate' service under the PUA . Key provisions include §42(1), allowing the Board to determine annual returns based on a rate base, and §48 requiring utilities to provide 'reasonably safe and adequate' service.
CRITERIA OF A SOUND RATE STRUCTURE - 1. The related, "practical" attributes of simplicity, understandability, public acceptability, and feasibility of application. - 2. Freedom from controversies as to proper interpretation. - 3. Effective...
AI summary The document outlines seven criteria for a sound rate structure, emphasizing simplicity, revenue stability, fairness, and efficiency. It references James Bonbright's principles and cites legal precedents, including the Public Utilities Act and the Supreme Court of Canada's Vavilov decision, to guide regulatory assessment.
competition in two ways. It sets an unrealist benchmark of posted retail rates for comparison purposes, and it creates an ongoing fuel liability for customers looking to leave NSPI bundled service. … REI respectfully requests that the Boar...
AI summary REI requests NSPI to improve fuel cost forecasting accuracy and adhere to the FAM POA for recovering fuel overages annually. NS Power argues compliance with the POA and bi-annual audits by Bates White validate their forecasting methods.
3.2.2.3 Findings [67] NS Power is directed to make the change to s. 3.2.8 of the FAM POA discussed in NSEB IR-33. The Board approves NS Power's other proposed amendments to the FAM POA and to the FAM Tariff. [68] As noted above, the Board...
AI summary The NS Power is required to amend section 3.2.8 of the FAM POA as outlined in NSEB IR-33, with other amendments approved. The Board rejects the Fuel Manual and Hedging Plan, reiterating NS Power's responsibility for prudent fuel management.
3.3.2 Executive Compensation [108] The Public Utilities Act prohibits NS Power from recovering bonuses and incentives paid to an executive employee. Other remuneration may only be recovered as prescribed by regulation: - 64B (8) Nova Scoti...
AI summary The Public Utilities Act prohibits NS Power from recovering executive bonuses and incentives, while other remuneration may be recovered if prescribed by regulation. The Nova Scotia Power Incorporated Regulations (NS Reg 231/2012) outline permissible recovery of executive compensation.
Salary and compensation recoverable from rates, charges or fees 3 For the purpose of subsection 64B(8) of the Act, Nova Scotia Power Incorporated may recover the following remuneration from its rates, charges or fees approved by the Board:...
AI summary Nova Scotia Power Inc. (NSP) may recover executive compensation from rates, charges, or fees under subsection 64B(8) of the Act. The regulations reference a revised Senior Officials Pay Plan (Order in Council 2023-138), which replaced the previous plan (Order in Council 2007-85). NSP calculates CEO compensation as 10% above the new plan's maximum, while other executives are capped at 100% compa-ratio plus 13% benefits.
Repeal and substitution by amendment or revision - 24 (1) Where an enactment is repealed and other provisions are substituted by way of amendment, revision or consolidation, - (b) a reference, in an unrepealed enactment to the repealed ena...
AI summary The Nova Scotia Utility and Review Board (NSUARB) addresses the repeal of NS Power's old pay plan and substitution with a new one. The new plan allows CEO remuneration exceeding Deputy Ministers' maximum pay, conflicting with prior intent. The Board permits 100% of the SO5 scale for the CEO but mandates a 10% differential for other executives until regulatory amendments.
3.4.1.1.1 Production Plant [142] As it relates to its generation assets, NS Power's depreciation study requires it to estimate the future cost of decommissioning its generation sites, as depreciation rates are generally set to recover the...
AI summary NS Power's depreciation study for generation assets includes decommissioning cost estimates, with the GRA settlement agreement removing inflation and contingency costs, leading to lower depreciation rates. Certain hydro systems' decommissioning costs are excluded from customer rates to balance cost recovery and rate pressure, with studies conducted by firms like Stantec and Hatch Ltd.
3.4.1.1.2 Transmission, Distribution and General Plant [148] Gannett Fleming's net salvage estimates for transmission, distribution and general Plant accounts were based in part on historical data compiled for the years 1993 through 2023....
AI summary Gannett Fleming's net salvage estimates for NS Power's transmission and distribution assets relied on historical data and management insights. The GRA settlement agreement reduced salvage rates for specific accounts (e.g., Transmission Towers, Distribution Conductors), lowering NS Power's proposed depreciation rates. Historical data from 1976-1992 provided limited probative value due to aggregated reporting.
3.4.1.2 Estimated Average Asset Service Lives [151] Key elements influencing the determination of depreciation expense are average asset service lives and survivor curves. Survivor curves (also referred to as Iowa curves) are a series of c...
AI summary The section discusses the use of survivor curves to estimate asset service lives for depreciation calculations. The GRA settlement agreement extended service lives for two accounts, reducing depreciation rates. Mr. Madsen disputed the recommended survivor curve for Account 353, proposing an alternative curve while agreeing with the curve for Account 390.10.
lti-stakeholder framework for determining whether, when, or how full or partial decommissioning of hydro facilities should occur, nor who would ultimately bear responsibility. NS Power further stated: … NS Power views the present proceedin...
AI summary NS Power proposes a structured approach to address hydro decommissioning, emphasizing stakeholder engagement and regulatory oversight. The Board agrees, directing NS Power to initiate stakeholder discussions, file regular updates, and include decommissioning costs in future rate applications if needed. The process aims to ensure transparency and coordination in addressing hydro asset decommissioning impacts.
3.4.2.1 Findings [202] John Wiedmayer, of Gannett Fleming, and Mr. Madsen agree that ELG and ALG are both acceptable and appropriate procedures to determine depreciation expense. They also agree that both procedures require the use of sign...
AI summary John Wiedmayer and Mr. Madsen agree that ELG and ALG are both valid depreciation methods, yielding equivalent total depreciation over an asset's life. They note ALG's prevalence in the U.S. and ELG's adoption in Alberta/Newfoundland, with modern computing easing ELG calculations. ALG remains common in Prince Edward Island via Maritime Electric.
count 367 Underground Conductors and Devices: In its next depreciation study, NS Power should explain the proposed life and why that life is appropriate considering NS Power's facts and circumstances. • Account 390.10 – Structures and Impr...
AI summary The Board directs NS Power to provide detailed asset lifespan data, management notes, IRP reconciliations, and peer analysis in its next depreciation study. Recommendations include disclosing asset retirement dates and aligning depreciation lives with IRP documents, supported by NS Power witnesses and Mr. Madsen's input.
3.4.4 Amortization Accounting for General Plant Assets [256] NS Power has proposed the use of amortization accounting for certain General Plant accounts that represent numerous units of property, but a very small portion of depreciable ele...
AI summary NS Power proposes using amortization accounting for specific General Plant accounts with numerous small-value assets, citing industry precedents and FERC approval. The approach involves 5-20 year amortization periods for items like computer equipment and furniture, with reserve imbalances amortized over 5 years. The method aligns with practices at utilities like BC Hydro and Newfoundland Power, supported by Gannett Fleming's depreciation study.
o longer earn a return on the assets. Further, since the debt associated with the assets has been removed from the balance sheet, the securitization results in improved credit metrics for the utility. [283] There are a few steps to impleme...
AI summary Securitization of assets improves credit metrics by removing debt from the balance sheet. Key steps include legislative authorization, a financing order, and creating a charge/pledge for bondholders. NS Power must address corporate structure issues and credit rating considerations, as outlined in prior regulatory matters.
322] As noted above, the approval of the potential securitization is not before the Board in this application. Whether securitization ultimately proceeds is a policy matter for the Province to decide. [323] NS Power requested the deferral...
AI summary The NS Power requested a deferral account for potential securitization of coal plant assets, but the Province is not currently supporting securitization. The Board approves the deferral account, finding that depreciation and financing costs should be deferred as they relate to assets used in test years. The Province's hesitation stems from concerns about asset valuation.
3.5.1.3.1 Findings [334] Based on the evidence of NS Power and Doane Grant Thornton, the Board finds it appropriate to approve the EIFEL deferral.
AI summary The Board approves the EIFEL deferral based on evidence from NS Power and Doane Grant Thornton. This decision relates to managing excessive interest and financing expenses within the regulatory framework.
3.5.1.4 PHP Deferral [335] PHP currently takes service from NS Power under the Extra Large Industrial Active Demand Control (ELIADC) tariff, which is a Below-the-Line (BTL) tariff. The costof-service study supporting this general rate appl...
AI summary PHP currently uses NS Power's ELIADC BTL tariff, but a GRA assumed an ATL tariff by 2026. NS Power extended ELIADC until 2026 (M12184) and applied for a successor ELID ATL tariff (M12661), with PHP expected to switch by 2027. The GRA included ADC service recovery and interruptible credits for ATL customers.
prohibition against retroactive ratemaking, it is beneficial for the Board to have some flexibility to address extraordinary or novel situations by relaxing the rule against retroactive ratemaking so that the interests of both the utility...
AI summary The document discusses the Nova Scotia Utility and Review Board's consideration of retroactive ratemaking flexibility, referencing the Hurricane Fiona Decision's criteria for extraordinary expenses. It concludes that current GRA-related expenses do not meet exceptions for retroactive adjustments, as they were foreseeable and not significant. The Board emphasizes balancing utility and ratepayer interests without enabling frequent rate changes.
3.6.2.1 Findings [374] The Board notes that Undertaking U-64 in the 2023-2024 GRA referred to the forecast NSP Maritime Link Incorporated surplus energy purchases. While not specifically defined, the Board agrees that, in the context of th...
AI summary The Board agrees that 'surplus energy' includes both EAA and bilateral market-priced energy, allowing NS Power to include Maritime Link projects in rate base via U-24 and U-25. Inclusion is go-forward only, with no recovery of past depreciation. The Board also notes customer benefits from Nalcor's surplus energy, though EAA compliance may require distinguishing between EAA and bilateral arrangements.
he Department submits that, at least as early as 2016, NS Power knew that its coal assets must be retired by 2030 but did not take this into consideration when valuing its assets. The Department said: In the 2022 GRA, the Department submit...
AI summary The Department argues that NS Power failed to write down coal assets by 2030, leading to ratepayer costs, and the 2020 Integrated Resource Plan contradicted federal policy. Regulatory standards require impairment when early retirement is probable, yet NS Power did not adjust valuations despite clear legislative mandates.
Duty of utility to furnish information - 33 (1) Every public utility shall furnish to the Board from time to time, and as the Board may require, maps, profiles, contracts, reports of engineers and other documents, records and papers, or co...
AI summary The section outlines the duty of public utilities to provide information to the Board for valuation purposes, including maps, contracts, and reports, and to report changes in their property. The Board must keep informed of changes and revise valuations accordingly.
ll be used to determine rates and the revenue derived from rates will inform the value of the rate base). [403] Bonbright notes that out of this criticism sprung the cost-based approach to valuation: Impressed with the force of the vicious...
AI summary The text discusses Bonbright's argument for a cost-based approach to rate base valuation, emphasizing administrative efficiency and capital access. It critiques value-based approaches as flawed, advocating instead for original cost rate bases to avoid circularity in rate-making and ensure fair return standards.
Cost Allocation Concept This concept recognizes the original cost of the asset as a prepaid expense. As such, it must be allocated to specific accounting periods and realized on income statements during the time the asset is providing serv...
AI summary The cost allocation concept treats asset costs as prepaid expenses, allocating them over accounting periods to match expenses with revenues. Depreciation records asset usage but does not automatically recover investment unless revenues cover expenses. The text emphasizes the importance of verifiability and neutrality in accounting and references NARUC's 2021 publication on depreciation.
Property, Plant and Equipment Property, plant and equipment ("PP&E") are recorded at original cost, including allowance for funds used during construction ("AFUDC") or capitalized interest, net of contributions received in aid of construct...
AI summary The document outlines accounting practices for Property, Plant and Equipment (PP&E), including cost recording, depreciation methods, and regulatory approvals. PP&E are recorded at original cost, with depreciation determined via straight-line methods based on service lives approved by the UARB. Intangible assets are amortized similarly, requiring regulatory approval. References to [M11090, Exhibit N-1, Attachment 2, p. 13] are included.
ttps://www.canlii.org/en/commentary/doc/2024CanLIIDocs3091?searchId=2026-02-23T13:50:24:001/a0a9643dde1b492e946f84b2ea38d343&resultId=9afc1731afa4497c82ddc0deb60bac70&zoupio-debug#page-30) and stated: To the extent that costs transferred t...
AI summary The document discusses the recovery of undepreciated costs through the Decarbonization Deferral Account (DDA) when government funding is absent, emphasizing the need for flexible approaches to address energy transition costs. It affirms the NSUARB's decision to use DDA, aligning with Canadian regulatory principles and the Alberta Court of Appeal's ruling on utility cost recovery.
3.6.3.1.3 The Requirement for Prudence [429] Prudence is, of course, always a consideration. The language used in s. 30(2) of the Public Utilities Act is not simply "original cost" but "prudent original cost". A utility is entitled to the...
AI summary The requirement for prudence in utility cost recovery under the Public Utilities Act emphasizes that costs must be 'prudent original cost,' not merely original cost. The Nova Scotia Utility and Review Board (NSURB) references prior decisions, including principles from the Industrial Group, which outline a presumption of prudence for utilities like NS Power. Disagreements arose over applying these principles in FAM audits, particularly regarding rebutting the presumption and defining imprudence.
[431] The Board went on to find: [42] In summary, the Board finds that the threshold for rebutting the presumption of prudence is contextual. It requires a reasonable question – something that is more than a bald statement or speculation –...
AI summary The Board clarifies that the presumption of prudence can be rebutted with reasonable questions, not just speculation, in FAM Audits. The Department of Natural Resources and Renewables (NRR) argues NS Power's prudence may be flawed due to low depreciation rates on retiring coal assets and unnecessary investments ahead of retirements.
l-recognized and long-standing legal standard the Board must follow when approving a utility's return on its invested capital. A century ago, the Supreme Court of Canada described the test as follows: 18 The duty of the Board was to fix fa...
AI summary The text outlines the legal standard for fair return on invested capital, citing the Supreme Court of Canada's 1929 decision that rates must balance consumer fairness and company returns equivalent to other investments. The court emphasized that a fair return should mirror returns from comparable securities, ensuring neither overcharging consumers nor undercompensating the utility.
3.7.5 Findings [511] It bears repeating that for at least a century, the Supreme Court of Canada has recognized that investors in regulated utilities are entitled to a fair return that is comparable to the return they would see from other...
AI summary The Supreme Court of Canada emphasizes that regulated utilities must offer investors a fair return comparable to similar investments to ensure operational sustainability. Factors like comparable returns and financial integrity are key, while affordability and reliability are addressed through other regulatory tools. The NSUARB's 2005 decision on NS Power's rate request is referenced, influenced by a 2004 winter storm and Premier John Hamm's review request.
y Canadian CFOs, as mentioned earlier. Thus, the BYPRP approach accounts for interactions between company debt costs and equity markets, and as such it is intuitively sound. [Exhibit N-32, pp. 74-75] [516] Dr. Cleary gives equal weighting...
AI summary The analysis discusses the BYPRP approach to Return on Equity (ROE), which considers interactions between debt costs and equity markets. Dr. Cleary's method uses equal weighting of three approaches, while Concentric emphasizes the need for multiple models and informed judgment. Other regulators (BCUC, OEB, AUC) support using multiple methodologies for fair ROE determination.
3.7.5.2 Capital Structure [560] NS Power proposed to maintain its capital structure of 40% equity and 60% debt. This request was supported by its expert witness Concentric (which considered 45% would be appropriate), Board Counsel consulta...
AI summary NS Power proposed maintaining a 40% equity/60% debt capital structure, supported by Concentric, Dr. Cleary, and settlement agreement signatories. No opposition was raised, and the Board approved the proposal.
w they receive service from the utility. Other differences, such as a customer's ability to pay, cannot be used to establish rates in Nova Scotia (based on the legislation as it is currently written): - [23] DLA's factum said that low inco...
AI summary The text discusses legal interpretations of Nova Scotia's rate-setting laws under section 67(1) of the Public Utilities Act (PUA). It addresses whether income disparities justify differing rates for low-income customers, with the Nova Scotia Utility and Review Board (NSURB) emphasizing that service similarity—not income—determines rate equity. DLA's initial argument was rejected, as the Board affirmed that equal charges are mandatory for similar service, regardless of income.
Radial to Generation NS Power proposes that radial-to-generation assets, as defined under the OATT, be re-functionalized from transmission to generation in the cost-ofservice study for consistent treatment of these assets under the transmi...
AI summary NS Power proposes reclassifying radial-to-generation assets from transmission to generation in the cost-of-service study to ensure consistent treatment under transmission pricing methodologies, align with North American utilities, and adhere to FERC's pro forma OATT design.
aining cost of the secondary distribution system is a cost which varies continuously (and, perhaps, even more or less directly) with the maximum demand imposed on the system as measured by peak load. But if the hypothetical costs of a mini...
AI summary The text discusses the classification of minimum system costs, arguing they are unallocable as they don't fit into demand or customer cost categories. It critiques FERC's approach and Sterzinger's (1981) recommendation to classify distribution costs as demand costs, noting both methods are nonassignable. The debate centers on cost-allocation methodologies in utility regulation.
3.9 Rate Design [644] In its application, NS Power did not propose to introduce new concepts or materially change the design of any of its rates. The parties to the settlement agreement accepted the changes to tariff language and the updat...
AI summary NS Power did not propose new rate concepts or significant changes to rate design in its application. The settlement agreement parties accepted proposed tariff language updates and charge adjustments. Other parties did not raise concerns about these changes in evidence or submissions. The Board accepts these items as filed unless otherwise directed.
7th percentile usage of Reactive Power from generation. [658] The 2023-2024 GRA (M10431) Board Order included the following directives regarding the OATT and capacity-based ancillary services (CBAS): - To explore options with Northern Powe...
AI summary The 2023-2024 GRA (M10431) Board Order directed NS Power to address OATT and CBAS issues, including interruptible load treatment, -16 MW Automatic Generation Control requirements, Wreck Cove reserve calculations, and CT unit exclusion. NS Power responded to these directives, and the text explains Ancillary Services' role in transmission reliability and OATT obligations.
3.10.2.1 Findings [680] The Board has several concerns with NS Power's request to implement AMI opt-out fees at this time. Based on the responses provided during the hearing, it appears that meter reader costs associated with opt-out meter...
AI summary The Board rejects NS Power's request to implement AMI opt-out fees, citing insufficient cost delineation, questionable forecasts (e.g., 20x increase in customer care costs), and reluctance to adopt self-reporting options for opt-out customers. NS Power's dismissal of self-reporting is challenged, as existing practices (e.g., accepting photo readings) contradict claims of feasibility issues. The Board directs NS Power to address these concerns in a compliance filing.
3.10.3 Revised Fees and Regulations [685] In its application, NS Power proposed revisions to its Schedule of Charges, such as for connection, reconnection, returned cheques, installation of recording equipment, contribution for three-phase...
AI summary NS Power proposed revisions to its Schedule of Charges, including connection, reconnection, and other fees. The Board approved these revisions, except for the AMI opt-out fee, which is subject to prior findings.
is forecast to provide in the test period. It recommended that the proposed large increase in sustaining capital costs for Lingan 2 "be supplemented with additional narrative support" by the company. [715] In response to questions from Boa...
AI summary NS Power requested approval for sustaining capital costs for Lingan Unit 2, citing safety and compliance needs. The Board requested additional narrative support, with NS Power explaining reliance on asset management techniques and delayed refurbishment. Refurbishment is deemed necessary to avoid consequential damages, with costs separate from the proposed General Rate Application (GRA). NERC and NPCC requirements justify coal unit retention.
4.4.1 Findings [720] NS Power's firm capacity requirements in advance of 2030 continue to be the subject of review in several matters considered by the Board, including the Evergreen IRP Action Plan and Roadmap Update, the 10-Year System O...
AI summary The Board reviews NS Power's capacity requirements and approves OM&G costs for Lingan 2 and Trenton 5 due to reliability and compliance with NERC/NPCC. Sustaining capital costs for Lingan 2 are addressed in another proceeding, with the 2026 ACE Plan matter (M12619) noted as a future submittal.
4.5 Rate Setting – Alternative Form of Regulation [723] In its closing submissions the Nova Scotia Liberal Caucus urged the Board to exercise its statutory authority to move Nova Scotia toward a five-year rate plan that delivers stability,...
AI summary The Nova Scotia Liberal Caucus advocates for a five-year rate plan under the amended Public Utilities Act, enabling the Energy Board to use alternative regulation methods. The 2024 amendment allows rate-setting based on techniques deemed appropriate by the Energy Board, aligning with definitions in the Energy and Regulatory Boards Act.
5.0 SUMMARY OF MAJOR FINDINGS AND DIRECTIVES [733] The Board approves most components of the settlement agreement, subject to its findings below that amend the application. The following are approved:
AI summary The Nova Scotia Utility and Review Board approves most components of a settlement agreement, subject to amendments. The approval is conditional on the Board's findings, which modify the application. Key aspects of the agreement are accepted, but certain elements require adjustment.
[741] An Order will issue following the compliance filing. DATED at Halifax, Nova Scotia, this 25th day of March 2026. Stephen T. McGrath ______________________________ ______________________________ ______________________________ Roland A...
AI summary An order will be issued following a compliance filing in a Nova Scotia regulatory proceeding, dated March 25, 2026. The document includes signatures from Stephen T. McGrath, Roland A. Deveau, and Steven M. Murphy, indicating formal approval or acknowledgment.