E-12027-2031 DSM Plan Application
101 passages
EfficiencyOne IN THE MATTER OF The Public Utilities Act , R.S.N.S. 1989, c.380 as amended. - and - IN THE MATTER OF An Application by EfficiencyOne for Approval of the 2027–2031 Demand-Side Management (DSM) Purchase Agreement between Effic...
AI summary EfficiencyOne seeks approval for a 2027–2031 Demand-Side Management (DSM) Purchase Agreement with Nova Scotia Power Inc., along with establishing a final agreement and approving a DSM Resource Plan under the Public Utilities Act, R.S.N.S. 1989, c.380 as amended.
Application of EfficiencyOne as Holder of the Efficiency Nova Scotia Franchise FILED WITH THE NOVA SCOTIA ENERGY BOARD March 31, 2026
AI summary EfficiencyOne seeks to hold the Efficiency Nova Scotia franchise, filed with the Nova Scotia Energy Board on March 31, 2026. The application pertains to regulatory approval for managing demand-side management (DSM) programs in Nova Scotia.
TO: The Nova Scotia Energy BOARD ("Energy Board" "NSEB") - 1. EfficiencyOne ("E1") is the holder of the Franchise issued by the Minister of Energy, effective January 1, 2025, to provide demand-side management activities to Nova Scotia Powe...
AI summary EfficiencyOne (E1) seeks approval from the Nova Scotia Energy Board (NSEB) for a five-year Demand-Side Management (DSM) Purchase Agreement with Nova Scotia Power Inc. (NS Power) covering 2027–2031. The application includes a DSM Resource Plan and requests an interim order if a final decision is delayed. The current agreement extends through 2026, and E1 asserts the proposed terms are in the public interest.
1.2 APPROVAL OF PURCHASE AGREEMENT WITH NS POWER - E1 also requests the NSEB's approval of its Purchase Agreement with NS Power, together with the - associated Performance Targets, which is attached in redline form as Appendix "D" and in c...
AI summary E1 seeks NSEB approval for a Purchase Agreement with NS Power, including Performance Targets. The agreement's terms align with previously approved DSM Plans (2016–2018, 2019, 2020–2022, 2023–2025, 2026 Extension). Appendices D (redline) and E (clean) are provided.
2. REGULATORY AND POLICY CONTEXT - The following sections set out the regulatory and policy context for the 2027–2031 DSM Plan and explain - how E1 has responded to each requirement in developing this Application.
AI summary Section 2 outlines the regulatory and policy context for the 2027–2031 DSM Plan, explaining how E1 has addressed each requirement in developing its Application.
2.1 LEGISLATION AND POLICY
AI summary This section outlines the legislative and policy framework governing energy regulation in Nova Scotia, referencing key acronyms such as DSM, PUA, NSEB, NS Power, and E1. It sets the context for subsequent regulatory discussions.
2.1.1 PUBLIC UTILITIES ACT - This Application must comply with the requirements set out in the Public Utilities Act , R.S.N.S. 1989, c. - 380 (" PUA "). An overview of these obligations is set out below. Notably, since the last multi-year...
AI summary The document outlines obligations under the Public Utilities Act (PUA) for NS Power, including demand-side management (DSM) requirements. Legislative changes via Bill 228 (2022) and Bill 6 (2025) extended DSM mandates and plan terms. NS Power must enter DSM agreements with franchise holders, while the Minister of Energy oversees franchise granting for efficiency programs.
2.1.3 COMPLIANCE WITH STATUTORY REQUIREMENTS As set out in the regulatory overview in Section 2.1 above, this Application must satisfy the requirements of the PUA and the considerations in s. 6(2) of the ERBA . E1 respectfully submits that...
AI summary E1 argues that its 2027–2031 DSM Plan complies with the PUA and ERBA by meeting statutory requirements, including cost-effectiveness and portfolio-level PAC test compliance. The Plan is deemed 'cost-effective' and 'reasonably available' per NSEB interpretations, with support from prior NSUARB decisions.
1 2.2 BOARD DIRECTIVES - 2 As always, E1 remains committed to complying with all NSEB directives. The following subsections - 3 summarize the key directives from recent NSEB decisions that are relevant to this Application. E1's - 4 detaile...
AI summary E1 reaffirms its commitment to comply with NSEB directives. Key directives from recent NSEB decisions are outlined, with E1's detailed compliance response referenced in specific sections of the Evidence document.
7 2.2.1 2023–2025 DSM PLAN DECISION 8 The following directives from the 2023–2025 DSM Plan Decision are relevant to this Application: - (a) To provide detailed plans and processes for each of its research initiatives prior to proceeding wi...
AI summary The 2023–2025 DSM Plan Decision outlines four directives for E1, including detailed planning, collaboration with NS Power, cost-effectiveness justification, and payback information. E1 is complying with these directives as part of its response to the NSEB's approval of the DSM Plan.
2.2.1.1 COMPLIANCE WITH 2023–2025 PLAN DECISION In response to the directive to provide detailed plans and processes for each of its research initiatives prior to proceeding with significant expenditures, documented and fully discussed wit...
AI summary E1 developed an Innovation Framework for 2027–2031, complying with NSUARB directives on avoided cost calculations. They incorporated updated IRP data from NS Power and addressed climate change goals through DSMAG. The NSUARB directed updates to avoided costs, with DSMAG tasked to resolve climate integration for future DSM plans.
2.2.2.1 COMPLIANCE WITH 2025 BCA DECISION - E1 has designed the 2027–2031 DSM Plan in accordance with the directives set out in the 2025 BCA Test - Decision. The specific compliance responses are summarized below. - First, E1 has used the...
AI summary E1 has designed the 2027–2031 DSM Plan in compliance with the 2025 BCA Test Decision, using the PAC test with NS Power's WACC, excluding initiatives failing to reduce both GHG and costs, and including future research on strategic electrification. E1 also provided required data to NSEB, noted NS Power's lack of long-run emissions data, and confirmed Eastward Energy's DSMAG participation.
2.2.3 2026 DSM EXTENSION DECISION - In approving E1's 2026 DSM Plan Extension, the NSEB issued the following directives relevant to this - Application: [14](#page-23-0) - (a) To continue engagement with the DSMAG on the Standardized Filing...
AI summary The NSEB approved E1's 2026 DSM Plan Extension with directives to engage DSMAG, assess program concerns, and revise mid-course adjustment processes. E1 addressed these in the 2027–2031 DSM Plan. References include Matter M12282 and NSEB Decision M12249.
1 2.2.3.1 COMPLIANCE WITH 2026 DSM EXTENSION DECISION 2 As demonstrated in Section 2.2.3, E1 has satisfied each of the 2026 Extension directives. The key 3 compliance responses are summarized below. 5 First, E1 has continued to engage with...
AI summary E1 (EfficiencyOne) asserts compliance with the 2026 DSM Extension directives by engaging with the DSMAG on the Standardized Filing Framework, revising its 'balanced plan' approach, and aligning with the NSEB's Matter M12282 decision. Adjustments include shifting from fixed investment splits to data-driven low-income support allocations, ensuring alignment with balanced plan principles.
2.3 STANDARDIZED FILING FRAMEWORK - The Standardized Filing Framework was filed with the NSUARB (as it then was), as part of a Consensus - Agreement on 2016–2018 DSM Plan Application Deferred Matters[15](#page-27-1) and was accepted by the...
AI summary The Standardized Filing Framework (SFF) was established in 2016 by the NSUARB to ensure consistency in DSM Plan applications. Recent updates, driven by the NSEB and DSMAG, aim to align the SFF with regulatory requirements and stakeholder feedback. E1 seeks NSEB approval for revised framework recommendations, which will inform future DSM Plan applications, including the 2027–2031 Application.
3.2.1 THE ROLE OF THE IRP IN ESTABLISHING THE APPROPRIATE LEVEL OF DSM ENERGY SAVINGS One of the primary planning considerations for the development of the DSM Plan is NS Power's IRP. The IRP represents the most recent, comprehensive, and...
AI summary The IRP is central to the DSM Plan, providing a stakeholder-vetted assessment of optimal resource mix for Nova Scotia's electricity needs. NS Power's 2022 IRP incorporates updated policies like GHG targets and renewable goals, with DSM energy savings levels serving as a benchmark. Key themes include decarbonization, renewables, and electrification.
3.4 SOLAR-PV - E1 submits that customer sited solar-PV falls squarely within the statutory definition of demand-side - management under section 79A(b)(v), which includes DSM activities relating to "the delivery of a - reduction in the amou...
AI summary E1 argues customer-sited solar-PV qualifies as demand-side management (DSM) under the PUA, reducing NS Power's required supply. The program targets Mi'kmaw communities to address participation barriers, align with equity goals, and support reconciliation. The 2027–2031 DSM Plan includes 200 installations (0.9% of total DSM investment) focused on these communities, with future expansion contingent on cost-effectiveness and Energy Board approval.
As a result of these findings, E1 was unable to include Strategic Electrification as a resource in its 2027– 2031 DSM Plan. E1's exclusion of strategic electrification from the 2027–2031 DSM Plan as a resource is mandated by the statutory...
AI summary E1 excluded strategic electrification from its 2027–2031 DSM Plan due to statutory requirements under the PUA, which mandate both GHG emission reductions and electricity cost savings. The NSEB’s 2025 BCA Decision reinforced this conjunctive requirement. E1 plans future research to explore cost-effective inclusion of strategic electrification in DSM Plans.
1 Figure 2: 2027–2031 DSM Preferred Plan Average Annual Expenditures
AI summary The document presents Figure 2, which outlines the average annual expenditures for the 2027–2031 DSM Preferred Plan. It is part of a regulatory proceeding in Nova Scotia, focusing on demand-side management strategies and their financial implications. The figure is referenced in the context of energy policy and utility regulation, though specific data or analysis within the text is not provided.
mpared to the actual DSM expenditures by customer class noting that these variances could result in unexpected and significant impacts on customer classes where these costs have shifted by rate class. E1 wants to clarify that the issues as...
AI summary E1 seeks to address variances between projected and actual DSM expenditures by rate class, emphasizing that mid-course adjustments (MCAs) may influence spending. The NSUARB's 2015 decision allowed E1 to adjust sector-level DSM targets by up to 25%, requiring explanations for program-level changes exceeding 25%. The Industrial Group opposed E1's request for flexibility, while E1 claims improvements will mitigate impacts on customer classes.
8.2 MID-TERM CHECK-IN - Following the 2022 amendment to the PUA extending DSM Plans from three years to five years, DSMAG - members expressed concerns regarding performance risk and oversight over the longer plan term. In - response to sta...
AI summary Following the 2022 PUA amendment extending DSM plans to five years, DSMAG raised concerns about oversight. E1 proposes a mid-term check-in process to enhance transparency and stakeholder engagement without reopening the plan, aligning with the Legislature's intent to reduce regulatory proceedings. E1 maintains existing reporting mechanisms and NSEB oversight remain intact.
8.3 OTHER REPORTING PROCESSES E1 will submit six reports annually to the NSEB, including quarterly reports (Q1-Q3), an annual progress report, annual DSM program evaluation reports, and annual audited financial statements. Over the 2027– 2...
AI summary E1 must submit 30 DSM reports to NSEB over 2027–2031, including quarterly, annual progress, program evaluation, and audited financial reports. NSEB verifies savings and allows DSMAG input. E1 will follow NSEB-approved measurement and evaluation protocols, with further details in Appendix A.
4 9. ALTERNATE SCENARIO
AI summary The document introduces an 'Alternate Scenario' section within a Nova Scotia regulatory proceeding, though no specific content or analysis is provided in the given text. Key acronyms and entities related to energy regulation and utility management are referenced.
5 9.1 OVERVIEW - Pursuant to the NSUARB directive,[27](#page-73-4) 6 E1 is required to file one or more alternate scenarios (the "Alternate - 7 Scenario") in addition to its Preferred Plan filing. In the stakeholder engagement process prec...
AI summary E1 is required by the NSUARB to file an Alternate Scenario as part of its Preferred Plan, incorporating energy efficiency, demand response, solar-PV, and strategic electrification. Stakeholders emphasized addressing short-term affordability impacts, prompting E1 to provide a fully costed DSM scenario.
E1 submits that the Application satisfies both prongs of the mandatory approval test under section 79L(4) of the PUA . First, the Application satisfies all requirements of section 79I of the PUA : - (a) The Purchase Agreement is for a term...
AI summary E1 argues the Application meets both prongs of the mandatory approval test under section 79L(4) of the PUA. It satisfies section 79I requirements, including a five-year Purchase Agreement and a detailed DSM plan. The Preferred Plan is deemed beneficial due to cost-effective DSM with a 2.4 benefit-cost ratio and affordability measures during cost-of-living challenges.
7 2. PREVIOUS DSM PLAN RESULTS
AI summary The section reviews outcomes of past Demand Side Management (DSM) plans, focusing on energy efficiency, cost recovery mechanisms, and compliance with regulatory frameworks. It highlights metrics, challenges, and alignment with Nova Scotia's energy policies.
2.2 DISCUSSION OF 2023-2025 RESULTS E1's 2025 Annual Progress Report (APR), filed March 31, 2026, provides detailed discussion of 2025 results and cumulative progress toward the 2023–2026 DSM Plan performance targets. Results for 2023 and...
AI summary E1's 2025 Annual Progress Report (APR) details 2025 results and cumulative progress toward 2023–2026 DSM Plan targets, noting implementation challenges like market changes and program adjustments. Results are contextualized within the DSM Plan period, with insights informing the 2026 DSM Extension and future planning. References to prior APRs (2023–2024) and regulatory approvals are included.
1 2.2.1 ENERGY AND DEMAND SAVINGS 2 Energy and demand savings in 2023 and 2024 exceeded the approved Plan, resulting in significant 3 progress towards the approved four-year Plan performance targets. This overachievement was driven 4 prima...
AI summary Energy and demand savings in 2023–2024 exceeded approved targets due to the Canada Greener Homes Grant and LED rebate campaigns. Savings declined in 2025 due to baseline changes and program closures. The 2026 DSM Extension expects lower savings, driven by non-lighting measures and reduced Home Energy Assessment participation.
1 3. PLAN DEVELOPMENT AND DESIGN APPROACH 2 E1 developed the 2027–2031 DSM Preferred Plan through a multi-phase process to establish a cost- 3 effective DSM portfolio. This process defined the DSM resources to be offered, the level of savi...
AI summary E1 developed the 2027–2031 DSM Preferred Plan through a multi-phase process involving stakeholder engagement, scenario modeling, and regulatory considerations. The plan incorporates updated avoided costs, aligns with climate targets, and reflects NSEB decisions on BCA and DSM extensions. Development was paused briefly due to PUA amendments and resumed after filing the 2026 DSM Extension.
3.3.1.1 MODEL CONFIGURATION - At the outset of the modelling process, E1 and Guidehouse reviewed and confirmed the overall modelling - framework for the 2027–2031 DSM Resource Plan, and configured the following modelling tools - associated...
AI summary E1 and Guidehouse configured ProCESS™ and DRSim™ models for the 2027–2031 DSM Resource Plan, aligning with NSEB directives. Model updates ensured parameters, inputs, and methodologies met E1's planning requirements and regulatory standards.
4.5 PROGRAM SAVINGS AND INVESTMENT - 15 Table 8, below, provides the five-year savings and investment details by program component for the - 16 2027–2031 Preferred Plan. 4 13 14 DATE FILED: March 31, 2026 2
AI summary The text references Table 8, which outlines five-year savings and investment details by program component for the 2027–2031 Preferred Plan. The document is part of a regulatory proceeding, with a filing date of March 31, 2026, and focuses on energy program planning and investment analysis.
Energy Efficiency The investment for energy efficiency is reflective of the costs E1 expects to incur to achieve the savings with the suite of programs included in the Preferred Plan. Investment levels in Residential sector programs repres...
AI summary E1's energy efficiency investment allocates 56% to residential programs (29% savings) and 44% to BNI programs (71% savings), reflecting a shift toward non-lighting measures post-2025 LED baseline. Savings decline from 2027-2031 due to Canada Greener Homes Grant closure and removal of Residential Behaviour. 2024 billing analyses further reduced residential savings.
1 9.3 OBJECTIVES - 2 In 2027–2031, Enabling Strategies will continue to build on those initiatives that have historically proven - 3 successful by delivering focused education and outreach, and development and research activities; - 4 mark...
AI summary Enabling Strategies (ES) aims to expand DSM program participation through education and outreach, ensure E1 adapts to market changes via research, continue the heat pump water heater pilot, and meet regulatory requirements including reporting and consultations. ES will also address evolving technologies and maintain compliance with NSIESO and DSMAG directives.
SUPPORT FOR MI'KMAW COMMUNITIES
AI summary The section titled 'SUPPORT FOR MI'KMAW COMMUNITIES' likely addresses initiatives or policies aimed at supporting Mi'kmaw communities within the context of energy regulatory proceedings in Nova Scotia. However, the provided text contains no substantive content beyond the heading.
1. Develop and file the 2032 – 2036 DSM Plan E1 staff will develop the 2032-2036 DSM Plan through research, consultations with experts, internal planning, and working and consulting with all stakeholders to gain support for the Plan. After...
AI summary E1 staff will develop the 2032–2036 DSM Plan through research, consultations with experts, internal planning, and stakeholder engagement to secure support. After filing the plan, E1 will participate in the regulatory approval process.
1. File all required reports, statements, and responses E1 will file all required reporting on the 2027–2031 DSM Plan including quarterly reports, Annual Progress Reports, Evaluation Reports, Audited Financial Statements, Information Reque...
AI summary E1 will file required reports and respond to directives related to the 2027–2031 DSM Plan, including quarterly and annual reports, evaluations, and financial statements, as mandated by the Nova Scotia Energy Board.
Measures of success: - E1 will file all required reports, statements, and responses to directives with the Energy Board. - E1 will update, and consult with, the DSM Advisory Group regularly throughout the Plan period, on Plan progress and...
AI summary E1 commits to submitting required regulatory filings to the Energy Board and maintaining regular consultation with the DSM Advisory Group on Plan progress and regulatory matters throughout the Plan period.
2. Support Integrated Resource Plan Evergreen process as required E1 will support, as required and requested, an expected Integrated Resource Plan Evergreen process by the Nova Scotia Independent Energy System Operator during the 2027–2031...
AI summary E1 will support the Nova Scotia Independent Energy System Operator's Integrated Resource Plan Evergreen process during the 2027–2031 Plan period as required. This involves collaboration to ensure alignment with energy planning objectives.
1 10.2 PERFORMANCE TARGETS AND THRESHOLDS - Performance targets[21](#page-186-3) 2 apply over the Plan period as reflected in the Energy Board-approved DSM 3 Purchase Agreement or as ordered by the Energy Board; and - 4 E1 is in substantia...
AI summary The Nova Scotia Energy Board sets performance targets for E1's DSM Purchase Agreement, requiring 90% compliance. E1's 2027–2031 DSM Preferred Plan includes five targets, with a table summarizing them. Non-compliance may trigger discretionary actions by the Energy Board.
13. REPORTING AND REVIEW - This section describes E1's DSM reporting framework for the 2027–2031 DSM Resource Plan period, - including routine filings, stakeholder review mechanisms, a proposed process for mid-course adjustments - and a pr...
AI summary This section outlines E1's Demand Side Management (DSM) reporting framework for the 2027–2031 DSM Resource Plan period, detailing routine filings, stakeholder review processes, mid-course adjustment mechanisms, and a proposed mid-term review to ensure compliance and effectiveness.
13.1 OVERVIEW OF DSM REPORTING 2027–2031 - E1 will file the following six reports each year with the Energy Board, for a total of thirty DSM reports over - the 2027-2031 Plan period: - Quarterly Reports (Q1-Q3); - Annual Progress Reports (...
AI summary E1 (EfficiencyOne) is required to submit 30 DSM reports over 2027–2031, including quarterly, annual progress, program evaluation, and financial statements. The Nova Scotia Energy Board's independent consultant verifies the accuracy of E1's annual program evaluation reports and savings data.
13.2.1 MID-TERM CHECK-IN - E1 proposes a structured mid-term check-in process for the 2027–2031 Plan. This process is intended to - provide transparency and opportunities for meaningful review and discussion of Plan implementation - progre...
AI summary E1 proposes a mid-term check-in process for the 2027–2031 Plan, including a 2029 session with the DSMAG to review progress, spending trends, and challenges. Materials, stakeholder comments, and one-on-one meetings will be used, mirroring NSEB's DSM reporting approaches.
1 13.2.2 ADDITIONAL DSMAG ENGAGEMENT - 2 E1 is also proposing the following opportunities for additional DSMAG engagement and enhancements to 3 its current annual reporting: - Annual DSMAG sessions: Each year, following the filing of the A...
AI summary E1 proposes enhancing DSMAG engagement through annual sessions, stakeholder meetings, and expanded reporting to improve transparency and collaboration in implementing the five-year Plan. Annual sessions will review progress, mid-course adjustments, and rate class spending, while expanded reporting includes year-to-date performance data in Quarterly Reports.
13.4 ROUTINE REPORTING This section describes E1's DSM reporting over 2027-2031, including proposed content.
AI summary This section outlines E1's proposed Demand Side Management (DSM) reporting framework for 2027-2031, detailing content requirements and submission processes under Nova Scotia regulatory oversight.
13.4.3 ADVANCE NOTICE OF SIGNIFICANT CHANGES - In the event that E1 proposes significant changes to elements within an approved Plan, advance notice will be provided to the Energy Board and the DSMAG. Significant changes include: - Adding...
AI summary E1 must provide advance notice to the Energy Board and DSMAG for significant changes to approved plans, such as adding or terminating programs, and file applications with NSEB under PUA if circumstances like market shifts or regulatory changes affect plan feasibility.
13.4.4 AUDITED FINANCIAL STATEMENTS - E1 will retain the services of an external financial auditor to prepare audited annual financial statements. - These will be filed with the Energy Board in the second quarter of the following year, no...
AI summary E1 is required to prepare audited annual financial statements, filed with the Energy Board by April 28 in the second quarter of the following year. This follows the NSUARB's Revised Filing Dates letter from 2018, ensuring compliance with regulatory deadlines.
2. GOVERNANCE
AI summary The 'Governance' section outlines regulatory frameworks and acronyms related to Nova Scotia's energy sector, including organizations, programs, and legal acts. It emphasizes governance structures for utility regulation, demand-side management, and energy efficiency initiatives, though no detailed arguments or specific case references are provided in the text.
2.1 Innovation Oversight The Executive Leadership Team oversees E1's innovation activities, providing strategic direction, approvals, and compliance oversight. - Responsibilities include: - Reviewing and approving innovation projects; - De...
AI summary The Executive Leadership Team oversees E1's innovation activities, ensuring alignment with strategic goals, 2027–2031 DSM priorities, and available resources. Responsibilities include project approval, resource allocation, and performance monitoring through success metrics.
ision, E1 has included a - historical RBIA as part of the 2027–2031 DSM Resource Plan Application. The analysis provides the reader with a picture of rate and bill impacts for the following groups of - ratepayers by rate class: - Non-parti...
AI summary E1's 2027–2031 DSM Resource Plan Application includes a historical and forward-looking RBIA to assess rate and bill impacts on participants, non-participants, and total customers. The analysis highlights equity concerns, as non-participants may face higher bills, requiring regulatory guidance to balance cost-effective DSM investments with customer equity.
- 1 (d) "Consequential Losses" means consequential, special, incidental, multiple, 2 exemplary or punitive damages including lost profits, whether such claim of lost 3 profits is categorized as indirect, direct or consequential damages or...
AI summary The text defines key legal terms in a contractual agreement, including 'Consequential Losses,' 'Contract Documents,' and 'Environmental Laws.' It references the 'EECA DSM Resource Plan' approved by NSEB and UARB, and outlines 'Electricity Efficiency and Conservation Demand-side Management Activities.' The definitions cover legal obligations, environmental compliance, and regulatory frameworks.
38 5. NOTIFICATION OF SIGNIFICANT CHANGES 39 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as 40 EfficiencyOne makes application to the UARB NSEB for the approval of the Significant 1 Changes. Subje...
AI summary EfficiencyOne must notify NSPI when applying for approval of significant changes to the EECA DSM Resource Plan. NSPI may submit written comments to UARB NSEB regarding these changes, subject to regulatory discretion.
4 6. SAFETY - 5 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the 6 supply or performance of the EECADSM. - 7 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and 8 represent...
AI summary EfficiencyOne is mandated to ensure safety and loss management in the EECADSM and comply with all federal, provincial, and municipal health, safety, and environmental regulations. This includes enforcing compliance among employees, subcontractors, and representatives.
11 7. PROTECTION OF PROPERTY - 12 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of 13 NSPI's customers and other third parties from damage which may occur as the result of 14 the performance of the...
AI summary EfficiencyOne is required to protect NSPI's customers and third parties from property damage during EECADSM performance. If damage occurs, EfficiencyOne must cover costs and indemnify NSPI, except when caused by NSPI's negligence.
1 10. SUBCONTRACTORS - 2 10.1 EfficiencyOne shall be permitted to subcontract the performance of any part of the EECA 3 DSM without the prior written approval of NSPI. - 4 10.2 Where EfficiencyOne subcontracts any part of the EECADSM, Effi...
AI summary EfficiencyOne may subcontract EECA DSM work without NSPI approval but remains fully liable for subcontractors' actions. Subcontractors cannot form direct contracts with NSPI. EfficiencyOne must ensure subcontractors uphold agreement rights and protections.
12 11. CONFIDENTIAL AND PERSONAL INFORMATION - 13 11.1 The Parties have executed or agree to execute the confidentiality agreement attached 14 hereto as Schedule "D" - Confidentiality ("Confidentiality Agreement"). - 15 11.2 EfficiencyOne...
AI summary The Parties have executed a confidentiality agreement (Schedule D), requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or disclosure, including CASL compliance.
24 12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 25 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in 26 accordance with the performance requirements established by the UARB NSEB pursuant 27 to Section...
AI summary EfficiencyOne's performance under the agreement is measured by the UARB NSEB's performance requirements, established under Section 79M of the Act and detailed in Schedule C. This outlines the evaluation framework for compliance.
28 13. FORCE MAJEURE - 29 13.1 Neither Party shall be in breach of its obligations under this Agreement where failure to 30 perform or delay in performance of any obligation is due, wholly or in part, to a Force 31 Majeure Event. - 32 13.2...
AI summary The Force Majeure clause outlines obligations for both parties during unforeseen events, requiring prompt notification, mitigation efforts, and resumption of obligations. It clarifies that EfficiencyOne's failures or negligence do not qualify as Force Majeure, excluding extensions for the EECADSM program.
7 14. INDEMNITY - 8 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person 9 or property, caused by its directors, officers, employees, Subcontractors, agents or 10 representatives, and agrees not to...
AI summary EfficiencyOne assumes full liability for losses caused by its actions, excluding those due to NSPI's negligence. Both parties agree to indemnify each other against claims arising from breaches, with exceptions for negligence. EfficiencyOne also defends NSPI against third-party intellectual property infringement claims related to EECA DSM.
1 15. LIMIT OF LIABILITY - 2 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect 3 to the performance or non-performance under this Agreement or for any actions 4 undertaken in connection with or...
AI summary The Limit of Liability clause caps EfficiencyOne's and NSPI's liability at $2 million, excluding exceptions like indemnification for third-party claims, wilful misconduct, and refund obligations. Both parties are liable for wilful misconduct but not for contractual payment obligations.
26 16. INSURANCE - 27 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, 28 the following minimum insurance coverage as follows, such insurance as it relates to this 29 Agreement shall be in a...
AI summary Section 26 16 outlines EfficiencyOne's mandatory insurance requirements under its agreement with NSPI, including liability, property, and workers' compensation coverage. NSPI may enforce insurance if EfficiencyOne fails, and EfficiencyOne must maintain deductibles and ensure subcontractor compliance.
4 18. LIENS AND CLAIMS - 5 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their 6 subsidiaries and affiliates (collectively the "Lien Indemnitees" or singularly "Lien 7 Indemnitee") and defend each of them fro...
AI summary EfficiencyOne must indemnify NSPI and its affiliates against losses from liens or claims related to subcontractors or parties involved in the EECA DSM program. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset payments if unresolved. EfficiencyOne may contest liens by providing a bond satisfactory to NSPI, with NSPI liable only up to amounts payable to EfficiencyOne.
10 22. AUDIT AND INSPECTION - 11 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, 12 keep accurate records of all EECA DSM supplied to NSPI, as necessary to determine that 13 the EECA DSM was...
AI summary The document outlines audit and inspection requirements for EfficiencyOne, including record-keeping obligations for EECA DSM programs, NSPI's right to request access to records and inspections, data-sharing responsibilities, and reporting requirements to UARB NSEB and NSPI. It also covers assignment restrictions and coordination meetings.
9 26. GENERAL - 10 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 11 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective 12 successors and permitted ass...
AI summary The agreement outlines renewal conditions under the Public Utilities Act, specifies EfficiencyOne's role as an independent contractor, and governs by Nova Scotia and Canadian laws. Modifications require UARBNSEB approval, and the agreement is binding on successors. Legal jurisdiction is assigned to Nova Scotia's Supreme Court.
7 Electricity Efficiency and ConservationDemand-Side Management Activities The figure below identifies the scope of savings (3 5 year cCumulative Annual eEnergy sSavings, cCumulative Annual pPeak dDemand sSavings, cCumulative Annual eEnerg...
AI summary The document outlines Energy Efficiency Corporation (EECA) Demand-Side Management (DSM) performance targets over a five-year plan, including energy and peak demand savings, solar-PV generation, and low-income equity programs. Compliance requires achieving 90% of targets; otherwise, a regulatory process is triggered. Schedule B addresses compensation mechanisms.
45 Schedule B (Page 2 of 2)
AI summary Second page of Schedule B from a Nova Scotia regulatory proceeding, listing acronyms related to energy regulation, utility management, and demand-side programs. Context includes terms like DSM, PUA, NSEB, and NS Power, reflecting regulatory frameworks and energy initiatives in Nova Scotia.
PERFORMANCE REQUIREMENTS - I. UARBNSEB-APPROVED PERFORMANCE TARGETS, THRESHOLDS, AND INDICATORS - a) Performance Targets and Thresholds: - Performance Targets are set over the three five year contract period, rather than annually. - ii. Ef...
AI summary Performance targets for EfficiencyOne (E1) are set over three five-year contract periods, requiring 90% achievement of metrics like energy savings, peak demand reduction, and solar-PV generation. Non-compliance triggers regulatory action, with the Nova Scotia Energy Board (NSEB) determining remedies. Targets include specific programs for affordable housing and Mi'kmaw communities.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECADSM, as the case may be, in accordance with the Legislation and the Supply Purchase Agreement and for no oth...
AI summary The Recipient is restricted to using Confidential Information solely for EECADSM purposes, as governed by the Legislation and Supply Purchase Agreement, with no other permitted uses.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under confidentiality agreements, notifying the Disclosing Party and ensuring compliance. Disclosures mandated by law or regulatory bodies require prior notice to the Disclosing Party, allowing them to seek protective orders or waive confidentiality. The Recipient must remove commercially sensitive information where possible and notify the Disclosing Party of court/regulatory orders.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The recipient is granted only limited rights to use confidential information under the agreement, with explicit clarification that no licenses for intellectual property rights (patents, copyrights, etc.) are provided, either directly or indirectly, under any circumstances.
Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...
AI summary The Recipient is legally obligated to indemnify the Disclosing Party against all losses, liabilities, costs, or expenses arising from the Recipient's breach of the Agreement. This obligation remains enforceable even after the Agreement's termination.
Governing Law 14. This Agreement is governed and shall be construed in accordance with the laws of the Province of Nova Scotia.
AI summary The agreement is governed by the laws of the Province of Nova Scotia, as stated in the Governing Law section. This establishes the jurisdiction under which the agreement will be interpreted and enforced.
g ascribed to it in the Act. - (n) " Governmental Authority " means any federal, provincial, regional, municipal or local government or authority or other political subdivision thereof and entity or
AI summary The text defines 'Governmental Authority' as encompassing federal, provincial, regional, municipal, or local governments and their subdivisions, as part of a regulatory proceeding's interpretive framework, which is crucial for understanding the scope of governmental entities involved in the proceedings.
5. NOTIFICATION OF SIGNIFICANT CHANGES 5.1 EfficiencyOne shall provide notice of Significant Changes to NSPI at the same time as EfficiencyOne makes application to the NSEB for the approval of the Significant Changes. Subject to the terms...
AI summary EfficiencyOne must notify NSPI of significant changes to the DSM Resource Plan simultaneously with submitting an application to the NSEB for approval. NSPI retains the right to submit written comments on such changes under the Public Utilities Act.
6. SAFETY - 2 6.1 EfficiencyOne shall at all times be responsible for safety and loss management in the 3 supply or performance of the DSM. - 4 6.2 EfficiencyOne shall ensure that all employees, Subcontractors, agents and 5 representatives...
AI summary EfficiencyOne is mandated to manage safety and loss in Demand Side Management (DSM) and ensure compliance with federal, provincial, municipal, and internal health, safety, and environmental regulations.
7. PROTECTION OF PROPERTY - 9 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of NSPI's customers and other third parties from damage which may occur as the result of the performance of the DSM. - 7.2...
AI summary EfficiencyOne is required to protect NSPI's customers' and third parties' property during DSM activities. It must indemnify NSPI for damages caused by its actions, excluding cases where NSPI's negligence is responsible.
9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...
AI summary EfficiencyOne's covenants with NSPI include legal authority, compliance with laws, proper execution of DSM, use of licensed personnel, and responsibility for subcontractors. EfficiencyOne must notify NSEB/NSPI of DSM supply disruptions and ensure adherence to regulations. Subcontractors are permitted but EfficiencyOne remains fully liable for their actions.
11. CONFIDENTIAL AND PERSONAL INFORMATION - 6 11.1 The Parties have executed or agree to execute the confidentiality agreement attached 7 hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 8 11.2 EfficiencyOne shal...
AI summary The document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated (NSPI), requiring EfficiencyOne to secure personal information and indemnify NSPI against liabilities from misuse or disclosure, in compliance with the Public Utilities Act and CASL.
12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the NSEB pursuant to Section 79M of the Act as...
AI summary EfficiencyOne's performance under the Agreement is evaluated based on performance requirements set by the NSEB under Section 79M of the Act, as outlined in Schedule C. This establishes the framework for measuring compliance with contractual obligations.
13. FORCE MAJEURE - 13.1 Neither Party shall be in breach of its obligations under this Agreement where failure to perform or delay in performance of any obligation is due, wholly or in part, to a Force Majeure Event. - 13.2 Each Party sha...
AI summary The Force Majeure clause outlines that neither party is liable for performance delays caused by Force Majeure Events, provided they notify the other party and take mitigation steps. The agreement term is not extended due to such events, and EfficiencyOne's negligence is explicitly excluded from Force Majeure coverage.
14. INDEMNITY - 2 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person 3 or property, caused by its directors, officers, employees, Subcontractors, agents or 4 representatives, and agrees not to ma...
AI summary EfficiencyOne and NSPI agree to mutual indemnification for liabilities arising from their respective actions, excluding negligence or wilful misconduct. EfficiencyOne must defend NSPI against third-party claims of intellectual property infringement related to DSM obligations. Both parties are protected from legal costs and damages except where their own negligence is involved.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines liability limitations for both parties in the agreement. EfficiencyOne and NSPI are each capped at $2 million in liability, excluding exceptions like indemnification, wilful misconduct, and refund obligations. Consequential losses are excluded from liability.
16. INSURANCE - 16.1 EfficiencyOne shall obtain, maintain and pay for, during the entire Term of this Agreement, the following minimum insurance coverage as follows, such insurance as it relates to this Agreement shall be in a form and fro...
AI summary EfficiencyOne must maintain specific insurance coverage for NSPI, including general liability, environmental impairment, automobile liability, property insurance, professional liability, and workers' compensation. NSPI may enforce insurance requirements and recover costs if EfficiencyOne fails to comply.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien Indemnitee ") and defend each of them from and...
AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims arising from subcontractors' work in DSM projects. EfficiencyOne must promptly discharge such liens, with NSPI able to offset costs if they fail. EfficiencyOne may contest liens by providing a satisfactory bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
20. DEFAULT AND TERMINATION - 20.1 This Agreement may be terminated immediately by either Party, in whole or in part, upon the happening of one or more of the following events: - (a) EfficiencyOne's Franchise is terminated and the Agreemen...
AI summary The agreement can be terminated by either party if EfficiencyOne's franchise is terminated without assignment by the Minister or upon NSEB approval. Termination does not allow compensation for consequential losses, requires EfficiencyOne to discontinue DSM activities, and claims must be asserted within 30 days.
22. AUDIT AND INSPECTION - 2 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, 3 keep accurate records of all DSM supplied to NSPI, as necessary to determine that the 4 DSM was provided in acc...
AI summary EfficiencyOne must maintain DSM records for 36 months post-agreement. NSPI may request NSEB access to these records and inspect DSM operations, with EfficiencyOne required to facilitate inspections. Compliance with agreement terms is emphasized through audit and inspection rights.
23. ASSIGNMENT 23.1 Neither Party shall assign all or any portion of this Agreement without the prior written approval of the NSEB and/or the Minister as the situation requires.
AI summary Section 23.1 prohibits either party from assigning the agreement without prior written approval from the Nova Scotia Energy Board (NSEB) and/or the Minister. This restriction ensures regulatory oversight and compliance with approval requirements.
25. COORDINATION MEETINGS AND REPORTS - 25.1 During the Term of this Agreement, EfficiencyOne shall prepare and deliver to the NSEB and NSPI a quarterly report (the " Quarterly Report ") in a form acceptable to the NSEB. - 25.2 EfficiencyO...
AI summary EfficiencyOne must submit quarterly and annual progress reports to NSEB and NSPI detailing DSM performance, financials, and discrepancies. Quarterly coordination meetings between NSPI and EfficiencyOne are mandated to ensure effective DSM planning and implementation.
26. GENERAL 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. DATE FILED: March 31, 2026 Page 19 of 33 - 1 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respectiv...
AI summary The agreement outlines terms for renewal under the Public Utilities Act, specifies EfficiencyOne's role as an independent contractor, governs by Nova Scotia law, and requires NSEB approval for amendments. It emphasizes jurisdiction, enforceability, and language requirements.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Purchase Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient sha...
AI summary The Recipient must return or destroy Confidential Information within 30 days of the Purchase Agreement's termination or upon the Disclosing Party's request, retaining only one legal file copy for legal obligations. Written confirmation of compliance is required if requested.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The agreement restricts the recipient's rights to using confidential information solely under the terms specified, explicitly denying any licenses related to patents, copyrights, or other intellectual property rights, either currently or in the future.
9 Governing Law 10 14. This Agreement is governed and shall be construed in accordance with the laws 11 of the Province of Nova Scotia.
AI summary This section specifies that the agreement is governed by the laws of the Province of Nova Scotia. No specific entities, programs, or cross-references are mentioned. The primary topic is governing law and legal jurisdiction.
Appendix F Proposed Updated Standardized Filing Framework
AI summary Appendix F outlines a proposed updated standardized filing framework, likely related to regulatory processes in Nova Scotia's energy sector. The context includes numerous acronyms and entities relevant to energy regulation, utility management, and policy frameworks.
Standardized Filing Framework Prepared by EfficiencyOne Updated: [insert date] DATE FILED: March 31, 2026 Page 1 of 13
AI summary The document outlines a Standardized Filing Framework prepared by EfficiencyOne for a Nova Scotia regulatory proceeding. It includes metadata such as the filing date (March 31, 2026) and page count, but no detailed content beyond the header and preparer information.
4 2. BACKGROUND - 5 On June 16, 2015, EfficiencyOne (E1), Nova Scotia Power Incorporated (NS Power), the Consumer - 6 Advocate, the Small Business Advocate, the Ecology Action Centre, the Affordable Energy Coalition, - 7 and the Industrial...
AI summary The document outlines the history of the Standardized Filing Framework for DSM applications in Nova Scotia. Key milestones include the 2015 Consensus Agreement, NSUARB approval in 2015, adoption in 2016, updates in the 2023–2025 DSM Plan, and the 2026 DSM Extension decision directing continued engagement with DSMAG.
22 3. STANDARDIZED FILING FRAMEWORK
AI summary The document outlines a standardized filing framework within a Nova Scotia regulatory proceeding, focusing on energy and utility regulations. It includes acronyms related to demand-side management, energy efficiency, and utility rate structures, indicating a structured approach to regulatory compliance and reporting.
4.1 Objectives - Ensure consistency in the overall Demand Side Management (DSM) planning, evaluation, 4 reporting in Nova Scotia; - Consolidate Board decisions and directives as they pertain to DSM; and - Ensure that DSM Resource Plans bal...
AI summary The objectives focus on ensuring consistency in Demand Side Management (DSM) planning and reporting in Nova Scotia, consolidating Board decisions related to DSM, and balancing DSM Resource Plans to meet multiple objectives.
Performance Targets - Performance targets apply over the Plan period as reflected in the Board-approved DSM Purchase - Agreement or as ordered by the Board. - E1 is in substantial compliance if it achieves 90 percent or greater on each app...
AI summary E1 must achieve 90% or more of approved performance targets under the Board-approved DSM Purchase Agreement. Failure below 90% may trigger Board action. E1 will propose specific DSM resource targets, including energy savings, peak demand reductions, low-income equity measures, and demand response capacity, for Board approval.
4.4 DSM Tracking, Evaluation and Verification - 4.4.1 Tracking - 9 E1 will track the energy and capacity savings by program and report results in quarterly reports. - 4.4.2 Evaluation - E1 will retain the services of an independent DSM eva...
AI summary E1 will track DSM program savings, conduct annual evaluations, and submit quarterly and annual reports. The NSEB's Board verifies savings. DSM Resource Plans are filed every five years, with mid-course adjustments and mid-term check-ins pending NSEB decisions. Reporting includes APRs, performance indicators, and compliance with Board-approved targets.
4.8.3 Audited Financial Statements E1 will file audited annual financial statement in Q2 of the following year.
AI summary E1 is required to submit audited annual financial statements in Q2 of the following year as part of regulatory compliance under the Nova Scotia regulatory proceeding.
4.8.4 Evaluation - E1 will file annual impact evaluations for each program prepared by an independent third party - DSM program evaluator. - 1 E1 will file process evaluations for individual programs, produced by an independent third party...
AI summary E1 is required to submit annual impact evaluations and process evaluations for DSM programs, conducted by independent third-party evaluators. Process evaluations are mandatory for new program components, major changes, significant evaluator recommendations, or variances exceeding 25% of planned outcomes.
18 5. CONSOLIDATED ENDNOTES AND SOURCES - 1. M06733 E1 2016–2018 DSM Resource Plan, NSUARB Order, October 7, 2015. The Order approved the 2016–2018 DSM Plan and the Consensus Agreement. (Parties agreed to establish the Standardized Filing...
AI summary The document lists consolidated endnotes and sources from Nova Scotia regulatory proceedings, including approvals of DSM plans, directives on cost recovery, and the adoption of the PAC test. Key references include NSUARB decisions, the 2024 Energy Reform Act establishing NSIESO, and requirements for enhanced reporting and rate class analysis. Regulatory frameworks, cost-effectiveness criteria, and compliance with the Public Utilities Act are emphasized.