B-9Evidence filed by Kwilmu'kw Maw-klusuaqn (KMKNO) 3/18/2011
5 passages
The KMKNO is mandated by the ANSMC to engage project proponents (in both federal and provincial regulatory jurisdictions) in meaningful negotiation and consultations in the province of Nova Scotia. The ANSMC have ratified a tripartite agre...
AI summary The KMKNO, acting on behalf of the ANSMC, is participating in the Nova Scotia Utility and Review Board's hearings on community feed-in tariffs as formal interveners. They have raised concerns that the UARB consultant's assumptions about economic and social variables may not align with the realities of the Mi'kmaq community and could hinder meaningful participation in the renewable energy sector.
ABORIGINAL FINANCE AND REGULATION – WHAT ARE THE REGULATORY IMPEDIMENTS TO ESTABLISHING AN ATLANTIC CANADIAN ABORIGINAL FINANCIAL INSTITUTION? Tom Cooper Alex Faseruk Patrick Phillips
AI summary The document explores the regulatory challenges faced in establishing an Aboriginal financial institution in Atlantic Canada. It is authored by Tom Cooper, Alex Faseruk, and Patrick Phillips, and likely addresses legal, financial, and regulatory barriers from the perspective of Indigenous communities.
Memorial University We explore the regulatory and legislative barriers to address accessibility of capital for First Nations businesses and communities in Atlantic Canada. Specifically, we examine the legal and regulatory impediments that...
AI summary This text explores regulatory and legislative barriers affecting the accessibility of capital for First Nations businesses and communities in Atlantic Canada, focusing on legal impediments to establishing an Aboriginal-owned financial institution.
Section 37 states: - (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve wa...
AI summary Section 37 and 89 of the Indian Act restrict the sale, lease, and taxation of reserve lands and assets, limiting First Nations' access to capital and financial services. Amendments to section 89 have eased some restrictions, but challenges remain, including taxation differences between on-reserve and off-reserve businesses.
Conclusion Banking which occurs inter-provincially is federally regulated and that which occurs only within a province is regulated by that province. The scheme of provincial legislation discourages provincially regulated financial institu...
AI summary The document discusses the regulatory challenges faced by Aboriginal peoples in accessing capital through financial institutions. It highlights the limitations of current provincial and federal legislation, the need for legislative reform, and the potential for exemptions or proportionality for Aboriginal credit unions. It also references a funding initiative by the Government of Canada to support First Nations businesses.
07337Board Decision
7 passages
- (b) a municipality; - (c) a not-for-profit body corporate; - (d) a community economic-development corporation; - (e) a co-operative; or - (f) any other entity permitted by the regulations. [5] A total of 35 formal intervenors responded t...
AI summary The document outlines the entities that can be served under section 4A(1) and lists the intervenors who participated in the hearing, including organizations, municipalities, and advocacy groups. It highlights the involvement of various stakeholders in the regulatory proceeding.
Board powers - 49 The powers of the Board respecting a hearing or an appeal under the Utility and Review Board Act and the Public Utilities Act and regulations made under those Acts apply to hearings and appeals under the Act and these reg...
AI summary The Board's powers under the Utility and Review Board Act and the Public Utilities Act apply to hearings and appeals under the Act and these regulations. Section 4A(5) allows the Board to use the same powers as under the Public Utilities Act when setting a tariff. However, the Electricity Act takes precedence in case of conflicts with the Public Utilities Act.
4.0 ADOPTION OF MODEL BY CONSULTATIVE PROCESS
AI summary This section outlines the adoption of a model through a consultative process, involving various stakeholders and entities in Nova Scotia.
5.5 Consideration of tariffs in other jurisdictions - [61] In assessing whether the proposed COMFIT tariffs are reasonable, Synapse, in addition to considering stakeholder feedback, compared the proposed tariffs "...to FIT prices adopted i...
AI summary The document discusses the comparison of Nova Scotia's proposed COMFIT tariffs with those in other jurisdictions such as Vermont and Ontario. Key differences include eligibility for tax credits, ownership requirements, and project size, which influence tariff levels. The Province supports benchmarking as a necessary approach, despite uncertainties in project cost estimates.
7.0 WIND PROJECTS GREATER THAN 50 kW
AI summary This section of the document addresses wind projects greater than 50 kW, likely discussing regulatory considerations, compliance, and potential impacts on the energy grid and stakeholders.
es, then the directive in s.18(3) would not be set up as an exception to the Board's general duty in s.18(2) (ie: the duty in s.18(2) is "subject to" the requirement imposed upon the board by s.18(3».
AI summary The text discusses the relationship between sections 18(2) and 18(3) of the relevant legislation, indicating that the directive in s.18(3) does not act as an exception to the Board's general duty outlined in s.18(2), but rather is subject to the requirements imposed by s.18(3).
port this information to you as the Board. You know, if we're going to ask for, you know, a formula to be to readjust the rate then I think, you know, you guys need to have our costs in the market. That will establish start to establish a...
AI summary The discussion revolves around the need for a fuel escalator formula to adjust rates based on market costs, with a reference to the Public Utilities Act and the need for regulatory oversight over information from regulated utilities like Nova Scotia Power. There is also mention of the need for future revisions to the escalator formula due to changing factors like CPI and diesel prices.
20110404-1Hearing Transcript — 4/4/2011 (Synapse)
3 passages
DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS THE CHAIR: I think we'll mark the 1 NSUARB-BRD-E-R.10 Page 27 Opening Statement as Exhibit B-16. 2 EXHIBIT NO. B-16: 3 Opening Statement of the Synapse 4 Consulting Team 5 MR. OUTHOUSE: Mr. Cha...
AI summary The document outlines a portion of a regulatory proceeding involving the Synapse Consulting Team's opening statement, with cross-examination initiated by Mr. Merrick, the Consumer Advocate, focusing on the team's report and the concept of a 'reasonable level of activity'.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS fact to inquire about? When size of the project is a risk 1 NSUARB-BRD-E-R.10 Page 201 factor, would you not inquire about the size of the 17 has ample record before it on what Heritage has a...
AI summary The discussion revolves around Heritage Gas's construction cost risks, its duty to serve the entire province, and the potential risks associated with serving large industrial loads first. The conversation also touches on the company's past failures and the need for a thorough understanding of risk factors in determining a return on equity.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS it. SDIFs are great." They've been holding, you know, 1 public information sessions before this hearing, but 3 MR. LIVINGSTON: Oh, I guess my point 4 is, as consultants to the Board, if when...
AI summary The discussion revolves around the Synapse model and assumptions used by consultants for the Board. Mr. Livingston suggests that different assumptions, such as those from Synapse, could influence the Board's decision on setting rates and ensuring returns for SDIF shareholders. Other stakeholders also used the model to run their assumptions.
20110405-1Hearing Transcript — 4/5/2011 (Synapse Panel, ANSS Panel)
6 passages
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS You know, I'm a fisherman. You want 1 NSUARB-BRD-E-R.10 Page 301 to find good bait, you want to cast it out there and get 16 In preparation for the COMFIT contract 17 and this process, what p...
AI summary The text discusses the preparation process for the COMFIT contract, including reviewing regulations, documents from the Nova Scotia Government website, and models for feed-in tariffs. It also mentions stakeholder engagement and information conveyed between November and March.
Development Corporation? 1 Page 336 NSUARB-BRD-E-R.10 Minas Basin Pulp & Power? 17 It's not becoming clear to me, from what Mr. Biewald was 18 saying, whether or not you did have that conversation with 19 government to clarify that this re...
AI summary The discussion revolves around whether the Development Corporation had conversations with the government regarding the scope of its activities. It also touches on the possibility of setting more tariff rates, with the responsibility seemingly resting with the government.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS So if someone has a field of four 12 1 NSUARB-BRD-E-R.10 Page 449 and a half kilowatts is that or let's say a field of 17 MR. RICKERSON: The ultimate solution 18 has typically been in policy...
AI summary The discussion addresses the issue of rate arbitrage and how some jurisdictions handle it through policy rather than tariffs. It references the Ontario FIT program and its admittance criteria, which are separate from the rate structure itself.
- tariff. Page 490 NSUARB-BRD-E-R.10 21 MR. RICKERSON: Yeah. For others, I'm 22 sorry, I don't have them with me. DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS Page 494 NSUARB-BRD-E-R.10 1 MR. KEITH: Yes. 2 MR. DEVEAU: And I'm just wonderi...
AI summary The discussion centers on the source of a policy related to biomass usage, referencing the Renewable Energy Plan and Section 8 of the Regulations, which imposes a cap of 500,000 dry tonnes on biomass. The conversation explores whether this cap is intended to encourage efficient use of biomass resources.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS set by the Board; is that possible the way you see it? 1 NSUARB-BRD-E-R.10 Page 549 MR. TRAVIS: Well, no. I mean, we 19 I mean, the regulations speak of the 20 forest biomass cap. I don't thi...
AI summary The discussion revolves around the interpretation of regulations, specifically the 'forest biomass cap,' with concerns about whether lay witnesses should provide legal interpretations. The chair of the board emphasizes that regulations should be interpreted by legal parties, not lay witnesses, during the hearing.
- evidentiary issues. 1 Page 604 NSUARB-BRD-E-R.10 THE CHAIR: Yeah, but we started this 2 process in October. 3 MS. RUBIN: But we didn't have the 4 capital cost information because the first draft came in 5 based on an EPA study from 2007,...
AI summary The discussion revolves around evidentiary issues in a regulatory proceeding, specifically the lack of capital cost information due to delays in retaining experts and reliance on outdated studies. The Chair requests an approximation of the new proposed tariff to replace the existing rate of $339/MWh.
20110406-1Hearing Transcript — 4/6/2011 (ANSS Panel, St. Francis Xavier Univ, Consumer Adv. Panel)
4 passages
hand that I was supposed to assume that it was non- NSUARB-BRD-E-R.10 Page 631 16 of a generic biomass generation 17 facility for the Alliance." 18 MR. HAYES: Yes, sir. 19 MR. OUTHOUSE: Now, I'm just 20 interested in the term "generic." 21...
AI summary The discussion revolves around the assumption of a biomass generation facility being a brownfield project rather than a greenfield project, with specific considerations regarding steam pressure, infrastructure, and compliance with Canadian boiler code and ABMA standards.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS MR. CHERNICK: I suppose that would be NSUARB-BRD-E-R.10 Page 889 - the case. But I think there's a large conceptual
AI summary The text references a proceeding involving the Nova Scotia Utility and Review Board (NSUARB) and mentions a certified court reporter, Mr. Chernick, discussing a case. The context suggests a legal or regulatory discussion, though specific details are limited.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS whether these turbines last 20 years or less, five years, 1 the ones that would be installed in the next few years are 14 NSPI hasn't published that information. 15 MR. VOGEL: In your example...
AI summary The discussion revolves around the lack of information provided by NSPI regarding turbine longevity and the regulatory expectations for transparency. The conversation includes suggestions for the Board and government on how to address this issue and highlights the absence of evidence filed by NSPI.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS By NSPI new construction I was talking 1 NSUARB-BRD-E-R.10 Page 911 about construction of wind or possibly small hydro. And 2 for the wind, we have three projects that NSPI has 3 completed, e...
AI summary The discussion centers on the COMFIT rate eligibility and potential unfair damages to stakeholders. Mr. Chernick notes that eligible groups face significant barriers to participation, including lack of capital for Bands, high costs for universities, and disinterest from municipalities.
20110407-1Hearing Transcript — 4/7/2011 (Consumer Adv. Panel, Cdn. Wind Energy Panel, EAC - T. Couture)
11 passages
Halifax, Nova Scotia PAGE NO. April 4, 2011 Hearing opens 1 Discussions 1 SYNAPSE ENERGY ECONOMICS PANEL Direct Examination by Mr. Outhouse (Quals.) Cross-Examination by Ms. Cameron (Quals.) Direct Examination by Mr. Outhouse 12 17 18 Open...
AI summary The document outlines a regulatory hearing in Halifax, Nova Scotia, on April 4 and 5, 2011, involving the Synapse Energy Economics Panel and the Alliance of Nova Scotia Sawmillers Panel. It details the proceedings, including direct and cross-examinations by various individuals, and the opening statement by Synapse.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS MR. TOWSE : Thank you. Thank you for 1 Page 950 NSUARB-BRD-E-R.10 MR. CHERNICK: Yes. 19 essential in walking an application through the permitting 20 process and getting local permits of iden...
AI summary The text includes a reference to the NSUARB-BRD-E-R.10 document and mentions Mr. Chernick discussing the importance of navigating the permitting process and obtaining local permits.
report back. 1 If NSPI is prepared to undertake to 2 produce it, that would be the more direct way, I would 3 think. 4 THE CHAIR: Why don't you and 5 Ms. Godbout chat about it and see how we might most 6 effectively do it? NSPI hasn't prod...
AI summary The discussion revolves around NSPI's reluctance to produce a witness due to confidentiality concerns and a question about community eligibility requirements for feed-in tariffs in other jurisdictions, specifically mentioning Ontario's provisions.
- percent. NSUARB-BRD-E-R.10 Page 1029 12 of problems with the studies on the transmission access? 13 MR. CHERNICK: I believe that the ones 14 that had the problems, that some of those wound up being 15 completed by NSPI. The only one of t...
AI summary The discussion involves concerns about transmission access studies and their completion by NSPI. There is a request to identify any projects that may have issues, with clarification that NSPI was not responsible for the failure of Layman Brothers.
- it. I believe it's Atlantic Canada. - No, I don't have it here. - MR. DEVEAU: Okay. Perhaps as an - undertaking could you confirm whether that information is - available for Nova Scotia particularly or parts of Nova - Scotia, and if it i...
AI summary Mr. Deveau asks Mr. Levy to confirm whether data presented by Natural Resources Canada is available specifically for Nova Scotia. Mr. Levy clarifies that the data was presented in tabular format and may not be robust enough, but agrees to check with Natural Resources Canada for Nova Scotia-specific information.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS MR. COUTURE : Yes. 1 NSUARB-BRD-E-R.10 Page 1119 (SHORT PAUSE) 14 that aren't dependent on a fuel." 15 MR. COUTURE: Yes. 16 MS. RUBIN: "This can be done by 17 automatic adjustments based on a...
AI summary The discussion revolves around mechanisms for adjusting rates, including automatic formula-based adjustments and administrative revisions, with examples provided on how market fluctuations can affect these mechanisms and the need for regulatory oversight.
- the moment CB Explorations and it came under that - the Board tended to say that there was significant rate - risks and that they should come back once they had it - figured out better. - That's I guess my reference for making - my point...
AI summary The discussion revolves around the legal considerations of setting tariffs under the regulations, with a focus on the risks involved for ratepayers due to the small scale and limited impact of electricity production from small turbine units.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS So there's significantly higher risk, 1 and that risk means that the investors that are investing 11 regulated utilities that have the right to bring that 12 forward as evidence when they mak...
AI summary The discussion highlights the risk associated with regulated utilities presenting evidence for rate increases, specifically referencing Nova Scotia Power's potential need to increase procurement costs. It also clarifies the current structure where municipalities generate their own power but primarily purchase from Nova Scotia Power.
- up. Mr. Reynolds is putting to him a question. I don't - disagree with Mr. Reynolds in terms that if Berwick did - this, but it would be its ratepayers and not the whole - province - MR. COUTURE : Okay. - MR. OUTHOUSE : would be affected...
AI summary The discussion revolves around the potential impact of feed-in rates on customer rates, with Mr. Reynolds inquiring if Mr. Couture has encountered instances where feed-in rates led to increased customer rates, and Mr. Outhouse questioning the relevance of the discussion to the Board's function.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS With that cap, it does mitigate the Page 1198 NSUARB-BRD-E-R.10 1 MR. COUTURE: No, I would suggest that 2 the periodic review is an opportunity to revise more 3 comprehensively the success an...
AI summary The discussion revolves around the periodic review of a policy, emphasizing the need for a comprehensive evaluation beyond just financing. The participants question the assumption of a straight line in a graph, suggesting that real-world data may require a different curve or intermediate points.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS say, for instance, that they got in before the next guy 1 NSUARB-BRD-E-R.10 Page 1213 and therefore their project should receive precedence. 2 So caps inherently create this 3 finitude that i...
AI summary The text discusses concerns about caps in energy programs, particularly how they create uncertainty and conflict among communities and developers. It suggests that clear provisions for addressing cap limits would reduce uncertainty. The discussion also references a tidal tariff and degression rates.
20110408-1Hearing Transcript — 4/8/2011 (Black River Panel, Jonathan Barry, Daniel Roscoe, Paul Pynn & J. Barry)
7 passages
Halifax, Nova Scotia PAGE NO. April 4, 2011 Hearing opens 1 Discussions 1 SYNAPSE ENERGY ECONOMICS PANEL Direct Examination by Mr. Outhouse (Quals.) Cross-Examination by Ms. Cameron (Quals.) Direct Examination by Mr. Outhouse 12 17 18 Open...
AI summary The document outlines the proceedings of a regulatory hearing in Halifax, Nova Scotia, held on April 4 and 5, 2011, involving the Synapse Energy Economics Panel. The hearing included direct and cross-examinations by various individuals, as well as opening statements and questions from the chair.
April 7, 2011 Questions from Mr. Doehler 1014 Questions from Mr. Deveau 1017 Questions from The Chair 1022 Further Cross-Examination by Mr. Outhouse 1029 Further Cross-Examination by Mr. Reynolds 1035 Further Cross-Examination by Mr. Towse...
AI summary The document contains a list of questions and exhibits from a regulatory proceeding on April 7, 2011, including cross-examinations and various documents referenced. It outlines the structure and content of the proceeding, highlighting key items such as capital cost tables, opening statements, and policy design guides.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS wind producers is how they structured their project, 1 NSUARB-BRD-E-R.10 Page 1223 whether they did it by a debt or equity and, if so, what 12 ask you questions. If one comes up that you thin...
AI summary The testimony involves Dan Roscoe from Scotian WindFields discussing how wind producers structured their projects, specifically regarding whether they used debt or equity. The discussion includes procedures for handling confidential information during questioning.
public, but if there is, I'd still choose to answer it in - a confidential way. - THE CHAIR : So handle your questioning - the same way. Mr. Merrick can ask his questions. If he - gets to one where you're uncomfortable, tell us, and then -...
AI summary The discussion revolves around the handling of questions during a regulatory proceeding, with emphasis on confidentiality and the types of questions that may be asked, particularly those related to the Watts Wind Energy Project.
- DICTUM DIGITAL INC. CERTIFIED COURT REPORTERS record, we'll note it and then we'll come back we'll 1 clear the room at the end of your cross-examination and 1 NSUARB-BRD-E-R.10 Page 1229 MR. NEAL LIVINGSTON, Affirmed: 2 OPENING STATEMENT...
AI summary Neal Livingston, President of Black River Wind Limited and other renewable energy companies, presents evidence about the exclusion of independent power producers from policy discussions, expressing concern about the Board's responsibility to ratepayers and the impact on cost and risk.
- go down because of the cost of equity going down, one of - those drivers can come from government playing a role. - I also wanted to say that I find - Mr. Pynn's evidence very interesting because our situation - as Black River Wind is th...
AI summary The speaker discusses the impact of government involvement on the cost of equity and highlights alignment with Mr. Pynn's evidence regarding financial realities. They emphasize the importance of a strong renewable energy policy to foster economic development and reduce risk for ratepayers, suggesting the province is not currently getting it right.
may have, and to encourage and stimulate community 1 organization ownership, then arguably it may require a 2 higher tariff. But then how does the Board do that 3 without giving such a high tariff that the lambs the 4 wolves come in and ea...
AI summary The text discusses concerns about the Board's ability to set appropriate tariffs without creating incentives for market exploitation, and highlights the lack of government involvement in policy development. It suggests that government should take an equity role through industrial finance funds to ensure fair outcomes.