Topic:"Regulatory Oversight" in M06733

NOTICE OF APPLICATION TO: The Nova Scotia Utility and Review Board ("UARB" or "the Board") - 1. The Electricity Efficiency and Conservation Restructuring (201 4) Act, S.N.S. 2014, c. 5 effected a new regime for the delivery of electricity...

AI summary EfficiencyOne seeks a Board decision to finalize a three-year Supply Agreement with NSPI under the Public Utilities Act, following failed negotiations. The application references a prior franchise granted in 2014 under the Electricity Efficiency and Conservation Restructuring Act, and cites Board Order M06247. EfficiencyOne asserts the agreement serves the public interest.

longer term, a loss of industry capacity is less likely with this program. For these reasons, the removal of the Home Energy Report was determined to be appropriate given the constraints faced by ENS. ENS determined that, to reduce DSM inv...

AI summary ENS removed the Home Energy Report to reduce DSM investments, citing constraints. They reduced Enabling Strategies investment by $4.7M but plan to continue research. Enabling Strategies are critical for future programs and optimizing costs.

percent have restricted their Performance Targets to include the metrics of energy savings and peak demand savings. Jurisdictions also sometimes include a metric associated with costs or expenditures. ENS Performance Targets: ENS agrees wi...

AI summary ENS agrees with Dunsky's recommendation to align Performance Targets with Subsection 79A(b)(v) of The Public Utilities Act , focusing on cumulative energy and peak demand savings. ENS proposes annual Performance Indicators including Total Ratepayer Benefits, Total Spending, and Customer Satisfaction, but excludes Total Spending as a Performance Target due to inherent business risks.

4.5.1 Transition Update The Public Utilities Act established "Efficiency Nova Scotia" as a franchise starting January 1, 2015. The franchise holder has the exclusive right to supply NS Power, which must purchase all reasonably available, c...

AI summary The Public Utilities Act established 'Efficiency Nova Scotia' as a franchise starting January 1, 2015, with EfficiencyOne as the first franchise holder. ENSC transitioned to EfficiencyOne by January 2015, transferring all assets except historical HST claims to ENSTC. EfficiencyOne operates under the franchise agreement, using the 'Efficiency Nova Scotia' brand for energy efficiency activities.

Grant Thornton, Maintaining sufficient reserves to protect your not-for-profit organization, Spring 2010 p. 7. 1 ENS has identified the following risk factors: 2 • Termination or expiration of the franchise; 3 • Reduction in other funding...

AI summary Efficiency Nova Scotia (ENS) identifies risks related to the termination of its franchise, changes in funding sources, and external factors. These risks include financial liabilities from franchise wind-up, potential absorption of non-discretionary costs if provincial funding is reduced, and external impacts on program delivery.

of these options were given serious consideration by ENS and reviewed with the DSM Advisory Group over the last two years. The PAC test is recommended by ENS, based on the following input from Dunsky: • The PAC test is inherently balanced....

AI summary ENS recommends the PAC test for cost-effectiveness due to its balance, ratepayer value reflection, and alignment with the Public Utilities Act. Dunsky's report suggests applying PAC at program/portfolio levels for information and sector levels for decision-making, while re-examining discount rates. ENS will provide sector-level results for information purposes.

4.3.4 Regulatory Affairs As approved in the 2015 DSM Resource Plan, Regulatory Affairs initiatives outside of specific research conducted for DSM Resource Plans or Potential Studies are categorized as Enabling Strategies. As with other Ena...

AI summary Regulatory Affairs initiatives, categorized as Enabling Strategies, are essential for future energy savings. These include UARB costs, DSM Advisory Group activities, stakeholder consultations, and legal work. Approvals for these activities are necessary to achieve ongoing and future energy savings.

2. Contracted Deliverables ENS is proposing a three-year contracted deliverable of cumulative energy and peak demand savings. A three-year deliverable is consistent with previous multi-year DSM Plans, other jurisdictions and the Public Uti...

AI summary ENS proposes a three-year contracted deliverable for cumulative energy and peak demand savings, aligning with previous multi-year DSM plans, other jurisdictions, and the Public Utilities Act.

Multi-Year Plans A Dunsky report, Regulatory Oversight – A Balanced Approach for Efficiency Nova Scotia, January 24, 2012, included in ENSC's 2013-2015 DSM Plan Application as Appendix B, points out that ENS operates in an extremely comple...

AI summary The Dunsky report (2012) highlights ENS's challenges in a competitive market, emphasizing the discretionary nature of energy efficiency and the need for flexibility. The 2016-2018 DSM Plan aims to ensure program accessibility through a balanced portfolio, adapting to market conditions and stakeholder needs.

Update on Implementation of 2013 Verification and Evaluation Recommendations B C E F G K 2 Recommendation Text Source Status ENSC Comments on Recommendation Expected Period of Completion

AI summary This section outlines an update on the implementation of 2013 verification and evaluation recommendations. It includes a table with columns for recommendation text, source, status, ENSC comments, and expected period of completion.

Assumptions used in ENS's 2016-2018 Rate and Bill Impact Analysis Stakeholder Stakeholder Comment ENSC's Response Inclusion in the model Stakeholder Stakeholder Comment ENSC's Response Inclusion in the model

AI summary This section outlines the assumptions used in ENS's 2016-2018 Rate and Bill Impact Analysis, including stakeholder comments, ENSC's responses, and whether each was included in the model. It reflects the regulatory process of evaluating assumptions and stakeholder input in rate and bill impact analysis.

1.1 Report Purpose This report contextualizes the proposed level of investment in demand-side resources for 2016 to 2018 in Efficiency Nova Scotia's (ENS) three-year Demand-Side Resource Plan. We consider levels of demandside resource inve...

AI summary This report evaluates the proposed investment in demand-side resources for 2016–2018 under Efficiency Nova Scotia's (ENS) three-year plan, assessing their value to Nova Scotians and compliance with the Public Utilities Act .

Mandate As ENS moves into development of its fourth plan – and the first in its new role as franchise holder – it is seeking to define a set of principles or considerations to guide appropriate plan design. Accordingly, ENS has asked us to...

AI summary Efficiency Nova Scotia (ENS) is developing its fourth plan as a franchise holder and seeks guidance on key principles for plan design, drawing on experiences from similar plans in Canada and the U.S.

JURISDICTIONAL REVIEW & RECOMMENDATIONS FOR EFFICIENCY NOVA SCOTIA PREPARED BY

AI summary This document outlines a jurisdictional review and efficiency recommendations for Efficiency Nova Scotia (ENS), focusing on regulatory oversight and program effectiveness. Key entities include Nova Scotia Power Inc. (NSPI) and the Nova Scotia Utility and Ratepayer Board (NSUARB). The review addresses DSM programs, HST implications, and TRC methodologies.

1. INTRODUCTION In 2014, under the Public Utilities Act , the government of Nova Scotia created a new model for the delivery of energy efficiency in the province. Under this model, the Efficiency Nova Scotia (ENS) Franchise was created, an...

AI summary In 2014, Nova Scotia established the Efficiency Nova Scotia (ENS) Franchise under the Public Utilities Act, transitioning to EfficiencyOne. The UARB oversees franchise performance, while Dunsky was commissioned to recommend Target Performance Indicators (TPIs) for ENS, based on a jurisdictional scan and Nova Scotia-specific context. The report outlines background, jurisdictional analysis, and TPI recommendations.

2.2. MAIN USES In our literature review, we have referenced three main uses for target performance indicators in a regulatory process: 1. They may be used for reporting , i.e. for information purposes only. In this case, the program admini...

AI summary The text outlines three primary uses of target performance indicators in regulatory processes: reporting, triggering contract/licence renewal, and performance incentives. Efficiency Nova Scotia focuses on reporting or licence renewal triggers rather than financial rewards, contrasting with U.S. practices where performance incentives are common. Examples include Manitoba Hydro, Oregon's OPUC, and ACEEE references.

3.3. CASE STUDIES Within the jurisdictions reviewed, we have elected to present five case studies in more detail: Vermont, District of Columbia, Massachusetts, Hawaii and Oregon.

AI summary The document presents five case studies from Vermont, District of Columbia, Massachusetts, Hawaii, and Oregon, focusing on energy efficiency and regulatory approaches in these jurisdictions.

APPENDIX A: REFERENCES - ACEEE. (2011). Carrots for Utilities: Providing Financial Returns for Utility Investments in Energy Efficiency. - ACEEE. (2015). Incentivizing Utility-Led Efficiency Programs: Performance Incentives. Retrieved from...

AI summary Appendix A lists references to energy efficiency studies, utility programs, and regulatory frameworks. Key entities include ACEEE, IEE, and OPUC, with topics focusing on performance incentives, utility regulation, and financial reserves. The letter discusses establishing a reserve account tied to long-term strategies, not arbitrary rules.

BRIEF HISTORY In the early 1980s, following on the heels of the second energy crisis, California's utilities moved to encourage improved customer energy efficiency. In order to provide a framework for judging the appropriateness of utility...

AI summary In the early 1980s, California's utilities developed standardized tests for DSM spending following the second energy crisis, leading to the creation of the Standard Practice Manual (SPM) by the California Energy Commission and California Public Utilities Commission in 1983. Subsequent revisions have been largely cosmetic.

Finally, it is worth mentioning that in all cases, the tests were initially devised to provide guidance to inform reasonable judgment, rather than to be used individually as a hard "go/no-go". To wit: "The tests set forth in this manual ar...

AI summary The text emphasizes that cost-effectiveness tests are meant to guide decision-making rather than serve as rigid thresholds. It references a 2001 California document stressing the need for a multi-perspective approach, noting that while some regions maintain this intent, others have shifted toward using single-test thresholds.

al sector we note a recurring focus on such measures as deep envelope retrofits, solar hot water, and advanced construction techniques, among others, needed to secure deeper, long-term energy savings. This is not a theoretical issue. In fa...

AI summary The text addresses the tension between policy goals and TRC cost-effectiveness tests in Demand Side Management (DSM), arguing that TRC-negative measures may be essential to achieve deeper energy savings. It references British Columbia's Clean Energy Act, which mandates energy savings exceeding TRC constraints, highlighting the conflict between regulatory frameworks and cost-effectiveness criteria.

RECENT CHANGES TO STANDARD PRACTICES

AI summary The document outlines recent updates to standard practices in Nova Scotia's regulatory proceedings, involving entities like NSPI, ENS, and UARB. Key topics include energy efficiency programs, demand-side management, and regulatory frameworks. No specific arguments or cross-references are detailed in the provided text.

OPTION B. MOVE FOCUS TO PAC TEST The other primary option for Nova Scotia is to focus instead on the narrower but more straightforward PAC test. Using the PAC test provides a clear measure of a program's (past or anticipated) performance,...

AI summary Option B advocates shifting to the PAC test for evaluating DSM programs, emphasizing its clarity, symmetry in cost-benefit analysis, and alignment with other jurisdictions like Connecticut and Michigan. It addresses concerns about equity and non-electric energy impacts through policy exceptions and dedicated funding. The PAC test is seen as more accurate and straightforward compared to TRC, with existing familiarity among stakeholders.

- Fuchs, L., Skumatz, L. A., & Ellefsen, J. (2006). Non-Energy Benefits (NEBs) from Energy Star: Comprehensive Analysis of Appliance, Outreach and Homes Programs. ACEEE Summer Study on Energy Efficiency in Buildings , (pp. 2.79 - 2.89). As...

AI summary The document references studies and reports on energy efficiency program evaluations, non-energy benefits (NEBs), and cost-effectiveness methodologies. Key topics include DSM cost-effectiveness analysis, NEB quantification, and regulatory frameworks for energy efficiency. Entities include ACEEE, Efficiency Vermont, and Nova Scotia government publications, with cross-references to Vermont regulatory proceedings.

Supply Agreement for Electricity Efficiency and Conservation Activities

AI summary The document outlines a supply agreement focused on electricity efficiency and conservation activities in Nova Scotia. It references regulatory proceedings involving Nova Scotia Power Inc. (NSPI) and Efficiency Nova Scotia (ENS), with potential implications for demand-side management (DSM) programs and utility regulatory oversight.

19. DISPUTE RESOLUTION - 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the dispute and the Parties...

AI summary The dispute resolution process requires EfficiencyOne and NSPI to meet promptly to resolve disputes within 30 days (or 10 days for urgent matters). If unresolved, disputes are referred to the UARB per Section 79P of the Act. EfficiencyOne must continue EECA implementation unless UARB authorizes suspension.

20.2 Notwithstanding any other provision in this Agreement, in the event this Agreement is terminated in accordance with Section 20.1(a), EfficiencyOne shall: (a) Immediately return all monies paid on account of the Contract Price which am...

AI summary The section outlines default and termination provisions, requiring EfficiencyOne to return unspent funds and provide transition assistance if the agreement is terminated. Default events include breach of terms, bankruptcy, or assignment of the agreement. The agreement is subject to UARB supervision.

22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...

AI summary EfficiencyOne must maintain records of EECA compliance for 36 months post-term. NSPI may request UARB access to these records and inspect EECA implementation, with EfficiencyOne required to facilitate inspections. This outlines audit and inspection obligations under the agreement.

26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...

AI summary The agreement outlines legal terms for renewal based on the Act, specifies EfficiencyOne as an independent contractor, governs by Nova Scotia and Canadian laws, and requires UARB approval for amendments. It emphasizes jurisdiction of the Supreme Court of Nova Scotia and irrevocable attornment to its jurisdiction.

2.3.1 Contact with Natural Resources Canada NRCan was contacted in October and asked to provide documentation, including market analyses produced for of all the evaluated regulations. For reference purposes, the protocol used by the Econol...

AI summary Natural Resources Canada (NRCan) was contacted in October to provide documentation, including market analyses for evaluated regulations. The protocol used by Econoler and its subcontractor CRA for conducting the interview with NRCan is detailed in Appendix I.

V. Savings Verification Approach The savings verification review was conducted as follows: - During the year, we conducted a set of due diligence site visits for each program. These provide an independent view of each program and of any ob...

AI summary The Savings Verification Approach involved site visits, tracking system reviews, and evaluation of installed energy savings. Focus was on methodological rigor rather than mathematical checks, with endorsement of evaluator recommendations. Key findings include program improvements and measurement enhancements.

O. Custom New Construction (Full-Scale) This Business, Non-Profit and Institutional (BNI) program provides prescriptive rebates to organizations for the implementation of above-code building envelope, lighting and HVAC design implementatio...

AI summary The BNI program offers rebates for energy-efficient commercial construction. The 2014 evaluation used ASHRAE and IPMVP methods, recommending calibration analysis and delaying NECB 2011 baseline adoption until common practice. Code enforcement challenges (underfunding, inspector focus on health/safety) justify using current practices instead of new codes. The evaluation is deemed competent but data-limited.

2 Department of Energy's Better Buildings and Commercial Building Alliance 3 programs. 4 5 Q. WHAT ARE YOUR RESPONSIBILITIES AS SENIOR VICE PRESIDENT 6 FOR ICF? 7 A. I manage ICF's delivery of regulatory policy and planning engagements, 8...

AI summary The testimony discusses the responsibilities of the Senior Vice President at ICF, focusing on regulatory policy and energy efficiency business development. The individual has previously testified before multiple regulatory commissions on energy efficiency and ratemaking topics. The purpose of the testimony is to evaluate the sufficiency of information provided by EfficiencyOne for informed decisions on program prudence.

15 Appropriateness of the Proposed DSM Program Portfolio - 17 Q. HAVE YOU REVIEWED EFFICIENCYONE'S APPLICATION AND 18 PROPOSED PORTFOLIO OF DSM PROGRAMS? - 19 A. Yes, I have reviewed the Application and proposed programs and find 20 three...

AI summary The reviewer identifies three issues with EfficiencyOne's DSM program proposal: incomplete information, potential excessive budgets, and insufficient alternate scenarios. Recommends rejecting the plan and evaluating alternatives.

11 Q. HOW DO YOU RECOMMEND THE UARB PROCEED? 12 A. I recommend that EfficiencyOne be directed to engage with NSP to 13 consider a broad range of program types and program expenditures, that 14 consider trade-offs between various policy obj...

AI summary The expert recommends that EfficiencyOne collaborate with NSP to evaluate diverse program types and expenditures, balancing policy objectives like rate impact, equity, and long-term resource needs. This process aims to ensure the UARB's approval of DSM portfolios reflects balanced, substantiated decisions.

12 Contractual, Reporting, and Approval Requirements - 14 Q. HAVE YOU REVIEWED EFFICIENCYONE'S PROPOSED "SUPPLY 15 AGREEMENT FOR ELECTRICITY ENERGY EFFICIENCY AND 16 CONSERVATION ACTIVITIES BETWEEN NOVA SCOTIA POWER 17 INCORPORATED AND EFF...

AI summary The reviewer evaluated EfficiencyOne's proposed agreement with Nova Scotia Power Inc. (NSP), finding it lacking in oversight, detail, and alignment with industry standards. The proposal requires more frequent reporting, stricter performance standards, and reduced autonomy for EfficiencyOne to ensure program reliability and compliance. The reviewer recommends enhanced scope descriptions, approval processes, and remedies for underperformance.

"A franchise - a) gives the franchise holder the exclusive right to supply Nova Scotia Power Incorporated with reasonably available, costͲeffective electricity efficiency and conservation activities for the purpose of this Act; - b) is for...

AI summary The franchise grants Nova Scotia Power Incorporated (NSPI) exclusive rights to deliver electricity efficiency and conservation activities, subject to a nine-year term, termination conditions, and 2015 legislation capping annual funding at $35 million plus over-recovery from 2013. Costs must be recovered over eight years, limited to the lesser of $35 million or UARB-approved amounts.

Low DSM Preliminary Demand and DSM

AI summary The document pertains to a regulatory proceeding involving Nova Scotia Power Inc. (NSPI) and the Nova Scotia Utility and Review Board (NSUARB), focusing on Low Demand Side Management (DSM) preliminary demand assessments. Key entities include NSPI, NSUARB, and DSM, with discussions centered on energy management and regulatory compliance.

Low DSM Preliminary CO 2 Emissions

AI summary Nova Scotia Power Inc. (NSPI) is analyzing preliminary CO2 emissions under the Low Demand Side Management (DSM) program, as part of a regulatory proceeding by the Nova Scotia Utility and Review Board (NSUARB). The analysis likely addresses the environmental impact of DSM initiatives on carbon emissions.

1 Request IR-5: 9 Section 26.7 of the Agreed Form of Supply Agreement attached as Appendix J to the Evidence 10 of E1 provides the approved Supply Agreement will not be amended except as agreed by NS 11 Power and E1 in writing (and approve...

AI summary The text discusses the Supply Agreement between NS Power and E1, emphasizing the Board's supervisory authority under the Public Utilities Act. It also addresses requests regarding discussions about a reserve fund for DSM programs and NS Power's response, noting that the reserve fund concept was not raised by E1 and that NS Power does not support the need for such a fund.

IT IS FURTHER ORDERED that the following revised timetable will apply to this proceeding: Preliminary Issues List Wednesday, March 18, 2015 NSPI Information Requests ("IRs") to E1 Wednesday, March 18, 2015 Filing of Notices of Intervention...

AI summary The document outlines a revised timetable for a regulatory proceeding, including deadlines for submitting information requests, evidence, and interventions. It also specifies that the Board's Regulatory Rules, particularly Rule 7(3), apply to the application.

2.0 BACKGROUND - [6] The Board considers it useful to set out some of the background of DSM in Nova Scotia to provide some context for this Decision. - [7] For a number of years prior to 2010, NSPI included requests for approval of spendin...

AI summary The document outlines the transition of demand-side management (DSM) in Nova Scotia from NSPI to Efficiency Nova Scotia Corporation (ENSC) under the Efficiency Nova Scotia Corporation Act. The Board oversaw this transition, requiring approval for ENSC's programs and cost allocations. The 2014 EECR Act amended the PUA and repealed the ENSC Act, redefining electricity efficiency and conservation activities.

3.5 Proposed 2016-18 DSM Resource Plan

AI summary The section outlines the proposed 2016-18 Demand-Side Management (DSM) Resource Plan, focusing on energy efficiency initiatives under Nova Scotia regulatory frameworks. Key entities include Nova Scotia Power Inc. (NSPI) and legislation such as the Electricity Efficiency and Conservation Restructuring (2014) Act (EECR Act).

3.5.2 Incentives [66] The Board, in its questioning of El's witnesses, and NSPI and the Industrial Group in their submissions, expressed significant concerns over the manner in which incentives are determined by El. It would appear from th...

AI summary The Board raised concerns about El's incentive structure for DSM programs, noting over 60% of the budget is allocated to participant incentives. Testimonies highlighted issues with justification, reasonableness, and lack of quantitative criteria. NSPI and the Industrial Group argued incentives may be excessive or poorly justified, while El's expert provided contrasting insights. The Board acknowledged concerns but found Mr. Dunsky's testimony more credible.

3.5.3 Affordability - [76] Having determined the parameters of a preferred plan, the Board is specifically directed by the 2014 amendments to the PUA to address the issue of affordability. The most relevant sections are Section 79L(8) and...

AI summary The Board must assess affordability of electricity efficiency programs under PUA amendments (Sections 79L(8)-(9)), shifting from traditional lowest long-term cost criteria. Affordability has long been relevant in rate shock discussions and capital expenditure reviews, with Section 79L(9) explicitly requiring affordability evaluation. The Industrial Group emphasizes affordability in its post-hearing submission.

3.5.5 Cost Effectiveness Screening [99] Although the Board has not approved the Quantum Agreement, Section 7 contains a provision which states as follows: Through collaboration within the DSM Advisory Group the parties agree to work to ach...

AI summary The Board has not approved the Quantum Agreement but allows the DSM Advisory Group to develop a consensus methodology for cost-effectiveness screening. The existing TRC methodology remains in place, with the Board cautioning that abandoning it requires a compelling case.

3.10.1 Findings [121] The Board has reviewed the Supply Agreement and has no comments at this time. El is ordered to complete the Supply Agreement incorporating the Board's Decision as a part of its Compliance Filing.

AI summary The Board reviewed the Supply Agreement and has no comments but ordered El to complete it, incorporating the Board's decision into the Compliance Filing.

3.12 Establishment of a Standardized Filing for Future Applications to approve a DSM Supply Agreement [124] The Consensus Agreement proposed to establish a standardized filing for future applications by El. The parties to the Consensus Agr...

AI summary The Consensus Agreement proposes a standardized filing for future DSM Supply Agreement applications, including energy savings, cost-effectiveness analysis, and rate impact details. The DSM Advisory Group will discuss and report back to the Board. El agrees to provide technical data in future plans.

ogramming for low income renters within the Plan approved by the Board. [136] The Board notes, however, its limited role, as pointed out by Counsel for the Industrial Group in its closing submission: 32. It is not the role of the Board to...

AI summary The Board emphasizes its limited role in supporting industry or addressing job creation, stating these are provincial policy matters. It reaffirms jurisdiction over DSM plans under PUA sections 79L(8)-(9), focusing on customer interests and affordability. The Industrial Group's submission highlights that businesses outside E1's preferred suppliers can deliver efficiency programs.

APPENDIX A PARTIES, INTERVENORS, AND WITNESSES Parties Counsel Witnesses EfficiencyOne James R. Gogan, CA., LL.B. Panel No. I John Aguinaga, Chief Energy Technical Officer Director, Efficiency Programs Charles Faulkner, Regulatory Julie-An...

AI summary This appendix lists the parties, intervenors, and witnesses involved in the regulatory proceeding, including their counsel and witnesses. It provides a detailed breakdown of each entity and their associated legal representatives and consultants.

8) DSM ADVISORY GROUP DISCUSSIONS a) if consensus is not achieved on any of the above items to be addressed within the DSM Advisory Group, such Items wilt be presented to the UARB for determination.

AI summary If the DSM Advisory Group cannot reach consensus on items, they will be referred to the UARB for determination, highlighting the procedural mechanism for unresolved issues within the regulatory process.

APPENDIX D

AI summary The document text provided only contains the heading 'APPENDIX D' with no substantive content. No arguments, claims, or references are present in the text.

12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...

AI summary EfficiencyOne's performance under the Agreement is measured by the UARB according to Section 79M of the Electricity Efficiency and Conservation Act (EECA), as outlined in Schedule C - Performance Requirements.

19. DISPUTE RESOLUTION - 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the dispute and the Parties...

AI summary The dispute resolution process requires EfficiencyOne and NSPI to resolve disputes within 30 days (or 10 days for urgent matters). If unresolved, disputes are referred to the UARB under Section 79P of the Act. EfficiencyOne must continue EECA implementation unless UARB authorizes suspension.

- 20.2 Notwithstanding any other provision in this Agreement, in the event this Agreement is terminated in accordance with Section 20.1(a), EfficiencyOne shall: - (a) Immediately return all monies paid on account of the Contract Price whic...

AI summary Section 20 outlines termination procedures and default conditions. EfficiencyOne must return unspent funds and provide transition assistance upon termination. Default occurs via breaches, assignments, or insolvency. The agreement is subject to UARB oversight.

24. SHARING OF DATA AND INFORMATION - 24.1 EfficiencyOne shall work co-operatively with NSPI to provide NSPI with information and data from time to time in order to assist NSPI with planning and load forecasting as may be reasonably requir...

AI summary EfficiencyOne (E1) must cooperate with Nova Scotia Power Incorporated (NSPI) to share data for planning and load forecasting, adhering to past practices. NSPI may seek UARB intervention if disputes arise over data access requests.

26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...

AI summary The agreement outlines renewal conditions under the EECA, specifies EfficiencyOne as an independent contractor, governs by Nova Scotia and Canadian laws, and requires UARB approval for amendments. It also addresses jurisdiction, waiver provisions, and agreement execution.

4.3.4 Regulatory Affairs 1 2 3 4 5 6 7 8 9 As approved in the 2015 DSM Resource Plan, Regulatory Affairs initiatives outside of specific research conducted for DSM Resource Plans or Potential Studies are categorized as Enabling Strategies....

AI summary Regulatory Affairs initiatives outside of specific research for DSM Resource Plans are categorized as Enabling Strategies, which include UARB costs, DSM Advisory Group work, stakeholder consultation, and legal work related to regulatory initiatives.

"Schedule 1" Tre transferrent in late lines identificant to enjoyment freeziet. Sector intelligiet (restitut conscipration and finite originates to program into less Millsmett Assiste 2016 (1) Report Claffice Commerciary argued desurbs Ass...

AI summary The text discusses a report from 2016 by Millsmett and Assiste, which includes commercial arguments and assumptions, as well as the status of parliamentary indicators by rate class. It appears to be part of a regulatory proceeding.

NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act , R.S.N.S. 1989, c.380 as amended - and - IN THE MATTER OF: E-ENS-R-15 - EfficiencyOne Application for approval of a Supply Agreement for Electricity Efficienc...

AI summary The Nova Scotia Utility and Review Board is considering amendments to the Public Utilities Act and EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. for electricity efficiency and conservation activities. Matter No. M06733 is referenced.

NOVA SCOTIA MUNICIPAL ELECTRIC UTILITIES OF NOVA SCOTIA COOPERATIVE

AI summary The document outlines a regulatory proceeding involving the Nova Scotia Municipal Electric Utilities Cooperative. The acronym E1 refers to EfficiencyOne, which may be relevant to the proceeding.

NOVA SCOTIA UTILITY AND REVIEW BOARD FILE NO: M06733, E-ENS-R-15 APPLICANT: Efficiency Nova Scotia Corporation HEARING: Monday, June 15, 2015, @ 9:00 a.m.

AI summary This document outlines a regulatory proceeding involving Efficiency Nova Scotia Corporation, with a hearing scheduled for June 15, 2015. The file number and applicant are specified, indicating the start of a regulatory process.

Nova Scotia Utility and Review Board Mailing address PO Box 1692, Unit "M" Halifax. Nova Scotia B3J 353 board@novaS<:otia.ca http://nsuarb.novascotia.ca Office 3rd floor, 1601lowerWater Street Halifax. Nova Scotia 831 3P6 1 855 442-4448 (t...

AI summary The Nova Scotia Utility and Review Board requests EfficiencyOne to clarify whether documents in their application (M06733) require full confidentiality or if redaction suffices. The Board seeks detailed justification for confidential treatment under Regulatory Rule 12, with a deadline of June 29, 2015.

Nova Scotia Utility and Review Board Mailing address PO Box 1692, Unit "M" Halifax. Nova Scotia B3J 353 [email protected] http:/lnsuarb.novas<otia.ca Office 3rd Floor, 1601 Lower Water Street Halifax. Nova Scotia 83J 3P6 I 855 442·4448 (...

AI summary EfficiencyOne seeks approval for a supply agreement with Nova Scotia Power Inc. and a 2016-2018 DSM Plan. The Board allows public disclosure of Attachments 5 and 8 but maintains confidentiality for Attachments 2, 3, 6, and 7, citing concerns over revealing pricing methodologies and potential cost manipulation by suppliers.

VIA EMAIL Ms. Doreen Friis Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 1601 Lower Water Street, 3 rd Floor Halifax, NS B3J 3S3 Dear Ms. Friis: RE: M06733 An Application by EfficiencyOne for Approval of a Supply Ag...

AI summary The Small Business Advocate (SBA) submits closing arguments regarding EfficiencyOne's application for a supply agreement with Nova Scotia Power Inc. under the Public Utilities Act. The SBA is a signatory to two consensus agreements (Monetary and Non-Monetary) addressing issues raised by their consultant, John Athas.

rom Drazen Consulting Group, Inc. on Behalf of the Industrial Group, pp. 15-18. 60 Exhibit E-40, Direct Evidence from Drazen Consulting Group, Inc. on Behalf of the Industrial Group, p.19. 61 Transcript, June 18, 2015, pp.803. 62 Transcrip...

AI summary The text references exhibits and transcripts from a Nova Scotia regulatory proceeding discussing Demand Side Management (DSM) flexibility. Key entities include Drazen Consulting Group, Nova Scotia Power Incorporated (NSPI), and the Public Utilities Act (PUA). Evidence cited includes direct testimony and documents related to industrial group arguments and NSPI's position.

13 Rate and Bill Impact Analysis 14 - 15 In the Consensus Agreement, the Parties agreed to a process regarding rate and bill impact - analysis[4](#page-7-2) 16 . 17 - 18 Under this agreement, EfficiencyOne has agreed to develop, in consult...

AI summary EfficiencyOne agrees to revise its rate and bill impact analysis with DSM Advisory Group input, including fixed cost contributions, and to file annual historical analyses. It argues against dismissing its current analysis, emphasizing its intent to show long-term DSM benefits rather than detailed projections, and cites Synapse consultant Tim Woolf's recommendations.

16 Performance Targets, Indicators, and Thresholds 17 18 In the Consensus Agreement, the Parties came to an agreement with respect to Performance Targets, Indicators, and Thresholds.[6](#page-8-2) 19 The Parties agreed that Performance Tar...

AI summary The Parties agreed on three-year performance targets, 90% compliance thresholds, and specific energy and demand savings targets (405.9 GWh and 62.5 MW). EfficiencyOne seeks Board approval for these terms in the Consensus and Quantum Agreements.

380, s 79(h). - 1 (3) Affordability to Nova Scotia Power ratepayers; - 2 (4) Feedback received from NS Power during negotiations; - 3 (5) Maintaining a viable DSM delivery system within Nova Scotia. 5 Having regard to all of the foregoing,...

AI summary EfficiencyOne defends its DSM Plan's adequacy, arguing it meets regulatory standards and citing the Electricity Efficiency and Conservation Restructuring (2014) Act. NS Power's claim that the plan lacks detail is rejected, with EfficiencyOne noting NS Power previously omitted detail as an interim administrator. The Board retains authority to approve DSM Plans despite negotiations between NS Power and EfficiencyOne.

riced. If you don't need it there's no point in selling it. The same goes for DSM. So you have to look at what the needs of the system are in terms of capacity, energy and reliability.[21](#page-9-0) 32. It is not the role of the Board to...

AI summary The Board rejects propping up industries, emphasizing job creation is a provincial policy matter. It notes businesses outside E1 can deliver efficiency. The Board stresses system needs for capacity, energy, and reliability over DSM programs. Nichent's intervention highlights alternative providers.

we would do is look to other jurisdictions to see if they offer similar programs and what incentives they offer and reach out to them and understand how they arrived at that, was there research, etc. But even in our – whether it's an estab...

AI summary The discussion focuses on methods used to determine incentive levels for energy programs, including research, customer surveys, and direct negotiations. Mr. Faulkner explains that marketing teams determine optimal price points through customer surveys, while acknowledging the process has varying levels of rigor. The Chair questions whether the process sufficiently prevents overpayment in incentives.

[short pause] Mr. Faulkner: Certainly we recognize that the customer classes don't – would prefer that we don't over spend under the current model, and we do our level best to manage that. It's worth pointing that that's to the detriment o...

AI summary Mr. Faulkner acknowledges challenges in managing rate classes under the current model, which may hinder customer energy-saving participation. The Industrial Group opposes E1's proposed 25% sector-level funding flexibility, arguing it could disproportionately impact customer classes and requests regulatory guidance to ensure equitable ratepayer management.

APPROPRIATE INCENTIVE LEVELS It is essential the incentives offered through DSM programming strike an appropriate balance. Incentive levels should only be set to the level needed to incent participation. At several times throughout the hea...

AI summary The document emphasizes the need for balanced incentives in Demand Side Management (DSM) programs, with the Board expressing concerns about overpayment. The Consumer Advocate supports rigorous evaluation processes, suggesting the DSM Advisory Group as a platform for submissions, leading to EfficiencyOne developing a protocol for implementation.

CONSENSUS AGREEMENTS The Board has been presented with two Consensus Agreements in this matter. The first, E-61, represents an agreement among EfficiencyOne, Consumer Advocate, Small Business Advocate, Affordable Energy Coalition and the E...

AI summary The Board considers two Consensus Agreements (E-61 and E-62) involving multiple stakeholders, including EfficiencyOne, NSPI, and advocacy groups. The agreements reference DSM spending and align with the Board's view that settlement agreements, when supported by all customer classes, serve the public interest. The Board emphasizes transparency in the settlement process, citing prior rulings in Nova Scotia Power Inc. , 2008 NSUARB 140 (CanLII).

E1 replied: Please refer to EfficiencyOne's response to NSPI IR-10 Attachment 1, filed electronically, for measure-level incentives modelled in the EL-RAM, which are provided in column BK. The modelled incentive dollars provided reflect ac...

AI summary E1's response to IR-12(g)(iv) was deemed non-responsive by NS Power, which argues that E1's submission lacked analysis and relied on unverified data. NS Power cites Board Regulatory Rules and precedents like Wolfson to assert the need for procedural fairness, emphasizing that E1's failure to adequately address the IR prejudiced NS Power's ability to respond to U-4. The Board's jurisdiction to manage undertakings and ensure full disclosure is highlighted.

l Whalen"[2](#page-3-0) and sets out Mr. Whalen's testimony in this regard: MS. CLARKE: Okay. And just one other question and I'm – perhaps I should have asked this of some of the previous panels. 2 NS Power Closing Submission, Page 11, Li...

AI summary The text discusses a regulatory proceeding involving EfficiencyOne and NS Power, focusing on whether the Board requires multiple scenarios when parties agree on spending. It clarifies that Mr. Whalen's testimony did not mandate multiple plan filings, referencing EfficiencyOne's testimony and the Public Utilities Act. The Industrial Group argues against requiring multiple plans for future consideration.

BLACKBURN ENGLISH BARRISTERS A A SOLICITORS E.A. Nelson Blackburn, Q.C. David F. English, B.Comm., LLB Joseph M.J. Cooper, Q.C. Janet Nolan Conrad, B.A., LLB Paul B. Miller, MBA, LLB Derek M. Land, B.A., LLB Martha L. Beyea, LLB Ellen R. B...

AI summary EfficiencyOne seeks approval for a 2016-2018 supply agreement with Nova Scotia Power Inc. under the Public Utilities Act. The Small Business Advocate confirms no reply submissions will be filed, reaffirming prior submissions dated July 8, 2015.

aring the matter have also thoroughly reviewed all of the material in advance of coming to a decision as to whether to approve the Agreement as being in the public interest. - [17] Settlement agreements, while relatively new in regulatory...

AI summary The Board considers a settlement agreement in the public interest, noting its stakeholder support and ability to resolve outstanding issues. The Consensus Agreement includes a provision to resubmit unresolved matters by June 30, 2016, ensuring timely resolution before the next DSM Plan submission.

ment of evaluations and programs, and also endorses many of the evaluator's recommendations that would improve measurement and evaluation. Some of the specific recommendations that were noted include: - Establishing a Nova Scotia Technical...

AI summary The Verification Report of 2014 OSM Programs (Peach) endorses evaluator recommendations to improve measurement and evaluation, including establishing a Nova Scotia Technical Resource Manual (TRM), developing evaluation guidelines, implementing formal protocols, and partitioning energy savings. The TRM was previously recommended and noted for completion in 2015.

3.5.2 Incentives [66] The Board, in its questioning of El's witnesses, and NSPI and the Industrial Group in their submissions, expressed significant concerns over the manner in which incentives are determined by El. It would appear from th...

AI summary The Board raised concerns about El's incentive design for DSM programs, noting over 60% of the budget is allocated to participants. Experts like Mr. Pickles and Mr. Drazen criticized the lack of justification and reasonableness in incentives, while NSPI argued El's plan lacks quantitative criteria and affordability analysis. Mr. Dunsky's testimony was favored, but concerns about incentive structure were acknowledged.

3.5.3 Affordability - [76] Having determined the parameters of a preferred plan, the Board is specifically directed by the 2014 amendments to the PUA to address the issue of affordability. The most relevant sections are Section 79L(8) and...

AI summary The Board is directed by 2014 PUA amendments to assess affordability in DSM programs under Section 79L(9). Affordability, previously considered in rate shock discussions and Annual Capital Expenditure Plans, now requires explicit evaluation. The Industrial Group highlights affordability's importance in its posthearing submission, while the Board must determine if Section 79L(9) alters its assessment of DSM expenditures.

3.7.1 Findings [114] The Board is satisfied that the provisions of the Consensus Agreement adequately address the ability of El to make mid-course adjustments and allow sufficient flexibility at the program level. Limiting the 25% adjustme...

AI summary The Board approves the Consensus Agreement's provisions allowing mid-course adjustments limited to 25% per program, reducing customer class impacts. The Industrial Group's participation is noted.

, programs which they hope will lead to positions in energy efficiency or sustainability businesses. They want to ensure that the "culture" of energy efficiency is maintained. They, too, supported El. [1331 Rev. Charles Bull, representing...

AI summary Stakeholders emphasized maintaining energy efficiency culture, supporting low-income participation, and ensuring equal access to DSM programs. Rev. Charles Bull highlighted environmental and social impacts of cutting El's Plan, while Julian Boyle noted disparities in DSM access. The Board acknowledged NSPI's contributions and urged El to address low-income renters. The Board also noted its limited regulatory role as per the Industrial Group's submission.

APPENDIX A PARTIES, INTERVENORS, AND WITNESSES Parties Counsel Witnesses EfficiencyOne James R. Gogan, CA., LL.B. Panel No. I John Aguinaga, Chief Energy Technical Officer Director, Efficiency Programs Charles Faulkner, Regulatory Julie-An...

AI summary This appendix lists the parties, intervenors, and witnesses involved in the regulatory proceeding. It includes legal counsel, key personnel from organizations, and consultants providing expert testimony.

8) DSM ADVISORY GROUP DISCUSSIONS a) if consensus is not achieved on any of the above items to be addressed within the DSM Advisory Group, such Items wilt be presented to the UARB for determination.

AI summary The DSM Advisory Group discussions outline that if consensus is not achieved on specific items, those items will be forwarded to the UARB for determination. Key entities involved include the DSM Advisory Group and the UARB.

8) RESERvATION OF RIGHTS a. This agreement is without prejudice to the rights of any Party or the position any Party may take on these issues in future proceedings. 2870094

AI summary The agreement does not affect the rights of the parties or their future positions on these issues. Parties retain their rights for future proceedings. The matter number '2870094' is cited.

ADDITIONAL ITEMS Where EfficiencyOne believes some clarification or confirmation of items resulting from the Board's Decision are required, they are included below.

AI summary EfficiencyOne seeks clarification or confirmation on items arising from the Board's Decision, as part of the Nova Scotia regulatory proceeding. The request pertains to unresolved issues requiring further interpretation or validation under the proceeding's context.

FINANCING DEFERRALS - The Board directed EfficiencyOne to enter into discussions with the Department of Energy and - commercial lenders to determine if there is a less expensive method to finance deferrals, and, if - so, whether that metho...

AI summary The Nova Scotia Utility and Review Board directed EfficiencyOne to explore cheaper financing methods for deferrals with the Department of Energy and commercial lenders, authorized under the Public Utilities Act. In 2015, EfficiencyOne commissioned Grant Thornton to assess financing options for Demand Side Management, leveraging a UARB-approved supply contract with Nova Scotia Power.

12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...

AI summary EfficiencyOne's performance under the Agreement is evaluated based on performance requirements established by the UARB under Section 79M of the Act, as detailed in Schedule 'C' – Performance Requirements.

1 SCHEDULE A 2 3 ELECTRICITY EFFICIENCY AND CONSERVATION ACTIVITIES 4 Schedule A 5 Electricity Efficiency and Conservation Activities 6 7 The figure below identifies the scope of savings (3-year Cumulative Annual Net Energy and Net 8 Peak...

AI summary The document outlines performance targets for Electricity Efficiency and Conservation Activities (EECAs) under Schedule A, requiring 90% achievement of cumulative energy and peak demand savings over three years. Non-compliance triggers a regulatory process, referencing Schedule E's EECA Plan and the Consensus Agreement adopted by the Board.

4.3.4 Regulatory Affairs As approved in the 2015 DSM Resource Plan, Regulatory Affairs initiatives outside of specific research conducted for DSM Resource Plans or Potential Studies are categorized as Enabling Strategies. As with other Ena...

AI summary Regulatory Affairs initiatives under NSPI's 2015 DSM Resource Plan are categorized as Enabling Strategies, critical for future energy savings. These include UARB costs, DSM Advisory Group activities, stakeholder consultations, and legal work for regulatory changes, emphasizing their foundational role in sustaining ongoing energy efficiency efforts.

4. ENABLING STRATEGIES Enabling Strategies are essential to ensure that ENS is able to increase awareness about energy efficiency, evolve services, and provide information and tools needed by Nova Scotians to make informed energy choices....

AI summary Enabling Strategies aim to increase energy efficiency awareness, evolve DSM services, and drive market transformation through education, innovation, and outreach. ENS highlights cost efficiencies from activities like LED Holiday Light Exchange and Appliance Retirement, while committing to long-term DSM goals despite short-term affordability concerns. Investments in initiatives like Passive House and PACE financing are emphasized.

(n) " Governmental Authority " means any federal, provincial, regional, municipal or local government or authority or other political subdivision thereof and entity or person exercising executive, legislative, judicial, regulatory or admin...

AI summary The text defines key legal terms such as 'Governmental Authority,' 'Hazardous Substances,' and 'Indemnified Costs,' providing detailed descriptions of their scope and implications in regulatory and environmental contexts.

12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...

AI summary EfficiencyOne's performance is evaluated by the UARB under Section 79M of the Act, as outlined in Schedule C.

19. DISPUTE RESOLUTION - 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the dispute and the Parties...

AI summary The dispute resolution process requires EfficiencyOne and NSPI to meet promptly to resolve disputes within 30 days (or 10 days for urgent matters). If unresolved, disputes are referred to the UARB per Section 79P of the Act. EfficiencyOne must continue EECA activities unless authorized by UARB.

ENERGY AND DEMAND SAVINGS TARGETS Participants agreed in the Consensus Agreement, and the Board approved, that performance targets would be set over the three year contract period and EfficiencyOne would be deemed to be in substantial comp...

AI summary Participants agreed to set performance targets for energy and peak demand savings over three years, with 90% compliance required. The Board approved this, stating targets are achievable but allowing EfficiencyOne to request revisions if needed. The Industrial Group argues any reduction applications should trigger a regulatory process.

INCENTIVES REPORT With respect to incentives, the Board directed E1 to undertake research and make recommendations on a more rigorous program, to be filed with the Board by March 31, 2016. E1 requested an extension to June 30, 2016, to all...

AI summary The Board directed E1 to propose a more rigorous incentive program by March 31, 2016. E1 requested an extension to June 30, 2016, with the Industrial Group supporting the extension if revisions can be implemented promptly. The Industrial Group also recommends preserving flexibility to adjust incentives in long-term contracts.

investigation, proceeding or claim; and - (iii) any costs, liabilities or damages arising out of a settlement of a claim by the indemnified party, with or without the consent of the indemnifying party. - (q) " Law " means the common law, t...

AI summary The text defines key terms in a regulatory proceeding, including legal frameworks, indemnification obligations, and party roles. It references NSPI, EfficiencyOne, and EECA, with definitions covering liabilities, laws, and statutory obligations under the Act.

9. EFFICIENCYONE'S COVENANTS - 9.1 EfficiencyOne warrants, covenants and agrees with NSPI that: - (a) it has all requisite capacity and authority to execute, deliver and perform its obligations under this Agreement; - (b) this Agreement ha...

AI summary EfficiencyOne's covenants under its agreement with NSPI include legal enforceability, compliance with laws, proper execution of EECA, and responsibilities for subcontractors. It also requires notification to UARB and NSPI in case of supply disruptions.

12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M of the Act as...

AI summary EfficiencyOne's performance under the Agreement is evaluated by the UARB based on Schedule C's performance requirements, as mandated by Section 79M of the Act. The UARB establishes these requirements under the Act's provisions.

19. DISPUTE RESOLUTION - 19.1 In the event of a dispute in connection with this Agreement, a senior representative of EfficiencyOne and a senior representative of NSPI shall promptly meet to discuss and resolve the dispute and the Parties...

AI summary The section outlines dispute resolution steps between EfficiencyOne and NSPI, requiring prompt meetings and resolution within 30 days (or 10 for urgent matters). If unresolved, disputes are referred to the UARB under Section 79P of the Act. EfficiencyOne must continue EECA unless UARB authorizes suspension.

- 20.2 Notwithstanding any other provision in this Agreement, in the event this Agreement is terminated in accordance with Section 20.1(a), EfficiencyOne shall: - (a) Immediately return all monies paid on account of the Contract Price whic...

AI summary Section 20 outlines default and termination provisions, requiring EfficiencyOne to return unspent funds and provide transition assistance to NSPI upon termination. The agreement is subject to UARB supervision, and Events of Default include breaches, unauthorized assignments, bankruptcy, or asset transfers. EfficiencyOne may charge reasonable fees for transition services.

22. AUDIT AND INSPECTION - 22.1 EfficiencyOne shall, during the Term and for a period of thirty-six (36) months thereafter, keep accurate records of all EECA supplied to NSPI, as necessary to determine that the EECA was provided in accorda...

AI summary EfficiencyOne must maintain records of EECA provided to NSPI for 36 months post-term. NSPI may request UARB access to these records and inspect EECA activities, with EfficiencyOne required to facilitate inspections. This outlines audit and inspection obligations under the agreement.

26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...

AI summary The agreement outlines renewal conditions tied to the Act, enforces Nova Scotia and Canadian law governance, defines EfficiencyOne as an independent contractor, and requires UARB approval for modifications. It specifies jurisdiction in Nova Scotia, prohibits waiver of breaches, and mandates English language use for the agreement.

27. SURVIVAL 27.1 Subject to the provisions of the Act, all provisions of this Agreement which by their express terms or nature are continuing shall survive the expiration or termination of this Agreement, including, without limitation, th...

AI summary This section outlines the survival of specific provisions in the Agreement upon its expiration or termination, including those related to the EECA Plan, confidentiality, indemnity, and intellectual property, among others.

PERFORMANCE REQUIREMENTS

AI summary The section outlines performance requirements for utilities, involving Nova Scotia Power Incorporated (NSPI), Electricity Efficiency and Conservation Activities (EECA), and regulated by the Nova Scotia Utility and Review Board (UARB). It addresses compliance standards and potential regulatory oversight.

(PAGE 1 OF 2) - I. UARB-APPROVED PERFORMANCE TARGETS, THRESHOLDS, AND INDICATORS[5](#page-28-0) - a) Performance Targets and Thresholds: - i. Performance Targets are set over the three-year contract period, rather than annually. - ii. Effi...

AI summary The UARB-established performance targets for EfficiencyOne require 90% achievement on two metrics—cumulative annual energy and peak demand savings—over a three-year period. Non-compliance triggers regulatory action. Indicators include annual and lifetime savings, ratepayer benefits, and customer satisfaction. The framework stems from a 2015 Consensus Agreement approved by the UARB in Decision M06733.

And whereas in accordance with the Supply Agreement, and the Electricity Efficiency and Conservation Act (Nova Scotia) and the Public Utilities Act (Nova Scotia) (together hereinafter referred to as the "Legislation"), and as may be direct...

AI summary The text outlines a preamble to an agreement between parties involved in a regulatory proceeding, referencing legislation such as the Electricity Efficiency and Conservation Act and the Public Utilities Act, and the role of the Nova Scotia Utility and Review Board in overseeing the process.

4.3.4 Regulatory Affairs As approved in the 2015 DSM Resource Plan, Regulatory Affairs initiatives outside of specific research conducted for DSM Resource Plans or Potential Studies are categorized as Enabling Strategies. As with other Ena...

AI summary Regulatory Affairs initiatives, categorized as Enabling Strategies under the 2015 DSM Resource Plan, are essential for future energy savings. These include UARB costs, DSM Advisory Group work, stakeholder consultations, and legal efforts. Approvals for these activities are necessary to maintain ongoing energy savings.

- 20.2 Notwithstanding any other provision in this Agreement, in the event this Agreement is terminated in accordance with Section 20.1(a), EfficiencyOne shall: - (a) Immediately return all monies paid on account of the Contract Price whic...

AI summary Section 20 outlines termination obligations, default events, and regulatory oversight. Upon termination, EfficiencyOne must return unspent funds and provide transition assistance to NSPI. Default includes breaches, unauthorized assignments, bankruptcy, or asset transfers. The agreement is supervised by the UARB.

26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...

AI summary The agreement outlines renewal conditions, binds successors, defines EfficiencyOne as an independent contractor, specifies governing laws (Nova Scotia and Canada), waives prior breaches, emphasizes contractual timeframes, requires UARB approval for modifications, ensures enforceability of remaining provisions if parts are invalid, mandates English language, and allows electronic execution in counterparts.

27. SURVIVAL 27.1 Subject to the provisions of the Act, all provisions of this Agreement which by their express terms or nature are continuing shall survive the expiration or termination of this Agreement, including, without limitation, th...

AI summary This section outlines that certain provisions of the agreement will continue to apply even after the agreement's expiration or termination, including those related to the EECA Plan, confidentiality, indemnity, and other general provisions.

SCHEDULE B

AI summary The document is Schedule B from a Nova Scotia regulatory proceeding involving utility and energy-related stakeholders. Key entities include Nova Scotia Power Incorporated, the Nova Scotia Utility and Review Board, and various advocacy groups. The context highlights regulatory acronyms and potential topics related to energy policy and consumer advocacy.

4.3.4 Regulatory Affairs 1 2 3 4 5 6 7 8 9 As approved in the 2015 DSM Resource Plan, Regulatory Affairs initiatives outside of specific research conducted for DSM Resource Plans or Potential Studies are categorized as Enabling Strategies....

AI summary Regulatory Affairs initiatives, categorized as Enabling Strategies, are essential for future energy savings. These include UARB costs, DSM Advisory Group activities, stakeholder consultation, and legal work related to regulatory initiatives, as approved in the 2015 DSM Resource Plan.

- The lender community perceived the negotiation of the initial DSM Plan to be acrimonious between EfficiencyOne and NSPI (each a "Party" and collectively the "Parties"), thus leading to increased concern as to the ability of the Parties t...

AI summary The lender community expressed concerns about past tensions between EfficiencyOne and NSPI during DSM Plan negotiations, impacting future collaboration. Financing of $102.1M over 2016–2018 faces uncertainty due to pricing risks, with lenders requiring NSPI guarantees. Full three-year funding commitments may increase interest rates, though lenders believe tranches can be secured if NSPI’s risk profile remains stable.

ivities that are reasonably available in an effort to reduce costs for its customers. Public Utilities Act, section 79A to 79V, and Electricity Efficiency and Conservation Restructuring (2014) Act.

AI summary Nova Scotia Power Inc. (NSPI) is implementing demand-side management (DSM) initiatives to reduce customer costs through available efficiency activities. The proceeding references the Public Utilities Act (sections 79A-79V) and the Electricity Efficiency and Conservation Restructuring (2014) Act as legal frameworks governing these efforts.

- rating and demonstrated capacity to fund the annual required payments to EfficiencyOne should an external debt structure be pursued. - Key risk areas identified by the lending community included (i) the risk of investment overspending by...

AI summary The text outlines risks identified by lenders regarding EfficiencyOne's DSM Plan, including overspending, unmet energy efficiency targets, and NSPI's potential non-payment. Concerns include acrimonious negotiations between EfficiencyOne and NSPI, challenges in securing full financing, and reliance on UARB oversight for future DSM Plan approvals.

and stakeholder presentations to the Board of Directors and City Council. - In 2013, acted as engagement partner in advising on the strategy development for a power distribution utility in regards to - evaluating options for acquisition, m...

AI summary The text outlines professional engagements in utility and infrastructure sectors, including advising on acquisitions, financial modeling for power projects, and participation in regulatory rate hearings. Key roles involve Newfoundland Public Utilities Commission, Metrolinx, and renewable energy projects, with emphasis on financial strategies and stakeholder presentations.

M06733 - EfficiencyOne - Financing DSM Grant Thornton Report (E-ENSC-R-15) This is further to your letter dated November 13, 2015, filing the Grant Thornton Report. The matter has been referred to the panel who will consider further action...

AI summary The Board identifies a timeline inconsistency in EfficiencyOne's Grant Thornton Report, noting the report was filed seven weeks before January 1, 2016, yet recommends a 12-week process ending on that date, which the Board deems impossible. Further instructions will follow.