Topic:"Regulatory Oversight" in M12339

ansmission or distribution facilities. Despite that NSPI participated in M10293, it never raised any impediment to net billing until such time as a request for interconnection was made. [2](#page-2-0) Apart from net billing, REI would also...

AI summary Nova Scotia Power Inc. (NSPI) does not allow the purchase of full generation output from renewable energy generators connected directly to the distribution system, citing legal restrictions. REI seeks to purchase such energy, but NSPI argues it is not permitted under current laws. The Board appointed ECI to address this issue, but the report did not directly address the matter.

The Board's Jurisdiction REI is requesting that the Board exercise its discretion under s. 3G(1) of the Electricity Act to require that NSPI amend or create a new tariff that is necessary to develop the RtR Market in Nova Scotia. Specifica...

AI summary REI is requesting the Board to exercise its jurisdiction under the Electricity Act and Public Utilities Act to create or amend tariffs to support the development of the RtR Market in Nova Scotia, including net meter billing and aggregation of excess electricity. The request also references the Energy and Regulatory Boards Act, emphasizing the need for fair and competitive tariffs.

3.1 Statutory Interpretation [10] The interpretation of legislation is guided by well recognized principles applied by courts and tribunals throughout the country. In Canada (Minister of Citizenship and Immigration) v Vavilov , 2019 SCC 65...

AI summary The text discusses principles of statutory interpretation, referencing key legal cases such as Vavilov and Rizzo & Rizzo Shoes Ltd. , which emphasize that statutory provisions should be interpreted in context, in line with the Act's scheme and intent. It also mentions the Interpretation Act as a source of guidance for statutory interpretation.

Retail customer and renewable low-impact electricity - 18 (1) A retail supplier who meets the requirements in Section 19 may sell renewable low-impact electricity generated within the Province and a retail customer, other than a customer o...

AI summary The section outlines the rights of retail customers and suppliers in the sale of renewable low-impact electricity within Nova Scotia. It ensures that retail suppliers can sell such electricity, and retail customers can purchase it without discrimination. Emission credits are transferred to the customer, and the Board has authority to enforce these provisions.

electricity, retail suppliers need procedures to allow them to interconnect resources to NS Power's grid and market rules to facilitate renewable low-impact electricity purchases by retail suppliers. [24] Clause 22(1)(g) puts an obligation...

AI summary The document discusses Nova Scotia Power's obligations under the renewable to retail regime, including the need for procedures and market rules to facilitate renewable electricity purchases by retail suppliers. It references the Electricity Reform (2013) Act and statements by the Minister of Energy about promoting competition and choice for ratepayers.

3.4.1 Findings [54] The Board agrees with NS Power that its obligations under s. 22 of the Electricity Act are not open-ended and it has no duty to facilitate "any and all" aspects of Renewall's business plans. However, NS Power must "faci...

AI summary The Board agrees with NS Power that its obligations under s. 22 of the Electricity Act are not open-ended, but it must facilitate the purchase of renewable low-impact electricity as specified in Section 18. The Board also notes that the wording in s. 22 has changed from previous versions of the statute.

Background The Board Decision in which it approved the Company's RtR Tariff application did not address the issue of interruptible service in the RtR Market. NS Power's application for the approval of RtR tariffs in Matter number M06214 at...

AI summary The document discusses challenges in implementing interruptible service in the RtR market, including the need for revised tariff provisions, penalties for non-compliance, and coordination with the LRS and NPCC. NS Power and Renewall have discussed potential solutions, including performance commitments and similar commercial terms to existing agreements.

s." The EBS Tariff is not designed to facilitate the sale of renewable low-impact electricity by RtR customers with "generation coming from different classes of generation at different locations." Throughout the Board Electricity Retailers...

AI summary The EBS Tariff does not support the sale of renewable low-impact electricity by Real-Time Retail (RtR) customers. The BER Regulations distinguish between 'Renewable Low-Impact Electricity Generator' and 'Behind-the-Meter' in the context of sales and procurement, with specific reporting requirements for License Holders.

NOTICE OF INTERVENTION OF: CONSUMER ADVOCATE TAKE NOTICE that the Consumer Advocate hereby intervenes in the above Application and proceeding. The Consumer Advocate represents the interests of residential ratepayers, who may be impacted by...

AI summary The Consumer Advocate intervenes in the proceeding, representing residential ratepayers. They will address issues raised by the Energy Board and any other relevant matters. Legal representation is provided by Pink Larkin and InterGroup Consultants.

purchasing by a "retail customer", (as those terms are defined in s. 2(1) (b - c)) and then goes on to assign to the Board "all the power and authority necessary to implement this Section" (s. 3C(3)). NSPI refers to s. 3AA, 3A and its lega...

AI summary The document discusses the regulatory framework for retail electricity suppliers (LRS) in Nova Scotia, distinguishing them from public utilities like NSPI. It highlights that the Board's role is limited to licensing and overseeing market activities, not rate regulation. The RtR market involves 'retail customers' not governed by NSPI's Net Metering program. The Electricity Act does not mandate specific programs for LRS.

ns and requirements in the Regulations do not restrict generation to transmission-connected, and it appears the same hurdles would apply for a distribution connected generator to be certified as such. There are regulations for the intercon...

AI summary The document discusses the regulation of distribution-connected generation, noting that current regulations do not restrict generation to transmission-connected systems. It highlights the lack of a comparable mechanism to the OATT for the distribution system and suggests that allowing purchase of small distribution-connected renewable energy under a tariff would support renewable energy goals and market competition.

REI's and Nova Scotia Power Incorporated's (NSPI) Respective Positions In REI's submissions, it states that "The Board's authority over a LRS is not akin to regulation of a public utility, like NSPI. 4 " It further quotes from the Board, w...

AI summary REI argues that the Board's authority over LRS is different from regulating public utilities like NSPI, citing a 2024 Board decision. NSPI claims legislation does not permit REI's proposed purchases, while REI contends that legislative silence does not restrict LRS from purchasing renewable energy or excess electricity from retail customers.

Statutory Interpretation The SBA respectfully submits that all of the legislation, and the associated regulations, and the intention of the legislature when the legislation was introduced, must be consid~red when assessing whether there is...

AI summary The SBA argues that statutory interpretation must consider the full context of legislation and its intent, noting that while the legislation may not explicitly prohibit purchasing excess renewable energy from distribution-connected customers, it is not entirely silent on the matter, as section 3AA of the Electricity Act addresses this.

Legislative Context Section 3G(1) of the Electricity Act requires NS Power to develop and file with the Board tariffs and procedures "necessary to facilitate the purchase of renewable low-impact electricity as provided for in Section 3C."...

AI summary NS Power argues that Section 3G(1) of the Electricity Act requires it to develop tariffs for renewable low-impact electricity, but does not permit net billing or aggregation of surplus generation by LRSs. It emphasizes that existing legislation limits net metering and spill credit programs to NS Power customers, and that legislative amendments were made to explicitly allow self-generation and excess sale programs. NS Power disagrees with REI's interpretation, stating it would conflict with statutory interpretation principles.

Conclusion NS Power remains committed to supporting the advancement of renewable energy and the evolution of the RtR market within the framework established by legislation and regulatory direction. Yours truly, Jennifer Power Senior Regula...

AI summary NS Power reaffirms its commitment to advancing renewable energy and the Renewable to Retail market within the legislative and regulatory framework. The statement is signed by Jennifer Power, Senior Regulatory Counsel.

Words and Context The RtR Market and the regulation of a licensed retail supplier (" LRS ") is governed by ss.3B-3G of the Electricity Act . NSPI and SBA, in their interpretation of the Electricity Act, have failed to account for the disti...

AI summary The document discusses the regulation of the RtR Market and the distinction between NSPI as a public utility and the regulation of a licensed retail supplier (LRS) under the Electricity Act. It emphasizes the Board's authority to oversee the sale of renewable low-impact electricity and the need for tariffs that facilitate such purchases without unfairly restricting the market.

Purpose and Intention of Government The RtR provisions in the Electricity Act were introduced as part of the Energy Reform (2013) Act . When the Bill to amend the Electricity Act was introduced, it was made clear that the purpose was to pr...

AI summary The document outlines the purpose and intention of the government regarding the Retail-to-Retail (RtR) provisions in the Electricity Act , emphasizing the promotion of competition, renewable investment, and market adaptability. NSPI notes the slow progress of retail competition and the challenges faced by REI, the first Licensed Retail Supplier (LRS), in accessing renewable electricity and setting fair tariffs.

3&searchUrlHash=AAAAAQAtIk5vdmEgU2NvdGlhIiAiTmV0IG1ldGVyaW5nIiAiUmVndWxhdGlvbiAzLjYiAAAAAAE) , 2011 NSUARB 44 . This decision also recognizes the history of net metering in Nova Scotia at paras 5-11. 5 Premier's Office, Natural Resources a...

AI summary The text discusses the interpretation of net metering provisions in the RtR Market, arguing that they should not be seen as restricting net metering but rather encouraging renewable energy. It references the Interpretation Act and highlights the historical context of net metering in Nova Scotia, emphasizing that the SBA's assumption of an 'inherent restriction' is incorrect.

Conclusion The Electricity Act , and provisions pertaining to the RtR Market, must be given meaning based on the words used, within the context of the Act , read harmoniously with the purposes of the Act and particular provisions. The RtR...

AI summary The conclusion emphasizes that the Electricity Act allows the Board broad discretion in creating tariffs for the RtR Market to facilitate the sale of low-impact renewable energy. There are no legal restrictions on LRSs using the distribution system to access excess renewable electricity. REI requests the Board establish a process and timetable for implementing these tariffs.

- [1] Renewall Energy Inc. is a licensed retail supplier under the renewable to retail provisions in the Electricity Act , SNS 2025, c 18, Schedule. These provisions were added to the Electricity Act in 2013 and came into force in 2014. Th...

AI summary Renewall Energy Inc., a licensed retail supplier in Nova Scotia, has requested the NSUARB to expedite a process to amend or create new tariffs for distribution-connected generation and net billing. NS Power argues the Board lacks jurisdiction, but the Board asserts it has the authority to approve such tariffs and directs NS Power to engage with stakeholders and file an application by April 1, 2026.

3.1 Statutory Interpretation [10] The interpretation of legislation is guided by well recognized principles applied by courts and tribunals throughout the country. In Canada (Minister of Citizenship and Immigration) v Vavilov , 2019 SCC 65...

AI summary The document discusses the principles of statutory interpretation as outlined in the case of Canada (Minister of Citizenship and Immigration) v Vavilov, emphasizing that legislative provisions should be interpreted in their entire context and in line with the overall scheme and intention of the Act.

to purchase renewable low-impact electricity from retail suppliers, NS Power retains an underlying obligation to serve those customers, even when they obtain service from a retail supplier (s. 18(3)). - [19] Sections 19 and 20 of the Elect...

AI summary The document outlines the obligations of retail suppliers and NS Power under the Electricity Act. Retail suppliers must be licensed by the Board and follow specific regulations, including using Board-approved contracts and disclosure statements for small-volume customers. NS Power retains an obligation to serve customers even if they obtain service from a retail supplier.

rs to their customers that would otherwise be the responsibility of Nova Scotia Power and its customers. - [22] While it is not explicitly addressed in the legislation, it is understood that retail suppliers must be able to secure a supply...

AI summary The text discusses the responsibilities of retail suppliers in Nova Scotia, particularly their need to secure renewable low-impact electricity generated in the province. It notes that while this is not explicitly addressed in legislation, the Board indirectly regulates this through its approval of tariffs, procedures, and standards of conduct.

3.3 Net Metering [26] The net metering provisions in the Electricity Act are found in s. 6 and s. 7:

AI summary Section 3.3 of the document discusses net metering provisions under the Electricity Act, specifically referencing sections 6 and 7. These provisions are central to the regulatory framework governing net metering in Nova Scotia.

Program for customer to generate electricity - 6 (1) In this Section, "customer" means all metered accounts registered to the same person or entity under the same rate code in the same distribution zone. - (2) A public utility may develop...

AI summary This section outlines a program allowing customers to generate electricity for their own use and sell excess electricity to Nova Scotia Power at the rate they pay for electricity. The program applies to specific customer classes and generators with nameplate capacities over 27 kW. It also includes regulatory requirements for approval, data collection, and oversight by the Board.

[46] NS Power reiterates this in further submissions in this matter: While [Renewall] asserts that the absence of a prohibition implies permissibility, NS Power respectfully disagrees, as such an interpretation would be contrary to basic p...

AI summary NS Power argues that the absence of a prohibition in the Electricity Act does not imply permissibility, asserting that legislative amendments were intended to explicitly permit self-generation and excess sale programs. They emphasize that such explicit authority is necessary to ensure reliability, system integrity, and customer equity.

ards of conduct were not specifically prescribed in the first place, but left to the approval of the Board, any suggestion that they would be locked in at a certain point in time would be unusual, and would be expected to be addressed with...

AI summary The document discusses the legislative framework under the Electricity Act and the role of the Board in implementing the renewable to retail regime. It notes that the legislation provides the Board with broad authority to develop or amend standards of conduct and tariffs, with limited constraints to ensure fairness for independent power producers and retail suppliers.