Topic:"Regulatory Oversight" in M12696

2 Q9. WHAT IS THE PURPOSE OF YOUR TESTIMONY? 3 A9. I have been asked by NSPML to provide evidence on the expected challenges during early 4 operation of large infrastructure projects, good utility practice as it relates to the 5 maintenanc...

AI summary The testimony discusses challenges in infrastructure projects, emphasizes good utility practices for maintaining high-voltage and undersea transmission lines, and argues that assessing the Labrador Island Link (LIL) performance from May 2023 to April 2024 is appropriate. It also claims that failing to grant relief for 2023 outages and a 2024 weather event would be inappropriate regulatory policy.

mage to transmission facilities in Newfoundland. Including make-up energy, April 2024 NS Block deliveries exceeded contractual requirements. 1 of the contractual annual amount of the NS Block with that figure essentially being 2 eliminated...

AI summary The text states that NS Block deliveries exceeded contractual requirements in April 2024, with the contractual annual amount effectively eliminated by June 2024. This operational performance supports terminating the holdback mechanism, though the Board acknowledges the need to account for planned/unplanned outages due to maintenance or severe weather, aligning with utility practices.

15 Q35. WERE ANY OF THESE OUTAGES PART OF THE COMMISSIONING OF THE 16 LIL? 17 A35. No. The LIL was successfully commissioned as of April 14, 2023, meaning that the assets were turned over to the NLSO for regular operation.19 18 The commiss...

AI summary The Labrador-Island Link (LIL) was successfully commissioned by April 14, 2023, with no outages linked to the process. Commissioning involved testing, verification by NLSO and the Independent Engineer, and issuance of a Commissioning Confirmation Certificate. Non-critical 'punch list items' were noted but did not affect reliability or commissioning.

1 Q40. SHOULD THE HOLDBACK MECHANISM INCLUDE PROVISIONS THAT 2 SUPPORT ADHERENCE TO GOOD UTILITY PRACTICE? 3 A40. Yes. Regardless of the provisions of the holdback mechanism, NSPML and NS Power will 4 continue to operate their assets in ac...

AI summary The answer affirms that the holdback mechanism should include provisions supporting good utility practice. NSPML and NS Power argue that planned maintenance and proactive practices are essential to regulatory oversight and should be recognized in evaluating the Maritime Link's performance for termination of the holdback mechanism.

13 Q47. SHOULD THERE BE AN ALTERNATE REGULATORY MECHANISM THAT 14 THE BOARD COULD IMPLEMENT IF NALCOR DOES NOT ABIDE BY ITS 15 CONTRACTUAL OBLIGATIONS? 16 A47. The Company proposes that if the Board does not eliminate the holdback mechanis...

AI summary The Company proposes eliminating the holdback mechanism or establishing a separate process to assess changes if it remains. Concentric agrees the Company met conditions but supports a separate process. Concerns include planned outages affecting redelivery terms, misalignment with ECA timelines, and lack of alternate remedies for replacement energy costs.

NSPML Responses to Bates White Information Requests

AI summary The document outlines Nova Scotia Power Marketing Limited's (NSPML) responses to information requests from Bates White, though no specific content is provided in the text. The focus is on regulatory processes and information disclosure related to NSPML's operations.

NSPML Responses to Bates White Information Requests 1 g) 1 Request IR-06 2 3 a) Please explain why NSPML waited nearly two years after the end of the "Compliance 4 Period" to request cessation of the Holdback Mechanism. 5 b) NSPML identifi...

AI summary NSPML responds to information requests regarding the Holdback Mechanism and LIL outages. It references prior proceedings and explains its position on the relevance of asset design to Good Utility Practice.

U.S. PSH PROJECTS WITH FERC LICENSES At the end of 2019, three PSH facilities had issued licenses: Eagle Mountain in California, Gordon Butte in Montana, and Swan Lake in Oregon. FERC licensed Swan Lake in April 2019 with a capacity of 393...

AI summary The text details three U.S. PSH projects with FERC licenses (Eagle Mountain, Gordon Butte, Swan Lake), their capacities, construction timelines, and challenges like right-of-way negotiations. It also notes FERC's 2019 preliminary permits and the growing PSH development pipeline, with smaller projects increasingly using closed-loop and abandoned mine sites.

FULTON HYDROPOWER PROJECT The Fulton hydropower project is in Custer County (Idaho). It has a Pelton-Twin Jet turbine with a nameplate capacity of 0.406 MW. The developer applied to FERC for qualifying conduit determination in December 201...

AI summary The Fulton Hydropower Project in Idaho, with 0.406 MW capacity, faced permitting delays until 2018 due to BLM authorization. FERC approved the project in 2015, and construction resumed in 2018, completing in 2019. Reclamation's simplified LOPP process accelerated permitting for similar projects.

1.2 Ownership Changes (2010–2019) FERC has approved 287 license and exemption transfers since 2010 which resulted in ownership changes for more than 300 hydropower plants and three PSH plants. After a period (2012-2017) in which 30 or more...

AI summary FERC approved 287 license transfers (2010–2019), affecting 356 hydropower/PSH plants (6.3 GW total capacity). 95% of transfers occurred between private entities, with notable cases including FirstLight Hydro's affiliate transfers and Eversource Energy's divestiture. Most recent transfers (2018–2019) involved smaller plants, reflecting reduced activity post-2017.

1.4 Relicensing Trends (2010–2019) In the past decade, FERC issued 80 relicenses that extended the authorization to operate an additional 30 to 50 years to projects accounting for 17% (6.9 GW) of FERC-licensed hydropower capacity and 37% (...

AI summary From 2010–2019, FERC issued 80 hydropower and PSH relicenses, extending operations by 30–50 years. Relicensing requires multi-year stakeholder consultation, environmental studies, and compliance with updated regulations, often necessitating significant investments. Project owners may transfer or surrender licenses if relicensing becomes unfeasible financially.

ction. More projects are in the "issued authorization" phase than in any other phase of the development process, and more than half of the projects in that stage have spent three or more years in it. At the end of 2019, 77% of conduits (84...

AI summary The U.S. hydropower pipeline shows significant delays, with 77% of conduits and 47% of NPD projects in the 'issued authorization' phase without construction. Combined capacity of 670 MW remains stalled, with median authorization issuance in 2016. FERC actions (licenses, exemptions) and regulatory hurdles, like 15% capacity increase requirements, contribute to prolonged delays before construction begins.

plot summarize durations across recent projects in a country. The points provide permitting duration summary statistics: average, median, maximum, or minimum. The lines depict typical duration ranges. European Small Hydropower Association...

AI summary The text compares global hydropower permitting processes, emphasizing the need for predictability and transparency. It highlights recommendations from the European Small Hydropower Association and World Bank, such as centralized 'one-stop shop' agencies and standardized forms. Examples include the U.S. FERC model and decentralized systems in Canada and Europe, with variations in authorization duration and renewal processes across countries.

5.3 Energy Generation

AI summary The section '5.3 Energy Generation' introduces a comprehensive list of acronyms and terms relevant to energy generation, regulatory processes, and technical standards in Nova Scotia's electricity sector.

ary (Powerex Corporation) 64 2018 State of the Market Report for the New York ISO Markets 65 https://www.cer-rec.gc.ca/nrg/ntgrtd/mrkt/snpsht/2020/01-01lctrctyxprtmprt-eng.html Treaty modernization discussions center around post-2024 flood...

AI summary Treaty modernization discussions focus on post-2024 flood control provisions, U.S. compensation for downstream power benefits, and ecosystem improvements. The U.S. argues for revising the Canadian entitlement calculation, while Canada claims current compensation doesn't fully account for Treaty impacts. Hydropower generation correlates variably with drought conditions across regions.

RCOT, 31% of U.S. hydropower units >1 MW in NPCC RFC, and 44% of U.S. hydropower units >1 MW in SERC FRCC reported data to NERC GADS in 2005-2018. Figure 45. NERC regions Any sharp changes shown in Figure 44 around 2012–2013 should be inte...

AI summary The text discusses NERC GADS data reporting trends for U.S. hydropower units (2005–2018), noting that mandatory reporting thresholds (50 MW in 2012, 20 MW in 2013) altered data comparability. WECC plants consistently showed the lowest average availability factors despite higher service hours compared to other regions like SERC-FRCC and MRO-SPP-ERCOT.

lines authorized by AWIA. 98 From October 2018 to May 2020, 12 licensees requested extensions to the construction start deadline that benefit from the extended timeline authorized by AWIA. AWIA also built upon FERC's 2017 policy statement...

AI summary The American Water Infrastructure Act of 2018 (AWIA) expanded FERC's licensing flexibility for hydroelectric projects, including equal weighting of pre- and post-relicensing investments and an expedited process for low-impact non-powered dams (NPDs) and closed-loop pumped storage hydropower (PSH). Despite these provisions, only one eligible application was submitted to FERC during the period, and the expedited process remained unused.

erhard, A., and R. Naude. 2016. "The South African Renewable Energy Independent Power Producer Procurement Programme: A Review and Lessons Learned." Journal of Energy in South Africa 27, no.4: 1–14. European Small Hydropower Association. 2...

AI summary The text references studies and reports on hydropower, renewable energy programs, regulatory processes, and environmental considerations, including South African IPP procurement, European small hydropower, FERC licensing, fish passage in the Columbia River, Bonneville Power Administration's flexible assets, drought analysis, hydropower rights in Europe, and black start resources.

ASCE – American Society of Civil Engineers CFD – Computational Fluid Dynamics COV – Coefficient of Variation CSA – Canadian Standard Association CEATI – Center for Energy Advancement and Technology Innovation DLS – Damage Limit State ULS –...

AI summary The document presents a list of acronyms and their corresponding full forms, primarily related to engineering, energy, and regulatory standards. These terms are relevant to infrastructure planning, power transmission, and reliability assessments.

The Maritime link includes: - The transport power to the west coast of Newfoundland - A submarine cable system to the Maritimes The current study is based on a recent EFLA report entitled "Structural Capacity of as-built Design of the LIL...

AI summary The study evaluates the structural capacity of the Labrador Island Transmission Link (LIL) using an EFLA report and Nalcor documents, with data from NLH engineers. The Maritime link is excluded. High-level data review was conducted without validating design assumptions.

inations were not considered to produce a more conservative and robust design, since the LIL line traverses through severe harsh meteorological conditions with respect to severe glaze and rime icings. The author also questions the validity...

AI summary The author critiques the LIL design's use of CSA's ice load factors, arguing they lack basis and are less conservative than NLH's internal criteria. Unbalanced ice loads should be treated deterministically, not probabilistically, and reliability analysis in Section 6.2 should exclude them. Towers must be checked for vulnerabilities using NLH's criteria.

1612 Table 6.1 Various Assumptions Made in Determining the LIL POF/Reliability (Component 1613 to System) Level Scenario Description Remarks 1 1 (No regional grouping, full correlation along the entire Can be compared directly to line leng...

AI summary Table 6.1 outlines various assumptions made in determining the Long International Line (LIL) probability of failure (POF)/reliability, including different scenarios related to regional grouping, correlation, and exposure levels. The table references CSA 60826-10 and discusses the comparison of POF with CSA 60826 Table A2 in equivalent terms due to differences in assumptions.

4.6 Ongoing Investigations - All outstanding investigations have been completed for incidents related to the Muskrat Falls Assets, - and the results have been reviewed and finalized by Hydro. There are no new investigation outcomes to - re...

AI summary All investigations related to the Muskrat Falls Assets have been completed, with results finalized by Hydro. No new outcomes are reported for this period.

Summary of all Failure Investigation Recommendations Document Number Report Title Recommendation Status Comments Monitor ice by line patrol Addressed Lines are monitored regularly during the winter by helicopter line patrol. Additional hel...

AI summary The document outlines recommendations from a failure investigation related to icing events and line damage in Labrador. Key actions include monitoring ice through helicopter patrols, installing real-time ice monitoring systems, and implementing procedures for mechanical ice management. The LIL Strengthening Capital Project is ongoing, and engineering consultants have been engaged to improve damper specifications.

Muskrat Falls Generation As reported in its most recent Rolling 12 report, the Muskrat Falls Hydroelectric Generating Station ("Muskrat Falls") total plant DAFOR 6 performance through the end of the second quarter of 2024 was 0.42%, which...

AI summary The Muskrat Falls Hydroelectric Generating Station's DAFOR performance was 0.42% through Q2 2024, significantly below Canada's average of 5.70%. Newfoundland and Labrador Hydro will update performance metrics and winter readiness in upcoming reports. Hydro continues submitting quarterly updates despite a proposal to discontinue them, integrating Muskrat Falls reporting into regular operational filings.

NON-CONFIDENTIAL 1 Request IR-20: 2 3 Reference: N-01, Application, Attachment 1, Concentric Evidence, page 3 (pdf page 42), lines 4 9-14. 5 I provide my opinion that the period of May 2023 to April 2024 is the appropriate period 6 over wh...

AI summary The text discusses a regulatory request (IR-20) arguing that the period May 2023–April 2024 is appropriate for assessing Labrador-Island Link (LIL) performance, rejecting relief for outages and extreme weather. Concentric's response emphasizes regulatory frameworks that adjust metrics for extraordinary events, citing SAIDI/SAIFI reliability indices with 'Major Event Day' exclusions.

This version of the pro forma Large Generator Interconnection Agreement (LGIA) reflects the following changes: Updated as of August 20, 2024 (2/15/2018) Revised Article 9.6.2.1 – Governors and Voltage Regulators New Article 9.6.4 – Primary...

AI summary This document outlines updates to the pro forma Large Generator Interconnection Agreement (LGIA), including revised articles related to governors, voltage regulation, frequency response, and technical standards for wind generating plants, as well as amendments to definitions and dispute resolution processes.

ority shall mean an entity that integrates resource plans ahead of time, maintains demand and resource balance within a Balancing Authority Area, and supports interconnection frequency in real time. Balancing Authority Area shall mean the...

AI summary This section defines key terms related to energy regulation and interconnection agreements, including 'Balancing Authority Area,' 'Cluster Study,' and 'Breach' under the Large Generator Interconnection Agreement (LGIA). These definitions establish foundational concepts for regulatory proceedings and technical studies in power systems.

Article 6. Testing and Inspection - 6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, Transmission Provider shall test Transmission Provider's Interconnection Facilities and Network Upgrad...

AI summary Article 6 outlines testing and inspection requirements for interconnection facilities before and after the Commercial Operation Date. Transmission Provider and Interconnection Customer must conduct tests, with the latter bearing pre-Commercial Operation costs. Post-Commercial Operation testing is the responsibility of each party at their own expense. Rights to observe testing and inspect facilities are granted to both parties under Good Utility Practice guidelines.

ice; - 9.7.2.2 Any such interruption or reduction shall be made on an equitable, non-discriminatory basis with respect to all generating facilities directly connected to the Transmission System;

AI summary The regulation mandates that any service interruption or reduction must be applied equitably and non-discriminatorily to all generating facilities connected to the Transmission System, ensuring fair treatment during outages.

fying Party shall only be required to pay the fees and expenses of one additional attorney to represent an Indemnified Person or Indemnified Persons having such differing or additional legal defenses. The Indemnified Person shall be entitl...

AI summary The Indemnifying Party must cover legal fees for the Indemnified Person's additional legal defenses, allowing the Indemnified Person to participate in proceedings at their expense. The Indemnifying Party cannot control the defense if criminal liability is involved or there is a conflict of interest, and cannot settle without the Indemnified Person's consent.

This Appendix E is a part of the LGIA between Transmission Provider and Interconnection Customer. [Date] [Transmission Provider Address] Re: Large Generating Facility Dear : No. one day]. On [Date] [Interconnection Customer] has completed...

AI summary Appendix E of the LGIA confirms the completion of trial operation and commencement of commercial operation by the Interconnection Customer at a Large Generating Facility. Appendix F is referenced as part of the LGIA but contains no additional content in the provided text.

s development, more submarine power cable projects are economically viable, or even possible. New applications for submarine power cables appear while known applications are pursued on a larger scale. Submarine power cables draw the attent...

AI summary The text highlights growing interest in submarine power cables driven by offshore wind projects, new applications, and involvement from diverse stakeholders including engineers, investors, regulators, and environmental groups. Cable costs and installation challenges are critical factors, with regulators and authorities increasingly engaged due to rising permit applications.

Chapter 3 Design

AI summary Chapter 3 Design outlines technical and regulatory considerations for power systems, including acronyms related to transmission, standards, and regulatory bodies. The section serves as a reference for terminology used in the proceeding.

Table 5.2 Type test standards usable for submarine power cables 1 • Published in Title or content Cigré Electra No. 171 April 1997 Recommendations for Mechanical tests on sub-marine cables Referred to as Electra 171 in the following Cigré...

AI summary Table 5.2 outlines type test standards for submarine power cables, including Cigré recommendations and IEC standards. The Cigré Electra 171 is highlighted as the only known standard for mechanical tests on submarine cables, with other standards providing additional test methods and requirements for both AC and DC cables.

6.5 Soil Sampling Sometimes, the sub-bottom profiling has no sufficient resolution to provide data for a burial assessment survey [8]. Soil sampling can deliver additional data from selected locations to support decisions on burial tools....

AI summary Soil sampling is critical for burial assessments, thermal resistivity analysis, contamination detection, and cost-effective cable design. It provides tangible data on seafloor hardness, thermal properties, and potential chemical contamination, influencing burial methods and conductor cross-section optimization.

3, which can be performed with a simple pocket calculator. No matter which method is used, a good knowledge of the thermal resistivity of the seafloor and the expected cable load scheme is necessary. What happens if a cable project does no...

AI summary The text explains the 2 K criterion for submarine cable projects, noting that deeper burial to meet the criterion increases environmental impact and energy losses. Deeper burial disturbs more benthos, prolongs construction, and raises cable temperatures, leading to higher losses.

NON-CONFIDENTIAL 1 consistent with good utility practice, or whether it is reasonable to categorize the particular 2 weather events as exceptional circumstances.

AI summary The text questions whether specific weather events should be categorized as exceptional circumstances under utility practice, and whether such categorization aligns with reasonableness standards in regulatory proceedings.

NSPML Responses to NSEB Information Requests 1 Request IR-12: 16 the Newfoundland System Operator for its operations and control. The NS System Operator and 17 the Regional Coordinator were privy to the testing and the associated results a...

AI summary NSPML responded to NSEB information requests regarding the Newfoundland System Operator and testing of assets. The NS System Operator and Regional Coordinator confirmed the asset's reliability. The Independent Engineer, engaged by the Government of Canada, validated the asset's reliability and provided a punch list for NLH to address post-commissioning.

NSPML Responses to Small Business Advocate Information Requests 1 Request IR-01: 9 the LIL is designed to resist, without damage, a climatic event of severity seen once 10 every 50 years. NL Hydro has stated that while the LIL was designed...

AI summary NSPML agrees that the LIL is designed to withstand a 50-year climatic event but acknowledges that climate change and microclimates may pose new risks. NSPML has discussed these issues with NLH and is considering longer-term solutions to ensure reliability. The responsibility for funding these solutions is under review, and NSPML is concerned about potential intergenerational subsidization.

- NS Block, measured in MWh (excluding Make-up Energy), is received during each of 12 - consecutive months."[41](#page-18-1) In introducing this requirement, the Board also stated: - NSPML/NS Power may apply to the Board for relief if it c...

AI summary The requirement mandates NSPML to receive twelve consecutive months of NS Block volumes (excluding Make-up Energy) at least 90% of the total monthly volumes called for under the Energy and Capacity Agreement. This prevents over-reliance on Make-up volumes and ensures consistency and predictability in volume delivery.

11 - 13 Q. For the four months in which deliveries were below threshold, did NSPML claim - 14 that the deficiencies were explained by "good utility practice" and/or "exceptional - 15 circumstances?" 48 NSPML Application, page 10 lines 12 t...

AI summary NSPML claims that deficiencies in NS Block volumes during four months were due to 'good utility practice' and 'exceptional circumstances,' specifically citing a planned LIL outage in July 2023 and other factors related to the LIL's performance, not Muskrat Falls or the Maritime Link.

Q. Turning to "exceptional circumstances," does an assessment of this exclusion have

AI summary The text poses a question about whether an assessment of an exclusion under 'exceptional circumstances' is being considered. It focuses on regulatory evaluation of such exclusions within a proceeding, though no detailed arguments or entities are explicitly mentioned.

its challenges? - A. Yes. The Board intentionally did not define "exceptional circumstances," leaving that - task to NSPML.[82](#page-28-3) Neither NSPML nor Witness Powers provide a direct definition. Instead, - NSPML and Witness Powers h...

AI summary The Board did not define 'exceptional circumstances,' leaving NSPML and Witness Powers to focus on weather as an indicator. However, determining severity is subjective. Witness Powers failed to conduct independent reviews of LIL outages and maintenance activities. Harsh weather conditions, as noted by NLH's expert Haldar & Associates, impact the LIL's reliability, complicating distinctions between design-known conditions and new extreme events.

Q. Does NSPML and Witness Powers discuss future expectations if the Holdback is

AI summary The question asks whether NSPML and Witness Powers address future expectations related to the Holdback in the regulatory proceeding. The text is incomplete, but it focuses on potential discussions about future implications of the Holdback mechanism.

- A. I conclude that NSPML satisfied the "Reduction in Undelivered Volumes" condition for - ending the Holdback. Specifically, by the end of March 2024, the net outstanding balance of - undelivered energy was 9% of the contracted annual am...

AI summary The analysis concludes that NSPML met the 'Reduction in Undelivered Volumes' condition for ending the Holdback, but there is ambiguity in assessing the 'Consistent Deliveries' threshold due to reliance on exceptions and external factors like winter weather and LIL design concerns. Future performance is considered risky based on NLH's filings and planning assumptions.

- Q: Mr. Wilson, please state your name, occupation, and business address. - A: I am John D. Wilson. I am the Vice President of Grid Strategies LLC, Bethesda, MD. - Q: Summarize your professional education and experience. - A: I received a...

AI summary John D. Wilson, Vice President of Grid Strategies LLC, has extensive experience in utility regulation, including testimony in over seventy-five proceedings and work with the Consumer Advocate. He has expertise in cost-effectiveness, prudency reviews, and rate design.

SUMMARY OF PROFESSIONAL EXPERIENCE - 2023– Present Vice President, Grid Strategies, LLC . Provides research, technical assistance, and expert testimony on electric- and gas-utility planning, economics, and regulation. Reviews electric util...

AI summary The individual has extensive experience in utility regulation, energy efficiency, and renewable energy, including roles at Grid Strategies, Southern Alliance for Clean Energy, and Resource Insight. They have provided expert testimony, designed programs, and evaluated resource planning and procurement strategies for regulated and competitive markets.

15 Q15. DOES BATES WHITE IDENTIFY ANY SPECIFIC ACTION ASSOCIATED 16 WITH THE JULY 2023 OUTAGE THAT VIOLATED GOOD UTILITY 17 PRACTICE? A15. No. Bates White discusses the work that occurred11 18 during the outage but does not identify 19 any...

AI summary The response indicates that Bates White did not identify any specific action associated with the July 2023 outage that violated good utility practice. The work performed during the outage is consistent with normal industry practice for HVDC facilities.

8 Q45. HOW DO YOU RESPOND TO THOSE CONCERNS? 9 A45. In my opinion, Bates White's concerns regarding future performance are not relevant to the 10 Board's test for termination of the Holdback Mechanism. The Board established specific 11 cri...

AI summary The response argues that Bates White's concerns about future performance are not relevant to the Board's criteria for terminating the Holdback Mechanism. The Board's evaluation is based on actual performance during the Compliance Period, not speculative future conditions, and acknowledges that ongoing reliability assessments and improvements are evidence of prudent utility management.

10 Q46. WHY IS THAT IMPORTANT? 11 A46. It is important because every transmission facility faces some degree of future reliability 12 risk. If the possibility of future outages or future reliability concerns were sufficient to 13 prevent t...

AI summary The importance of the Holdback Mechanism's termination lies in the fact that transmission facilities face future reliability risks. However, the Board established objective termination criteria, and NSPML has met the required thresholds. Outage events were consistent with good utility practice or due to exceptional circumstances, so future reliability concerns do not justify continuing the Holdback.

21 Q47. WHY IS IT IMPORTANT TO CONSIDER THE OVERALL PERFORMANCE OF 22 THE MARITIME LINK AND LIL DURING THE COMPLIANCE PERIOD? 23 A47. The purpose of the Holdback Mechanism was to protect customers during a period when 24 the anticipated be...

AI summary The Holdback Mechanism was implemented to protect customers during the compliance period when the anticipated benefits of the Maritime Link and LIL were not yet realized. The Board's focus was on ensuring customers received the energy benefits of the project, emphasizing overall performance rather than isolated outages.

HEARING ORDER In Matter M11009, the Nova Scotia Utility and Review Board outlined conditions to be met to end the holdback mechanism originally ordered in 2022 to account for the continuing delivery delays receiving Muskrat Falls energy ov...

AI summary In Matter M11009, NSP Maritime Link Inc. (NSPML) argues that conditions to end the holdback mechanism, imposed in 2022 due to Muskrat Falls energy delivery delays, were met by April 2024. NSPML seeks to vacate the holdback and release accumulated funds. The Board orders a paper hearing but reserves the right to convert it to an oral hearing.

NOTICE OF INTERVENTION OF: K + S Windsor Salt Ltd. CKF Inc. Crown Fibre Tube Inc. Irving Shipbuilding Inc. Maritime Paper Products Ltd. Michelin North America (Canada) Inc. Compass Minerals Canada Corp. Farnell Packaging Ltd. P & H Milling...

AI summary The Industrial Group, comprising multiple large and medium industrial companies, intervenes in the proceeding as NSPI customers affected by the Application. Their costs are directly impacted, and they reference issues established by the Energy Board. No specific matters or orders are cited.

NOTICE OF INTERVENTION OF:

AI summary A notice of intervention is filed, though the text provides no further details about the intervenor, their position, or specific arguments. The document is incomplete or truncated.

SMALL BUSINESS ADVOCATE TAKE NOTICE that the Small Business Advocate hereby Intervenes in this proceeding in accordance with the regulations. The Small Business Advocate represents 3 classes of small business (namely 10, 11, and 21 small b...

AI summary The Small Business Advocate intervenes in a regulatory proceeding on behalf of three classes of small businesses (classes 10, 11, and 21; general; small industrial). The notice provides contact details for the advocate, consultants, and the recipient, Crystal Henwood, Clerk of the Nova Scotia Energy Board.

NOVA SCOTIA ENERGY BOARD IN THE MATTER OF: The Public Utilities Act, and the Maritime Link Act and the Maritime Link Cost Recovery Process Regulations. - and – IN THE MATTER OF: An Application by NSP Maritime Link Inc. to end the holdback...

AI summary The Nova Scotia Energy Board addresses two matters: the Public Utilities Act and Maritime Link Act, and an application by NSP Maritime Link Inc. to terminate a holdback mechanism under Matter M11009. The application seeks to end the mechanism based on parameters set by the Nova Scotia Utility and Review Board.

To: Nova Scotia Energy Board - 1. The Department of Energy intends to participate in this proceeding and may address any or all of the issues as established by the Energy Board. Through the Minister of Energy, the Department of Energy has...

AI summary The Department of Energy intends to participate in the proceeding, asserting oversight through the Minister of Energy. It requests that all notices and information be directed to specified individuals, though no names are provided in the excerpt.

Compass Minerals Canada Corp. P & H Milling Group PSA Halifax Copy to: Stewart McKelvey Suite 600 – 1741 Lower Water Street P.O. Box 997 Halifax, NS B3J 2X2 Leona Clements [email protected] Caroline Jonah cmjonah@stewartmckelv...

AI summary The document lists the parties involved in a proceeding related to Compass Minerals Canada Corp., including legal counsel, Nova Scotia Power Inc. (NS Power), and contact details for key individuals involved in the regulatory process.

1 M12696 2 3 4 NOVA SCOTIA UTILITY AND REVIEW BOARD 5 6 IN THE MATTER OF: The Public Utilities Act and the MARITIME LINK ACT and 7 8 the MARITIME LINK COST RECOVERY PROCESS REGULATIONS 9 10 11 – and – 12 13 IN THE MATTER OF: AN APPLICATION...

AI summary The document outlines a regulatory proceeding (M12696) involving NSP Maritime Link Inc.'s application to terminate a holdback mechanism under the Public Utilities Act and Maritime Link Act, referencing prior matter M11009. The Consumer Advocate has issued an information request to Shellie Woolham, with responses due by April 9, 2026.

M12696 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF: The Public Utilities Act and the MARITIME LINK ACT and the MARITIME LINK COST RECOVERY PROCESS REGULATIONS – and – IN THE MATTER OF: AN APPLICATION by NSP MARITIME LINK INC. to...

AI summary The Nova Scotia Utility and Review Board is considering an application by NSP Maritime Link Inc. to end the holdback mechanism, as outlined in Matter M11009. The Consumer Advocate has requested detailed data and clarification regarding the holdback mechanism's parameters and energy delivery performance from August 2021 to December 2025.

Request IR-4: Refer to the Application, Section 7. Request for Separate Process if Holdback is Maintained, page 28 of 37, lines 11-17, which states: The primary benefits of a separate process to develop an appropriate mitigation mechanism...

AI summary The text outlines the benefits of a separate process to develop a mitigation mechanism if the Holdback is maintained, including avoiding unnecessary complexity, leveraging updated Board rationale, and improving participant understanding. It raises two questions about process changes and reporting under a new Holdback mechanism.

Request IR-6: Refer to the Application, Section 5. Future Asset Management Expectations, page 29 of 37, describing the negotiations required for remedies for delivery shortfalls, specifically the first bullet, commencing at line 3, and exp...

AI summary The text requests clarification on how Holdback measures' timing inconsistencies with ECA terms affect remedies for delivery shortfalls, referencing Section 5 of the Application. It seeks an explanation of the impact described in the referenced paragraph.

1 2025 M12696 2 3 NOVA SCOTIA ENERGY BOARD 4 5 IN THE MATTER OF: The Public Utilities Act and the Maritime Link Act and the Maritime Link Cost Recovery Process Regulations 6 7 8 IN THE MATTER OF: An Application by NSP Maritime Link Inc. to...

AI summary The document outlines an application by NSP Maritime Link Inc. to end the holdback mechanism as per the Nova Scotia Utility and Review Board's parameters. The Board's October 2023 decision set conditions for termination, including the possibility of relief if 'good utility practice or exceptional circumstances' caused failure to meet the consecutive 12-month requirement.

- 26 (b) Please explain why this evidence is characterized as "Rebuttal" evidence. 1 Request IR-20: Please confirm whether Concentric reviewed, or took into consideration, any decisions of the Nova Scotia Energy Board (or its predecessor)...

AI summary The document requests clarification on why evidence is labeled as 'Rebuttal' and asks Concentric to confirm if they reviewed decisions related to the Federal Loan Guarantee (FLG2) and its impact on customer costs and Maritime Link benefits. It also requests analyses performed by Concentric regarding potential customer harm and price-spread differences.

ttachment 1, A36. Did the Witness conduct an independent review of the reasonableness of the LIL outages shown in Table 1? If so, please provide all documents, workpapers, and analyses the Witness relied upon in conducting such a review. 2...

AI summary The text contains a series of questions directed at a witness regarding the Labrador Island Link (LIL) outages, software issues, and the reasonableness of the Holdback Mechanism. It also asks for comparisons between planned outages and assumptions made during the Maritime Link proceeding (M05419), as well as an explanation of the Energy and Capacity Agreement's firm energy delivery targets.

NOVA SCOTIA ENERGY BOARD IN THE MATTER OF the PUBLIC UTILITIES ACT and the MARITIME LINK ACT and the MARITIME LINK COST RECOVERY PROCESS REGULATIONS – and – IN THE MATTER OF AN APPLICATION by NSP MARITIME LINK INC. to end the holdback mech...

AI summary NSP Maritime Link Inc. seeks to terminate a holdback mechanism under the Maritime Link Cost Recovery Process Regulations, referencing parameters set by the Nova Scotia Utility and Review Board in Matter M11009. The proceeding involves the Public Utilities Act and Maritime Link Act.

Notices of Intervention Thursday, March 5, 2026 Information Requests (IRs) to NSPML Thursday, March 19, 2026 Responses to IRs from NSPML Tuesday, April 21, 2026 Evidence from Intervenors and Board Counsel Consultants Thursday, May 7, 2026...

AI summary The regulatory proceeding outlines a timeline for submitting evidence, responses, and rebuttals, with key dates including May 7 and June 25, 2026. The Board orders that its Regulatory Rules apply, including a specific deadline for filings by 2:00 pm on due dates.

21 1 2025 M12696 19 20 (b) Did Mr. Wilson consider or rely on any regulatory, contractual or legal precedents in formulating this standard? If yes, please identify them. 1 2 3 (c) Does Mr. Wilson's standard for "exceptional circumstances"...

AI summary The document contains a series of questions directed at Mr. Wilson regarding his standard for 'exceptional circumstances' and the evidence he used to determine that the March-April 2024 icing event exceeded design standards. It also references a prior event in January 2021 and the views of Bates White on unbalanced ice loading events.

30 volumes affected. 1 2025 M12696 28 the LIL was still operational and energy deliveries could have been made? 29 If so, please identify the specific hours and estimated NS Block delivery 1 2 3 (c) In Bates White's opinion, if NSPML had g...

AI summary The text outlines several requests for information related to NSPML's maintenance scheduling during an LIL outage and the interpretation of force majeure clauses in regulatory contexts. It questions whether NSPML's actions demonstrate optimal operational scheduling and seeks clarification on regulatory guidance for weather-related force majeure.

July 9, 2026 VIA EMAIL Ms. Crystal Henwood Clerk of the Board Nova Scotia Energy Board 1601 Lower Water Street, 3rd Floor Halifax NS B3J 3S3 Dear Ms. Henwood: Re: Ml2696 - NSP Maritime Link Inc. - 2026 Application to Review the Hold back M...

AI summary NSP Maritime Link Inc. (NSPML) is requesting the vacating of the Holdback Mechanism, originally established in 2017, due to meeting the criteria set by the Board's 2023 decision. NSPML claims that the conditions for releasing the holdback have been met, citing 90% delivery of the NS Block over 12 consecutive months and a net outstanding balance below 10% of the contracted annual amount. The Board previously continued the $10 million holdback to protect ratepayers.

Delav in Filing Application NSPML is claiming the 12 months between May 2023 and April 2024 as the time period in which it achieved the requirements set out by the Board in order to terminate the Holdback. Despite the threshold allegedly b...

AI summary NSPML applied to terminate the Holdback 21 months after the Compliance Period ended, citing employee availability and third-party information as reasons. The SBA raises concerns about the accrued WACC on Holdback amounts and a decline in Maritime Link deliveries post-Compliance Period, suggesting the Board should consider these issues in its assessment.

nce, Exhibit N-11 6 Evidence of John Wilson (Grid Strategies), Exhibit N-8, p. 4; see also Evidence of Vincent Musco (Bates White), Exhibit N-7, p. 10-18 and 37 requiring 90% delivery of the NS Block in each of 12 consecutive months has be...

AI summary The document discusses NSPML's compliance with the requirement to deliver 90% of the NS Block over 12 consecutive months. While NSPML did not meet the requirement directly, the Board allowed for relief based on 'good utility practice' or 'exceptional circumstances.' John Wilson noted that NSPML's performance after the Compliance Period was below expectations but supported ending the Holdback based on its performance during the Compliance Period.

tml) made under section 5 o the Electricity Act , section 2(h) 1 confirmed to be consistent with the definition applied by the United States Federal 2 Energy Regulatory Commission is as follows: 3 4 "Good Utility Practice" means those proj...

AI summary The document discusses the definition of 'good utility practice' as outlined in the Nova Scotia Wholesale Market Rules and Regulations, referencing the United States Federal Energy Regulatory Commission's definition. It emphasizes that good utility practice involves industry-accepted methods and is not based on outcomes but on consistency with established standards.

Hash=AAAAAQAsInRoZSBmYWN0IHRoYXQgdG9kYXkncyBjdXN0b21lcnMgYXJlIHBheWluZyIAAAAAAQ) at para. 32 1 performance continues to be strong, and the Make-Up Energy balance has effectively 2 been eliminated. 3 4 As it now operates, the Holdback conti...

AI summary The document discusses the performance of NSPML, noting that the Holdback mechanism continues to deduct funds during downtime but provides no credit for overdeliveries. The Company argues that NSPML should be regulated like other public utilities, as the original justification for the Holdback no longer exists.

LEGISLATIVE FRAMEWORK The Maritime Link Act , SNS 2012, c 9 (the " ML Act "), and the Maritime Link Cost Recovery Process Regulations , NS Reg 189/2012 (the " ML Regulations "), establish an approval mechanism by which NSPML recovers its c...

AI summary The legislative framework outlines the Maritime Link Act and ML Regulations , establishing how NSPML recovers costs from NSPI and ratepayers. The Board has broad jurisdiction and imposed conditions on cost recovery to ensure fairness and consistency, including the Holdback as a customer-protection measure.

NSPML Application to Review the Holdback Mechanism (M12696) Final Reply July 23, 2026

AI summary The Final Reply to the NSPML Application to Review the Holdback Mechanism (M12696) was submitted on July 23, 2026. The document outlines the application's request for a review of the holdback mechanism, a key component of the regulatory process.

Date Filed: July 23, 2026 Page 4 of 44 1 Evidence supports relief for the four months during the proposed Compliance Period that 2 did not meet the Board's 90 percent delivery threshold and also confirms that outages have 3 not resulted in...

AI summary The document discusses the termination of a holdback mechanism for NSPML, citing evidence that outages did not harm customers and that the original bargain has been fulfilled. The CA and consultant John Wilson support the application, stating that the four outage events meet the Board's criteria for relief. The argument is made that regulatory oversight should focus on asset management and arms-length contracts.

2.2 Good Utility Practice NSPML has cited several apt definitions of good utility practice that all point to a utility acting reasonably in the circumstances. There does not appear to be any substantive disagreement with these definitions....

AI summary NSPML argues that the work undertaken by NLH on the LIL during the Compliance Period was necessary and in line with good utility practice, supported by expert testimony and evidence. The evidence includes statements from Danielle Power and John Wilson, and NSPML asserts that the work was conducted during periods of lower load.

Date Filed: July 23, 2026 Page 17 of 44 1 energy to Nova Scotia. Customers during this period were not impacted and planned 25 follows: 26 27 1. The Report did not conclude the LIL was improperly designed; 28 2. The Report did not recommen...

AI summary The document discusses the Labrador Island Link (LIL) and its design in response to the March/April 2024 icing event. It clarifies that the LIL was designed according to engineering standards at the time and that no improper conclusions were drawn about its design. The report did not recommend immediate system-wide modifications, and further long-term monitoring is suggested.

3.3 NSPML and NLH are Different Arms-Length Entities The IG Submission makes multiple references to NSPML's failures to achieve delivery levels[45](#page-33-0) and NSPML's management of LIL outages[46](#page-33-1) . It is well understood t...

AI summary The IG Submission criticizes NSPML for failures in delivery levels and management of LIL outages. However, NSPML clarifies that it does not own or control the LIL and that all disallowances related to delivery thresholds are due to NLH's assets, not NSPML's actions.

Second, actions taken by the System Operator are 100% independent of NSPML. NSPML has no influence on the System Operator, nor should it. This deration therefore, cannot be considered as good utility practice by NSPML nor can it be conside...

AI summary The System Operator's actions are independent of NSPML and are based on system conditions and weather in Newfoundland. The 170 MW import limit is determined by the System Operator, not by weather impacts on the LIL or Maritime Link. The IG's assertion about a broader pattern of weather-related vulnerabilities is deemed inaccurate.