100025Board Decision
11 passages
IN THE MATTER OF THE ELECTRICITY ACT - and - IN THE MATTER OF AN APPLICATION by Renewall Energy Inc. for directions for an expedited process to amend existing Renewable to Retail tariffs or create new tariffs to enable distribution-connect...
AI summary The Board has jurisdiction to approve tariffs, procedures, and standards of conduct for the renewable to retail market related to distribution-connected generation and net billing. It directed Nova Scotia Power to engage with interested parties to file an application by April 1, 2026.
- [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, requested the NSUARB to expedite tariff amendments to enable distribution-connected generation and net billing. NS Power argued the Board lacked jurisdiction, but the Board affirmed its authority and directed NS Power to engage with stakeholders and file an application by April 1, 2026.
2.0 BACKGROUND - [5] On June 19, 2025, Renewall sought directions from the Board and requested an expedited process to amend the existing renewable to retail tariffs or create a new tariff to enable distribution-connected generation and ne...
AI summary In June 2025, Renewall requested the Board to amend or create new tariffs to enable distribution-connected generation and net billing, citing NS Power's obligations under the Public Utilities Act. NS Power responded that net metering/billing was not available in the renewable to retail market. The Board requested submissions on whether regulations and codes of conduct should be amended and set a timeline for interventions.
of statutory rules that explicitly govern the interpretation of statutes and regulations. In Nova Scotia, this guidance is in the Interpretation Act , RSNS 1989, c 235, including ss. 9(1) and 9(5): 9 (1) The law shall be considered as alwa...
AI summary The document discusses statutory interpretation under the Interpretation Act , emphasizing the application of laws in present tense and remedial interpretation. It notes the replacement of the Electricity Act in 2025 and the Board's ongoing authority to implement net metering programs under the new statute.
3.2 Renewable to Retail [14] Section 18 of the Electricity Act establishes the renewable retail regime in Nova Scotia:
AI summary Section 18 of the Electricity Act establishes the renewable retail regime in Nova Scotia, focusing on the integration of renewable energy into the retail market.
s. 3(1) of the Renewable Electricity Regulations , NS Reg 155/2010: "renewable low-impact electricity" means electricity produced from any of the following: - (i) solar energy, - (ii) wind energy, - (iii) run-of-the-river hydroelectric ene...
AI summary The text defines 'renewable low-impact electricity' under the Renewable Electricity Regulations and discusses the obligations of public utilities and retail suppliers. It notes that NS Power retains a duty to serve its customers even if they opt for renewable electricity from retail suppliers, while municipal utilities are not subject to the same exception.
Nova Scotia Power obligations - 22 (1) Notwithstanding Section 77 of the Public Utilities Act , Nova Scotia Power, or IESO in relation to matters falling under its scope of authority pursuant to the More Access to Energy Act , shall mainta...
AI summary Nova Scotia Power is required to maintain and file with the Board various tariffs and procedures to facilitate the purchase of renewable low-impact electricity. The Board must ensure that existing customers and independent power producers are not negatively affected and that retail suppliers are responsible for their own service-related costs.
er may not compensate the customer for more electricity than they consumed in the calendar year (s. 6(6)). [29] In NS Power's case, the program must be for renewable low-impact electricity (s. 6(5)). [30] Section 7 of the Electricity Act a...
AI summary The text discusses provisions in the Electricity Act and Renewable Electricity Regulations related to net metering and system access charges. It outlines that NS Power customers can install renewable low-impact generators up to 27 kW without obligation to participate in specific programs, and that NS Power must buy electricity at the rate customers pay. The regulations also set eligibility and data reporting requirements.
3.4 Analysis [38] Renewall submits that s. 22(1) of the Electricity Act requires NS Power to facilitate the purchase of renewable low-impact electricity for the renewable to retail market and that s. 18(4) gives the Board the power and aut...
AI summary Renewall argues that NS Power must facilitate the purchase of renewable low-impact electricity for the renewable to retail market under the Electricity Act. NS Power counters that its obligations are not open-ended and that the original design of the renewable to retail market was intended for wholesale market mechanisms, not retail supplier access to distribution-connected generation or customer spill.
ble to retail customers could not selfgenerate and argued that similar reasoning should apply to reject NS Power's argument in this matter that such customers cannot spill excess energy onto the grid: With respect to the suggestion that re...
AI summary NS Power's argument that retail customers cannot spill excess energy onto the grid was previously rejected by the Board in 2016 during the establishment of the [renewable to retail] Market (Matter M06214). The Board clarified that behind-the-meter renewable energy generation is not subject to regulation under the Public Utilities Act.
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 lack of specific conduct standards under the new Electricity Act and the Board's authority to implement the renewable to retail regime. It emphasizes that the Board has the power to develop or amend tariffs and procedures, but must ensure that independent power producers and feed-in tariff approval holders are not negatively affected.
98902Submissions - Renewall
5 passages
Governing Legislation In its initial letter application, REI referenced s. 3G of the Electricity Act as enabling distributionconnected generation and net-billing. This reliance is not, as asserted by NSPI, a suggestion that NSPI has "an on...
AI summary REI references section 3G of the Electricity Act to support distribution-connected generation and net-billing, countering NSPI's assertion that NSPI has a duty to facilitate REI's business plans. The discussion centers on statutory interpretation and the need for tariffs to enable a competitive market, as outlined in the Electricity Act.
Distribution-Connected Generation There is similarly no legal impediment in the Electricity Act , or otherwise, that would prevent small distribution-connected generating facilities to sell to an LRS. Rather, the legislative scheme suggest...
AI summary The text discusses the legal framework allowing small distribution-connected generating facilities to sell electricity to local retail suppliers (LRS) under the Electricity Act and Board Electricity Retailer Regulations. It references NSPI's application in M06214 and the Renewable Electricity Regulations, which do not restrict generation to transmission-connected facilities.
Board Electricity Retailers Regulations and Code of Conduct At this stage, REI does not have specific recommendations with respect to the Board Electricity Retailers Regulations (" BERR ") or Code of Conduct. If the Board determines that i...
AI summary REI does not currently have specific recommendations for the Board Electricity Retailers Regulations or Code of Conduct. However, REI suggests that if the Board has jurisdiction to amend or create new tariffs for distribution-connected generation and net billing, the BERR and Code of Conduct should be reviewed together. REI highlights the definition of behind-the-meter (BTM) sales in the regulations and suggests the need for tariffs to manage excess energy redistribution.
Board Electricity Retailers Regulations (Nova Scotia) Annual Forecast a) Sales plan showing the forecasts of the sales of renewable low-impact electricity, including numbers of customers differentiated by NS Power's rate classes and foreca...
AI summary The document outlines the annual forecast under the Board Electricity Retailers Regulations (Nova Scotia), including plans for renewable low-impact electricity sales, contractual agreements with renewable generators, and certification processes. Key details include a wind project with Mersey River Wind Inc. and a solar project with a medium industrial customer.
October 25, 2023 Crystal Henwood Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 1601 Lower Water Street, 3rd Floor P.O. Box 1692, Unit "M" Halifax, NS B3J 3S3 Dear Ms. Henwood: Re: M10293 – Roswall Development Inc –...
AI summary Renewall Energy Inc. submitted an annual forecast for the compliance period of 2024-2025 as part of its application for a Renewable to Retail Supplier License. The submission includes appendices that are being requested for confidential treatment due to their sensitive commercial nature.
98979Reply to REI's Submissions - NS Power
4 passages
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.
Comment on REI's Interpretation of "Retail Customer" Definition NS Power notes REI's assertion on page 2/3 of its submission that: "...the RtR market has 'retail customers' as described in s. 3C, not 'customers', and so references to s. 3A...
AI summary NS Power responds to REI's interpretation of 'retail customer' in the Electricity Act , clarifying that the term applies broadly to end-use customers of public utilities or LRS, not just those in the RtR market. NS Power emphasizes that the 2022 amendments to the Act specifically grant rights and obligations to retail customers of public utilities, not LRS customers.
Comment on REI's Assertion Regarding "Spill" Energy and Compensation Obligations NS Power disagrees with REI's claim that, absent a new tariff, NS Power would be the "gratuitous beneficiary" of excess electricity ("spill") from retail cust...
AI summary NS Power disagrees with REI's assertion that it would benefit from excess electricity ('spill') from retail customer generators without compensating them. The comment explains that current legislation does not allow for a self-generation and spill program for customers of Licensed Retail Suppliers (LRS), and that Sections 3A and 3AA of the Electricity Act govern compensation for self-generated electricity exported to the grid.
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.
100025Board Decision
8 passages
of statutory rules that explicitly govern the interpretation of statutes and regulations. In Nova Scotia, this guidance is in the Interpretation Act , RSNS 1989, c 235, including ss. 9(1) and 9(5): 9 (1) The law shall be considered as alwa...
AI summary The text discusses the statutory interpretation rules in Nova Scotia, particularly under the Interpretation Act , and notes the replacement of the Electricity Act in 2025. It emphasizes the Board's responsibility to interpret statutory provisions based on their text, context, and purpose, focusing on the 'renewable to retail' regime and net metering programs.
3.2 Renewable to Retail [14] Section 18 of the Electricity Act establishes the renewable retail regime in Nova Scotia:
AI summary Section 18 of the Electricity Act establishes the renewable retail regime in Nova Scotia, outlining the framework for renewable energy retailing.
s. 3(1) of the Renewable Electricity Regulations , NS Reg 155/2010: "renewable low-impact electricity" means electricity produced from any of the following: - (i) solar energy, - (ii) wind energy, - (iii) run-of-the-river hydroelectric ene...
AI summary The document defines 'renewable low-impact electricity' under the Renewable Electricity Regulations and discusses the legal framework governing public utilities and retail suppliers in Nova Scotia. It highlights the exclusivity of public utilities and NS Power's obligation to serve customers even when they opt for renewable electricity from retail suppliers.
Nova Scotia Power obligations - 22 (1) Notwithstanding Section 77 of the Public Utilities Act , Nova Scotia Power, or IESO in relation to matters falling under its scope of authority pursuant to the More Access to Energy Act , shall mainta...
AI summary Nova Scotia Power is required to maintain and file with the Board new or amended tariffs and procedures to facilitate the purchase of renewable low-impact electricity, in accordance with the Public Utilities Act and the More Access to Energy Act. The Board must ensure that existing customers and independent power producers are not negatively affected by these changes.
er may not compensate the customer for more electricity than they consumed in the calendar year (s. 6(6)). [29] In NS Power's case, the program must be for renewable low-impact electricity (s. 6(5)). [30] Section 7 of the Electricity Act a...
AI summary The document discusses provisions related to net metering and system access charges under the Electricity Act and Renewable Electricity Regulations. It outlines restrictions on compensation for excess electricity generated by customers and eligibility requirements for renewable low-impact generators. These provisions have been in place since 2022, with amendments to the Electricity Act and subsequent updates to the Renewable Electricity Regulations.
Class 2: greater than 100 kW up to 1 MW NSPI further proposed to limit all Class 1 participants to a total of 5 MW and all Class 2 participants to a total of 15 MW, with the stipulation that: …The system-wide 20 MW allocation for net-meter...
AI summary NSPI proposed class-based net-metering limits, but the NSUARB rejected them due to lack of evidence and inconsistency with renewable energy goals. The 2022 amendments to the Electricity Act and Renewable Electricity Regulations have largely replaced the legacy net-metering program, though some provisions remain.
3.4 Analysis [38] Renewall submits that s. 22(1) of the Electricity Act requires NS Power to facilitate the purchase of renewable low-impact electricity for the renewable to retail market and that s. 18(4) gives the Board the power and aut...
AI summary Renewall argues that NS Power must facilitate the purchase of renewable low-impact electricity for the renewable to retail market under the Electricity Act . NS Power counters that its obligations are not open-ended and that the original design of the renewable to retail market was intended to use wholesale market mechanisms, not distribution infrastructure.
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.