Topic:"Renewable Electricity Regulations" in M13042

Application for Approval of the Green Choice Program Power Purchase Agreement ("PPA") Under the Renewable Electricity Regulations ("Application") Prepared for: Nova Scotia Energy Board August 17, 2026 Submitted by: Procurement Administrato...

AI summary This document is an application for the approval of the Green Choice Program Power Purchase Agreement under the Renewable Electricity Regulations, submitted to the Nova Scotia Energy Board on August 17, 2026 by the Procurement Administrator through Power Advisory.

he PPA and aligns with practice we have observed in other jurisdictions , e.g., Ontario 4 [,](#page-6-0) British Columbia, [5](#page-6-1) . The draft RFP is included as Appendix E to this Application. - 2. Pre -COD Amount Reduced We have r...

AI summary The document discusses changes to the Power Purchase Agreement (PPA), including reductions in the Pre-COD amount of the Performance Security and adjustments to the Energy Rate indexing. These changes aim to align with practices in other jurisdictions and reduce financial risks for developers.

le, that, now or in the future, result from the actual or assumed displacement of emissions by the production of Energy from the Facility as a result of the utilization of renewable energy technology; - (b) all right, title, interest in an...

AI summary The text defines key terms related to renewable energy, including Renewable Energy Credits, Reporting Date, Request for Proposals (RFP), Renewable Electricity Regulations, and Respondent. It emphasizes the rights and benefits associated with renewable energy production and compliance with regulations.

2.3 Obtaining and Maintaining Electricity Standard Approval - (a) On or prior to Commercial Operation, the Seller shall obtain an Electricity Standard Approval for the Facility. NSPI shall provide the Seller, at the Seller's expense, assis...

AI summary The provision outlines the Seller's obligation to obtain and maintain Electricity Standard Approval for the Facility prior to and during the Term. Failure to do so results in liquidated damages equal to the Renewable Attribute Loss Rate multiplied by the Daily Energy Bid for each day of non-compliance.

5.1 Energy Payment - (a) Subject to, and in accordance with, the terms and conditions of the Agreement: - (i) for Net Output during the Interim Period or Extension Period, NSPI shall pay the Seller the lower of: - (A) 75% of the Incrementa...

AI summary This section outlines the payment terms for energy output under the Agreement, specifying different rates for Net Output and Excess Energy during various periods, including an Early Completion Incentive if the project starts before December 31, 2029. Curtailment payments are delayed for a specified period after the event.

s is complete and accurate and all statements, specifications, data, confirmations and information that have been set out in the Project Description are complete and accurate in all material respects. - (i) The Seller has no reason to beli...

AI summary The text outlines the Seller's representations and warranties regarding the accuracy of information provided in the Project Description and Proposal, compliance with laws, the status of the Project location, and adherence to ownership and revenue limits under the Electricity Act and Renewable Electricity Regulations.

ry Boards Act, as the context requires). Business Day – means a day, other than a Saturday or a Sunday or a statutory holiday, on which banks are open for business in the Province of Nova Scotia. Certification or Certified means (i) type c...

AI summary The document defines key terms used in regulatory proceedings, including 'Business Day', 'Certification', 'Capital Cost', 'Change in Law', 'Claimant', 'Class I and II Undertaking', 'Commencement Date', 'Commercial Operation', and 'Commercial Terms'. These definitions are critical for interpreting legal and regulatory obligations.

the date first mentioned on page (i) of the Agreement. Electricity Act – means the Electricity Act (Nova Scotia) and the regulations made thereunder, in each case, as amended from time to time. Electricity Standard Approval – means the iss...

AI summary The document defines key terms related to energy and regulatory frameworks in Nova Scotia, including the Electricity Act, Energy Bid, Energy Rate, and Energy Resource Interconnection Service, with references to relevant legislation and agreements.

Local means the province of Nova Scotia. Local Benefits means goods and services for the Facility obtained from the Nova Scotia Supply Community, as set out in the Proposal. Local Benefits Shortfall has the meaning given to it in Section 2...

AI summary The text defines key terms related to energy regulation in Nova Scotia, including 'Local Benefits,' 'Market Rules and Procedures,' 'Marginal Cost Rate,' and 'More Access to Energy Act.' It outlines definitions relevant to energy generation, procurement, and regulatory compliance.

1.8 Energy Reform (2024) Act - (a) Reference is made to the Energy Reform (2024) Act [, which came into effect on April 1, 2025 and ][Note to Finalization: Insert date of proclamation, if applicable ] pursuant to which certain Laws and Reg...

AI summary The Energy Reform (2024) Act, effective April 1, 2025, amends existing laws and introduces the More Access to Energy Act and the Energy and Regulatory Boards Act. It outlines a phased transition of system operator functions from NSPI to the IESO, including the procurement of Ancillary Services, enactment of Market Rules, and integrated resource planning by the IESO.

2.3 Obtaining and Maintaining Electricity Standard Approval - (a) On or prior to Commercial Operation, the Seller shall obtain an Electricity Standard Approval for the Facility. NSPI shall provide the Seller, at the Seller's expense, assis...

AI summary This section outlines the requirements for obtaining and maintaining Electricity Standard Approval for a Facility by the Seller. Failure to obtain or maintain this approval results in liquidated damages to NSPI based on the Renewable Attribute Loss Rate and Daily Energy Bid. NSPI retains the right to recover these damages through Performance Security or recourse against the Seller.

arbitrator; - (iv) any Permit held by the Seller; or - (v) any Laws and Regulations. - (e) It is not subject to an Event of Insolvency. - (f) As of the date hereof, there are no actions, suits, proceedings, judgments, rulings or orders by...

AI summary The text outlines various representations and warranties made by the Seller in a legal agreement, including compliance with laws, absence of insolvency events, and the accuracy of information provided. It also confirms the Seller's status as an independent power producer under the Renewable Electricity Regulations.

t mentioned on page [(i)](#page-2-0) of the Agreement. Electricity Act – means the Electricity Act (Nova Scotia) and the regulations made thereunder, in each case, as amended from time to time. Electricity Standard Approval – means the iss...

AI summary The text defines key terms related to energy regulation and legal frameworks in Nova Scotia, including acts, regulations, and contractual terms. It outlines definitions such as 'Electricity Act,' 'Energy Bid,' and 'Energy Resource Interconnection Service (ERIS)' and references legal documents like the 'Energy Reform (2024) Act.'

he Seller, NSPI and the Project Lender setting forth arrangements in respect of the interest of the Project Lender in the Agreement by way of security for the financing provided by the Project Lender. Project Lender's Security Agreement –...

AI summary The text defines various legal and financial terms related to a project agreement, including security arrangements, network upgrades, proposals, and reimbursement agreements, with references to specific entities and regulatory frameworks.

1.8 Energy Reform (2024) Act - (a) Reference is made to the Energy Reform (2024) Act which came into effect on April 1, 2025 and pursuant to which certain Laws and Regulations were amended and pursuant to which the More Access to Energy Ac...

AI summary This section discusses the Energy Reform (2024) Act, which came into effect on April 1, 2025, and its implications for the transition of system operator functions from NSPI to the IESO. It outlines how the Act may necessitate amendments to the Agreement, including the procurement of Ancillary Services and the introduction of Market Rules and Procedures by the IESO. Disagreements on amendments may be resolved through mandatory arbitration.

ller to perform its obligations under this Agreement. - (k) The Seller is an "independent power producer" as that term is defined in the Renewable Electricity Regulations. - (l) A "public utility" as that term is defined in the Electricity...

AI summary The text outlines various representations and warranties made by the Seller in a power purchase agreement, including compliance with regulations, ownership of land and renewable energy credits, and adherence to legal and regulatory requirements in Nova Scotia.

APPENDIX D - SUMMARIZED STAKEHOLDER FEEDBACK ON PPA DRAFT #1 PPA Section Question Comment Response deliver a Local Benefits Report to NSPI within 20 Business Days after COD therefore risks to show important gaps in the Local Benefits. Furt...

AI summary Stakeholders have expressed concerns about the Local Benefits Report requirement in the PPA Draft #1, suggesting it may create gaps and risks. They also oppose the financial payment requirements under Section 2.8, arguing they are overly punitive and may increase risk for bidders. Stakeholders recommend that oversight of local benefits commitments be handled by DOE or the Procurement Administrator rather than NSPI.

1.3 Defined Terms Capitalized terms used in this RFP have the respective meanings ascribed to them in - a) [Appendix A Glossary of Terms.](#page-42-0) - b) Capitalized terms used but not otherwise defined in this RFP have the meanings give...

AI summary Section 1.3 defines capitalized terms used in the RFP, directing readers to Appendix A for definitions and the PPA for terms not otherwise defined in the RFP.

2.4 Schedule Requirements a) Proposals must include a Scheduled Commercial Operation Date (" Scheduled COD ") for the Project that must be on or before December 31, 2030, and a feasible plan to meet the Scheduled COD, as determined in the...

AI summary Proposals must include a Scheduled Commercial Operation Date (Scheduled COD) by December 31, 2030, along with a feasible plan to meet this date. Proposals with an earlier COD may qualify for an Early Completion Incentive. The plan must include a timeline, key milestones, and risk mitigation strategies.

2.9 Access Rights - a) Proponents must submit a Proposal that provides evidence of access rights to the Properties included in the Project Site where the Generating Facility is to be located (the " Generating Facility Properties "). Such e...

AI summary Proponents must provide evidence of access rights to the Generating Facility Properties, including maps, land parcel registers, and letters from title holders confirming contractual rights to acquire or use the properties for the project.

3.2 Information Sharing by the Procurement Administrator - a) The PA will be responsible for communicating updates on the RFP to Proponents. Updates may include but will not be limited to: - (i) periodic responses to frequently asked quest...

AI summary The Procurement Administrator (PA) is responsible for communicating updates on the Request for Proposal (RFP) to Proponents through the RFP website and email mailing lists. Updates include FAQs, draft revisions, webinar announcements, and Addenda. Interested parties can subscribe to the email list by contacting the PA directly.

3.6 Proponent Registration - a) Prospective Proponents must submit a completed registration form (the " Registration Form ") to the PA, in accordance with the specific details set out in the Registration Form, together with a registration...

AI summary This section outlines the registration process for prospective proponents in the RFP, including submission of a registration form and fee, payment procedures, and rectification processes for deficiencies. The registration fee is non-refundable except under specific circumstances.

3.9 Proposal Submission - a) Proposed Project Configurations - (i) Each Proposal must be in respect of a single proposed Project with a primary Project Configuration (the " Primary Project Configuration "). - (ii) Proponent's may elect, bu...

AI summary This section outlines the requirements for submitting proposals under the RFP process. Proposals must include a primary and potentially an alternate project configuration, and must be submitted electronically to the PA by the deadline in compliance with specified requirements.

3.10 Notification of Selected Proponents and Other Proponents - a) Selected Proponent - (i) Once the Selected Proposals(s) are chosen by the PA, the PA will notify the Selected Proponent(s) and NSPI in writing of the selections and will no...

AI summary The document outlines the process for notifying selected proponents and other proponents following the selection of proposals by the Procurement Administrator (PA). Selected proponents must execute and deliver the Power Purchase Agreement (PPA) and related documents within 20 business days of the PPA Receipt Date, with failure leading to disqualification and potential use of the Proposal Security.

cludes an Energy Rate and Energy Bid for each Project Configuration of the proposed Project as set out in Section [2.5](#page-8-0) [Prescribed Form: Proponent Information, Declarations, and Workbook]; - (vii) the Proposal includes a comple...

AI summary The text outlines mandatory requirements for proposals, including the submission of energy rates, permits, public engagement evidence, interconnection studies, ownership confirmation, resource assessments, and financing plans. These requirements are detailed in various sections of the prescribed forms.

4.3 Stage 3 - Scored Criteria - a) All Proposals that have passed Stage 1 and Stage 2 shall have their scored criteria described in Section [0](#page-28-0) - [4.3g)](#page-33-0) (the " Scored Criteria ") evaluated by the PA for each valid...

AI summary Stage 3 of the process involves evaluating proposals based on scored criteria to ensure they provide the best value for Nova Scotians. The Procurement Administrator (PA) may adjust the GCP Portfolio Target size based on the evaluation results and pending ministerial guidance.

- c) There shall be a maximum of one hundred (100) possible Scored Criteria points awarded to any Project Configuration. The Scored Criteria to be used by the PA are as follows: Scoring Criteria Category Maximum Points Energy Rate 50 Proje...

AI summary The text outlines the scoring criteria used by the Procurement Administrator (PA) for evaluating Project Configurations, with a maximum of 100 points. Energy Rate is one of the scoring categories, and it is assigned 50 points. Other categories include Project Risk and Maturity, Environmental Risk, Project Site, Engagement, and Social and Economic Benefits.

- (i) The Energy Rate associated with each Project Configuration that has passed Stage 1 and Stage 2 will be ranked from lowest $ / MWh value to highest $ / MWh value to identify the Project Configuration with the lowest Energy Rate (" Low...

AI summary The text outlines a method for evaluating Project Configurations based on their Energy Rate. Project Configurations are ranked by Energy Rate, and points are awarded based on a formula. A Project Configuration is rejected if its Energy Rate divided by the weighted average of all ranked Energy Rates exceeds 1.5.

4.5 Stage 5 - Deliverability Assessment and GCP Portfolio Selection - a) The deliverability in respect of Project Configurations that are included in the Preliminary List will be assessed by IESO Nova Scotia in accordance with the methodol...

AI summary Stage 5 of the Green Choice Program (GCP) involves assessing the deliverability of project configurations and selecting those that meet criteria. The Deliverability Test is used to determine if a project can be included in the Offer List, and the process stops once the GCP Portfolio Target is met. Selected proponents must enter into a Power Purchase Agreement (PPA).

5.8 Interpretation - a) The following materials form part of, and are incorporated into, this RFP: - (i) the body of this RFP and all Appendices; - (ii) any Addenda; and - (iii) all Prescribed Forms. - b) Any conflict or inconsistency betw...

AI summary Section 5.8 of the RFP outlines the interpretation and prioritization of documents, specifies that the RFP governs over proposals, and clarifies that headings are for reference only. It also defines the PA's discretion, handling of ambiguities, and the application of statutory provisions.

Capitalized terms used in this RFP but not otherwise defined in this have the meanings given to them in the PPA. Term Definition Act has the meaning given to that term in Section 1.1c). Addenda means the documents expressly identified as a...

AI summary This section defines capitalized terms used in the RFP, referencing their meanings as provided in the PPA. Key terms include 'Act,' 'Addenda,' 'Affiliate,' 'Ancillary Services,' and 'Board,' among others, with definitions drawn from the PPA or specific sections of the RFP.

Any questions or comments directly regarding a publicly available resource should be directed to the appropriate publishing party. Topic RFP Section Resource Legislation and Regulations related to GCP 1.1 • the Act • the Renewable Electric...

AI summary The document outlines resources and regulations related to various topics including legislation, project site requirements, interconnection procedures, engagement practices, confidentiality, environmental assessments, transportation logistics, and economic benefits. It provides guidance for proponents navigating regulatory processes in Nova Scotia.

Appendix E - Transmission Zone Map

AI summary Appendix E outlines the Transmission Zone Map, with updated information to be provided when the RFP is issued in September.

Application by the Procurement Administrator For Approval of a Standard Form Power Purchase Agreement The Board has received an application from the Procurement Administrator, pursuant to s. 37 of the Renewable Electricity Regulations , fo...

AI summary The Board has received an application from the Procurement Administrator for approval of a standard form Power Purchase Agreement under the Green Choice Program, pursuant to the Renewable Electricity Regulations. A paper hearing will be conducted, with comments due by September 14, 2026.

August 17 , 202 6 SENT VIA E -MAIL Crystal Henwood Clerk of the Board Nova Scotia Energy Board 1601 Lower Water Street, 3 rd Floor Halifax, Nova Scotia B3J 3S3 Application for Approval of the Green Choice Power Purchase Agreement ("PPA") U...

AI summary Power Advisory LLC is requesting the Nova Scotia Energy Board to approve a standard form Power Purchase Agreement (PPA) for the Green Choice Program. The PPA is similar to one previously approved by the Board in Matter 11455. Power Advisory also seeks authority to make non-substantive changes to the PPA after approval and to adjust curtailment compensation payment timing once Nova Scotia Power Inc. agrees on a process with the Independent Electricity System Operator.

August 19, 2026 [[email protected]](mailto:[email protected]) Michael Killeavy, LL.B., MBA, P.Eng. Commercial Director Power Advisory 55 University Avenue, Suite 700 Toronot, ON M5J 2H7 Dear Mr. Killeavy: M13042 –...

AI summary The Board is reviewing a proposed Power Purchase Agreement (PPA) under the Renewable Electricity Regulations. Interested parties have been given an opportunity to provide feedback, with a timeline set for comments and replies. The panel assigned to the matter includes Stephen T. McGrath, Roland A. Deveau, and Richard J. Melanson.

Application by the Procurement Administrator For Approval of a Standard Form Power Purchase Agreement The Board has received an application from the Procurement Administrator, pursuant to s. 37 of the Renewable Electricity Regulations , fo...

AI summary The Board has received an application from the Procurement Administrator for approval of a standard form Power Purchase Agreement under the Green Choice Program, as required by the Renewable Electricity Regulations. A paper hearing will be conducted, with a deadline for comments from interested parties on September 14, 2026.