BILL NO. 95
(as introduced)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Reliability and Accountability in Electricity Act
Andrew Younger
Dartmouth East
First Reading: October 25, 2012
Second Reading:
Third Reading:
An Act to Ensure for Greater
Reliability, Responsiveness and Accountability
of the Distribution of Electricity in Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Reliability and Accountability in Electricity Act.
(a) "Board" means the Nova Scotia Utility and Review Board;
(b) "Corporation" means Nova Scotia Power Incorporated;
(c) "Minister" means the Minister of Energy;
(d) "substation" means a part of a transmission line, and includes equipment for transforming, compensating, switching, rectifying or inverting electric energy flowing to, over or from the transmission line.
3 (1) The Minister shall set performance standards respecting the Corporation's
(a) electricity-service reliability;
(b) electricity-service disruption preparedness;
(c) electricity-service restoration; and
(d) communications to the public relating to electricity-service disruption.
(a) meet the standards established by the Minister pursuant to subsection (1); and
(b) annually file with the Minister a progress report detailing the reliability of the electricity service in the Province and detailing the manner in which the standards established pursuant to subsection (1) were met during the last fiscal year.
(3) The annual report referred to in clause (2)(b) must be submitted to the Minister each year no later than 60 days after the end of the Corporation's fiscal year.
4 (1) The Corporation shall file with the Board no later than March 1st of each year a service reliability plan for review and approval by the Board.
(2) The service reliability plan filed pursuant to subsection (1) must include information respecting
(a) the provision of a reliable and safe electricity service; and
(b) the adequacy of anticipated time frames for restoring electricity service in the event of a service outage.
(3) The Board may approve the plan or direct the Corporation to re-file the plan with any necessary modifications.
(4) The decision of the Board made pursuant to subsection (3) must be made public.
5 (1) The Board may institute an investigation for the purpose of ascertaining whether the performance of the Corporation in restoring electricity service after a service outage was adequate and in all respects reasonable.
(2) Where after making any summary investigation, the Board is satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall give to the Corporation a notice of the matters under investigation.
(3) Fourteen days after the notice referred to in subsection (2) is given, the Board may set a time and place for a hearing and an investigation.
(4) Notice of the time and place of the hearing and investigation must be given to the Corporation and to such other interested persons as the Board determines and thereafter the proceedings must be conducted in reference to the matter investigated in the same manner as a complaint filed pursuant to the Public Utilities Act.
(5) Where the Board finds, following a hearing, that due to the Corporation's failure to implement its service-reliability plan the duration of the electricity-service disruption was materially longer than forecasted, the Board may make an order imposing
(a) in the case of failure by an individual, an administrative penalty of not more than 25,000 dollars payable within 30 days; or
(b) in the case of failure by the Corporation, an administrative penalty of not more than 100,000 dollars payable within 30 days,
or a public or private reprimand, or both.
(6) When the administrative penalty imposed pursuant to subsection (5) is not paid within 30 days, the Board shall impose an additional administrative penalty for each day until the penalty is paid.
6 (1) The Corporation shall file with the Board no later than March 1st of each year a service-disruption communications plan for review and approval by the Board.
(2) The service-disruption communications plan filed pursuant to subsection (1) must include
(a) a description of the Corporation's customer communications system and strategy when electricity-service disruption occurs at any time;
(b) a description of the Corporation's customer communications system and strategy when electricity-service disruption occurs at any time as a result of an emergency situation; and
(c) the names of the designated and substitute Corporation staff who will communicate directly with emergency-response officials during emergency-related electricity-service disruption.
(3) The Board shall consult the Emergency Measures Office when reviewing the portion of the plan referred to in clauses (2)(b) and (c).
(4) The Board may approve the plan referred to in subsection (1) or may direct the Corporation to re-file the plan with any necessary modifications.
(5) The decision of the Board made pursuant to subsection (4) must be made public.
7 (1) The Board may institute an investigation for the purpose of ascertaining the adequacy and reliability of the Corporation's service-disruption communications plan.
(2) Where, after making any summary investigation, the Board is satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall give to the Corporation a notice of the matters under investigation.
(3) Fourteen days after the notice referred to in subsection (2) is given, the Board may set a time and place for a hearing and an investigation.
(4) Notice of the time and place of the hearing and investigation must be given to the Corporation and to such other interested persons as the Board determines and thereafter the proceedings must be conducted in reference to the matter investigated in the same manner as a complaint filed pursuant to the Public Utilities Act.
(5) Where the Board finds, following a hearing, that due to the Corporation's failure to implement its service-disruption communications plan the Corporation's communications with the public during the electricity-service disruption were materially less effective than predicted, the Board may make an order imposing
(a) in the case of failure by an individual, an administrative penalty of not more than 25,000 dollars payable within 30 days; or
(b) in the case of failure by the Corporation, an administrative penalty of not more than 100,000 dollars payable within 30 days,
or a public or private reprimand. or both.
(6) When the administrative penalty imposed pursuant to subsection (5) is not paid within 30 days, the Board shall impose an additional administrative penalty for each day until the penalty is paid.
8 (1) Before the Board imposes an administrative penalty pursuant to subsection 5(5) or 7(5), the Board shall consider
(a) previous enforcement actions for contraventions of a similar nature;
(b) the gravity and magnitude of the contravention;
(c) whether the contravention was repeated and continuous;
(d) the efforts undertaken to correct the contravention; and
(e) such other factors as the Board considers appropriate.
(2) An administrative penalty payable by the Corporation must not be levied against the ratepayers of the Corporation.
9 (1) The Corporation shall file with the Board no later than March 1st of each year a document detailing its strategies to mitigate flooding of its substations located in areas identified by the Department of the Environment as being naturally prone to flooding.
(2) The document filed pursuant to subsection (1) must include an analysis of the feasibility of mitigation by, including but not limited to,
(a) switching to other sources;
(b) deployment of mobile units;
(c) construction of flood walls;
(e) relocation of substations,
including the time frames and cost estimates for each option set out in clauses (a) to (c).
(3) The Board shall consult the Emergency Measures Office and the Department of the Environment when reviewing the document referred to in subsection (1).
(4) The Board may approve the document referred to in subsection (1) or may direct the Corporation to re-file the document with any necessary modifications.
(5) The decision of the Board made pursuant to subsection (4) must be made public.
10 (1) There is hereby established a fund to be known as the Reliable Electricity Service Civil Penalty Fund.
(2) An administrative penalty imposed pursuant to subsection 5(5) or 7(5) must be paid into the Fund.
(3) The Fund is under the control and supervision of the Minister of Finance and must be held in trust in a special account in the General Revenue Fund of the Province.
(4) Subject to subsection 5, the Minister may authorize expenditures from the Fund for
(a) improvements regarding the reliability of electricity service;
(b) improvements regarding restoration times following electricity service outages;
(c) improvements regarding communications with the public when electricity-service disruption occurs;
(d) improvements to community infrastructure designed to support communities during electricity-service disruption;
(e) improvements to minimize flooding of substations; or
(f) compensation to ratepayers for losses caused by an unreliable electricity transmission system.
(5) The money required for the purpose of this Section must be paid out of money appropriated for that purpose by the Legislature and, for greater certainty, no deduction may be made pursuant to this Section until the money is appropriated by the Legislature.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created October 25, 2012. Send comments to legc.office@novascotia.ca.
