BILL NO. 41
(as introduced)
1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Electricity Efficiency and Conservation Restructuring (2014) Act
The Honourable Andrew Younger
Minister of Energy
First Reading: April 7, 2014
Second Reading: April 8, 2014
Third Reading: April 29, 2014 (LINK TO BILL AS PASSED)
An Act Respecting Electricity
Efficiency and Conservation
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Electricity Efficiency and Conservation Restructuring (2014) Act.
(a) "Corporation" means the Efficiency Nova Scotia Corporation established pursuant to the Efficiency Nova Scotia Corporation Act;
(b) "first franchise holder" means the body corporate that is granted the first franchise pursuant to Section 79C of the Public Utilities Act;
(c) "Fund" means the Electricity Demand-side Management Fund established pursuant to the Efficiency Nova Scotia Corporation Act;
(d) "Implementation Date" means January 1, 2015, or such other date or dates prescribed by the regulations;
(e) "Minister" means the Minister of Energy;
(f) "personal information" has the same meaning as in the Personal Information Protection and Electronic Documents Act (Canada);
(g) "Review Board" means the Nova Scotia Utility and Review Board established pursuant to the Utility and Review Board Act.
3 Where there is a conflict between this Act or the regulations and the Efficiency Nova Scotia Corporation Act or the regulations made pursuant to that Act, this Act and the regulations prevail.
4 (1) The Corporation shall, on or before the Implementation Date, transfer to the first franchise holder all of its business information, including any business information that is personal information.
(2) Information transferred pursuant to this Section is subject to the same conditions on the transfer to which it was subject when held by the Corporation.
(3) A transfer to the first franchise holder pursuant to this Section of information that is subject to any privilege, including solicitor-client privilege, does not constitute a waiver of the privilege.
(4) No person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, the Corporation, Nova Scotia Power Incorporated or the first franchise holder arising from or in relation to any transfer of information by the Corporation to the first franchise holder pursuant to this Section.
5 (1) Notwithstanding any agreement to the contrary and subject to the regulations, any agreement to which the Corporation is a party that is in effect immediately before the Implementation Date and not excluded from assignment by the regulations is assigned to the first franchise holder, effective on the Implementation Date.
(2) Where an agreement is assigned pursuant to subsection (1),
(a) the assignment is effective notwithstanding any restriction on transfer or assignment provided for in the agreement;
(b) the assignment is not subject to any notice requirement in the agreement or otherwise existing at law; and
(c) no person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, the Corporation or the first franchise holder arising from or in relation to the assignment.
(3) Upon the assignment of an agreement pursuant to subsection (1), the first franchise holder has the same rights, privileges and obligations as the Corporation would have had if the Corporation had remained a party to the agreement.
6 (1) Notwithstanding any agreement to the contrary and subject to the regulations, every person who is an employee of the Corporation immediately before the Implementation Date becomes an employee of the first franchise holder on the Implementation Date and ceases to be an employee of the Corporation.
(2) The continuity of employment of an employee transferred pursuant to this Section is not broken by the operation of this Section.
(3) Every such employee's employment by the first franchise holder is deemed to include the period of employment as an employee of the Corporation.
(4) The first franchise holder is bound by any employment agreement between the Corporation and an employee transferred pursuant to this Section as if the franchise holder were the Corporation.
7 (1) Subject to the regulations and subsection (3), effective on the Implementation Date,
(a) all of the assets of the Corporation existing immediately before the Implementation Date, including, for greater certainty, the Fund, are vested in the first franchise holder; and
(b) all of the liabilities and obligations of the Corporation existing immediately before the Implementation Date become the liabilities and obligations of the first franchise holder.
(2) Upon the vesting of the Fund in the first franchise holder, the first franchise holder shall wind up the Fund as directed by the Review Board and is responsible for the management of the Fund until it is wound up.
(3) Any claim pursuant to the Excise Tax Act (Canada) and any related right of action are not affected by this Section.
8 Any assets of the Corporation acquired on or after the Implementation Date must be transferred to Nova Scotia Power Incorporated for the benefit of the customers of Nova Scotia Power Incorporated as directed by the Board.
9 Notwithstanding Sections 28 to 30 of the Efficiency Nova Scotia Corporation Act, all costs of the Corporation and the first franchise holder relating to the incorporation of the first franchise holder, the transfer or disclosure of information, the assignment of agreements, the transfer of employees, the vesting of assets, liabilities and obligations in the first franchise holder and the application to the Review Board pursuant to Section 79Q of the Public Utilities Act may be paid for by the Corporation out of the Fund.
10 Notwithstanding Section 6 of the Efficiency Nova Scotia Corporation Act, the Corporation shall be known as "ENS Transition Corporation".
11 (1) The Governor in Council may make regulations
(a) prescribing an Implementation Date other than January 1, 2015, including different Implementation Dates for different provisions or matters;
(b) respecting the assignment of agreements of the Corporation for the purpose of this Act, including, without limiting the generality of the foregoing, regulations
(ii) attaching terms or conditions to any such an assignment or exclusion and consequences for failing to meet such terms or conditions, and
(iii) with respect to any matter or thing the Governor in Council considers necessary or advisable to achieve the assignment of agreements pursuant to this Act;
(ii) attaching terms or conditions to any such transfer or exclusion and consequences for failing to meet such terms or conditions, and
(iii) with respect to any matter or thing the Governor in Council considers necessary or advisable to achieve the transfer of the assets, liabilities or obligations of the Corporation pursuant to this Act;
(e) respecting the structure and management of the Corporation;
(f) defining any word or expression used but not defined in this Act;
(g) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
12 (1) Effective on and after January 1, 2015, any approval with respect to Demand Side Management Cost Recovery Charges or the Demand Side Management Cost Recovery Rider in Nova Scotia Power Incorporated's rates and tariffs approved by the Review Board in its order dated February 1, 2013, is of no force and effect.
(2) For greater certainty, subsection (1) does not apply to electricity sold by Nova Scotia Power Incorporated before January 1, 2015.
13 Effective January 1, 2015, Sections 20, 31, 35 and 39 of Chapter 3 of the Acts of 2009, the Efficiency Nova Scotia Corporation Act, are repealed.
14 Chapter 3 of the Acts of 2009 is repealed.
15 Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is amended by adding immediately after Section 79 the following heading and Sections:
79A In this Section and Sections 79B to 79V,
(a) "affiliate" means an affiliate within the meaning of Companies Act, and includes a person that Nova Scotia Power Incorporated does not deal with at arm's length;
(b) "electricity efficiency and conservation activities" means activities, programs or plans relating to
(ii) the conservation of electricity,
(iii) the alteration of the consumption pattern of an end-user of electricity that has the effect of reducing demand during Nova Scotia Power Incorporated's periods of highest demand,
(iv) the utilization or management by Nova Scotia Power Incorporated of its electrical system in a more cost-effective manner,
(v) the delivery of a reduction in the amount of electrical energy or capacity that Nova Scotia Power Incorporated would otherwise be required to supply to its customers, or
(d) "franchise holder" means a body corporate granted a franchise pursuant to Section 79C;
(e) "Implementation Date" has the same meaning as in the Electricity Efficiency and Conservation Restructuring (2014) Act;
(f) "Minister" means the Minister of Energy;
(g) "personal information" has the same meaning as in the Personal Information Protection and Electronic Documents Act (Canada);
(h) "prescribed" means prescribed by the regulations.
79B (1) Upon invitation by the Minister, a person may apply for a franchise.
(2) An applicant for a franchise shall provide the Minister with such information as may be prescribed, in such time and manner as may be prescribed.
(3) Neither Nova Scotia Power Incorporated or any of its affiliates may apply for a franchise.
79C (1) Upon application pursuant to Section 79B, the Minister may grant an electricity efficiency and conservation franchise pursuant to this Section.
(a) gives the franchise holder the exclusive right to supply Nova Scotia Power Incorporated with reasonably available, cost-effective electricity efficiency and conservation activities for the purpose of this Act;
(b) is for a term of nine years ending December 31st in the ninth year of the franchise;
(c) is subject to any terms or conditions specified by the Minister in the grant of the franchise; and
(d) may be terminated by the Minister for a breach of a term or condition specified by the Minister in the grant of the franchise, for a failure by the franchise holder to achieve a performance requirement established by the Board pursuant to subsection 79M(1) or 79R(4) or if the agreement between the franchise holder and Nova Scotia Power Incorporated is terminated by the Board pursuant to clause 79N(2)(c).
(3) At the request of the Minister, the Board shall review and assess the extent to which a franchise holder is in compliance with any of the terms, conditions or performance requirements referred to in subsection (2).
(4) A franchise holder and Nova Scotia Power Incorporated shall provide the Board with the information and evidence the Board considers necessary for the purpose of a review and assessment pursuant to subsection (3).
(5) No transfer or assignment of a franchise is effective without the approval of the Minister.
79D Notwithstanding clause 79C(2)(b), where a franchise is terminated and a new franchise is granted, the term of the new franchise includes the balance of the current year in addition to the nine-year term.
79E (1) In the event of the termination or expiration of a franchise, the franchise holder shall provide a new franchise holder with the information in its possession or control, including personal information, and the assistance necessary for the uninterrupted delivery or evaluation of electricity efficiency and conservation activities, in such manner as the Minister directs.
(2) The information and assistance referred to in subsection (1) must be provided within a reasonable period to ensure the uninterrupted delivery of electricity efficiency and conservation activities.
(3) Where there is no new franchise holder, the information and assistance referred to in subsection (1) must be provided to Nova Scotia Power Incorporated for the uninterrupted delivery of electricity efficiency and conservation activities and to enable Nova Scotia Power Incorporated to provide the information and assistance to the new franchise holder when the new franchise holder is known.
(4) All persons shall keep confidential all information obtained pursuant to this Section except information that
(a) is in the public domain at the time it is obtained;
(b) comes into the public domain after it has been obtained, other than by virtue of a breach of this subsection; or
(c) is required by law to be disclosed, but only to the extent so required.
(5) Information provided pursuant to this Section is subject to the same conditions on the transfer or disclosure to which it was subject when held by the franchise holder, and the person to whom it is disclosed or transferred shall comply with any such conditions.
(6) The provision of information pursuant to this Section that is subject to any privilege, including solicitor-client privilege, does not constitute a waiver of the privilege.
(7) No person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, Nova Scotia Power Incorporated, the franchise holder or the new franchise holder arising from or in relation to the provision of information to the new franchise holder or Nova Scotia Power Incorporated pursuant to this Section.
79F (1) Notwithstanding any agreement to the contrary, in the event of the termination or expiration of a franchise, any agreement between the franchise holder and any other person with respect to the franchise may be assigned to a new franchise holder or such other person as the Minister directs in accordance with the terms of an order made by the Minister pursuant to Section 79U and, upon such assignment,
(a) the franchise holder is relieved of obligations pursuant to the assigned agreement on and after the date of the assignment but remains responsible for all payments accrued before the date of the assignment and all liabilities arising from any disputes arising from such agreement before the date of the assignment;
(b) the new franchise holder or other person to whom the agreement is assigned is entitled to any benefits, and is responsible for any obligations, pursuant to the assigned agreement on and after the date of the assignment, but is not responsible for any payments accrued before the date of the assignment or any liabilities arising from any disputes arising from such agreement before the date of the assignment; and
(c) no person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, Nova Scotia Power Incorporated, the franchise holder, the new franchise holder or another person to whom an agreement is assigned pursuant to this Section arising from or in relation to the assignment.
(2) The Board has the general supervision of a franchise holder for the purpose of Section 79E and this Section, and may make all necessary examinations and inquiries, keep itself informed as to the compliance by the franchise holder with the law and obtain from the franchise holder all information necessary to enable the Board to fulfil its duties.
(3) Upon application by the Minister, Nova Scotia Power Incorporated, the franchise holder or the new franchise holder, the Board shall determine any matters required to be determined with respect to the termination or expiration of the franchise and the transition of franchise activities to the new franchise holder.
(4) Where a franchise holder, other than the holder of a franchise that is terminated for any of the reasons set out in clause 79C(2)(d), provides information or assistance pursuant to subsection 79E(1) or (3), the franchise holder may apply to the Board to determine the appropriate compensation, and the new franchise holder or Nova Scotia Power Incorporated, as the case may be, shall compensate the franchise holder for the information or assistance provided, subject to any terms or conditions that the Board considers appropriate, by paying the franchise holder the amount of compensation determined by the Board for that purpose.
(5) Where the new franchise holder pays compensation pursuant to subsection (4), the Board shall permit the new franchise holder to recover the amount of compensation it pays from Nova Scotia Power Incorporated pursuant to their first agreement.
79G (1) The Board has the general supervision of a franchise holder in relation to the franchise holder's franchise activities, and may make all necessary examinations and inquiries, keep itself informed as to the compliance by the franchise holder with the law and obtain from the franchise holder all information necessary to enable the Board to fulfil its duties.
(2) For the purpose of Sections 15 to 19, 21, 22, 25, 27 to 29, 34, 46, 47, 49 to 51, 63, 76, 79, 80, 83 to 85, 88 to 106 and 111 to 118, a franchise holder is deemed to be a public utility in relation to its franchise activities and those Sections apply mutatis mutandis to the franchise holder with respect to those activities.
(3) The Board may order and thereupon a franchise holder shall furnish to the Board an independent savings review of the franchise holder's franchise activities to identify potential savings by the franchise holder.
(4) The Board may order that the independent savings review pursuant to subsection (3) include
(a) an assessment of the franchise activities of the franchise holder;
(b) an assessment of the franchise holder's fiscal management of its revenue and expenses relating to its franchise activities;
(c) a value-for-money assessment examining the economy, efficiency and effectiveness of the operations and management of the franchise holder's franchise activities; and
(d) such other matters as the Board considers relevant to the assessment of potential savings.
(5) An order made pursuant to subsection (3) may include such terms or conditions as the Board considers necessary or advisable.
(6) A franchise holder shall, on the request of the Board, by the date requested by the Board, provide reports to the Board, dealing with such matters and in such detail as the Board may require or as may be prescribed.
79H The Board shall determine the cost-effective electricity efficiency and conservation activities that must be undertaken for the purpose of this Act.
79I (1) On and after the Implementation Date, Nova Scotia Power Incorporated shall undertake cost-effective electricity efficiency and conservation activities that are reasonably available in an effort to reduce costs for its customers.
(2) Nova Scotia Power Incorporated shall meet its obligation pursuant to subsection (1)
(a) by entering into an agreement with a franchise holder for the supply of electricity efficiency and conservation activities, if there is a franchise holder, that is approved by the Board pursuant to Section 79L; or
(b) where there is no franchise holder, in the manner approved by the Board, subject to any terms or conditions considered appropriate by the Board.
(3) Notwithstanding subsection (2) and clause 79C(2)(a) but subject to any other requirement for review or approval by the Board in this Act, Nova Scotia Power Incorporated may
(a) maintain or develop rate structures or technologies for its customers incorporating load management features, including load shifting and interruptibility;
(b) enter into financing arrangements with its customers or offer support for the supply of heating equipment, including heat pumps, to its customers;
(c) undertake any electricity efficiency and conservation activities with respect to its own property;
(d) undertake charitable giving with respect to electricity efficiency and conservation activities; and
(e) undertake any other activity, subject to approval by the Board, that, in the opinion of the Board, will not unduly interfere with the franchise holder's franchise.
79J (1) In order to purchase electricity efficiency and conservation activities from a franchise holder to meet its obligation pursuant to clause 79I(2)(a), Nova Scotia Power Incorporated shall enter into agreements with a franchise holder that meet the requirements of this Section.
(a) be for a term of three years, ending on December 31st of the third year of the agreement;
(b) not be terminable or terminated unless the franchise holder's franchise is terminated or the termination is approved by the Board pursuant to Section 79N;
(c) describe the electricity efficiency and conservation activities that the franchise holder will provide to Nova Scotia Power Incorporated; and
(d) identify the amount that Nova Scotia Power Incorporated will pay to the franchise holder for the supply of electricity efficiency and conservation activities.
(3) Where Nova Scotia Power Incorporated and the franchise holder are unable to finalize the required agreement, either or both of them may apply to the Board for a decision with respect to a proposed agreement and, upon considering the application, the Board shall establish a final agreement between the parties on such reasonable terms as the Board considers appropriate.
(4) An application made pursuant to subsection (3) is deemed to be an application for the approval of an agreement pursuant to Section 79L and Section 79L applies mutatis mutandis to the application.
79K (1) Nova Scotia Power Incorporated shall provide a franchise holder with such information in its possession or control, including records and personal information, respecting customer electricity usage and load as is necessary to enable the franchise holder to provide Nova Scotia Power Incorporated with reasonably available cost-effective energy efficiency and conservation activities.
(2) Upon written notice from a franchise holder, Nova Scotia Power Incorporated shall, within a reasonable period, provide the franchise holder, for the purpose of enabling the franchise holder to provide Nova Scotia Power Incorporated with reasonably available cost-effective energy efficiency and conservation activities, such information in its possession or control, including records and personal information, respecting customer electricity usage and load as is specified in the notice.
(3) Subsections (1) and (2) apply whether or not an agreement has been entered into between Nova Scotia Power Incorporated and the franchise holder.
(4) A franchise holder that believes that Nova Scotia Power Incorporated has failed to provide the information required or requested pursuant to subsection (1) or (2) may apply to the Board for a determination of what information Nova Scotia Power Incorporated is required to provide and the period within which it must be provided.
(5) A franchise holder shall keep confidential all information obtained pursuant to this Section except information that
(a) is in the public domain at the time it is obtained;
(b) comes into the public domain after it has been obtained, other than by virtue of a breach of this subsection; or
(c) is required by law to be disclosed, but only to the extent so required.
(6) Information provided pursuant to this Section is subject to the same conditions on transfer or disclosure to which it was subject when held by Nova Scotia Power Incorporated, and the franchise holder shall comply with any such conditions.
(7) A transfer or disclosure for the purpose of this Section of information that is subject to any privilege, including solicitor-client privilege, does not constitute a waiver of the privilege.
(8) No person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, Nova Scotia Power Incorporated or the franchise holder arising from or in relation to any provision of information by Nova Scotia Power Incorporated to the franchise holder pursuant to this Section.
79L (1) No agreement between Nova Scotia Power Incorporated and a franchise holder, including an agreement amending such an agreement, is valid until it has been approved by the Board pursuant to this Section.
(2) Where Nova Scotia Power Incorporated and a franchise holder have finalized an agreement, either or both of them may apply to the Board for approval of the agreement.
(3) Regardless of which makes the application, both Nova Scotia Power Incorporated and the franchise holder are applicants.
(4) Upon receiving the application, the Board shall, when establishing a process for the review and approval of the application, ensure that an applicant that did not file the application has sufficient time, as the Board may determine, to prepare the information or evidence required by subsection (5).
(5) Each of the applicants shall provide any information or evidence required by the Board for its determination of the application.
(6) Notwithstanding subsection (5), in the application, the franchise holder is primarily responsible to provide information and evidence to the Board to justify the electricity efficiency and conservation activities that it proposes to undertake for Nova Scotia Power Incorporated, and Nova Scotia Power Incorporated is entitled to rely upon the expertise of the franchise holder in respect of the delivery of the electricity efficiency and conservation activities.
(7) Notwithstanding subsection (6), in the application, the franchise holder is entitled to rely upon the written information and evidence filed with the Board by Nova Scotia Power Incorporated for the purpose of the application and proceeding.
(8) The Board shall approve an agreement pursuant to this Section if, in addition to any other matters considered appropriate by the Board, it is satisfied that the agreement, including the proposed electricity efficiency and conservation activities that are the subject of the agreement, is in the best interests of Nova Scotia Power Incorporated's customers and satisfies the requirements of Section 79J.
(9) The Board's assessment of the proposed electricity efficiency and conservation activities for the purpose of the approval must take into account their affordability to Nova Scotia Power Incorporated's customers, along with any other matters considered appropriate by the Board or as may be prescribed.
79M (1) In making an order approving an agreement pursuant to Section 79L, the Board shall establish such performance requirements for the franchise holder as the Board considers appropriate.
(2) The failure of the franchise holder to achieve performance requirements established pursuant to subsection (1) is not the responsibility of Nova Scotia Power Incorporated except to the extent that the Board determines that Nova Scotia Power Incorporated materially contributed to the franchise holder's failure to achieve the requirements by failing to comply with the approved agreement.
(3) In making an order approving an agreement pursuant to Section 79L, the Board shall determine and approve the costs that are payable by Nova Scotia Power Incorporated to the franchise holder pursuant to the agreement.
(4) In making an order approving an agreement pursuant to Section 79L, the Board may attach such modifications to the agreement or such terms or conditions as the Board considers appropriate, and the agreement is subject to any modifications, terms or conditions that the Board attaches to its approval.
(5) In making an order approving an agreement pursuant to Section 79L, the Board shall include a provision to permit Nova Scotia Power Incorporated to recover any costs Nova Scotia Power Incorporated incurs pursuant to the approved agreement, including through its rate base, pursuant to Section 45, in the year in which the costs are incurred or as deferred by the Board.
(6) The Board may, in its discretion, defer the recovery of costs incurred by Nova Scotia Power Incorporated pursuant to all approved agreements up to a cumulative amount of $100,000,000, taking into account, in addition to any other matters considered appropriate by the Board,
(a) the extent to which the payment of the costs for electricity efficiency and conservation activities can be matched to the expected benefits; and
(b) the stability of the rates paid by Nova Scotia Power Incorporated's customers.
79N (1) Neither party to an agreement approved pursuant to Section 79L may terminate the agreement without the approval of the Board
(2) Notwithstanding Sections 79I and 79J, upon receiving an application to terminate an agreement pursuant to this Section, the Board may, based on its assessment of the matter and its determination of what is in the best interests of Nova Scotia Power Incorporated's customers,
(a) provide directions to the parties as if the application were made pursuant to subsection 79P(1);
(b) terminate the agreement and establish a new agreement between the parties for any period up to the date on which the terminated agreement would have expired if not terminated as if the application were made pursuant to subsection 79J(3); or
(c) terminate the agreement and permit Nova Scotia Power Incorporated to meet its obligation pursuant to subsection 79I(1) in the manner approved by the Board, subject to any terms or conditions considered appropriate by the Board.
79O Notwithstanding clause 79J(2)(a), where an agreement is terminated and a new franchise is granted, the term of the first agreement between the new franchise holder and Nova Scotia Power Incorporated includes the balance of the current year in addition to the three-year term.
79P (1) Where Nova Scotia Power Incorporated and a franchise holder are parties to an approved agreement, either or both of them may apply to the Board for directions relating to any disagreement between them in relation to the agreement.
(2) Upon receiving an application pursuant to this Section, the Board shall, when establishing a process for the review and disposition of the application, ensure that a party that did not file the application has such sufficient notice and time, as the Board may determine, to prepare the information or evidence required by subsection (3).
(3) Each of the parties shall provide any information or evidence required by the Board for its determination of the application.
(4) Notwithstanding Sections 79I and 79J, upon considering the application, the Board may, based on its assessment of the matter and its determination of what is in the best interests of Nova Scotia Power Incorporated's customers, provide directions to the parties.
79Q (1) Notwithstanding clause 79C(2)(b), the first franchise granted after the coming into force of this Section expires December 31, 2024.
(2) Notwithstanding Sections 79I and 79J, for the purpose of Section 79I, Nova Scotia Power and the holder of the first franchise granted after the coming into force of this Section are deemed to have entered into an initial agreement for the supply of electricity efficiency and conservation activities by the franchise holder to Nova Scotia Power Incorporated, as set out in this Section, for a term commencing on the Implementation Date and ending on December 31, 2015.
(3) The franchise holder shall develop a proposal setting out electricity efficiency and conservation activities for the period referred to in subsection (2) and apply to the Board to approve the activities for the purpose of the agreement.
(4) An application pursuant to subsection (3) is deemed to be an application for the approval of an agreement pursuant to Section 79L and Section 79L applies, mutatis mutandis, to the application.
79R (1) In making an order approving electricity efficiency and conservation activities pursuant to Section 79Q, the Board shall approve the amount that the franchise holder may spend to supply the activities, which must not exceed the sum of
(b) the amount of any over recovery of funds by Efficiency Nova Scotia Corporation during 2013.
(2) In making an order approving electricity efficiency and conservation activities pursuant to Section 79Q, the Board shall approve the amount that the franchise holder may charge to Nova Scotia Power Incorporated for the activities, which must not exceed the lesser of
(b) the amount approved by the Board pursuant to subsection (1) less the amount of any over recovery of funds by Efficiency Nova Scotia Corporation during 2013.
(3) The recovery by Nova Scotia Power Incorporated from its customers of the amount charged to it by the franchise holder, as permitted by subsection (2), must be deferred, and must be recovered by Nova Scotia Power Incorporated, including through its rate base, over the eight-year period beginning January 1, 2016.
(4) In making an order with respect to an application pursuant to Section 79Q, the Board shall establish such performance requirements for the franchise holder as it considers appropriate and may establish such other terms or conditions for the initial agreement between Nova Scotia Power Incorporated and the franchise holder as the Board considers appropriate.
(5) The failure of the franchise holder to achieve performance requirements established pursuant to subsection (4) is not the responsibility of Nova Scotia Power Incorporated except to the extent that the Board determines that Nova Scotia Power Incorporated materially contributed to the franchise holder's failure to achieve the requirements by failing to comply with the approved agreement.
(6) Nova Scotia Power Incorporated shall pay the amount charged to it, as permitted pursuant to subsection (2), to the holder of the first franchise in equal monthly instalments, with the first instalment due on the later of January 1, 2015 and the first day of the month in which the Implementation Date occurs.
79S The Board may, when approving an application made pursuant to Section 79L or 79Q, determine the manner in which any costs recoverable by Nova Scotia Power Incorporated from its customers must be allocated amongst Nova Scotia Power Incorporated's customers, and in doing so may, in addition to any other factors considered appropriate by the Board, take into account the Rate Smoothing Adjustment approved by the Board in its order dated January 29, 2014.
79T Notwithstanding Sections 28 to 30 of the Efficiency Nova Scotia Corporation Act, any surplus or deficit relating to the Electricity Demand-side Management Fund established pursuant to that Act may be addressed by the Board, in any manner that the Board determines to be appropriate.
79U (1) The Minister may make an order for the purpose of subsection 79F(1) assigning an agreement as referred to in that subsection, including attaching terms or conditions to any such assignment and consequences for failing to meet such terms or conditions, and respecting any other matter or thing the Minister considers necessary or advisable to achieve the assignment of such agreements.
(2) The exercise by the Minister of the authority contained in subsection (1) is not a regulation within the meaning of the Regulations Act.
79V (1) The Governor in Council may make regulations for the purpose of Sections 79A to 79U, including regulations
(a) prescribing activities, programs or plans that are electricity efficiency and conservation activities;
(b) prescribing the information that must be included when applying for a franchise and the time and manner of such an application;
(c) prescribing reports that a franchise holder must provide for the purpose of 79G(6);
(d) prescribing matters that the Board must consider pursuant to subsection 79L(9);
(e) defining any word or expression used but not defined in this Act;
(f) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of these Sections.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
16 Sections 10 and 14 come into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created April 30, 2014. Send comments to legc.office@novascotia.ca.
