Prescribed Generation Facilities and Energy-Storage Projects Regulations
made under subsections 4AA(8) and 4D(9) of the
Electricity Act
S.N.S. 2004, c. 25
O.I.C. 2024-304 (effective August 6, 2024), N.S. Reg. 160/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Interpretation
Citation
Definitions
Prescribed Generation Facilities
Bear Lake Wind Power Project and EverWind Fuels Ltd.
Kmtnuk Wind Power Project and EverWind Fuels Ltd.
Windy Ridge Wind Power Project and EverWind Fuels Ltd.
Upper Afton Wind Project and EverWind Fuels Ltd.
Goose Harbour Lake Wind Farm Project and Port Hawkesbury Paper Limited
Partnership
Prescribed Energy-Storage Projects
Nova Scotia Power Incorporated lithium-ion battery storage project
Interpretation
Citation
1 These regulations may be cited as the Prescribed Generation Facilities and Energy-Storage Projects Regulations.
Definitions
2 In these regulations,
“Act” means the Electricity Act;
“energy rate” means the price per kilowatt hour for renewable low-impact
electricity.
Prescribed Generation Facilities
Bear Lake Wind Power Project and EverWind Fuels Ltd.
3 (1) The Bear Lake Wind Power Project, which is principally located in West Hants
Regional Municipality, is prescribed as a generation facility under Section 4AA of
the Act.
(2) The Bear Lake Wind Power Project has a maximum nameplate capacity of
100 MW.
(3) The Minister must ensure that the purchase agreement issued to the owner of the
Bear Lake Wind Power Project under subsection 4AA(2) of the Act contains all of
the following terms and conditions:
(a) the term of the purchase agreement is 25 years;
(b) the energy rate must not exceed $67.00/MWh during the term of the
purchase agreement;
(c) Nova Scotia Power Incorporated must purchase all of the output of the Bear
Lake Wind Power Project during the term of the purchase agreement;
(d) the Bear Lake Wind Power Project is not required to provide pre-commercial-operation performance security;
(e) if the associated sale agreement has been terminated or is not in effect, the
Bear Lake Wind Power Project must provide post-commercial-operation
performance security.
(4) The sale agreement issued to EverWind Fuels Ltd. under subsection 4AA(2A) of
the Act must contain all of the following terms and conditions:
(a) the customer is EverWind Fuels Ltd., which is located at Point Tupper,
Richmond County;
(b) the sale agreement must come into effect no earlier than the date the Bear
Lake Wind Power Project’s purchase agreement comes into effect and must
end on or before the date the purchase agreement is terminated or ends;
(c) the customer must pay all of the following amounts:
(i) the energy rate in effect at the time for the output of the Bear Lake
Wind Power Project generation facility,
(ii) an administration fee of $4.00/MWh on the energy rate in effect at
the time for the output of the Bear Lake Wind Power Project
generation facility.
(5) Nova Scotia Power Incorporated must use the proceeds of the administration fee
charged under subclause (4)(c)(ii) to recover any costs associated with
administering the purchase and sale agreements, and any remaining amounts must
be applied to the fixed costs of the electricity system.
(6) If the customer defaults in payments to Nova Scotia Power Incorporated under this
agreement, Nova Scotia Power Incorporated may terminate the sale agreement in
accordance with the terms of the sale agreement.
(7) The customer must not transfer the sale agreement to another party without prior
approval from the Minister.
Kmtnuk Wind Power Project and EverWind Fuels Ltd.
4 (1) The Kmtnuk Wind Power Project, which is located in Colchester County, is
prescribed as a generation facility under Section 4AA of the Act.
(2) The Kmtnuk Wind Power Project has a maximum nameplate capacity of 175 MW.
(3) The Minister must ensure that the purchase agreement issued to the owner of the
Kmtnuk Wind Power Project under subsection 4AA(2) of the Act contains all of
the following terms and conditions:
(a) the term of the purchase agreement is 25 years;
(b) the energy rate must not exceed $65.00/MWh during the term of the
purchase agreement;
(c) Nova Scotia Power Incorporated must purchase all of the output of the
Kmtnuk Wind Power Project during the term of the purchase agreement;
(d) the Kmtnuk Wind Power Project is not required to provide pre-commercial-operation performance security;
(e) if the associated sale agreement has been terminated or is not in effect, the
Kmtnuk Wind Power Project must provide post-commercial-operation
performance security.
(4) The sale agreement issued to EverWind Fuels Ltd. under subsection 4AA(2A) of
the Act must contain all of the following terms and conditions:
(a) the customer is EverWind Fuels Ltd., which is located at Point Tupper,
Richmond County;
(b) the sale agreement must come into effect no earlier than the date the
Kmtnuk Wind Power Project’s purchase agreement comes into effect and
must end on or before the date the purchase agreement is terminated or
ends;
(c) the customer must pay all of the following amounts:
(i) the energy rate in effect at the time for the output of the Kmtnuk
Wind Power Project generation facility,
(ii) an administration fee of $4.00/MWh on the energy rate in effect at
the time for the output of the Kmtnuk Wind Power Project
generation facility.
(5) Nova Scotia Power Incorporated must use the proceeds of the administration fee
charged under subclause (4)(c)(ii) to recover any costs associated with
administering the purchase and sale agreements, and any remaining amounts must
be applied to the fixed costs of the electricity system.
(6) If the customer defaults in payments to Nova Scotia Power Incorporated under this
agreement, Nova Scotia Power Incorporated may terminate the sale agreement in
accordance with the terms of the sale agreement.
(7) The customer must not transfer the sale agreement to another party without prior
approval from the Minister.
Windy Ridge Wind Power Project and EverWind Fuels Ltd.
5 (1) The Windy Ridge Wind Power Project, which is located in Colchester County, is
prescribed as a generation facility under Section 4AA of the Act.
(2) The Windy Ridge Wind Power Project has a maximum nameplate capacity of
450 MW.
(3) The Minister must ensure that the purchase agreement issued to the owner of the
Windy Ridge Wind Power Project under subsection 4AA(2) of the Act contains all
of the following terms and conditions:
(a) the term of the purchase agreement is 25 years;
(b) the energy rate must not exceed $65.00/MWh during the term of the
purchase agreement;
(c) Nova Scotia Power Incorporated must purchase all of the output of the
Windy Ridge Wind Power Project during the term of the purchase
agreement;
(d) the Windy Ridge Wind Power Project is not required to provide pre-commercial-operation performance security;
(e) if the associated sale agreement has been terminated or is not in effect, the
Windy Ridge Wind Power Project must provide post-commercial-operation
performance security.
(4) The sale agreement issued to EverWind Fuels Ltd. under subsection 4AA(2A) of
the Act must contain all of the following terms and conditions:
(a) the customer is EverWind Fuels Ltd., which is located at Point Tupper,
Richmond County;
(b) the sale agreement must come into effect no earlier than the date the Windy
Ridge Wind Power Project’s purchase agreement comes into effect and
must end on or before the date the purchase agreement is terminated or
ends;
(c) the customer must pay all of the following amounts:
(i) the energy rate in effect at the time for the output of the Windy Ridge
Wind Power Project generation facility,
(ii) an administration fee of $4.00/MWh on the energy rate in effect at
the time for the output of the Windy Ridge Wind Power Project
generation facility.
(5) Nova Scotia Power Incorporated must use the proceeds of the administration fee
charged under subclause (4)(c)(ii) to recover any costs associated with
administering the purchase and sale agreements, and any remaining amounts must
be applied to the fixed costs of the electricity system.
(6) If the customer defaults in payments to Nova Scotia Power Incorporated under this
agreement, Nova Scotia Power Incorporated may terminate the sale agreement in
accordance with the terms of the sale agreement.
(7) The customer must not transfer the sale agreement to another party without prior
approval from the Minister.
Upper Afton Wind Project and EverWind Fuels Ltd.
6 (1) The Upper Afton Wind Project, which is located in Guysborough County and
Antigonish County, is prescribed as a generation facility under Section 4AA of the
Act.
(2) The Upper Afton Wind Project has a maximum nameplate capacity of 120 MW.
(3) The Minister must ensure that the purchase agreement issued to the owner of the
Upper Afton Wind Project under subsection 4AA(2) of the Act contains all of the
following terms and conditions:
(a) the term of the purchase agreement is 25 years;
(b) the energy rate must not exceed $65.00/MWh during the term of the
purchase agreement;
(c) Nova Scotia Power Incorporated must purchase all of the output of the
Upper Afton Wind Project during the term of the purchase agreement;
(d) the Upper Afton Wind Project is not required to provide pre-commercial-operation performance security;
(e) if the associated sale agreement has been terminated or is not in effect, the
Upper Afton Wind Project must provide post-commercial-operation
performance security.
(4) The sale agreement issued to EverWind Fuels Ltd. under subsection 4AA(2A) of
the Act must contain all of the following terms and conditions:
(a) the customer is EverWind Fuels Ltd., which is located at Point Tupper,
Richmond County;
(b) the sale agreement must come into effect no earlier than the date the Upper
Afton Wind Project’s purchase agreement comes into effect and must end
on or before the date the purchase agreement is terminated or ends;
(c) the customer must pay all of the following amounts:
(i) the energy rate in effect at the time for the output of the Upper Afton
Wind Project generation facility,
(ii) an administration fee of $4.00/MWh on the energy rate in effect at
the time for the output of the Upper Afton Wind Project generation
facility.
(5) Nova Scotia Power Incorporated must use the proceeds of the administration fee
charged under subclause (4)(c)(ii) to recover any costs associated with
administering the purchase and sale agreements, and any remaining amounts must
be applied to the fixed costs of the electricity system.
(6) If the customer defaults in payments to Nova Scotia Power Incorporated under this
agreement, Nova Scotia Power Incorporated may terminate the sale agreement in
accordance with the terms of the sale agreement.
(7) The customer must not transfer the sale agreement to another party without prior
approval from the Minister.
Goose Harbour Lake Wind Farm Project and Port Hawkesbury Paper Limited
Partnership
7 (1) The Goose Harbour Lake Wind Farm Project, which is located in Guysborough
County, is prescribed as a generation facility under Section 4AA of the Act.
(2) The Goose Harbour Lake Wind Farm Project has a maximum nameplate capacity
of 168 MW.
(3) The Minister must ensure that the purchase agreement issued to the owner of the
Goose Harbour Lake Wind Farm Project under subsection 4AA(2) of the Act
contains all of the following terms and conditions:
(a) the term of the purchase agreement is 25 years;
(b) the energy rate must not exceed $87.00/MWh during the term of the
purchase agreement;
(c) the Minister may incorporate an escalation rate, not exceeding 1% per year,
in the purchase agreement, but the total energy rate must not exceed the
maximum amount specified in clause (b);
(d) Nova Scotia Power Incorporated must purchase all of the output of the
Goose Harbour Lake Wind Farm Project during the term of the purchase
agreement;
(e) the Goose Harbour Lake Wind Farm Project is not required to provide pre-commercial-operation performance security;
(f) if the associated sale agreement has been terminated or is not in effect, the
Goose Harbour Lake Wind Farm Project must provide post-commercial-operation performance security.
(4) The sale agreement issued to Port Hawkesbury Paper Limited Partnership under
subsection 4AA(2A) of the Act must contain all of the following terms and
conditions:
(a) the customer is Port Hawkesbury Paper Limited Partnership, which is
located at Point Tupper, Richmond County;
(b) the sale agreement must come into effect no earlier than the date the Goose
Harbour Lake Wind Farm Project’s purchase agreement comes into effect
and must end on or before the date the purchase agreement is terminated or
ends;
(c) the customer must pay all of the following amounts:
(i) the energy rate in effect at the time for the output of the Goose
Harbour Lake Wind Farm Project generation facility,
(ii) an administration fee of $4.00/MWh on the energy rate in effect at
the time for the output of the Goose Harbour Lake Wind Farm
Project generation facility;
(d) the administration fee must be reduced to $2.00/MWh for each year that the
energy demand of Port Hawkesbury Paper Limited Partnership is
625 000 MWh or greater.
(5) Nova Scotia Power Incorporated must use the proceeds of the administration fee
charged under subclause (4)(c)(ii) to recover any costs associated with
administering the purchase and sale agreements, and any remaining amounts must
be applied to the fixed costs of the electricity system.
(6) The customer is entitled to receive an equivalent volume of energy as was
generated by the Goose Harbour Lake Wind Farm Project and energy that was
curtailed and for which compensation was payable to the Goose Harbour Lake
Wind Farm Project.
(7) If the customer defaults in payments to Nova Scotia Power Incorporated under this
agreement, Nova Scotia Power Incorporated may terminate the sale agreement in
accordance with the terms of the sale agreement.
(8) The customer must not transfer the sale agreement to another party without prior
approval from the Minister.
Prescribed Energy-Storage Projects
Nova Scotia Power Incorporated lithium-ion battery storage project
8 (1) The Nova Scotia Power Incorporated lithium-ion battery storage project is
prescribed as an energy-storage project under Section 4D of the Act.
(2) Nova Scotia Power Incorporated must install three 50 MW 4-hour duration
lithium-ion grid-scale batteries with an electricity storage energy rating of
200 MWh each.
(3) Each 50 MW battery must be housed in a separate facility.
(4) Nova Scotia Power Incorporated must install a facility adjacent to the substation in
all of the following locations:
(a) Bridgewater, Lunenburg County;
(b) Canaan Road substation on White Rock Road, Kings County;
(c) Spider Lake, Halifax County.
(5) Nova Scotia Power Incorporated must prepare and file with the Board and the
Minister an annual report for each year up to and including the year 2030, on the
use of each battery project, including details about the services provided.
The following regulations are not
yet in force and are not included in the current consolidation: