Wholesale Market Rules Regulations
made under Section 5 of the
S.N.S. 2004, c. 25
O.I.C. 2007-43 (January 22, 2007, effective February 1, 2007), N.S. Reg. 36/2007
1 These regulations may be cited as the Wholesale Market Rules Regulations.
2 In these regulations,
(a) “Act” means the Electricity Act;
(b) “ancillary services” means the services that are necessary to support thetransmission of capacity and energy from resources to loads while maintainingreliable operation of the transmission provider’s transmission system inaccordance with good utility practices;
(c) “Board” means the Nova Scotia Utility and Review Board;
(d) “bulk electricity supply system” means a transmission system and allgenerating facilities that must be registered with NSPSO under the marketrules, including all related communications, protection and control systems;
(e) “distribution system” means a system for conveying electricity at voltages ofless than 69 kV, and includes
(i) all communications, protection and control systems that interact with thetransmission system, and
(ii) a transformer station for transforming electricity from voltages of 69 kVor more to voltages of below 69 kV;
(f) “facility” means a generating facility, load facility and distribution system;
(g) “generating facility” means one or more generators located in a single site, andincludes
(i) all associated prime movers, station service equipment andcommunications, protection and control systems, and
(ii) a transformer station for transforming electricity to the voltage at which itis delivered to the transmission system or distribution system to which itis connected;
(h) “good utility practices” means the practices, methods or acts, includingpractices, methods and acts engaged in or approved by a significant portion ofthe electric utility industry in North America, that at a particular time, in theexercise of reasonable judgment, would have been expected to accomplish thedesired result in a manner consistent with regulations, reliability, safety,environmental protection, economy and expedition as applied and practiced inthe utility industry with respect to power generation, delivery, purchase andsale;
(i) “load facility” means a facility to which electricity is supplied from atransmission system;
(j) “market participant” means a person who has executed a participationagreement with NSPSO and NSPI in defined circumstances set out in themarket rules;
(k) “market rules” means the rules made by the Minister under the Act and Section4;
(l) “NSPI” means Nova Scotia Power Inc.;
(m) “NSPSO” means the Nova Scotia Power System Operator, a part of theCustomer Operations division of the transmission provider;
(n) “participation agreement” means an agreement executed between NSPSO anda person other than the transmission provider that enables the person to receiveservice under the transmission tariff;
(o) “transmission provider” means Nova Scotia Power Incorporated;
(p) “transmission system” means the facilities owned, controlled or operated bythe transmission provider that are used to provide transmission service underPart II and Part III of the transmission tariff;
(q) “transmission tariff” means the open access transmission tariff approved by theBoard on May 31, 2005, as amended by the Board.
Use of transmission system
3 A person must not, except in accordance with the market rules, provide or convey, orcause to be provided or conveyed, electricity or ancillary services into, through or out ofthe transmission system in any way, including
(a) directly as a market participant; and
(b) by interconnecting a generating facility with a distribution system.
4 (1) Subject to the limitations set out in these regulations, the Minister may make marketrules for
(a) the market opened to wholesale customers;
(b) the market opened to eligible customers under the transmission tariff; and
(c) the operation of the bulk electricity supply system.
(2) The market rules must define the rights and obligations of NSPSO towards a marketparticipant and of a market participant towards NSPSO within the market that isopen for participation in Nova Scotia.
(3) The rights and obligations of NSPSO as set out in the market rules are subject to theauthority retained by the Province in respect of, or associated with, future changes ineligibility for participation in the market.
Scope of market rules
5 Market rules made under subsection 4(1) must address all of the following matters:
(a) the market itself, its scope and its objective;
(b) the administration of the market, including market participation, registration offacilities, market rule amendments, temporary waivers, compliance,monitoring, dispute resolution, enforcement, emergencies, informationreporting and data collection and analysis;
(c) planning and reliability functions for the bulk electricity supply system,including emergency planning;
(d) operation and function of the bulk electricity supply system, includingscheduling of energy transactions and ancillary services;
(e) settlement functions.
Eligibility for market participation
6 The market rules must establish criteria and procedures to accredit an applicant as eligibleto be [a] market participant, including criteria and procedures for credit support andtechnical requirements.
Registration of facilities
7 The market rules must establish criteria and procedures for facilities required to beregistered with NSPSO.
8 The market rules must establish reporting and confidentiality requirements for marketinformation.
9 The market rules must provide for collecting, maintaining, reporting on and analyzinginformation and data required for the operation of the market.
10 NSPSO must provide the Board with the information and data that the Board requests formarket surveillance and for any investigation directed by the Board.
Wholesale market advisory committee
11 The market rules must establish a wholesale market advisory committee and outline itsmandate.
Resolution of disputes
12 The market rules must establish methods to resolve disputes between a market participantand NSPSO.
Amendment of market rules
13 (1) The market rules must establish criteria and procedures for NSPSO to amend,subject to subsection 4(3), the market rules.
(2) The market rules must establish criteria and procedures for an urgent amendment tothe market rules.
(3) The market rules must establish procedures and requirements for the application forand the publication of an amendment to the market rules.
Temporary waiver from market rules
14 (1) The market rules must establish criteria and procedures by which NSPSO may granta temporary waiver from the application of any provision of the market rules.
(2) The market rules must establish procedures and requirements for the application forand the publication of a temporary waiver.
Administration of market rules
15 (1) On the effective date of these regulations, the Minister must delegate to NSPSO theadministration and enforcement of the market rules.
(2) NSPSO is authorized to give instructions or directions under the market rules.
(3) NSPSO is authorized to make an order or decision under the market rules, includingan order or decision
(a) authorizing a market participant to provide or convey, or to cause to beprovided or conveyed, electricity or ancillary services into, through or out ofthe transmission system; or
(b) terminating, suspending or restricting a person’s right to provide or convey, orto cause to be provided or conveyed, electricity or ancillary services into,through or out of the transmission system.
Review of market rules
16 On application by any person, the Board may review any provision of the market rules.
Appeals to the Board
17 (1) A person who is subject to an order or decision made by NSPSO and has attemptedto resolve the matter as provided for in the market rules may appeal the order ordecision to the Board.
(2) A person whose application to become a market participant is rejected by NSPSOand who has attempted to resolve the matter as provided in Section 12 and in themarket rules may appeal to the Board.
(3) The Board may hear appeals respecting facilities that are required to be registeredwith NSPSO after the parties have attempted to resolve the matter as provided inSection 12 and the market rules.
18 The powers of the Board respecting a hearing or an appeal under the Public Utilities Actand regulations apply to a review or an appeal under the market rules.