READ INITIAL COMMENTS HERE, PUBLISHED MARCH 17, 2023
PURPA 111(D) STANDARDS IN THE INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021
Demand-response practices (26 U.S.C. § 2621(d)(20))
(A) In general
Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
(B) Rate recovery
(i) In general
Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
(ii) Nonregulated electric utilities
A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
Electric vehicle charging programs (26 U.S.C. § 2621(d)(21))
Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that—
(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.
NOTICE OF PURPA CONSIDERATION AND HEARING PROCESS TO ALL ELIGIBLE PARTICIPANTS
ISSUED: FEBRUARY 17, 2023
Baldwin Electric Membership Corporation, Inc. (the “Cooperative”) hereby gives public notice regarding the process to be followed in implementing the statutory directives in the 2021 Infrastructure Investment and Jobs Act (2021 Infrastructure Bill), which amended the Public Utilities Regulatory Policies Act of 1978 (PURPA). The 2021 Infrastructure Bill established new Federal standards under Section 111(d) of PURPA, which each non-regulated electric utility (such as the Cooperative) is required to consider and to “make a determination whether or not it is appropriate to implement such standard[s]” within certain defined timelines based on evidence collected from interested persons after public notice and hearing.
The two new PURPA standards defined by the 2021 Infrastructure Bill which the Cooperative must consider are set forth below. A copy of the statute[1] containing these regulations is posted on the Cooperative’s website at www.baldwinemc.com. The “Eligible Participants” in the Cooperative’s PURPA Consideration and Hearing Process consist of any and all active members (on or after the date of this notice) of the Cooperative and the Secretary of the Department of Energy. If any Eligible Participant is not able to access the Cooperative’s website and desires a copy of the statute, that Eligible Participant should contact the Cooperative: (a) by phone: 251-989-6247; (b) by U.S. Mail: at Baldwin EMC, Attn: PURPA, P.O. Box 220, Summerdale, AL 36580; (c) by email: at PURPA@www.baldwinemc.com and a copy will be provided at cost.
The two new PURPA Standards are summarized below:
- Demand-Response Practices
(A) In general
Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
(B) Rate recovery
A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
- Electric Vehicle Charging Programs
Each electric utility shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that:
(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for light-, medium, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.
In order for the Cooperative to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether or not it is appropriate to implement such standards, the Cooperative will follow the procedural schedule set forth below (each component of which is more fully addressed in the ensuing portion of this Notice).
➢ Notice of Public Hearing/Procedural Schedule – issued February 17, 2023
➢ Initial Comments – to be submitted on or before March 17, 2023
➢ Reply Comments – to be submitted on or before March 31, 2023
➢ Notice of Intent to Participate in Public Hearing – to be submitted on or before April 6, 2023
➢ Public Hearing – to be held on April 13, 2023, commencing at 9:00 a.m. in the Baldwin EMC Training Center at the Cooperative’s headquarters, located at 19600 State Highway 59, Summerdale, Alabama 36580
➢ Determination Announcement by the Cooperative’s Board of Trustees – to be rendered on or before November 15, 2023
Should any change occur in the above schedule, it will be posted on the Cooperative’s website at www.baldwinemc.com.
Notice. This Notice is being posted at the Cooperative’s offices and on its website, and a notice was Published in the March 2023 issue of Alabama Living and the Cooperative’s March 2023 e-newsletter. Any Eligible Participant may obtain at cost, a copy of the statute incorporating changes from the 2021 Infrastructure Bill at the offices of the Cooperative following the procedures explained above.
Initial Written Comments. These comments (if possible) should be typed (double-spaced) and paginated, with appropriate headings so that the reader will know with specificity which of the two standards is being addressed. The comments should identify the full name of the Eligible Participant along with the address, telephone number, and (if available) the email address of the Eligible Participant. Comments may be submitted to the Cooperative by U.S. Mail to its office at Baldwin EMC, Attn: PURPA, P. O. Box 220, Summerdale, Alabama, 36580 or by email to purpa@www.baldwinemc.com. The Cooperative will post all qualified comments submitted by Eligible Participants on its website and will make copies of comments available at cost, to any Eligible Participant that requests a copy.
Reply Comments. The purpose of reply comments (which should conform to the format described above for initial written comments) is solely to respond to points made in another person’s initial comments; therefore, it is important that the person submitting reply comments identify with specificity the initial comment(s) to which it is responding and the points (preferably with page references) in the initial comments which it is addressing. The filing instructions described above for initial comments should be followed for reply comments. The Cooperative will post all qualified reply comments on its website and will make copies of the reply comments available at cost to any Eligible Participant that requests a copy.
Notice of Intent to Participate in Public Hearing. Any Eligible Participant that intends to participate in the Public Hearing is requested to notify the Cooperative in writing (either by mail at the Cooperative’ s office address noted above or by email at the email address noted above). The notification should indicate at least the following: (i) the name and address of the person requesting to participate; (ii) whether the person filed initial and/or reply comments; (iii) whether the person desires to make an oral presentation and if so, the anticipated length; and (iv) whether any special accommodations need to be made for the presenter.
Public Hearing. The hearing will be held in the Baldwin EMC Training Center at the Cooperative’s headquarters, located at 19600 State Highway 59, Summerdale, Alabama 36580 and will be presided over by an impartial third party selected by the Cooperative. The procedures to be followed at the hearing will be determined by the presiding officer with the goal of ensuring a full and fair record on the issues. It is contemplated that a one-day hearing will be adequate, but if that is not the case, the hearing will continue on ensuing days until completed. The purpose of the hearing is to collect evidence in addition to that found in the written comments; a person need not participate in the hearing for his/her written comments to be considered. A transcript of the proceeding will be made and will be posted on the Cooperative’s website and made available to an Eligible Participant at cost.
Determination Announcement. The Determination Announcement to be made by the Cooperative as to whether it is appropriate to implement either or both of the two standards will be in writing, will be based on findings supported by the evidence of written record, will be posted on the Cooperative’s website and will be made available for any Eligible Participant at cost.
We urge persons interested in this matter to contact us with any questions as to any of the items discussed above. Thank you in advance for your interest.
_________________________
[1] 16 U.S. Code § 2621 – Consideration and determination respecting certain ratemaking standards.