Commonwealth of Massachusetts Department of Public Utilities

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

Petition of Western Massachusetts Electric ) Company dib/a Eversource Energy for ) approval by the Department of Public ) Utilities often long-term contracts for ) D.P.U. 17-119 procurement of renewable energy and ) renewable energy certificates from ten ) individual renewable energy projects, ) pursuant to St. 2012, c. 209, §36, and ) 220 C.M.R. 21.00 )

PETITION FOR LEAVE TO INTERVENE OF NEXTERA ENERGY RESOURCES, LLC

Pursuant to G.L. c. 30A, 220 CMR § 1.03 and the October 21, 2017 Order of Notice issued by the Department of Public Utilities (the “Department”), NextEra Energy Resources, LLC

(“NextEra”), on behalf of its affiliates, hereby petitions the Department for leave to intervene in the above-referenced proceeding.

In support of this petition, NextEra states as follows:

PROCEDURE

1. On September 20, 2017, pursuant to Section 83A of An Act Relative to Green

Communities, St. 2008, c.169, §83A and 220 CMR 21.00, Western Massachusetts Electric

Company, d/b/a Eversource Energy (the “Company”) filed a petition with the Department

seeking approval, pursuant to St. 2012, c. 209, § 36, and 220 CMR 21.00, often long-term

contracts for renewable energy (“PPAs”) it executed as a result ofajoint competitive

solicitation undertaken pursuant to Department approval conferred upon the Company by

DPU 15-84.

1 2. The Company has entered into the PPAs to acquire its pro rata share of total renewable

energy output and Renewable Energy Certificates (“RECs”) from ten renewable energy

projects.

3. In its petition, the Company states that the ten projects compare favorably on price and

non-price factors to the range of renewable energy resources available, and, thus, are low-

cost, cost-effective contracts.

NEXTERA ENERGY RESOURCES, LLC

4. NextEra is a leading producer of clean and renewable energy in North America. Through

its affiliates, NextEra owns and operates a diverse portfolio of power generation resources

across the United States and Canada that includes wind, natural gas, nuclear, solar, and oil.

NextEra is the largest generator of wind and solar in North America, with a total

generating capacity over 19,000 megawatts.

5. In New England, NextEra-owned affiliates own generating facilities and projects in

Connecticut, Massachusetts, Maine, New Hampshire, and Vermont.

6. Included among these NextEra-owned entities are the facilities and projects in New

England owned by Chinook Solar, LLC; Farmington Solar, LLC; Quinebaug Solar, LLC;

and Sanford Airport Solar LLC (the “NextEra Affiliates”). Each of these NextEra

Affiliates is a counterparty to an agreement subject to Department approval in this

proceeding.

2 7. The NextEra Affiliates own four (4) of the projects chosen by the Company, because

these four NextEra Affiliate projects compare favorably on price and non-price factors to

the range of renewable energy resources available, and, thus, are low-cost, cost-effective

contracts.

INTERVENTION

8. Pursuant to G.L.c.30A, §10, the Department may “. . . allow any person showing that he

may be substantially and specifically affected by the proceeding to intervene as a party in

whole or any portion of the proceeding....” G.L.c.30A, §10(4). 220 CMR 1.03(1) (e).

9. “To participate, a petitioner must demonstrate a sufficient interest in the proceeding.”

Boston Edison Co. v. Department of Public Utilities, 375 Mass. 1,45 (1978), cert. denied

439 U.S. 921 (1978). Hearing Officer Ruling on Petition/or Intervention, DPU 17-05

(July 17, 2017) at 3.

10. In this proceeding, the NextEra Affiliates will be substantially and specifically affected in

that the NextEra Affiliates are counterparties to the PPAs which will be reviewed and

either approved or not approved by the Department in this proceeding. The Department’s

order will have a substantial and direct effect on the NextEra Affiliates and on NextEra, as

indirect wholly-owned affiliates of NextEra.

11. The NextEra Affiliates seek to protect their interests in the approval of the above

referenced PPAs. No other party can adequately represent these interests as contractual

counterparties to these PPAs.

12. Department precedent supports the intervention of contracting parties in proceedings

where their contracts or agreements are being reviewed by the Department. NSTAR

Electric Co., DPU 12-30 (2012); Hearing Officer Ruling on Petitions to Intervene (June 5,

3 2012) at 3 (“Because Cape Wind is the owner of the Cape Wind project and counterparty

to the long-term contract at issue, I find that Cape Wind is substantially and specifically

affected by this proceeding and that no other party can adequately represent its interests.”);

Massachusetts Electric Co. and Nantucket Electric Co., DPU 10-54 (2010) (Cape Wind

Associates, LLC allowed to intervene in Department Section 83 reviews of long-term

renewable contracts between utility petitioners and Cape Wind); NSTARElectric Co.,

DPU 11-07 (2011) (Blue Sky East, LLC allowed to intervene in Department review of

long-term renewable contracts between NSTAR and Blue Sky East); Cambridge Electric

Light Co./Commonwealth Electric Co., DTE 04-60 (2004) (Pittsfield Generation allowed

to intervene in Department review of proposed termination agreements between the

petitioner and Pittsfield); Canal Electric Co., DTE 02-34 (2002) (FPL Energy Seabrook

allowed to intervene in the Department’s review of a purchase and sale agreement

between FPL Energy Seabrook and Canal regarding sale of interest in Seabrook Station);

Fitchburg Gas and Electric Light Co., DPU 13-l46/DPU 13-147/DPU13-148/DPU 13-

149 (2014) (Evergreen Wind and Blue Sky West counterparties allowed to intervene in

Departments review of long-term PPAs and PPA for renewable energy certificates).

13. The NextEra Affiliates whose contractual rights, duties, and obligations are being

adjudicated by the Department in this proceeding intend to participate fully in the

proceeding through the presentation of evidence, cross-examination, and legal argument.

No other party in the proceeding is in a position to represent the stated interests of the

NextEra Affiliates.

4 14. The intervention of NextEra on behalf of the NextEra Affiliates and their participation will

not adversely affect the orderly conduct of this proceeding.

15. For the reasons stated above, the NextEra Affiliates’ participation as full party intervenors

in this proceeding is appropriate under G.L. c. 30A, § 10(4) and 220 C.M.R. § 1.03(1), and

Department precedent.

WHEREFORE, NextEra, on behalf of the NextEra Affiliates respectfully requests that the

Department GRANT this Petition for Leave to Intervene in this proceeding.

Respectfully Submitted, ‘\J\,c c3\yl Nicholas J. Scobbo, Jr. BBO #448900 Alan D. Mandl BBO #317180 Ferriter, Scobbo & Rodophele PC 125 High St., Suite 2611 Boston, MA 02110 Tel: (617) 737-1800 x 4501

nscobbo@ferriterscobbo . corn amandl@ferriterscobbo corn

Brian J. Murphy Senior Attorney NextEra Energy Resources, LLC 700 Universe Blvd Juno Beach, FL 33408 Tel: 561-694-3814 Brian.J. N4urph\’inee.com

Dated: November 27, 2017

5 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

Petition of Western Massachusetts Electric ) Company, d/b/a Eversource Energy for ) approval by the Department of Public ) Utilities often long-term contracts for ) D.P.U. 17-119 procurement of renewable ) energy and renewable energy ) certificates from ten individual renewable ) energy projects, pursuant to St. 2012, ) c. 209, §36, and 220 CMR 21.00. )

APPEARANCE OF COUNSEL

In the above-referenced proceeding, I hereby appear for and on behalf of NextEra Energy Resources, LLC.

Alan D. Mandi Esq. Ferriter, Scobbo and Rodophele, PC 125 High Street-Suite 2611 Boston, MA 02110 Phone: (617) 737-1800 Email: amandl(aferriterscobbo,coii

Dated: November 27, 2017 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

APPEARANCE OF COUNSEL

In the above-referenced proceeding, I hereby appear for and on behalf of NextEra Energy

Resources, LLC.

\ \ (2 •1 ç Nicholas J. Scobbo, Ji Esq. Ferriter, Scobbo and Rodophele, PC 125 High Street-Suite 2611 Boston, MA 02110 Phone: (617) 737-1800 Email: nscobbo(aferriterscobbo.com

Dated: November 27, 2017 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

Petition of Western Massachusetts Electric Company, dibla Eve rsource Energy for ) approval by the Department of Public

Utilities often long-term contracts for ) D.P.U. 17-119 procurement of renewable ) energy and renewable energy certificates from ten individual renewable ) energy projects, pursuant to St. 2012, ) c. 209, § 36, and 220 CMR 21.00.

CERTIFICATE OF SERVICE

I certify that I have this day served the foregoing Petition for Leave to Intervene of

NextEra Energy Resources, LLC and Appearances of Counsel upon the Service List attached hereto in the above-captioned proceeding in accordance with the requirements of 220 C.M.R.

1.05 of the Department’s Rules of Practice and Procedure by electronic mail upon all parties stated on the attached Service List in this proceeding and a copy by hand delivery and by electronic mail on Presiding Officer Elizabeth Lydon.

Alan D. Mandl, Esq. Ferriter, Scobbo and Rodophele, PC 125 High Street- Suite 2611 Boston, MA 02110 (617) 737-1800

Dated: November 27, 2017 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES D.P.U. 17-119

SERVICE LIST

Jessica Buno Ralston, Esq. Company: Keegan Werlin LLP Phone: Address: 265 FrankNn Street Boston MA 02110 Email: [email protected] Fax: Service Type: email

Danielle Winter, Esq. Company: Keegan Werlin LLP Phone: 617-951-1400 Address: 265 Franklin Street Boston MA 02110 Email: [email protected] Fax: 617-951-1354 Service Type: email

Elizabeth Mahony, Esq. Company: Office of the Attorney General Phone: 617-727-2200 Address: One Ashburton Place Boston MA 02108 Email: [email protected] Fax: Service Type: email Matthew Saunders, Esq. Company: Office of the Attorney General Phone: 617-727-2200 Address: One Ashburton Place Boston MA 02108 Email: Matthew.Saunders©state.maws Fax: Service Type: email Jared desRosiers, Esq. Company: Pierce Atwood LLP Phone: Address: 254 Commercial Street Portland ME 04104 Email: [email protected] Fax: Service Type: email

Geoffrey G. Why, Esq. Phone: (617) 274-2854 Company: Verrill Dana LLP Address: One Boston Place, Suite 1600, Boston, MA 02108 Service Type: email

Daniel Burstein, Legal Counsel Phone: (617) 626-7303 Company: Department of Energy Resources Address: 100 Cambridge Street, Suite 1020, Boston, MA 02114 Service Type: email

Ben Dobbs, Legal Counsel Phone: (617) 626-7323 Company: Department of Energy Resources Address: 100 Cambridge Street, Suite 1020, Boston, MA 02114 Service Type: email