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UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
The Goodyear Tire & Rubber Company, ) ) Docket No. EL16-___-000 Complainant, ) ) v. ) ) Entergy Texas, Inc. ) ) Respondent. )
COMPLAINT OF THE GOODYEAR TIRE & RUBBER COMPANY AGAINST ENTERGY TEXAS, INC., REQUEST FOR FAST TRACK PROCESSING, REQUEST FOR SHORTENED ANSWER PERIOD, AND MOTION FOR STAY
Pursuant to Section 306 of the Federal Power Act,1 the Public Utility Regulatory
Policies Act (“PURPA”),2 Section 206 of the Rules and Regulations of the Federal
Energy Regulatory Commission (“Commission”),3 and Section 292.303 of the
Commission’s regulations,4 The Goodyear Tire & Rubber Company (“Goodyear,” or
“Complainant”) submits this Complaint against Entergy Texas, Inc. (“ETI”). For the
reasons set forth below, Complainant requests that the Commission process this
Complaint utilizing Fast Track procedures in accordance with Rule 206(h) of the
Commission’s Rules of Practice and Procedure5 and issue an order (1) granting the
Complaint and (2) finding that ETI’s proposed termination of the Agreement for
1 16 U.S.C. § 825e (2012). 2 16 U.S.C. § 824a-3(a). 3 18 C.F.R. § 385.206 (2016). 4 18 C.F.R. § 292.303. 5 18 C.F.R. § 385.206(h).
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Purchased Power between Goodyear and ETI (the “PPA”)6 is contrary to ETI’s obligation
to purchase energy and capacity from Goodyear pursuant to Section 292.303 of
Commission’s regulations7 implementing PURPA, and the Commission’s January 21,
2016, order (“January 21 Order”) granting, in part, ETI’s application to terminate its
mandatory purchase obligation.8 As further set forth below, ETI acknowledged in its
Commission filings requesting the January 21 Order that the Goodyear qualifying facility
(“QF”) subject to the PPA is an under-20 MW QF from which ETI remains obligated to
purchase energy and capacity. However, ETI now seeks to revise its position after the
January 21 Order issued and to improperly terminate the PPA; Goodyear respectfully
requests an order granting this Complaint and preventing such termination.
In addition, in the event the Commission does not issue an order granting the
relief requested in the Complaint on or before August 31, 2016, Goodyear requests the
Commission stay ETI’s proposed termination of the sales of QF energy by Goodyear
described herein until such time as either (1) the Complaint is granted or (2) the
Complaint is denied and Goodyear has had a reasonable opportunity to register with the
Midcontinent Independent System Operator, Inc. (“MISO”) and enter into alternate
arrangements for the sale of Goodyear’s QF energy in MISO.
6 The Agreement for Purchase of Energy from Qualifying Facilities was originally between Goodyear and Entergy Gulf States, Inc. (formerly Gulf States Utilities), and dated December 10, 1999, but fully executed as of December 14, 1999. ETI is the successor-in-interest to Entergy Gulf States, Inc. under the PPA. The PPA is provided herewith in confidential Attachment 1. The PPA contains privileged and confidential information consisting of commercial arrangements between Goodyear and ETI, and Goodyear respectfully requests that Attachment 1 be treated as confidential subject to the protective order provided herewith as Attachment 9. 7 Id. 8 Entergy Services, Inc., et al., 154 FERC ¶ 61,035 (2016) (“January 21 Order”). The application was filed by Entergy Services, Inc. on behalf of ETI and other subsidiaries; this complaint refers to the application as being filed by ETI.
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I. SUMMARY
Complainant and ETI are parties to a PPA pursuant to which ETI purchases QF
energy from Goodyear as required by PURPA and the Commission’s rules and
regulations implementing PURPA. On January 21, 2016, the Commission issued an
order granting ETI’s September 29, 2014, application seeking to terminate, on a service
territory-wide basis, the requirement imposed on ETI under PURPA and the
Commission’s implementing rules and regulations to enter into new power purchase
obligations or contracts to purchase electric energy and capacity from QFs and small
power production facilities with a net capacity in excess of 20 MW. While ETI was thus
relieved of its obligation to purchase energy and capacity from QFs with a net capacity in
excess of 20 MW, the January 21 Order did not relieve ETI of its statutory obligation to
purchase energy and capacity from QFs like Goodyear’s with a net capacity of 20 MW or
less.
Goodyear has engaged in multiple communications with ETI to inform ETI of
Goodyear’s position that the net capacity of the Goodyear QF at issue is less than 20 MW
and thus the January 21 order is not applicable to the PPA. Nevertheless, on June 1,
2016, ETI notified Goodyear of its unwarranted and therefore unexpected intent to
terminate the PPA effective September 1, 2016, “in light of” the relief granted by the
Commission in the January 21 Order.9 Goodyear now files this Complaint with the
Commission to remedy ETI’s erroneous interpretation and application of the
Commission’s order as relieving ETI of the obligation to purchase energy and capacity
from Goodyear. In addition, at this point there is insufficient time for Goodyear to
9 The June 1, 2016, notice of termination, which was received by Goodyear on June 6, 2016, is included herewith as Attachment 7.
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register with MISO and obtain Commission authorizations required in order to sell
energy to other counterparties as of September 1.10 Accordingly, Goodyear seeks Fast
Track processing of this Complaint pursuant to the Commission’s regulations and the
issuance of an order on the Complaint on or before August 31, 2016.
Finally, in the event the Commission does not issue an order granting the
Complaint on or before August 31, 2016, Goodyear requests the Commission issue a stay
of the application of its January 21 Order to sales of QF energy by Goodyear until such
time as either (1) the Complaint is granted or (2) the Complaint is denied and Goodyear
has had a reasonable opportunity to register with MISO and enter into alternate
arrangements for the sale of Goodyear’s QF energy into MISO.
II. COMMUNICATIONS
Communications regarding this Complaint should be directed to the following
individuals:
John S. Decker Damien R. Lyster Vinson & Elkins LLP 2200 Pennsylvania Ave NW Suite 500 West Washington, DC 20037-1701 Tel: (202) 639-6599 [email protected]
10 As explained further below, due to the timing of the unexpected attempt by ETI to terminate the PPA, Goodyear is unable to become a participant in the MISO markets until December 1, 2016, at the earliest.
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III. DESCRIPTION OF THE PARTIES
A. The Goodyear Tire & Rubber Company (Complainant)
The Goodyear Tire & Rubber Company is an Ohio corporation with its principal
place of business located at 200 Innovation Way, Akron, Ohio 44316-0001. Goodyear is
one of the world’s leading manufacturers of tires, engaging in operations in most regions
of the world. As further explained herein, Goodyear owns and operates a chemical plant
located in Beaumont, Texas, that produces synthetic rubber. As further explained below,
the Beaumont plant is served by two QFs owned and operated by Goodyear: a
cogeneration facility self-certified as a QF in Commission Docket No. QF87-116-000 and
a separate cogeneration facility self-certified as a QF in Commission Docket No. QF99-
85-000. Goodyear’s Beaumont chemical plant and QFs are located within the area served
by Entergy Texas, Inc.
B. Entergy Texas, Inc. (Respondent)
Entergy Texas, Inc. is a Texas corporation with its principal place of business
located at 350 Pine Street, Beaumont, Texas, 77701. ETI is a vertically integrated
electric utility located in the MISO regional transmission organization market and
provides wholesale and retail electric power service in Texas, including Beaumont where
Complainant’s QFs are located. Specifically, ETI is the successor-in-interest to Entergy
Gulf States, Inc. (formerly Gulf States Utilities) under the PPA. ETI is a subsidiary and
utility operating company of Entergy Corporation, which is an electric utility holding
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company that consists of, in part, the Entergy Operating Companies11 and various service
and support subsidiaries, including Entergy Services, Inc. (“ESI”).
IV. BACKGROUND
A. Goodyear QFs
Goodyear owns and operates The Goodyear Tire & Rubber Company Chemical
Plant in Beaumont, Texas, which produces a portion of Goodyear’s global synthetic
rubber requirements. The Beaumont plant consists of the original western portion of the
plant and, as discussed below, the Beaumont/East expansion. In addition, Goodyear
owns and operates two QFs, a cogeneration facility self-certified as a QF in Commission
Docket No. QF87-11612 (the “1987 Beaumont/West QF”) and a separate cogeneration
facility self-certified as a QF in Commission Docket No. QF99-8513 (the “1999
Beaumont/East QF”). As explained in the 1987 Beaumont/West QF Self-certification,
the 1987 Beaumont/West QF includes multiple direct-fired boilers that produce steam for
use in Goodyear’s west chemical facility at Beaumont, Texas. Steam is delivered from
the boilers, through a turbine, and on to the chemical plant for use in heat exchangers for
hydrocarbon distillation. The 1987 Beaumont/West QF is wholly owned by Goodyear
and all electricity generated by the cogeneration facility is utilized by the Beaumont
chemical plant. This cogeneration facility is purely demand driven—it cannot operate
11 The Entergy Operating Companies are Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., ETI, and Entergy New Orleans, Inc. 12 The Goodyear Tire & Rubber Company, Notice of Qualification of a Cogeneration Facility Pursuant to 18 CFR 292.207(a), Docket No. QF87-116-000 (filed Nov. 28, 1986) (“1987 Beaumont/West QF Self- certification”). The 1987 Beaumont/West QF Self-certification is not available on the Commission’s eLibrary site but is provided herewith in Attachment 2. 13 The Goodyear Tire & Rubber Company, Notice of Self-certification for Qualified Facility, Docket No. QF99-85-000 (filed June 2, 1999) (“1999 Beaumont/East QF Self-certification”). The 1999 Beaumont/East QF Self-certification is provided herewith in Attachment 3.
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when the plant itself is not operating because the steam produced by the boilers must pass
through the header to the plant itself. There are no alternate outlets or releases for the
steam that could be used to allow the 1987 Beaumont/West QF to produce only power for
export to the grid.
The highest possible net power output of the 1987 Beaumont/West QF is 13 MW,
however, because the chemical plant must operate when the cogeneration facility is
operating, if the output of the QF reaches 13 MW, the chemical plant itself would
consume 28 MW of electricity for operations. Accordingly, and as stated in the 1987
Beaumont/West QF Self-certification, Goodyear does not sell electricity from this facility
to the interconnecting utility.
Goodyear’s second QF was completed and self-certified in 1999, when the
cogeneration for the Beaumont/East expansion of the chemical plant came online. The
1999 Beaumont/East QF is a cogeneration facility consisting of four natural gas-fired
turbine generators with a maximum net electric power production capacity of
18.835 MW. Heat recovery steam generators are then used to produce steam, using
supplemental natural gas as needed. A portion of the steam is distributed to the west side
of the Beaumont plant, with the remaining steam distributed to the Beaumont/East
expansion, where steam is used directly in the chemical process as well as routed through
process heat exchangers, after which steam condensate is returned to the cogeneration
facility.
Goodyear entered into the PPA in relation to the construction of, and to sell the
surplus electricity produced by, the 1999 Beaumont/East QF. Approximately half of the
electricity generated by the 1999 Beaumont/East QF is used by the Beaumont chemical
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plant, and the remainder of the electricity from the 1999 Beaumont/East QF is routed
through Goodyear’s transformer, where it is stepped up to 69kV for delivery to ETI on
ETI’s 69 kV bus.
B. ETI Application
On September 29, 2014, ESI filed with the Commission on behalf of the Entergy
Operating Companies, including ETI, an application (“Application”) to terminate the
requirement imposed under Section 292.303(a) of the Commission’s regulations to enter
into new obligations or contracts to purchase electric energy and capacity from qualified
facilities (“QFs”) with a net capacity in excess of 20 megawatts (“MW”).14 In the
Application, ETI relied on the rebuttable presumption in Section 292.309(e) of the
Commission’s regulations15 that over-20 MW QFs have nondiscriminatory access to
MISO markets, and therefore ETI satisfies the criteria in Section 210(m)(1)(A) of
PURPA16 and Section 292.309(a)(1) of the Commission’s regulations17 for termination of
the PURPA mandatory purchase obligation with respect to over-20 MW QFs.
ETI included as Attachment A to the Application a list of QFs that were
“potentially affected” by the Application and explained that ETI had included “some
entities having a net capacity of 20 MW or less in Attachment A to the Application
because the Commission’s regulations do not identify a limit on the net capacity of
14 Entergy Services, Inc. Application Pursuant to Section 292.310(A) for Termination of Mandatory Purchase Obligation from Qualifying Facilities with Net Capacity Greater than Twenty Megawatts, Docket No. QM14-3-000 (filed Sept. 29, 2014) (“Application”). 15 18 C.F.R. § 292.309(e). 16 16 U.S.C. § 824a-3(m)(1)(A). 17 18 C.F.R. § 292.309(a)(1).
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‘potentially affected’ QFs.”18 The original Attachment A to the Application incorrectly
listed “Goodyear Tire” as having a “potentially affected” 34.8 MW QF, certified in
Docket No. QF99-85. On November 10, 2014, the Commission’s Staff issued a
deficiency letter requesting ETI provide the “names and addresses of all potentially
affected QFs, including those whose net capacity is greater than 20 MW, and those whose
net capacity is 20 MW and smaller (including the QFs identified previously in
Attachment A of your application), as well as the information required by 18 C.F.R.
§ 292.310.”19 In response to Commission Staff’s first deficiency letter, ETI submitted a
revised Attachment A to the Application that again incorrectly listed “Goodyear Tire” as
having a 34.8 MW QF.20
As noted by Commission Staff, however, ETI’s response to the first deficiency
letter was incomplete and indicated that ETI had not finalized its list of potentially
affected QFs.21 Commission Staff issued a second deficiency letter, this time requesting
ETI to provide its “final list of all potentially affected QFs, whose net whose net capacity
is greater than 20 MW, and those whose net capacity is 20 MW and smaller, as required
by section 292.310 of the Commission’s regulations. Entergy should include any updates
to this list, as necessary.”22 Commission Staff further requested that: “In providing this
final list of all potentially affected QFs, please explain the specific measures and search
methods Entergy has employed, beyond confirming an internal records review, to ensure
18 See Application at Att. A. As detailed further herein, ETI revised Attachment A to its Application, eventually correctly identifying Goodyear’s potentially affected QF as having 18.835 MW of capacity and self-certified in QF99-85. ETI’s Application and supplements revising Attachment A to the Application are included herewith in Attachment 4. 19 Entergy Services, Inc., et al., Deficiency Letter, Docket No. QM14-3-000 (issued Nov. 10, 2014). 20 Response of Entergy Services, Inc., et al. to Deficiency Letter, Docket No. QM14-3-000 (filed Dec. 5, 2014). 21 Entergy Services, Inc., et al., Deficiency Letter at 2, Docket No. QM14-3-000 (issued Feb. 26, 2015). 22 Id. (emphasis in original).
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it has identified all potentially affected QFs.”23 In response, ETI provided a detailed
explanation of the efforts undertaken to review the potentially affected QFs and reach its
final list of QFs.24 ETI provided an updated Attachment A to the Application, which
after ETI’s own review, correctly identified Goodyear as the owner of a potentially
affected 18.835 MW QF self-certified in Docket No. QF99-85. ETI supplemented its
response to the second deficiency letter on March 30, 2016, “by providing a new copy of
Second Revised Attachment A to the Application, containing all potentially affected QF,”
which again correctly identified the 1999 Beaumont/East QF as having a net capacity of
18.835 MW.25
Throughout both the Application and its supplemental filings, ETI made clear that
it was requesting “relief from the mandatory purchase obligation under PURPA only with
respect to QFs that are larger than 20 MW.”26 On January 21, 2016, the Commission
granted ETI’s Application with respect to all but one over-20 MW QF.27 In granting the
Application, the Commission confirmed that ETI’s “Application seeks only to be relieved
of the mandatory purchase obligation for QFs with a net capacity greater than 20 MW.”
23 Id. (emphasis in original). 24 Response of Entergy Services, Inc., et al. to Deficiency Letter at 2–5, Docket No. QM14-3-000 (filed Mar. 27, 2015). 25 Supplement to Response of Entergy Services, Inc., et al. to Deficiency Letter at 2–5, Docket No. QM14- 3-000 (filed Mar. 27, 2015). 26 Application at 14, n.8; see also Response of Entergy Services, Inc., et al. to Deficiency Letter at n.7, Docket No. QM14-3-000 (filed Dec. 5, 2014) (noting that if a QF’s net capacity is below 20 MW, “it will not be affected by the Application”) (“Response to Deficiency Letter”); Entergy Services, Inc., et al. Motion for Leave to Answer and Answer to Protests at 9, Docket No. QM14-3-000 (filed Nov. 21, 2014) (“QFs with net capacity that is 20 MW or less will not be affected by the Application.”). 27 January 21 Order.
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The January 21 Order did not terminate the mandatory purchase obligation with respect
to QFs certified as 20 MW or smaller.28
C. ETI Notice of Termination
Despite the limitations of the January 21 Order, ETI’s admission that it was
seeking termination of the mandatory purchase obligation only with respect to QFs
actually over 20 MW, and the corrected Attachment A to the Application clearly
identifying Goodyear’s affected QF as a less-than-20 MW QF, ETI is relying improperly
on the January 21 Order to terminate its obligation to purchase QF energy from
Goodyear. In an email communication dated April 22, 2016, ETI contacted Goodyear in
relation to the January 21 Order and stated it planned to “issue notices of termination of
the contracts to affected QFs that will take effect no earlier than September 1, 2016 as an
accommodation to QFs affected by the FERC Order.”29 Goodyear responded on
April 27, 2016, and provided information to ETI demonstrating that the termination of
the must-purchase obligation granted in the January 21 Order is not applicable to
Goodyear and the 1999 Beaumont/East QF from which ETI purchases Goodyear’s QF
energy.30 As explained in that letter, the QF subject to the PPA is the 1999
Beaumont/East QF, which was self-certified in 1999 with a net capacity of 18.835 MW,
and no changes to the maximum net capacity of the QF have occurred since the 1999
Beaumont/East QF Self-certification.
Nevertheless, in a letter dated June 1, 2016, ETI unexpectedly notified Goodyear
of ETI’s intent to terminate the PPA. ETI explained that, “[b]ased on ETI’s
28 Id. at P 74. 29 The April 22 email is included herewith in Attachment 5. 30 Goodyear’s April 27 response is included herewith in Attachment 6.
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understanding of the ‘net capacity’ of [Goodyear’s] facility” (in direct contradiction to
ETI’s own Application), Goodyear’s QF “falls within the scope of the relief granted by”
the Commission in the January 21 Order. The April 22, April 27, and June 1, 2016,
letters are included herewith as Attachments 5–7.
ETI’s “understanding” of the net capacity of the relevant Goodyear QF is in error
and ETI remains subject to the must-purchase obligation with respect to the Goodyear
facility. The Application filed on behalf of ETI clearly acknowledged the relevant,
potentially affected QF is less than 20 MW. Moreover, as explained by Goodyear in its
April 27, 2016, letter and demonstrated in the 1999 Beaumont/East QF Self-certification,
the 1999 Beaumont/East QF has a net capacity of less than 20 MW. Accordingly, ETI’s
notice of termination is inconsistent with the plain language of the January 21 Order,
ETI’s representations in the Application, and ETI’s continuing obligations pursuant to
Section 292.303 of the Commission’s regulations. Goodyear respectfully requests that
the Commission process this Complaint using Rule 206(h) Fast Track procedures, grant
this Complaint and the relief requested herein, and find that ETI’s proposed termination
of the PPA is contrary to the January 21 Order and ETI’s obligation to purchase energy
and capacity from Goodyear pursuant to Section 292.303 of Commission’s regulations.
V. COMPLAINT
A. PURPA Requirement to Purchase QF Energy
Pursuant to the Commission’s regulations implementing PURPA, specifically
Section 292.303,31 a utility must purchase the energy offered by a QF unless exempted by
31 18 C.F.R. § 292.303(a).
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Section 292.309 and Section 292.310 of the Commission’s regulations.32 On October 20,
2006, the Commission issued Order No. 688,33 which established Sections 292.309 and
292.310 to implement PURPA Section 210(m)34 by allowing for the termination of the
must-purchase requirement. Specifically, Section 292.309 provides that an electric
utility, such as ETI, may terminate its obligation to enter into new power purchase
obligations or contracts to purchase electric energy from QFs if the Commission finds
that the QFs have nondiscriminatory access to markets.
In Order No. 688, the Commission also established a rebuttable presumption, set
forth in Section 292.309(d)(1) of the Commission’s regulations,35 that QFs with a net
capacity at or below 20 MW do not have nondiscriminatory access to markets sufficient
to warrant termination of the mandatory purchase obligation. As explained above, ETI,
through the Application submitted by ETI, obtained a Commission order terminating
ETI’s obligation to purchase electric energy and capacity from QFs with a net capacity
greater than 20 MW, but did not request nor receive relief from the obligation to purchase
electric energy and capacity from QFs with a net capacity less than 20 MW.
B. ETI Termination of Purchases from Goodyear is Contrary to ETI’s representations to the Commission and the January 21 Order and is a Violation of its PURPA Obligation
Despite ETI’s own revised listing of potentially affected QFs identifying
Goodyear as having a net capacity of less than 20 MW, as well as ETI’s statements that
32 18 C.F.R. §§ 292.309 and 292.310. 33 New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities, Order No. 688, FERC Stats. & Regs. ¶ 31,233 (2006) (“Order No. 688”), order on reh’g, Order No. 688-A, FERC Stats. & Regs. ¶ 31,250 (2007) (“Order No. 688-A”), aff’d sub nom. Am. Forest & Paper Ass’n v. FERC, 550 F.3d 1179 (D.C. Cir. 2008). 34 16 U.S.C. § 824a-3(m). 35 18 C.F.R. § 292.309(d)(1).
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“QFs with net capacity that is 20 MW or less will not be affected by the Application”36 or
the resulting January 21 Order, ETI has provided notice to Goodyear that it intends to
terminate the PPA and cease purchasing the energy and capacity from the 1999
Beaumont/East QF as of September 1, 2016. Commission Staff twice asked ETI to
confirm the potentially affected QFs, emphasizing on the second request that ETI should
provide a final listing. ETI detailed the steps it took to confirm the information and listed
Goodyear’s potentially affected QF as the 18.835 MW QF self-certified in Docket
No. QF99-85. Disregarding its submissions to the Commission, ETI’s June 1, 2016,
letter takes the position, “[b]ased on ETI’s understanding of the ‘net capacity’ of
[Goodyear’s] facility as defined in the application,” that “such facility falls within the
scope of the relief granted by FERC.”37 However, as acknowledged by ETI and
explained in detail below, the Goodyear QF subject to the PPA and from which ETI
purchases energy and capacity has a maximum net capacity of 18.835 MW. ETI’s
“understanding” reflects an erroneous aggregation of the nameplate capacity of two
separate QFs to arrive at the conclusion that the January 21 Order relieved ETI of the
obligation to purchase energy and capacity from Goodyear.
As a direct result of this flawed interpretation of the net capacity of the Goodyear
QF, ETI is misapplying the Commission’s January 21 Order in order to terminate the
PPA,38 and with it ETI’s obligation to purchase energy from a QF with less than 20 MW
net capacity. ETI’s attempt to terminate the PPA at best reflects an incorrect
36 See supra note 26. 37 Attachment 7 at 1. 38 ETI cites sections 4.1 and 6.1 of the PPA as support for its ability to terminate the PPA, however, as discussed further below, the asserted right to terminate depends entirely on whether the January 21 Order properly applies to Goodyear’s 1999 QF.
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understanding of the applicable QF and improper application of the January 21 Order
based on the misunderstanding of the Goodyear 1999 Beaumont/East QF and the PPA.
At worst, it amounts to a willful violation of the January 21 Order and Section 292.303 of
the Commission’s regulations implementing PURPA.
Goodyear requests the Commission use the Fast Track procedures set forth in
Rule 206(h) of the Commission’s Rules of Practice and Procedure39 and issue an order on
or before August 31, 2016, granting the Complaint and finding that the January 21 Order
did not relieve ETI of its mandatory obligation to purchase energy and capacity from the
Goodyear 1999 Beaumont/East QF.
C. Goodyear’s QF is an Under-20 MW QF to which the Section 292.303(d) Rebuttable Presumption Applies
The net capacity of each of the 1999 Beaumont/East QF and the 1987
Beaumont/West QF is below the 20 MW threshold for the rebuttable presumption in
Section 292.303(d) of the Commission’s regulations, therefore the January 21 Order does
not relieve ETI of the PURPA must-purchase obligation. As the Commission stated in
the January 21 Order, “[t]he Commission determines the QF’s net capacity, and therefore
the QF’s eligibility for the rebuttable presumption that the QF lacks access to markets due
to its size, based on the QF’s certification documents.”40 ETI’s application of the
January 21 Order with respect to Goodyear fails to follow this Commission policy. The
39 18 C.F.R. § 385.206(h). 40 January 21 Order at P 74. See also Order No. 688 at P 72, n.41 (“A QF, when it seeks certification, states what size it is. The size it is required to state is its ‘net capacity’ which is its gross capacity, less station power. In the case of Commission-certified facilities, the Commission certifies the QF at its net capacity; self-certified facilities self-certify at net capacity. The Commission has been consistent over the years in requiring QFs to state their net capacity in the Form 556 which is the basis of both applications for Commission certification, and notices of self-certification. A QF’s Commission certified (or self-certified) net capacity would determine whether the QF qualifies for the ‘small size’ rebuttable presumption in this Final Rule.”)
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1999 Beaumont/East QF Self-certification, included herewith as Attachment 3, clearly
calculates that the maximum net electric power production capacity of the 1999
Beaumont/East QF is 18.835 MW.41 The 1987 Beaumont/West QF Self-certification,
included herewith as Attachment 2, calculates the maximum net electric power
production capacity of that facility as 13 MW.42 Goodyear has made no change to the
maximum net capacity of the 1999 Beaumont/East QF or 1987 Beaumont/West QF since
the applicable self-certifications were filed with the Commission. Rather than relying on
Goodyear’s QF certification documents and ETI’s own corrected Attachment A to its
Application,43 however, ETI appears to have now combined the nameplate capacity of the
1999 Beaumont/East QF and the 1987 Beaumont/West QF as reported to the Energy
Information Agency to form its own “understanding” of the capacity for purposes of
applying the January 21 Order.
In Order No. 688, the Commission addressed the concern of some utilities that QF
owners could attempt to “game” the 20 MW rebuttable presumption.44 The Commission
explained that it would consider all relevant factors in determining whether an entity was
“gaming” the rebuttable presumption. For the reasons set forth herein, the certification of
individual QFs by Goodyear reflects the proper application of the Commission’s
regulations and the nature of the 1987 Beaumont/West QF and 1999 Beaumont/East QF
themselves. Moreover, Goodyear had no incentive to “game” the self-certification
process for the QFs, as both self-certifications occurred years prior to Order No. 688 and
41 Attachment 3 at 4 (response to item 4b, stating “Each turbine/generator set has the capability to produce a maximum of 4.7MW per set, a total of 18.835 MW”). 42 Attachment 2 at 2 (item 4, stating the “ultimate output could reach 13000 KW”). 43 See supra notes 17–24 and accompanying text. 44 Order No. 688 at P 77.
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the rebuttable presumption that QFs under 20 MW should continue to receive the benefits
of PURPA. Neither ETI nor any of its predecessors-in-interest have challenged the self-
certifications of these facilities previously, but ETI now attempts to aggregate the
separate facilities in order to avoid the PURPA must-purchase obligation.
Not only is ETI’s “understanding” of the size of the relevant QF contrary to its
own Appendix A to its Application and the Commission’s plain language in the
January 21 Order, it is inconsistent with the definition of cogeneration qualifying
facilities and a proper understanding of the QFs themselves. For purposes of the
Commission’s regulations implementing PURPA, a cogeneration facility is defined as
“equipment used to produce electric energy and forms of useful thermal energy (such as
heat or steam), used for industrial, commercial, heating, or cooling purposes, through the
sequential use of energy.”45 The 1999 Beaumont/East QF and the 1987 Beaumont/West
QF are separate, stand-alone facilities that use different sequences of energy production
and use.
Moreover, the 1999 Beaumont/East QF and 1987 Beaumont/West QF are two
different types of facilities. The 1999 Beaumont/East QF consists of a gas-fired turbine
in which natural gas is used to produce useful power output. The reject heat from the
power production process is then used to produce steam for Goodyear’s chemical
processes. By contrast, the 1987 Beaumont/West QF uses natural gas to generate steam
for Goodyear’s chemical processes and, as the steam generated for the industrial process
moves to the plant, it passes through a steam turbine, generating electricity. Thus, while
both the 1999 Beaumont/East QF and the 1987 Beaumont/West QF utilize natural gas
45 18 C.F.R. § 202(c) (emphasis added).
17 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
and apply useful thermal energy in the industrial process, they are fundamentally
different facilities producing electric energy and the useful thermal energy in different
sequences.
The PPA also supports the fact that the 1999 Beaumont/East QF is a separate
cogeneration facility from the 1987 Beaumont/West QF. Prior to the construction of the
1999 Beaumont/East QF, Goodyear did not sell energy to the interconnecting utility.
Rather, the separate 1987 Beaumont/West QF has always been used for self-generation
and Goodyear has engaged the services of ETI and its predecessors-in-interest to provide
interconnection facilities and services to Goodyear’s Beaumont plant to ensure a reliable
source of power to the plant. Goodyear entered into the PPA in 1999 in connection with
the construction and operation of the 1999 Beaumont/East QF, which for the first time
allowed Goodyear to make sales of energy. The language of the PPA also clearly
contemplates the 1999 Beaumont/East QF as separate and distinct from the pre-existing
1987 Beaumont/West QF. For example, the PPA refers to the prospective construction,
start-up, and testing of the relevant QF and required Goodyear to notify the utility prior to
“initial energizing at the Point of Delivery.”46 “Commercial Operations” under the PPA
commenced after execution, when Goodyear provided notice that “all start-up and testing
operations are complete and the Facility is able to operate.”47
D. Requested Relief
For the reasons set forth above, Goodyear seeks an order from the Commission
granting this Complaint and finding that ETI’s proposed termination of the PPA is
46 See Attachment 1 at §§ 5.3, 5.5. 47 Id. at § 2.2.
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contrary to the January 21 Order and ETI’s obligation to purchase energy and capacity
from Goodyear pursuant to Section 292.303 of Commission’s regulations. Goodyear
requests that the Commission find that the 1999 Beaumont/East QF and 1987
Beaumont/West QF are properly understood to be separate facilities, each of which
qualifies for the rebuttable presumption that a QF with a net capacity at or below 20 MW
does not have nondiscriminatory access to the market.
Without waiving any arguments Goodyear may have with respect to interpretation
of the PPA itself, Goodyear believes that granting the Complaint and issuing the finding
requested herein will correct ETI’s erroneous application of the January 21 Order to
Goodyear and the PPA and will require the continued sale of energy under the PPA. In
its June 1, 2016, letter notifying Goodyear of its intent to terminate the PPA, ETI cites to
sections 4.1 and 6.1 of the PPA. ETI interprets section 4.1 as stating that:
if, during the term of the contract, statutory or regulatory requirements change in such a way as to reduce, limit, modify, or remove the requirement that ETI accept and pay for electric energy tendered from your facility, then ETI shall have the right, upon ninety (90) days written notice, to reduce, limit, or modify its purchases and takes of Energy delivered under the Agreement, to the extent permitted or required by such change in statutory or regulatory requirements.48
ETI also cites section 6.1 of the PPA, which ETI asserts gives it the right to “terminate
this Agreement by giving written notice of its intent to do so not less than sixty (60) days
prior to the expiration of the original term or of any renewal thereof.”49 Importantly, as
shown in confidential Attachment 1, section 6.1 continues with:
48 See Attachment 7 at 1. 49 Id.
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[BEGIN PROTECTED MATERIAL]
50
Accordingly, a Commission order granting this complaint would resolve ETI’s
improper attempt to terminate the PPA by clarifying that the January 21 Order does not
apply to Goodyear’s QF energy and ETI’s must-purchase obligation was not terminated
with respect to Goodyear.
VI. REQUEST FOR FAST TRACK PROCESSING
ETI’s June 1, 2016, letter purports to provide Goodyear final notice that the PPA
will terminate effective September 1, 2016. If the Commission determines the July 21
Order applies and ETI’s mandatory-purchase obligation is no longer applicable,
Goodyear would be required to register with MISO in order to be compensated by MISO
or a third party for the sale of energy from the QF.51 As further set forth in the affidavit
of Hank Hamilton, included herewith in Attachment 8, in order to protect its interests,
Goodyear has been in communication with MISO regarding the registration process.
Based on its communications with MISO, Goodyear has already determined that the date
by which Goodyear would need to register with MISO in order to sell into MISO on
50 Attachment 1 at § 6.1. 51 “MISO requires organizations to register as Market Participants before participating in Open Access Transmission, Energy and Operating Reserve Markets.” MISO, Becoming a Market Participant, https://www.misoenergy.org/StakeholderCenter/MarketParticipants/Pages/BecomingaMarketParticipant.a spx (last visited August 9, 2016).
20 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
September 1, 2016, has passed.52 Thus, if the PPA is allowed to terminate effective
September 1, 2016, Goodyear will be unable to makes sales of energy from its QFs and
Goodyear will suffer significant loss of revenue until such time as it is able to register
with MISO and continue its sale of energy.
The standard complaint processes would significantly delay resolution of the issue
and cause Goodyear to continue to suffer such losses or undertake unnecessary efforts to
alter its business arrangements, undermining the intent of both PURPA and the
Commission’s regulations to encourage the development of QFs. In addition, Goodyear
submits the Complaint can be resolved by the Commission on the pleadings and that a
hearing before an Administrative Law Judge is not necessary in light of the issues
presented in this Complaint. Accordingly, Goodyear respectfully requests Fast Track
processing of this Complaint and issuance of a Commission order on the pleadings in
order to resolve the issues set forth herein on or before August 31, 2016.
VII. REQUEST FOR STAY
In the event the Commission does not issue an order on the Complaint on or
before August 31, 2016, Goodyear requests the Commission issue an interim order
granting the relief requested herein and staying of the erroneous application of the
January 21 Order to terminate the PPA sales of QF energy by Goodyear described herein
until such time as either (1) the Complaint is granted or (2) the Complaint is denied and
Goodyear has had a reasonable opportunity to register with MISO and enter into alternate
arrangements for the sale of Goodyear’s QF energy into MISO.
52 Affidavit of Hank Hamilton at 1, Attachment 8; see also infra note 58.
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The Commission reviews requests for stay under the standard established by the
Administrative Procedure Act,53 and grants a stay when “justice so requires.”54 In
assessing a motion to stay, the Commission considers several factors, including:
(1) whether the moving party will suffer irreparable injury absent a stay; (2) whether
issuing the stay may substantially harm other parties; and (3) whether a stay is in the
public interest.55 Whether the moving party will suffer irreparable injury absent a stay is
a key threshold factor.56 While purely economic consequences often do not warrant a
stay,57 Goodyear requests the Commission grant a stay in order to prevent Goodyear from
a number of adverse consequences from application of the January 21 Order to sales from
Goodyear’s QF, as set forth below.
Failure to grant the requested stay would result not only in economic loss as a
result of lost energy sales, but also administrative hardship as a result of unnecessary
efforts to register with MISO and find other access to the MISO market. Due to the
timing of the unwarranted and therefore unexpected attempt by ETI to avoid ETI’s must-
purchase obligation, absent a Commission order granting the Complaint or a stay,
Goodyear is already assured that it will not be able to make sales of energy (either to ETI
or otherwise into the MISO market) as of September 1, 2016. As stated in the attached
affidavit of Hank Hamilton, Goodyear received notice from ETI on June 6, 2016, of
ETI’s “understanding” that the January 21 Order supported termination of the PPA.
53 5 U.S.C. § 705 (2012). 54 See, e.g., Enable Gas Transmission, LLC, 153 FERC ¶ 61,055 at P 118 (2015); Transcontinental Gas Pipe Line Co., 150 FERC ¶ 61,183 at P 9 (2015) (“Transco”). 55 Transco, 150 FERC at P 9; see also, e.g., CMS Midland, Inc., 56 FERC ¶ 61,177, at p. 61,631 (1991) (“CMS Midland”), aff’d sub nom., Mich. Mun. Coop. Grp. v. FERC, 990 F.2d 1377 (D.C. Cir. 1993), cert denied, 510 U.S. 990. 56 Id. 57 Transco, 150 FERC at P 14; CMS Midland, 56 FERC at 61,631.
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ETI’s erroneous “understanding” was directly contrary to the “potentially affected” QF
list ETI previously filed with the Commission, and Goodyear informed ETI in an
April 27, 2016, letter that ETI’s “understanding” was incorrect.58 Nevertheless, to protect
its interests, Goodyear promptly contacted MISO representatives to discuss registration
with MISO following receipt of the proposed termination notice on June 6, 2016, but
there was insufficient time to complete the requisite registration documents by the
June 15, 2016, deadline for registration necessary to become a potential market
participant within MISO on September 1, 2016.59 The next available date on which
Goodyear could become a MISO market participant and begin making sales to MISO is
December 1, 2016.60 Goodyear estimates the loss of sales of energy from the 1999
Beaumont/East QF and/or energy purchase costs will be at least $125,000 over the
affected time period, while increased administrative burdens required to manage sales
and additional regulatory compliance would cost at least $60,000 per year indefinitely.
Moreover, as the Commission has recognized, smaller QFs like Goodyear’s are
more likely than larger QFs to face significant obstacles to achieving access to the
58 See supra note 30 and accompanying text. 59 MISO has published a 69-page user guide for market participant registration that instructs applicants that the application process “can take up to 120 days.” See Midcontinent Independent System Operator, Inc., Online Market Participant Registration User Guide at p. 64 (effective Sept. 30, 2015), available at https://www.misoenergy.org/Library/Repository/Procedure/Market%20Participant%20Registration/Online %20Market%20Participant%20Registration%20User%20Guide.pdf (last visited August 9, 2016) (“3. How long does the application process take? The application process, including all pre-work activities such as obtaining your Dun & Bradstreet Number, Entity Code, etc, can take up to 120 days.”). 60 As explained by MISO on its website: “For asset owning entities, applications must be received by stated Topology deadlines. Non-asset-owning entities may apply in accordance with stated Topology or Non-Topology deadlines.” See MISO, Becoming a Market Participant, https://www.misoenergy.org/StakeholderCenter/MarketParticipants/Pages/BecomingaMarketParticipant.a spx (last visited August 9, 2016). The MISO’s Network and Commercial Model Update Schedule provides the cutoff dates and associated production dates applicable to Goodyear. See 2016-2017 Network and Commercial Model Update Schedule, available at https://www.misoenergy.org/Library/Repository/Communication%20Material/Technical%20Infrastructure /2016-2017%20Network%20Commercial%20Model%20Schedule.pdf (last visited August 9, 2016).
23 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
market, including in some instances additional administrative procedures.61 Goodyear is
not yet in a position to determine whether it will be able to make sales into the MISO
market on December 1, 2016, to offset the sales lost as a result of ETI’s improper
application of the January 21 Order to terminate the PPA. Accordingly, the economic
effect on Goodyear summarized above may continue indefinitely, depending on the
ability of Goodyear to market its under-20 MW QF.
The harm to Goodyear is not limited to the significant loss of revenue and
additional expense summarized above. In addition, if ETI is allowed to improperly
terminate the PPA, Goodyear—a company specializing in the production of synthetic
rubber and tires—would be subject to additional regulation and would have to assume a
new role as an active MISO participant, handling the responsibilities ETI previously
handled, and was paid to handle, on behalf of Goodyear. Goodyear’s operations would
henceforth become a dual operation requiring the continual balancing of plant production
of industrial goods with the output and sale of electricity, fundamentally affecting both
operating strategy and production capability. The additional cost and effort required to
maintain this dual role would be compounded by the additional burden associated with
further regulatory compliance and oversight, which could require Goodyear, an owner
and operator of a synthetic rubber plant and manufacturer of tires, to alter its operations
specifically to ensure compliance with applicable MISO and Commission rules,
regulations, and reporting obligations. These additional burdens and change in
operations would adversely affect Goodyear’s competitive position in the market for
synthetic rubber, increasing the cost of vital inputs necessary to participate in that market.
61 See Order No. 688-A at P 96.
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ETI, on the other hand, would not be harmed by a Commission order granting the
requested stay, or for that matter a determination that the January 21 Order does not apply
to the PPA. ETI would instead be held to its existing commitments under the PPA for so
long as the stay is in effect. ETI would be purchasing QF energy at its expected avoided
costs as it has since 1999, therefore the burden on ETI of adhering to its must-purchase
obligations would not be significant.
For the reasons set forth above, Goodyear respectfully requests the Commission
grant a stay of the application of the January 21 Order to the sales of QF energy by
Goodyear described herein until such time as either (1) the Complaint is granted or
(2) the Complaint is denied and Goodyear has had a reasonable opportunity to register
with MISO and enter into alternate arrangements for the sale of Goodyear’s QF energy
into MISO.
VIII. RULE 206 COMPLAINT REQUIREMENTS
A. Action or Inaction Alleged to Violate Statutory Standards or Regulatory Requirements (Rule 206(b)(1))
As explained above, ETI misapplies a Commission order (the January 21 Order),
and attempts to avoid the must-purchase obligation set forth in Section 292.303(a) of the
Commission’s regulations (implementing PURPA) and applicable Commission
regulations and policy.
B. Explanation for How the Action or Inaction Violates Applicable Statutory Standards or Regulatory Requirements (Rule 206(b)(2))
ETI’s attempt to extend the relief granted in the January 21 Order to Goodyear’s
QFs with net capacity of 20 MW or less is contrary to the plain language of the
25 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
January 21 Order. ETI’s action subject to this Complaint is further contrary to PURPA,
and the Commission’s implementing regulations set forth in 18 C.F.R. § 292.303(a),
because it misapplies the Commission’s January 21 Order in order to avoid the statutory
and regulatory requirement to purchase energy produced by Goodyear’s QF. Similarly,
ETI’s misapplication of the January 21 Order also presents issues regarding the rebuttable
presumption set forth in Section 292.309(d) of the Commission’s regulations.
C. Business, Commercial, Economic or Other Issues Presented by the Action or Inaction as Related to Complainant (Rule 206(b)(3))
The action by ETI described herein adversely affects Goodyear’s sales of energy
under the PPA and pursuant to PURPA and the Commission’s regulations, and imposes
additional administrative burdens on Goodyear. Unwarranted termination of the PPA
also requires Goodyear to undertake the otherwise unnecessary cost and administrative
burden of registering with MISO, subjecting itself to additional regulatory oversight by
the Commission, and altering its operating strategy to account for the need to manage
electricity exports and balance plant production with grid-related responsibilities. These
requirements fundamentally alter the nature of Goodyear’s business, which otherwise
would focus on the production of tires and synthetic rubber, and harms Goodyear’s
competitive position.
D. Good Faith Effort to Quantify the Financial Impact or Burden (if Any) Created for the Complainant as a Result of the Action or Inaction (Rule 206(b)(4))
Goodyear estimates that the financial impact or burden on Goodyear as a result of
ETI’s improper avoidance of the obligation to purchase energy from Goodyear would be
26 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
$125,000 for the period September 1 through December 1, 2016, and no less than an
additional $60,000 per year thereafter as a result of additional administrative burdens.
E. Practical, Operational, or Other Nonfinancial Impacts Imposed as a Result of the Action or Inaction (Rule 206(b)(5))
ETI’s failure to purchase energy from Goodyear would undermine the must-
purchase obligations established under PURPA and the Commission’s implementing
regulations. Failure to enforce the must-purchase requirement would undermine the
directive in Section 210(a) of PURPA62 for the Commission to prescribe rules necessary to
encourage cogeneration and small power production.
F. Related Proceedings (Rule 206(b)(6))
The specific matters raised in this Complaint are not pending before the
Commission or a proceeding in any other forum in which the Complainant is a party.
G. Specific Relief or Remedy Requested (Rule 206(b)(7))
As detailed more fully above, Complainant requests the Commission process this
Complaint utilizing Fast Track procedures and issue an order (1) granting the Complaint
and (2) finding that ETI’s proposed termination of the PPA is contrary to the January 21
Order and ETI’s obligation to purchase energy and capacity from Goodyear pursuant to
Section 292.303 of Commission’s regulations implementing PURPA.
62 16 U.S.C. § 824a-3(a).
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H. Documents that Support the Complaint (Rule 206(b)(8))
Complainant submits the following Attachments in support of the facts set forth in
this Complaint:
Attachment 1: Privileged and Confidential – PPA
Attachment 2: 1987 Beaumont/West QF Self-certification
Attachment 3: 1999 Beaumont/East QF Self-certification
Attachment 4: ETI Application and Supplements revising Attachment A thereto
Attachment 5: ETI April 22 Email
Attachment 6: Goodyear April 27 Response
Attachment 7: June 1, 2016, notice of termination
Attachment 8: Affidavit of Hank Hamilton
Attachment 9: Protective Order
I. Dispute Resolution (Rule 206(b)(9))
Prior to filing this Complaint, Goodyear sent ETI a letter providing information
demonstrating that the termination of the must-purchase obligation granted in the
January 21 Order is not applicable to Goodyear and QF energy sold to ETI under the
PPA. In a letter dated June 1, 2016, ETI confirmed to Goodyear ETI’s intent to terminate
the PPA, citing as a basis for such termination the relief granted in the January 21 Order.
Complainant and Respondent have since engaged in good-faith discussions regarding the
parties’ respective positions. Based on these discussions and in light of the approaching
termination date provided by ETI, Goodyear does not believe that the Commission’s
alternative dispute resolution procedures would help satisfactorily dispose of this matter.
28 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
J. Form of Notice (Rule 206(b)(10))
A Form of Notice suitable for publication in the Federal Register is attached.
K. Fast Track Processing (Rule 206(b)(11))
For the reasons set forth in Section VI above, Complainant requests Fast Track
processing of this Complaint.
L. Service (Rule 206(c))
In accordance with Rule 206(c), concurrent with the filing of this Complaint,
Goodyear is serving a copy of this Complaint on ETI through Entergy Corporation and the
individuals listed on the Commission’s list of Corporate Officials, as well as through
individuals who send and receive notices under the PPA.
IX. Request for Shortened Answer Period
Pursuant to Rule 206(f) of the Commission’s Rules of Practice and Procedure,63
as a result of requesting privileged treatment for the PPA filed with this complaint,
answers, interventions, and comments would be due within 30 days after the complaint is
filed. Goodyear respectfully requests the Commission shorten the period for answers,
interventions, and comments to 15 days after the filing of this complaint, or August 24,
2016.
Good cause exists to grant the requested waiver because all privileged materials
filed herewith are already in the possession of the respondent, ETI, and Goodyear is
serving ETI with a non-redacted copy of this complaint and all attachments, public and
privileged. In addition, in the discussions between ETI and Goodyear, Goodyear notified
63 18 C.F.R. § 385.206(f).
29 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ETI that it would file this Complaint in the event the parties were unable to resolve the
dispute regarding termination of the PPA. Not only has ETI had notice of the Complaint
prior to the date of filing, but ETI also has been made aware of the issues presented
herein, both through the April 27, 2016, letter from Goodyear and through ongoing
discussions since receipt of ETI’s notice of termination on June 6, 2016. Accordingly,
the shortened response period will not prejudice ETI. In contrast, a full response period
of 30 days would prejudice Goodyear by hampering the Commission’s ability to grant the
relief or stay requested herein. Goodyear made a good faith effort to resolve its dispute
with ETI and, given the timing of the notice of termination and ETI’s proposed
termination date, those good faith efforts have left Goodyear with a limited period of time
in which to obtain the relief or stay requested herein. Good cause exists to grant the
request for a shortened response period in order to facilitate an expedited resolution of
this Complaint.
X. CONCLUSION
For the foregoing reasons, Goodyear respectfully requests that the Commission
process this Complaint utilizing Fast Track procedures, shorten the period for answers,
interventions, and comments to the complaint to 15 days after the filings of this
complaint, or August 24, 2016, and issue an order on or before August 31, 2016,
(1) granting the Complaint and (2) finding that ETI’s proposed termination of the PPA is
contrary to the January 21 Order and ETI’s obligation to purchase energy and capacity
from Goodyear pursuant to Section 292.303 of Commission’s regulations implementing
PURPA.
[Signature page follows]
30 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Respectfully Submitted,
/s/ John S. Decker John S. Decker Damien R. Lyster Vinson & Elkins L.L.P. 2200 Pennsylvania Avenue NW Suite 500 West Washington, DC 20037-1701
Counsel to Goodyear Tire & Rubber Company
August 9, 2016
31 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 1
AGREEMENT FOR PURCHASE OF ENERGY FROM QUALIFYING FACILITIES
PUBLIC VERSION *************************************************************** PRIVILEGED, PROTECTED, CONFIDENTIAL INFORMATION HAS BEEN REMOVED ************************************************* 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 2
1987 BEAUMONT/WEST QF SELF-CERTIFICATION 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 2 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 2 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 2 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 3
1999 BEAUMONT/EAST QF SELF-CERTIFICATION 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 3 ATTACHMENT B8 ORIGINAL The Goodyear TirottrituhharCompw
liestuusost Chantical Plant P. 0. BOX 26003 BEAUMONT, TX 77720-6003 • June 1, 1999
Office of the Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426
RE: NOTICE OF SELF — CERTIFICATION FOR QUALIFIED FACILITY for The Goodyear Tire & Rubber Company Beaumont/East Chemical Plant Beaumont, Texas Gas Turbine/I-MSG Cogeneration Facility QF — none assigned F- q S7-5--006
To the Office of the Secretary Federal Energy Regulatory Commission United States of America
Please see the enclosed original and six copies of the documentation required for self-certification as a Qualified cogenerator for the Beaumont/East Chemical Plant's cogeneration facility. Please notify me as soon as possible as to the QF number assigned to this appication. Please feel free to contact me at (409)794-5435 or Mr. Hank Hamilton at (409)794- 5257 to answer any questions concerning this application. My address and e-mail are as follows: The Goodyear Tire & Rubber Company Beaumont Chemical Plant PO Box 26003 OR II-I-10 Southwest at Smith Road Beaumont, TX 77720-6003 Beaumont, TX 77705 EMAIL: karen burkeggoodyear.com
Sincerely,
4-AA4 41-1v4 Karen Karas Burke Plant Manager ntsc Doan) guts _ 21999, %q06 0,4 00gs 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 3
FERC FORM 556
OMB No. 1902-0075
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
(To be completed for the purpose of demonstrating up-to-date conformance with the qualification criteria of Section 292.203(a)(1) or Section 292.203(b) based on actual or planned operating experience)
PART A: GENERAL INFORMATION TO BE SUBMI I I ED BY ALL APPLICANTS
la. Full name: The Goodyear Tire & Rubber Company Beaumont/East Chemical Plant
Docket Number : Not available
QF - -
Purpose of instant filing: Self-certification
lb. Full address of applicant: Iff-10 Southwest at Smith Road Beaumont, TX 77706 Mailing address: PO Box 26003 Beaumont, TX 77720-6003
1c. Indicate the owner(s) of the facility: The Goodyear Tire & Rubber Company
1 d. Signature of authorized individual evidencing accuracy and authenticity of information provided by applicant: Karen K. Burke 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 3
2. Person to whom communications regarding the filed information may be addressed:
Name: Karen Burke Title: Plant Manager Telephone number: 409-794-5435 Mailing address: The Goodyear Tire & Rubber Company PO Box 26003 Beaumont, TX 77720-6003 Or Interstate 10 @ Smith Road Beaumont, TX 77706
3a. Location of facility to be certified: Beaumont State: Texas County: Jefferson City or town: Beaumont, Texas Street address (if known): Interstate 10 @ Smith Road Beaumont, TX 77706
3b. Indicate the electric utilities that are contemplated to transact with the qualifying facility (if known) and describe the services those electric utilities are expected to provide: Entergy Gulf States, Inc, Beaumont, Texas Entergy is expected to provide an outlet for excess power generation. No back up services required. utilities interconnecting with the facility and/or providing wheeling service [Section 292.303(c) and (d)]: Entergy Gulf States, Inc, Beaumont, Texas utilities purchasing the useful electric power output [Sections 292.101(b)(2), 292.202(g) and 292.303(a)]: Entergy Gulf States, Inc, Beaumont, Texas utilities providing supplementary power, backup power, maintenance power, and/or interruptible power service [Sections 292.101(b) (3) and (8), 292.303(b) and 292.305(b)]: None required.
4a. Describe the principal components of the facility including boilers, 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 3
prime movers and electric generators, and explain their operation. Include transmission lines, transformers and switchyard equipment, if included as part of the facility. The facility will be comprised of 4 Solar Taurus 60 Gas Turbine Generator Sets with ERI Heat Recovery Steam Generators. Each Turbine/HRSG unit has the design capacity to produce 4.7 MW of power and up to 100,000 pounds/hour of 125 psig steam. The system uses natural gas as the feed stream into the gas turbine. The natural gas is then fed into a heat recovery steam generator that takes the waste heat, supplententally adds natural gas when needed, and produces steam.
Approximately one-half of the 18-19MW of electricity generated by the four (Ideal brand) generators will be used to power the Beaumont East plant expansion. The remaining 8-9MW of excess generation will be fed via dual 750MCM cables back into the Beaumont West 13.2kV cogeneration bus where it will be combined with the 12-13MW of existing plant generation. The total combined excess generation will route via a new line to existing plant main sub or it can be routed through the existing step-up transformer (13.2kV to 69kV) into the Entergy substation where it will subsequently be stepped down to the 2400V level to feed the Beaumont West plant load or be sold to Entergy or a wholesale marketer.
4b. Indicate the maximum gross and maximum net electric power production capacity of the facility at the point(s) of delivery and show the derivation. Each turbine/generator set has the capability to produce a maximum of 4.7MW per set, a total of 18.835 MW.
4c. Indicate the actual or expected installation and operation dates of the facility, or the actual or expected date of completion of the reported modification to the facility: 2 Solar Taurus 60 Gas Turbine Generator. Sets with ERI HRSGs to be completed July 1999. 2 Solar Taurus 60 Gas Turbine Generator Sets with ERI HRSGs to be completed September 1999.
4d. Describe the primary energy input (e.g., hydro, coal, oil [Section 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 3
292.202(1)], natural gas [Section 292.202(k)], solar, geothermal, wind, waste, biomass [Section 292.202(a)], or other). For a waste energy input that does not fall within one of the categories on the Commission's list of previously approved wastes, demonstrate that such energy input has little or no current commercial value and that it exists in the absence of the qualifying facility industry [Section 292.202(b)]. Natural Gas.
5. Provide the average annual hourly energy input in terms of Btu for the following fossil fuel energy inputs, and provide the related percentage of the total average annual hourly energy input to the facility [Section 292.202(j)]. For any oil or natural gas fuel, use lower heating value [Section 292.202(m)]: See Question 10.
6. Discuss any particular characteristic of the facility which the cogenerator or small power producer believes might bear on its qualifying status.
PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION FACILITY Not Applicable.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
9. Describe the cogeneration system [Sections 292.202(c) and 292.203(b)], and state whether the facility is a topping-cycle [Section 292.202(d)] or bottoming-cycle [Section 292.202(e)] cogeneration facility. The facility will be comprised of 4 Solar Taurus 60 Gas Turbine Generator Sets with ERI Heat Recovery Steam Generators. Each Turbine/HRSG unit has the design capacity to produce 4.7 MW of power and up to 100,000 pounds/hour of 125 psig steam. The system uses natural gas as the feed stream into the gas turbine. The natural gas is then fed into a heat recovery steam generator that takes the waste heat, supplementally adds natural gas when needed, and produces steam.
10.To demonstrate the sequentiality of the cogeneration process [Section 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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292.202(s)] and to support compliance with other requirements such as the operating and efficiency standards (item 11 below), provide a mass and heat balance (cycle) diagram depicting average annual hourly operating conditions. Also, provide:
Using lower heating value [Section 292.202(m)], all fuel flow inputs in Btu/hr., separately indicating fossil fuel inputs for any supplementary firing in Btu/hr. [Section 292.202(ft Gas Turbines: 228.9 MMbtu/hr HRSG supplemental firing: 320.8 MMBtu/hr Average net electric output (kW or MW) [Section 292.202(g)]; 18,835 kW/hr Average net mechanical output in horsepower [Section 292.202(g)]; N/a Number of hours of operation used to determine the average annual hourly facility inputs and outputs; and 8585 hours/year. Working fluid (e.g., steam) flow conditions at input and output of prime mover(s) and at delivery to and return from each useful thermal application: Steam Condensate Flow rates (lbs./hr.): 400,000 80,000 Temperature (deg.F): 410 228 Pressure (psis): 110 20 Enthalpy (Btu/lb.): 1231.2 198
11. Compute the operating value [applicable to a topping-cycle facility under Section 292.205(a)(1)] and the efficiency value [Sections 292.205(a)(2) and Section 292.205(b)], based on the information provided in and corresponding to item 10, as follows:
Pt = Average annual hourly useful thermal energy output 476.64 MMBtu/hr Pe = Average annual hourly electrical output 64.3 MM13tu/hr Pm = Average annual hourly mechanical output No mechanical output from system Pi = Average annual hourly energy input (natural gas or oil) 228.9 MMBtu/hr
Ps = Average annual hourly energy input for supplementary firing 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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320.8 MMBtu/hr (natural gas or oil) Operating standard = 5% or more Operating value = Pt / ( Pt + Pe + Pm ) = 476.64 / (476.64+ 64.32 + 0) = 88.1 % Efficiency standard applicable to natural gas and oil fuel used in a topping-cycle facility: = 45% or more when operating value is less than 15%, or 42.5% or more when operating value is equal to or greater than 15%. Efficiency value = ( Pe + Pm + 0.5Pt ) / (Pi + Ps) = (64.32 + 0 + 0.5(476,64)) / (228.9 + 320.8) = 55.1 % Efficiency standard applicable to natural gas and oil fuel used for supplementary fixing component of a bottoming-cycle facility: 45% or more Efficiency value = ( Pe + Pm ) / Ps Not applicable.
FOR TOPPING-CYCLE COGENERATION FACILITIES
12. Identify the entity (i.e., thermal host) which will purchase the useful thermal energy output from the facility [Section 292.202(h)]. Indicate whether the entity uses such output for the purpose of space and water heating,, space cooling, and/or process use.
The Goodyear Tire & Rubber Company will be using the thermal output of the gas turbine/HRSG facility for use in the process of producing solution polymers.
13. In connection with the requirement that the thermal energy output be useful [Section 292.202(h)]:
For process uses by commercial or industrial host(s), describe each process (or group of similar processes using the same quality of steam) and provide the average annual hourly thermal energy made available to the process, less process return. For a complex system, 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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where the primary steam header at the host-side is divided into various sub-uses, each having different pressure and temperature characteristics, describe the processes associated with each sub-use and provide the average annual hourly thermal energy delivered to each sub-use, less process return from such sub-use. Provide a diagram showing the main steam header and the sub-uses with other relevant information such as the average header pressure (psia), the temperature (deg.F), the enthalpy (Btu/lb.), and the flow (lb./hr.), both in and out of each sub-use.
There is a 24 inch steam header which distributes the steam produced in the gas turbine/HRSG facility into the Beaumont plant. The steam header splits and provides up to 250,000 pounds/hour of steam into the west side of the Beaumont site and 150,000 pounds hour to Beaumont/East. In Beaumont/East, the steam is routed through a number of process heat exchangers and condensate is returned to the gas turbine/HRSG facility. Another part of the steam is routed into the process to directly strip excess materials from the in process solution polymer. The steam that is routed to the West part of the Beaumont site ties into the main plant steam header with a 12 inch line, and provides steam for use in heat exchangers in the production of isoprene monomer and other solution polymers. It is also used to directly strip excess materials from the in process solution polymers.
FOR BOTTOMING-CYCLE FACILITIES
14. Provide a description of the commercial or industrial process or other thermal application to which the energy input to the system is first applied and from which the reject heat is then used for electric power production. Not applicable. Title 16 U.S. Code 796 (Sections 3(17) and 3(18) of the Federal Power Act, as Amended by the Public Utility Regulatory Policies Act of 1978) 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 4
ETI APPLICATION AND SUPPLEMENTS REVISING ATTACHMENT A THERETO 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
) Entergy Services, Inc., on behalf of ) Entergy Arkansas, Inc. ) Docket No. QM14-___-000 Entergy Gulf States Louisiana, L.L.C. ) Entergy Louisiana, LLC ) Entergy Mississippi, Inc. ) Entergy New Orleans, Inc. ) Entergy Texas, Inc. ) )
APPLICATION PURSUANT TO SECTION 292.310(A) FOR TERMINATION OF MANDATORY PURCHASE OBLIGATION FROM QUALIFYING FACILITIES WITH NET CAPACITY GREATER THAN TWENTY MEGAWATTS
Pursuant to Section 292.310(a), 18 C.F.R. § 292.310(a) (2014), of the Federal
Energy Regulatory Commission’s (“FERC” or “Commission”) regulations,
implementing Section 210(m) of the Public Utilities Regulatory Policies Act of 1978
(“PURPA”), Entergy Services, Inc. (“ESI”), on behalf of the Entergy Operating
Companies,1 respectfully submits this application (“Application”) for relief,
throughout the areas served by the Entergy Operating Companies, from the
requirement to purchase energy and capacity from qualifying facilities (“QFs”) with
net capacity2 greater than 20 MW (“Over 20 MW QFs”).
1 The Entergy Operating Companies are Entergy Arkansas, Inc. (“Entergy Arkansas”), Entergy Gulf States Louisiana, L.L.C. (“Entergy Gulf States Louisiana”), Entergy Louisiana, LLC (“Entergy Louisiana”), Entergy Mississippi, Inc. (“Entergy Mississippi”), Entergy Texas, Inc. (“Entergy Texas”), and Entergy New Orleans, Inc. (“Entergy New Orleans”). ESI is a service company affiliate of the Entergy Operating Companies and acts as their agent with respect to the execution and administration of certain contracts and in proceedings at the Commission. 2 A generating facility’s “Net Capacity” is the facility’s gross generating capacity net of station power requirements. New PURPA Section 210(m) Regulations Applicable to Small 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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The Entergy Operating Companies are transmission-owning members of the
Midcontinent Independent System Operator, Inc. (“MISO”). Section 292.309(e) of
the Commission’s regulations establishes a rebuttable presumption that MISO
provides Over 20 MW QFs with non-discriminatory access to the markets described
in Section 210(m)(1)(A) of PURPA. Accordingly, the Entergy Operating Companies
request to be relieved of their PURPA purchase obligation, as to all of the areas they
serve, with respect to Over 20 MW QFs, effective the date of this filing, September
29, 2014.3
I. DESCRIPTION OF APPLICANTS
Each of the Entergy Operating Companies is a subsidiary of Entergy
Corporation. The Entergy Operating Companies are vertically integrated electric
utilities that provide wholesale and retail electric power service in Arkansas,
Louisiana, Mississippi and Texas. The Entergy Operating Companies combined own
Power Production and Cogeneration Facilities, Order No. 688, 117 FERC ¶ 61,078 at 46, n. 41 (2006), order on reh’g, Order No. 688-A, 119 FERC ¶ 61,305 (2007) (“Order No. 688- A”) (“[a] QF, when it seeks certification, states what size it is. The size it is required to state is its ‘net capacity’ which is its gross capacity, less station power. In the case of Commission- certified facilities, the Commission certifies the QF at its net capacity; self-certified facilities self-certify at net capacity. The Commission has been consistent over the years in requiring QFs to state their net capacity in the Form 556 which is the basis of both applications for Commission certification, and notices of self-certification.”) Here, the Entergy Operating Companies request relief as to all QFs in the areas they serve with a net capacity greater than 20 MW. A list of the Over 20 MW QFs is attached to this Application. The attached list reflects the nameplate capacity – not net capacity – but is believed to reasonably reflect the QFs in the areas served by the Entergy Operating Companies to which the requested relief would apply. 3 The Entergy Operating Companies have contracts with certain Over 20 MW QFs that obligate them to purchase capacity and energy. While the Entergy Operating Companies request termination of the mandatory QF purchase obligation effective as of September 29, 2014, they will abide by such contracts pending satisfaction of applicable contract termination requirements.
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approximately 15,800 miles of FERC-jurisdictional transmission lines and provide
transmission service to an area of almost 114,000 square miles.
On December 19, 2013, the Entergy Operating Companies were integrated
into the MISO regional transmission organization markets. MISO administers day-
ahead and real-time energy markets and ancillary services markets pursuant to the
terms and conditions of its Open Access Transmission, Energy and Operating
Reserve Markets Tariff (“MISO Tariff”) and Business Practice Manuals under the
oversight of an Independent Market Monitor responsible for evaluating the
performance of the markets and identifying conduct by market participants or MISO
that may compromise the efficiency or distort the outcomes of the markets.
II. CORRESPONDENCE AND COMMUNICATIONS
Correspondence and communications regarding this proceeding should be
addressed to the following persons, and it is requested that the names and addresses
listed below be placed on the Commission’s official service list established for this
proceeding:
Gregory W. Camet Andrea J. Weinstein Megan E. Vetula Entergy Services, Inc. 101 Constitution Ave., NW Suite 200 East Washington, DC 20001 Phone: (202) 530-7300 Fax: (202) 530-7350 [email protected] [email protected] [email protected]
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To the extent that waiver of the Commission’s requirements in 18 C.F.R. §
385.203(b) is required to place these individuals on the service list for this
proceeding, ESI hereby moves for such waiver.
III. BACKGROUND
Unless an electric utility has been relieved from its QF purchase obligation,
each electric utility is required to purchase capacity and energy from a QF at the
utility’s avoided costs.4 In the Energy Policy Act of 2005, Congress amended
PURPA by adding Section 210(m), as implemented by 18 C.F.R 292.309(a), which
provides for the termination of the requirement that an electric utility enter into a new
obligation or contract to purchase electric energy from QFs if FERC finds that QFs
have non-discriminatory access to markets that would allow QFs to sell to non-
interconnected, third party buyers.
Specifically, pursuant to Section 292.309(a) of the Commission’s regulations,
electric utilities may be relieved of PURPA’s mandatory purchase obligation upon a
showing that QFs have nondiscriminatory access to:
(1)(i) Independently administered, auction-based day ahead and real time wholesale markets for the sale of electric energy; and (ii) Wholesale markets for long-term sales of capacity and electric energy; or
(2)(i) Transmission and interconnection services that are provided by a Commission-approved regional transmission entity and administered pursuant to an open access transmission tariff that affords nondiscriminatory treatment to all customers; and (ii) Competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the qualifying facility is interconnected. In determining whether a meaningful opportunity to sell
4 18 C.F.R. § 292.303(a) (establishing mandatory QF purchase obligation); 18 C.F.R. § 292.304(a) (establishing avoided cost purchase rate requirement).
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exists, the Commission shall consider, among other factors, evidence of transactions within the relevant market; or
(3) Wholesale markets for the sale of capacity and electric energy that are, at a minimum, of comparable competitive quality as markets described in paragraphs (a)(l) and (a)(2) of this section.
Section 292.309(e) of the Commission’s regulations provides that MISO
qualifies as a market described in Section 292.303(a)(1). There is a “rebuttable
presumption” that qualifying facilities with a capacity greater than 20 MWs have
nondiscriminatory access to the MISO markets through Commission-approved open
access transmission tariffs and interconnection rules, and that electric utilities that are
members of MISO should be relieved from the mandatory PURPA purchase
obligation from such QFs. The Over 20 MW QFs identified in this application have
nondiscriminatory access to the MISO markets through the MISO Tariff, including
pursuant to the MISO Tariff’s interconnection rules. The Entergy Operating
Companies therefore request a finding pursuant to Section 292.309(a)(1) that Over 20
MW QFs in the Entergy Operating Companies’ service territories have
nondiscriminatory access to (i) independently administered, auction-based day ahead
and real time wholesale markets for the sale of electric energy; and (ii) wholesale
markets for long-term sales of capacity and electric energy.
IV. APPLICATION
Section 292.310 of the Commission’s regulations sets forth the procedure an
electric utility seeking to terminate the mandatory PURPA purchase obligation is
required to follow. The procedure includes filing an application with the Commission
and providing sufficient notice of the application to all potentially affected QFs. An
applicant is required to explain how the applicant meets the conditions of Section
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292.309(a)(1), (2), or (3) and to state if the application is relying on the rebuttable
presumption adopted in Section 292.309(e). The application must also include
studies, including the applicant’s long-term transmission plan, which show
transmission constraints, transfer capability, congestion, and generation
interconnections. The Commission will act on the application within 90 days of the
date of the filing.5
As explained below, the Entergy Operating Companies should be relieved of
the obligation to purchase power from Over 20 MW QFs effective September 29,
2014. As noted, however, the Entergy Operating Companies will continue to abide
by their power purchase contracts with Over 20 MW QFs pending satisfaction of
applicable contract termination requirements.
A. Identification of Applicable Provisions and Factual Basis – Sections 292.310(d)(1) and (2).
Sections 292.310(d)(1) and (2) of the Commission’s regulations require
electric utilities seeking termination of the mandatory QF purchase obligation to
explain how the applicant meets the conditions of Section 292.309(a)(1), (2), or (3)
and to state if the applicant is relying on the rebuttable presumption adopted in
Sections 292.309(e) to support its application. In submitting this Application, ESI
affirmatively relies on the rebuttable presumption set forth in Section 292.309(e)
concerning the nondiscriminatory access of Over 20 MW QFs within the areas served
by the Entergy Operating Companies to the MISO market.
5 18 C.F.R. § 292.310(a).
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For the purpose of clarity, ESI notes that the scope and impact of the
requested relief is limited. Notably, the relief requested does not affect the ability of
a QF to generate power to serve host load requirements, nor does it affect the ability
of a QF to register with MISO as a Market Participant, or retain the services of a
Market Participant to act as its agent, and sell directly in the MISO Day 2 markets or
enter into physical bilateral sales. Section 292.309(e) establishes a rebuttable
presumption that Over 20 MW QFs have nondiscriminatory access to the MISO
markets through the MISO’s FERC-approved open access transmission tariff and
interconnection rules. The Entergy Operating Companies are members of MISO.
The Commission has determined that MISO qualifies as a market that provides Over
20 MW QFs with nondiscriminatory access to “independently administered, auction-
based day-ahead and real-time wholesale markets for the sale of electric energy” and
to “wholesale markets for long-term sales of capacity and electric energy.”6
Accordingly, the Entergy Operating Companies satisfy the criteria adopted in
Section § 292.309(a)(1) for termination of their PURPA purchase obligation with
respect to Over 20 MW QFs in the areas that they serve. As a result, pursuant to
Sections 292.309(a) and (e), the Entergy Operating Companies should be relieved of
their PURPA purchase obligation with respect to Over 20 MW QFs within MISO.
6 18 C.F.R. § 292.309(e). The MISO Tariff, which is on file with FERC as Midcontinent Independent System Operator, Inc., FERC Electric Tariff Fifth Revised, Volume No. 1, provides the rates, terms, and conditions for the MISO’s provision of open access transmission service on a non-discriminatory basis and memorializes the terms and conditions for MISO’s administration of day-ahead and real-time energy markets and ancillary services markets.
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B. Transmission Studies and Related Information -- Section 292.310(d)(3).
Section 292.310(d)(3) of the Commission’s regulations requires an applicant
seeking to be relieved of its PURPA purchase obligation to submit transmission
studies and related information with its application, including: (i) the applicant’s
long-term transmission plan conducted by applicant or a regional transmission
organization, independent system operator or other relevant entity; (ii) transmission
constraints by path, element or other level of comparable detail that have occurred
and/or are known and expected to occur, and any proposed mitigation including
transmission construction plans; (iii) levels of congestion, if available; (iv) relevant
system impact studies for the generation interconnections that have already been
completed; (v) other information pertinent to showing whether transfer capability is
available; and (vi) the appropriate link to the applicant’s OASIS, if any, from which a
QF may obtain applicant’s available transmission capacity information. The
Commission has confirmed that applicants may provide hyperlinks to relevant
documents available on the internet instead of submitting entire documents with their
applications.7
In accordance with the requirements of Section 292.310(d)(3), ESI submits
the following information:
7 In Order No. 688-A, the Commission confirmed that utility applicants may provide hyperlinks to relevant studies on the internet rather than submitting copies of documents attached to the applications. Order No. 688-A at P 112 (“We clarify, moreover, that an applicant can provide a hyperlink to the relevant studies, if available, rather than submitting complete studies and reports”).
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i. Long-term Transmission Planning
The Commission’s regulations require applicants to provide information about
their long-term transmission planning, whether conducted by the applicant, the RTO,
ISO or other relevant entity. See 18 CFR § 292.310(d)(3)(i). As transmission-owning
members of MISO, planning activities for the Entergy Operating Companies
transmission system are conducted through MISO’s planning process. MISO’s
planning pages, including a link to the MISO Transmission Expansion Plan 2014
(“MTEP14”), the first MTEP planning cycle in which the Entergy Operating
Companies have participated, are available at
https://www.misoenergy.org/Planning/Pages/Planning.aspx:
ii. Transmission Constraints by Path
The Commission’s regulations require applicants to provide information about
known and anticipated transmission constraints, as well as any proposed mitigation,
including transmission construction plans. See 18 CFR § 292.310(d)(3)(ii). As part
of the Midwest ISO’s FERC-approved Regional Transmission Planning Process
under Order No. 890 and Order No. 1000, MISO and its stakeholders utilize a
comprehensive planning approach, which includes performing various studies to
identify transmission issues, such as transmission constraints, and evaluating projects
in the context of addressing these issues. Transmission constraints are identified in
the regional planning process in order to identify opportunities to improve system
efficiency, to be approved by the MISO Board of Directors. Additionally,
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x Transmission constraint information is posted on MISO’s OASIS
http://www.oasis.oati.com/MISO/index.html, with the use of an OATi
certificate required to protect secured information;
x The Entergy Operating Companies’ Transmission construction plans and
status updates are posted at:
http://www.oasis.oati.com/EES/EESdocs/Construction_Plan.htm;
x Real Time Binding constraints, both current and historical, are also posted at
https://www.misoenergy.org/MarketsOperations/RealTimeMarketData/Pages/
RealTimeBindingConstraints.aspx;
x Day Ahead, Real Time, and historical data on binding constraints can be
accessed through the MISO “Market Reports” page at:
https://www.misoenergy.org/Library/MarketReports/Pages/MarketReports.asp
x; and
x Scheduled outages, as well as other real time operational information, are
posted at:
https://www.misoenergy.org/MarketsOperations/Notifications/Pages/Real-
TimeEmergencies.aspx.
iii. Congestion.
The Commission’s regulations also require applicants to provide information
regarding the levels of congestion, if available. See 18 CFR § 292.310(d)(3)(iii). As
part of MISO’s regional and interregional transmission planning process, MISO
performs several congestion-based studies, which include in-depth analyses of the
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most-congested flowgates in the footprint and identify transmission investments that
would address chronic congestion.
Additionally, real time and historical operational levels of congestion,
including the Marginal Congestion Component for each Pricing Node in the MISO
footprint, are available on MISO’s website:
x Real Time and prior-day data is available at:
https://www.misoenergy.org/MarketsOperations/RealTimeMarketData/Pages/
RealTimeFiveMinuteExPostIntervals.aspx;
x Earlier historical data can be accessed through the MISO “Market Reports”
page at:
https://www.misoenergy.org/Library/MarketReports/Pages/MarketReports.asp
x; and
x A visual representation of Real Time congestion for a subset of Pricing Nodes
can be seen on the LMP Contour Map at:
https://www.misoenergy.org/LMPContourMap/MISO_All.html.
iv. System Impact Studies.
The Commission’s regulations require applicants to provide information
concerning relevant system impact studies for the generation interconnections, that
have already been completed. See 18 CFR § 292.310(d)(3)(iv). MISO is the
transmission provider for the Entergy Operating Companies. As such, MISO
performs system impact studies for generator interconnections. Information
regarding the MISO generator interconnection process can be found at:
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https://www.misoenergy.org/Planning/GeneratorInterconnection/Pages/GeneratorInte
rconnection.aspx.
For generators wishing to interconnect with Entergy Operating Company
facilities that are not under MISO’s functional control, Entergy’s Facility Connection
Requirements are available at:
http://www.entergy.com/energydelivery/facility_requirements.aspx.
Since the integration of the Entergy Operating Companies into MISO, no
requests for system impact studies for generation interconnections have been
completed. Four requests are currently pending study in MISO’s Definitive Planning
Phase, which will begin in October 2014 (delayed from August 2014).
v. Transfer Capacity.
All of the information pertinent to showing whether transfer capability is
available at the link to MISO’s OASIS site provided in the next section.
vi. OASIS.
A QF may obtain information on available transmission capacity for the
Entergy Operating Companies’ transmission facilities on MISO’s OASIS
(http://www.oasis.oati.com/MISO/index.html).
C. Description of the Procedures for Interconnected Over 20 MW QFs to Arrange for Transmission Service -- Section 292.310(d)(4).
Section 292.310(d)(4) of the Commission’s regulations requires ESI to
describe the process, procedures, and practices that Over 20 MW QFs interconnected
to the Entergy Operating Companies must follow to arrange for transmission service
to transfer power to purchasers other than the Entergy Operating Companies. Such
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descriptions must include the process, procedures, and practices of all distribution,
transmission, and regional transmission facilities necessary for Over 20 MW QFs to
have access to the market.
To arrange for transmission service to transfer power to purchasers other than
the Entergy Operating Companies, Over 20 MW QFs interconnected to the Entergy
Operating Companies would go through MISO’s transmission service request
process, which would require submission of the request for capacity evaluation on
MISO’s OASIS, http://www.oasis.oati.com/MISO/index.html. MISO’s process for
obtaining long-term transmission service can be found at:
https://www.misoenergy.org/Planning/LongTermTransmissionService/Pages/LongTe
rmTransmissionService.aspx.
D. New Interconnection Agreements -- Section 292.310(d)(5).
Section 292.310(d)(5) of the Commission’s regulations requires ESI to
explain the requirements an Over 20 MW QF must follow to execute new
interconnection agreements or renegotiate existing agreements in order to make
wholesale sales to third party purchasers. Additionally, ESI is required to explain any
differences in the requirements for QFs as compared to other generators or generation
owned by the Entergy Operating Companies.
If QFs are required to execute new interconnection agreements, or renegotiate
existing agreements so that they can effectuate wholesale sales to third-party
purchasers, such QFs must follow MISO’s procedures for interconnecting and
requesting transmission services. MISO’s generator interconnection policies and
procedures are available at:
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https://www.misoenergy.org/Planning/GeneratorInterconnection/Pages/GeneratorInte
rconnection.aspx.
There is no difference in the requirements for QFs as compared to other generators or
generation owned by the Entergy Operating Companies.
E. Notice to All Potentially Affected QFs -- Sections 292.310(a)- (c).
Section 292.310(a) of the Commission’s regulations requires ESI to provide
sufficient notice of the Application to all potentially affected QFs. 8 Sections
292.310(b) and (c) explain that sufficient notice entails identification in the
Application of all potentially affected QFs, including names and addresses of such
QFs, and:
x the docket number assigned if the QF filed for self-certification or an
application for Commission certification of QF status;
x the net capacity of the QF;
x the location of the QF depicted by state and county, and the name and
location of the substation where the QF is interconnected;
x the interconnection status of each potentially affected QF including
whether the QF is interconnected as an energy or a network resource;
and
8 As discussed in this Application, the Entergy Operating Companies seek relief from the mandatory purchase obligation under PURPA only with respect to QFs that are larger than 20 MW. However, out of an abundance of caution, ESI is including some entities having a net capacity of 20 MW or less in Attachment A because the Commission’s regulations do not identify a limit on the net capacity of “potentially affected” QFs.
14 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
x the expiration date of the energy and/or capacity agreement between
the applicant utility and each potentially affected QF.
The regulations state that all potentially affected QFs shall include:
1. Those qualifying facilities that have existing power purchase contracts
with the applicant;
2. Other qualifying facilities that sell their output to the applicant or that
have pending self-certification or Commission certification with the
Commission for qualifying facility status whereby the applicant will
be the purchaser of the qualifying facility's output;
3. Any developer of generating facilities with whom the applicant has
agreed to enter into power purchase contracts, as of the date of the
application filed pursuant to this section, or are in discussion, as of the
date of the application filed pursuant to this section, with regard to
power purchase contacts;
4. The developers of facilities that have pending state avoided cost
proceedings, as of the date of the application filed pursuant to this
section; and
5. Any other qualifying facilities that the applicant reasonably believes to
be affected by its application filed pursuant to 18 C.F.R. § 292.310(a).
ESI has provided the information set forth above for each potentially affected QF in
Attachment A to this Application, consistent with 18 C.F.R. § 292.310(b) and (c).
ESI is providing a copy of the Application to all entities listed in Attachment
A. The Application will be sent via email or, alternatively, via postal mail. ESI
15 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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requests waiver, to the extent necessary, of the Section 292.310(c) information
requirement on the grounds that certain information is unavailable. For some of the
listed entities, ESI is not able to provide all of the information required by 18 C.F.R. §
292.310(c). The Commission recognized in Order No. 732 that such information may
not be available because a potentially affected QF may not have filed for QF self-
certification (and therefore, did not receive a docket number), or because the
potentially-affected QF’s plans are not sufficiently definite for the QF to know the
information required by 18 C.F.R. § 292.310(c).9 ESI also seeks waiver of the
section 292.310(c) requirements if it has failed to identify any potentially affected
QF. ESI has exercised due diligence and has engaged in extensive efforts to gather
all the information required by the regulations for each potentially affected QF in
each of the areas served by the Entergy Operating Companies. However, many of the
QFs may have been existence for a long period of time and may have changed names
or ownership. To the extent that certain information is missing from Attachment A,
ESI seeks a waiver of the requirement to provide that information as it has gone to
considerable lengths to collect such information.
Section 292.310(c) requires that ESI submit the expiration date of the energy
and/or capacity agreement between the Entergy Operating Company and each
potentially affected QF. ESI will provide notice to affected Over 20 MW QFs of this
application and regarding application of contract termination provisions. ESI will
9 Revisions to Forms, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility, Order No. 732, 75 Fed. Reg. 15,950 at n.36 (Mar. 30, 2010).
16 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
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supplement the record of this proceeding with further information about its notices to
the affected Over 20 MW QFs.
F. Verification -- Section 292.310(d)(7)
Section 292.310(d)(7) of the Commission’s regulations requires an authorized
individual to verify the accuracy and authenticity of the information provided in an
application for relief from mandatory QF purchase obligations. A verification on
behalf of the Entergy Operating Companies is attached.
17 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
V. CONCLUSION
For the reasons stated above, the Commission should relieve the Entergy
Operating Companies of their mandatory PURPA purchase obligation throughout the
areas they serve with respect to Over 20 MW QFs, effective September 29, 2014.
Respectfully submitted,
___Megan E. Vetula______
Entergy Services, Inc. 101 Constitution Avenue, N.W. Suite 200 East Washington, DC 20001 (202) 530-7300
Attorney for Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., and Entergy Texas, Inc.
Dated: September 29, 2014
18 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
) Entergy Services, Inc., on behalf of ) Entergy Arkansas, Inc. ) Docket No. QM14- -000 Entergy Gulf States Louisiana, LL.C. ) Entergy Louisiana, LLC ) Entergy Mississippi, Inc. ) Entergy New Orleans, Inc. ) Entergy Texas, Inc. ) )
APPLICATION PURSUANT TO SECTION 292.310(A) FOR TERMINATION OF MANDATORY PURCHASE OBLIGATION FROM QUALIFYING FACILITIES WITH NET CAPACITY GREATER THAN TWENTY MEGAWATTS
I, Andrea Weinstein, being duly sworn, depose and say that I am Vice President, Federal Regulatory Affairs of Entergy Services, Inc. and have authority with respect thereto. I have read the foregoing Application, and based on my knowledge, information, and belief, all of the statements contained therein pertaining to the Applicants are true and accurate.
%‘ NOAH , ..••. Andrea Weinstein Li - Vice President, Federal Regulatory Affairs Entergy Services, Inc. COt4tt50’ 2 ø fXPIP.ES :
UBSCRIBED AND SWORN to before me on this th day of September, 2014
Notary Public 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
ATTACHMENT A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 EIA Location by State and Entergy Substation Name Address Nameplate FERC Docket # Agreement Termination Provisions County OpCo Name Capacity 60 days written notice from yearly renewal term; regulatory change Sabine Cogen 1006 Farm Rd, Orange, TX 77631 TX - Orange ETI 106.5 GUR QF98-119 provision QF90-93 / QF98- Exxon Baton Rouge 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 100 EXXON 36 one year written notice from yearly renewal term ESSO 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL unknown ESSO unknown one year written notice from yearly renewal term QF86-1058/ PPG Powerhouse C (CC) 1300 PPG Drive, Westlake, LA LA - Calcasieu EGSL 357.7 PPG QF00-32 unknown/not applicable RS Cogen 1300 PPG Drive, Westlake, LA LA - Calcasieu EGSL 493.0 PPG QF00-32 180 days written notice from yearly renewal date of May 27 Pine Bluff Energy 5301 Fairfield Auxiliary PO, Pine Bluff, AR AR - Jefferson EAI 482.0 PBENGY QF97-61 30 days written notice from effective date of termination 30 days written notice from expiration of original term (15 year term Exxon Mobil Carroll Street Park 1795 Burt St, Beaumont, TX 77704 TX - Jefferson ETI 367.2 CRSPRK QF04-63 starting 12/15/2004); regulatory change provision Expired by its own terms on January 1, 2002; regulatory change SRW Cogen/DuPont Sabine 600 North Dair Ashford, Houston, TX 77070 TX - Harris ETI 505.0 COW QF87-222/223 provision 180 days written notice from yearly renewal date of April 1; regulatory 2739 FM 1006, Orange, TX 77630 TX - Orange ETI COW QF00-49 Sabine River Works 96.1 change provision 60 days written notice from effective date of termination; regulatory Oxy Taft 266 Hwy 3142, Hahnville, LA 70057 LA - St. Charles ELL 894.2 HOOKER_E QF00-64 change provision (90 days written notice) Dow Chem Union Carbide/St Charles Operations (CC) 355 Highway 3142, Hahnville, LA 70057 LA - St. Charles ELL 333.6 UNCARB QF96-68 30 days written notice from effective date of termination QF82-140/QF82- Dow Plaquemine Hwy 1, Addis, LA 70710 LA - Iberville EGSL 987.0 DOWMTR 142/QF02-10 60 days written notice Total Petrochemicals/Port Arthur one year written notice from yearly renewal date of Oct 1; regulatory Texas Refinery (GEN1) FM 366 & 32nd Street, Port Arthur, TX 77619 TX - Jefferson ETI 38.4 GLFWAY QF87-274 change provision Air Liquide Port Neches/Port Neches 30 days written notice from yearly renewal term; regulatory change Plant (G1) 2121 Park St, Port Neches, TX 77651 TX - Jefferson ETI 38.0 MAGNOL QF93-40 provision Rain CII Chalmette/CII Carbon LLC (TG 2-3) 100 Coke Plant Rd, Chalmette, LA 70043 LA - St. Bernard ELL 46.0 KAISR4 QF83-161 30 days written notice from effective date of termination 6001 Hwy, 366 PO Box 847, Port Neches, TX Huntsman/Jco Oxides Olefins Plant 77651 TX - Jefferson ETI 77.2 HUNTS1 QF90-174 unknown/not applicable BASF Corp Port Arthur Route 366 and 73, Port Arthur, TX 77640 TX - Jefferson ETI 83.2 VFWPRK QF01-6 unknown/not applicable
Geismar (Air Liquide) 36597 Hwy 30, Geismar, LA 70734 LA - Ascension EGSL 83.9 SOWOOD QF99-91 30 days notice prior to the end of the then effective term provided 180 days written notice from effective date of termination; regulatory Shell Geismar 7594 Highway 75, Geismar, LA 70734 LA - Ascension EGSL 80.0 WODSTK QF02-31 change provision Valero Port Arthur Refinery/Port 1801 South Gulfway Dr, Port Arthur, TX QF06-31/ QF99- one year written notice from yearly renewal date; regulatory change Arthur Refinery (PREMCOR) 77640 TX - Jefferson ETI 70.9 SALTGR 84 provision (90 days written notice) 6 months written notice from yearly renewal date of April 1; Port Arthur Refinery (MOTIVA) 2815 Coke Dock Road, Post Arthur, TX 77640 TX - Jefferson ETI 110.4 STHSID QF09-524 regulatory change provision QF90-196/ QF95- Formosa Plastics Gulf States Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 105.5 FORMOS 271 60 days written notice from effective date of termination Georgia Pacific Repapco/Port 90 days written notice from effective date of termination; regulatory Hudson 1000 W. Mt. Pleasant Rd, Zachary, LA 70791 LA - East Baton Rouge EGSL 127.7 REP QF07-135 change provision BASF Corp Wyandotte/Geismar QF89-282/QF98- (BASF) & Geismar (Air Liquide) 8404 Hwy 75, Geismar, LA 70734 LA - Ascension EGSL 168.0 BELHEL 100/QF99-39 60 days written notice from effective date of termination
Georgia Gulf 26100 Highway 405, Plaquemine, LA 70764 LA - Iberville ELL 306.0 EVRGRN QF96-53 30 days written notice from five (5) year renewal term QF84-180/ QF92- Degussa Engr Carbons 7702 FM 1960 Rd E, Humble, TX 77346 TX - Harris ETI 10.0 PHILBK 52 60 days written notice Potlatch Corp Southern Wood 810 W. Pinte Street, Warren, AR AR - Bradley EAI 15.0 WARNWS QF91-57 60 days written notice from yearly renewal term
Mosaic Phosphates 13830 Circa Crossing Drive, Lithia, FL 33547 LA - St. James Parish ELL 11.0 CONVNT QF13-404 30 days written notice from effective date of termination KPAQ 2105 Hwy 964, St. Francisville, LA 70775 LA - West Feliciana EGSL 12.5 CZB QF91-209 unknown/not applicable IH-10 Southwest at Smith Rd, Beaumont, TX 60 days written notice from yearly renewal term; regulatory change Goodyear Tire 77705 TX - Jefferson ETI 34.8 GDYRCH QF99-85 provision 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 EIA Location by State and Entergy Substation Name Address Nameplate FERC Docket # Agreement Termination Provisions County OpCo Name Capacity Louisiana Station/Plant 31 Paper Mill 300 GSU Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 20.0 LST QF83-180 one year written notice from yearly renewal term Clearwater Paper/Potlatch Corp Arkansas Pulp Substation Cust Acct, McGhee, AR AR - Desha EAI 20.0 ROHWER QF85-710 unknown/not applicable LA - Plaquemines Alliance Refinery (Phillips 66) 15551 Highway 23, Belle Chasse, LA 70037 Parish ELL 25.0 ALLIAN QF89-308 30 days written notice from effective date of termination Mississippi Chemical Corporation, Attn: Corporate Secretary, PO Box 388, Yazoo City, Terra Miss Nitrogen MS 39194-0388 MS - Yazoo EMI 25.0 MSCHEM QF83-318 unknown/not applicable Louisiana State University, Office of Facility LSU Services, Baton Rouge, LA 70803 LA - East Baton Rouge EGSL 19.6 LSU QF05-164 unknown/not applicable Equistar/Lake Charles Polyolefins Plant 4101 Highway 108,Westlake, LA 70669 LA - Calcasieu EGSL 31.1 SPH QF11-290 unknown/not applicable Valero - Good Hope 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 31.2 GDHOPE unknown unknown/not applicable RockTenn CP 1 Mill Street, Hodge, LA 71247 LA - Jackson ELL 43.1 JONSB3 unknown unknown/not applicable Int Paper, Temple Inland, Orange 501 Avenue U, Bogalusa, LA 70427 LA - Washington ETI 48.0 INO QF84-389 unknown/not applicable
Evergreen Packaging Water Wells Nearby Railway, Pine Bluff, AR AR - Jefferson EAI unknown PBIP unknown unknown/not applicable
Int Paper, Temple Inland, Bogalusa 401 Avenue U, Bogalusa, LA 70427 LA - Washington ELL 99.5 CAMLIA QF86-154 unknown/not applicable
CF Industries Nitrogen, LLC 39018 Hwy 3089, Donaldsonville, LA 70347 LA - St. James ELL 35 Bayou Verret 90 days written notice from effective date of termination Georgia Pacific Crosset Substation Cust Acct, Crosset, AR AR - Ashley EAI 92.0 CROSNR QF93-137 unknown/not applicable 90 days written notice from effective dateof termination; regulatory Agrilectric 3063 Hwy. 397, Lake Charles, LA 70615 LA - Calcasieu EGSL 12.1 RICE QF83-15 change provision Rain CII 1920 Pak Tank Road,Sulphur, LA 70665 LA - Calcasieu EGSL 36.4 LONSTR QF00-97 90 days written notice from effective date of termination 60 days written notice from effective date of termination; regulatory Calpine Carville 4322 Highway 30, Saint Gabriel, LA 70776 LA - Iberville EGSL 570.0 STGABE QF98-83 change provision Crown Paper unknown LA ELL unknown unknown unknown unknown/not applicable Laccassine Mill LLC, 19372 Bob Odom Railway, Lacassine, LA, PO Box 229, LA - Jefferson Davis Lake Charles Cane Lacassine Mill Lacassine, LA 70650 Parish EGSL unknown unknown unknown unknown/not applicable Pan Energy unknown LA EGSL unknown unknown unknown unknown/not applicable West Frazier Inc Leola Leola, AR AR - Grant EAI unknown CZB unknown 30 days written notice from effective date of termination CITGO unknown LA - Calcasieu EGSL 25.0 unknown unknown unknown/not applicable 14700 Intracoastal Drive, New Orleans, LA Air Products 70129 LA - Orleans ENOI unknown Gulf Outlet unknown 30 days written notice 1111 Airline Highway, US 61. Suite Noranda Aluminum 3370 Gramercy, LA 70052 LA - St. James ELL 85.3 None unknown unknown/not applicable
Viridis 2525 North Loop 336 East, Conroe, TX 77303 TX - Montgomery ETI unknown unknown QF03-44 unknown/not applicable
ESI has determined that none of the potentially affected QFs listed on Attachment A are interconnected as network resources. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
CERTIFICATE OF SERVICE
I hereby certify that I will serve, by email or postal mail, the foregoing application on the owners or representatives of the qualifying facilities identified in Attachment A to this application.
__Megan E. Vetula______
Entergy Services, Inc. 101 Constitution Avenue, NW Suite 200-E Washington, DC 20001
Dated: September 29, 2014 Washington, D.C. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Entergy Services, Inc. 101 Constitution Ave., NW Suite 200 East Washington, DC 20001 Tel 202 530 7325 Fax 202 530 7350 [email protected]
Megan E. Vetula Senior Counsel Federal Energy Regulatory Affairs Entergy Services, Inc.
December 5, 2014
Penny S. Murrell, Director Division of Electric Power Regulation - Central Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20009
Re: Entergy Services, Inc., et al., Docket No. QM14-3-000 Response of Entergy Services, Inc., et al. to Deficiency Letter
Dear Ms. Murrell:
On September 29, 2014, Entergy Services, Inc. (“ESI”) filed, on behalf of the Entergy Operating Companies,1 an application (“Application”) pursuant to section 292.310 of the Commission’s regulations and section 210(m) of the Public Utility Regulatory Policies Act of 1978 (“PURPA”), seeking to terminate, on a service territory-wide basis, Entergy Operating Companies’ obligations under section 292.303(a) of the Commission’s regulations to enter into new contracts or obligations to purchase electric energy from qualifying facilities (“QF”) with net capacities in excess of 20 MW (“Over 20 MW QFs”). ESI filed its Answer to protests and comments filed in the above-referenced proceeding on
1 The Entergy Operating Companies are Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy Texas, Inc., and Entergy New Orleans, Inc. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
November 21, 2014.2 ESI hereby responds to the questions set forth in the Deficiency Letter dated November 10, 2014 and copied below in italicized text.3
1. In the application, Entergy stated that the Entergy Operating Companies seek relief from the mandatory purchase obligation under PURPA only with respect to QFs that are larger than 20 MW. However, out of an abundance of caution, [Entergy Services, Inc.] is including some entities having a net capacity of 20 MW or less in Attachment A because the Commission’s regulations do not identify a limit on the net capacity of ‘potentially affected’ QFs.
Please provide the names and addresses of all potentially affected QFs, including those whose net capacity is greater than 20 MW, and those whose net capacity is 20 MW and smaller (including the QFs identified previously in Attachment A of your application), as well as the information required by 18 C.F.R. § 292.310 (2014).
Please see Revised Attachment A, which identifies all potentially affected QFs and provides additional information.
2. For all potentially affected QFs (including those listed in Attachment A of your Application), please provide each QF’s net capacity.
Please see Revised Attachment A.
3. Occidental Chemical Corporation and CF Industries Nitrogen, LLC claim that Entergy’s links to MISO’s website and OASIS fail to provide the specific information required by 18 C.F.R. § 292.310 (2014) that would afford potentially affected QFs an opportunity to evaluate potential obstacles to nondiscriminatory access. As required by 18 C.F.R. § 292.310 (2014), please identify where a potentially affected QF may readily access the specific relevant information from the hyperlinks you rely on in your Application, or provide more direct hyperlinks to or copies of the specific relevant information.
ESI included hyperlinks in its Application to provide the information required by Sections 292.310(d)(3)-(5) of the Commission’s regulations and also described the relevance of such information.4 The hyperlinks relied upon in the Application are reproduced below and supplemented with a description of where to find the specific relevant information. ESI submits the following information as required by Sections 292.310(d)(3)-(5) of the Commission’s regulations, but does not concede its relevance to
2 Entergy Svcs., Inc., et al., Motion for Leave to Answer and Answer to Protests of Entergy Services, Inc., et al., Docket No. QM14-3-000 (filed November 21, 2014) (“ESI Answer”). 3 Entergy Svcs., Inc., et al., Deficiency Letter, Docket No. QM14-3-000 (issued November 10, 2014) (“Deficiency Letter”). 4 Application, pps. 8-14. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
the issue of whether Over 20 MW QFs have nondiscriminatory access to the MISO markets because, as described in the ESI Answer, a generator in MISO does not need transmission service to make a bilateral sale anywhere within the entire MISO footprint, or to sell into the MISO central markets.5
Hyperlink Location of specific relevant information Long-term transmission planning The most recent MISO long-term transmission plan, referred to as “MTEP14”, can be accessed through the “Browse MTEP14” link. The MTEP14 report includes information about the transmission planning process, specific planning studies, the status https://www.misoenergy.org/Planning/ of projects that have been approved, projects Pages/Planning.aspx under consideration, interconnection requests, transmission service requests, generator retirements, deliverability analyses, anticipated transmission constraints, and other potentially-relevant information. The report includes an index to help interested parties locate information deemed to be relevant. Transmission constraints by path This link provides access to the MISO Open Access Same-time Information System (“OASIS”). The specific relevant information about constraints by path accessed through OASIS includes a log of TLRs. The TLR log http://www.oasis.oati.com/MISO/index may be accessed by first following the .html “Transmission Information” link, then the “NERC TLR Website” link, and then the “TLR Logs” link. A list of TLRs called by MISO, organized by flowgate, is accessible through the NERC “TLR Logs” link. This link provides direct access to the Entergy Operating Companies’ Transmission construction plans and status updates. Section http://www.oasis.oati.com/EES/EESdo 292.310(d)(3)(ii) of the Commission’s cs/Construction_Plan.htm regulations specifically requests the submission of the transmission construction plans.
5 ESI Answer at 12-13 (citing Affidavit of Michael A. Schnitzer (“Schnitzer Affidavit”) at pp. 10- 14). See also Schnitzer Affidavit at p. 10 (observing that Dr. Yang’s analysis performed using MISO’s Scenario Analyzer incorrectly assumes the necessity of transmission service to make a bilateral sale within MISO). 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
https://www.misoenergy.org/MarketsO This link provides direct access to information perations/RealTimeMarketData/Pages/ about real time binding constraints in MISO. RealTimeBindingConstraints.aspx This link provides access to a repository of MISO market reports, including reports on transmission constraints. To access historical constraints in the day ahead market, choose “Day-Ahead” report type and enter “Day- https://www.misoenergy.org/Library/M Ahead Binding Constraints” report name. To arketReports/Pages/MarketReports.asp access historical constraints in the real-time x market, choose “Real-Time” report type and enter “Real-Time Binding Constraints” report name. In each case, the reports identify the binding constraint in each historical interval and the associated shadow price. This link provides direct access to MISO https://www.misoenergy.org/MarketsO operational alerts posted during the past 30 perations/Notifications/Pages/Real- days. Operational alerts during the past 90 TimeEmergencies.aspx days may be accessed through the “31-60” and “61-90” links at the bottom of the page. Congestion This link provides direct access to the MISO https://www.misoenergy.org/MarketsO Locational Marginal Price and Marginal perations/RealTimeMarketData/Pages/ Congestion Component of each Pricing Node RealTimeFiveMinuteExPostIntervals.as in the real-time market for the current interval px and for intervals during the prior day. This link provides access to a repository of MISO market reports, including reports on prices and congestion. To access Locational Marginal Prices and their subcomponents, https://www.misoenergy.org/Library/M including the Marginal Congestion arketReports/Pages/MarketReports.asp Components, choose “Historical LMP” report x type. Day-Ahead prices may be accessed by entering “Day-Ahead Market LMPs” report name, and Real-Time prices may be accessed by entering “Real-Time Market LMPs”. This link provides direct access to MISO’s “LMP Contour Map”. The map provides a visual representation of congestion in the real https://www.misoenergy.org/LMPCont time market during the current interval and ourMap/MISO_All.html includes a playback option that provides a visual representation of congestion during all intervals of the preceding 48 hour period. System Impact Studies for Generator Interconnection https://www.misoenergy.org/Planning/ Section 292.310(d)(3)(iv) of the 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
GeneratorInterconnection/Pages/Genera Commission’s regulations requires applicants torInterconnection.aspx to include “Relevant system impact studies for the generator interconnections, already completed”. This link provides access to MISO’s page devoted to generator interconnection. To access completed system impact studies and other studies related to interconnection requests, follow the “Interactive Queue” link. The Interactive Queue allows users to query MISO’s database of interconnection-related studies, including by location. MISO’s page devoted to generator interconnections includes additional information that is not specifically required by Section 292.310(d)(3), but which may nevertheless be of interest to FERC or potentially-affected QFs; in particular, the “Interconnection Procedures and Requirements” link provides access to a page describing the process for interconnection requests and studies. This link provides direct access to the http://www.entergy.com/energydeliver requirements for interconnecting to Entergy’s y/facility_requirements.aspx transmission system. Transfer capacity As described in the Application, “[a]ll of the information pertinent to showing whether transfer capability is available at the link to http://www.oasis.oati.com/MISO/index MISO’s OASIS site provided in the next .html section.”6 MISO’s OASIS homepage is accessible through this link. OASIS The link provided is to MISO’s OASIS homepage. MISO supports a “Scenario Analyzer”, which is a tool that determines whether a Transmission Service Request is likely to be approved based on system http://www.oasis.oati.com/MISO/index conditions for the time period under study. .html The Scenario Analyzer may be accessed through OASIS by parties with an OATI certificate. To access the Scenario Analyzer, follow the link provided, click “Production Node Login” and log in, click the
6 Application, p. 12. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
“Reservations” tab, click on “AFC Flowgate Reports”, and then select “Scenario Analyzer Tool”. Transmission Service The process, procedures, and practices that must be followed to arrange for transmission service may be accessed via the link to the MISO page devoted to transmission service http://www.oasis.oati.com/MISO/index that is provided below. This link provides .html access to MISO’s OASIS homepage, which is a website that is familiar to many market participants and therefore may be a more convenient source of the same information. Section 292.310(d)(4) of the Commission’s regulations requires applicants to describe the process, procedures, and practices that must be followed to arrange for transmission service. This link provides access to MISO’s page devoted to transmission service. The page includes links to Module B of the MISO https://www.misoenergy.org/Planning/ Tariff which governs the provision of LongTermTransmissionService/Pages/ transmission service, related MISO Tariff LongTermTransmissionService.aspx attachments and rate schedules, and Business Practice Manuals further describing transmission service requests and their evaluation. Each of these documents is readily located and accessed from this page. The page also includes links providing contact information and answers to frequently asked questions. New Interconnection Agreements This link provides access to MISO’s page devoted to generator interconnection. The interconnection requirements, charges, and https://www.misoenergy.org/Planning/ processes required to be submitted pursuant to GeneratorInterconnection/Pages/Genera 292.310(d)(5) of the Commission’s torInterconnection.aspx regulations are described on the pages accessed through the “Interconnection Procedures and Requirements” and “Requests and Application” links.
4. In order to process your request for waiver of 18 C.F.R. § 292.310(c) (2014), please describe in detail the process and procedures you followed to conduct “due diligence” and “to gather all the information required by the regulations for 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
each potentially affected QF in each of the areas served by the Entergy Operating Companies.”
Several months prior to filing its Application, ESI initiated efforts to compile the information required by 18 C.F.R. § 292.310(c). Over a period of approximately three months, ESI personnel and personnel in multiple business units within the Entergy Operating Companies reviewed voluminous internal records, including numerous agreements (some current, some revised, and some expired) with potentially affected QFs. In some instances, complete information could not be located despite concerted efforts by multiple individuals.
Several factors affected ESI’s efforts to compile Attachment A. In some instances, the age of the records contributed to the incompleteness of the information located. In some of those same instances, the age of the agreement made it difficult to find the personnel involved in the initial establishment of the QF relationship and changes to that relationship over time. Recent personnel changes and the movement of certain records originally housed in Beaumont, Texas to Louisiana also provided difficulties in locating and reviewing older documents.
To confirm and supplement the review of internal records, QF certification and re-certification filings in the Commission’s e-library were consulted. However, in some instances such filings did not contain current information, for example due to ownership changes, or could not be located. Additionally, older QF filings could not be viewed in the Commission’s e-library.
ESI also engaged a consultant to review publically available data to confirm the nameplate capacities of the potentially affected QFs listed in Attachment A prior to filing the Application. Capacity rating information was obtained from databases compiled by Ventyx and the Energy Information Administration.7
As described, ESI undertook sustained and extensive efforts over a period of several months to compile the information required by 18 C.F.R. § 292.310(c). However, despite these efforts, complete information for all potentially affected QFs could not be located when the Application was completed. Thus, in its Application, ESI requested waiver of 18 C.F.R. § 292.310(c) to the extent necessary.
7 The nameplate capacities listed in Attachment A as initially filed and Revised Attachment A were based on this information for the QFs for which such information was available. Rain CII Carbon LLC (“Rain”) filed a protest stating that its facility’s maximum net output is 18.9 MW, citing its QF self-certification, not 46.0 MW as listed in Attachment A. Entergy Svcs., Inc., et al., Motion to Intervene and Protest of Rain CII Carbon LLC, Docket No. QM14-3-000 (filed Oct. 21, 2014). ESI has no position on Rain’s protest at this time but notes that should Rain’s facility’s net capacity be below 20 MW, it will not be affected by the Application. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Since the time of the initial filing, ESI has continued its efforts to compile the information required by 18 C.F.R. § 292.310(c) through its continued search for and review of records and discussions with personnel throughout the Entergy Operating Companies. As a result of those efforts, ESI has updated Attachment A, which it provides here as Revised Attachment A. Despite those cumulative and good faith efforts over the last six months, there remains some information for potentially affected QFs that has not been located. For example, renewal dates for several QF agreements are determined by commercial operation date, which is not defined in the QF agreement and in some cases could not be located despite extensive review of the records, including QF certification filings (which may be made prior to commercial operation with only estimated dates provided). In these cases, records of initial billing dates were used in Revised Attachment A as an indicator of approximate commercial operations dates. Therefore, ESI hereby renews its request for waiver of 18 C.F.R. § 292.310(c) to the extent necessary.
As requested, ESI is providing copies of this response to [email protected] and [email protected], to the service list in QM14-3-000, and to all potentially affected QFs listed on Revised Attachment A.
Please do not hesitate to contact the undersigned should you have any questions concerning this filing.
Respectfully submitted,
_/s/ Megan E. Vetula______
Andrea J. Weinstein Megan E. Vetula Entergy Services, Inc. Entergy Services, Inc. VP, Federal Regulatory Affairs 101 Constitution Avenue, N.W. 101 Constitution Ave., N.W. Suite 200 East Suite 200 East Washington, DC 20001 Washington, DC 20001 (202) 530-7300 (202) 530-7342 [email protected] [email protected] Attorney for Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., and Entergy Texas, Inc.
cc: [email protected] [email protected] Service list in QM14-3-000 Potentially affected QFs listed in Revised Attachment A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
REVISED ATTACHMENT A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Nameplate Location by State and Entergy Name Address Capacity Substation Name FERC Docket # Agreement Termination Dates/Provisions County OpCo (MW) 5301 Fairfield Auxiliary PO, Pine Bluff, AR Pine Bluff Energy 71601 AR - Jefferson EAI 482.0 PBENGY QF97-61 30 days written notice from effective date of termination Two Pine Landfill, 100 Two Pine Drive, North LRWU/Two Pine Gas Recovery Little Rock, Arkansas 72117 AR - Pulaski EAI 4.8 LR_PRT QF05-159 30 days written notice from effective date of termination Cross Oil 484 E. 6th Street, Smackover, AR 71762 AR - Union EAI 3.5 SMKOVR QF98-48 90 days written notice from effective date of termination Potlatch Corp Southern Wood 810 W. Pine Street, Warren, AR 71671 AR - Bradley EAI 15.0 WARNWS QF91-57 60 days written notice from yearly renewal date on or about 8/1 Clearwater Paper/Potlatch Corp Arkansas Pulp Substation Cust Acct, McGehee, AR 71654 AR - Desha EAI 20.0 ROHWER QF85-710 No contract Water Wells Nearby Railway, Pine Bluff, AR Evergreen Packaging 71601 AR - Jefferson EAI 89.0 PBIP unknown No contract Highway 82 and Paper Mill Rd, Crosset, AR Georgia Pacific 71635 AR - Ashley EAI 92.0 CROSNR QF93-137 No contract West Frazier Inc Leola PO Box 95, Leola, AR 72084 AR - Grant EAI 8.0 CZB QF96-73 30 days written notice from effective date of termination QF90-93/ QF98- Exxon Co USA (Exxon Baton Rouge) 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 100.0 EXXON 36 Terminates by its own terms on or before 1/1/2017 PPG Industries Inc (changed to Eagle US 2, LLC 2/2013) (PPG Powerhouse QF86-1058/ 180 days written notice from yearly renewal date of 12/1; regulatory C (CC)) 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 357.7 PPG QF00-32 change provision with 90 days notice 180 days written notice from yearly renewal date of 5/27; regulatory RS Cogen LLC (RS Cogen) 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 493.0 PPG QF00-32 change provision with 90 calendar days notice
Dow Chemical USA (Dow QF82-140/ QF82-60 days written notice by seller; agreement is silent regarding utility's Plaquemine) Hwy 1, Addis, LA 70710 LA - Iberville EGSL 987.0 DOWMTR 142/ QF02-10 right to terminate Air Liquide Large Indut U.S. LP 60 days notice prior to yearly renewal date of 6/17; regulatory change (Geismar (Air Liquide)) 36597 Hwy 30, Geismar, LA 70734 LA - Ascension EGSL 83.9 SOWOOD QF99-91 provision with 90 days notice 180 days written notice from effective date of termination; regulatory Shell Chemical Co (Shell Geismar) 7594 Highway 75, Geismar, LA 70734 LA - Ascension EGSL 80.0 WODSTK QF02-31 change provision with 90 days notice Formosa Plastics Corporation QF90-196/ QF95-60 days written notice from effective date of termination by seller; (Formosa Plastics) Gulf States Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 105.5 FORMOS 271 agreement is silent regarding utility's right to terminate George Pacific Corp (Georgia Pacific 90 days written notice from effective date of termination; regulatory Repapco/Port Hudson) 1000 W. Mt. Pleasant Rd, Zachary, LA 70791 LA - East Baton Rouge EGSL 127.7 REP QF07-135 change provision with 90 days notice BASF Corporation (BASF Corp Wyandotte/Geismar (BASF) & QF89-282/ QF98-60 days written notice from effective date of termination by seller; Geismar (Air Liquide)) 8404 Hwy 75, Geismar, LA 70734 LA - Ascension EGSL 168.0 BELHEL 100/ QF99-39 agreement is silent regarding utility's right to terminate 60 days written notice from yearly renewal term on or about 2/20; Praxair Highway 4451 Hwy 108, Sulphur, LA 70663 LA - Calcasieu EGSL 0.5 ROSE BLUFF QF00-34 regulatory change provision
Placid Refining 1940 Highway 1 North, Port Allen, LA 70767 LA - West Baton Rouge EGSL 7.6 PCD QF84-334 One year written notice from yearly renewal term KPAQ 2105 Hwy 964, St. Francisville, LA 70775 LA - West Feliciana EGSL 12.5 CZB QF91-209 No contract Louisiana Station/Plant 31 Paper QF83-180/ QF98- Mill 300 GSU Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 20.0 LST 36 Terminates by its own terms on or before 1/1/2017 Louisiana State University, Office of Facility LSU Services, Baton Rouge, LA 70803 LA - East Baton Rouge EGSL 19.6 LSU QF05-164 No contract Equistar/Lake Charles Polyolefins Plant 4101 Highway 108,Westlake, LA 70669 LA - Calcasieu EGSL 31.1 SPH QF11-290 No contract 90 days written notice from effective date of termination; regulatory Agri Power Part LTD (Agrilectric) 3063 Hwy. 397, Lake Charles, LA 70615 LA - Calcasieu EGSL 12.1 RICE QF83-15 change provision with 90 days notice 90 days written notice from effective date of termination; regulatory Rain CII Carbon LLC (Rain CII) 1920 Pak Tank Road, Sulphur, LA 70665 LA - Calcasieu EGSL 36.4 LONSTR QF00-97 change provision with 90 days notice 60 days written notice from effective date of termination; regulatory Calpine Carville 4322 Highway 30, Saint Gabriel, LA 70776 LA - Iberville EGSL 570.0 STGABE QF98-83 change provision with 90 days notice Lacassine Mill LLC, Lake Charles Cane, PO LA - Jefferson Davis Lacassine Feeder 90 days written notice from effective date of termination; regulatory Lake Charles Cane Lacassine Mill Box 229, Lacassine, LA 70650 Parish EGSL 7.5 565LA QF05-130 change provision with 90 days notice 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Nameplate Location by State and Entergy Name Address Capacity Substation Name FERC Docket # Agreement Termination Dates/Provisions County OpCo (MW) Occidental Chemical Corporation 60 days written notice from effective date of termination; regulatory (Oxy Taft) 266 Hwy 3142, Hahnville, LA 70057 LA - St. Charles ELL 894.2 HOOKER_E QF00-64 change provision with 90 days written notice Union Carbide Corporation (Dow Chem Union Carbide/St Charles 355 Highway 3142, Hahnville, LA 70057 LA - St. Charles ELL 333.6 UNCARB QF96-68 30 days written notice from effective date of termination
CII Carbon, L.L.C. (Rain CII 30 days written notice from effective date of termination by seller; Chalmette/CII Carbon LLC (TG 2-3)) 100 Coke Plant Rd, Chalmette, LA 70043 LA - St. Bernard ELL 46.0 KAISR4 QF83-161 agreement is silent regarding utility's right to terminate Georgia Gulf Chemical & Vinyls, LLC 30 days written notice from five (5) year renewal term, with the next (Georgia Gulf) 26100 Highway 405, Plaquemine, LA 70764 LA - Iberville ELL 306.0 EVRGRN QF96-53 renewal term commencing on or about 12/1/2017 Mosaic Phosphates Company (Mosaic Phosphates) 13830 Circa Crossing Drive, Lithia, FL 33547 LA - St. James Parish ELL 11.0 CONVNT QF13-404 30 days written notice from effective date of termination Phillips 66 Company (Alliance LA - Plaquemines Refinery (Phillips 66)) 15551 Highway 23, Belle Chasse, LA 70037 Parish ELL 25.0 ALLIAN QF89-308 30 days written notice from effective date of termination Valero - Good Hope 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 31.2 GDHOPE QF02-26 No contract
Int Paper, Temple Inland, Bogalusa 401 Avenue U, Bogalusa, LA 70427 LA - Washington ELL 99.5 CAMLIA QF86-154 No contract After initial three-year term ending on 9/28/2017, 90 days written notice from effective date of termination; regulatory change provision CF Industries Nitrogen, LLC 39018 Hwy 3089, Donaldsonville, LA 70347 LA - St. James ELL 35.0 Bayou Verret QF14-809 with 90 days notice 1111 Airline Highway, US 61. Suite Noranda Aluminum 3370 Gramercy, LA 70052 LA - St. James ELL 85.3 Lutcher unknown No contract 90 days written notice from effective date of termination; regulatory Evonik Stockhausen LLC 3606 Highway 44, Garyville, LA 70076 LA - St. John the Baptist ELL 5.3 BellePoint 230kV QF11-359 change provision with 90 days notice
Terminates on 9/26/2017 unless the Louisiana Public Service Commission has extended its Renewable Energy Pilot Program, in which case the Agreement would continue subject to termination 141 Leighton Quarters Rd, Thibodaux, LA rights with 90 days written notice from effective date of termination; Lafourche Sugars LLC 70301 LA - Lafourche Parish ELL 4.5 Thibodaux 230kV QF12-447 regulatory change provision with 90 days notice J.T. Shannon Lumber 2200 Cole Road, Horn Lake, MS 38637 MS - DeSoto EMI 0.3 HORNLK QF03-125 Expires on 6/1/2016 Ergon Refining 2611 Haining Road, Vicksburg, MS 39180 MS - Warren EMI 4.8 HANING ROAD QF94-130 Expires on 1/1/2019
CF Industries/Terra MS Nitrogen 4608 Highway 49 East, Yazoo City, MS 39194 MS - Yazoo EMI 22.0 MSCHEM QF83-318 Expires 6/1/2015 Southwest Jackson Family Clinic 5429 Robinson Road, Jackson, MS 39212 MS - Hinds EMI 0.0 JXNROBINSONRD unknown Expires 9/10/2015 14700 Intracoastal Drive, New Orleans, LA Air Products 70129 LA - Orleans ENOI 31.2 Gulf Outlet QF84-166 30 days written notice 60 days written notice from yearly renewal term (10/1/1999); Sabine Cogen 1006 Farm Rd, Orange, TX 77631 TX - Orange ETI 106.5 GUR QF98-119 regulatory change provision (90 days) 30 days written notice before expiration on 12/15/2019; regulatory Exxon Mobil Carroll Street Park 1795 Burt St, Beaumont, TX 77704 TX - Jefferson ETI 367.2 CRSPRK QF04-63 change provision requiring 90 days notice
SRW Cogen/DuPont Sabine 600 North Dair Ashford, Houston, TX 77070 TX - Harris ETI 505.0 COW QF87-222/223 Expired by its own terms on 1/1/2002 180 days written notice from yearly renewal date of 4/1; regulatory Sabine River Works 2739 FM 1006, Orange, TX 77630 TX - Orange ETI 96.1 COW QF00-49 change provision
Total Petrochemicals/Port Arthur One year written notice from yearly renewal date of 10/1; regulatory Texas Refinery (GEN1) FM 366 & 32nd Street, Port Arthur, TX 77619 TX - Jefferson ETI 38.4 GLFWAY QF87-274 change provision seems to require contract amendments Air Liquide Port Neches/Port Neches Plant (G1) 2121 Park St, Port Neches, TX 77651 TX - Jefferson ETI 38.0 MAGNOL QF93-40 30 days written notice from 3/3; regulatory change provision 6001 Hwy, 366 PO Box 847, Port Neches, TX Texaco 77651 TX - Jefferson ETI 77.2 HUNTS1 QF90-174 No contract IH-10 Southwest at Smith Rd, Beaumont, TX 60 days written notice from yearly renewal date of 8/1; regulatory Goodyear Tire 77705 TX - Jefferson ETI 34.8 GDYRCH QF99-85 change provision 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Nameplate Location by State and Entergy Name Address Capacity Substation Name FERC Docket # Agreement Termination Dates/Provisions County OpCo (MW) 30 days written notice, regulatory change provision (90 days written Viridis 2525 North Loop 336 East, Conroe, TX 77303 TX - Montgomery ETI 2.9 Disconnected QF03-44 notice)
Results of deliverability tests conducted by MISO providing NRIS and ERIS ratings for QFs that have registered as Market Participants (or on whose behalf a Market Participant has registered the QF for MISO market participation) are available on MISO’s website at https://www.misoenergy.org/_layouts/MISO/ECM/Redirect.aspx?ID=178267 (see tab labeled “Southern Region”). 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
CERTIFICATE OF SERVICE
I hereby certify that I will cause to be served the foregoing document upon each person designated on the official service list compiled by the Secretary in this proceeding and on the qualifying facilities identified in Attachment A to this document.
/s/ Megan E. Vetula
Entergy Services, Inc. 101 Constitution Avenue, NW Suite 200-E Washington, DC 20001
Dated: December 5, 2014 Washington, D.C. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Entergy Services, Inc. 101 Constitution Ave., NW Suite 200 East Washington, DC 20001 Tel 202 530 7325 Fax 202 530 7350 [email protected]
Megan E. Vetula Senior Counsel Federal Energy Regulatory Affairs Entergy Services, Inc.
March 27, 2015
Penny S. Murrell, Director Division of Electric Power Regulation - Central Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20009
Re: Entergy Services, Inc., et al., Docket No. QM14-3-000 Response of Entergy Services, Inc., et al. to Second Deficiency Letter
Dear Ms. Murrell:
On September 29, 2014, Entergy Services, Inc. (“ESI”) filed, on behalf of the Entergy Operating Companies,1 an application (“Application”) pursuant to section 292.310 of the Commission’s regulations and section 210(m) of the Public Utility Regulatory Policies Act of 1978 (“PURPA”), seeking to terminate, on a service area-wide basis, Entergy Operating Companies’ obligations under section 292.303(a) of the Commission’s regulations to enter into new contracts or obligations to purchase electric energy from qualifying facilities (“QF”) with net capacities in excess of 20 MW (“Over 20 MW QFs”). ESI filed its Answer to protests and comments filed in the above-referenced proceeding on November 21, 20142 and ESI responded on December 5, 2014 to the First Deficiency
1 The Entergy Operating Companies are Entergy Arkansas, Inc. (“EAI”), Entergy Gulf States Louisiana, L.L.C. (“EGSL”), Entergy Louisiana, LLC (“ELL”), Entergy Mississippi, Inc. (“EMI”), Entergy Texas, Inc. (“ETI”), and Entergy New Orleans, Inc. (“ENOI”). 2 Entergy Svcs., Inc., et al., Motion for Leave to Answer and Answer to Protests of Entergy Services, Inc., et al., Docket No. QM14-3-000 (filed November 21, 2014) (“ESI Answer”). 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Letter dated November 10, 2014.3 ESI hereby responds to the questions in the Second Deficiency Letter dated February 26, 2015, copied below in italics (most internal citations omitted).
1. In response to the Deficiency Letter, Entergy stated that, “[s]ince the time of the initial filing, [Entergy] has continued its efforts to compile the information required by 18 C.F.R. § 292.310(c) through its continued search for and review of records and discussions with personnel throughout the Entergy Operating Companies.”4 Entergy’s statement suggests that its search of potentially affected QFs might not be complete or finalized.
Please provide Entergy’s final list of all potentially affected QFs, whose net capacity is greater than 20 MW, and those whose net capacity is 20 MW and smaller, as required by section 292.310 of the Commission’s regulations. Entergy should include any updates to this list, as necessary, in responding to the questions below.
Please see attached Second Revised Attachment A, which contains the final list of all potentially affected QFs.
2. In providing this final list of all potentially affected QFs, please explain the specific measures and search methods Entergy has employed, beyond confirming an internal records review, to ensure it has identified all potentially affected QFs in accordance with section 292.310(c)(1)-(5) of the Commission’s regulations.
a. What records and resources did Entergy search outside of its internal records to identify potentially affected QFs?
Please see the response to question 2.d. below.
b. How did Entergy search for potentially affected QFs that have not yet been certified?
Please see the response to question 2.d. below.
c. How did Entergy search for QF developers that have pending state avoided cost proceedings?
Please see the response to question 2.d. below.
3 Entergy Svcs., Inc., et al., Deficiency Letter, Docket No. QM14-3-000 (issued November 10, 2014) (“First Deficiency Letter”). 4 Entergy Response to First Deficiency Letter at 8 (Dec. 5, 2014) (emphasis added). 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
d. If Entergy did not conduct a search outside of its internal review of records, please do so, explain the specific measures and search methods Entergy employed, and include any potentially affected QFs found as a result of this outside search in the final list required in response to Question No. 1.
Please see attached Second Revised Attachment A, which contains the final list of all potentially affected QFs.
In its effort to identify all potentially affected QFs, in addition to the internal review described in ESI’s response to the First Deficiency Letter, ESI personnel conducted an extensive external search of records and resources. ESI personnel reviewed all of the QF filings and issuances that could be obtained from FERC’s elibrary or on microfilm in all of the QF dockets identified in Attachment A, Revised Attachment A, and in the Second Deficiency Letter. This review consisted of downloading and printing each QF docket entry for each QF on the final list (where available), including requesting and obtaining copies of the microfilm filings where online files were not already available. This constituted approximately 2,500 pages of records. Once the QF certification filings were obtained, ESI personnel reviewed each one in detail to respond to the Second Deficiency Letter. ESI personnel also performed searches in FERC’s elibrary for QF dockets containing the terms “Entergy,” “EGSL,” “ELL,” EMI,” “EAI,” or “ETI” and reviewed the over 300 results to identify any potentially affected QFs that were not already included.
ESI personnel also reviewed Energy Information Administration (“EIA”) data in an effort to identify any potentially affected QFs that were not already included. This review consisted of downloading 2013 EIA Form 860 – Schedule 3 data, sorting it in Excel to reflect a list consisting of several hundred operable and proposed cogeneration units located in the entirety of Arkansas, Texas, Mississippi, and Louisiana (not just within the Entergy Operating Companies’ footprints) and searching the FERC elibrary’s QF dockets for those generators to identify any that had QF dockets and were interconnected with Entergy Operating Companies.
ESI personnel also sought guidance from Midcontinent Independent System Operator, Inc. personnel on potential sources of records and resources to review.
EMI monitors the general docket of the Mississippi Public Service Commission (“MPSC”) each month and through that process would have awareness of any pending state avoided cost 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
proceedings. There are no such proceedings at this time. Also, pursuant to MPSC Service Rule 29 (entitled “Special Rule for Cogeneration & Small Power Production”), any qualifying facility that wishes to interconnect with an electric utility subject to the MPSC’s jurisdiction necessarily must demonstrate to the utility that it meets the definition of a QF under the rule. Therefore, Entergy Mississippi’s internal records would reflect any qualified QF’s under Rule 29 in its service territory who would potentially be affected in accordance with section 292.310(c)(1)-(5).
ESI personnel consulted the Public Utility Commission of Texas (“PUCT”) website and PUCT staff for assistance in the outside search. A person that owns an electric generating facility in Texas and is either a power generation company (“PGC”) (defined as a person that generates electricity intended to be sold at wholesale and that does not own a transmission or distribution facility in Texas, with some exceptions) or a QF and generates electricity intended to be sold at wholesale, must register as PGC. ESI personnel obtained a list of several hundred PGCs from the PUCT website and contacted the PUCT staff for more information on this list and whether QFs are identified. The PUCT staff advised that while all QFs must register as a PGC, QFs were not identified separately. ESI personnel searched the FERC elibrary QF dockets for each of the generators on the PGC list to identify any that had QF dockets and were interconnected with ETI and were not already included as potentially affected QFs.
It is the general practice of ELL and EGSL to submit agreements that they enter into with QFs to the Louisiana Public Service Commission (“LPSC”) for approval. In addition, when adding cogeneration facilities, QFs often seek an LPSC declaration that such operation will not render them a public utility under Louisiana law. Therefore, in addition to thoroughly searching its internal records, ELL and EGSL performed a search of the Document Access database on the LPSC website for any LPSC Orders that included the terms “QF,” “Qualifying Facility,” “Qualifying Cogeneration Facility,” or “Qualified Facility” to identify any that were not already included as potentially affected QFs.
EAI personnel consulted with Arkansas Public Service Commission (“APSC”) General Staff (“Staff”) to ascertain whether any additional information regarding potential or existing cogeneration customers may be available in APSC records. Section 2.3 of the APSC’s Cogeneration Rules sets forth general requirements for qualification of small power production facilities and cogeneration facilities. Section 2.7 of the APSC’s 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Cogeneration Rules states that a facility that “meets the criteria for qualification set forth in Section 2.3 is a qualifying facility, ipso facto.” (emphasis in original). Recognizing that no specific APSC approval or registration would be required for a cogeneration customer to be considered a qualifying facility, EAI nevertheless confirmed with an APSC General Staff Senior Electrical Engineer that no list of qualifying facilities in Arkansas was maintained by the APSC.
Finally, ESI has caused to be published an advertisement/notice in a number of newspapers across Arkansas, Louisiana, Mississippi and Louisiana with widespread circulation containing the following text: “The Entergy Operating Companies – Entergy Arkansas, Inc.; Entergy Gulf States Louisiana, L.L.C.; Entergy Louisiana, LLC; Entergy Texas, Inc.; Entergy New Orleans, Inc.; and Entergy Mississippi, Inc. have requested to be relieved of their purchase obligation under the Public Utility Regulatory Policies Act of 1978 with respect to Qualifying Facilities with a net capacity over 20 MW effective as of September 29, 2014. If interested, potentially affected Qualifying Facilities should refer to the proceeding at the Federal Energy Regulatory Commission in Docket No. QM14-3-000.” This has been published in newspapers in Louisiana (on March 27, 2015 in the Times Picayune, New Orleans Advocate, Baton Rouge Advocate, Monroe Star, and American Press), Arkansas (on March 25, 2015 in the Arkansas Democrat Gazette), Texas (on March 25, 2015 in the Beaumont Enterprise, Conroe Courier, Huntsville Item, Bryan-College State Eagle, and Houston Chronicle), and Mississippi (on March 27, 2015 in the Clarion Ledger).
Despite these extensive and good faith efforts on the part of multiple ESI personnel across various business units, there remains some information for potentially affected QFs that has not been located. Therefore, ESI hereby renews its request for waiver of 18 C.F.R. § 292.310(c) to the extent necessary.
3. For each potentially affected QF included on the final list, please be sure to identify:
a. The full QF docket number, including the sub-docket of the most recent Commission certification, self-certification or recertification.
Please see Second Revised Attachment A. ESI was not able to locate QF docket numbers for every potentially affected QF included on Second Revised Attachment A. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
b. Only one QF docket per individual facility, or explain why you list multiple docket numbers for each facility.
Please see Second Revised Attachment A. The entry for BASF Corporation, Docket No. QF99-39-000, was deleted because further investigation revealed it is interconnected to CenterPoint Energy, not ETI. In some instances (for example, Exxon Chemical Americas and Exxon Company, U.S.A.; The Dow Chemical Company; and Temple-Inland Forest Products) ESI listed multiple dockets numbers for some facilities because multiple generating units at one site were certified in different QF dockets by the same applicant(s). In other instances (for example, Formosa Plastics Corporation, USA; E. I. du Pont de Nemours and Company; and Air Products LLC), a QF docket number previously used with respect to that QF had been cancelled or withdrawn. In the case of Air Products and Chemicals, Inc., it is unclear why that QF, proposed to be located in Louisiana, filed a certification in the same docket (QF06-31) as the Air Products LLC site in Texas; however, further internal investigation revealed that the Texas site may have been considered for the Air Products and Chemicals, Inc. proposed facility.
c. The applicant name, as found in the most recent Form 556 submission for Commission certification, self-certification or recertification for the QF.
Please see Second Revised Attachment A.
d. The interconnection status, as required by section 292.310(c) of the Commission’s regulations.
Please see Second Revised Attachment A. QFs may obtain NRIS through a FERC-jurisdictional interconnection agreement providing for NRIS or through MISO’s deliverability test (the most recently updated results of which for the Southern Region are attached as Attachment C). To the best of ESI’s knowledge, none of the potentially affected QFs listed on Second Revised Attachment A has the former. (Not all of the QFs have FERC- jurisdictional interconnection agreements with an Entergy Operating Company; those that do are available at https://www.misoenergy.org/Library/Agreements/Pages/Interconne ctionAgreements.aspx.) Thus, all of the potentially affected QFs with FERC-jurisdictional interconnection agreements have ERIS unless during the MISO deliverability study, they were granted a portion of their capacity as NRIS. Based on the MISO deliverability test results, this could include Carville Energy Center, Pine Bluff, Exxon, Dow, RS Cogen, Occidental, and Union 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Carbine to the extent they were granted a portion of their capacity as NRIS. These QFs could be considered interconnected as network resources and are this identified as “NR” in the “Interconnection Status” column on Revised Attachment A. ESI cannot represent whether the QFs that do not have FERC- jurisdictional interconnection agreements could be considered interconnected as energy resources are identified as “Neither” in the “Interconnection Status” column on Revised Attachment A.
4. Please include any facility that appears to be operating as a QF, but for which Entergy cannot identify a docket number.
Please see Second Revised Attachment A, which contains the final list of all potentially affected QFs. As noted in response to question 3.a. above, ESI was not able to locate QF docket numbers for every potentially affected facility included on Second Revised Attachment A.
5. In its December 5, 2014 response to the Deficiency Letter, Entergy excluded from its list of potentially affected QFs in its Revised Attachment A, without any explanation, several QFs that were included in its initial Application. Please explain, for each of those previously identified QFs, why Entergy no longer considers them to be potentially affected QFs, or in the alternative, please include those QFs in your final list of potentially affected QFs.
The potentially affected QFs listed in footnote 10 of the Second Deficiency Response have been included on Second Revised Attachment A with two exceptions. ESSO was deleted because further investigation revealed it to be a duplicative entry referring to the one Exxon Chemical Americas and Exxon Company, U.S.A. site that has QFs self-certified in Docket Nos. QF90-93-000 and QF98-36-000. Crown Paper was deleted because further investigation revealed it to be a duplicative entry (prior owner) referring to the facility self-certified by KPAQ Industries LLC in Docket No. QF91-209-003.
6. Entergy’s Revised Attachment A, in the column labelled “Agreement Termination Dates/Provisions,” identifies “no contract” for several QFs. Please explain what Entergy means by “no contract” in each of these entries. For example, does “no contract” mean that Entergy does not purchase the QF’s output, that there is an open-ended obligation, that there is no relationship whatsoever between Entergy and the QF, or that the QF sells to Entergy on an as-available basis with no defined term limit?
Please see Second Revised Attachment A. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
7. In response to the Deficiency Letter, Entergy listed the nameplate capacity for all potentially affected QFs in Entergy’s Revised Attachment A. The Deficiency Letter specifically requested that Entergy provide each potentially affected QF’s net capacity, as required by section 292.310(c) of the Commission’s regulations. Please provide the maximum net power production capacity (or net capacity) for each potentially affected QF, as stated in each QF’s most recent Form 556 submission for Commission certification, self-certification or recertification. If the facility does not have an assigned QF docket, please explain how you identified that facility’s net capacity.
Please see Second Revised Attachment A. In some instances, identified with an asterisk in the “Net Capacity” column, the most recent QF docket filing could not be obtained or did not identify the facility’s net capacity, or no QF docket could be located for the facility. In these instances, ESI estimated the net capacity according to the following methodology.
The methodology utilized to estimate the net capacity considered a sample of QFs for which both gross nameplate and net capacity information was available from the most recent QF filing. First, a value was calculated for the station service (“SS”) for each QF in the sample as the difference between the QF’s provided gross nameplate capacity value and net capacity value. The resulting SS value was then expressed as a % of the QF’s gross nameplate capacity.
Next, the calculated “SS % of gross capacity” values were sorted from lowest to highest. Because there were what appeared to be outlier values on both the low and high end of the calculated values, the two QFs with the highest values and the two QFs with the lowest values were excluded from the sample. The values from the remaining QFs in the sample were used to determine an “average” or proxy value that could be used to estimate a QF’s SS value by applying the proxy value to the gross nameplate capacity value of QFs for which only a gross nameplate capacity value was available. The resulting estimate of a SS value for a QF could be subtracted from the provided gross nameplate capacity value to create an estimated value for the QFs net capacity.
As shown on the attached spreadsheet (Attachment B), this methodology derived 4.46% as an estimate of the factor to be applied to a gross nameplate capacity value to estimate a SS value. The SS value was then subtracted from the gross capacity to provide the estimate of the net capacity. Stated another way, when only a gross nameplate capacity value was available for a QF, a net capacity value was estimated by multiplying the gross nameplate value by (1 - .0446) = 0.9554 or 95.54%.
8. Commission Staff has identified some QFs that might be potentially affected by Entergy’s Application, in addition to those identified by 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Entergy itself. Please review these identified QFs and explain why these QFs have not been included by Entergy as potentially affected QFs, or include them on Entergy’s final list, if appropriate.
Please see Second Revised Attachment A, which contains the final list of all potentially affected QFs.
ESI respectfully submits that, together with the ESI Response, the response to the First Deficiency Letter, and the instant response to the Second Deficiency Letter, its Application is complete and provides the Commission with the information it needs to conclude that ESI has satisfied the criteria for termination of the mandatory purchase obligation. Thus, ESI respectfully renews its request that the Commission grant the Entergy Operating Companies relief from the PURPA purchase obligation effective September 29, 2014, as described in the Application.
As requested, ESI is providing copies of this response to [email protected] and [email protected], to the service list in QM14-3-000, and to all potentially affected QFs listed on Revised Attachment A.
Please do not hesitate to contact the undersigned should you have any questions concerning this filing. Respectfully submitted,
_/s/ Megan E. Vetula______
Andrea J. Weinstein Megan E. Vetula Entergy Services, Inc. Entergy Services, Inc. VP, Federal Regulatory Affairs 101 Constitution Avenue, N.W. 101 Constitution Ave., N.W. Suite 200 East Suite 200 East Washington, DC 20001 Washington, DC 20001 (202) 530-7300 (202) 530-7342 [email protected] [email protected] Attorney for Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., and Entergy Texas, Inc.
cc: [email protected] [email protected] Service list in QM14-3-000 Potentially affected QFs listed in Second Revised Attachment A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
SECOND REVISED ATTACHMENT A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions Pine Bluff Energy LLC 5301 Fairfield Auxiliary PO, Pine Bluff, AR 71601 AR - Jefferson EAI 226.5 NR PBENGY QF97-61-008 30 days written notice from effective date of termination Two Pine Landfill, 100 Two Pine Drive, North Little Rock, Arkansas WM Renewable Energy, L.L.C. 72117 AR - Pulaski EAI 4.5 Neither LR_PRT QF05-159-001 30 days written notice from effective date of termination
Cross Oil Refining & Marketing, Inc. 484 E. 6th Street, Smackover, AR 71762 AR - Union EAI 3.485 Neither SMKOVR QF98-48-000 90 days written notice from effective date of termination Potlatch Corporation 810 W. Pine Street, Warren, AR 71671 AR - Bradley EAI 14.331* Neither WARNWS QF91-57-000 60 days written notice from yearly renewal date on or about 8/1 Clearwater Paper/Potlatch Corp Arkansas Pulp Substation Cust Acct, McGehee, AR 71654 AR - Desha EAI 19.108* Neither ROHWER QF85-710-000 No contract--EAI does not purchase output Evergreen Packaging Water Wells Nearby Railway, Pine Bluff, AR 71601 AR - Jefferson EAI 85.0306* Neither PBIP unknown No contract--EAI does not purchase output Georgia-Pacific Corporation Highway 82 and Paper Mill Rd, Crosset, AR 71635 AR - Ashley EAI 32.4836* Neither CROSNR QF93-137-000 No contract--EAI does not purchase output International Paper Company PO Box 95, Leola, AR 72084 AR - Grant EAI 2.29296* Neither CZB QF96-13-000 30 days written notice from effective date of termination S-TECS, L.L.C. Park Avenue, Stuttgart, Arkansas AK - Arkansas EAI 17 Neither unknown QF96-66-000 unknown/not applicable/no industrial account with EAI QF90-93-000 (same Exxon Chemical Americas and Exxon applicants and same site as Company, U.S.A. 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 85.3 NR EXXON QF98-36-000) Terminates by its own terms on or before 1/1/2017 QF98-36-000 (same Exxon Chemical Americas and Exxon applicants and same site as Company, U.S.A. 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 422.1 NR EXXON QF90-93-000) Same agreement as above PPG Industries, Inc. (changed to 180 days written notice from yearly renewal date of 12/1; regulatory Eagle US 2, LLC 2/2013) 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 308.21204* Neither PPG QF86-1058-001 change provision with 90 days notice 180 days written notice from yearly renewal date of 5/27; regulatory RS Cogen, L.L.C. 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 448 NR PPG QF00-32-003 change provision with 90 calendar days notice QF82-140-001 and QF82- 142-003 (same applicant and same site as QF02-10- 002; 2 plants (of 3) re- 60 days written notice by seller; agreement is silent regarding utility's The Dow Chemical Company Hwy 1, Addis, LA 70710 LA - Iberville EGSL 617 NR DOWMTR certified together) right to terminate
QF02-10-002 (same applicant and same site as QF82-140-001 and QF82- 142-003; 1 plant (of 3) re- The Dow Chemical Company Hwy 1, Addis, LA 70710 LA - Iberville EGSL 873.9 NR DOWMTR certified separately) Same agreement as above 60 days notice prior to yearly renewal date of 6/17; regulatory change Air Liquide Large Industries U.S. LP 36597 Hwy 30, Geismar, LA 70734 LA - Ascension EGSL 91.888 Neither SOWOOD QF99-91-001 provision with 90 days notice 180 days written notice from effective date of termination; regulatory Shell Chemical LP 7594 Highway 75, Geismar, LA 70734 LA - Ascension EGSL 76.8 Neither WODSTK QF02-31-001 change provision with 90 days notice
QF90-196-002 (previous 60 days written notice from effective date of termination by seller; Formosa Plastics Corporation, USA Gulf States Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 91.2 MW Neither FORMOS docket QF95-271 canceled) agreement is silent regarding utility's right to terminate Georgia-Pacific Consumer 90 days written notice from effective date of termination; regulatory Operations LLC 1000 W. Mt. Pleasant Rd, Zachary, LA 70791 LA - East Baton Rouge EGSL 110.98 Neither REP QF07-135-000 change provision with 90 days notice 60 days written notice from effective date of termination by seller; BASF Corporation 8404 Hwy 75, Geismar, LA 70734 LA - Ascension EGSL 41.19 Neither BELHEL QF98-100-000 agreement is silent regarding utility's right to terminate 60 days written notice from yearly renewal term on or about 2/20; Praxair, Inc. Highway 4451 Hwy 108, Sulphur, LA 70663 LA - Calcasieu EGSL 2.915 Neither ROSE BLUFF QF00-34-001 regulatory change provision Placid Refining Company 1940 Highway 1 North, Port Allen, LA 70767 LA - West Baton Rouge EGSL 38.216* Neither PCD QF84-334-000 One year written notice from yearly renewal term KPAQ Industries LLC 2105 Hwy 964, St. Francisville, LA 70775 LA - West Feliciana EGSL 12.4 Neither CZB QF91-209-003 No contract--EGSL does not purchase output Louisiana Station/Plant 31 Paper Mill 300 GSU Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 69.2665* Neither LST QF83-180-000 Terminates by its own terms on or before 1/1/2017 Louisiana State University and A&M Louisiana State University, Office of Facility Services, Baton Rouge, College LA 70803 LA - East Baton Rouge EGSL 17.1972* Neither LSU QF05-164-000 No contract--EGSL does not purchase output Equistar Chemicals, LP 4101 Highway 108,Westlake, LA 70669 LA - Calcasieu EGSL 30.517 Neither SPH QF11-290-000 No contract--EGSL does not purchase output 90 days written notice from effective date of termination; regulatory Agrilectric Power Partners LTD 3063 Hwy. 397, Lake Charles, LA 70615 LA - Calcasieu EGSL 12.4202* Neither RICE QF83-15-001 change provision with 90 days notice 60 days written notice from effective date of termination; regulatory Carville Energy LLC 4322 Highway 30, Saint Gabriel, LA 70776 LA - Iberville EGSL 523 NR STGABE QF98-83-002 change provision with 90 days notice Lake Charles Cane-Lacassine Mill, Lacassine Feeder 90 days written notice from effective date of termination; regulatory LLC PO Box 229, Lacassine, LA 70650 LA - Jefferson Davis Parish EGSL 6.815 Neither 565LA QF05-130-001 change provision with 90 days notice Pan Energy unknown LA EGSL unknown Neither unknown unknown unknown/not applicable 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions CITGO Petroleum 4401 Hwy 108, Lake Charles, LA 70601 LA - Calcasieu EGSL 62.5 Neither unknown QF00-67-000 unknown/not applicable unknown-- not applicable--ESI understands this project did not come online as Lake Charles Cogeneration LLC CITGO Refinery, 4401 Hwy 108, Westlake, LA, 70669 LA - Calcasieu EGSL 447.4 Neither proposed facility QF05-66-000 proposed unknown/not applicable/ESI understands this project did not come Louisiana Bio Fuels Inc. Mermentau, LA LA - Acaida Parish EGSL 4.4 Neither unknown QF11-214-000 online as proposed
Nelson Industrial Steam Company 3400 Houston River Road, Westlake, LA 70669 LA - Calcasieu EGSL 251 Neither unknown QF86-512-005 unknown/not applicable Uncle Sam TG-2 Cogeneration Facility, 7250 Hwy 44, Uncle Sam, LA Mosaic Fertilizer, LLC 70792 LA - St. James Parish ELL 11 Neither unknown QF87-276-001 30 days' notice termination period by either party Louisiana Sugar Refining, LLC 1230 5th Avenue, Gramercy, LA 70071 LA - St. James ELL 7.025 Neither unknown QF85-128-001 unknown/not applicable
QF06-31-003 (unclear why unknown-- filed in same docket as Seller may terminate by written notice thereof to Company not less Air Products and Chemicals, Inc. 12465 Highway 70 East, Convent, LA 70723 LA - St. James Parish ELL 4.262 Neither proposed facility Port Arthur facility) than 90 days prior to the effective date of such termination Entergy Power Holding USA unknown/not applicable/no industrial account with ELL/ESI Corporation & Occidental Chemical Adjacent to OxyChem chlor-alkali plant located at 7377 Hwy 3214, unknown-- understands there is no plant adjacent to the OxyChem – Convent Corporation Convent, LA 70723 LA - St. James Parish ELL 588 Neither proposed facility QF01-106-000 plant in Convent Seller may terminate by written notice thereof to Company not less Air Products & Chemicals, Inc. Convent ITM Plant, 12465 Hwy 70 East, Convent, LA LA - St. James Parish ELL 4.262 Neither unknown QF11-515-000 than 90 days prior to the effective date of such termination ELL does not purchase output and does not have active accounts with American Sugar Refining, Inc. Chalmette Cane Sugar Refinery, 7417 N. Peters St, Arabi, LA 70032 LA - Saint Bernard ELL 13 Neither QF85-259-001 this QF City of Winnfield or unknown-- not applicable--ESI understands this project did not come online as Wood Products Energy, Inc. 100 Martin Road, Winnfield, LA LA - Winn ELL 2.8 Neither proposed facility QF09-104-000 proposed unknown-- not applicable--ESI understands this project did not come online as Wood Products Energy, Inc. LA Hwy 125, Olla, LA LA - La Salle ELL 21.41 Neither proposed facility QF09-414-000 proposed 90 days written notice from effective date of termination; regulatory CII Carbon, L.L.C. 1920 Pak Tank Road, Sulphur, LA 70665 LA - Calcasieu ELL 20.6 Neither LONSTR QF00-97-000 change provision with 90 days notice 60 days written notice from effective date of termination; regulatory Occidental Chemical Corporation 266 Hwy 3142, Hahnville, LA 70057 LA - St. Charles ELL 812.749 NR HOOKER_E QF00-64-001 change provision with 90 days written notice
Union Carbide Corporation 355 Highway 3142, Hahnville, LA 70057 LA - St. Charles ELL 352.5 NR UNCARB QF96-68-003 30 days written notice from effective date of termination
30 days written notice from effective date of termination by seller; Rain CII Carbon LLC 100 Coke Plant Rd, Chalmette, LA 70043 LA - St. Bernard ELL 18.9 Neither KAISR4 QF83-161-005 agreement is silent regarding utility's right to terminate
30 days written notice from five (5) year renewal term, with the next Georgia Gulf Corporation 26100 Highway 405, Plaquemine, LA 70764 LA - Iberville ELL 261.52 Neither EVRGRN QF96-53-000 renewal term commencing on or about 12/1/2017 Mosaic Fertilizer, LLC 13830 Circa Crossing Drive, Lithia, FL 33547 LA - St. James Parish ELL 14.834 Neither CONVNT QF13-404-000 30 days written notice from effective date of termination Phillips 66 Company 15551 Highway 23, Belle Chasse, LA 70037 LA - Plaquemines Parish ELL 23.903 Neither ALLIAN QF89-308-002 30 days written notice from effective date of termination Orion Refining Corporation 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 104.431 Neither GDHOPE QF02-26-000 No contract--ELL does not purchase output Gaylord Container Corporation 401 Avenue U, Bogalusa, LA 70427 LA - Washington ELL 57.2 Neither CAMLIA QF86-154-004 ELL does not purchase output After initial three-year term ending on 9/28/2017, 90 days written notice from effective date of termination; regulatory change provision CF Industries Nitrogen, LLC 39018 Hwy 3089, Donaldsonville, LA 70347 LA - St. James ELL 36 Neither Bayou Verret QF14-809-000 with 90 days notice 1111 Airline Highway, US 61, Suite Noranda Aluminum 3370 Gramercy, LA 70052 LA - St. James ELL 81.49562* Neither Lutcher unknown No contract--ELL does not purchase output 90 days written notice from effective date of termination; regulatory Evonik Corporation 3606 Highway 44, Garyville, LA 70076 LA - St. John the Baptist ELL 5.041 Neither BellePoint 230kV QF11-359-001 change provision with 90 days notice RockTenn CP 1 Mill Street, Hodge, LA 71247 LA - Jackson ELL 41.17774* Neither JONSB3 unknown ELL does not purchase output
Terminates on 9/26/2017 unless the Louisiana Public Service Commission has extended its Renewable Energy Pilot Program, in which case the Agreement would continue subject to termination rights with 90 days written notice from effective date of termination; Lafourche Sugars LLC 141 Leighton Quarters Rd, Thibodaux, LA 70301 LA - Lafourche Parish ELL 4.31 Neither Thibodaux 230kV QF12-447-000 regulatory change provision with 90 days notice
Valero 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 29.6174* Neither Good Hope unknown ESI understands that generation at this site not operational P.E. Barnes Company 2200 Cole Road, Horn Lake, MS 38637 MS - DeSoto EMI 0.25 Neither HORNLK QF03-125-000 Expires on 6/1/2016 Ergon Refining, Inc. 2611 Haining Road, Vicksburg, MS 39180 MS - Warren EMI 4.657575* Neither HANING ROAD QF94-130-000 Expires on 1/1/2019 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions MS Chemical Corp. 4608 Highway 49 East, Yazoo City, MS 39194 MS - Yazoo EMI 21.0188* Neither MSCHEM QF83-318-000 Expires 6/1/2015 Southwest Jackson Family Clinic 5429 Robinson Road, Jackson, MS 39212 MS - Hinds EMI 0.0324836* Neither JXNROBINSONRD unknown Expires 9/10/2015 Polk, J D 5432 Parsons Rd, Terry MS 39170 MS - Hinds EMI 0.01 Neither unknown unknown unknown/not applicable Robinson, Mark 320 Cedar Ridge Rd, Madison MS 39110 MS - Madison EMI 0.00 Neither unknown unknown unknown/not applicable McComb Sports Park 701 S Magnolia St, McComb, MS 39648 MS - Pike EMI 0.01 Neither unknown unknown unknown/not applicable Central Mississippi Health Services 5429 Robinson Rd Ext, Jackson, MS 39204 MS - Hinds EMI 0.3234 Neither unknown unknown unknown/not applicable CRG Residential 227 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 231 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 235 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 239 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 241 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 243 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 251 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 255 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 335 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 337 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 341 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 343 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 347 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 349 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable Seibert, John 1124 Old Number 3 Road, Utica, MS 39175 MS - Hinds EMI 0.0028 Neither unknown unknown unknown/not applicable Gibson, Dean 260 Crockett Loop E, Southaven, MS MS - DeSoto EMI 0.001832 Neither unknown unknown unknown/not applicable Medical Mall Foundation 2437 Prosperity St., Jackson, MS 39213 MS - Hinds EMI 0.00125 Neither unknown unknown unknown/not applicable Medical Mall Foundation 2439 Prosperity St., Jackson, MS 39213 MS - Hinds EMI 0.001 Neither unknown unknown unknown/not applicable William O'Keefe 4283 Kimbell Rd, Terry, MS 39170 MS - Hinds EMI 0.0055 Neither unknown unknown unknown/not applicable Air Products and Chemicals, Inc. 14700 Intracoastal Drive, New Orleans, LA 70129 LA - Orleans ENOI 9 Neither Gulf Outlet QF84-166-003 ENOI does not purchase put 60 days written notice from yearly renewal term (10/1/1999); Sabine Cogen, LP 1006 Farm Rd, Orange, TX 77631 TX - Orange ETI 116.235 Neither GUR QF98-119-005 regulatory change provision (90 days) 30 days written notice before expiration on 12/15/2019; regulatory Exxon Mobil Oil Corporation 1795 Burt St, Beaumont, TX 77704 TX - Jefferson ETI 478 Neither CRSPRK QF04-63-000 change provision requiring 90 days notice
E.I. du Pont de Nemours and QF87-223-000 (Docket Company 600 North Dair Ashford, Houston, TX 77070 TX - Harris ETI 15.625 Neither COW QF87-222 was withdrawn) Expired by its own terms on 1/1/2002 E.I. du Pont de Nemours and 180 days written notice from yearly renewal date of 4/1; regulatory Company 2739 FM 1006, Orange, TX 77630 TX - Orange ETI 421 Neither COW QF00-49-003 change provision
One year written notice from yearly renewal date of 10/1; regulatory TOTAL PAR LP FM 366 & 32nd Street, Port Arthur, TX 77619 TX - Jefferson ETI 40.356096* Neither GLFWAY QF87-274-005 change provision seems to require contract amendments
Air Liquide Large Industries U.S. LP 2121 Park St, Port Neches, TX 77651 TX - Jefferson ETI 43.229 Neither MAGNOL QF93-40-001 30 days written notice from 3/3; regulatory change provision
Huntsman Petrochemical Corporation, Texas Petrochemicals LP, and Port Neches Fuels, LLC 6001 Hwy, 366 PO Box 847, Port Neches, TX 77651 TX - Jefferson ETI 85 Neither HUNTS1 QF90-174-002 ETI does not purchase put; contract expired in 2004 The Goodyear Tire & Rubber Company Beaumont/East Chemical 60 days written notice from yearly renewal date of 8/1; regulatory Plant IH-10 Southwest at Smith Rd, Beaumont, TX 77705 TX - Jefferson ETI 18.835 Neither GDYRCH QF99-85-000 change provision
Disconnected-- electric power production activity terminated 30 days written notice, regulatory change provision (90 days written TX LFG Energy, LP 2525 North Loop 336 East, Conroe, TX 77303 TX - Montgomery ETI 2.555 Neither 4/10/2012 QF03-44-005 notice) application does not BASF Corporation 602 Copper Road, Freeport, TX 77541 TX - Brazoria say 49 Neither unknown QF89-282-000 unknown/not applicable/no industrial account with ETI BASF Corporation Route 366 and 73, Port Arthur, TX 77640 TX - Jefferson ETI 75.02 Neither VFWPRK QF01-6-002 unknown/not applicable/no industrial account with ETI 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions QF06-31-002/ QF99-84- 000 (originally self-certified in QF99-84-000 as 2 separate QFs but relinquished QF99-84-000 in 9/27/2011 filing in QF06- one year written notice from yearly renewal date; regulatory change Air Products LLC 1801 South Gulfway Dr, Port Arthur, TX 77640 TX - Jefferson ETI 162.038 Neither SALTGR 31-002) provision (90 days written notice)
Motiva Enterprises LLC (Port Arthur 6 months written notice from yearly renewal date of April 1; regulatory Refinery-Crude Expansion Project) 2815 Coke Dock Road, Post Arthur, TX 77640 TX - Jefferson ETI 156 Neither STHSID QF09-524-000 change provision Orion Engineered Carbons LLC 7702 FM 1960 Rd E, Humble, TX 77346 TX - Orange ETI 11.9 Neither PHILBK QF84-180-004 60 days written notice Temple-Inland Forest Products QF94-76-000 (same site as Corporation Hwy 105, Evadale, TX 77615 TX - Jasper ETI 30.6 Neither unknown QF84-389-001) unknown/not applicable Temple-Inland Forest Products QF84-389-001 (same site Corporation Hwy 105, Evadale, TX TX - Jasper ETI 48.2 Neither unknown as QF94-76-000) unknown/not applicable ETI to purchase put; interconnected with Jasper Newton Electric unknown-- Texas Specialty Chemicals, Inc. McCurley Avenue, Buna, TX TX - Jasper Cooperative 20 Neither proposed facility QF04-89-000 unknown/not applicable/no industrial account with ETI unknown-- BioFuels Power Corporation 9390 Forest Lane, Conroe, TX 77380 TX - Montgomery ETI 7.8 Neither proposed facility QF08-388-000 unknown/not applicable/no industrial account with ETI unknown-- BioFuels Power Corporation 9390 Forest Lane, Conroe, TX 77380 TX - Montgomery ETI 1.1 Neither proposed facility QF07-208-000 unknown/not applicable/no industrial account with ETI David Barton 20153 Hill Top Ranch Drive, Conroe, TX 77316 TX - Montgomery ETI 0.008 Neither solar panel array QF10-647-000 unknown/not applicable Port Arthur Steam Energy LP and 30 days written notice, regulatory change provision (90 days written Great Lakes Carbon, LLC 2815 Coke Dock Road, Post Arthur, TX 77640 TX - Jefferson ETI 3 Neither unknown QF80-6-003 notice) MeadWestvaco Texas LP Highway 105 South, Evadale, TX 77615 TX - Jasper ETI 60 Neither unknown QF06-84-000 unknown/not applicable Joanne Fong 11 West Isle Place, The Woodlands, TX 77381 TX - Montgomery ETI 0.00385 Neither solar PV QF09-530-000 unknown/not applicable Renee and Greg Fricano 3599 Griffin Rd, Kountze, TX 77625 TX - Hardin ETI 1.4 MW/month Neither QF09-493-000 unknown/not applicable
Ronald L. Perkins 4905 Evergreen Forest Lane, Navasota, TX 77868 TX - Grimes ETI 0.0051 Neither residential solar PV QF09-383-000 unknown/not applicable
Bruce Raymond Drury 3555 Long Ave., Beaumont, TX 77706 TX - Jefferson ETI 0.01 Neither residential solar PV QF09-483-000 unknown/not applicable John Paul Buffamante 2020 Northampton Drive, Conroe, TX 77303 TX - Montgomery ETI 0.0018 Neither solar PV QF09-121-000 unknown/not applicable Diamond M Cattle & Exotics L.P. 7051 Patillo Road, Beaumont, TX 77705 TX - Jefferson ETI 0.01 Neither solar PV QF08-118-001 unknown/not applicable John Yearwood 4885 Edgewood Lane, Beaumont, TX 77706 TX - Orange ETI 0.00282 Neither solar QF09-82-000 unknown/not applicable Johnny Hatfield 1757 Fay Dr., Conroe, TX 77304 TX - Montgomery ETI 0.0045 Neither solar panels QF10-263-000 unknown/not applicable Scott Smith 3018 Vernon, Nederland, TX 77627 TX - Montgomery ETI 0.01026 Neither solar panels QF10-260-000 unknown/not applicable Doug Hackradt 12066 Willow Ridge Cir., Conroe, TX 77304 TX - Montgomery ETI 0.002 Neither solar panels QF10-247-000 unknown/not applicable Horace Wright 3896 CR 324, Navasota, TX 77868 TX - Grimes ETI 0.0024 Neither wind QF10-188-000 unknown/not applicable Paul Warren 326 Peach Island Road, Trinity, TX 77375 TX - Trinity ETI 0.0085 Neither solar PV QF10-282-000 unknown/not applicable Scott Richard Reeves 17006 Gleneagles Dr. S., Conroe, TX 77385 TX - Montgomery ETI <0.005 Neither solar panels QF06-297-000 unknown/not applicable Dallas K. Higgins 1609 N. 27th St., Nederland, TX 77627-5601 TX - Galveston ETI 0.4-0.7/month Neither wind QF10-317-000 unknown/not applicable 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
ATTACHMENT B 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
(A) (B) (C) where C=A-B (C / A) Station Service SS % of Gross Applicant OpCo Gross Capacity (KW) Net Capacity (KW) QF Docket (KW) Capacity Phillips 66 Company ELL 24,000 23,903 QF89-308-002 97 0.40% Orion Refining Corporation ELL 104,431 102,780 QF02-26-000 1,651 1.58% Georgia Gulf Corporation ELL 266,520 261,520 QF96-53-000 5,000 1.88% Union Carbide Corporation ELL 360,900 352,500 QF96-68-001 8,400 2.33% Pine Bluff Energy LLC EAI 231,900 226,500 QF97-61-008 5,400 2.33% Sabine Cogen, LP ETI 119,904 116,235 QF98-119-005 3,669 3.06% Air Liquide Large Industries U.S. LP EGSL 95,259 91,888 QF99-91-001 3,371 3.54% Shell Chemical LP EGSL 80,300 76,800 QF02-31-001 3,500 4.36% WM Renewable Energy, L.L.C. EAI 4,800 4,500 QF05-159-001 300 6.25% Mosaic Fertilizer ELL 16,000 14,834 QF13-404-000 1,166 7.29% Lake Charles Cane-Lacassine Mill, LLC EGSL 7,500 6,815 QF05-130-001 685 9.13% Rain CII Carbon LLC ELL 23,000 18,900 QF83-161-005 4,100 17.83% KPAQ Industries LLC EGSL 17,400 12,400 QF91-209-003 5,000 28.74%
= Indicates QF with outlier value for Station Service (SS) as % of gross capacity. = Exclude two highest and two lowest values (outliers) from QF sample for calculation of average % SS values
4.46% = Average value for above QF Sample (excluding outliers) of Station Sevice expressed as % of gross capacity 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
ATTACHMENT C 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Southern Region Interconnection Service Time of Last Update: 02/13/2015 Total Interconnection Combined NRIS CPNode Plant Name Service/Registered NRIS ERIS Cycle Name (Local) Amount CLEC.ACA11 Acadia CLEC.CC.ACAPB1 169.0 169.0 0.0 0.0 CLEC.ACA12 Acadia CLEC.CC.ACAPB1 169.0 169.0 0.0 0.0 CLEC.ACA13 Acadia CLEC.CC.ACAPB1 224.0 224.0 0.0 0.0 EES.ACAD2_CT1 Acadia Power Station EES.CC.ACAD2 198.0 171.7 8.0 18.3 EES.ACAD2_CT2 Acadia Power Station EES.CC.ACAD2 198.0 171.7 8.0 18.3 EES.ACAD2_ST Acadia Power Station EES.CC.ACAD2 265.0 229.8 10.7 24.5 EES.G_ANDRUS1 Andrus 1 740.0 662.8 77.2 0.0 EAI.ANO1 Ano 1 937.0 937.0 0.0 0.0 EAI.ANO2 Ano 2 1073.0 1073.0 0.0 0.0 EES.ATTALA1 Attala 551.2 529.4 0.0 21.8 EES.SABINECO Bayer/Sabine Cogen 56.0 28.2 0.0 27.8 LAGN.BYCT1 BayouCove 80.0 76.2 3.8 0.0 LAGN.BYCT2 BayouCove 80.0 76.2 3.8 0.0 LAGN.BYCT3 BayouCove 80.0 76.2 3.8 0.0 LAGN.BYCT4 BayouCove 80.0 76.2 3.8 0.0 LAGN.BC1T_3 Big Cajun 132.8 124.2 0.0 8.6 LAGN.BC1T_4 Big Cajun 132.8 124.2 0.0 8.6 LAGN.BC2_1 Big Cajun 593.0 593.0 0.0 0.0 LAGN.BC2_2 Big Cajun 575.0 575.0 0.0 0.0 LAGN.BC2_3 Big Cajun 588.0 588.0 0.0 0.0 LAGN.BCI_1 Big Cajun 110.0 110.0 0.0 0.0 LAGN.BCI_2 Big Cajun 110.0 110.0 0.0 0.0 EAI.BLAKELY1 Blakely Mountain 43.0 42.0 1.0 0.0 EAI.BLAKELY2 Blakely Mountain 43.0 42.0 1.0 0.0 EES.BURAS8_CT Buras 14.0 14.0 0.0 0.0 EAI.CARPEN1 Carpenter (AR) 31.0 28.7 0.8 1.5 EAI.CARPEN2 Carpenter (AR) 31.0 28.7 0.8 1.5 EES.CARV_A_CT Carville Energy LLC EES.CC.CARV_A 170.0 170.0 0.0 0.0 EES.CARV_A_ST Carville Energy LLC EES.CC.CARV_A 15.0 15.0 0.0 0.0 EES.CARV_BC_CT Carville Energy LLC EES.CC.CARV_BC 170.0 170.0 0.0 0.0 EES.CARV_BC_ST Carville Energy LLC EES.CC.CARV_BC 130.0 130.0 0.0 0.0 EES.CONC Conoco SRW Cogen 490.0 190.1 0.0 299.9 LAGN.CTW1 Cottonwood 331.8 324.4 0.0 7.4 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
LAGN.CTW2 Cottonwood 331.8 324.4 0.0 7.4 LAGN.CTW3 Cottonwood 331.8 324.4 0.0 7.4 LAGN.CTW4 Cottonwood 331.8 324.4 0.0 7.4 CLEC.CPS6 Coughlin Power Station 6 CLEC.CC.CPS6 169.0 144.3 7.3 17.4 CLEC.CPS6ST Coughlin Power Station 6 CLEC.CC.CPS6 85.0 85.0 0.0 0.0 CLEC.CPS71 Coughlin Power Station 7 CLEC.CC.CPS7 163.2 139.5 23.7 0.0 CLEC.CPS72 Coughlin Power Station 7 CLEC.CC.CPS7 163.2 139.5 23.7 0.0 CLEC.CPS7ST Coughlin Power Station 7 CLEC.CC.CPS7 194.6 191.4 3.2 0.0 EES.CYPRESS1CT Cypress Peaking Power Facility 75.0 75.0 0.0 0.0 EES.CYPRESS2CT Cypress Peaking Power Facility 75.0 75.0 0.0 0.0 CLEC.HUNTER3 D G Hunter 50.0 45.9 2.3 1.9 CLEC.HUNTER4 D G Hunter 80.0 73.4 3.6 3.0 EAI.DEGRAY1 Degray 46.0 9.0 37.0 0.0 EAI.DEGRAY2 Degray 32.0 6.3 25.7 0.0 EES.ENCO Enco 50.0 39.6 0.0 10.4 EES.EXXOBMT Exxon 300.0 300.0 0.0 0.0 EES.G_GULF_A Grand Gulf 1 500.3 491.9 0.0 8.4 EES.G_GULF_L Grand Gulf 1 194.5 191.3 0.0 3.2 EES.G_GULF_M Grand Gulf 1 458.6 450.9 0.0 7.7 EES.G_GULF_N Grand Gulf 1 236.2 232.2 0.0 4.0 SME.GRANDGULF Grand Gulf 1 143.0 143.0 0.0 0.0 EES.HEND_4_8 Greenwood 9.1 9.1 0.0 0.0 EES.HEND_9_11 Greenwood 4.1 4.1 0.0 0.0 EES.HEND1 Greenwood 25.1 25.1 0.0 0.0 EES.HEND2 Greenwood 18.6 18.6 0.0 0.0 LAFA.HARGIS1 Hargis Hebert Generating Station 48.0 45.5 2.5 0.0 LAFA.HARGIS2 Hargis Hebert Generating Station 48.0 45.5 2.5 0.0 EES.HINDS1_CT1 Hinds 1 EES.CC.HINDS1 176.6 158.3 0.0 18.3 EES.HINDS1_CT2 Hinds 1 EES.CC.HINDS1 176.6 158.3 0.0 18.3 EES.HINDS1_ST Hinds 1 EES.CC.HINDS1 198.0 177.5 0.0 20.5 EAI.H_SPR1_CT1 Hot Springs EAI.CC.HT_SPR1 162.6 156.7 5.9 0.0 EAI.H_SPR1_CT2 Hot Springs EAI.CC.HT_SPR1 162.6 156.7 5.9 0.0 EAI.H_SPR1_ST Hot Springs EAI.CC.HT_SPR1 317.0 305.5 11.5 0.0 LEPA.HOUMA_G14 Houma 12.0 11.8 0.0 0.3 LEPA.HOUMA_G15 Houma 25.0 24.5 0.0 0.5 LEPA.HOUMA_G16 Houma 40.0 39.2 0.0 0.8 EAI.INDEPEND1 Independence Steam Electric Station 836.0 836.0 0.0 0.0 EAI.INDEPEND2 Independence Steam Electric Station 842.0 842.0 0.0 0.0 EAI.CWL_A Jonesboro 19.0 19.0 0.0 0.0 EAI.CWL_B Jonesboro 19.0 19.0 0.0 0.0 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
EAI.CWL_C Jonesboro 43.0 43.0 0.0 0.0 EAI.CWL_D Jonesboro 44.0 44.0 0.0 0.0 EAI.CWL_E Jonesboro 44.0 44.0 0.0 0.0 EES.ESSO La Station 50.0 50.0 0.0 0.0 EES.EXXON La Station 50.0 50.0 0.0 0.0 EAI.LK_CATH4 Lake Catherine 547.0 538.8 8.2 0.0 EES.L_CREEK1 Lewis Creek 260.0 260.0 0.0 0.0 EES.L_CREEK2 Lewis Creek 260.0 260.0 0.0 0.0 EAI.AECCHYDRO2 Lock and Dam 102.6 90.9 11.1 0.6 EAI.AECCHYDRO9 Lock and Dam 32.4 32.4 0.0 0.0 LAFA.BONIN2 Louis Doc Bonin 68.0 43.5 24.5 0.0 LAFA.BONIN3 Louis Doc Bonin 103.0 103.0 0.0 0.0 SME.BATESV_3 Ls Batesville 3 279.0 271.0 6.3 1.7 SME.BATESV_1 LS Power Batesville 279.0 246.3 0.0 32.7 SME.BATESV_2 LS Power Batesville 279.0 246.3 0.0 32.7 EAI.MABELV1_CT Mabelvale 18.0 18.0 0.0 0.0 EAI.MABELV3_CT Mabelvale 16.0 16.0 0.0 0.0 CLEC.MPS3 MADISON 3 628.0 621.0 2.1 5.0 EES.MICHOUD2 Michoud 235.0 235.0 0.0 0.0 EES.MICHOUD3 Michoud 540.0 540.0 0.0 0.0 LEPA.MRGCTY_G3 Morgan City 18.0 15.4 0.5 2.1 LEPA.MRGCTY_G4 Morgan City 33.0 28.3 0.8 3.9 SME.MOS_3 Moselle 59.0 54.7 4.3 0.0 SME.MOS_4 Moselle 83.0 69.5 5.5 8.0 SME.MOS_5 Moselle 83.0 69.5 5.5 8.0 SME.MOS_CTG_1 Moselle SME.CC.Mos_CC1 83.0 69.5 5.5 8.0 SME.MOS_CTG_2 Moselle SME.CC.Mos_CC2 83.0 69.5 5.5 8.0 SME.MOS_STG_1 Moselle SME.CC.Mos_CC1 59.0 54.7 4.3 0.0 SME.MOS_STG_2 Moselle SME.CC.Mos_CC2 59.0 54.7 4.3 0.0 LEPA.MURRAY Murray (1/2) 13.5 9.3 0.0 4.2 EES.VIDALIA Murray (2/2) 101.5 101.5 0.0 0.0 EES.NINEM6_CT1 Nine Mile EES.CC.NINEM6 179.0 177.4 1.6 0.0 EES.NINEM6_CT2 Nine Mile EES.CC.NINEM6 179.0 177.4 1.6 0.0 EES.NINEM6_ST Nine Mile EES.CC.NINEM6 212.0 212.0 0.0 0.0 EES.NINEMILE3 Nine Mile 128.0 126.9 1.1 0.0 EES.NINEMILE4 Nine Mile 734.0 734.0 0.0 0.0 EES.NINEMILE5 Nine Mile 740.0 740.0 0.0 0.0 EES.OUACHITA1 Ouachita Power LLC 267.0 267.0 0.0 0.0 EES.OUACHITA2 Ouachita Power LLC 267.0 267.0 0.0 0.0 EES.OUACHITA3 Ouachita Power LLC 267.0 267.0 0.0 0.0 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
EAI.PBENRGY_CT PB Energy 1 (pine bluff) EAI.CC.PBENRGY 180.0 18.8 0.0 161.2 EAI.PBENRGY_ST PB Energy 2 (pine bluff) EAI.CC.PBENRGY 52.0 5.2 0.0 46.8 EES.SAN_JC1_CT Pelican Road 75.0 75.0 0.0 0.0 EES.SAN_JC2_CT Pelican Road 75.0 75.0 0.0 0.0 EES.PERVL1 Perryville Power Station 555.0 555.0 0.0 0.0 EES.PERVL2_CT Perryville Power Station 180.0 180.0 0.0 0.0 LEPA.PLAQ_G1 Plaquemine Cogeneration Plant 18.0 18.0 0.0 0.0 LEPA.PLAQ_G2 Plaquemine Cogeneration Plant 20.0 20.0 0.0 0.0 EES.DOWCHEM Plaquemine Cogeneration Plant 900.0 815.4 0.0 84.6 EAI.Plum_1C Plumpoint 40.0 40.0 0.0 0.0 EAI.Plum_PPEA Plumpoint 79.0 79.0 0.0 0.0 EAI.Plum1A_TEA Plumpoint 248.9 248.9 0.0 0.0 EDE.PLUM Plumpoint 100.0 100.0 0.0 0.0 SME.PLUMPOINT Plumpoint 202.0 202.0 0.0 0.0 SME.MORROW_1 R D Morrow 200.0 185.4 14.7 0.0 SME.MORROW_2 R D Morrow 200.0 185.4 14.7 0.0 EES.NELSON1 R S Nelson 112.0 112.0 0.0 0.0 EES.NELSON2 R S Nelson 112.0 112.0 0.0 0.0 EES.NELSON4 R S Nelson 500.0 484.8 0.0 15.2 EES.NELSON6 R S Nelson 550.0 550.0 0.0 0.0 EAI.REMMEL123 Remmel 12.0 8.0 3.0 1.0 CLEC.RPS2 Rodemacher 148.0 146.5 1.1 0.4 CLEC.RPS2.LAFA Rodemacher 246.0 243.6 1.8 0.7 CLEC.RPS2.LEPA Rodemacher 101.0 100.0 0.7 0.3 EES.AXIALL RS Cogen 360.0 360.0 0.0 0.0 EES.EWOM_RS RS Cogen 235.0 151.9 0.0 83.1 EES.SABINE1 Sabine 212.0 212.0 0.0 0.0 EES.SABINE2 Sabine 212.0 212.0 0.0 0.0 EES.SABINE3 Sabine 420.0 418.3 0.0 1.7 EES.SABINE4 Sabine 530.0 529.0 0.0 1.0 EES.SABINE5 Sabine 470.0 470.0 0.0 0.0 SME.SLVRCRK_1 Silver Creek 83.0 69.5 5.5 8.0 SME.SLVRCRK_2 Silver Creek 83.0 69.5 5.5 8.0 SME.SLVRCRK_3 Silver Creek 83.0 69.5 5.5 8.0 LAGN.STET1 Sterlington Power 24.0 24.0 0.0 0.0 LAGN.STET10 Sterlington Power 16.0 16.0 0.0 0.0 LAGN.STET2 Sterlington Power 22.0 22.0 0.0 0.0 LAGN.STET3 Sterlington Power 22.0 22.0 0.0 0.0 LAGN.STET4 Sterlington Power 23.0 23.0 0.0 0.0 LAGN.STET6 Sterlington Power 18.0 18.0 0.0 0.0 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
LAGN.STET7 Sterlington Power 18.0 18.0 0.0 0.0 LAGN.STET8 Sterlington Power 18.0 18.0 0.0 0.0 LAGN.STET9 Sterlington Power 16.0 16.0 0.0 0.0 EES.STERL7 Sterlington Power LLC 186.0 186.0 0.0 0.0 SME.SYLV_1 Sylvarena Smith County 45.0 39.9 3.1 2.0 SME.SYLV_2 Sylvarena Smith County 45.0 39.9 3.1 2.0 SME.SYLV_3 Sylvarena Smith County 45.0 39.9 3.1 2.0 LAFA.LABBE1 T J Labbe Electric Generating 48.0 45.5 2.5 0.0 LAFA.LABBE2 T J Labbe Electric Generating 48.0 45.5 2.5 0.0 EES.TAFTCOGEN TaftCoGen 865.8 759.9 0.0 105.9 CLEC.TPS1 Teche 18.0 18.0 0.0 0.0 CLEC.TPS3 Teche 342.0 317.7 24.3 0.0 CLEC.TPS4 Teche 34.0 34.0 0.0 0.0 EES.FRONT_TX1 Tenaska Frontier Generation St 150.0 150.0 0.0 0.0 EES.FRONT_TX2 Tenaska Frontier Generation St 150.0 150.0 0.0 0.0 EES.FRONT_TX3 Tenaska Frontier Generation St 530.0 478.5 0.0 51.5 EES.TLD_CLECO1 Toledo 20.0 0.4 0.0 19.6 EES.TLD_CLECO2 Toledo 20.0 0.5 0.0 19.5 EES.TOL_BEND1 Toledo 34.5 34.5 0.0 0.0 EES.TOL_BEND2 Toledo 34.5 34.5 0.0 0.0 EAI.AECCMGVCT1 Tractbel EAI.CC.AECCMGV 203.0 203.0 0.0 0.0 EAI.AECCMGVCT2 Tractbel EAI.CC.AECCMGV 203.0 203.0 0.0 0.0 EAI.AECCMGVMST Tractbel EAI.CC.AECCMGV 254.0 254.0 0.0 0.0 EES.UCB Union Carbide 75.0 75.0 0.0 0.0 EAI.PUPP_2A Union Power Station EAI.CC.PUPP_2 145.0 145.0 0.0 0.0 EAI.PUPP_2B Union Power Station EAI.CC.PUPP_2 145.0 145.0 0.0 0.0 EAI.PUPP_2C Union Power Station EAI.CC.PUPP_2 205.0 205.0 0.0 0.0 EAI.PUPP_3A Union Power Station EAI.CC.PUPP_3 145.0 93.3 0.0 51.7 EAI.PUPP_3B Union Power Station EAI.CC.PUPP_3 145.0 93.3 0.0 51.7 EAI.PUPP_3C Union Power Station EAI.CC.PUPP_3 205.0 131.9 0.0 73.2 EAI.PUPP_4A Union Power Station EAI.CC.PUPP_4 145.0 93.3 0.0 51.7 EAI.PUPP_4B Union Power Station EAI.CC.PUPP_4 145.0 93.3 0.0 51.7 EAI.PUPP_4C Union Power Station EAI.CC.PUPP_4 205.0 131.8 0.0 73.2 EAI.PUPP1_CT1 Union Power Station EAI.CC.PUPP1 145.0 145.0 0.0 0.0 EAI.PUPP1_CT2 Union Power Station EAI.CC.PUPP1 145.0 145.0 0.0 0.0 EAI.PUPP1_ST Union Power Station EAI.CC.PUPP1 205.0 205.0 0.0 0.0 EES.WATRFD1 Waterford (LA) 411.0 379.3 0.0 31.7 EES.WATRFD2 Waterford (LA) 411.0 379.3 0.0 31.7 EES.WATRFD3 Waterford (LA) 1214.0 1120.4 0.0 93.6 EES.WATRFD4_CT Waterford (LA) 41.0 37.9 0.0 3.1 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
EAI.WH_BLUFF1 White Bluff 815.0 815.0 0.0 0.0 EAI.WH_BLUFF2 White Bluff 844.0 844.0 0.0 0.0 EES.W_GLEN2 Willow Glen 207.0 207.0 0.0 0.0 EES.W_GLEN4 Willow Glen 540.0 540.0 0.0 0.0 EAI.AECCWRTCT1 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT2 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT3 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT4 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT5 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT6 Wright (MS) EAI.CC.AECCWRT 47.5 47.5 0.0 0.0 EAI.AECCWRTCT7 Wright (MS) EAI.CC.AECCWRT 73.0 73.0 0.0 0.0 EAI.AECCWRTST1 Wright (MS) EAI.CC.AECCWRT 95.0 95.0 0.0 0.0 EAI.AECCWRTST2 Wright (MS) EAI.CC.AECCWRT 95.0 95.0 0.0 0.0 CLEC.DPS 319.0 319.0 0.0 0.0 CLEC.NPS1 422.0 419.4 2.0 0.6 EAI.AECCBAILEY 122.0 122.0 0.0 0.0 EAI.AECCMCCLLN 134.0 134.0 0.0 0.0 EES.B_WILSON1 520.0 156.2 350.1 13.7 EES.B_WILSON2 733.0 731.3 0.0 1.7 EES.CALCAS1_CT 175.0 170.0 0.0 5.0 EES.CALCAS2_CT 175.0 170.0 0.0 5.0 EES.L_GYPSY1 250.0 250.0 0.0 0.0 EES.L_GYPSY2 410.0 393.4 16.6 0.0 EES.L_GYPSY3 535.0 535.0 0.0 0.0 EES.LONSTR1 28.0 28.0 0.0 0.0 EES.RICE1 8.5 8.5 0.0 0.0 EES.RVRBEND1 1080.0 1050.4 0.0 29.6 EES.RX_BRN3 72.0 69.3 0.0 2.7 EES.RX_BRN4 220.0 211.8 0.0 8.2 EES.RX_BRN5_CT 10.0 10.0 0.0 0.0 EES.SAM_DAM_12 52.0 52.0 0.0 0.0 EES.WRPP1 47.0 47.0 0.0 0.0 MPS.CROSSROAD1 75.0 59.6 15.4 0.0 MPS.CROSSROAD2 75.0 59.6 15.4 0.0 MPS.CROSSROAD3 75.0 59.6 15.4 0.0 MPS.CROSSROAD4 75.0 59.6 15.4 0.0 SME.BENN_GT 16.0 16.0 0.0 0.0 SME.PAULDING 20.0 18.5 1.5 0.0 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
CERTIFICATE OF SERVICE
I hereby certify that I will cause to be served the foregoing document upon each person designated on the official service list compiled by the Secretary in this proceeding and on the qualifying facilities identified in Attachment A to this document.
/s/ Megan E. Vetula
Entergy Services, Inc. 101 Constitution Avenue, NW Suite 200-E Washington, DC 20001
Dated: March 27, 2015 Washington, D.C. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
Entergy Services, Inc. 101 Constitution Ave., NW Suite 200 East Washington, DC 20001 Tel 202 530 7325 Fax 202 530 7350 [email protected]
Megan E. Vetula Senior Counsel Federal Energy Regulatory Affairs Entergy Services, Inc.
March 30, 2015
Penny S. Murrell, Director Division of Electric Power Regulation - Central Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20009
Re: Entergy Services, Inc., et al., Docket No. QM14-3-000 Supplement to Response of Entergy Services, Inc., et al. to Second Deficiency Letter
Dear Ms. Murrell:
On September 29, 2014, Entergy Services, Inc. (“ESI”) filed, on behalf of the Entergy Operating Companies,1 an application (“Application”) pursuant to section 292.310 of the Commission’s regulations and section 210(m) of the Public Utility Regulatory Policies Act of 1978 (“PURPA”), seeking to terminate, on a service area-wide basis, Entergy Operating Companies’ obligations under section 292.303(a) of the Commission’s regulations to enter into new contracts or obligations to purchase electric energy from qualifying facilities (“QF”) with net capacities in excess of 20 MW (“Over 20 MW QFs”). ESI filed its Answer to protests and comments filed in the above-referenced proceeding on November 21, 20142 and ESI responded on December 5, 2014 to the First Deficiency Letter dated November 10, 2014.3 ESI hereby supplements its March 27, 2015 response to
1 The Entergy Operating Companies are Entergy Arkansas, Inc. (“EAI”), Entergy Gulf States Louisiana, L.L.C. (“EGSL”), Entergy Louisiana, LLC (“ELL”), Entergy Mississippi, Inc. (“EMI”), Entergy Texas, Inc. (“ETI”), and Entergy New Orleans, Inc. (“ENOI”). 2 Entergy Svcs., Inc., et al., Motion for Leave to Answer and Answer to Protests of Entergy Services, Inc., et al., Docket No. QM14-3-000 (filed November 21, 2014) (“ESI Answer”). 3 Entergy Svcs., Inc., et al., Deficiency Letter, Docket No. QM14-3-000 (issued November 10, 2014) (“First Deficiency Letter”). 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
the Second Deficiency Letter dated February 26, 2015 by providing a new copy of Second Revised Attachment A, containing all potentially affected QFs.
The March 27, 2015 version of Second Revised Attachment A contained TX LFG Energy, LP, Docket No. QF03-44-005. ESI hereby supplements Second Revised Attachment A to contain an additional entry for TX LFG Energy, LP, Docket No. QF03- 43-007. Due to internal mail routing, counsel for ESI received service copies of two recent self-certifications filed by TX LFG Energy, LP in Docket No. QF03-43 after the filing of ESI’s Second Deficiency Response. The self-certifications state that the project is interconnected to Sam Houston Electric Cooperative and that ESI on behalf of ELL will purchase the output. (Earlier filings in QF03-43 did not identify ESI or ELL as a purchaser.)
ESI respectfully submits that, together with the ESI Response, the response to the First Deficiency Letter, and the instant response to the Second Deficiency Letter as herein supplemented, its Application is complete and provides the Commission with the information it needs to conclude that ESI has satisfied the criteria for termination of the mandatory purchase obligation. Thus, ESI respectfully renews its request that the Commission grant the Entergy Operating Companies relief from the PURPA purchase obligation effective September 29, 2014, as described in the Application.
As requested, ESI is providing copies of this response to [email protected] and [email protected], to the service list in QM14-3- 000, and to all potentially affected QFs listed on Revised Attachment A.
Please do not hesitate to contact the undersigned should you have any questions concerning this filing.
Respectfully submitted,
_/s/ Megan E. Vetula______
Andrea J. Weinstein Megan E. Vetula Entergy Services, Inc. Entergy Services, Inc. VP, Federal Regulatory Affairs 101 Constitution Avenue, N.W. 101 Constitution Ave., N.W. Suite 200 East Suite 200 East Washington, DC 20001 Washington, DC 20001 (202) 530-7300 (202) 530-7342 [email protected] [email protected] Attorney for Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., and Entergy Texas, Inc. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
cc: [email protected] [email protected] Service list in QM14-3-000 Potentially affected QFs listed in Second Revised Attachment A 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions Pine Bluff Energy LLC 5301 Fairfield Auxiliary PO, Pine Bluff, AR 71601 AR - Jefferson EAI 226.5 NR PBENGY QF97-61-008 30 days written notice from effective date of termination Two Pine Landfill, 100 Two Pine Drive, North Little Rock, Arkansas WM Renewable Energy, L.L.C. 72117 AR - Pulaski EAI 4.5 Neither LR_PRT QF05-159-001 30 days written notice from effective date of termination
Cross Oil Refining & Marketing, Inc. 484 E. 6th Street, Smackover, AR 71762 AR - Union EAI 3.485 Neither SMKOVR QF98-48-000 90 days written notice from effective date of termination Potlatch Corporation 810 W. Pine Street, Warren, AR 71671 AR - Bradley EAI 14.331* Neither WARNWS QF91-57-000 60 days written notice from yearly renewal date on or about 8/1 Clearwater Paper/Potlatch Corp Arkansas Pulp Substation Cust Acct, McGehee, AR 71654 AR - Desha EAI 19.108* Neither ROHWER QF85-710-000 No contract--EAI does not purchase output Evergreen Packaging Water Wells Nearby Railway, Pine Bluff, AR 71601 AR - Jefferson EAI 85.0306* Neither PBIP unknown No contract--EAI does not purchase output Georgia-Pacific Corporation Highway 82 and Paper Mill Rd, Crosset, AR 71635 AR - Ashley EAI 32.4836* Neither CROSNR QF93-137-000 No contract--EAI does not purchase output International Paper Company PO Box 95, Leola, AR 72084 AR - Grant EAI 2.29296* Neither CZB QF96-13-000 30 days written notice from effective date of termination S-TECS, L.L.C. Park Avenue, Stuttgart, Arkansas AK - Arkansas EAI 17 Neither unknown QF96-66-000 unknown/not applicable/no industrial account with EAI QF90-93-000 (same Exxon Chemical Americas and Exxon applicants and same site as Company, U.S.A. 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 85.3 NR EXXON QF98-36-000) Terminates by its own terms on or before 1/1/2017 QF98-36-000 (same Exxon Chemical Americas and Exxon applicants and same site as Company, U.S.A. 4045 Scenic Hwy, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 422.1 NR EXXON QF90-93-000) Same agreement as above PPG Industries, Inc. (changed to 180 days written notice from yearly renewal date of 12/1; regulatory Eagle US 2, LLC 2/2013) 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 308.21204* Neither PPG QF86-1058-001 change provision with 90 days notice 180 days written notice from yearly renewal date of 5/27; regulatory RS Cogen, L.L.C. 1300 PPG Drive, Westlake, LA 70669 LA - Calcasieu EGSL 448 NR PPG QF00-32-003 change provision with 90 calendar days notice QF82-140-001 and QF82- 142-003 (same applicant and same site as QF02-10- 002; 2 plants (of 3) re- 60 days written notice by seller; agreement is silent regarding utility's The Dow Chemical Company Hwy 1, Addis, LA 70710 LA - Iberville EGSL 617 NR DOWMTR certified together) right to terminate
QF02-10-002 (same applicant and same site as QF82-140-001 and QF82- 142-003; 1 plant (of 3) re- The Dow Chemical Company Hwy 1, Addis, LA 70710 LA - Iberville EGSL 873.9 NR DOWMTR certified separately) Same agreement as above 60 days notice prior to yearly renewal date of 6/17; regulatory change Air Liquide Large Industries U.S. LP 36597 Hwy 30, Geismar, LA 70734 LA - Ascension EGSL 91.888 Neither SOWOOD QF99-91-001 provision with 90 days notice 180 days written notice from effective date of termination; regulatory Shell Chemical LP 7594 Highway 75, Geismar, LA 70734 LA - Ascension EGSL 76.8 Neither WODSTK QF02-31-001 change provision with 90 days notice
QF90-196-002 (previous 60 days written notice from effective date of termination by seller; Formosa Plastics Corporation, USA Gulf States Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 91.2 MW Neither FORMOS docket QF95-271 canceled) agreement is silent regarding utility's right to terminate Georgia-Pacific Consumer 90 days written notice from effective date of termination; regulatory Operations LLC 1000 W. Mt. Pleasant Rd, Zachary, LA 70791 LA - East Baton Rouge EGSL 110.98 Neither REP QF07-135-000 change provision with 90 days notice 60 days written notice from effective date of termination by seller; BASF Corporation 8404 Hwy 75, Geismar, LA 70734 LA - Ascension EGSL 41.19 Neither BELHEL QF98-100-000 agreement is silent regarding utility's right to terminate 60 days written notice from yearly renewal term on or about 2/20; Praxair, Inc. Highway 4451 Hwy 108, Sulphur, LA 70663 LA - Calcasieu EGSL 2.915 Neither ROSE BLUFF QF00-34-001 regulatory change provision Placid Refining Company 1940 Highway 1 North, Port Allen, LA 70767 LA - West Baton Rouge EGSL 38.216* Neither PCD QF84-334-000 One year written notice from yearly renewal term KPAQ Industries LLC 2105 Hwy 964, St. Francisville, LA 70775 LA - West Feliciana EGSL 12.4 Neither CZB QF91-209-003 No contract--EGSL does not purchase output Louisiana Station/Plant 31 Paper Mill 300 GSU Road, Baton Rouge, LA 70805 LA - East Baton Rouge EGSL 69.2665* Neither LST QF83-180-000 Terminates by its own terms on or before 1/1/2017 Louisiana State University and A&M Louisiana State University, Office of Facility Services, Baton Rouge, College LA 70803 LA - East Baton Rouge EGSL 17.1972* Neither LSU QF05-164-000 No contract--EGSL does not purchase output Equistar Chemicals, LP 4101 Highway 108,Westlake, LA 70669 LA - Calcasieu EGSL 30.517 Neither SPH QF11-290-000 No contract--EGSL does not purchase output 90 days written notice from effective date of termination; regulatory Agrilectric Power Partners LTD 3063 Hwy. 397, Lake Charles, LA 70615 LA - Calcasieu EGSL 12.4202* Neither RICE QF83-15-001 change provision with 90 days notice 60 days written notice from effective date of termination; regulatory Carville Energy LLC 4322 Highway 30, Saint Gabriel, LA 70776 LA - Iberville EGSL 523 NR STGABE QF98-83-002 change provision with 90 days notice Lake Charles Cane-Lacassine Mill, Lacassine Feeder 90 days written notice from effective date of termination; regulatory LLC PO Box 229, Lacassine, LA 70650 LA - Jefferson Davis Parish EGSL 6.815 Neither 565LA QF05-130-001 change provision with 90 days notice Pan Energy unknown LA EGSL unknown Neither unknown unknown unknown/not applicable 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions CITGO Petroleum 4401 Hwy 108, Lake Charles, LA 70601 LA - Calcasieu EGSL 62.5 Neither unknown QF00-67-000 unknown/not applicable unknown-- not applicable--ESI understands this project did not come online as Lake Charles Cogeneration LLC CITGO Refinery, 4401 Hwy 108, Westlake, LA, 70669 LA - Calcasieu EGSL 447.4 Neither proposed facility QF05-66-000 proposed unknown/not applicable/ESI understands this project did not come Louisiana Bio Fuels Inc. Mermentau, LA LA - Acaida Parish EGSL 4.4 Neither unknown QF11-214-000 online as proposed
Nelson Industrial Steam Company 3400 Houston River Road, Westlake, LA 70669 LA - Calcasieu EGSL 251 Neither unknown QF86-512-005 unknown/not applicable Uncle Sam TG-2 Cogeneration Facility, 7250 Hwy 44, Uncle Sam, LA Mosaic Fertilizer, LLC 70792 LA - St. James Parish ELL 11 Neither unknown QF87-276-001 30 days' notice termination period by either party Louisiana Sugar Refining, LLC 1230 5th Avenue, Gramercy, LA 70071 LA - St. James ELL 7.025 Neither unknown QF85-128-001 unknown/not applicable
QF06-31-003 (unclear why unknown-- filed in same docket as Seller may terminate by written notice thereof to Company not less Air Products and Chemicals, Inc. 12465 Highway 70 East, Convent, LA 70723 LA - St. James Parish ELL 4.262 Neither proposed facility Port Arthur facility) than 90 days prior to the effective date of such termination Entergy Power Holding USA unknown/not applicable/no industrial account with ELL/ESI Corporation & Occidental Chemical Adjacent to OxyChem chlor-alkali plant located at 7377 Hwy 3214, unknown-- understands there is no plant adjacent to the OxyChem – Convent Corporation Convent, LA 70723 LA - St. James Parish ELL 588 Neither proposed facility QF01-106-000 plant in Convent Seller may terminate by written notice thereof to Company not less Air Products & Chemicals, Inc. Convent ITM Plant, 12465 Hwy 70 East, Convent, LA LA - St. James Parish ELL 4.262 Neither unknown QF11-515-000 than 90 days prior to the effective date of such termination ELL does not purchase output and does not have active accounts with American Sugar Refining, Inc. Chalmette Cane Sugar Refinery, 7417 N. Peters St, Arabi, LA 70032 LA - Saint Bernard ELL 13 Neither QF85-259-001 this QF City of Winnfield or unknown-- not applicable--ESI understands this project did not come online as Wood Products Energy, Inc. 100 Martin Road, Winnfield, LA LA - Winn ELL 2.8 Neither proposed facility QF09-104-000 proposed unknown-- not applicable--ESI understands this project did not come online as Wood Products Energy, Inc. LA Hwy 125, Olla, LA LA - La Salle ELL 21.41 Neither proposed facility QF09-414-000 proposed 90 days written notice from effective date of termination; regulatory CII Carbon, L.L.C. 1920 Pak Tank Road, Sulphur, LA 70665 LA - Calcasieu ELL 20.6 Neither LONSTR QF00-97-000 change provision with 90 days notice 60 days written notice from effective date of termination; regulatory Occidental Chemical Corporation 266 Hwy 3142, Hahnville, LA 70057 LA - St. Charles ELL 812.749 NR HOOKER_E QF00-64-001 change provision with 90 days written notice
Union Carbide Corporation 355 Highway 3142, Hahnville, LA 70057 LA - St. Charles ELL 352.5 NR UNCARB QF96-68-003 30 days written notice from effective date of termination
30 days written notice from effective date of termination by seller; Rain CII Carbon LLC 100 Coke Plant Rd, Chalmette, LA 70043 LA - St. Bernard ELL 18.9 Neither KAISR4 QF83-161-005 agreement is silent regarding utility's right to terminate
30 days written notice from five (5) year renewal term, with the next Georgia Gulf Corporation 26100 Highway 405, Plaquemine, LA 70764 LA - Iberville ELL 261.52 Neither EVRGRN QF96-53-000 renewal term commencing on or about 12/1/2017 Mosaic Fertilizer, LLC 13830 Circa Crossing Drive, Lithia, FL 33547 LA - St. James Parish ELL 14.834 Neither CONVNT QF13-404-000 30 days written notice from effective date of termination Phillips 66 Company 15551 Highway 23, Belle Chasse, LA 70037 LA - Plaquemines Parish ELL 23.903 Neither ALLIAN QF89-308-002 30 days written notice from effective date of termination Orion Refining Corporation 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 104.431 Neither GDHOPE QF02-26-000 No contract--ELL does not purchase output Gaylord Container Corporation 401 Avenue U, Bogalusa, LA 70427 LA - Washington ELL 57.2 Neither CAMLIA QF86-154-004 ELL does not purchase output After initial three-year term ending on 9/28/2017, 90 days written notice from effective date of termination; regulatory change provision CF Industries Nitrogen, LLC 39018 Hwy 3089, Donaldsonville, LA 70347 LA - St. James ELL 36 Neither Bayou Verret QF14-809-000 with 90 days notice 1111 Airline Highway, US 61, Suite Noranda Aluminum 3370 Gramercy, LA 70052 LA - St. James ELL 81.49562* Neither Lutcher unknown No contract--ELL does not purchase output 90 days written notice from effective date of termination; regulatory Evonik Corporation 3606 Highway 44, Garyville, LA 70076 LA - St. John the Baptist ELL 5.041 Neither BellePoint 230kV QF11-359-001 change provision with 90 days notice RockTenn CP 1 Mill Street, Hodge, LA 71247 LA - Jackson ELL 41.17774* Neither JONSB3 unknown ELL does not purchase output
Terminates on 9/26/2017 unless the Louisiana Public Service Commission has extended its Renewable Energy Pilot Program, in which case the Agreement would continue subject to termination rights with 90 days written notice from effective date of termination; Lafourche Sugars LLC 141 Leighton Quarters Rd, Thibodaux, LA 70301 LA - Lafourche Parish ELL 4.31 Neither Thibodaux 230kV QF12-447-000 regulatory change provision with 90 days notice
Valero 14902 River Rd, New Sarpy, LA 70079 LA - St. Charles ELL 29.6174* Neither Good Hope unknown ESI understands that generation at this site not operational P.E. Barnes Company 2200 Cole Road, Horn Lake, MS 38637 MS - DeSoto EMI 0.25 Neither HORNLK QF03-125-000 Expires on 6/1/2016 Ergon Refining, Inc. 2611 Haining Road, Vicksburg, MS 39180 MS - Warren EMI 4.657575* Neither HANING ROAD QF94-130-000 Expires on 1/1/2019 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions MS Chemical Corp. 4608 Highway 49 East, Yazoo City, MS 39194 MS - Yazoo EMI 21.0188* Neither MSCHEM QF83-318-000 Expires 6/1/2015 Southwest Jackson Family Clinic 5429 Robinson Road, Jackson, MS 39212 MS - Hinds EMI 0.0324836* Neither JXNROBINSONRD unknown Expires 9/10/2015 Polk, J D 5432 Parsons Rd, Terry MS 39170 MS - Hinds EMI 0.01 Neither unknown unknown unknown/not applicable Robinson, Mark 320 Cedar Ridge Rd, Madison MS 39110 MS - Madison EMI 0.00 Neither unknown unknown unknown/not applicable McComb Sports Park 701 S Magnolia St, McComb, MS 39648 MS - Pike EMI 0.01 Neither unknown unknown unknown/not applicable Central Mississippi Health Services 5429 Robinson Rd Ext, Jackson, MS 39204 MS - Hinds EMI 0.3234 Neither unknown unknown unknown/not applicable CRG Residential 227 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 231 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 235 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 239 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 241 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 243 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 251 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 255 Livingston St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 335 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 337 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 341 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 343 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 347 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable CRG Residential 349 E Bell St Jackson, MS 39202 MS - Hinds EMI 0.00152 Neither unknown unknown unknown/not applicable Seibert, John 1124 Old Number 3 Road, Utica, MS 39175 MS - Hinds EMI 0.0028 Neither unknown unknown unknown/not applicable Gibson, Dean 260 Crockett Loop E, Southaven, MS MS - DeSoto EMI 0.001832 Neither unknown unknown unknown/not applicable Medical Mall Foundation 2437 Prosperity St., Jackson, MS 39213 MS - Hinds EMI 0.00125 Neither unknown unknown unknown/not applicable Medical Mall Foundation 2439 Prosperity St., Jackson, MS 39213 MS - Hinds EMI 0.001 Neither unknown unknown unknown/not applicable William O'Keefe 4283 Kimbell Rd, Terry, MS 39170 MS - Hinds EMI 0.0055 Neither unknown unknown unknown/not applicable Air Products and Chemicals, Inc. 14700 Intracoastal Drive, New Orleans, LA 70129 LA - Orleans ENOI 9 Neither Gulf Outlet QF84-166-003 ENOI does not purchase put 60 days written notice from yearly renewal term (10/1/1999); Sabine Cogen, LP 1006 Farm Rd, Orange, TX 77631 TX - Orange ETI 116.235 Neither GUR QF98-119-005 regulatory change provision (90 days) 30 days written notice before expiration on 12/15/2019; regulatory Exxon Mobil Oil Corporation 1795 Burt St, Beaumont, TX 77704 TX - Jefferson ETI 478 Neither CRSPRK QF04-63-000 change provision requiring 90 days notice
E.I. du Pont de Nemours and QF87-223-000 (Docket Company 600 North Dair Ashford, Houston, TX 77070 TX - Harris ETI 15.625 Neither COW QF87-222 was withdrawn) Expired by its own terms on 1/1/2002 E.I. du Pont de Nemours and 180 days written notice from yearly renewal date of 4/1; regulatory Company 2739 FM 1006, Orange, TX 77630 TX - Orange ETI 421 Neither COW QF00-49-003 change provision
One year written notice from yearly renewal date of 10/1; regulatory TOTAL PAR LP FM 366 & 32nd Street, Port Arthur, TX 77619 TX - Jefferson ETI 40.356096* Neither GLFWAY QF87-274-005 change provision seems to require contract amendments
Air Liquide Large Industries U.S. LP 2121 Park St, Port Neches, TX 77651 TX - Jefferson ETI 43.229 Neither MAGNOL QF93-40-001 30 days written notice from 3/3; regulatory change provision
Huntsman Petrochemical Corporation, Texas Petrochemicals LP, and Port Neches Fuels, LLC 6001 Hwy, 366 PO Box 847, Port Neches, TX 77651 TX - Jefferson ETI 85 Neither HUNTS1 QF90-174-002 ETI does not purchase put; contract expired in 2004 The Goodyear Tire & Rubber Company Beaumont/East Chemical 60 days written notice from yearly renewal date of 8/1; regulatory Plant IH-10 Southwest at Smith Rd, Beaumont, TX 77705 TX - Jefferson ETI 18.835 Neither GDYRCH QF99-85-000 change provision
Disconnected-- electric power production activity terminated 30 days written notice, regulatory change provision (90 days written TX LFG Energy, LP 2525 North Loop 336 East, Conroe, TX 77303 TX - Montgomery ETI 2.555 Neither 4/10/2012 QF03-44-005 notice)
Interconnected to Sam Houston Electric Cooperative; ESI as agent for ELL ESI as agent for ELL purchases output under a PPA that is not a PURPA TX LFG Energy, LP 19248 Highway 105 E., Cleveland, TX 77328 TX - Montgomery purchases output 3.048 Neither unknown QF03-43-007 QF PPA 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4 Name Address Location by State and County Entergy OpCo Net Capacity (MW) Interconnection Status Substation Name FERC Docket # Agreement Termination Dates/Provisions application does not BASF Corporation 602 Copper Road, Freeport, TX 77541 TX - Brazoria say 49 Neither unknown QF89-282-000 unknown/not applicable/no industrial account with ETI BASF Corporation Route 366 and 73, Port Arthur, TX 77640 TX - Jefferson ETI 75.02 Neither VFWPRK QF01-6-002 unknown/not applicable/no industrial account with ETI QF06-31-002/ QF99-84- 000 (originally self-certified in QF99-84-000 as 2 separate QFs but relinquished QF99-84-000 in 9/27/2011 filing in QF06- one year written notice from yearly renewal date; regulatory change Air Products LLC 1801 South Gulfway Dr, Port Arthur, TX 77640 TX - Jefferson ETI 162.038 Neither SALTGR 31-002) provision (90 days written notice)
Motiva Enterprises LLC (Port Arthur 6 months written notice from yearly renewal date of April 1; regulatory Refinery-Crude Expansion Project) 2815 Coke Dock Road, Post Arthur, TX 77640 TX - Jefferson ETI 156 Neither STHSID QF09-524-000 change provision Orion Engineered Carbons LLC 7702 FM 1960 Rd E, Humble, TX 77346 TX - Orange ETI 11.9 Neither PHILBK QF84-180-004 60 days written notice Temple-Inland Forest Products QF94-76-000 (same site as Corporation Hwy 105, Evadale, TX 77615 TX - Jasper ETI 30.6 Neither unknown QF84-389-001) unknown/not applicable Temple-Inland Forest Products QF84-389-001 (same site Corporation Hwy 105, Evadale, TX TX - Jasper ETI 48.2 Neither unknown as QF94-76-000) unknown/not applicable ETI to purchase put; interconnected with Jasper Newton Electric unknown-- Texas Specialty Chemicals, Inc. McCurley Avenue, Buna, TX TX - Jasper Cooperative 20 Neither proposed facility QF04-89-000 unknown/not applicable/no industrial account with ETI unknown-- BioFuels Power Corporation 9390 Forest Lane, Conroe, TX 77380 TX - Montgomery ETI 7.8 Neither proposed facility QF08-388-000 unknown/not applicable/no industrial account with ETI unknown-- BioFuels Power Corporation 9390 Forest Lane, Conroe, TX 77380 TX - Montgomery ETI 1.1 Neither proposed facility QF07-208-000 unknown/not applicable/no industrial account with ETI David Barton 20153 Hill Top Ranch Drive, Conroe, TX 77316 TX - Montgomery ETI 0.008 Neither solar panel array QF10-647-000 unknown/not applicable Port Arthur Steam Energy LP and 30 days written notice, regulatory change provision (90 days written Great Lakes Carbon, LLC 2815 Coke Dock Road, Post Arthur, TX 77640 TX - Jefferson ETI 3 Neither unknown QF80-6-003 notice) MeadWestvaco Texas LP Highway 105 South, Evadale, TX 77615 TX - Jasper ETI 60 Neither unknown QF06-84-000 unknown/not applicable Joanne Fong 11 West Isle Place, The Woodlands, TX 77381 TX - Montgomery ETI 0.00385 Neither solar PV QF09-530-000 unknown/not applicable Renee and Greg Fricano 3599 Griffin Rd, Kountze, TX 77625 TX - Hardin ETI 1.4 MW/month Neither QF09-493-000 unknown/not applicable
Ronald L. Perkins 4905 Evergreen Forest Lane, Navasota, TX 77868 TX - Grimes ETI 0.0051 Neither residential solar PV QF09-383-000 unknown/not applicable
Bruce Raymond Drury 3555 Long Ave., Beaumont, TX 77706 TX - Jefferson ETI 0.01 Neither residential solar PV QF09-483-000 unknown/not applicable John Paul Buffamante 2020 Northampton Drive, Conroe, TX 77303 TX - Montgomery ETI 0.0018 Neither solar PV QF09-121-000 unknown/not applicable Diamond M Cattle & Exotics L.P. 7051 Patillo Road, Beaumont, TX 77705 TX - Jefferson ETI 0.01 Neither solar PV QF08-118-001 unknown/not applicable John Yearwood 4885 Edgewood Lane, Beaumont, TX 77706 TX - Orange ETI 0.00282 Neither solar QF09-82-000 unknown/not applicable Johnny Hatfield 1757 Fay Dr., Conroe, TX 77304 TX - Montgomery ETI 0.0045 Neither solar panels QF10-263-000 unknown/not applicable Scott Smith 3018 Vernon, Nederland, TX 77627 TX - Montgomery ETI 0.01026 Neither solar panels QF10-260-000 unknown/not applicable Doug Hackradt 12066 Willow Ridge Cir., Conroe, TX 77304 TX - Montgomery ETI 0.002 Neither solar panels QF10-247-000 unknown/not applicable Horace Wright 3896 CR 324, Navasota, TX 77868 TX - Grimes ETI 0.0024 Neither wind QF10-188-000 unknown/not applicable Paul Warren 326 Peach Island Road, Trinity, TX 77375 TX - Trinity ETI 0.0085 Neither solar PV QF10-282-000 unknown/not applicable Scott Richard Reeves 17006 Gleneagles Dr. S., Conroe, TX 77385 TX - Montgomery ETI <0.005 Neither solar panels QF06-297-000 unknown/not applicable Dallas K. Higgins 1609 N. 27th St., Nederland, TX 77627-5601 TX - Galveston ETI 0.4-0.7/month Neither wind QF10-317-000 unknown/not applicable 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 4
CERTIFICATE OF SERVICE
I hereby certify that I will cause to be served the foregoing document upon each person
designated on the official service list compiled by the Secretary in this proceeding and on the
qualifying facilities identified in Attachment A to this document.
/s/ Megan E. Vetula
Entergy Services, Inc. 101 Constitution Avenue, NW Suite 200-E Washington, DC 20001
Dated: March 30, 2015 Washington, D.C. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 5
ETI APRIL 22 EMAIL 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 5
From: THRELKELD, JAMES H [mailto:[email protected]] Sent: Friday, April 22, 2016 1:24 PM To: Hank Hamilton
As you may be aware, on January 21, 2016, FERC granted the application of Entergy Services, Inc. on behalf of the Entergy operating companies (collectively, “Entergy”), filed pursuant to section 210(m) of PURPA and section 292.310 of FERC’s regulations, to terminate the requirement imposed under section 292.303(a) of FERC’s regulations, to enter into new obligations or contracts to purchase electric energy and capacity from Qualified Facilities (“QFs”) with a net capacity in excess of 20 MW effective as of October 23, 2015. See Order Granting in Part, and Denying in Part, Application to Terminate Mandatory Purchase Obligation re Entergy Services, Inc. et al., 154 FERC ¶ 61,035 (Jan. 21, 2016).
Based on Entergy’s understanding of the “net capacity” of your facility as defined in the application, such facility falls within the scope of the relief granted by FERC.
The Entergy Operating Companies plan to issue notices of termination of the contracts to affected QFs that will take effect no earlier than September 1, 2016 as an accommodation to QFs affected by the FERC Order.
Upon the termination of any existing QF contract, a QF with a net capacity in excess of 20 MW must be registered with the Midcontinent Independent System Operator, Inc. (“MISO”) in order to be compensated by MISO or a third party for the energy that QF injects to the grid. The Market Participant and generator registration processes take time to complete and become effective, and may include the need to purchase certain metering or communications equipment. The next deadline for QFs to complete and submit paperwork to MISO is June 15, 2016 to complete the process prior to September 1, 2016.
Should your facility have questions about the MISO registration process and requirements, we encourage you to contact MISO. Inquiries to MISO should be directed to Anastasia Sauer (317-249-5432; email: [email protected]).”
If you have additional questions or wish to discuss this, feel free to contact me directly.
Hoyt Threlkeld Industrial Accounts Entergy Texas 409-981-3393 C 409-659-0845 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 6
GOODYEAR APRIL 27 RESPONSE 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 6
The Goodyear Tire & Rubber Company
April 27, 2016
Mr. James H. Threlkeld Industrial Accounts Entergy Services, Inc. 350 Pine Street Beaumont, Texas 77704
Re: January 21, 2016 Order Issued by the Federal Energy Regulatory Commission Granting in Part, and Denying in Part, Entergy's Application to Terminate Mandatory Purchase Obligation
Dear Hoyt:
The Goodyear Tire & Rubber Company ("Goodyear") is in receipt of your April 22, 2016 correspondence regarding the Federal Energy Regulatory Commission's ("FERC's") January 21, 2016 Order Granting in Part, and Denying in Part, Application to Terminate Mandatory Purchase Obligation ("Order") in Docket No. QM14-3-000.
The purpose of this letter is to provide information to Entergy that the FERC Order in Docket No. QM14-3-000 is not applicable to the qualifying facility ("CIF") at the Goodyear Beaumont/ East Chemical Plant located in Beaumont, Texas. The Order is intended to grant relief to Entergy from the mandatory purchase obligation under the Public Utility Regulatory Policies Act of 1978 ("PURPA") with respect to QFs with a maximum net capacity of over 20 MW. Under the specific terms of the Order, QFs with a maximum net capacity of 20 MW or less are unaffected by the FERC Order. Pursuant to the Notice of Self- Certification for Qualified Facility filed June 1, 1999 in FERC Docket No. QF 99-85-000 by Goodyear for the Beaumont/East Chemical Plant, the Goodyear Beaumont/East Chemical Plant QF has a certificated maximum net capacity of 18.835 MW.
The Goodyear Beaumont/East Chemical Plant is an integrated synthetic rubber production processing site utilizing distributed steam and electricity to manufacture tire polymers for the global tire industry. The plant uses a topping turbine to reduce steam pressure from 400psi to 100 psi and uses this 100 psi steam for distillation and solvent stripping operations. The letdown of steam pressure generates electricity for use to run pump, agitator, and extruder motors in the production processing units. When the polymer production processes are run at reduced rates, the steam consumption is reduced and the electrical power generation is proportionately reduced. Steam consumption in the facility is based on production process unit demand. Higher steam demand will generate more electricity. This also requires more electricity to run the motors in the production process units.
In 1999, the certificated OF was installed as four gas turbine generator sets to provide additional steam and electricity for the Beaumont/East Chemical Plant. Total power output of the four gas turbines was calculated as 18.835 MW, and the notice of QF certification was filed with FERC in Docket No. 99-85. No changes to the maximum net capacity of the Goodyear Beaumont/East Chemical Plant have occurred since our 1999 filing with FERC. Because of the configuration of the plant steam and power systems, 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Attachment 6
shutting down production operating units does not free up power for export, so the actual net output cannot exceed 10 MW, and the historical power export to the grid from the QF facility has never exceeded 10 MW.
A copy of the certification for the Goodyear Beaumont/East Chemical Plant is attached hereto. Because the FERC certificated maximum net capacity of the Goodyear Beaumont/East Chemical Plant is less than 20 MW, the existing Agreement for Purchase of Energy from Qualifying Facilities between Goodyear and Entergy, effective December 14, 1999 (the "Agreement"), is unaffected by the FERC Order and is not subject to termination as a result of the Order.
Thank you for your attention to this matter. Should you have any questions regarding the QF operated by Goodyear at its Beaumont East Chemical Plant, please do not hesitate to contact me. Goodyear looks forward to its continued relationship with Entergy in accordance with the terms of the Agreement.
Best Regards,
Brad loerger Director Chemical Operations NA The Goodyear Tire & Rubber Company 2000 Goodyear Drive Houston, TX 77017 Phone 713-475-7602
Attachment Cc: Michael J. Tomsu, Vinson & Elkins 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 7
JUNE 1, 2016, NOTICE OF TERMINATION 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM Attachment 7 Industrial Accounts Texas INDUSTRIAL ACCOUNTS 350 Pine Street Enter T-EP-13A TEXAS Beaumont, TX 77701
June 1, 2016
The Goodyear Tire and Rubber Company Via Certified Mail P.O. Box 26003 Beaumont, Texas 77720-6003 and
The Goodyear Tire and Rubber Company Hank Hamilton 11357 III 10 P.O. Box 26003 Beaumont, TX 77720-6003 Dear Mr. Hamilton:
As you may be aware, on January 21, 2016, the Federal Energy Regulatory Commission ("FERC") granted the application of Entergy Services, Inc. on behalf of the Entergy Operating Companies, including Entergy Texas, Inc. ("ETI") (collectively, "Entergy"), filed pursuant to section 210(m) of PURPA and section 292.310 of FERC's regulations, to terminate the requirement imposed under section 292.303(a) of FERC's regulations, to enter into new obligations or contracts to purchase electric energy and capacity from Qualified Facilities ("QFs") with a net capacity in excess of 20 MW effective as of October 23, 2015. See Order Granting in Part, and Denying in Part, Application to Terminate Mandatory Purchase Obligation re Entergy Services, Inc. et al., 154 FERC ¶ 61,035 (Jan. 21, 2016).
ETI currently has a contract with your facility pursuant to which ETI purchases QF energy. Based on ETI's understanding of the "net capacity" of your facility as defined in the application, such facility falls within the scope of the relief granted by FERC.
By this letter, ETI hereby provides notice of termination pursuant to the Agreement for Purchased Power dated December 14, 1999 between The Goodyear Tire and Rubber Company and Entergy Gulf States, Inc. ("Agreement"). Provision 4.1 of the Agreement states that if, during the term of the contract, statutory or regulatory requirements change in such a way as to reduce, limit, modify, or remove the requirement that ETI accept and pay for electric energy tendered from your facility, then ETI shall have the right, upon ninety (90) days written notice, to reduce, limit, or modify its purchases and takes of Energy delivered under the Agreement, to the extent permitted or required by such change in statutory or regulatory requirements. Additionally, Provision 6.1 of the Agreement states that ETI may terminate this Agreement by giving written notice of its intent to do so not less than sixty (60) days prior to the expiration of the original term or of any renewal thereof.
Entergy Industrial Accounts - Texas Hoyt Threlkeld Tel. 409.981.3393 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM Attachment 7 Industrial Accounts Texas INDUSTRIAL ACCOUNTS 350 Pine Street --"-&'Enter T-EP-13A TEXAS Beaumont, TX 77701
In FERC Docket No. QM14-3, ETI committed, notwithstanding its contractual rights, not to terminate the Agreement effective earlier than September 1, 2016. In light of the foregoing, this letter provides formal notice to you that the Agreement shall terminate effective September 1, 2016.
Upon the termination of any existing QF contract, a QF with a net capacity in excess of 20 MW must be registered with the Midcontinent Independent System Operator, Inc. ("MISO") in order to be compensated by MISO or a third party for the energy that QF injects to the grid. Should your facility have questions about the MISO registration process and requirements, we encourage you to contact MISO. Inquiries to MISO should be directed to Anastasia Sauer (317- 249-5432; email: [email protected]).
Please contact me with any questions or concerns.
Sincerely,
Hoyt Threlkeld Industrial Account Executive Entergy Texas, Inc.
Entergy Industrial Accounts - Texas Hoyt Threlkeld Tel. 409.981.3393 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 8
AFFIDAVIT OF HANK HAMILTON 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
ATTACHMENT 9
PROTECTIVE ORDER 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
The Goodyear Tire & Rubber Company, ) ) Docket No. EL16-___-000 Complainant, ) ) v. ) ) Entergy Texas, Inc. ) ) Respondent. )
PROTECTIVE ORDER (Issued ______, 20__)
1. This Protective Order shall govern the use of all Protected Materials produced by, or on behalf of, any Participant. Notwithstanding any order terminating this proceeding, this Protective Order shall remain in effect until specifically modified or terminated by the Presiding Administrative Law Judge (“Presiding Judge”) or the Federal Energy Regulatory Commission (“Commission”).
2. This Protective Order applies to the following two categories of materials: (A) A Participant may designate as protected those materials which customarily are treated by that Participant as sensitive or proprietary, which are not available to the public, and which, if disclosed freely, would subject that Participant or its customers to risk of competitive disadvantage or other business injury; and (B) A Participant shall designate as protected those materials which contain critical energy infrastructure information, as defined in 18 C.F.R. § 388.113(c)(1) (“Critical Energy Infrastructure Information”).
3. Definitions -- For purposes of this Order:
(a) The term “Participant” shall mean a Participant as defined in 18 C.F.R. § 385.102(b).
(b)(1) The term “Protected Materials” means (A) materials (including depositions) provided by a Participant as part of any application or other pleading filed with the Commission or in response to discovery requests, and designated by such Participant as protected; (B) any information contained in or obtained from such designated materials; (C) any other materials which are made subject to this Protective Order by the Presiding Judge, by the Commission, by any court or other body having appropriate authority, or by agreement of the Participants; (D) notes of Protected Materials; and (E) copies of Protected Materials. The Participant producing the Protected Materials shall physically mark them on each page as “CONTAINS PRIVILEGED INFORMATION-DO NOT RELEASE” or “PROTECTED MATERIALS” or with words of similar import as long as the term “Protected Materials” is included in that designation to indicate that they are 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
Protected Materials. If the Protected Materials contain Critical Energy Infrastructure Information, the Participant producing such information shall additionally mark on each page containing such information the words “Contains Critical Energy Infrastructure Information - Do Not Release.”
(2) The term “Notes of Protected Materials” means memoranda, handwritten notes, or any other form of information (including electronic form) which copies or discloses materials described in Paragraphs 3(b)(1) or 5. Notes of Protected Materials are subject to the same restrictions provided in this order for Protected Materials except as specifically provided in this order.
(3) Protected Materials shall not include (A) any information or document contained in the files of the Commission, or any other federal or state agency, or any federal or state court, unless the information or document has been determined to be protected by such agency or court, or (B) information that is public knowledge, or which becomes public knowledge, other than through disclosure in violation of this Protective Order, or (C) any information or document labeled as “Non-Internet Public” by a Participant, in accordance with Paragraph 30 of FERC Order No. 630, FERC Stats. & Regs. ¶ 31,140. Protected Materials do include any information or document contained in the files of the Commission that has been designated as Critical Energy Infrastructure Information.
(c) The term “Non-Disclosure Certificate” shall mean the certificate annexed hereto by which Participants who have been granted access to Protected Materials shall certify their understanding that such access to Protected Materials is provided pursuant to the terms and restrictions of this Protective Order, and that such Participants have read the Protective Order and agree to be bound by it. All Non-Disclosure Certificates shall be served on all parties on the official service list maintained by the Secretary in this proceeding.
(d) The term “Reviewing Representative” shall mean a person who has signed a Non- Disclosure Certificate and who is:
(1) Commission Litigation Staff;
(2) an attorney who has made an appearance in this proceeding for a Participant;
(3) attorneys, paralegals, and other employees associated for purposes of this case with an attorney described in Paragraph (2);
(4) an expert or an employee of an expert retained by a Participant for the purpose of advising, preparing for or testifying in this proceeding;
(5) a person designated as a Reviewing Representative by order of the Presiding Judge or the Commission; or
(6) employees or other representatives of Participants appearing in this proceeding with significant responsibility for this docket. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
4. Protected Materials shall be made available under the terms of this Protective Order only to Participants and only through their Reviewing Representatives as provided in Paragraphs 7-9.
5. Protected Materials shall remain available to Participants until the later of the date that an order terminating this proceeding becomes no longer subject to judicial review, or the date that any other Commission proceeding relating to the Protected Material is concluded and no longer subject to judicial review. If requested to do so in writing after that date, the Participants shall, within fifteen days of such request, return the Protected Materials (excluding Notes of Protected Materials) to the Participant that produced them, or shall destroy the materials, except that copies of filings, official transcripts and exhibits in this proceeding that contain Protected Materials, and Notes of Protected Material may be retained, if they are maintained in accordance with Paragraph 6, below. Within such time period each Participant, if requested to do so, shall also submit to the producing Participant an affidavit stating that, to the best of its knowledge, all Protected Materials and all Notes of Protected Materials have been returned or have been destroyed or will be maintained in accordance with Paragraph 6. To the extent Protected Materials are not returned or destroyed, they shall remain subject to the Protective Order.
6. All Protected Materials shall be maintained by the Participant in a secure place. Access to those materials shall be limited to those Reviewing Representatives specifically authorized pursuant to Paragraphs 8-9. The Secretary shall place any Protected Materials filed with the Commission in a non-public file. By placing such documents in a nonpublic file, the Commission is not making a determination of any claim of privilege. The Commission retains the right to make determinations regarding any claim of privilege and the discretion to release information necessary to carry out its jurisdictional responsibilities. For documents submitted to Commission Litigation Staff (“Staff”), Staff shall follow the notification procedures of 18 C.F.R. § 388.112 before making public any Protected Materials.
7. Protected Materials shall be treated as confidential by each Participant and by the Reviewing Representative in accordance with the certificate executed pursuant to Paragraph 9. Protected Materials shall not be used except as necessary for the conduct of this proceeding, nor shall they be disclosed in any manner to any person except a Reviewing Representative who is engaged in the conduct of this proceeding and who needs to know the information in order to carry out that person’s responsibilities in this proceeding. Reviewing Representatives may make copies of Protected Materials, but such copies become Protected Materials. Reviewing Representatives may make notes of Protected Materials, which shall be treated as Notes of Protected Materials if they disclose the contents of Protected Materials.
8. (a) If a Reviewing Representative's scope of employment includes the marketing of energy, the direct supervision of any employee or employees whose duties include the marketing of energy, the provision of consulting services to any person whose duties include the marketing of energy, or the direct supervision of any employee or employees whose duties include the marketing of energy, such Reviewing Representative may not use information contained in any Protected Materials obtained through this proceeding to give any Participant or any competitor of any Participant a commercial advantage.
(b) In the event that a Participant wishes to designate as a Reviewing Representative a person not described in Paragraph 3 (d) above, the Participant shall seek agreement from the Participant 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
providing the Protected Materials. If an agreement is reached that person shall be a Reviewing Representative pursuant to Paragraphs 3(d) above with respect to those materials. If no agreement is reached, the Participant shall submit the disputed designation to the Presiding Judge for resolution.
9. (a) A Reviewing Representative shall not be permitted to inspect, participate in discussions regarding, or otherwise be permitted access to Protected Materials pursuant to this Protective Order unless that Reviewing Representative has first executed a Non-Disclosure Certificate provided that if an attorney qualified as a Reviewing Representative has executed such a certificate, the paralegals, secretarial and clerical personnel under the attorney’s instruction, supervision or control need not do so. A copy of each Non-Disclosure Certificate shall be provided to counsel for the Participant asserting confidentiality prior to disclosure of any Protected Material to that Reviewing Representative.
(b) Attorneys qualified as Reviewing Representatives are responsible for ensuring that persons under their supervision or control comply with this order.
10. Any Reviewing Representative may disclose Protected Materials to any other Reviewing Representative as long as the disclosing Reviewing Representative and the receiving Reviewing Representative both have executed a Non-Disclosure Certificate. In the event that any Reviewing Representative to whom the Protected Materials are disclosed ceases to be engaged in these proceedings, or is employed or retained for a position whose occupant is not qualified to be a Reviewing Representative under Paragraph 3(d), access to Protected Materials by that person shall be terminated. Even if no longer engaged in this proceeding, every person who has executed a Non-Disclosure Certificate shall continue to be bound by the provisions of this Protective Order and the certification.
11. Subject to Paragraph 17, the Presiding Administrative Law Judge or the Commission shall resolve any disputes arising under this Protective Order. Prior to presenting any dispute under this Protective Order to the Presiding Administrative Law Judge or the Commission, the parties to the dispute shall use their best efforts to resolve it. Any participant that contests the designation of materials as protected shall notify the party that provided the protected materials by specifying in writing the materials whose designation is contested. This Protective Order shall automatically cease to apply to such materials five (5) business days after the notification is made unless the designator, within said 5-day period, files a motion with the Presiding Administrative Law Judge or the Commission, with supporting affidavits, demonstrating that the materials should continue to be protected. In any challenge to the designation of materials as protected, the burden of proof shall be on the participant seeking protection. If the Presiding Administrative Law Judge or the Commission finds that the materials at issue are not entitled to protection, the procedures of Paragraph 17 shall apply. The procedures described above shall not apply to protected materials designated by a Participant as Critical Energy Infrastructure Information. Materials so designated shall remain protected and subject to the provisions of this Protective Order, unless a Participant requests and obtains a determination from the Commission’s Critical Energy Infrastructure Information Coordinator that such materials need not remain protected. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
12. All copies of all documents reflecting Protected Materials, including the portion of the hearing testimony, exhibits, transcripts, briefs and other documents which refer to Protected Materials, shall be filed and served in sealed envelopes or other appropriate containers endorsed to the effect that they are sealed pursuant to this Protective Order. Such documents shall be marked “PROTECTED MATERIALS” or “CONTAINS PRIVILEGED INFORMATION-DO NOT RELEASE” and shall be filed under seal and served under seal upon the Presiding Judge and all Reviewing Representatives who are on the service list. Such documents containing Critical Energy Infrastructure Information shall be additionally marked “Contains Critical Energy Infrastructure Information - Do Not Release.” For anything filed under seal, redacted versions or, where an entire document is protected, a letter indicating such, will also be filed with the Commission and served on all parties on the service list and the Presiding Judge. Counsel for the producing Participant shall provide to all Participants who request the same, a list of Reviewing Representatives who are entitled to receive such material. Counsel shall take all reasonable precautions necessary to assure that Protected Materials are not distributed to unauthorized persons.
13. If any Participant desires to include, utilize or refer to any Protected Materials or information derived therefrom in testimony or exhibits during the hearing in these proceedings in such a manner that might require disclosure of such material to persons other than reviewing representatives, such participant shall first notify both counsel for the disclosing participant and the Presiding Judge of such desire, identifying with particularity each of the Protected Materials. Thereafter, use of such Protected Material will be governed by procedures determined by the Presiding Judge.
Nothing in this Protective Order shall be construed as precluding any Participant from objecting to the use of Protected Materials on any legal grounds.
14. Nothing in this Protective Order shall preclude any Participant from requesting the Presiding Judge, the Commission, or any other body having appropriate authority, to find that this Protective Order should not apply to all or any materials previously designated as Protected Materials pursuant to this Protective Order. The Presiding Judge may alter or amend this Protective Order as circumstances warrant at any time during the course of this proceeding.
15. Each party governed by this Protective Order has the right to seek changes in it as appropriate from the Presiding Judge or the Commission.
16. All Protected Materials filed with the Commission, the Presiding Judge, or any other judicial or administrative body, in support of, or as a part of, a motion, other pleading, brief, or other document, shall be filed and served in sealed envelopes or other appropriate containers bearing prominent markings indicating that the contents include Protected Materials subject to this Protective Order. Such documents containing Critical Energy Infrastructure Information shall be additionally marked “Contains Critical Energy Infrastructure Information – Do Not Release.”
17. If the Presiding Judge finds at any time in the course of this proceeding that all or part of the Protected Materials need not be protected, those materials shall, nevertheless, be subject to the protection afforded by this Protective Order for three (3) business days from the date of issuance of the Presiding Judge's decision, and if the Participant seeking protection files an interlocutory 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
appeal or requests that the issue be certified to the Commission, for an additional seven (7) business days. None of the Participants waives its rights to seek additional administrative or judicial remedies after the Presiding Judge's decision respecting Protected Materials or Reviewing Representatives, or the Commission's denial of any appeal thereof. The provisions of 18 C.F.R. §§ 388.112 and 388.113 shall apply to any requests for Protected Materials in the files of the Commission under the Freedom of Information Act. (5 U.S.C. § 552).
18. Nothing in this Protective Order shall be deemed to preclude any Participant from independently seeking through discovery in any other administrative or judicial proceeding information or materials produced in this proceeding under this Protective Order.
19. None of the Participants waives the right to pursue any other legal or equitable remedies that may be available in the event of actual or anticipated disclosure of Protected Materials.
20. The contents of Protected Materials or any other form of information that copies or discloses Protected Materials shall not be disclosed to anyone other than in accordance with this Protective Order and shall be used only in connection with this (these) proceeding(s). Any violation of this Protective Order and of any Non- Disclosure Certificate executed hereunder shall constitute a violation of an order of the Commission. 20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
The Goodyear Tire & Rubber Company, ) ) Docket No. EL16-___-000 Complainant, ) ) v. ) ) Entergy Texas, Inc. ) ) Respondent. )
NON-DISCLOSURE CERTIFICATE
I hereby certify my understanding that access to Protected Materials is provided to me pursuant to the terms and restrictions of the Protective Order in this proceeding, that I have been given a copy of and have read the Protective Order, and that I agree to be bound by it. I understand that the contents of the Protected Materials, any notes or other memoranda, or any other form of information that copies or discloses Protected Materials shall not be disclosed to anyone other than in accordance with that Protective Order. I acknowledge that a violation of this certificate constitutes a violation of an order of the Federal Energy Regulatory Commission.
By: ______Title: ______Representing: ______Date: ______20160809-5208 FERC PDF (Unofficial) 8/9/2016 4:07:59 PM Document Content(s) PUBLIC Goodyear v ETI Complaint.PDF...... 1-31 PUBLIC Attachment 1.PDF...... 32-32 PUBLIC Attachments 2 - 9.PDF...... 33-133