Mojave Solar OCT 24 2013 FERC Request.Pdf
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20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM MILBAN K, TW"EED, HADLEY & M<::CLOY LLP INTEaNATI ONAL SQUARE BUILDING NEW YORK 1850 K STREET. NW. SU1TE l 100 BEI,JJNG 2 I 2 · !530·5000 8610 -5969·2?00 FAX: 2 12-530-5219 WASH INGTON. D .C. 20008 FAX: 8610 · 5969· 2?0? LOS ANGELES I-IONG l<ONG 2 I 3 ·892-4000 202 83!5 ?500 852· 29? 1· 4888 FAX· 213-629-5063 FAX 852· 2840·0?92 FAX: 202· 83!5·? !586 LONDON SINGAPORE 44 20.7615.. 3000 65-6428·2400 FAK 44· 20-7615·3100 FAX: 65·6428· 2500 FRANKFURT TOKYO 49-69· ? 1914-3400 813-5410- 2801 FAX: 49· 69· ? 1914· 3500 FAX. 813· 5410· 2891 MUNICH SAO PA'ULO 49· 69· 25559-3600 55-11·392?· 7?00 FAX: 49· 89·25559·3?00 F AX: 55· 11· 392?·7777 October 24. 2013 VIA ELECTRON JC FJ LING Kimbe rly D. Bose Secretary Federa l Energy Regulatory Commission 888 First Street, NE Washington, D.C. 20426 Re: Southern California Edison Company; Docket No. ER 14-164-000 Dear Secretary Bose: Attached, pursuant to Rules 214 and 2 12 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, 18 C.F.R. §§ 385.2 14, 2 12 (2013). please find the Motion to Intervene and Request for Expedited Action of Mojave Solar LLC in the subject docket. If you have any questions regard ing this filing, please contact the undersigned. Respectfully submitted, /s/ Karen B . Wong Karen B. Wong Mil ba nk, Tweed, Hadley & McC loy LLP 60 l South f' igueroa Street, 30'11 Fl oor Los Angeles, CA 90017-5735 Tel: (2 13) 892-4419 Fax: (213) 629-4000 Email: k\\ [email protected] Attorney For Mojave Solar LLC 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Southern California Edison Company ) Docket No. EL14-164-000 MOTION TO INTERVENE AND REQUEST FOR EXPEDITED ACTION OF MOJAVE SOLAR LLC Pursuant to Rules 212 and 214 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“FERC” or “Commission”), 18 C.F.R. §§ 385.212 and 385.214, Mojave Solar LLC (“Mojave Solar”) hereby moves to intervene and request expedited action with respect to the above-captioned proceeding. In support of this motion, Mojave Solar respectfully states: MOTION TO INTERVENE 1. Mojave Solar is a Delaware limited liability company that is developing a large concentrating solar power project in California. The project will consist of two separate parabolic trough generating units of approximately 125 MW each, for a total net capacity of 250 MW, located on a site near Harper Dry Lake in unincorporated San Bernardino County, California (the “Mojave Solar Project”). Mojave Solar has received market-based rate authority from the Commission,1 and is an “exempt wholesale generator” under the Public Utility Holding Company Act of 2005 and the Commission’s implementing regulations at 18 C.F.R. §§ 366.1 and 366.7.2 1 Unpublished letter order, Docket No. ER11-3917-000, Aug. 18, 2011. 2 Notice of Self-Certification of Mojave Solar LLC as an Exempt Wholesale Generator, Docket No. EG11- 91-000, June 3, 2011; LWP Lessee, LLC, et al., Docket Nos. EG11-89-000, Notice of Effectiveness of Exempt Wholesale Generator Status, Sept. 19, 2011. 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM 2. In order to interconnect the Mojave Solar Project and sell its electric output, Mojave Solar’s parent, Abengoa Solar Inc. (“Abengoa Solar”), entered into a Large Generator Interconnection Agreement (“LGIA”) with Southern California Edison Company (“SCE”) and the California Independent System Operator Corporation (“CAISO”), pursuant to which Mojave Solar will be interconnected to SCE’s transmission lines that are under the operational control of CAISO.3 The Commission has accepted the LGIA for filing.4 Abengoa Solar assigned the LGIA to Mojave Solar on March 23, 2011 and SCE and CAISO consented to the assignment on May 6, 2011. 3. On October 23, 2013 in the subject docket, SCE filed an amendment to the LGIA (“LGIA Amendment”) reflecting: (a) the assignment from Abengoa Solar to Mojave Solar; (b) the revisions to the pro forma large generator interconnection agreement set forth in CAISO Tariff Appendix BB, as conditionally accepted by FERC; (c) the name change of Lockhart Substation to Sandlot Substation; (d) the name change of the Alpha and Beta Generating Units to Alba and Ocaso Generating Units; (e) an updated relay type to SEL 3530; (f) the updated generator, transformer and tie-line data, and description on the one-line diagram; (g) the new defined term First Amendment; (h) the Credit Support deferral as agreed upon by the Parties in a letter agreement dated November 4, 2011; (i) the updated Interconnection Facilities Charge, Interconnection Facilities Cost, Interconnection Facilities Payment, Reliability Network Upgrades Cost, Reliability Upgrades Payment and the associated Credit Support; (j) that the Participating 3 SCE filed the LGIA with the Commission on November 30, 2010, in Docket No. ER11-2204-000. Abengoa Solar filed a Motion to Intervene and Comments on December 16, 2010, supporting SCE’s request that the Commission accept the LGIA for filing. CAISO filed the LGIA with the Commission on December 14, 2010, in Docket No. ER11-2368-000, requesting consolidated consideration of its and SCE’s filings by the Commission. 4 134 FERC ¶ 61,059 (2011). 2 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM TO has received Abandoned Plant Approval; (k) updated milestones; and (l) other administrative changes. 4. All communications, pleadings and orders with respect to this proceeding should be addressed to the individuals listed below: Frederick Redell, PE Karen B. Wong, Esq. General Manager, Mojave Solar LLC Milbank, Tweed, Hadley & McCloy LLP c/o Abengoa Solar LLC 601 South Figueroa Street, 30th Floor 1250 Simms St., Unit 101 Los Angeles, CA 90017-5735 Lakewood, CO 80401 Phone: 213-892-4419 Phone: (303) 323-9152 Fax: 213-629-4000 Fax : (415) 391-2198 E-mail: [email protected] E-mail: [email protected] Timothy McMahon James C. Liles Associate Counsel Regulatory Advisor Abengoa Solar LLC Milbank, Tweed, Hadley & McCloy LLP The Ordway Building 1850 K Street, N.W., Suite 1100 1 Kaiser Plaza, STE 1675 Washington, D.C. 20006 Oakland, CA 94612 Phone: (202) 835-7545 Phone: (510) 271-4759 Fax: (202) 263-7545 E-mail: E-mail: [email protected] [email protected] 5. Mojave Solar is the interconnection customer under the LGIA and the LGIA Amendment. Accordingly, Mojave Solar has a direct interest in the Commission’s decision in this proceeding that cannot be adequately represented by another party. 6. Thus, it is in the public interest to permit Mojave Solar’s intervention in the above captioned proceeding. REQUEST FOR EXPEDITED ACTION 7. Mojave Solar has been informed by SCE that SCE believes it has no justification to request expedited action by the Commission in the instant matter because 3 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM the commercial operation of the Mojave Solar Project and the applicable services required to be provided by SCE under the LGIA as amended by the LGIA Amendment are not expected to commence until the third quarter of 2014. However, Mojave Solar faces a different set of circumstances that motivate its request for expedited action herein. 8. The changes to the LGIA made by the LGIA Amendment, especially the Group 5 Milestone decision point modifications, reduced upgrade and other potential facilities costs in Appendix A and the revised milestone dates in Appendix B, are particularly important to potential investors in Mojave Solar. Mojave Solar is actively working with potential investors with the goal of closing financing by year-end 2013 and must present them with a clear and accurate depiction of the scope, progress and costs of the network upgrades and the milestones to be carried out by Mojave Solar and SCE in order to give the investors sufficient comfort the Mojave Solar Project will achieve commercial operation and resource adequacy in a timely manner. Securing investors also requires an accurate memorialization of the costs of the network upgrades. 9. The updating of the “other potential facilities” in addition to providing more certain on cost exposure will allow for the release of significant funds to Mojave Solar that are currently tied up in project security accounts under Mojave Solar’s financing documents. As noted above, Mojave Solar is currently in the process of constructing the Mojave Solar Project and closing a financing with potential investors, and the identification of all pledged and unpledged cash sources and uses needs to be finalized. 10. The delay in being able to provide certainty with respect to the provisions included in this LGIA Amendment affects Mojave Solar’s ability to effectively manage 4 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM and identify the risks and costs associated with the execution of the project and impacts Mojave Solar’s ability to finalize the tax equity financing of Mojave Solar Project. CONCLUSION WHEREFORE, Mojave Solar respectfully requests that the Commission permit it to intervene in this proceeding with all rights attendant with such status and to accept its request for expedited action in this proceeding, so as to issue an order accepting the LGIA Amendment by November 22, 2013. Respectfully submitted, _/s/ Karen B. Wong_ Karen B. Wong Counsel to Mojave Solar LLC Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street, 30th Floor Los Angeles, CA 90017-5735 Tel: (213) 892-4419 Fax: (213) 629-4000 Email: [email protected] October 24, 2013 5 20131024-5058 FERC PDF (Unofficial) 10/24/2013 12:35:25 PM CERTIFICATE OF SERVICE The undersigned hereby certifies that he has on this day served the foregoing document upon each person designated on the official service list compiled by the Secretary in the captioned proceeding.