IL ATTORNEYS AT LAW Direct Dial: 304.340.3895 [email protected] February 14,2014 VUHAND DELIWRY Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 Re: Case No. 14- 02 73 - E-CS- f id BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief Dear Ms. Ferrell: Enclosed for filing on behalf of Beech Ridge Energy LLC (“Beech Ridge”) please find an original and twelve copies of “Beech Ridge Energy LLC’s Application for Waiver of Requirement of Modification or Amendment for its Siting Certificate, or, in the Alternative, Petition for a Modification of a Siting Certificate” (the “Application”) to permit Beech Ridge to construct an energy storage device (“ESD”) in Greenbrier County, West Virginia adjacent to the substation previously constructed pursuant to the Public Service Commission of West Virginia’s (the “Commission”) Order in Case No. 05-1590-E-CS on August 28, 2006 (the “Siting certificate”). In the Application, Beech Ridge respectfully requests that the Commission waive any requirement that Beech Ridge obtain a modification or amendment to the Certificate in connection with the planned installation of an ESD at the Beech Ridge Wind Farm that is currently in operation in Greenbrier and Nicholas Counties, West Virginia. In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge respectfully requests that the Commission enter an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD. Also enclosed are: (1) An original and twelve copies of Form No. 2 “Notice of Filing” of the Rules Governing Siting; Certificates for Exempt Wholesale Generators, (the “Siting Rules”), W. Va. Code St. R. tit. 150, 8 30-1, et seq. The ESD project will be wholly constructed in Greenbrier County. Thus Beech Ridge would propose, unless the Spilman Center 300 Kanawha Boulevard, East I Post Office Box 273 I Charleston, WestVirginia 25321-0273 w.spilrnanlaw.com 304.340.3800 304.340.3801 fax West Virginia North Carolina Pennsylvania Virginia SPILMAN THOMAS & BATTLE,ptLc ATTORNEYS AT LAW Ms. Ingrid Ferrell February 14,2014 Page 2 Commission objects, to publishing the Notice of Filing in newspapers published and circulated in Greenbrier County, and would also propose to publish the Notice of Filing in Kanawha County. The Notice of Filing has been sent electronically to the Executive Secretary’s Office; and (2) An original and twelve copies of Form No, 3 “Application for Modification to or Amendment of a Siting Certificate” Pursuant to the requirements of Rule 6.5 of the Siting Rules and Longview Power, LLC, Case No. 03-1860-E-CS-CN, at 42 (Comm’n Order Feb. 16,2007), Beech Ridge has enclosed a check representing the minimum filing fee of $1,000.00. Please do not hesitate to contact me if you have any ques GPHS/rlm:5783653 Enclosures PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARCESTON CASE NO. 14- BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief BEECH RIDGE ENERGY LLC’S APPLICATION FOR WAIVER OF REQUIREMENT OF MODIFICATION OR AMENDMENT FOR ITS SITING CERTIFICATE, OR, IN THE ALTERNATIVE, PETITION FOR A MODIFICATION OF A SITING CERTIFICATE I INTRODUCTION COMES NOW Beech Ridge Energy LLC (“BRE I” or “Beech Ridge”), by counsel, and pursuant to Rule 6.1 of the Public Service Commission of West Virginia’s (the “Commission”) Rules Governing Siting Certificates for Exempt Wholesale Generators, (the “Siting Rules”), W. Va. Code St. R. tit. 150, 0 30-1, et sea, respectfully requests that the Commission waive’ any requirement that Beech Ridge obtain a modification or amendment to its existing siting certificate (the “Certificate”) in connection with the planned installation of an energy storage device (“ESD”) at the Beech Ridge Wind Farm (the “Wind Farm” or the “Project”) that is currently in operation in Greenbrier and Nicholas Counties, West Virginia? In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge respectfully requests that the Commission enter an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD. ~~ Beech Ridge has used the term “waiver” because it is set forth in 6.1 of the Siting Rules as the mechanism to accomplish the instant request. Should the Commission conclude that a “waiver” is not the appropriate remedy, Beech Ridge respectfully requests that the Commission issue a determination that the modification sought herein is not material. * The combined wattage of BRE I, the previously certificated Beech Ridge Energy I1 LLC project and the proposed ESD will not exceed 186 megawatts (“MW) of generation, which was previously approved by the Commission in this case, At present, BRE I has constructed 67 turbines, producing 100.5 MW. Beech Ridge represents that the ESD will not constitute a material modification to the Wind Farm in that it will not alter the design, change the footprint, or increase the transmission or generation of the Wind Farm, nor will it materially affect viewshed, sound levels, emissions or other environmental concerns with regard to the Project. Beech Ridge also requests that the Commission retain this Petition for decision, and accord it expedited consideration pursuant to the Commission’s procedure^.^ 11. FACTUAL AND PROCEDURAL BACKGROUND 1. On November 1, 2005, Beech Ridge filed with the Commission, pursuant to W. Va. Code $0 24-2-1(c) and 24-2-1 IC, an application for a siting certificate for the construction and operation of a wholesale electric generating facility, including a 138 kV related transmission support line, associated interconnection facilities, and other necessary appurtenances (the “Application”). 2. On August 28,2006, the Commission granted Beech Ridge a siting certificate for a wind-powered generating facility of up to 186 MW capacity to be located nine miles northeast of Rupert in Greenbrier County and for an approximately 13.8 mile 138 kV transmission line to connect the generating facility to Allegheny Power’s (now Monongahela Power, a FirstEnergy Company) Grassy Falls substation near Nettie in Nicholas County. By its terms, the siting certificate was contingent upon various pre-construction, post-construction and operational conditions, (Comm’n Order, August 28, 2006, at 1, 87). Certain intervenors petitioned the Commission to reconsider the order, and on January 11, 2007, the Commission denied these petitions. A full filing fee is not necessary for a waiver petition pursuant to Rule 6.1 of the Siting, Rules, unless the Commission determines that the modification is material. See Lonaview Power, LLC, Case No. 03-1 860-E-CS-CN, at 42 (Comm’n Order Feb. 16,2007). Beech Ridge has tendered the minimum filing fee under Rule 6.5 of the Sitine. Rules, and, should the Commission determine that the modification sought herein is “material,” Beech Ridge shall submit the required fee forthwith. 2 3. The case was appealed twice to the Supreme Court of Appeals of West Virginia, where the Commission Orders were affirmed. Beech Ridge satisfied the conditions in the Commission’s August 28, 2006 Order, and ultimately sixty-seven wind turbines representing 100.5 MW were completed and placed into service in 2010. 4. In Animal Welfare Institute v. Beech Ridge Energy, 675 F. Supp. 2d 540 (D. Md. 2009) (the “Federal Litigation”), Beech Ridge opponents sought to enjoin construction of the Project, alleging that it would “take” listed Indiana bats in violation of Section 9 of the Endangered Species Act (“ESA”). In early 2010, the federal District Court approved a settlement that prohibited construction beyond sixty-seven wind turbines until Beech Ridge had secured an Incidental Take Permit (“ITP”) under Section 10 of the ESA from the United States Fish and Wildlife Service (“USFWS”). 5. Beech Ridge began the process of securing the ITP in January 2010 and was issued an ITP on December 5,2013. 6. In the meantime, on August 24, 2012, Beech Ridge Energy I1 LLC (“BRE 11”) applied for a siting certificate for the construction of up to 33 turbines, which could generate between 53.5 and 85.5 MW, on land adjacent to the land where the 67 BRE I turbines are installed. This is the project known as the BRE I1 Project, for which the Commission entered an Order granting it a separate siting certificate with conditions on June 19, 2013. As of February 2014, construction has not commenced on BRE 11.4 111. TECHNICAL DATA 7. The ESD will have a combined nominal output of up to 32.4 MW, comprised of 18 1.8 MW modules consisting of lithium-ion batteries, inverters, transformers and cooling It should be noted that the 100.5 MW BRE I Wind Farm currently operating is sufficient for the proposed ESD to function and to provide the benefits set forth below. 3 systems.’ The lithium-ion batteries used in the ESD are the same kind of batteries used worldwide in a variety of applications, including cordless power tools and battery powered or hybrid vehicles. The batteries are grouped into battery packs or modules that are loaded into trays and the trays are mounted in floor-to-ceiling racks inside a standard shipping container. Exact configuration and dimensions of the container will vary depending on the final vendor selected to provide the battery units. The shipping containers used by one likely vendor are 40’ long, 8’ wide and 9-112’ tall. 8. Each 1.8 MW module includes: one standard shipping container housing four battery strings; four 450 kW inverters to convert power between direct current and alternating current; a chiller to cool the battery containers; and a transformer for the inverter.