NOTICE OF PURPA CONSIDERATION AND HEARING PROCESS TO ALL ELIGIBLE PARTICIPANTS
Cuivre River Electric Cooperative, Inc. (the “Cooperative”) hereby gives public notice regarding the process to be followed by it in implementing the statutory directives in the 2021 Infrastructure Investment and Jobs Act (2021 Infrastructure Bill), which amended the Public Utilities Regulatory Policies Act of 1978 (PURPA). The 2021 Infrastructure Bill established new Federal standards under Section 111(d) of PURPA, which certain nonregulated electric utilities (such as the Cooperative) are required to consider and to “make a determination whether it is appropriate to implement such standard[s]” within certain defined timelines based on evidence collected pursuant to a public notice and hearing.
The two new PURPA standards defined by the 2021 Infrastructure Bill which the Cooperative must consider are set forth below. The “Eligible Participants” in the Cooperative’s PURPA Consideration and Hearing Process consist of any and all active members (on or after the date of this notice) of the Cooperative and the Secretary of the Department of Energy. If any Eligible Participant is not able to access the Cooperative’s website and desires a copy of the statute, that Eligible Participant should contact the Cooperative: (a) by phone: 636-695-4700; (b) by U.S. Mail: at 1112 E. Cherry St., PO Box 160, Troy, MO 63379-0160; or (c) by fax: at 636-528-7696, and a copy will be provided at the cost of the requesting party.
The two new PURPA Standards are summarized below:
1. Demand-Response Practices.
(A) In general
Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
(B) Rate Recovery
A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
2. Electric Vehicle Charging Programs.
Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that:
(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.
In order for the Cooperative to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether it is appropriate to implement such standards, the Cooperative will follow the procedural schedule set forth below (each component of which is more fully addressed in the ensuing portion of this Notice):
· Official Notice of Public Hearing Process and Procedural Schedule – issued August 24, 2023
· Hearing to be held September 28, 2023 at the Cooperative Headquarters
· Written Comments – to be submitted at least 7 days before September 28, 2023
· Rebuttal Comments – to be submitted no later than 10 days after September 28, 2023
· Determination Announcement by the Cooperative’s Board of Trustees – to be rendered on or before September 28, 2023
Notice. This Notice is being posted at the Cooperative’s offices, and may also be posted on its website, a newspaper, or other digital means. Any Eligible Participant may obtain at cost, a copy of the statute incorporating changes from the 2021 Infrastructure Bill at the offices of the Cooperative following the procedures explained above.
Written Comments. These comments (if possible) should be typed (double-spaced) and paginated, with appropriate headings so that the reader will know with specificity which of the two standards is being addressed. The comments should identify the full name of the Eligible Participant along with the address, telephone number, and (if available) the email address of the Eligible Participant. Comments may be submitted at the Cooperative’s office at 1112 E. Cherry St., PO Box 160, Troy, MO 63379-0160. The Cooperative will post all comments submitted by Eligible Participants on its website and will make copies of comments available at cost, to any Eligible Participant that requests a copy.
Rebuttal Comments. The purpose of rebuttal comments (which should conform to the format described above for written comments) is solely to respond to points made in another person’s written comments; therefore, it is important that the person submitting reply comments identify with specificity the written comment(s) to which it is responding and the points (preferably with page references) in the written comments which it is addressing. The filing instructions described above for written comments should be followed for rebuttal comments. The Cooperative will post all rebuttal comments on its website and will make copies of the reply comments available at cost to any Eligible Participant that requests a copy.
Determination. The Determination to be made by the Cooperative as to whether it is appropriate to implement either or both of the two standards will be in writing, will be based on findings supported by the evidence of written record, will be posted on the Cooperative’s website and will be made available for any Eligible Participant at cost.
We urge persons interested in this matter to contact us with any questions as to any of the items discussed above. Thank you in advance for your interest.