1. The Energy Policy Act of 2005 and Its Revisions to PURPA November 11, 2005 Grace D. Soderberg Assistant General Counsel National Association of Regulatory Utility Commissioners Washington, D.C. 202.898.1350; gsoderberg@naruc.org

2. Disclaimer – The views expressed here are my views only. They do not represent the views of NARUC or of any particular NARUC member.

3. PURPA Background and History EPAct 2005 PURPA Standards (Subtitle E of the Electricity Title) –Net Metering –Fuel Sources Standard –Fossil Fuel Generation Efficiency Standard –Smart Metering (with Time-Based Rate Schedules) –Interconnection Standard

4. PURPA Background and History This is the third go-around with PURPA standards –The original PURPA standards in the 1978 Act –The PURPA standards in EPAct 1992 –The five new PURPA standards in EPAct 2005

5. PURPA Background and History A PURPA standard requires each State commission to consider and determine, with respect to each electric utility for which it has ratemaking authority, whether or not it is appropriate to implement the standard for the purposes of carrying out the title.

6. PURPA Background and History Consideration must be made after public notice and hearing. The determination must be in writing and based upon findings included in the determination and upon evidence presented at the hearing..

7. PURPA Background and History Is the standard appropriate to implement PURPA Title I’s purposes? The Title I purposes are to encourage: –Conservation of energy supplied by electric utilities –The optimization of the efficiency of use of facilities and resources by electric utilities –Equitable rates to electric consumers

8. PURPA Background and History Consideration and determination of a PURPA standard is mandatory. Adoption and implementation is NOT mandatory. –But State can determine that the standard is not appropriate to implement –State can determine that a standard is appropriate to carry out the purposes of the title, but decline to implement the standard

9. PURPA Background and History Consideration and determination of a PURPA standard - continued –State can determine the standard is appropriate and implement it –State can determine a standard is not appropriate to implement because of otherwise applicable State law

10. PURPA Background and History Missing the deadlines for determination of a PURPA standard triggers a requirement that the consideration and determination take place in the first subsequent rate proceeding.

11. EPAct 2005 PURPA Standards The five new PURPA standards are: –Net Metering –Fuel Sources Standard –Fossil Fuel Generation Efficiency Standard –Smart Metering (with Time-Based Rate Schedules) –Interconnection Standard

12. EPAct 2005 PURPA Standards Standard8/8/068/8/078/8/08 Net MeteringCD Smart Metering w/investigation deadline of 2/8/07 CD InterconnectionCD Fuel DiversityCD Fossil Fuel Gen. Efficiency CD C=Begin Consideration D=Make Determination

13. Net Metering (§ 1251) Each electric utility to provide net metering available upon request. Service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. Net metering service to any electric consumer that the electric utility serves. Some of the 40 States that already require net metering may not have to make any changes.

14. Fuels Sources Standard (§ 1251) Fuel Sources - Each electric utility to develop plan to minimize dependence on one fuel source and to ensure that electric energy sold is generated using a diverse range of fuels and technologies, including renewable technologies.

15. Fossil Fuel Generation Efficiency Standard (§ 1251) Fossil Fuel Generation Efficiency - Each electric utility to develop and implement 10-year plan to increase the efficiency of its fossil fuel generation.

16. Timelines No later than two years - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each non regulated electric utility shall commence the consideration, or set a hearing date for such consideration. Not later than three years - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each non-regulated electric utility, shall complete the consideration, and shall make the determination.

17. Timelines Prior State Actions – not apply to any standards established in a State, if - –State has implemented for each utility the standard (or comparable standard) –State regulatory authority or nonregulated electric utility has conducted proceeding to consider implementation of standard concerned (or a comparable standard) –State legislature has voted on the implementation of such standard (or comparable standard)

18. Smart Metering (§ 1252) - Times-based Metering and Communications – Requires electric utilities to offer time-based rate schedule and time-based meter capable of offering/receiving such rate - no later than 18 months. - Non-exclusive list of smart metering examples: “Time-of-use pricing” - Prices for specific periods and typically changed twice a year “Critical peak pricing” - Prices for peak days, discounts for reducing peak period consumption “Real-time pricing” - Prices may change hourly “Credits” - Large load customers who reduce a utility’s planned capacity obligations

19. Smart Metering (§ 1252) - Each State regulatory authority shall, no later than 18 months, conduct an investigation and issue a decision whether it is appropriate to implement the standards set out in (A) and (C). - State Commissions have 18 months to conduct an investigation and issue a decision as to whether a time-based rate schedule and accompanying time-based meter equipment is appropriate to implement. - State investigation of Demand Response and Time-Based Metering - each State regulatory authority shall conduct an investigation and issue a decision whether it is appropriate for electric utilities to provide and install time-based meters and communication devices for each of their customers.

20. Smart Metering (§ 1252) Federal Guidance on Demand Response – DOE responsible for educating customers on advanced metering and communications technologies. DOE to work with States, utilities, other energy providers to educate consumers to identify barriers to the adoption of demand response programs. Not later than 180 days – DOE shall provide Congress a report that identifies and quantifies the national benefits of demand response and make recommendation on achieving specific levels of such benefits by January 1, 2007. DOE Recommendations Website – Issued November 7, 2005 – Comments due November 22, 2005.

21. Smart Metering (§ 1252) United States policy on Regional Coordination - encourage States to coordinate, on a regional basis, State energy policies to provide reliable and affordable demand response services to the public. DOE shall provide technical assistance to States and regional organizations to assist them in identifying areas with greatest demand response potential, etc. Federal encouragement of Demand Response Devices – United States policy that time-based pricing and other forms of demand response shall be encouraged.

22. Smart Metering (§ 1252) Not later than one year - FERC shall prepare and publish an annual report, by appropriate region, that assesses demand response resources. FERC Notice of Voluntary Survey and Technical Conference in the Assessment of Demand Response Resources proceeding (Docket No. AD06-2-000) – Issued November 3, 2005. Comments on proposed survey questions due December 5, 2005. Requests to participate in Technical Conference due December 5, 2005. Comments on proposed Technical Conference topics due December 19, 2005.

23. Timelines - Not later than one year - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration, or set a hearing date for such consideration, with respect to the standard. - Not later than two years - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, with respect to the standard.

24. Timelines Prior State Actions – not apply to any standards established in a State, if –State has implemented for each utility the standard (or comparable standard) –State regulatory authority or nonregulated electric utility has conducted proceeding to consider implementation of standard concerned (or a comparable standard) –State legislature has voted on the implementation of such standard (or comparable standard) Occurred within the three years prior to the enactment of EPAct 2005.

25. Interconnection (§ 1254) Each electric utility shall make available, upon request, interconnection service to any electric consumer that the electric utility serves. Interconnection service is to an electric consumer under which an on- site generation facility on the customer’s premises must be connected to the local distribution facilities. Interconnection services shall be offered based on IEEE standards (as they may be amended from time to time). Services offered shall promote current best practices of interconnection for distributed generation (including but not limited to the NARUC Model).

26. Timelines - Not later than one year - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration or set a hearing date for consideration. - Not later than two years - each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination.

27. Timelines Prior State Actions – not apply to any standards established in a State, if –State has implemented for each utility the standard (or comparable standard) –State regulatory authority or nonregulated electric utility has conducted proceeding to consider implementation of standard concerned (or a comparable standard) –State legislature has voted on the implementation of such standard (or comparable standard) · Some of the 35 States that already have interconnection standards may not have to make any changes.

28. EPAct 2005 PURPA Deadlines Standard8/8/068/8/078/8/08 Net MeteringCD Smart Metering w/investigation deadline of 2/8/07 CD InterconnectionCD Fuel DiversityCD Fossil Fuel Gen. Efficiency CD C=Begin Consideration D=Make Determination

29. Conclusion Thank you for the opportunity to speak to you today. My Contact Information: Grace D. Soderberg 202.898.1350; gsoderberg@naruc.org