White River Electric legal


Associated Electric Cooperative, Inc. (“Associated”), along with KAMO Electric Cooperative, Inc., Sho-Me Power Electric Cooperative, and White River Valley Electric Cooperative, Inc.  (collectively its Member-owners or “Participating Members”) hereby give notice of their proposed Joint PURPA Implementation Plan (“Implementation Plan”) to implement jointly their obligations under Section 210 of the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and under Part 292 of the Regulations of the Federal Energy Regulatory Commission (“FERC”).  Section 210 was enacted to encourage production of electric energy by qualifying cogeneration and small power production facilities (“QFs”).  Associated and the Participating Members further give notice that on or after February 15, 2017, they will file with FERC a joint petition for waiver of certain obligations under Section 292.303 of the FERC’s Regulations.


Part 292 of FERC’s Regulations sets forth the requirements regarding arrangements between electric utilities and QFs. Part 292 requires electric utilities to purchase and sell energy and capacity from and to QFs. Under the proposed Implementation Plan (and subject to terms and conditions imposed pursuant thereto), Associated and the Participating Members would agree to (1) permit any QF to interconnect with the transmission or distribution system of any Participating Member to the extent such QF is entitled to interconnection under Part 292; (2) permit any QF to sell energy and capacity to Associated at rates that comply with Part 292 to the extent that (a) a Participating Member would otherwise be required to purchase from such QF and (b) the QF delivers power to the Participating Member’s system at a point where the Participating Member provides retail service with energy ultimately purchased from Associated; and (3) permit any QF to purchase supplementary, backup, maintenance and interruptible power on either a firm or non-firm basis from a Participating Member at rates that comply with Part 292.  The proposed Implementation Plan may be modified based on public comments, FERC’s response to the petition for waiver described below or otherwise as appropriate.


The proposed Implementation Plan is available for review by interested parties at the offices of White River Valley Electric Cooperative, Inc.  Copies will be sent to interested parties upon request.  Written comments on the proposed Implementation Plan must be submitted on or before January 19, 2017 to 2449 East Highway 76, P.O. Box 969, Branson, MO 65615, Attention: Chris Hamon, Chief Executive Officer.  Copies of written comments will be made available to interested parties.  In addition, any interested party may request a public hearing on the proposed Implementation Plan by submitting a written request to the above address no later than January 19, 2017.  If timely and properly requested, one or more hearings on the Implementation Plan will take place prior to the FERC filing referenced below.  Details regarding the date, time and location of any such hearing(s) will be sent to each person requesting a hearing.  A representative of Associated and the Participating Members will be present at the hearing(s).


In connection with the proposed Implementation Plan, and pursuant to Section 292.402 of FERC’s Regulations, on or after February 15, 2017, Associated, on behalf of itself and the Participating Members, intends to apply for a waiver of certain obligations under Section 292.303 of FERC’s Regulations which, if granted, would result in all purchases from QFs being made by Associated and all sales to QFs interconnected with the Participating Members being made by the Participating Members.  More information on the waiver request is provided in the Implementation Plan. Persons wishing to comment on the waiver request should follow the procedures for written and oral comments on the Joint PURPA Implementation Plan.