State Briefs
This week's state briefs include news on Arkansas, California, Colorado, Michigan, New Mexico, Oklahoma, South Dakota, Texas and others.

ARKANSAS

EPA Finalizes State’s Regional Haze Plan

EPA has finalized a federal implementation plan for compliance with its Regional Haze Rule for the state, but regulators and at least one generator say they may appeal the decision.

The final rule calls for increased emissions control at three coal-fired plants and three natural gas-fired plants, in addition to a paper mill. One of the plant owners, Entergy, said compliance measures could cost it up to $2 billion and that the company is exploring its options. State environmental officials may also appeal the rule.

More: KUAR; ArkansasOnline

CALIFORNIA

Imperial Irrigation District Strikes Net Metering Agreement

imperialirrigation(imperial)Imperial Irrigation District, which generated public backlash after it cut off enrollment in its net metering program earlier this year, will allow as many as 1,300 new rooftop solar customers to sign up for the preferential rate.

The district, which provides electrical service to 150,000 customers, reached a deal with the solar industry and state lawmakers to enable any customers who applied for a solar interconnection permit and received a building permit by April 1 to enroll in the program.

IID struck the compromise in the face of possible passage of legislation that would have expanded the eligibility period to July 19.

More: The Desert Sun

Appeals Court Denies Release Of PUC-San Onofre Emails

sanonofre(nrc)A state appeals court last week reversed a lower court decision that would have forced the Public Utilities Commission to disclose its communications related to the agency’s settlement with Southern California Edison over the closure of the San Onofre nuclear generating station. 

The appellate court sided with the PUC, which argued that the communications involved privileged information regarding a rate case. San Diego attorney Michael Aguirre had sought to release the emails to determine whether Gov. Jerry Brown was party to ex parte, private negotiations between former PUC President Michael Peevey and the utility ahead of the settlement. Peevey, a former SoCalEd executive, stepped down from the commission after the negotiations were revealed.

Though the court denied disclosure, it recommended Aguirre submit his request to the PUC under the state’s Public Records Act and, if denied, take his case directly to the appeals court. Aguirre said he will appeal to the state Supreme Court.

More: The Sacramento Bee

COLORADO

Co-op to Shutter 2 Plants Under Regional Haze Plan

The Tri-State Generation and Transmission Association said it will retire more than 500 MW of coal-fired generation in the next decade in order to comply with the state’s implementation plan for EPA’s Regional Haze Rule.

The electric cooperative said it plans to shutter the 100-MW Nucla Station in Montrose County by 2022, along with the nearby mine that feeds the plant. It also plans to close the 427-MW Unit 1 at the Yampa Project by 2025, although two other units at the site will continue to operate. It said it is more economical to close the units rather than retrofit them to comply with the regulations.

“Tri-State has worked tirelessly to preserve our ability to responsibly use coal to produce reliable and affordable power, which makes the decision to retire a coal-fired generating unit all the more difficult,” the company said. “We are not immune to the challenges that face coal-based electricity across the country.”

More: The Denver Post

MICHIGAN

Agencies Approve $89.5M In Energy Assistance

MichiganAgencyforEnergy(gov)The Agency for Energy and the Department of Health and Human Services approved $89.5 million in Energy Assistance Program grants last week for 14 nonprofits and utilities.

The grants are meant to help low-income residents pay electric bills. Among the organizations and municipalities that received multi-million dollar grants, DTE Energy received $17 million and Consumers Energy received $13.2 million. The Salvation Army also received $13.7 million, while TrueNorth Community Services received $15 million.

More: WSYM

NEW MEXICO

Regulators Promise Decision On PNM Rate Case by Sept. 28

NewMexicoAubreyDunn(gov)
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The Public Regulation Commission said it will issue a decision within a month on Public Service Company of New Mexico’s rate-increase request. The PRC’s announcement came after most parties in the case objected to reopening hearings.

PNM proposed a 15.8% rate hike earlier this year to cover its investments in power and energy-efficiency measures. In early August, a PRC hearing examiner recommended a 6% increase, saying PNM hadn’t justified the higher rate.

PRC acting general counsel Michael Smith said that as a result of the nearly “uniform” opposition to holding more hearings, “We are going to make a decision based on the recommended decision that was issued by Carolyn Glick,” the hearing examiner.

More: Santa Fe New Mexican

Regulator Approves ROW for Southline Transmission Project

NMPublicRegCommission(gov)Land Commissioner Aubrey Dunn last week gave right-of-way approval to the Southline Transmission Project, a proposed 345-kV double-circuit line that would cross into Arizona. Developers must still submit detailed plans about the exact location of structures and roads associated with the line, along with cultural and biological surveys.

Sponsored by Hunt Power subsidiary Southline Transmission, the line will provide up to 1,000 MW of transmission capacity in both directions and connect with as many as 14 existing substation locations.

More: Albuquerque Journal

OKLAHOMA

OCC Orders Fracking Wells Shut down After Earthquake

A magnitude-5.6 earthquake last week spurred state regulators to order 37 fracking waste disposal wells to shut down over a 725-square-mile area.

The order came from the Corporation Commission’s Oil and Gas Division. Gov. Mary Fallin said the commission is coordinating with well operators around the town of Pawnee and that several buildings in the Pawnee Nation had been rendered uninhabitable by the quake. She also said EPA is assessing the region.

The wells will close within 10 days of the order, according to a schedule the commission says is necessary because scientists have warned that a sudden shutdown could provoke another earthquake. A commission spokesperson said the wells were ordered closed because of the link found by the U.S. Geological Survey between wastewater disposal and the increased number of earthquakes in the region, particularly in the state.

More: CNNMoney; Bloomberg News; The Associated Press

Wind Opponent Seeks to End Tax Credits Next Year

WindWaste, an organization opposed to wind power incentives, estimates that future wind developments could force the state to shell out more than $500 million annually in zero-emissions tax credits by 2019.

The subsidy is set to sunset on Jan. 1, 2021, but WindWaste wants lawmakers to end the credit by July 1, 2017. The next legislative session begins in February.

Representatives of the wind industry say WindWaste’s estimates of $5.2 billion in payouts by 2030 is wildly inflated. It argued that the group based its predictions on the amount of generation in SPP’s interconnection queue, which only has a buildout rate of about 15%, it says.

More: The Oklahoman

SOUTH DAKOTA

Developers of Wind Project Withdraw Request for Permit

Developers of the Prevailing Winds project asked state regulators last week to withdraw their application for a permit. The retreat came one week after a raucous, four-hour community meeting near Pierre.

Public Utilities Commission Chair Chris Nelson said the request was “unexpected.” The request came shortly before the commission’s Aug. 30 meeting and could be considered at its Sept. 13 meeting.

Prevailing Winds would produce about 200 MW of electricity. By asking to have its application dismissed without prejudice, developers could again apply for a permit at a later date.

More: Rapid City Journal

TEXAS

Austin City Council Approves Rate Cut

austinenergy(austinenergy)The Austin City Council last week unanimously approved Austin Energy’s request to redo its residential electric rates, but not before the city-owned utility first dropped a controversial proposal for an increase. Under the revised rate structure, the municipal utility’s 400,000 residential customers would see bills cut by about $62/year.

The council also signed off on $42.5 million in annual cuts that Austin Energy and its major customers agreed to earlier this month. Most of those cuts will go toward reducing electric bills for industrial and commercial customers. Major customers, such as data centers and large hospitals, will see their electric rates cut 24%.

The utility’s original proposal came under attack because of Austin Energy’s tiered residential price structure: Customers pay the base rate for their first 500 kWh of electricity and higher rates for subsequent blocks of 500 kWh.

More: Austin American-Statesman

VIRGINIA

SCC Examiner Affirms Right To Third-Party Solar Financing

VaStateCorpCommish(gov)A State Corporation Commission hearing examiner rejected an argument by Appalachian Power that third-party solar financing was illegal, paving the way for homeowners to sign up for the popular method of paying for residential solar-system installations.

“Today’s decision is an important win for solar rights in Virginia, which has continued to lag behind neighboring states on solar because of outdated policies and utility opposition like we saw from Appalachian Power in this case,” said Will Cleveland, staff attorney at the Southern Environmental Law Center. “The ruling confirms that Virginians have the right to use common sense financial tools to choose solar power without utilities acting as the middle men.”

The utility argued that third-party financing, in which homeowners paid for solar systems through monthly contracts, was legal only under a Dominion Power pilot project. The ruling now goes before the full commission for public comments and final briefs.

More: The Energy Fix

WISCONSIN

Regulators Approve Enbridge Pipeline Replacement

wisconsindeptnatresources(gov)The Department of Natural Resources has granted a waterway and wetlands permit for Enbridge Energy to replace a section of old oil pipeline.

Ben Callan, a DNR water management specialist, said the permit is for replacing a 14-mile stretch of Line 3, a 1960s-era pipeline. The pipeline had been operating at a diminished capacity after Enbridge recently found issues during integrity tests. The new section will have a 36-inch diameter and be able to carry up to 760,000 barrels per day.

Callan said that the permit requires the hiring of an independent consultant to oversee compliance. Enbridge spokeswoman Shannon Gustafson said the company has not set a timeline for construction.

More: Wisconsin Public Radio

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