NOTICE OF PURPA CONSIDERATION AND HEARING PROCESS TO ALL ELIGIBLE PARTICIPANTS Issued: February 3, 2009
WITHLACOOCHEE 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 Energy Independence and Security Act of 2007 (EISA 2007), which amended the Public Utilities Regulatory Policies Act of 1978
(PURPA). EISA 2007 established new Federal standards under Section 111(d) of PURPA, which each non-regulated electric utility (such as the Cooperative) is
required to consider and to “make a determination whether or not it is appropriate to implement such standard[s]” within certain defined time lines based on
evidence collected pursuant to a public notice and hearing.
The four new PURPA standards defined by EISA 2007 which the Cooperative must consider are set forth below. A copy of the complete legislative language
relevant to these standards is posted on the Cooperative’s website at www.wrec.net. The “Eligible Participants” in the Cooperative’s PURPA Consideration and
Hearing Process consist of any and all active members 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 legislative language, that Eligible Participant should contact the Cooperative: (a) by
phone: 352-567-5133; (b) by U.S. Mail: P.O. Box 278 Dade City, Fl.33523-0278; (c) by email: at dlambert@wrec.net, and a copy will be provided at cost.
The four new PURPA Standards are summarized below:
Integrated Resource Planning. Each electric utility shall integrate energy efficiency into its plans, and adopt policies establishing cost-effective
energy efficiency as a priority resource.
Rate Design Modifications to Promote Energy Efficient Investments. The rates allowed to be charged by any electric utility shall align utility incentives
with the delivery of cost-effective energy efficiency, and promote energy efficiency investments.
Smart Grid Investment. Each State shall consider requiring that, prior to undertaking investments in non-advanced grid technologies, an
electric utility of the State demonstrate to the State that the electric utility considered an investment in a qualified smart grid system based on
appropriate factors, including total costs, cost-effectiveness, improved reliability, security, system performance, and societal benefits.
Smart Grid Information. All electricity purchasers shall be provided from their electricity provider direct access, in written or
electronic machine-readable form as appropriate, to information concerning their energy usage and time-based electricity prices in the wholesale electricity
market, along with retail prices or rates that are available to purchasers. Further, purchasers shall be provided annually with written information on the
sources of power provided by the utility, by type of generation, including the greenhouse gas emissions associated with each type of generation for intervals
during which such information is available on a cost-effective basis.
Please note that the Cooperative purchases its full power requirements from Seminole Electric Cooperative, Inc. (Seminole) under a long-term
full-requirements contract. For this reason, the Cooperative may not be able to effect certain of the PURPA standards, and its ability to effect aspects
of some standards may be limited as well. Commenters are urged to take such limitations into account when presenting their views. The Cooperative notes,
however, that Seminole follows policies consistent with the Integrated Resource Planning Standard, which the Cooperative supports.
Please further note that the Smart Grid Investment Standard as written applies to State regulatory authorities, not utilities such as the Cooperative.
Nonetheless, the Cooperative will consider this Standard as if its intended application was for the Cooperative.
In order for the Cooperative to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether or not 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):
Notice of Public Hearing and Procedural Schedule – issued February 3, 2009
Initial Comments – to be submitted on March 31, 2009
Reply Comments – to be submitted on or before May 8, 2009
Notice of Intent to Participate in Public Hearing – to be submitted on or before June 1, 2009
Public Hearing – to be held on July 21, 2009, commencing at 9:00 a.m. at 14651 21st ST. Dade City, FL. 33523
Determination – to be rendered on or before November 30, 2009
Notice. This Notice is being posted at the Cooperative’s offices, on its website, and a notice was sent to all the Cooperative’s active members
direct mail via the February Member News. Any Eligible Participant may obtain at cost, a copy of the relevant portions of EISA 2007 at the offices of the
Cooperative following the procedures explained above.
Initial Comments. These comments (if possible) should by typed (double spaced) and paginated, with appropriate headings so that the reader will know
with specificity which of the four standards is being addressed. The comments should identify the name of the commenting party along with the address,
telephone number, and (if available) the email address of the commenting party. The Cooperative requests that at least three copies of the comments be filed
at its office at 14561 21st ST. Dade City, Fl 33523 or alternatively a single copy may be electronically filed at dlambert@wrec.net. 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.
Reply Comments. The purpose of reply comments (which should conform to the format described above for initial comments) is solely to respond to
points made in another person’s initial comments; therefore, it is important that the person submitting reply comments identify with specificity the initial
comment(s) to which it is responding and the points (preferably with page references) in the initial comments which it is addressing. The filing
instructions described above for initial comments should be followed for reply comments. The Cooperative will post all reply comments on its web site and
will make copies of the reply comments available at cost to any Eligible Participant that requests a copy.
Notice of Intent to Participate in Public Hearing. Any Eligible Participant that intends to participate in the Public Hearing is requested
to notify the Cooperative in writing (either by mail at the Cooperative’s office address noted above, by fax at the fax phone number noted above, or by email
at the email address noted above). The notification should indicate at least the following: (i) the name and address of the person requesting to participate;
(ii) whether the person filed initial and/or reply comments; (iii) whether the person desires to make an oral presentation and if so, the anticipated length;
and (iv) whether any special accommodations need to be made for the presenter.
Hearing. The hearing will be held at the Billy E. Brown Corporate Center 14561 21st ST. Dade City, Fl. 33523 and will be presided over by an
impartial third party selected by the Cooperative. The procedures to be followed at the hearing will be determined by the presiding officer with the goal of
ensuring a full and fair record on the issues. It is contemplated that a one-day hearing will be adequate, but if that is not the case, the hearing will
continue on ensuing days until completed. The purpose of the hearing is to collect evidence in addition to that found in the written comments; a person need
not participate in the hearing for his/her written comments to be considered. A transcript of the proceeding will be made and will be posted on the
Cooperative’s website and made available to an Eligible Participant at cost.
Determination. The Determination to be made by the Cooperative as to whether or not it is appropriate to implement any of the four standards
will be in writing, will be based on findings supported by the evidence of 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.