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UTC reviews PURPA Standards in the Independence and Security Act of 2007.

On March 24, 2010, the commission filed with the Code Reviser an Order Adopting Rule Permanently in this docket. The order adopts WAC 480-100-505 Smart grid technology report. The Order with appendices are available by clicking here. The staff memoranda is also availabe. The rule will become effective on April 24, 2010.

Background/Preproposal Statement of Inquiry/Proposed Rulemaking (CR-102):

The commission filed a Preproposal Statement of Inquiry (CR-101) with the Office of the Code Reviser on March 18, 2009, to examine whether new regulations are needed to govern six aspects of investor-owned electric and natural gas utility operations for which new federal standards are included in the Energy Independence and Security Act of 2007, Public Law 110-140 (EISA). For electrical companies, these new federal standards address: 1) integrated resource planning; 2) rate design to promote energy efficiency investment; 3) consideration of smart grid investments; and 4) smart grid information. For natural gas companies, these new federal standards address: 1) rate design to promote energy efficiency investment; and 2) energy efficiency.

The commission initiates this inquiry to consider the six new federal standards. Each standard is listed in the Notice of Opportunity to Comment as set forth in EISA. A number of interested persons filed written comments in response to the CR-101. The commission finds it appropriate to convene a workshop to discuss the proposed federal standards and the written comments it has received.

On May 21, 2009, the commission held a stakeholder workshop to examine whether new or modified regulations or policy statements are needed to govern the aspects of investor-owned electric and natural gas utility operations proposed as new federal standards in the EISA. To assist stakeholders in preparing for the workshop, commission staff will prepare a workshop agenda and a matrix listing the filed written comments.

During the workshop, several interested persons requested that the commission allow post-workshop comments to be filed to address questions raised during the workshop that could not be readily answered at that time. Therefore, the commission asks that any interested person wishing to provide additional comments on subjects discussed during the workshop do so by June 1, 2009. The commission requests that the commenters specifically focus on the questions raised by the rulemaking team at the workshop. A list of the questions can be found here.

After reviewing the various stakeholder comments, the commission finds it appropriate to convene a hearing to discuss further steps in this rulemaking including, but not limited to, termination of this rulemaking with regard to any of the aforementioned federal standards addressing electric and natural gas company operations. The commission convened a hearing on Thursday, August 13, 2009, beginning at 1:30 p.m.

On July 30, 2009, the commission issued a memorandum from staff to close the rulemaking for Electricity Standards 16(A) and (B), Standard 17, Standards 18(B) and (C), Standard 19, and Natural Gas Standard 5 and Standard 6.

On September 14, 2009, the commission entered Order 01, Order Determining Not to Implement or Adopt Certain Federal Electric and Natural Gas Utility Standards; Terminating Rulemaking and Closing Docket Related to Those Standards; and Continuing Rulemaking Related to Federal Electric Utility Standard For Smart Grid Technology. Order 01 states that the commission rulemaking team shall prepare a discussion draft rule for PURPA electric utility Standard 18(A) that would require electric utilities to report on their evaluation and implementation of smart grid technology, and then solicit further comments from stakeholders on this discussion draft rule.

The commission filed a Notice of Proposed Rulemaking (CR-102) with the Code Reviser regarding smart grid reporting rules on December 23, 2009. The commission developed the proposed rule, WAC 480-100-505, with the benefit of substantial stakeholder advice. The commission invites written comments on the proposed rule by January 28, 2010. The commission has set an adoption hearing for Thursday, February 25, 2010, at 1:30 p.m. at UTC headquarters in Olympia. A comment summary matrix and a hearing memo with commission responses to the CR-102 comments is available. As a result of the CR-102 comments, the commission intends to make a non-substantive change to WAC 480-100-505(2)(a)(vi). An opportunity to comment on the proposed rule and on the non-substantive edit will be provided at the hearing.

For additional information about this rulemaking, contact Steve Johnson at (360) 664-1346 or e-mail at <sjohnson@utc.wa.gov>. (Docket U-090222, see "Documents" link below for more information).


Posted/updated: 03/26/2010
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