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Renew Missouri WHITNEY’S PROJECTS

Whitney MCMurdie's Intern Presentation Fall 2013 Legal

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Page 1: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

Renew MissouriWHITNEY’S PROJECTS

Page 2: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

Project Description1. Springfield/ Clarkson Valley Ballot Initiative Feasibility

Research how to get an initiative on the ballot & what the initiative would entail.

2. Update dropbox folders with docket files from EFFIS (electronic information filing system)

Download, Copy, & Paste

3. Help staff attorney (Andrew) read through docket files for pending cases, and misc.

Read testimony, depos, etc. and send memo to Andrew

4. Research appeals process from the PSC

In the event we don’t get a favorable outcome for the 1% cases, know the appeals process and inform Andrew of it.

5. Listen to PSC (Public Service Commission) Committee Meeting to speculate how they will rule on our case.

EC-2013-0377 Ameren and Empire

6. Columbia Water & Light (CW&L) Remote Net Metering and Community Solar

-Research Missouri law re net metering -Attend a pre city counsel meeting discussing a possible comm. solar program.

7. Data Requests Compile excel sheet to help staff attorney more easily figure out what data requests we want a copy of.

PROJECTS:

Page 3: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

1) Main objective:a. Figure out how to get an initiative on the Springfield ballot for

solar rebates. 2) Why need an initiative?a. Missouri is a “home rule” state.

b. This means that the city municipality is able to govern itself to a large extent as long as they still abide by the state and federal constitution.

3) Major challenges presented:a. Increase in # of signatures needed from 7%-10% approx. 7, 200

valid signatures.

b. “Appropriations”

SPRINGFIELD BALLOT INITIATIVE:

Page 4: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

1. City government is made up of a mayor and his board of aldermen.

2. Solar Energy System Ordinance: a. Building Code art. I §500.020, Ch. 23

b. This ordinance specifies the rules governing the installation of solar on individual houses and office buildings.

c. Does not include a provision for solar rebates to be given. 3. There is no city charter. 4. Municipal Code does not mention a referendum or

initiative process.

CLARKSON VALLEY

Page 5: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

1) Lots of reading…2) Synthesizing information from the cases3) Researching relevant law for the cases

that we are working on4) Look up procedural rules when needed5) Writing up a memo of the information I

read so staff can use them as a quick reference.

PROJECTS FROM STAFF ATTORNEY (ANDREW): WHAT THEY ENTAIL

Page 6: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

Before After

EFFIS:

Page 7: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

File notice of appeal with the commission: RSMo §386.5151. must be done within 30 days after the application for a rehearing id denied, or if

granted then within 30 days after the rendition of the decision on rehearing. 2. the commission with then forward the case to the WD Court of Appeals. 

Conents of the Notice: 1. application for rehearing2. copy of reconciliation requirement per sub-section 4 of 386.420 (see below)3. concise statement of issues to be appealed 4. full and complete list of the parties to the commission proceeding5. Any other information specified by the rules of the court

Other important information: 6. No new or additional information may be introduced in the appellate court, but the

cause shall be heard by the court without intervention of a jury on evidence and exhibits introduced before the commission and certified to it. 

7. Case will be certified within 30 days of the filing of the notice of appeal.  

APPEALS PROCESS

Page 8: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

TEMPLATES:

Page 9: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

1. Hydroelectric Power: Concerns the counting of existing hydropower generators of less then 10

MWatt as eligible renewable energy source. Argument: whether the language of the statute says that each generator

within the plant has to be less than 10 Mwatt or whether the entire plant has to be less than 10 Mwatt (we argue the latter)

2. Compliance to RES with Pre-Compliance Era RECs: Whether RECs purchased before 2011(the first compliance era) can be

applied3. Geographic Sourcing Requirement: If RECs are purchased from another states does the utility have

to show evidence that that energy was actually used in MO? 1. Constitutional Argument: JCAR didn’t have the authority to change the language of the rule before it

was implemented.

PSC MEETING MINUTES: EC-2013-0377 (AMEREN &

EMPIRE)

Page 10: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

• Can Columbia do a remote net metering program?

• CW&L net metering policy was not in compliance with net metering law

• Conditioned receiving retail value for energy produced on giving the energy to CW&L (PJ, AL, and I discussed this with JH)

CW&L

Page 11: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

What is it?1. Not located on property but receive either power or financial credits.

2. Few states mandate community solar. (CA, CO, DC)

3. Offers solar at competitive rates or less than what they would pay to install on their house (Allows people to take advantage of economies of scale).

4. Many states are using community solar to comply with RES

What are the options for implementing?5. Capacity based: Customer is either buying a KWatt or KWatt Hr Bill for generation = generation actually produced or based on as established rate based on the

total life generation of the KWatt.

6. Generation based: Customer id buying a KWatt Hr Have to make sure to generate the amount of KWatt hours that you are selling to people i.e. Sacramento only sells up to 95% of its energy needs for any given period so they have a

5% buffer to make sure they are producing enough renewable energy to meet the community solar demand.

COMMUNITY SOLAR

Page 12: Whitney MCMurdie's Intern Presentation Fall 2013 Legal

DATA REQUESTS