On January 31, 2013, the Arizona Corporation Commission (“ACC” or “Commission”) issued Decision Nos. 73636 for Arizona Public Service Company (“APS”), 73637 for Tucson Electric Power Company (“TEP”), and 73638 for UNS Electric, Inc. (“UNS”). Those Decisions directed that the Commission would consider a proposed “Track and Record” mechanism for APS, TEP and UNS (“collectively, “Utilities”) at a hearing as part of the Utilities’ 2013 Renewable Energy Standard Tariff (“REST”) filings. In addition, the Commission directed the Hearing Division to include within the scope of the hearing the subject matter of ACC Commissioner Gary Pierce’s withdrawn Amendment No. 2, which would have required the exclusion of retail sales to the utilities’ largest customers (3MW or greater in demand) from their overall retail sales calculation under the Renewable Energy Standard and Tariff, specifically A.A.C. R14-2-1804.
On January 29, 2013, by Procedural Orders issued in Docket Nos. E-01345A-10-0394 et al. and E-01933A-12-0296, a procedural conference was conducted for the purpose of allowing the parties to discuss the procedures to govern the hearing directed by Decision Nos. 73636, 73637, and 73638. During the procedural conference, the parties to the case discussed such topics as notice, intervention, possible hearing dates, a hearing process (e.g. pre-filed written testimony) and possible consolidation of the TEP, APS, and UNS matters.
On Friday, February 15, 2013, the Administrative Law Judge (“ALJ”) assigned to hear the matter issued a Procedural Order(link is external) that scheduled an evidentiary hearing and the filing dates for pre-filed written testimony on the “Track and Record” mechanism and the exclusion of the retail sales to the Utilities’ largest customers from their overall retail sales calculation.
On Tuesday, February 26, 2013, the ALJ assigned to hear the matter issued a Procedural Order(link is external) which continued the evidentiary hearing and modified the procedural schedule established in the February 15, 2013 Procedural Order.
During a noticed ACC Staff Meeting conducted on Tuesday, March 12, 2013, the Commission voted to (1) reopen and modify Decision Nos. 73636, 73637 and 73638 (pursuant to A.R.S Section 40-252 with notice and opportunity to be heard) to add language to expressly eliminate from Commission consideration in the “Track and Record” proceedings, any proposal that would require the exclusion of retail sales to the utilities’ largest customers (3MW or greater in demand) from their overall retail sales calculation under the Renewable Energy Standard and Tariff Rule R14-2-1804, and (2) direct the Hearing Division to modify the February 26, 2013 Procedural Order in the consolidated “Track and Record” proceedings to expressly eliminate from the scope of the proceedings any proposal that would require the exclusion of retail sales to the utilities’ largest customers (3MW or greater in demand) from their overall retail sales calculation under the Renewable Energy Standard and Tariff Rule R14-2-1804, and (3) treat the “Track and Record” proceedings (including hearings) as generic proceedings to which the Commission’s Ex Parte Rule would not apply.
On Wednesday, March 13, 2013, the ALJ assigned to the matter issued a Procedural Order(link is external) that narrowed the scope of the hearing to the “Track and Record” issue.
On Monday March 18, 2013, RUCO filed an application(link is external) to intervene in the matter.
The evidentiary hearing on the matter has been scheduled for 10:00 a.m. on Monday, June 3, 2013, at 1200 W. Washington, Hearing Room No. 1, in Phoenix. A pre-hearing conference will be conducted at 10:00 a.m. on Thursday, May 30, 2013, at the same location.
Intervenors in the matter include Freeport-McMoRan Copper & Gold, Inc. (Freeport-McMoRan"), Arizonans for Electric Choice and Competition (“AECC”), Arizona Competitive Power Alliance (“Alliance”), Solar Energy Industries Association (“SEIA”), Western Resource Advocates (“WRA”), Arizona Solar Energy Industries Association (“AriSEIA”), Sonoran Solar, LLC (“Sonoran”), Wal-Mart Stores, Inc. and Sam’s West Inc. (collectively “Walmart”), the United States Department of Defense and all other Federal Executive Agencies (“DoD”), and Interwest Energy Alliance (“Interwest”).
Direct testimony from APS, TEP and UNS was filed on Friday, March 29, 2013.
Direct Testimony from ACC Staff, RUCO and other intervenors was filed on Wednesday, April 24, 2013.
On May 3, 2013, RUCO conducted a separate workshop(link is external) on track and record, Renewable Energy Credits and their relationship to net metering at 1110 West Washington in Phoenix.
RUCO will conduct a second workshop on net metering at 9:30 a.m. on Wednesday, May 29, 2013, for anyone who is interested in attending. The all day workshop will be held in the Cronkite Theater (Room 202), 555 North Central Avenue, Phoenix, AZ 85004-1248. Parking is located at the University Center II Lot and a limited number of parking validation tickets will be available. Those who are unable to attend in person can listen to the workshop by calling (206) 402-0100 and entering 186870#
Rebuttal testimony from RUCO and all other parties was filed on Wednesday, May 8, 2013.
During an ACC Staff Meeting held on Thursday, May 9, 2013, the five sitting ACC Commissioners indicated that a procedural conference should be held for the purpose of providing interested parties an opportunity to comment on the appropriate processes related to RUCO's scheduled net metering workshop. On Tuesday, May 14, 2013 the ACC Chief legal Counsel filed a Request for Procedural Conference(link is external).
On Wednesday, May 15, 2013, the ALJ assigned to the matter issued a Procedural Order(link is external) which granted the ACC's Chief Legal Counsel's request and scheduled a Procedural Conference for 1:30 p.m. on Tuesday, May 21, 2013, at 1200 W. Washington in Phoenix.
During the procedural conference, RUCO's Chief Legal Counsel agreed to work with ACC Staff on noticing RUCO's net metering workshop. Also during the procedural conference, the ALJ assigned to the matter ruled that the transcript of RUCO's prior workshop on the track and record issue will be treated as public comment.
RUCO filed its surrebuttal testimony on Wednesday, May 22, 2013.
On Thursday, May 23, 2013, RUCO filed a Notice of Stakeholder Workshop(link is external) on its net metering workshop scheduled for Wednesday, May 29, 2013.
The first four days of the evidentiary hearing were conducted from Monday, June 3, 2013 through Thursday, June 6, 2013. The hearing is scheduled to resume on Friday, June 21, 2013, at 1200 W. Washington, Hearing Room No. 1, in Phoenix.
On Monday, June 10, 2013, RUCO filed the direct testimony of Jennifer Martin, Executive Director, Center for Resource Solutions.
The evidentiary hearing on the matter concluded on Friday, June 21, 2013.
Opening legal briefs are scheduled to be filed on Friday, August 23, 2013. Reply briefs will be due on Tuesday, September 10, 2013.
After the filing of legal briefs the ALJ assigned to hear the matter will weigh the evidence and write a Recommended Opinion and Order ("ROO"). The ROO will be voted on by the five sitting ACC Commissioners. The Commissioners can accept the ROO as is, amend it or reject it.
No date for a final vote on the matter has been scheduled.