Tucson Electric Power 2012 REST Implementation Plan Proceeding

Docket Number
Assigned Staff
Dan Pozefsky


Case Information:

Arizona Corporation Commission ("ACC" or "Commission") Rule R14-2-1813 requires that beginning July 1, 2007, and every July 1st thereafter, each utility affected by the Commission's Renewable Energy Standard Rules Tariff ("REST") shall file with Docket Control for Commission review and approval a plan that describes how the affected utility intends to comply with the rules for the next calendar year. Affected utilities shall also transmit an electronic copy of this plan that is suitable for posting on the Commission’s web site to the Director of the Utilities Division.

On Friday, July 1, 2011, in compliance with the ACC's REST Rules and pursuant to ACC rule R14-2-1813, Arizona Public Service Company1 ("APS"), Tucson Electric Power2 ("TEP") and UNS Electric, Inc.3 ("UNSE") filed applications with the Arizona Corporation Commission ("ACC" or "Commission") for approval of their 2012 renewable energy standard implementation plans and requests to reset their renewable energy adjustors ("REST Implementation Plan Proceedings"). 

During a scheduled Open Meeting held on Wednesday, August 24, 2011, the Commission directed the ACC's Hearing Division to to schedule and hold a procedural conference at the earliest possible date for the purpose of discussing a hearing on the 2012 renewable energy standard implementation plans filed by APS, TEP and UNSE. 

On Friday, August 25, 2011 a procedural order was issued scheduling a procedural conference on the matter for Tuesday, August 30, 2011.  During the procedural conference, attorneys for the various parties to the proceeding stated that they had no objection to Western Resource Advocates ("WRA") and RUCO's intervention in the matter.   The parties also discussed the possibility of a hearing, the consolidation of the three separate filings, public notice and a deadline for intervention. 

On Wednesday, August 31, 2011, RUCO filed Applications to Intervene in each of the three REST implementation plan filings.

During the Regular Open Meeting held on Wednesday, September 7, 2011, the Commission directed ACC Staff to prepare a Staff Report in the three dockets for consideration at a future Commission Open Meeting and indicated that a hearing may or may not be held on limited issues following that open Meeting.  The Commission also directed the Hearing Division to issue a procedural order setting a deadline for intervention in the three dockets.  The Commission also indicated that it intended to reach a determination on the three filings by December 31, 2011.

On Thursday, September 8, 2011, the Administrative Law Judge ("ALJ") assigned to the matter issued procedural orders on the three filings requiring public notice and setting an intervention deadline of Friday, September 30, 2011.  The procedural orders also requires the parties in the matter to file comments on the Staff Report no latter than 10 calendar days following the date that the Staff Report is issued.

On October 25, 2011, ACC Staff issued its reports and proposed orders on the REST plans.

During the Regular Open Meeting held on November 8 and 9, 2011, the Commission considered ACC Staff's reports and proposed orders and heard from members of the public and stakeholders but no vote was taken.

During the Regular Open Meeting held on Tuesday and Wednesday, December 13 and 14, 2011, the Commission approved amended proposed orders on REST plans for APS, TEP and UNSE.

On Thursday, February 2, 2012,Freeport-McMoRan Copper & Gold, Inc. (“Freeport- McMoRan”) and Arizonans for Electric Choice and Competition (“AECC”) filed a request for rehearing(link is external) of  Decision No. 72736(link is external), which approved the REST plan for TEP.

On  Thursday, February 16, 2012 the Commission issued Decision No. 72875(link is external) which granted AECC’s application for rehearing for the purpose of affording additional time for further Commission consideration of AECC’s rehearing request. The Decision stated that the Commission would benefit from additional briefing on the matters implicated by AECC’s application for rehearing and directed TEP and AECC to file briefs on the matter.  Pursuant to the Decision, TEP's responsive brief is scheduled to be filed on Friday, March 16, 2012.  AECC's reply brief is scheduled to be filed on Friday, April 6, 2012.  Other parties to Decision No. 72736 may also file briefs if they desire to do so.

On Friday, September 28, 2012, the ALJ issued a Recommended Opinion and Order(link is external)("ROO") in the 11-0269 docket recommending that the compliance deadline set by Decision No. 72736 for TEP to reprogram its billing system for customers receiving REST incentives be suspended, pending consideration of TEP's proposals on the issue in Docket No. E-01933A-12-0296, and the Commission's determination on the issue in that docket. 

Exceptions to the ROO are due by Tuesday, October 9, 2012.  A final vote on the ROO by the five sitting ACC Commissioners has been tentatively scheduled for the Regular Open Meeting scheduled for Tuesday and Wednesday, October 16 and 17, 2012 at 1200 W. Washington in Phoenix. The Commissioners can either accept, reject or amend the ROO.



1 Docket No. E-01345A-11-0264

2 Docket No. E-01933A-11-0269

3 Docket No. E-04204A-11-0267