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Control Number: 20311
Item Number : 259
Addendum StartPage : 0
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
OCI Alamo 1 LLC
)
Docket No. EG14-
-000
NOTICE OF SELF-CERTIFICATION OF EXEMPT
WHOLESALE GENERATOR STATUS OF
OCI ALAMO 1 LLC
Pursuant to the Public Utility Holding Company Act of 2005 ("PUHCA 2005"), enacted
pursuant to the Energy Policy Act of 2005, Pub. L. No. 109-58, §§ 1261-77, 119 Stat. 594
(2005), and Section 366.7 of the regulations of the Federal Energy Regulatory Commission
("FERC" or "Commission"), 18 C.F.R. § 366.7 (2013), OCI Alamo 1 LLC ("Alamo 1"), a
Delaware limited liability company, hereby submits this notice of self-certification ("Notice")
of its status as an exempt wholesale generator ("EWG"), as defined in Section 366.1 of the
Commission's rules, 18 C.F.R. § 366.1. In support of this Notice, Alamo I hereby states as
follows:
I.
Principal Office of Alamo 1
The address of the principal office of Alamo 1 is set forth below:
OCI Alamo 1 LLC
300 Convent Street, Suite 1900
San Antonio, TX 78205
II.
Communications
All communications regarding this Notice should be provided to:
Matt Lowry
Senior Counsel
OCI Solar Power LLC
300 Convent Street, Suite 1900
San Antonio, TX 78205
(210) 453-3105
(210) 453-3240 (fax)
[email protected]
10-
III.
Description of Alamo 1 and Eligible Facilities
Alamo 1 is a Delaware limited liability company and a wholly-owned direct subsidiary of
OCI Solar San Antonio LLC, a Delaware limited liability company and a wholly-owned direct
subsidiary of OCI Solar Power LLC ("OCISP"), a Delaware limited liability company. OCISP
and its subsidiary holding companies, including OCI Solar San Antonio LLC, are holding
companies as defined in Section 366.1 of the Commission's regulations solely because of their
interests in EWGs or qualifying facilities.
Alamo I owns and operates a solar photovoltaic generating facility with a net
electrical output of 40.7 MW located in San Antonio, Texas (the "Project") that commenced
commercial operations on December 13, 2013, and is a Qualified Facility under 18 C.F.R. §
292.201 et seq.1 The Project is comprised of photovoltaic panels and associated equipment
necessary for the generation of electric power and will interconnect to the transmission
system of City Public Services of San Antonio ("CPS Energy"), a municipal utility located
within the Electric Reliability Council of Texas service territory, via interconnection facilities
located onsite. All of the output from the Project is committed under a power purchase and
sale agreement ("PPA") with CPS Energy for an initial term of 25 years, with extensions
available pursuant to the terms of the PPA.
In connection with owning and operating the Project, Alamo 1 also may engage in the
following incidental activities that the Commission has determined do not violate the
exclusivity requirement for EWG status:
•
Trading emission allowances consistent with the Commission's limitation that
an EWG may engage in such trading so long as the emission allowances were
See Qualifying Facility Application Form 556 ofOCI Solar Power LLC under QF14-82, Docket No. QF1482-002, Accession No. 201311225028filed by OCI Solar Power LLC, as submitted on November 21, 2013 and filed
on November 22, 2013.
2
originally obtained in the normal course of operating the Project.z
IV.
•
"green" power certificates or credits consistent with the
Commission's limitation that an EWG may sell such certificates or credits
where they are associated with power produced by the Project.3
•
Engaging in other activities incidental to the sale of electric energy at wholesale
that are consistent with the Commission's EWG precedent.
Selling
Representations Regarding EWG Status
Consistent with Section 366.1 of the Commission's regulations, Alamo 1 makes the
following representations in order to certify that it satisfies the requirements
for EWG status:
1.
Alamo 1 will be engaged directly and exclusively in the business of
owning and operating the Project and selling electric energy at wholesale.
2.
Consistent with the Commission's EWG precedent, the associated activities
described in Part III above are incidental to the wholesale generation business and will not
violate the EWG exclusivity requirement.
3.
The Project, as described above, will satisfy the definition of "eligible facilities"
in Section 32(a)(2) of the Public Utility Holding Company Act of 1935 and as incorporated by
reference in 18 C.F.R. § 366.1 because it will be used for the generation of electric energy
exclusively for sale at wholesale.
4.
The Project includes no transmission or distribution facilities other than those
interconnecting transmission facilities necessary to permit Alamo 1 to engage in electric
energy sales at wholesale.
5.
Alamo I will not make sales of electric energy at retail.
6.
No rate or charge for, or in connection with, the construction of the Project, or for
See UGI Development Co., 89 FERC ¶ 61,192 ( 1999).
See Madison Windpower, LLC, 93 FERC ¶ 61,270 (2000).
3
electric energy produced by the Project, was in effect under the laws of any State on October 24,
1992. As such, no determination or certification by a state commission is necessary prior to
certification of Alamo 1 as an EWG.
7.
Alamo 1 is not currently engaged in, and has no plans to engage in, foreign or
domestic sales of electric energy at retail. All of the electric energy generated by the Project will
be sold exclusively at wholesale within the United States.
No portion of the Project will be owned or operated by an "electric utility
company" that is an "affiliate" or "associate company" of Alamo 1, as defined in Section 366.1
of the Commission's regulations.
9.
There are no leasing arrangements involving Alamo 1 as lessor and any public
utility company or any affiliate or associate company of any public utility company.
V.
Service
Pursuant to Section 366.7(a) of the Commission's regulations, Alamo 1 is serving a copy
of this Notice of Self-Certification on the Public Utility Commission of Texas, the state
regulatory authority of the state in which the Project is located.
VI.
Conclusion
Based on the foregoing facts, statements, and representations, Alamo I satisfies the
requirements for EWG status.
Res Kectfully sul^ynitted,
Paul Whitacre'
Vice President, Operations
OCI Solar Power LLC
300 Convent Street, Suite 1900
San Antonio, TX 78205
(210) 453-3115
Dated: February 6, 2014
4
CERTIFICATE OF SERVICE
I, Paul Whitacre, hereby certify that I have this day caused the foregoing Notice of SelfCertification of Exempt Wholesale Generator Status of OCI Alamo 1 LLC to be served by firstclass mail upon the Public Utility Commission of Texas.
Dated at San Antonio, Texas, this 6`h day of February 2014.
Paul Whitacre
Vice President, Operations
OCI Solar Power LLC
300 Convent Street, Suite 1900
San Antonio, TX 78205
(210) 453-3115

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