Download - PUC Interchange - Public Utility Commission of Texas

Control Number : 42666
Item Number: 1
Addendum StartPage : 0
Pursuant to PUC SUBSTANTIVE RULE § 25.109
I & UL
Genel ^a&A' 6mpanies
Registration Form for Power
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and Self-Generators
Part A - Type of Registration
Check only one of the following.
q New self-generator registration
q Amending self-generator registration
q New power generation company registration
q Amending PGC registration
® New EWG/PGC
if filing an amendment, check all applicable boxes and fill in only the sections of this form that are applicable to your
amendment:
q Name change amendment
q Facility/output capacity change
q Change in ownership/control
q New generating plant/facility
q Registration relinquishment
q Other
Registration number:
Provide an explanation, if necessary:
Registering Party
Legal name:
Texas business address:
City:
ZIP:
Principal place of business:
C o ntact Info rmati o n (fo r all co mmunicati o ns)
Name:
Title:
Address:
City:
State:
ZIP:
Email:
Phone:
Fax:
Updated: 1/4/13
Registration Form for Power Generation Companies and Self-Generators
Page 1 of 4
Part C - Applicable to Registration of Power Generation Companies
I
Registering P arty
Legal name: Stephens Ranch Wind Energy,
LLC
Trade/commercial name:
Texas business address: 2186 CR 131
Principal place of business: 79351
ZIP: TX
City: O'Donnell
Co ntact Info rmati o n (fo r all c o mmunica ti o ns)
Title: Asset Manager (Stephens Ranch)
Name: Rita Brady
Address: Consolidated Asset Management Services,
919 Miiam St., Suite 2300
State: TX
City: Houston
and [email protected]
Email: [email protected]
ZIP: 77002
Phone: 713-358-9758 Fax:
an d types . b usiness o f the reg istering party's c o rpo rate pa rent co m panies
. ownershi p
Name ( press Enter Key for multiple entries)
Types of business
Starwood Energy Group Global, L.L.C.
infrastructure investments in power
generation and transmission projects
% of ownership
Private equity fund focusing on energy
4
pe rcentages
De scri p ti o n o f the ty pe s of services p ro vi ded by the registering pa rty
electricity
100%
pe rtain t o the generati o n o f
Wholesale generator of power
- a. n d co r po ra te re l a ti o nshi p . -.
sells electricity at retail in Texas, •
affili ate . b uys an d s e lls e l e ctricity , wh o l e sa l e in Te xas,
• munici pa lly o wn ed utility in Texas
Name (press Enter Key for multiple entries)
Corporate relationship
N/A
6.
♦ this
If appl ic ab l e ,
l abe le d " A ttachment 138 "
Updated: 1/4/13
r
Su pp l e mental Info rmati o n,
de scri bed in the
Registration Form for Power Generation Companies and Self-Generators
o
Page 2 of 4
Part D - Applicable to all Registering Parties
AFFIDAVIT
(Must be notarized by a public notary in and for the State of Texas)
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the undersigned, who, after being duly sworn,
stated on his or her oath that he or she is entitled to make this Affidavit, and that the statements contained below and
in the foregoing are true and correct.
Check one of the following boxes:
q I am an authorized representative of the registering party, which is a self-generator.
® I am an authorized representative of the registering party, which is a power generation company and swear that the
company:
(A) Generates electricity that is intended to be sold at wholesale;
(B) Does not own a transmission or distribution facility in this state other than an essential
interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded
from the definition of "electric utility" under PUC SUBSTANTIVE RULE 25.5; and
(C) Does not have a certificated service area.
I swear or affirm that I have personal knowledge of the facts stated in the attached registration, that I am competent to
testify to them, and that I have the authority to submit this registration form on behalf of the registering party. I further
swear or affirm that all statements made in the registration form are true, correct and complete and that any substantial
changes in such information will be provided to the Public Utility Commission of Texas in a timely manner. I swear or
affirm that the registering party understands and will comply with all requirements of the applicable law and rules.
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Signature of Authorized Representative
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Printed Name
`'a`1^^?tyS_^c^rc^__^t^^ r-^erl^wj )^.'c
Name of Registering Party
Sworn and subscribed before me this ^^day of ^?-'b tq
Month
Year
OLGA L. BRUCE
NOTARY PUBLIC OF t^lE 30.^^
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Notary Public in and for the State ofll=
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Updated: 1/4/13
Registration Form for Power Generation Companies and Self-Generators
Page 3 of 4
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Control Number: 20311
Item Number: 265
Addendum StartPage : 0
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14 4N t; 24 P
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UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSI(541t;G CCEMK
Stephens Ranch Wind Energy, LLC
)
Docket No. EG14-
-000
NOTICE OF SELF CERTIFICATION
OF EXEMPT WHOLESALE GENERATOR STATUS
Pursuant to the Public Utility Holding Company Act of 2005 ("PUHCA 2005")' and
Section
366.7
of the regulations of the Federal Energy Regulatory Commission
("Commission"),' Stephens Ranch Wind Energy, LLC ("Applicant") hereby submits this notice
of self-certification of exempt wholesale generator ("EWG") status as defined by Section 366.1
of the Commission's regulations.' In support of this Notice, Applicant hereby states as follows:
1.
NAME AND ADDRESS OF APPLICANT
The address and principal place of business of Applicant are as follows:
Stephens Ranch Wind Energy, LLC
c/o Starwood Energy Global Group, L.L.C.
591 West Putnam Avenue
Greenwich, Connecticut 06830
Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 584, §§ 1261, et seq. (2005).
2
'
18 C.F.R. § 366.7 (2013).
18 C.F.R. § 366.1.
^C^
II.
COMMUNICATIONS
All communications and correspondence regarding this self-certification should be
directed to the following persons:
Alexander Daberko
Jonathan W. Gottlieb
Marcia A. Stanford
Stinson Leonard Street LLP
1775 Pennsylvania Ave., NW, Ste. 800
Washington, DC 20006
(202) 969-4208 (phone)
(202) 785-9163 (facsimile)
ionathan. [email protected]
Starwood Energy Global Group, LLC
591 West Putnam Avenue
Greenwich, Connecticut 06830
(203) 442-8104 (phone)
(203) 442-7852 (facsimile)
[email protected]
III.
DESCRIPTION OF THE APPLICANT
Applicant is indirectly wholly owned by Starwood Energy Group Global, L.L.C.
("Starwood").
Starwood is a private equity fund, focusing on energy infrastructure in
investments, including acquiring and holding interests in power generation and transmission
projects.
IV.
DESCRIPTION OF THE ELIGIBLE FACILITIES
Applicant is developing and will own and operate an approximately 211 MW wind power
project located in Borden and Lynn Counties, Texas (the "Project").
The Project is under
construction and is expected to generate test power by October 2014 and reach commercial
operation by November 2014. The "eligible facilities" are comprised of 118 GE 1.79 MW-100
wind turbines and related real property ("Eligible Facilities"); as well as other equipment
necessary to interconnect the generation facilities to the 345kV bus at Wind Energy
Transmission Texas, LLC ("WETT") Long Draw Switching Station in Borden County, Texas
and the transmission system operated by the Electric Reliability Council of Texas ("ERCOT").
2
The Applicant's electric output will flow over an approximately 13-mile, 345 kV transmission
line owned by Applicant, which will connect from the WETT Long Draw Switching Station to a
345kV substation at the Project location (the "Stephens Ranch Substation"), in which Applicant
will have a tenancy in common interest pursuant to a Shared Facilities Agreement ("SFA")
between Applicant and its affiliate, Stephens Ranch Wind Energy II, LLC.
V.
INCIDENTAL ACTIVITIES
In connection with owning and operating the Eligible Facilities, Applicant may also
engage in the following incidental activities that the Commission has found to be permissible
EWG activities: (1) sell ancillary services available from the Eligible Facilities which are
incidental to, and by-products of, the Eligible Facilities' operations as wholesale power
generators;" (2) reassign excess transmission capacity consistent with the Commission's
requirement that such reassignment of excess transmission capacity be limited to transmission
capacity Applicant originally obtained for the purpose of affecting a specific wholesale sale of
electric energy;' (3) purchase and sell congestion revenue rights that Applicant needs for the
Eligible Facilities' power sale operations;' (4) trade emission allowances consistent with the
Commission's limitation that an EWG may only engage in such trading so long as the emission
allowances were originally obtained in the normal course of operating the Eligible Facilities;'
(5) sell "green" power certificates or credits associated with power produced by the Eligible
Facilities;' (6) engage in certain project development and financing activities necessary to
4
See Sithe Framingham LLC, 83 FERC 161,106 (1998).
5
See CNG Power Services Corp., 71 FERC ¶ 61,026, pp. 61,103-04 (1995).
6
See Duquesne Power LP, 106 FERC 161,104 (2004).
'
8
See UGI Development Co., 89 FERC ¶ 61,192 (1999).
See Madison Windpower, LLC, 93 FERC ¶ 61,270 (2000).
3
achieve financial closing;' (7) enter into leases of real property comprising part of the Eligible
Facilities, as lessee;` (8) enter into agreements relating to facilities shared with an affiliate EWG
and used in operation of the Eligible Facilities;" (9) engage in risk management and hedging
activities that are a necessary incident to participation in the energy markets (e.g., financial swap
arrangements to cover price fluctuations associated with Applicant's physical exposure of its
wholesale sales of electric energy in the energy markets;" and (10) engage in other activities
incidental to the sale of electric energy at wholesale that are consistent with the Commission's
EWG precedent.
VI.
REPRESENTATIONS REGARDING EWG STATUS
Consistent with Section 366.1 of the Commission's regulations, Applicant makes the
following representations in order to certify that it satisfies the requirements for EWG status:
1.
Applicant will be engaged directly, or indirectly through one or more affiliates,
and exclusively in the business of owning and operating all or part of one or more "eligible
facilities" and selling electric energy at wholesale, and the Eligible Facilities will satisfy the
definition of "eligible facilities" because they will be used for the generation of electric energy
exclusively for sale at wholesale,"
9
See, e.g., Hermiston Generating ComPanY L.P., 69 FERC ¶ 62 > 132 > 64,314 (1994);• AEP Resources Project
Management Co., 74 FERC ¶ 61,202, 61,674-75 & n. 4(1996),
10
See DTE Pontiac North LLC, 121 FERC 161,03 7 at P7 n.6 (2007).
"
12
See Buffalo Gap Wind Farm 2, LLC, 118 FERC ¶ 61,069 at PP 2, 14 & n.3 (2007).
13
See 18 C.F.R. § 366.1 (citing section 32(a)(2) of the Public Utility Holding Company Act of 1935, 15 U.S.C.
§ 79z-5a(a)(2)).
See Sithe/Indep. Power Partners, L.P., 101 FERC ¶ 61,287, at P 6 n.4 (2002) (citing TXU (No. 5) Pty. Ltd., 92
FERC ¶ 61,170 (2000)).
4
2.
The Eligible Facilities include no transmission or distribution facilities other than
those interconnecting transmission facilities necessary to interconnect the Eligible Facilities to
the transmission grid.
3.
Applicant is not currently engaged, and has no present plans to engage, in foreign
or domestic sales of power at retail.
4.
No portion of the Eligible Facilities will be owned or operated by an "electric
utility company" that is an "affiliate" or "associate company" of Applicant, as defined in Section
366.1 of the Commission's regulations.
5.
There are currently no lease arrangements involving the Eligible Facilities under
which Applicant is the lessor.
6.
No rate or charge for, or in connection with, the construction of the Eligible
Facilities, or for electric energy produced thereby, was in effect under the laws of any State as of
October 24, 1992. As such, no determination or certification by a state commission is necessary
prior to certification of Applicant as an EWG.
VTI.
NOTICE
In accordance with 18 C.F.R. § 366.7(a), a copy of this Notice of Self-Certification has
been served on the Public Utility Commission of Texas.
5
VIII.
CONCLUSION
Based upon the foregoing, Applicant respectfully requests that the Commission accept its
notice of self-certification of EWG status.
Respectfully submitted,
/s/ Jonathan W. Gottlieb
Jonathan W. Gottlieb
Marcia A. Stanford
Stinson Leonard Street LLP
1775 Pennsylvania Ave., NW, Ste. 800
Washington, DC 20006
(202) 785-9100 (phone)
(202) 785-9163 (facsimile)
[email protected]
[email protected]
Counsel for Applicant
April 22, 2014
11002334
6
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing Notice of Self Certification of
Exempt Wholesale Generator Status upon the Public Utility Commission of Texas.
Dated at Washington, D.C., this 22"d day of April, 2014.
/41/ 66^ D4te
Jennica Date
7

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