Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
UNITED STATES OF AMERICA BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Boulder Solar Power, LLC ) Docket No. ER16-_____-000
APPLICATION FOR MARKET-BASED RATE AUTHORIZATION, REQUEST FOR DETERMINATION OF CATEGORY 1 SELLER STATUS,
REQUEST FOR WAIVERS AND BLANKET AUTHORIZATIONS, AND REQUEST FOR WAIVER OF PRIOR NOTICE REQUIREMENT
Pursuant to Section 205 of the Federal Power Act (“FPA”),1 Section 35.12 of the
regulations of the Federal Energy Regulatory Commission (“FERC” or the “Commission”),2
Rules 204 and 205 of the Commission’s Rules of Practice and Procedure,3 and FERC Order Nos.
697, et al.4 and Order No. 816,5 Boulder Solar Power, LLC (“Applicant”) hereby requests that
the Commission: (1) accept Applicant’s proposed baseline market-based rate tariff (“MBR
Tariff”) for filing; (2) authorize Applicant to sell electric energy, capacity, and certain ancillary
services at market-based rates; (3) designate Applicant as a Category 1 Seller in all regions; and
(4) grant Applicant such waivers and blanket authorizations as the Commission has granted to
other sellers with market-based rate authorization. Applicant requests that the Commission
waive its 60-day prior notice requirement6 to allow Applicant’s MBR Tariff to become effective
as of July 1, 2016. In support of this Application, Applicant states as follows:
1 16 U.S.C. § 824d (2012). 2 18 C.F.R. § 35.12 (2016). 3 Id. §§ 385.204 and 385.205. 4 Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order
No. 697, FERC Stats. & Regs. ¶ 31,252, clarified, 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 697-A, FERC Stats. & Regs. ¶ 31,268, clarified, 124 FERC ¶ 61,055, order on reh’g, Order No. 697-B, FERC Stats. & Regs. ¶ 31,285 (2008), order on reh’g, Order No. 697-C, FERC Stats. & Regs. ¶ 31,291 (2009), order on reh’g, Order No. 697-D, FERC Stats. & Regs. ¶ 31,305 (2010), aff’d sub nom. Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert. denied sub nom. Pub. Citizen, Inc. v. FERC, 133 S. Ct. 26 (2012).
5 Refinements to Policies & Procedures for Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 816, FERC Stats. & Regs. ¶ 31,374 (2015), order on reh’g and clarification, Order No. 816-A, 155 FERC ¶ 61,188 (2016) (to become effective July 25, 2016).
6 18 C.F.R. § 35.3(a)(1).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 2 -
I. CORRESPONDENCE AND COMMUNICATIONS
Applicant requests that the Commission direct all correspondence and communications
related to this Application to the following persons and add each person to its official service list
for this proceeding:7
Lisa Bodensteiner Executive Vice President and General Counsel SunPower Corporation 77 Rio Robles San Jose, CA 95134 Tel: (408) 240-4235 [email protected] Jack Semrani Senior Counsel/Regulatory & Transactions SunPower Corporation 2900 Esperanza Crossing Austin, TX 78758 Tel: (512) 953-4471 [email protected]
George D. (Chip) Cannon, Jr. Scott D. Johnson Akin Gump Strauss Hauer & Feld LLP 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Tel: (202) 887-4000 Fax: (202) 887-4288 [email protected] [email protected]
II. DOCUMENTS SUBMITTED WITH THIS APPLICATION
Applicant submits the following documents with this Application:
• Applicant’s proposed MBR Tariff in RTF format with metadata attached and a PDF copy of the same for publication in eLibrary (Attachment A);
• Applicant’s asset appendix in Order No. 816 format (Attachment B); and
• An organizational chart illustrating the upstream ownership of Applicant (Attachment C).
III. DESCRIPTION OF APPLICANT AND ITS AFFILIATES
The following is a description of Applicant and its electric generation facility and
upstream owners and affiliates.8
7 Applicant requests that the Commission waive Rule 203(b)(3) of its Rules of Practice and Procedure, 18
C.F.R. § 385.203(b)(3), to the extent necessary to allow each person listed to be included on the official service list for this proceeding.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 3 -
Applicant is a Delaware limited liability company formed for the purpose of developing,
constructing, owning, and operating the Boulder Solar I Project (a/k/a Boulder Solar I Nevada)
(the “Project”), an approximately 100 MW (nameplate) photovoltaic electric power generating
facility to be located in Boulder City, Clark County, Nevada, and to engage in all other lawful
businesses activities consistent with exempt wholesale generator (“EWG”) status. Applicant’s
principal place of business is 77 Rio Robles, San Jose, California, 95134. Applicant is not
currently engaged in any business activities other than those associated with the development,
construction, ownership, and future operation of the Project. Applicant has self-certified its
status as an EWG.9
The Project is currently expected to begin generating test power in August 2016 and to
commence commercial operation in November 2016. The Project will include interconnecting
transmission facilities necessary to connect the generating facility to the Nevada Power
8 The term “affiliate” as used in this Application includes certain entities that Applicant is conservatively
assuming are affiliates of Applicant for purposes of this Application. These entities, which own and operate generating facilities in the California Independent System Operator Corporation (“CAISO”) balancing authority area (“BAA”) market, are Blackwell Solar, LLC (“Blackwell”) and Lost Hills Solar, LLC (“Lost Hills”). Blackwell and Lost Hills arguably are not affiliates of Applicant under 18 C.F.R. § 35.36(a)(9) because their only relationship to Applicant is through indirect, passive, non-controlling interests in Blackwell and Lost Hills owned by SunPower Corporation (“SunPower”) through 8point3 Energy Partners LP (“8point3 Partners”), an entity formed to hold indirect interests in certain electric generating facilities developed by subsidiaries of SunPower and First Solar, Inc. See 8point3 Energy Partners LP, 151 FERC ¶ 62,162 (2015) (“Yieldco Formation Order”). 8point3 Partners, as the result of a transaction approved by the Commission in the Yieldco Formation Order, indirectly owns non-controlling, passive membership interests in Blackwell and Lost Hills. Applicant considers 8point3 Partners’ indirect interests in Blackwell and Lost Hills to be passive because those interests are consistent with the interests the Commission determined to be passive in AES Creative Res., L.P., 129 FERC ¶ 61,239 (2009). Accordingly, Blackwell and Lost Hills should not be affiliates of Applicant under 18 C.F.R. § 35.36(a)(9) and should not be subject to consideration in the Commission’s market power analysis in connection with this Application. See Order No. 816 at P 284 (clarifying that “sellers should not include in their asset appendices entities and facilities for which they have claimed, and demonstrated to the Commission, that the only relationship is through passive, non-controlling interests consistent with AES Creative (i.e., where the seller has a strictly passive ownership interest in another entity, or another entity has a strictly passive ownership interest in the seller”). However, because Blackwell and Lost Hills have not yet, to Applicant’s knowledge, demonstrated to the Commission on their own behalf that 8point3 Partners’ indirect interests in them are, in fact, consistent with the interests the Commission determined to be passive in AES Creative, Applicant is conservatively treating Blackwell and Lost Hills as affiliates for purposes of this Application out of an abundance of caution.
9 Boulder Solar Power, LLC, Notice of Self-Certification of Exempt Wholesale Generator Status, Docket No. EG16-83-000 (filed Apr. 7, 2016).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 4 -
Company (“NEVP”) d/b/a NV Energy (“NVE”) transmission system to permit Applicant to
make wholesale sales of electricity from the Project. Applicant will sell all of the net output of
the Project to NVE under a 20-year power purchase agreement (“PPA”) that expires in 2037.
Applicant is an indirect, wholly-owned subsidiary of SunPower, a Delaware corporation
whose shares are publicly traded on the NASDAQ. SunPower is a vertically-integrated solar
products and services company that designs, manufactures, and delivers high-efficiency and
high-reliability solar photovoltaic panels and electricity generating systems to residential,
business, government, and utility customers. SunPower is headquartered in San Jose, California,
and has offices in North America, Europe, Australia, Africa, and Asia. As of the date of this
Application, Total Energies Nouvelles Activités USA, SAS (f/k/a Total Gas & Power USA,
SAS), which is a wholly-owned subsidiary of Total S.A. (“Total”),10 owns approximately 60% of
the issued and outstanding shares of SunPower’s common stock. No other person directly or
indirectly owns, controls, or holds, with power to vote, 10% or more of SunPower’s outstanding
voting securities. An organizational chart illustrating Applicant’s upstream ownership is
provided in Attachment C.
Pursuant to a Shared Facilities Agreement to be filed with the Commission, Applicant
will share with two affiliates, Boulder Solar II, LLC (“Boulder II”) and Boulder Solar III, LLC
(“Boulder III,” and together with Boulder II, the “Co-Tenants”),11 certain common premises and
10 Total is a global, integrated energy producer and provider, a leading international oil and gas company,
and, through its interest in SunPower, the world’s second-ranked solar energy operator. Total has approximately 100,000 employees and operates in more than 130 countries. See, e.g., Press Release, SunPower, Colbún Awards 15-Year Contract to Total and SunPower (May 26, 2016), http://newsroom.sunpower.com/2016-05-26- Colb-n-Awards-15-Year-Contract-to-Total-and-SunPower.
11 Co-Tenants are developing and will construct, own, and operate two photovoltaic electric power generating facilities, comprising approximately 100 MW (net) in the aggregate, and related interconnection facilities to be located in Clark County, Nevada. Co-Tenants have not yet self-certified their status as EWGs, but plan to do so later in their development process. Co-Tenants also do not yet have market-based rate authorization from the Commission. Co-Tenants plan to apply to the Commission for authorization to sell electric energy, capacity, and
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 5 -
facilities, including approximately 2.3 miles of above-ground, 230-kV transmission line
necessary to interconnect Applicant’s and Co-Tenants’ respective generating facilities to the
NVE transmission system, breakers, relays, poles, pipes, and access roads to be used in the
construction and operation of Applicant’s and Co-Tenants’ respective generating facilities.
Applicant and Co-Tenants will own undivided tenancy in common interests in the shared
facilities and will be entitled to use their pro rata shares of the shared facilities to deliver electric
energy from their respective generating facilities to the NVE transmission system.
Other than as described herein and set forth in Applicant’s asset appendix,12 no affiliate
of Applicant holds any interests in any entity that: (1) generates electric energy, (2) transmits
electric energy, (3) provides inputs to electric power production, as defined in Section
35.36(a)(4) of the Commission’s regulations,13 or (4) owns or controls a franchised public utility.
IV. APPLICANT SATISFIES THE COMMISSION’S STANDARDS FOR MARKET-BASED RATE AUTHORIZATION
Applicant requests authorization to sell electric energy, capacity, and certain ancillary
services at market-based rates under the proposed MBR Tariff. Pursuant to Order No. 697, the
Commission evaluates applications for market based-rate authorization using a two-pronged
analysis of horizontal and vertical market power.14 The Commission will grant market-based
rate authorization if the applicant and its affiliates do not have or have adequately mitigated
horizontal (generation) market power and vertical market power, including transmission market
ancillary services at market-based rates pursuant to Section 205 of the FPA prior to any sale of power from their respective generating facilities.
12 Because the NVE BAA (a/k/a the “NEVP BAA”) should be the only relevant market for purposes of this Application, see infra note 19, Applicant’s affiliates’ and their assets in the CAISO and Public Service Company of Colorado BAAs should not affect Applicant’s eligibility for market-based rate authorization. Accordingly, details regarding such affiliates and their assets beyond what appears in Applicant’s asset appendix would not assist the Commission in its analysis of this Application.
13 18 C.F.R. § 35.36(a)(4). 14 E.g., Order No. 697 at PP 13-22.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 6 -
power and barriers to entry in any market.15 Applicant and its affiliates will not have horizontal
or vertical market power and have not erected and will not erect barriers to entry. Accordingly,
Applicant satisfies the Commission’s standards for market-based rate authorization.
A. Applicant and Its Affiliates Will Not Have Horizontal Market Power
Applicant has a long-term PPA with NVE under which NVE will purchase all of the net
output from the Project. At this time, Applicant has no affiliates in the NEVP BAA market that
are subject to consideration in the Commission’s market power analysis for this Application.16
Accordingly, Applicant and its affiliates do not control any uncommitted wholesale capacity in
the NEVP BAA market.
Typically, the Commission requires that an applicant for market-based rate authorization
demonstrate its and its affiliates’ lack of horizontal market power in the relevant market(s) by
showing that it and its affiliates pass two indicative screens: (1) the Pivotal Supplier Analysis
(“PSA”) screen; and (2) the Market Share Analysis (“MSA”) screen.17 There is a rebuttable
presumption of market power if an applicant fails either screen.18 The relevant geographic
market for Applicant is the NEVP BAA market, where the Project is located.19 The NEVP BAA
is in the Commission’s Northwest Region.20
15 E.g., id. at P 791. 16 As noted above, Applicant’s affiliates Boulder II and Boulder III are developing generating facilities in
the NEVP BAA market, but neither of those entities has any operational generating capacity or has applied for market-based rate authorization.
17 E.g., Order No. 697 at PP 33-44, 62, 231-32. 18 E.g., id. at P 63. 19 In Order No. 697, the Commission determined that it would continue to use a seller’s BAA or the
Regional Transmission Organization (“RTO”)/Independent System Operator (“ISO”) market, as applicable, as the default relevant geographic market, unless it has made a specific finding that there is a submarket within an RTO/ISO, in which case the submarket becomes the default relevant geographic market for purposes of the market-based rate analysis for a seller located within such submarket. Id. at P 231. Where a generator in a non-RTO/ISO market is interconnecting to a non-affiliate owned or controlled transmission system, there is only one relevant market, which is the BAA in which the generator is located. Id. at P 232 n.217.
20 Sierra Pac. Power Co., 147 FERC ¶ 61,137, at P 11 (2014).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 7 -
Both indicative screens measure whether a seller and its affiliates in the relevant
market(s) can utilize their uncommitted capacity to exercise horizontal market power. The MSA
screen measures whether a seller has a dominant position in the relevant market(s) based on the
number of megawatts of uncommitted capacity owned or controlled by the seller and its affiliates
as compared to the uncommitted capacity of the entire relevant market(s).21 The PSA screen
measures the potential of a seller and its affiliates to exercise horizontal market power based on
uncommitted capacity at the time of the annual peak demand in the relevant market(s).22 A seller
is pivotal if such demand cannot be met without some contribution of supply by the seller or its
affiliates.23
As noted above, Applicant has a long-term PPA under which it will sell all of the net
output of the Project to NVE. As also noted above, Applicant has no affiliates in the NEVP
BAA market that are subject to consideration in the Commission’s market power analysis for this
Application. Pursuant to Order No. 816,24 Applicant represents that its long-term contract with
NVE described above is for firm sales for one year or longer to a non-affiliate. The Commission
has held that when all of the generating capacity of a seller and its affiliates in the relevant
BAA(s) or market(s) (including any relevant first-tier BAA(s) or market(s)) is fully committed
on a long-term, firm basis to one or more non-affiliated buyers, the seller has no uncommitted
capacity and does not need to file the Commission’s indicative market power screens.25 Because
Applicant has no uncommitted capacity in the NEVP BAA and no affiliates in the NEVP BAA
that are subject to consideration in the Commission’s market power analysis for this Application,
21 Order No. 697 at P 34. 22 Id. at P 35. 23 Id. 24 See Order No. 816 at P 39. 25 Id.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 8 -
Applicant and its affiliates will not have horizontal market power in that market and Applicant
has not included indicative screens in this Application.
B. Applicant and Its Affiliates Will Not Have Vertical Market Power
Applicant and its affiliates will not have vertical market power. Neither Applicant nor
any of its affiliates owns or controls electric transmission facilities other than those limited
transmission facilities necessary to interconnect individual generation facilities, including
Applicant’s generating facility, to the transmission grid. In accordance with the Commission’s
Order No. 807,26 and pursuant to 18 C.F.R. § 35.28(d)(2), Applicant and the Co-Tenants intend
to affirm to the Commission that their interconnection facilities satisfy the requirements for
blanket waiver of the Commission’s Open Access Transmission Tariff requirements in 18 C.F.R.
§ 35.28, the Open Access Same-Time Information System requirements in 18 C.F.R. Part 37,
and the Standards of Conduct for Transmission Providers in 18 C.F.R. Part 358, and commit to
comply with and be bound by the obligations and procedures applicable to electric utilities under
Section 210 of the FPA. Applicant’s affiliates that own or operate interconnecting transmission
facilities either already qualify or will qualify for the blanket waiver provided in Order No.
807.27
In addition, neither Applicant nor any of its affiliates has the ability to erect any other
barriers to entry into any market. Applicant does not own or control inputs to electric power
26 Open Access & Priority Rights on Interconnection Customer’s Interconnection Facilities, Order No. 807,
FERC Stats. & Regs. ¶ 31,367, at P 57, order on reh’g, Order No. 807-A, 153 FERC ¶ 61,047 (2015). 27 See CED Corcoran Solar, LLC, 152 FERC ¶ 61,075, at PP 11-12 (2015) (directing entities to “review the
regulations to determine for themselves whether they qualify as entities granted the blanket waivers under Order No. 807” and that “applicants that qualify for the blanket authorization do not need to request, nor should they request,” waiver of the Commission’s Open Access Transmission Tariff requirements in 18 C.F.R. § 35.28, the Open Access Same-Time Information System requirements in 18 C.F.R. Part 37, and the Standards of Conduct for Transmission Providers in 18 C.F.R. Part 358).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 9 -
production, as defined by the Commission,28 in any market. Affiliates of Applicant own or
control sites for generation capacity development in various markets, but the Commission no
longer requires sellers to provide information regarding sites for generation capacity
development to demonstrate a lack of vertical market power.29 In any case, consistent with the
rebuttable presumption that the Commission adopted in Order No. 697,30 these sites do not allow
Applicant or its affiliates to erect barriers to entry. Affiliates of Applicant also own and control
certain intrastate natural gas pipeline facilities in Texas that are used to service Total’s industrial
operations in Port Arthur, Texas. However, the Commission has adopted a rebuttable
presumption that sellers cannot erect barriers to entry with regard to the ownership or control of,
or affiliation with any entity that owns or controls, such intrastate natural gas transportation
facilities.31
Finally, as required by Section 35.37 of the Commission’s regulations,32 Applicant
affirmatively states that it and its affiliates have not erected and will not erect barriers to entry
into the NEVP BAA market.
V. COMPLIANCE WITH COMMISSION REGULATIONS
As required by Order No. 697, Applicant has included in its proposed MBR Tariff a
provision requiring compliance with Part 35, Subpart H of the Commission’s regulations.33 If
granted market-based rate authorization, Applicant will comply with the various reporting
requirements applicable to entities authorized to sell electric energy, capacity, and ancillary
28 See 18 C.F.R. § 35.36(a)(4) (“inputs to electric power production” include “intrastate natural gas
transportation, intrastate natural gas storage or distribution facilities; sites for generation capacity development; physical coal supply sources and ownership of or control over who may access transportation of coal supplies”).
29 Order No. 816 at PP 18, 212. 30 Order No. 697 at P 446. 31 Id. 32 18 C.F.R. § 35.37(e)(3). See also Order No. 816 at P 356. 33 Order No. 697, Appendix C.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 10 -
services at market-based rates, subject to the waivers Applicant requests in this Application, to
the extent granted. Applicant will submit Electric Quarterly Reports pursuant to the
Commission’s regulations34 and the requirements of Order Nos. 2001, et al.,35 and will promptly
inform the Commission of any change in status that would reflect a departure from the facts
provided in this Application, as required by the Commission’s regulations.36 In addition, in
accordance with the Commission’s Market Behavior Rules,37 Applicant represents that it will not
report transactions to publishers of electric or natural gas price indices. If Applicant begins
reporting price data to index publishers, it will notify the Commission as required.38
VI. ANCILLARY SERVICES
As required by Order No. 69739 and the Commission’s regulations,40 Applicant requests
authorization to sell ancillary services at market-based rates as set forth in Applicant’s proposed
MBR Tariff, including authorization to make third-party sales of Regulation and Frequency
Response Service, Reactive Supply and Voltage Control Service, Energy and Generator
Imbalance Service, Operating Reserve-Spinning, and Operating Reserve-Supplemental, subject
to the limitations on such sales established in Order No. 784.41 Applicant’s proposed MBR
34 18 C.F.R. § 35.10b. 35 Revised Pub. Util. Filing Requirements, Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g denied,
Order No. 2001-A, 100 FERC ¶ 61,074, reh’g denied, Order No. 2001-B, 100 FERC ¶ 61,342, order directing filing, Order No. 2001-C, 101 FERC ¶ 61,314 (2002), order directing filing, Order No. 2001-D, 102 FERC ¶ 61,334, order refining filing requirements, Order No. 2001-E, 105 FERC ¶ 61,352 (2003), order on clarification, Order No. 2001-F, 106 FERC ¶ 61,060 (2004), order revising filing requirements, Order No. 2001-G, 120 FERC ¶ 61,270, order on reh’g and clarification, Order No. 2001-H, 121 FERC ¶ 61,289 (2007), order revising filing requirements, Order No. 2001-I, FERC Stats. & Regs. ¶ 31,282 (2008).
36 18 C.F.R. § 35.42. 37 Id. § 35.41(c). 38 Id. 39 Order No. 697 at P 1060. 40 18 C.F.R. § 35.40. 41 Third-Party Provision of Ancillary Servs.; Accounting & Financial Reporting for New Elec. Storage
Technologies, Order No. 784, FERC Stats. & Regs. ¶ 31,349, at P 200-01 (2013), order on clarification, Order No. 784-A, 146 FERC ¶ 61,114 (2014).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 11 -
Tariff includes the Commission’s standard tariff provisions for sales of ancillary services into
markets operated by RTOs and ISOs and as a third-party supplier,42 and Applicant requests
authorization to sell ancillary services under those provisions.
VII. REQUEST FOR DETERMINATION OF CATEGORY 1 SELLER STATUS
In Order No. 697, the Commission created a category of sellers, i.e., “Category 1
Sellers,” that is exempt from the requirement to file triennial updated market power analyses,43
and stated that it would “make a finding regarding the category in which the seller falls” in
response to new applications for market-based rate authorization.44 Applicant satisfies the
criteria for Category 1 Seller status in all regions because: (1) it and its affiliates will own or
control less than 500 MW of electric generating capacity in aggregate per region; (2) it will not
own, operate, or control transmission facilities other than limited equipment necessary to connect
the Project to the NVE-controlled transmission grid; (3) it is not affiliated with any person that
owns, operates, or controls transmission facilities in any region other than limited equipment
necessary to connect individual generation facilities to the transmission grid, or with any
franchised public utility in any region; and (4) it does not raise any vertical market power
issues.45 Accordingly, Applicant requests that the Commission designate it as a Category 1
Seller in all regions.
VIII. REQUESTS FOR WAIVERS AND ADDITIONAL BLANKET AUTHORITY
Applicant requests that the Commission grant it waivers and blanket authorizations
consistent with those granted to other independent power producers with market-based rate
authority. Specifically, Applicant requests: (1) waiver of Subparts B and C of Part 35 of the
42 E.g., Order No. 697 at PP 917, 1061. 43 E.g., id. at PP 848-49 and n.1000. 44 Id. at P 851. 45 See 18 C.F.R. § 35.36(a)(2). See also Order No. 816 at PP 317-18, 320.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 12 -
Commission’s regulations, except for 18 C.F.R. §§ 35.12(a), 35.13(b), 35.15, and 35.16; (2)
waiver of Parts 41, 101, and 141 of the Commission’s regulations, except for 18 C.F.R. §§
141.14 and 141.15;46 (3) blanket authorization under Section 204 of the FPA and Part 34 of the
Commission’s regulations to issue securities and assume liabilities;47 and (4) such other waivers
and authorizations as the Commission may deem appropriate.
IX. REQUEST FOR WAIVER OF PRIOR NOTICE REQUIREMENT
Applicant requests that the Commission waive its 60-day prior notice requirement to
allow Applicant’s MBR Tariff to become effective as of July 1, 2016. Applicant currently
expects to begin generating test power in August 2016, but could be ready to do so before then.
The requested effective date will ensure that Applicant’s MBR Tariff will be effective well in
advance of when Applicant is ready to begin generating test power. The Commission has
previously granted waiver of its prior notice requirement under similar circumstances.48
Accordingly, there is good cause to grant waiver of the 60-day prior notice requirement.
X. CONCLUSION
Applicant requests that the Commission issue an order: (1) accepting Applicant’s
proposed MBR Tariff and authorizing Applicant to sell energy, capacity, and certain ancillary
services at market-based rates as set forth in Applicant’s MBR Tariff; (2) granting waiver of the
prior notice requirement to permit the MBR Tariff to become effective as of July 1, 2016; (3)
designating Applicant as a Category 1 Seller in all regions; and (4) granting Applicant the
46 Order No. 697 at P 984 (“We will continue the Commission’s historical practice of granting waiver of
Parts 41, 101 and 141 of the Commission’s regulations to certain entities with market-based rate authority.”). Applicant’s request for waiver of Part 101 is limited as set forth in the proposed MBR Tariff. See Order No. 816 at P 349.
47 16 U.S.C. § 824c; 18 C.F.R. Part 34. 48 See, e.g., CSOLAR IV West, LLC, Docket No. ER14-1656-000 (May 15, 2014) (delegated letter order)
(granting market-based rate authority effective one day after the applicant’s filing where the applicant explained that the requested effective date was necessary to ensure that the applicant had market-based rate authority prior to becoming operational).
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 13 -
waivers and blanket authorizations it requests in this Application and any other waivers
necessary for the Commission to grant this Application.
Respectfully submitted, /s/ Scott D. Johnson
Jack Semrani George D. (Chip) Cannon, Jr. Senior Counsel/Regulatory & Transactions Scott D. Johnson SunPower Corporation Akin Gump Strauss Hauer & Feld LLP 2900 Esperanza Crossing 1333 New Hampshire Avenue, N.W. Austin, TX 78758 Washington, D.C. 20036 Tel: (512) 953-4471 Tel: (202) 887-4000 [email protected] Fax: (202) 887-4288 Dated: June 3, 2016 Attorneys for Boulder Solar Power, LLC
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
ATTACHMENT A
MBR Tariff
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
1. Availability: Boulder Solar Power, LLC (“Seller”) makes electric energy, capacity, and ancillary services available under this Market-Based Rate Tariff (“Tariff”) to any purchaser with whom Seller has contracted, except as prohibited below.
2. Rates: All sales shall be made at rates established by agreement between the purchaser and Seller.
3. Other Terms and Conditions: All other terms and conditions shall be established by agreement between the purchaser and Seller.
4. Seller Category: Seller is a Category 1 seller in all regions, as defined in 18 C.F.R. § 35.36(a).
5. Compliance with Commission Regulations: Seller shall comply with the provisions of 18 C.F.R. Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its orders concerning Seller’s market-based rate authority, including orders in which the Commission authorizes Seller to engage in affiliate sales under this tariff or otherwise restricts or limits the Seller’s market-based rate authority. Failure to comply with the applicable provisions of 18 C.F.R. Part 35, Subpart H, and with any orders of the Commission concerning Seller’s market-based rate authority, will constitute a violation of this Tariff.
6. Limitations and Exemptions Regarding Market-Based Rate Authority: Seller has received: (1) waiver of Subparts B and C of 18 C.F.R. Part 35, except for sections 35.12(a), 35.13(b), 35.15, and 35.16; (2) waiver of 18 C.F.R. Parts 41, 101 (with the exception that waiver of the provisions of Part 101 that apply to hydropower licensees is not granted with respect to licensed hydropower projects), and 141 (with the exception of sections 141.14 and 141.15); and (3) blanket authorization under Section 204 of the Federal Power Act, 16 U.S.C. § 824c, and 18 C.F.R. Part 34 for all future issuances of securities and assumptions of liabilities. Boulder Solar Power, LLC, Docket No. ER16-____-000 (2016).
7. Ancillary Services: Seller also will make available to any purchaser with whom it has contracted the following ancillary services:
a. PJM: Seller offers regulation and frequency response service, energy imbalance service, and operating reserve service (which includes spinning, 10-minute, and 30-minute reserves) for sale into the market administered by PJM Interconnection, L.L.C. (“PJM”) and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services requirements of the PJM Office of Interconnection.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 2 -
b. New York: Seller offers regulation and frequency response service, and operating reserve service (which include 10-minute non-synchronous, 30-minute operating reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to purchasers in the market administered by the New York Independent System Operator, Inc.
c. New England: Seller offers regulation and frequency response service (automatic generator control), operating reserve service (which includes 10-minute spinning reserve, 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.
d. California: Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation (“CAISO”) and to others that are self-supplying ancillary services to the CAISO.
e. MISO: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midcontinent Independent System Operator, Inc. (MISO) and to others that are self-supplying ancillary services to MISO.
f. Southwest Power Pool: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Southwest Power Pool, Inc. (SPP) and to others that are self-supplying ancillary services to SPP.
g. Ancillary Services - Third-Party Provider: Third-party ancillary services: Seller offers Regulation and Frequency Response Service, Reactive Supply and Voltage Control Service, Energy and Generator Imbalance Service, Operating Reserve-Spinning, and Operating Reserve-Supplemental. Sales will not include the following: (1) sales to an RTO or an ISO, i.e., where that entity has no ability to self-supply ancillary services but instead depends on third parties; and (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission service is on the system of the public utility affiliated with the third-party supplier. Sales of Operating Reserve-Spinning and Operating Reserve-Supplemental will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except where the Commission has granted authorization. Sales of Regulation and Frequency Response Service and Reactive Supply and Voltage Control Service will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except at rates not to exceed the buying public utility transmission provider’s OATT rate for the same service or where the Commission has granted authorization.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 3 -
8. Revisions to Tariff: Seller may file revisions to this Tariff with the Commission. Nothing contained in this Tariff shall be construed as affecting or limiting in any way the right of Seller to unilaterally file with the Commission for a change in any aspect of this Tariff under Section 205 of the Federal Power Act, 16 U.S.C. § 824d, and the Commission’s rules and regulations promulgated thereunder.
9. Effective Date: This Tariff is effective as of the date specified by the Commission.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
ATTACHMENT B
Asset Appendix
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 1: Market-Based Rate Authority and Generation Assets
[A] [B] [C] [D] [E] [F] [G] [H] [I] [J] [K] [L] [M]
Filing Entity and its Energy
Affiliates
Docket # where MBR authority
was granted
Generation Name (Plant or Unit
Name)Owned By Controlled By
Date Control
Transferred
Market / Balancing Authority
Area
Geographic Region
In-Service Date
Capacity Rating:
Nameplate (MW)
Capacity Rating: Used in
Filing (MW)
Capacity Rating: Methodology Used in [K]:
(N)ameplate, (S)easonal, 5-yr
(U)nit, 5-yr (E)IA, (A)lternative
End Note Number
(Enter text in End
Note Tab)
Boulder Solar Power, LLC
ER16-___-000
Boulder Solar I Project (a/k/a Boulder Solar I Nevada)
Boulder Solar Power, LLC
Boulder Solar Power, LLC
N/A NEVP NorthwestExpected
2016100.0 100.0 N 1, 2
Parrey, LLC ER16-1154-001Henrietta Solar Project
Parrey, LLC Parrey, LLC N/A CAISO SouthwestExpected
2016102.0 102.0 N 3, 4
Solar Star California XLI, LLC
ER16-___-000
Stanford Solar Generating Station (a/k/a Rosamond Solar Project Phase I)
Solar Star California XLI, LLC
Solar Star California XLI, LLC
N/A CAISO SouthwestExpected
201654.0 54.0 N 5, 6
Golden Fields Solar I, LLC
ER16-___-000
Golden Fields Solar I Project (a/k/a Rosamond Solar Project Phase II)
Golden Fields Solar I, LLC
Golden Fields Solar I, LLC
N/A CAISO SouthwestExpected
201654.0 54.0 N 7, 8
Java Solar, LLC
ER16-___-000 Java Solar ProjectJava Solar, LLC
Java Solar, LLC
N/A CAISO SouthwestExpected
201714.0 14.0 N 9, 10
Kingbird Solar A, LLC
ER16-38-001 Kingbird Solar LLCKingbird Solar A, LLC
Kingbird Solar A, LLC
03/31/16 CAISO SouthwestExpected
201620.0 20.0 N 11, 12
Location
Page 1 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Kingbird Solar B, LLC
ER16-39-001 Kingbird Solar LLCKingbird Solar B, LLC
Kingbird Solar B, LLC
03/31/16 CAISO SouthwestExpected
201620.0 20.0 N 13, 14
Solar Star Colorado III, LLC
ER15-2224-000 Hooper SolarSolar Star Colorado III, LLC
Solar Star Colorado III, LLC
04/01/16 PSCO Northwest 11/16/15 52.0 52.0 N 15, 16
Solar Star California XIII, LLC
ER15-1218-000Quinto Solar PV Project
Solar Star California XIII, LLC
Solar Star California XIII, LLC
06/24/15 CAISO Southwest 07/14/15 108.0 108.0 N 17, 18
Blackwell Solar, LLC
ER15-55-000 BlackwellBlackwell Solar, LLC
Roseville Electric
04/16/15 CAISO Southwest 04/2015 12.0 12.0 N 19, 20
Lost Hills Solar, LLC
ER15-54-000 Lost HillsLost Hills Solar, LLC
Roseville Electric
04/16/15 CAISO Southwest 04/2015 20.0 20.0 N 21, 22
Page 2 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 2: Long-Term Purchased Power Agreements (PPA)
[A] [B] [C] [D] [E] [F] [G] [H] [I]
Filing Entity and its Energy Affiliates
Docket # where MBR authority
was grantedSeller Name
Amount of PPA (MW)
Market / Balancing
Authority Area
Geographic Region
Start Date (mo/da/yr)
End Date (mo/da/yr)
End Note Number (Enter text in End Note Tab)
Boulder Solar Power, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Parrey, LLC ER16-1154-001 N/A N/A N/A N/A N/A N/A 23
Solar Star California XLI, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Golden Fields Solar I, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Java Solar, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Kingbird Solar A, LLC ER16-38-001 N/A N/A N/A N/A N/A N/A 23
Kingbird Solar B, LLC ER16-39-001 N/A N/A N/A N/A N/A N/A 23
Solar Star Colorado III, LLC ER15-2224-000 N/A N/A N/A N/A N/A N/A 23
Solar Star California XIII, LLC ER15-1218-000 N/A N/A N/A N/A N/A N/A 23
Blackwell Solar, LLC ER15-55-000 N/A N/A N/A N/A N/A N/A 23
Lost Hills Solar, LLC ER15-54-000 N/A N/A N/A N/A N/A N/A 23
Location
Page 3 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 3: Transmission Assets / Natural Gas Assets
Electric Transmission Assets and/or Natural Gas Intrastate Pipelines and/or Gas Storage Facilities[A] [B] [C] [D] [E] [F] [G] [H] [I] [J]
Size
Filing Entity and its Energy
Affiliates
Cite to order accepting OATT or
order approving the transfer of transmission
facilities to an RTO or ISO
Asset Name and Use Owned By Controlled ByDate Control Transferred
Market / Balancing Authority
Area
Geographic Region Size: (length and kV)
End Note Number (Enter text in End Note
Tab)
Boulder Solar Power, LLC
N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Boulder Solar Power, LLC
Boulder Solar Power, LLC
N/A NEVP Northwest2.3 miles,
230 kV24, 25
Parrey, LLC N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Parrey, LLC Parrey, LLC N/A CAISO Southwest1.5 miles,
115 kV24, 25
Solar Star California XLI, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Golden Fields Solar I, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Java Solar, LLC N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Java Solar, LLC Java Solar, LLC N/A CAISO Southwest1.5 miles,
115 kV24, 25
Kingbird Solar A, LLC
N/A
Shared gen-tie line and poles and Shared Facilities Agreements
Kingbird Solar A, LLC AV Solar Ranch 1, LLC N/A CAISO Southwest 230 kV 24, 25
Location
Page 4 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Kingbird Solar B, LLC
N/A
Shared gen-tie line and poles and Shared Facilities Agreements
Kingbird Solar B, LLC AV Solar Ranch 1, LLC N/A CAISO Southwest 230 kV 24, 25
Solar Star Colorado III, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Solar Star California XIII, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Blackwell Solar, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Lost Hills Solar, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Page 5 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Asset Appendix: End Notes
[A] [B] [C]
End Note Number
List (Generation,
PPA, or Transmission)
Explanatory Note
1 Generation Regarding Cell F6, the Boulder Solar I Project is under development. There has been no transfer of control over it.
2 Generation Nameplate capacity is in MWac.
3 Generation Regarding Cell F7, the Henrietta Solar Project is under development. There has been no transfer of control over it.
4 Generation Nameplate capacity is in MWac (from EIA-860).
5 Generation Regarding Cell F8, the Stanford Solar Generating Station is under development. There has been no transfer of control over it.
6 Generation Nameplate capacity is in MWac.
7 Generation Regarding Cell F9, the Golden Fields Solar I Project is under development. There has been no transfer of control over it.
8 Generation Nameplate capacity is in MWac.
9 Generation Regarding Cell F10, the Java Solar Project is under development. There has been no transfer of control over it.
10 Generation Nameplate capacity is in MWac.
11 GenerationRegarding Cell F11, see 8point3 Energy Partners LP, Notification of Closing, Docket No. EC16-41-000 (filed Apr. 15, 2016) (advising the Commission of the consummation of the sale by First Solar, Inc. of indirect equity interests in Kingbird Solar A, LLC to 8point3 Operating Company, LLC).
12 Generation Nameplate capacity is in MWac (from EIA-860).
Page 6 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
13 GenerationRegarding Cell F12, see 8point3 Energy Partners LP, Notification of Closing, Docket No. EC16-41-000 (filed Apr. 15, 2016) (advising the Commission of the consummation of the sale by First Solar, Inc. of indirect equity interests in Kingbird Solar B, LLC to 8point3 Operating Company, LLC).
14 Generation Nameplate capacity is in MWac (from EIA-860).
15 GenerationRegarding Cell F13, see Solar Star Colorado III, LLC, Notice of Consummation of Transaction, Docket No. EC16-80-000 (filed Apr. 11, 2016) (advising the Commission of the consummation of the sale by SunPower Corp. of indirect equity interests in Solar Star Colorado III, LLC to 8point3 Operating Company, LLC).
16 Generation Nameplate capacity is in MWac (from EIA-860).
17 GenerationRegarding Cell F14, see 8point3 Energy Partners LP, et al ., Notification of Closing, Docket No. EC15-129-000 (filed June 29, 2015) (advising the Commission of the consummation of the proposed transactions through which ownership and control of Solar Star California XIII, LLC was transferred to 8point3 Operating Company, LLC).
18 Generation Nameplate capacity is in MWac (from EIA-860).
19 Generation
Regarding Cell E15, see, e.g. , Blackwell Solar, LLC, et al ., Notice of Non-Material Change in Status, Docket Nos. ER15-54-000, et al . (filed May 15, 2015) (stating that "Roseland Electric" controls the output of the Blackwell Project). Regarding Cell F15, see Blackwell Solar, LLC, et al ., Notice of Consummation, Docket No. EC15-79-000 (filed Apr. 23, 2015) (advising the Commission of the consummation of the transaction through which Southern Renewable Partnerships, LLC acquired 100% of the managing Class A membership interests in Lost Hills Blackwell Holdings, LLC).
20 Generation Nameplate capacity is in MWac (from EIA-860).
21 Generation
Regarding Cell E16, see, e.g. , Blackwell Solar, LLC, et al ., Notice of Non-Material Change in Status, Docket Nos. ER15-54-000, et al . (filed May 15, 2015) (stating that "Roseland Electric" controls the output of the Lost Hills Project). Regarding Cell F16, see Blackwell Solar, LLC, et al ., Notice of Consummation, Docket No. EC15-79-000 (filed Apr. 23, 2015) (advising the Commission of the consummation of the transaction through which Southern Renewable Partnerships, LLC acquired 100% of the managing Class A membership interests in Lost Hills Blackwell Holdings, LLC).
22 Generation Nameplate capacity is in MWac (from EIA-860).
23 PPA None of Applicant or its affiliates is the purchaser under any power purchase agreement.
24 TransmissionTable 3 does not include intrastate natural gas pipelines owned by affiliates of Total S.A. (“Total”) that are used solely to service Total’s industrialoperations in Texas.
25 TransmissionApplicant and its affiliates either already qualify or will qualify for the blanket waiver provided in the Commission's Order No. 807 because they do not own or control electric transmission facilities other than those limited transmission facilities necessary to interconnect individual generation facilities to the grid.
Page 7 of 7
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
ATTACHMENT C
Organizational Chart
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
1. Availability: Boulder Solar Power, LLC (“Seller”) makes electric energy, capacity, and ancillary services available under this Market-Based Rate Tariff (“Tariff”) to any purchaser with whom Seller has contracted, except as prohibited below.
2. Rates: All sales shall be made at rates established by agreement between the purchaser and Seller.
3. Other Terms and Conditions: All other terms and conditions shall be established by agreement between the purchaser and Seller.
4. Seller Category: Seller is a Category 1 seller in all regions, as defined in 18 C.F.R. § 35.36(a).
5. Compliance with Commission Regulations: Seller shall comply with the provisions of 18 C.F.R. Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its orders concerning Seller’s market-based rate authority, including orders in which the Commission authorizes Seller to engage in affiliate sales under this tariff or otherwise restricts or limits the Seller’s market-based rate authority. Failure to comply with the applicable provisions of 18 C.F.R. Part 35, Subpart H, and with any orders of the Commission concerning Seller’s market-based rate authority, will constitute a violation of this Tariff.
6. Limitations and Exemptions Regarding Market-Based Rate Authority: Seller has received: (1) waiver of Subparts B and C of 18 C.F.R. Part 35, except for sections 35.12(a), 35.13(b), 35.15, and 35.16; (2) waiver of 18 C.F.R. Parts 41, 101 (with the exception that waiver of the provisions of Part 101 that apply to hydropower licensees is not granted with respect to licensed hydropower projects), and 141 (with the exception of sections 141.14 and 141.15); and (3) blanket authorization under Section 204 of the Federal Power Act, 16 U.S.C. § 824c, and 18 C.F.R. Part 34 for all future issuances of securities and assumptions of liabilities. Boulder Solar Power, LLC, Docket No. ER16-____-000 (2016).
7. Ancillary Services: Seller also will make available to any purchaser with whom it has contracted the following ancillary services:
a. PJM: Seller offers regulation and frequency response service, energy imbalance service, and operating reserve service (which includes spinning, 10-minute, and 30-minute reserves) for sale into the market administered by PJM Interconnection, L.L.C. (“PJM”) and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services requirements of the PJM Office of Interconnection.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 2 -
b. New York: Seller offers regulation and frequency response service, and operating reserve service (which include 10-minute non-synchronous, 30-minute operating reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to purchasers in the market administered by the New York Independent System Operator, Inc.
c. New England: Seller offers regulation and frequency response service (automatic generator control), operating reserve service (which includes 10-minute spinning reserve, 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.
d. California: Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation (“CAISO”) and to others that are self-supplying ancillary services to the CAISO.
e. MISO: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midcontinent Independent System Operator, Inc. (MISO) and to others that are self-supplying ancillary services to MISO.
f. Southwest Power Pool: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Southwest Power Pool, Inc. (SPP) and to others that are self-supplying ancillary services to SPP.
g. Ancillary Services - Third-Party Provider: Third-party ancillary services: Seller offers Regulation and Frequency Response Service, Reactive Supply and Voltage Control Service, Energy and Generator Imbalance Service, Operating Reserve-Spinning, and Operating Reserve-Supplemental. Sales will not include the following: (1) sales to an RTO or an ISO, i.e., where that entity has no ability to self-supply ancillary services but instead depends on third parties; and (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission service is on the system of the public utility affiliated with the third-party supplier. Sales of Operating Reserve-Spinning and Operating Reserve-Supplemental will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except where the Commission has granted authorization. Sales of Regulation and Frequency Response Service and Reactive Supply and Voltage Control Service will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except at rates not to exceed the buying public utility transmission provider’s OATT rate for the same service or where the Commission has granted authorization.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
- 3 -
8. Revisions to Tariff: Seller may file revisions to this Tariff with the Commission. Nothing contained in this Tariff shall be construed as affecting or limiting in any way the right of Seller to unilaterally file with the Commission for a change in any aspect of this Tariff under Section 205 of the Federal Power Act, 16 U.S.C. § 824d, and the Commission’s rules and regulations promulgated thereunder.
9. Effective Date: This Tariff is effective as of the date specified by the Commission.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
FERC rendition of the electronically filed tariff records in Docket No. ER16-01882-000Filing Data:CID: C005278Filing Title: Market-Based Rate TariffCompany Filing Identifier: 67Type of Filing Code: 400Associated Filing Identifier: Tariff Title: Tariffs, Rate Schedules and Service AgreementsTariff ID: 35Payment Confirmation: Suspension Motion: N
Tariff Record Data:Record Content Description, Tariff Record Title, Record Version Number, Option Code: MBR Tariff, Market-Based Rate Tariff, 1.0.0, A
Record Narative Name: Tariff Record ID: 58Tariff Record Collation Value: 1000 Tariff Record Parent Identifier: 0Proposed Date: 2016-07-01Priority Order: 500Record Change Type: NewRecord Content Type: 1Associated Filing Identifier:
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
BOULDER SOLAR POWER, LLC
MARKET-BASED RATE TARIFF
1. Availability: Boulder Solar Power, LLC (“Seller”) makes electric energy, capacity, and ancillary services available under this Market-Based Rate Tariff (“Tariff”) to any purchaser with whom Seller has contracted, except as prohibited below.
2. Rates: All sales shall be made at rates established by agreement between the purchaser and Seller.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
3. Other Terms and Conditions: All other terms and conditions shall be established by agreement between the purchaser and Seller.
4. Seller Category: Seller is a Category 1 seller in all regions, as defined in 18 C.F.R. § 35.36(a).
5. Compliance with Commission Regulations: Seller shall comply with the provisions of 18 C.F.R. Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its orders concerning Seller’s market-based rate authority, including orders in which the Commission authorizes Seller to engage in affiliate sales under this tariff or otherwise restricts or limits the Seller’s market-based rate authority. Failure to comply with the applicable provisions of 18 C.F.R. Part 35, Subpart H, and with any orders of the Commission concerning Seller’s market-based rate authority, will constitute a violation of this Tariff.
6. Limitations and Exemptions Regarding Market-Based Rate Authority: Seller has received: (1) waiver of Subparts B and C of 18 C.F.R. Part 35, except for sections 35.12(a), 35.13(b), 35.15, and 35.16; (2) waiver of 18 C.F.R. Parts 41, 101 (with the exception that waiver of the provisions of Part 101 that apply to hydropower licensees is not granted with respect to licensed hydropower projects), and 141 (with the exception of sections 141.14 and 141.15); and (3) blanket authorization under Section 204 of the Federal Power Act, 16 U.S.C. § 824c, and 18 C.F.R. Part 34 for all future issuances of securities and assumptions of liabilities. Boulder Solar Power, LLC, Docket No. ER16-____-000 (2016).
7. Ancillary Services: Seller also will make available to any purchaser with whom it has contracted the following ancillary services:
a. PJM: Seller offers regulation and frequency response service, energy imbalance service, and operating reserve service (which includes spinning, 10-minute, and 30-minute reserves) for sale into the market administered by PJM Interconnection, L.L.C. (“PJM”) and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services requirements of the PJM Office of Interconnection.
b. New York: Seller offers regulation and frequency response service, and operating reserve service (which include 10-minute non-synchronous, 30-minute operating reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to purchasers in the market administered by the New York Independent System Operator, Inc.
c. New England: Seller offers regulation and frequency response service (automatic generator control), operating reserve service (which includes 10-minute spinning reserve, 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
d. California: Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation (“CAISO”) and to others that are self-supplying ancillary services to the CAISO.
e. MISO: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midcontinent Independent System Operator, Inc. (MISO) and to others that are self-supplying ancillary services to MISO.
f. Southwest Power Pool: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Southwest Power Pool, Inc. (SPP) and to others that are self-supplying ancillary services to SPP.
g. Ancillary Services - Third-Party Provider: Third-party ancillary services: Seller offers Regulation and Frequency Response Service, Reactive Supply and Voltage Control Service, Energy and Generator Imbalance Service, Operating Reserve-Spinning, and Operating Reserve-Supplemental. Sales will not include the following: (1) sales to an RTO or an ISO, i.e., where that entity has no ability to self-supply ancillary services but instead depends on third parties; and (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission service is on the system of the public utility affiliated with the third-party supplier. Sales of Operating Reserve-Spinning and Operating Reserve-Supplemental will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except where the Commission has granted authorization. Sales of Regulation and Frequency Response Service and Reactive Supply and Voltage Control Service will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except at rates not to exceed the buying public utility transmission provider’s OATT rate for the same service or where the Commission has granted authorization.
8. Revisions to Tariff: Seller may file revisions to this Tariff with the Commission. Nothing contained in this Tariff shall be construed as affecting or limiting in any way the right of Seller to unilaterally file with the Commission for a change in any aspect of this Tariff under Section 205 of the Federal Power Act, 16 U.S.C. § 824d, and the Commission’s rules and regulations promulgated thereunder.
9. Effective Date: This Tariff is effective as of the date specified by the Commission.
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 1: Market-Based Rate Authority and Generation Assets
[A] [B] [C] [D] [E] [F] [G] [H] [I] [J] [K] [L] [M]
Filing Entity and its Energy
Affiliates
Docket # where MBR authority
was granted
Generation Name (Plant or Unit
Name)Owned By Controlled By
Date Control
Transferred
Market / Balancing Authority
Area
Geographic Region
In-Service Date
Capacity Rating:
Nameplate (MW)
Capacity Rating: Used in
Filing (MW)
Capacity Rating: Methodology Used in [K]:
(N)ameplate, (S)easonal, 5-yr
(U)nit, 5-yr (E)IA, (A)lternative
End Note Number
(Enter text in End
Note Tab)
Boulder Solar Power, LLC
ER16-___-000
Boulder Solar I Project (a/k/a Boulder Solar I Nevada)
Boulder Solar Power, LLC
Boulder Solar Power, LLC
N/A NEVP NorthwestExpected
2016100.0 100.0 N 1, 2
Parrey, LLC ER16-1154-001Henrietta Solar Project
Parrey, LLC Parrey, LLC N/A CAISO SouthwestExpected
2016102.0 102.0 N 3, 4
Solar Star California XLI, LLC
ER16-___-000
Stanford Solar Generating Station (a/k/a Rosamond Solar Project Phase I)
Solar Star California XLI, LLC
Solar Star California XLI, LLC
N/A CAISO SouthwestExpected
201654.0 54.0 N 5, 6
Golden Fields Solar I, LLC
ER16-___-000
Golden Fields Solar I Project (a/k/a Rosamond Solar Project Phase II)
Golden Fields Solar I, LLC
Golden Fields Solar I, LLC
N/A CAISO SouthwestExpected
201654.0 54.0 N 7, 8
Java Solar, LLC
ER16-___-000 Java Solar ProjectJava Solar, LLC
Java Solar, LLC
N/A CAISO SouthwestExpected
201714.0 14.0 N 9, 10
Kingbird Solar A, LLC
ER16-38-001 Kingbird Solar LLCKingbird Solar A, LLC
Kingbird Solar A, LLC
03/31/16 CAISO SouthwestExpected
201620.0 20.0 N 11, 12
Kingbird Solar B, LLC
ER16-39-001 Kingbird Solar LLCKingbird Solar B, LLC
Kingbird Solar B, LLC
03/31/16 CAISO SouthwestExpected
201620.0 20.0 N 13, 14
Solar Star Colorado III, LLC
ER15-2224-000 Hooper SolarSolar Star Colorado III, LLC
Solar Star Colorado III, LLC
04/01/16 PSCO Northwest 11/16/15 52.0 52.0 N 15, 16
Solar Star California XIII, LLC
ER15-1218-000Quinto Solar PV Project
Solar Star California XIII, LLC
Solar Star California XIII, LLC
06/24/15 CAISO Southwest 07/14/15 108.0 108.0 N 17, 18
Blackwell Solar, LLC
ER15-55-000 BlackwellBlackwell Solar, LLC
Roseville Electric
04/16/15 CAISO Southwest 04/2015 12.0 12.0 N 19, 20
Lost Hills Solar, LLC
ER15-54-000 Lost HillsLost Hills Solar, LLC
Roseville Electric
04/16/15 CAISO Southwest 04/2015 20.0 20.0 N 21, 22
Location
Page 1 of 5
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 2: Long-Term Purchased Power Agreements (PPA)
[A] [B] [C] [D] [E] [F] [G] [H] [I]
Filing Entity and its Energy Affiliates
Docket # where MBR authority
was grantedSeller Name
Amount of PPA (MW)
Market / Balancing
Authority Area
Geographic Region
Start Date (mo/da/yr)
End Date (mo/da/yr)
End Note Number (Enter text in End Note Tab)
Boulder Solar Power, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Parrey, LLC ER16-1154-001 N/A N/A N/A N/A N/A N/A 23
Solar Star California XLI, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Golden Fields Solar I, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Java Solar, LLC ER16-___-000 N/A N/A N/A N/A N/A N/A 23
Kingbird Solar A, LLC ER16-38-001 N/A N/A N/A N/A N/A N/A 23
Kingbird Solar B, LLC ER16-39-001 N/A N/A N/A N/A N/A N/A 23
Solar Star Colorado III, LLC ER15-2224-000 N/A N/A N/A N/A N/A N/A 23
Solar Star California XIII, LLC ER15-1218-000 N/A N/A N/A N/A N/A N/A 23
Blackwell Solar, LLC ER15-55-000 N/A N/A N/A N/A N/A N/A 23
Lost Hills Solar, LLC ER15-54-000 N/A N/A N/A N/A N/A N/A 23
Location
Page 2 of 5
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Table 3: Transmission Assets / Natural Gas Assets
Electric Transmission Assets and/or Natural Gas Intrastate Pipelines and/or Gas Storage Facilities[A] [B] [C] [D] [E] [F] [G] [H] [I] [J]
Size
Filing Entity and its Energy
Affiliates
Cite to order accepting OATT or order approving the transfer of transmission
facilities to an RTO or ISO
Asset Name and Use Owned By Controlled ByDate Control Transferred
Market / Balancing Authority
Area
Geographic Region Size: (length and kV)
End Note Number (Enter text in End Note
Tab)
Boulder Solar Power, LLC
N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Boulder Solar Power, LLC
Boulder Solar Power, LLC
N/A NEVP Northwest2.3 miles,
230 kV24, 25
Parrey, LLC N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Parrey, LLC Parrey, LLC N/A CAISO Southwest1.5 miles,
115 kV24, 25
Solar Star California XLI, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Golden Fields Solar I, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Java Solar, LLC N/A
Shared gen-tie line and related premises and facilities and Shared Facilities Agreement
Java Solar, LLC Java Solar, LLC N/A CAISO Southwest1.5 miles,
115 kV24, 25
Kingbird Solar A, LLC
N/A
Shared gen-tie line and poles and Shared Facilities Agreements
Kingbird Solar A, LLC AV Solar Ranch 1, LLC N/A CAISO Southwest 230 kV 24, 25
Kingbird Solar B, LLC
N/A
Shared gen-tie line and poles and Shared Facilities Agreements
Kingbird Solar B, LLC AV Solar Ranch 1, LLC N/A CAISO Southwest 230 kV 24, 25
Solar Star Colorado III, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Solar Star California XIII, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Blackwell Solar, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Lost Hills Solar, LLC
N/A N/A N/A N/A N/A N/A N/A N/A 24, 25
Location
Page 3 of 5
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
Asset Appendix: End Notes
[A] [B] [C]
End Note Number
List (Generation,
PPA, or Transmission)
Explanatory Note
1 Generation Regarding Cell F6, the Boulder Solar I Project is under development. There has been no transfer of control over it.
2 Generation Nameplate capacity is in MWac.
3 Generation Regarding Cell F7, the Henrietta Solar Project is under development. There has been no transfer of control over it.
4 Generation Nameplate capacity is in MWac (from EIA-860).
5 Generation Regarding Cell F8, the Stanford Solar Generating Station is under development. There has been no transfer of control over it.
6 Generation Nameplate capacity is in MWac.
7 Generation Regarding Cell F9, the Golden Fields Solar I Project is under development. There has been no transfer of control over it.
8 Generation Nameplate capacity is in MWac.
9 Generation Regarding Cell F10, the Java Solar Project is under development. There has been no transfer of control over it.
10 Generation Nameplate capacity is in MWac.
11 GenerationRegarding Cell F11, see 8point3 Energy Partners LP, Notification of Closing, Docket No. EC16-41-000 (filed Apr. 15, 2016) (advising the Commission of the consummation of the sale by First Solar, Inc. of indirect equity interests in Kingbird Solar A, LLC to 8point3 Operating Company, LLC).
12 Generation Nameplate capacity is in MWac (from EIA-860).
13 GenerationRegarding Cell F12, see 8point3 Energy Partners LP, Notification of Closing, Docket No. EC16-41-000 (filed Apr. 15, 2016) (advising the Commission of the consummation of the sale by First Solar, Inc. of indirect equity interests in Kingbird Solar B, LLC to 8point3 Operating Company, LLC).
14 Generation Nameplate capacity is in MWac (from EIA-860).
15 GenerationRegarding Cell F13, see Solar Star Colorado III, LLC, Notice of Consummation of Transaction, Docket No. EC16-80-000 (filed Apr. 11, 2016) (advising the Commission of the consummation of the sale by SunPower Corp. of indirect equity interests in Solar Star Colorado III, LLC to 8point3 Operating Company, LLC).
16 Generation Nameplate capacity is in MWac (from EIA-860).
17 GenerationRegarding Cell F14, see 8point3 Energy Partners LP, et al ., Notification of Closing, Docket No. EC15-129-000 (filed June 29, 2015) (advising the Commission of the consummation of the proposed transactions through which ownership and control of Solar Star California XIII, LLC was transferred to 8point3 Operating Company, LLC).
18 Generation Nameplate capacity is in MWac (from EIA-860).
19 Generation
Regarding Cell E15, see, e.g. , Blackwell Solar, LLC, et al ., Notice of Non-Material Change in Status, Docket Nos. ER15-54-000, et al . (filed May 15, 2015) (stating that "Roseland Electric" controls the output of the Blackwell Project). Regarding Cell F15, see Blackwell Solar, LLC, et al ., Notice of Consummation, Docket No. EC15-79-000 (filed Apr. 23, 2015) (advising the Commission of the consummation of the transaction through which Southern Renewable Partnerships, LLC acquired 100% of the managing Class A membership interests in Lost Hills Blackwell Holdings, LLC).
Page 4 of 5
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Applicant and Affiliates
20 Generation Nameplate capacity is in MWac (from EIA-860).
21 Generation
Regarding Cell E16, see, e.g. , Blackwell Solar, LLC, et al ., Notice of Non-Material Change in Status, Docket Nos. ER15-54-000, et al . (filed May 15, 2015) (stating that "Roseland Electric" controls the output of the Lost Hills Project). Regarding Cell F16, see Blackwell Solar, LLC, et al ., Notice of Consummation, Docket No. EC15-79-000 (filed Apr. 23, 2015) (advising the Commission of the consummation of the transaction through which Southern Renewable Partnerships, LLC acquired 100% of the managing Class A membership interests in Lost Hills Blackwell Holdings, LLC).
22 Generation Nameplate capacity is in MWac (from EIA-860).
23 PPA None of Applicant or its affiliates is the purchaser under any power purchase agreement.
24 TransmissionTable 3 does not include intrastate natural gas pipelines owned by affiliates of Total S.A. (“Total”) that are used solely to service Total’s industrialoperations in Texas.
25 TransmissionApplicant and its affiliates either already qualify or will qualify for the blanket waiver provided in the Commission's Order No. 807 because they do not own or control electric transmission facilities other than those limited transmission facilities necessary to interconnect individual generation facilities to the grid.
Page 5 of 5
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM
Document Content(s)
Boulder_Solar_Power_MBR_Application.PDF...............................1-28
Boulder_Solar_Power_MBR_Tariff.PDF....................................29-32
FERC GENERATED TARIFF FILING.RTF......................................33-35
Boulder_Solar_Power_Asset_Appendix.XLSX...............................36-40
20160603-5296 FERC PDF (Unofficial) 6/3/2016 12:51:20 PM