S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *
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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) LIBERTY POWER DELAWARE LLC ) for approval of a renewable energy plan to ) Case No. U comply with the requirements of Public Act 29 ) of ) ) ) In the matter of the application of ) LIBERTY POWER HOLDINGS LLC for ) Case No. U approval of a renewable energy plan to comply ) with the requirements of Public Act 295 of ) ) At the May 26, 2009 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. Orjiakor N. Isiogu, Chairman Hon. Monica Martinez, Commissioner Hon. Steven A. Transeth, Commissioner ORDER On October 21, 2008, the Commission opened dockets in these cases addressing the regulatory issues created by the passage of Public Act 286 of 2008, an amendment to the Customer Choice and Electricity Reliability Act, 2000 PA 141; MCL et seq., and Public Act 295 of 2008, the Clean, Renewable and Efficient Energy Act, MCL et seq. (Act 295). In the orders, the Commission required Liberty Power Delaware LLC and Liberty Power Holdings LLC, licensed alternative electric suppliers (AES), to file with the Commission plans for establishing renewable energy programs. In addition, the Commission allowed a provider, including an AES,
2 to consolidate its case with another provider as long as the petition to consolidate was filed on or before November 19, The plans were to be filed within 90 days after the Commission issued a temporary order pursuant to Section 191 of Act 295. The Commission issued a temporary order in Case No. U on December 4, On November 12, 2008, Liberty Power Delaware and Liberty Power Holdings filed a petition to consolidate the above referenced cases. The petition alleges that Liberty Power Delaware and Liberty Power Holdings operate under common ultimate parent ownership and from the same location with common management and operational staff. Therefore, Liberty Power Delaware and Liberty Power Holdings request that the two cases be consolidated for purposes of all reviews, revisions, determinations, and/or approvals necessary for both companies to fully comply with Public Acts 286 and 295 of On April 27, 2009, Liberty Power Delaware and Liberty Power Holdings each filed with the Commission a letter regarding their renewable energy plans. In the letters, Liberty Power Delaware and Liberty Power Holdings state that they have not served any retail customers in Michigan since their certification on April 24, However, Liberty Power Delaware and Liberty Power Holdings stated that their plans for meeting the requirements of Act 295 at such time as either of the companies begins serving customers in Michigan include the purchase of renewable energy credits, renewable energy, or both. According to the companies, these purchases will be made through contracts with suppliers of renewable energy resources or through others that transact in such resources. Further, Liberty Power Delaware and Liberty Power Holdings stated that the costs of complying with Act 295 will be recovered through energy prices to customers and will be provided for in contracts with customers. Finally, Liberty Power Page 2 U et al.
3 Delaware and Liberty Power Holdings stated that they would calculate the required renewable energy resource purchase requirements by using the weather normalized sales data. The Commission Staff (Staff) reviewed Liberty Power Delaware s and Liberty Power Holdings letters and agrees that Liberty Power Delaware and Liberty Power Holdings do not have any retail customers in Michigan and have no affected parties to notify. The Staff recommends the Commission find that Premier is in compliance with the requirements of Act 295. Section 23(2) of Act 295, MCL (2), provides that an AES s proposed renewable energy plan must fulfill both of the following requirements: (a) the plan must describe how the AES will meet the renewable energy standards, and (b) the plan must specify whether the number of megawatt-hours (MWh) used in the calculation of the renewable energy portfolio will be weather-normalized or based on the average number of MWh sold to Michigan retail customers annually during the previous three years. The Commission finds that the renewable energy plan filed by Liberty Power Delaware and Liberty Power Holdings meet these two requirements. THEREFORE, IT IS ORDERED, that: A. The renewable energy plans of Liberty Power Delaware LLC and Liberty Power Holdings LL are approved. B. Liberty Power Delaware LLC and Liberty Power Holdings LL shall not be required to file annual reports with the Commission. In the event either Liberty Power Delaware LLC or Liberty Power Holdings LL begin serving retail customers in Michigan, they shall file an annual report with the Commission describing the status of compliance with the requirements of Public Act 295 of 2008 by May 1, 2010, and annually thereafter until further order of the Commission. Page 3 U et al.
4 C. Absent an earlier application filed by Liberty Power Delaware LLC and Liberty Power Holdings LL for authority to amend their plans, the renewable energy plans approved by this order shall be reviewed by the Commission in two years. D. The consolidation petitions of Liberty Power Delaware LLC and Liberty Power Holdings LLC are granted. The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, under MCL MICHIGAN PUBLIC SERVICE COMMISSION Orjiakor N. Isiogu, Chairman Monica Martinez, Commissioner By its action of May 26, Steven A. Transeth, Commissioner Mary Jo Kunkle, Executive Secretary Page 4 U et al.
5 P R O O F O F S E R V I C E STATE OF MICHIGAN ) Case No. U County of Ingham ) Mignon Middlebrook being duly sworn, deposes and says that on May 26, 2009 A.D. she served a copy of the attached Commission orders by first class mail, postage prepaid, or by inter-departmental mail, to the persons as shown on the attached service list. Subscribed and sworn to before me this 26th day of May 2009 Mignon Middlebrook Sharron A. Allen Notary Public, Ingham County, MI My Commission Expires August 16, 2011
6 Liberty Power Delaware LLC Alberto Daire 800 W. Cypress Creek Road, Suite 410 Fort Lauderdale FL Service List U-15835
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