20180703Walker Declaration.pdf

Case 1:1"8-cv-00236-REB Document 7-2 Filed 07/03/18 Page 1 of 5
Steven B. Andersen (ISB 2618)
sba@aswblav,.com
Wade L. Woodard (ISB 6312)
wlw@nswblav'.com
ANDERSEN SCHWARTZMAN
WOODARD BRAILSFORD, PLLC
101 South Capitol Boulevard, Suite 1600
Boise,lD 83702-7720
Telephone: 208.342.441 I
Facsimile: 208.342.4455
Attorneys for Defendant-Intervenor ldaho P ower
Company
FRANKLIN ENERGY STORAGE ONE,
LLC, FRANKLIN ENERGY STORAGE
TWO, LLC, FRANKLIN ENERGY
STORAGE THREE, LLC, FRANKLIN
ENERGY STORAGE FOUR, LLC,
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Case No.: I : 18-cv-00236-REB
DECLARATION OF DONOVAN E.
WALKER
md,
Plaintiffs,
vs.
PAUL zuELLANDER, KRISTINE RAPER
and ERIC ANDERSON, intheirofficial
capacity as Commissioners of the IDAHO
PUBLIC UTILITIES COMMTSSION,
Defendants,
IDAHO POWER COMPANY,
D efendant- [ntervenor.
I, DONOVAN E. WALKER, pursuant to Idaho Code Section9-1406, declare as follows:
l. I am Lead Counsel for Idaho Power Company ("Idaho Power"), the applicant
seeking to intervene as a defendant in the above-captioned matter.
DECLARATION OF DONOVAN E. WALKER. 1
Case 1:18-cv-00236-REB Document 7-2 Filed 07/03/L8 Page 2 ol5
2. I submit this Declaration in support of Idaho Power's Memorandum in Support of
its Motion to Intervene.
3. Attached hereto as Exhibit I is a true and correct copy of Plaintiff Franklin Energy
Storage One, LLC's proposed battery storage facility's Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the Federal Energy Regulatory
Commission's ("FERC") Form 556 Certification of Qualifying Facility ("QF") Status for a Small
Power Production or Cogeneration Facility and the proposed project's generatior/output profile
submitted by Plaintiff Franklin Energy Storage One, LLC to Idaho Power in January 2017.
4. Attached hereto as Exhibit 2 is a true and correct copy of Plaintiff Franklin Energy
Storage Two, LLC's proposed battery storage facility's Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the FERC Form 556 Certification
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project's
generation/output profile submitted by Plaintiff Franklin Energy Storage Two, LLC to Idaho
Power in January 2017.
5. Attached hereto as Exhibit 3 is a true and correct copy of PlaintiffFranklin Energy
Storage Th,ree, LLC's proposed battery storage facility's Schedule 73 application requesting
standard/published avoided cost pricing and 2O-year contracts, the FERC Form 556 Certification
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project's
generatior/output profile submiued by Plaintiff Franklin Engrgy Storage Three, LLC to Idaho
Power in January 2017.
6. Attached hereto as Exhibit 4 is a true and correct copy of Plaintiff Franklin Energy
Storage Four, LLC's proposed battery storage facility's Schedule 73 application requesting
standard/published avoided cost pricing and 20-year contracts, the FERC Form 556 Certification
DECLARATION OF DONOVAN E. WALKER - 2
Case 1:18-cv-00236-REB Document 7-2 Filed 07/03/L8 Page 3 of 5
of QF Status for a Small Power Production or Cogeneration Facility and the proposed project's
generation/output profile submitted by Plaintiff Franklin Energy Storage Four, LLC to Idaho
Power in January 2017.
7 . Attached hereto as Ixhibit 5 is a true and correct copy of a map submitted to Idaho
Power by Plaintiffs, which depicts the location and layout of each of Plaintiffs' four proposed
battery storage facilities.
8. Attached hereto as Exhibit 6 is a true and comect copy of Idaho Power's Idaho
Public Utilities Commission (.'IPUC") Tariff Schedule 73, Cogeneration and Small Power
Production Schedule - Idaho, which sets forth the application and contracting process and
procedures by which QFs are required to request contracts with Idaho Power under the Public
Utility Regulatory Policies Act of 1978.
9. Attached hereto as Exhibit 7 is atrue and correct copy of a letter from Idaho Power
to Plaintiffs' counsel, dated February 9,2017.
10. Attached hereto as Exhibit 8 is a true and correct copy of a letter from Plaintiffs'
counsel to tdaho Power, dated February 10, 2017.
I 1. Attached hereto as Ixhibit 9 is a true and correct copy of a letter from Idatro Power
to Plaintiffs' counsel, dated February 27,2017.
12. Attached hereto as Exhibit 10 is a true and correct copy of Idaho Power's Petition
for Declaratory Order that it filed with the IPUC on or about February 27,2017 in Case No. IPC-
E-17-01.
13. Attached hereto as Exhibit 11 is a true and correct copy of the IPUC's Order No.
33785, dated July 13,2017 , that it issued in Case No. IPC-E-I7-01 .
DECLARATION OF DONOVAN E. WALKER. 3
Case 1:18-cv-00236-REB Document 7-2 Filed 07/03/l-8 Page 4 al5
14. Attached hereto as Exhibit 12 is a true and correct copy of the IPUC's Order No.
33858, dated August29,20l7, that it issued in Case No. IPC-E-17-01.
I declare under penalty of perjury pursuant to the law of the State of Idaho that the
foregoing is true and correct.
DATED this 3rd day of Ju1y,20t8.
lsl Donovan E. lTalker
Donovan E. Walker
DECLARATION OF DONOVAN E. WALKER - 4
Case 1:1B-cv-00236-REB Document 7-2 Filed 07/03/1-8 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of July, 2018, I caused a true and correct copy of the
foregoing document to be electronically filed with the Clerk of the Court using the CM/ECF
system, which sent a Notice of Electronic Filing to the following persons:
Peter J. Richardson
Robert C. Huntley
Brandon Karpen
ScottZaruig
oeter(@richardsonadams. com
lsl Steven B. Andersen
Steven B. Andersen
DECLARATION OF DONOVAN E. WALKER. 5
scott. zanzie@a g. i daho. eov
Case 1:1-8-cv-00236-REB Document 7-3 Filed 07/03/18 Page 1 of 58
EXHIBIT 1
case 1:18-cv-00236-REB Document 7-3 Filed 07103/1g page 2 of sg
Peter Richardson
Franklin E_nergy Storage One, LLC
515 N. 27n Street
Boise, Idaho 83702
[e-mail]
Ianuary 26,2017
Michael Darrington
Senior Energy Contract Coordinator
Idaho Power Company
l22l West Idaho Sheet
Boise, Idaho 83702
HAND DELIVERY
Dear Mr. Darrington:
Enclosed, pursuant to Idaho Power Company's ("Company") Tariff Schedule 73
("Schedule 73") you will find acompleted Qualifying Facility Energy Sales Agreement
Applioation ('Application") seeking an "indicative'pricing proposal" from the Company
for the Franklin Enetgy Storage One project. The Franklin Energy Storage One projeot
("Franklin One') is a 25 MW battery storage QF located in Idaho a few miles north of
Jackpot, Nevada. In addition to the information requested on the enclosed Application,
Schedule 73 separately requests additional information and documents that should
acoompany the Application. Each information request from Section 1 of the Contracting
Procedures Part of Schedule 73 is responded to in detail below:
Section l(a)(i) requests a copy of the organizational structure and chart, Iranklin
Energy Storage One, LLC has only one member, BCL & Associates, [,LC. Robert A.
Paul the non-member manager. As the organization is very 'flat' there is no
organizational chart.
Section l(aXii) requests a description of the "genemtion and other related
technology." This question is addressed in detail on the enclosed FERC Form 556 at
Paragraph 7(h), which fully describes the elestro-chemical battery system used by
Franktin One, which has been self-cedfied as a QF pursuant to FERC regulations.
Seclion l(aXiii) requests specifics as to the "mfiimum design copacity, station
service requirements, and the net amount of power, all in kW to be deliverod to *re
Franklin Energy Storage One, LLC
Schedule 73 Conhacting Procedures Checklist
Page I
Re: Schedule 73 Eneryy Sales Agreement Request, Franklin Energy Storage One,
LLC
case 1-:18-cv-00236-REB Document 7-3 Filed 07103/18 page 3 of 5g
Company's electric system." That information is provided in detail at Paragraphs 7a
through 7g on the enclosed FERC Form.556.
Section l(a)(iv) requests a "schedule of estimated Qualiffing Facility electric
output, in an 8,760-hour electronic spreadsheet format." The electronic spreadsheet is
attached to the enclosed Application.
Section 1(a)(v) seeks information as to whether the facility will have the ability to
"respond to dispatch orders from the Company." As described at Paragraph 7h on the
attached FERC Form 556, "The Facility will be utilized to provide the purchasing utility
[Idaho Power] with pe-scheduled and dispatchable AC energy within pre-determined
fime blocks" for a sustained time period of 5-60 minutes,
Section l(a)(vi) reguests a "map of the Qualiffing Facility location, electrical
intcrconnection point, and POD (identified by nearest landmark and GPS coordinates)."
The enclosed Application contains the requested map and coordinates. Note that the
Application requests the identity of the "Nearest City or landmark" rather thau just the
nearest landmark. The identity of the city of Jackpot, Nevada on the Applioation as the
nearest city should suffice as satisfying both requirernents (city and landmark) as we are
unaware of a near-by physical feature of the land that would stand out as a landmark in
the common usage of the term.
Section l(aXvii) requests the "anticipated comrnencement date for delivery of
electric output." As noted in Paragraph 1l on the attached FERC Form 556, Franklin One
anticipates a commercial operation date of June I , 201 8.
Section l(a)(viii) requests a list, and status, of acquired and outstanding petmits
The project is currently working toward finalizing Conditional Use Permit with Twin
Falls County. The County has already granted permits for wind, solar, and electrical
substation projects on this property - no major hurdles arc anticipated. All of the
necessary local agencies have been engaged to provide comment ancl feedback on the
proposed project. Building permits will be obtained prior to construction" Thete are
currently no anticipated schedule impacts to the Q4 2019 COD due to permitting.
Section l(a)(ix) requests a demonstration of the ability of the facility to obtain QF
status. The attached FERC Form 556 satisfies this requirement.
Section l(a)(x) requests a description of the fuel types and souces, The direct
source of energy provided to ldaho Powerwill be the electro-chemical reaction created in
the battery storage system. The battery storage system does not consume fuel. It will,
howeveq be energized by renewable energy sources such as solar, wind, biomass and the
like. The initial plan is to utilize the ample solar resource at thc site to fully energize the
battery storage systern, although additional renewable energy sources will be considered
and installed as nec€ssary in the future.
Franklin Energy Storage One, LLC
Schedule ?3 Contracting Procedurcs Checklist
Page2
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/l-B page 4 of 58
Section l(aXx| is cunently inapplicable as Franklin One has no plans to obtain
fuel or eraoge fuel tansportation for the facility at ttris time. Should the banery system
be energized with a renewable bio-fuel at some point in the future, then the projeot witl
provide Idatro Power with all the necessary fuel and transportation agreements at that
time.
Section l(a)(xii) is also inapplicable as the facility will be directly connected to
Idaho Power's eleotrical system.
Section I (a)(xiii) requests infonnation as to the interoonnection status of the
facility. The interconnection request is pending.
Section l(aXxiv) rtquests the proposed contracting term and rate option. As
indicated on the enclosed Application, Frar*lin One is requesting a twenty year contract
term and the published'Non-Levelized Non-Fueled Rates."
Within the next ten business days and pursuant to Section l(b) please provide
your rrwitten notice of any deficiencies in this rcquest or, if there are no deficiencies,
pursuant to Section l(c) please provide Idaho Power's indicative pricing proposal.
Very truly yours,
Peter J. Richardson, Counsel for
Franklin Energy Storage One, LLC
Cc: Donovan Walker
Idaho Power Company
1221 West ldaho Sneet
Boise,Idaho 83702
Franklin Eneryy Storage One, LLC
Schedulc 73 Connacting Proccdures Checklisl
Page 3
case 1:18-cv-00236-REB Documenr 7-3 Filed 07103/1g page 5 of sB
ldaho Power Company
!.P.U.G. No. 29. Tarif No. 101 ., , . Of,ginal,$lleet No. 73:9
nued)
ldaho Power Qualifying Facility (QF) contact information:
Mailing Address:
Physical Address:
Telephone number:
E-MailAddress:
IDAHO
lssued per Order No. 33197
Effec'tMe - January 1, 201 5
Attn: Energy Contracts, P O Box 70 Boise, lD 83702
1221W.ldaho Streat, Boiee, lD 83703
208-388-6070
rqllohint0id,ai,ooswpt.com
Preamble and lnetructlons
All generation facilities that qualify pursuant to ldaho Power Company Schedule 73 for a QF
Energy $ales Agraamant and wish to sell energy from their lacllity to ldaho Power musl
completa the follovring lnfonnatlon and suknil this Applieation by hand delivery, mail or E-rnail
to ldaho Power.
Upon rccalpt of a eomplete Applioalion, ldaho Power shall process this request for a QF Energy
Sales Agrcement purwant to ldaho Power Gompany Schedule 73.
Qualifr ing Facility lnformation
Prooossd Proiact
Name of Facility:Franklin Enernu Sttrllno One
Resource Type: (r.e. wind, solar, hydro, etcl: Battsnr Stgraoe - , ,..,.
Facility Location: GPS Coordinatee: Yll {lfr6 tl4?*2J$
Nearest City or landmark:J*ckoot Nevade
Name of Facility:Franklin Enarov Storeae One
County and Slate: fwln EallaCounty.ldaho
Map of Facility, including proposed interconnection point, {Sae i&qlECJ
Anticipated commencement date of energy deliveries to ldaho Portrer: Octohar
t.2019 . ,,.,
lssued by IDAHO POWER COMPANY
Gregory W Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
case 1:18-cv-00236-REB Document 7-3 Filed 07i03/18 page 6 of 5g
ldaho Power Company
LP.U.C. No. 29. Tariff No. 101 ,, Originat Sheet No. 73-9
scHEpuLET3
CoGENERATION ANp SMALL POWER PRODUCTTON SCHEDULE * rpAHO
QUALTFYTNG FACILTTY ENERGY $ALES AGREEMENT APPLICATTON
(Continued)
Facility Narneplate Capacity Rating (ltW):32.000
Facility Maximum Output Capacity (kW):32.000
Station Service Requirements (kW):7.000
Facility Net Delivery to ldaho Power (kW):25.000
Facility interconnection status:Pendino
Proposed Contracting Term (cannot exceed 20 years): 20 vears
Requesled Rate Option (details provided in Schedule 73): RateQoffon Ho.*.
" Non{-svellzod Nonf uobd nlbe"
Does the Facility have the ability to respond to dispatch orders from ldaho Power
Company (Yes or No): lles--
Please include the following attachments:
( Hourly estimated enorgy deliveries (kW) to ldaho Power for every hour of a one year period.
Athched.
{ List of acquired and outstanding Oualifying Facility permits, including a description of the
status and timeline for acquisition of any permits.
rAt the minimum a FERC issued QF cartificate/self-certification is required and/or
evidence that Facility will be able to obtain a Qualifying Facility certificate.
FERC Form 556 le.atteehed.
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Mce President, Regulatory Affairs
1221West ldaho Street, Boise, ldaho
case l-:18-cv-00236-REB Document 7-3 Filed 07/03/1g page 7 of 5g
{ lf the Facility will require fuel be transported to the Facility (i.e. natural gas pipelines, railroad
transportation, etc), evHence of ability to obtain sufficienl transportation rights to operate the
Facility at the strted Maxlmum Output Amount.
NlAr' ff the Facility will not be interconnecting directly to the ldaho Power ehctrtcal system,
evidence that the Facility will be able to interconnect to another utitity's electrical system and
evidence lhat the Facility will be able to obtain firm transmission rights over all required
transmission providers to deliver lhe Facility's energy to ldaho Power.
N'A
Owner lnformatlon
Owner / Company Name: Franklln Enerqv $toraoe One. -!!CGontect Person: Robert A. Paul. ilanaqerAddress:51,5N,m
City: $tate: Zip: Eelggrlggho-gllga
Teleohone: (7601 861-ilOtl
E-mai l: roberta oaul08@omal l.com
Applicant Signaturc
I hereby certify that, to the best of my knowledge, all information provided in this Qualiffing
Facility Energy Sales Agreement application is true and conect.
lsl
Signature
RobsrtA Paul
Print Name
IDAHO
lssued per Order No. 33197
Effec,tive - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. $aid, Vice Preaident, RegulatoryAfhirs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page I of 58
Rogerson, Idaho
Franklin Encrgy Storage One LLC
Franklln Ertergy 9torage Twu LLC
Franklin Encrgy $torage Three t,[.C
Enogy Storage Four LLC
Jackpoi Solar Substation
olH$(n-Olli lqllo- rt gL{I li I8g!rlTWNFA[\rifi'liiiEi; 16. hod t 'uth rr, I llBhwry
9J fur E hillr
Proiccl $tr i, loGlcd olI uf Hi&r.y 9],ut
Soulh ol llE lMtr ol llogarroq ldlho
NNOtcTg,NGNRYr;iI'iFi[FT;fpoi eru ] rlrlr.d.r
Erl{jnc Trni!t: AArif, dlu.l ft .rwth,r
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loulh ol ldft Sl{1.tl$urlta{ 29
FRANXLIX E{EEGY SIORAGE
LOCATION
l?rllr
a
ri.
Case 1:18*cv-00236-REB Document 7-3 Filed 07/031L8 Page 9 of 58
frarrklin Epergy Storage One, LLC
515 N. 2?u Street
Boise, Idaho 83702
[phone]
peter@ichardsonadams. com
January 37,2017
Attn: Energy Confracts
Idaho Power Company
PO Box 70
I22l West Idaho S&ea
Boise,Idalro 83702
fallg'[e-mail].m
Re: Notice of Self-Recertification (Coneotcd) Franklin Energy Storage One, LLC
DearMr. Allphin:
Pursuant to l8 C.F.R. $292.207(a)(ii) you are hereby provided a copy ofthe Notice of Self
Recertification (corrected) filed with the Fedcral Energy Regulatory Commission by Franklin
Energy Storage One, LLC.
Please feel Ilee to give me a call if you have any questions.
Sinoerely yourc;
Q-X ft -ilr,^.1.,r
Peter J. Richardson
Auorney for Franklin Energy One, LLC
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 10 of 58
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMBControl* 1902-0075
Erpration 0680n019
F o r m 5 5 6 F,fl [1fl:::lH:il?Jff#;:'Y,,l,o"
status ror a smarr Power
General
Questions about completlng thls form should be sentto &g!55{@lqr-c.golq. lnfolmatlon about the Commlsslon's QF
program, answers to frequently asked questions about QF requlrements or completlng this form, and contact lnformatlon for
QF program staff are avallable at the Commlsslon's QF webslte, uaryLfer:..govqE. The Commlsslon's QF webslte also
provides llnks to the Commission's QF regulatlons (18 C.F.R.5 131.80 and Paft 2921, as well ar other statutes and orders
pertalning to the Comrnission's QF program.
Who Must File
Any appllcant seeklng QF status or recertiltcatlon of QF rtatus for a generatlng facility with a net power productlon capaclty
(as determined ln llnes 7a through 7g betow) greater than 1000 kW must ffle a self-certlflcatlon or an applicatlon for
Commission certification of QF statut which includes a properly completed Form 556. Any applicant seeklng QF status for a
generatlng facllity with a net power production capaclty 1000 kW or less is exempt from the certlficatlon requirement and It
therefore not requlred to comptete or ffle a Fom 556. 5ee 18 C.F,R,5 292,203.
How to Complete the Form 556
This form is intended to be completed by tesponding to the ltemc ln the order they are presented, accordlng to the
,nstru(tlons glven. lf you need to back-traclq you may need to clear certain responses before you will be allowed to change
otherresponsesmadepreviouslyintheform. lfyouexperienceproblems,cllckonthenearerthelpbutton(@ ) for
assiltance, or contact Commission staff at form556{il[eregov.
Certaln llnes ln thls fom will be automatically calculated based on responres to prevlous llnes, with the relevant brmulas
shown. You must respond to all of the previous lines within a sectlon before the results of an autornatically calculated field
wlll bedlsplayed. lfyoudlsagreewlththeresultsofanyautomatkcalculationonthisform,contactCommlsrionstaffat
Eorr{r556Pferc.goyto dlscuss the discrepancy before flllng.
You must complete all lines in this form unlesr lnstructed otherwise. Do not alter thls form or save thls form ln a dlfferent
brmat, lncomplete or altered forms or forms saved in formats other than PDF, wlll be rejected.
How to File a Completed Form 556
Appllcants are requlred to file thelr Form 556 electronically through the Commission's eFiling webslte (see instructions on
page 2). By flllng electronlcally, you wlll reduce your flllng burden, save papel tesourcet save postage or courler chatges,
help keep Commlssion expenses to a mlnimum, and recelve a much faster <on0rmatlon (via an emall <ontaining the docket
number assigned to your facility) that the Commlssion has recelved your flllng.
lf you are simultaneously llling both a waiver request and a Form 556 as part of an appllcation for Commission sertlflcatlon,
see the "Walver Requests' sectlon on page 3 for more lnformatlon on how to flle.
Paperwork Reduction Act Notice
Thls forrn ls approved by the Offlce of Management and Budget. Compliance with the lnformatlon requirements establlshed
by the FERC Form No. 556 ls requlred to obtaln or malntaln rtatus as a QF. See lE C.F.R. 5 t 31.80 and Part 292. An agency may
not conduct or sponsor, and a person ls not requlred to respond to, a collectlon of lnformatlon unless it dlsplays a curentiy
valid OM8 control number. The estlmated burden for comphtlng the FERC Fom No. 556, includlng gathering and reporting
information, is as follows;3 hours for self<ertiflcatlon of a small power productlon facility,8 hours for self-certillcations of a
cogeneratlon facillty, 6 hours fur an application for Commlsslon ceilificatlon of a small power productlon faclllty, and 50 hours
for an application for Commission certification of a cogeneration facllity. Send comments regarding this burden estimate or
any aspect of this collectlon of lnformatlon, including suggestlons for reducing this burden, to the following: lnformation
Clearance Officer, Office of the Executive Dlrector (ED-32), Federal Energy Regulatory Commlssloo 8E8 Flrst Street N.E,
Warhlngton, DC 20426 (DatO-qlc-A&11gepfetc.oog; and Desk Officer for FERC, ffice of lnformatlon and Regulatory Affair5,
Offlce of Management and BudgeL Washington, DC 20503 toko sqLm,st-iql@er.[b,eqpge_vJ. lnclude the Control No.
1902-0075 ln any corre pondence.
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03i18 Page 11 of 58
FERC Form 556 Page 2 - lnstructlons
Electron ic Filing (eFi ling)
To electronlcally flle your Fom 556 vlsit the Commlsslon! QF webslte at www$rcgov/OF and cllck the eFiling linlc
lf you are eFlling your flrst document, you will need to reglster wlth your name, emall address, malllng address, and phone
number. lf you are reglsterlng on behalf of an employer, then you wlll also need to provide the employer name, alternate
contact name, ahernate contact phone nurnber and and alternate contact email.
Once you are reglstered, log ln to eFiling wlth your teglstered emall address and the password that you created at
reglsttatlon. Follow the lnstructlons. When prompted select one of the fullowlng QFrelated flllng types, as approprlate,
fiorn the Etectrlc or General flllng category,
Flling category Fillng Type as listed ln eFlling Description
Electrlc
(Fee) Application for Commission Cert. as Cogeneratlon QF
Use to submit an appllcatlon for
Commisslon cefilflcatlon or
Commlssion recertlflcatlon of a
cogeneration hcility as a QF.
(Fee) Appllcatlon forCommlsrlon Cert, as 5mall PowerQF
Use to submlt an appllcrtion br
Commlsslon certlflcatlon or
Commlsslon recertlfl<ation of a
smrll power prcduction faclllty as a
QF.
Selftertlficatlon Notlce (QF, EG, FCI
Use to submlt a notlce of self-
cenHcatlon of your faclllty
{cogeneratlon pr small power
productlon) as a QF.
Self-Fecertiffcation of Qualifilng Faclllty (QF)
Use to submlt a notlce of selF
recartiflcatlon of your faclllty
(cogeneratlon or small power
productlon) as a QF.
5upplemental lnformation or Request
Use to correct or eupplement a
Form 556 that was submltted wlth
errors or omlsslons, or for which
Commission staff has requested
additionrl informatlon. Do not use
this ltlang type to report new
charqer to a faclllty or ls
ownership; tather, use a self-
recertlfi catlon or Commlssion
recertiflcatlon to report such
changes.
General (Fee) Petition for Declaratory order (not under FPA Part 1 )
Use to submit a petition for
declaratory order grantlng a walver
of Commission QF regulations
pursuantto 18 C.FA.55 292,2Mlal
13) attd,lor 292205(c). A Form 556 ir
not requlred for a petltion for
declaratory order unless
Cornmlssion recertlflcation ls being
requested as part ofthe petltlon.
You will be prompted to submh yout flllng fee, lf applicable durlng the electronic submission procers. Fillng ftes can be pald
via electronlc bank account deblt or credlt card.
Durlng the eFlllng process, you wlll be prompted to select yourfile(s) for upload from your computer,
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/1g page tz ot sg
FERC Fom 555 3 - lnstructlons
Filing Fee
No filing fee ls tequhed if you are submitting a self<ertifi<ation or self-recertiflcation of your facillty as a QF pursuant to l8
C.F.R. 5 292,207(a).
A flllng fee is requlred if you are flllng either of the following:
(l) an applkatlon forCommisslon certlflcation or recertlficatlon of your faclllty as a QF pursuantto 18 c.F.R, 5 292.2071b1,or
(2) a petitlon for declaratory order granting walver pursuant to l8 C,F.R, SS 292.204(aX3) and/or 292.205(c).
fhe current fees foe applications for Commisslon certlfications and petltions lor declaratory order can be found by visiting the
Commlssion's QF webslte at wwJv.fercoov/QF and cllcking the Fee Schedule llnk.
You will be prompted to:ubmit yourfillng fee, if applicable, durlng the electronlc flling process described on page 2.
Required Notice to Utilities and State Regulatory Authorities
Putsuant to l8 Cf.R. 5 292.207(aXll), you muit provlde a copy of your self<ertlflcation or request for Commlslon certiflcation
to the utllities wlth which the hcility will intetconnect and/or transact, aE well as to the State regulatory authorftles of the
states in whlch your faclllty and those utillties reiide, Links to informatlon about the regulatory authoritles ln varlous rtates
can be found by visltlng the Commission's QF website at yvww.ferc.gov/QF and cllcking the Notice Requiremenb llnk
What to Expect From the Commission After You File
An appllcant ffllng a Form 556 electronically wlll receive an emall message acknowledglng receipt of the f'lling and showing
th€ docket oumber asslgned to the filing. Such ernail is typically sent within one business day, but may be delayed pending
conflrmation by the Secretary of the Commission of the contents of the filing
An applkant submlttlng o self<ertlflcatlon of QF status strould expect to recelve no documents fiom the Commlsslon, other
than the el€dronlc acknowhdgement of recelpt descrlbed above. Consistent with its name, a self-certlflcation is a
cettmcatlon by the applkantftrdf that the facfllty meets the relevant regulrementr fol QF status, and does not lnvolve a
determlnatlonbytheCommlstlona:tothertaturofthefadllty. Anacknowledgemcntofrccelptofaretf<ertHratlontn
paillcula6doesnotreprtsentadetermlnatlonbytheCommlslo:rwlthregadtotheQFstahlrofthefadlity. Anappllcant
self-certlfylng may, however, recelve a rejectlon, revocatlon ol deflclency letter lf lts appllcatlon ls found, durlng perlodlc
cornpliance revlews, not to comply wlth the relevant requirements.
An applicant submltting a request for Commlssion certlflcation will recelve an order elthergranting or denying <ertification of
QF statuq or a letter requesting additional information or rqecting the appllcation. Pursuant to 1 8 c.F.R. 5 292.207(bx3), the
Commlsslon must act on an application for Commisslon ceniftcatlon withln 90 days of the later of the Rling date of the
application or the filing date of r supplemen! amendment or other change to the application.
Waiver Requests
'18 C.F.R.5 2922O4(aX3) allows an applicant to request a waiver to modit the method of calculation pursuant to l8 Cf.fr. 5
292.204(aX2) to determine if two hclllties are considered to be located at the same slte, for good cause. l8 C,F.R. 5 292.205(c)
allows an applicant to request walver of the regulrements of 18 C.F.R. 55 292.205(a) and b) for operating and efflclency upon
a showlng that tte faclllty wlll prod uce slgnlficant energy savlngs. A request for walver of these regulrem€nts must be
submltted as a petltion br declaratory order, with the ilpropiliate ffling fee for r petltlon for declaratory order. Applicants
r€questing Commb$on recertlffcatlon as partof a requestforwalvelof onedtheser€qL*rements*tould electronkrlly
submlt their completed Form 556 alorq wlth their petltlon for dedaratory order, rather than flllng thelr Fom 556 asa
separate requ€st for Comrnlsglon recerdflCaton. Only fh€ fllinE fee fol the petltlon for declaratory order murt be pald to
cover both the walver rcguest and the request br nceillflcatlon lf such rcquests are mode simultaneously,
I E C.F.R. 5 292,2O3(d)(21 allows an applicant to requeet a waiver of the Fom 556 filing requirements, for good cause.
Appllcants flllng a petltlon for declaratory order requestlng a walver under 18 C.FA. g 292.203(dX2l do not need to complete
or submlt a Form 556 wlth thelr petltion.
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 13 of 58
FERC Form 556 Page 4 - lnstructions
Geographic Coordinates
lfa street address does not exlst for your factl{ty, then line 3c ofthe Form 556 requlres you to report your facilit/r geographic
coordinates (latltude and longitude). Geographlc coordinates may be obtained from several different sqrrces. You can find
links to onllne serulces that show latltude and longltude coordinates on onllne maps by vlsiting the Commlsslon's QF
webpage at sw&L(,ttgflQl and cllcklng the Geographk Coordlnates llnk. You may also be able to obtaln your geographlc
coordlnates from a GP5 device, Google Earth (available fiee at [!!p//_e.alth.ga9gle.c.q0r), a property survey, various
englneerlng or constructlon drawlngs, a ptopeily deed, or a munkipal or county map shouulng property llnes.
Filing Prlvileged Data or Critical Energy lnfrastructure lnformation in a Form 556
The Commlsiont regulationr provide procedures forapplkants to elther (1) request that any informatlon submitted wlth a
Fom 556 be glven pilvlleged treatment because the lnfomation ls exempt from the rnandatory publlc dlsclosure
requlrements ofthe Freedom of lnformation Act,5 U.S.C, 5 552, and should be wlthheld fiom public dlsclosurei or (21 ldentlfy
any documents contalnlng crltical energy inhast,ucture lnformatlon (CEllJ as deflned ln 18 C.F.R. 5 388.1 l3 that should not be
made publlc
lf you are seeking privlhged treatment or CEll status for any data ln your Form 556 then you must follow the procedures in 1 8
C.F.R. 5 388.1 12. See w-v.uw,.fstc,Sr,.v/-hslp/l$llgsu.rtlsltllc:sefgtp for more infomation,
Among otherthings (see l8 C.F.R. S 388.'1 12 for other r€quirements), applicants seeking privlleged treatrnent or CEll status for
data rubmitted ln a Form 556 must prepare and file both (l) a complete version of the Form 556 (containlng the pdvileged
and/or CEll data), and (2) a publlc version of the Form 556 (wlth the prlvlleged and/d CEll data redacted), Applicants
preparlng and flling these different rersions of thelr Form 556 must lndlcate below the securty derlgnatlon of thls version of
thelrdocument. lfyouarenotseekingprlvllegedtreatmentorCEllstatusforanyofyourForms56data,thenyoushouldnot
respond to any ofthe items on thls page.
Non.Publlc Appllcant ls seeklng prlvlleged trertment and/or CEll status fordata contalned ln the Fom 556llnes
fl lndicated below, Thls norrpubllc verslon of the applicants Form 556 containr all data, lncludlng the data that is redacted
ln the (separate) publk verslon ofthe appllcant's Form 556.
Publlc (rcdrcicdt: Appllcant ls seeklng prlvlleged treatment and/or CEll status for data contalned ln the Fom 556 llnes
I indtotea bebw. Thls publlc verslon of the appllcants's Form 556 contalns all data eraept for data from the llnes
indicated below, which has been redacted.
Privllcgcd; lndlcatebelowwhlchllnesofyourformcontalndataforwhlchyouareseekingprivilegedtreatment
C:ltlcel Energy lnfrertructure lnfumation (CEltl: lndlcate below whlch lines of your form contrin data for whlch you are
seeking CEll status
The eFillng process descrlbed on page 2 will allow you to identiff whlch rrerslons of the electronic documents you submit are
publ'rc, prlvileged and/or CEll. The filenames for such documentr should begin wlth 'Public', "Priv', or "CEll", as applicable, to
charly indicate the security designatlon of the flle. Both versions of the Form 556 should be unaltered PDF cophs of the Fonn
556, as avallable for download from ww.td.letrc.g(rvl-QF. To redact data from the publlc copy of the erbmlttal, simply omit the
relevant data from the Form. For numerical flelds, leave tte redacted flelds blank. For text fields, complete as much of the
ffeld as possible and replace the redacted portlons of the fleH wlth the word 'SEDACTED'in brackets, Be sure to tdentlfy
above ell llelds whkh contaln data for which you are seeking non-public status.
The Commission is not responslble for detectlng or corectlng fller errors, lncluding those errors rclated to securlty
designation. If your documents contain s€nsltlve [nformation, make sure they are filed using the proper securlty desQnatlon.
Case i-:18-cv-00236-REB Document T-3 Filed 07/03/18 Page 14 of 58
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMB Control # 1902-0075
Exphatlon 06/30/2019
Fo rm 5 5 6 i,'Jlffi,::T'3;::lgiH#;llli,fo''
status for a smarr Power
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Ia Full nameofapplicant(legalentityonwhosebehalfqualifyingfacllltyrtatuslssoughtforthlsfaclllty)
Franklin Energy Storage One, LLC
1b Applicantstreetaddress
515 N. 27th Street
lc Clty
Boise
le Postal code
s3102
lf Country (lf not Unlted States)1g Telephone number
[phone]
lh Has the lnstant hclllty ever prevlously been certlfled as a QF? Yes [i No t_ i
ll lfyer,provldethedocketnumberofthelastknownQFllllngpertalnlngtothisfacllity: QFfz - 581 - O0o
lf Under which certiflcatlon process ls the appllcant maklng thls flllng?
-,' Notlce of self-ceillflcation ,-r Appllcatlon for Commlsshn a€rtification (requires filing6 (see note below) u fee; see'Flllng Fee'sectlon on pagre 3)
Note: a notice of self-certlflcatlon ls a notlce by the appllcant ltself that lts faclllty complles wlth the requirements for
QF ttatus. A notice of self<ertlflcatlon does not establlsh a proceeding, and the Commlsslon does not review a
notlce of self-certlllcation to verlfy compliance. See the'What to Expect From the Commlsslon After You Flle"
sectlon on page 3 for more lnformatlon.
lk Whattype(s)ofQFstatuslstheappllcantseeklngforltsfaclllty?(checkallthatapply)
! Quallfylng small power productlon facilltf rtatur fl Qualifying cogeneratlon facility status
ll What isthe purpose and expected effective date(s) of this fllng?
i I Orlglnal certiflcatlon;facility expected to be installed by and to begln operation on
:-j Change(s) to a prevlously certified facllity to be effective on
(identlfi/ type(s) ofchange(s) bebw, and descdbe change(s) ln the Miscellaneous section startlng on page l9)
;_1 Name change and/or other administrative change(s)
-i Change ln ownershlp
r_J Change{s) aflectlng plant equipment, fuel usq power productlon capacity and/or cogeneration the.mal output
1ft Supplement or corectlon to a prevlous flling submitted on t / 26 / 17
(describe the supplement or correctlon in the Miscellan€ous sectlon starting on page l9)
tm lfanyofthefollowingthreestatementristrue,sheckthebox(es)thatd€rcrlbeyoursituatlonandcompletethe
to the extent possible, explalnlng any special clrcumstances ln the Miscellaneous section staftlng on page I9,
,- The lnstant faclllty complies wlth the Commisslon's QF rcquirements by vlrtue of a uralver dcertain reguhtionsu prevlously gnnted by the (ommlsslon ln an orderdatad (specifi any otherrelevant walvor
orders in the Miscellaneous sectlon rtarting on page t9)
,- The lnstant facillty wouldcomplywith the Commlssion's QF requlrements If a petltlon forwafuer submittedu concurrently with this applioUon is gnnted
The instant facility complies with the Cqnmission's regulatlons, but has speclal circumstances, such as the
fl employment of unlque or lnnovativetechnologler not €ontemplated bythe structure 0f thls form, that make
the demonstration of compllance via thls 6rm dlfflcultor lmposslble (descrlbe ln Misc. section staftlng on p, l9)
Itd state/provlnce
| ,o
la Name ofcontact person
Peter Richardson
2c Whlch of the following descrlbes the contact perion's relatlonship to the appllcant? (check one)
I Applicant (selfl [ Employee, owner or partner of applkant authorized to represent the applicant
f] Employee of a company afflllated wlth the appllcant authorlzed to represent the appllcant on this matter
ffi Lawyer, consultant, or other representative authorized to represent the applicant on this matter
2d Company or organlzation narne (if applicant ls an indlvldual, check here and skip to line 2e) i-l
Franklin Energy storage One, LLC
Street address (if same as Applicant, check here and skip to line 3a)[l
2l City 2g State/province
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2h Postal cocie 2i Country (lf not United States)
3a Facility name
Franklln Energy Storage ONe
lb Street address (if a street address does not exist for the facili ty, check here and sl<lp to line 3c) ffi
!c Geographic coordlnates: lf you indlcated that no street addtess exlsts for youl faclllty by checklng the box ln llne !b
then you must spe(lt the laUtude and longltude coordinates ofthe hcility ln degreer (tothree declmal places), Use
the following furmula to convert to declmal degrees fiom degrees, minutes and seconds: declmal degrees =
degrees+(minutes/60)+(reconds/3600). Seethe'GeographlcCooldinates'secHononpage4forhelp, lfyou
provided a street address for your faclllty ln llne 3b, then speclfying the geographic coordlnates below ls optional.
Lonsrtude [| ff:].(il lltr .605 degrees Lattude E i"'II3 42.1e1 desrees
td Clty (lf unlncorporated, check here and enter nearest clty) [l
.Iackpot
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Ec|Uc
.9
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=\J.!u.3f County(orcheckherefor independentdty) | ]
Twin Fa1l"s
ldentlfy the electrlc utlllties that are contemplated to transact with the facllity.
t[a ldentihT utillt/interconnedlng with the facillty
Idaho Power Company
4b lclentlfy utilitier provicling wheeling service or check lrere if none ffi
4c ldentlfy utllitles purchaslng the useful electrlc power output or check hete lf none
fdaho Power Company
yto
lj
3
Orc
UolacoF 4d ldentify utilities provicling supplementary power, backup power, maintenance power, and/or inteiluptible porver
senrrce orcheck here iInone fi
FERC Form 556
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 15 of 58
6 - All Facllitles
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I troo e3B-?eo1
llr state/province
Ittevaaa
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Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 16 of 58
FERC Form 556 PageT-All Facilltles
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5a Ditect ownership as of effectlve date or operation datet ldentiff all direct owners of the facility holding at lean 1 0
percent equity interest. For each identifled owner, also (1) indlcate whetherthat owner is an electrlc utility, as
deflned in section 3(22) of the Federal Power Act ('16 U.S.C.796(2211, or a holding company, as deflned in sectlon
1262(8) of the Publlc Utlllty Holding Cornpany Act of 2005 (42 U.S.C, 15451(8)), and (2) for owners whlch are electrlc
utilities or holdlng companles, provide the percentage of equity lnterest ln the faclllty held by that owner. lf no
dlrect owners hold at least 10 percent equity interest in the facility, then provide the required lnformation forthe
two dlrect owners wlth the largest equlty lnt€re$ ln the facillty.
Eledrlc utlllty or lf Yes,holding % equity
Full legal names of dlrect ourners company interest
1) aCL e Assoclates LLC Yes!
YesI
Yes!
Yesfl
YesI
YesI
Yes fl
YesI
Yes fl
Yes!
No EI
No fl
NoD
NoI
NoI
NoD
Nof,
No!
No fl
No fl
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5)
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I Check here and continue in the Miscellaneous section starting on page l9 if additional space is needed
5b Upstream (i.e" indirect) ownership as of elfective date or operation date: ldentify all upstream (i.e., indirect) owners
ofthe facility that both (l) hold at lea* 10 percent equity inter€st in the facillty, and (2) are electrlc utalities, as
deflned in section 3(22) of the Federal Power Act (16 U.SC. 796(22)), or holding companles, as defined in sectlon
1262(8)ofthePublicUtilityHoldingCompanyActof2005(42U.S.C. 16451(8)). Alsoprovidethepercentageof
equltylnterestlnthehcilltyheldbysuchowneis, (Notethatbecaureupstreamownersmaybesubsldlarlesofone
another, total percent equlty lnterest ieported may exceed 100 percent.)
Cherk here lfno such upstream owners exist. ffi
%equity
Full legal names of electric utlllty or holding company upstream owners lnterest
l)
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3)
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6)
7l
8)
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Check here and contlnue ln the Mlscellaneous section stafting on page l9 if addltlonal space [s needed
5c ldenttfy the facility operator
Franklin Energy Slorag. One, LLC
FERC Form 556
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 17 of 58
8 - All Faciltties
6a Describe the prlmary energy lnpu[ (check one maln category and, if applicable, one subcategory)
f] Btomass (specl0) ffi Benewable resources (speclfy)
fl Landfill gas E Hydro power- ilver
I Manuredlgettergas Q Hydropower-tldal
I Munlclpalsolld waste I Hydro power-wave
fl Sewagedigestergas ! Solar-photovoltalc
tr Wood fl Solar-thermal
I Other biomass (dercribe on page 19) fJ Wind
ft warte {specirytype berow in tine 6b} I fr}flfi::Hta;:1';"'"
I Geothermal
I Fossil fuel (specl[)
E Coal(notwaste)
I Fuel oll/diesel
I Natural gas (not waste)
- OtherfossllfuelU (descrlbeonpage 19)
D Other (descrlbe on page 19)
5b lf you speclfled "waste'as the prlmaty energy lnput ln llne 6a, lndicate the type of waste fuel used: (check one)
I Waste fuel listed in 18 C.F.R. S 292.202(b) Gpecifi one of the following)
! Anthracite culm produced prior to July 23, 1985
n Anthraciterefusethathasanaverageheatcontentof5,000Btuorlessperpoundandhasanaverageu ash cmtentof45 pcrcentor more
- Bitumlnour coal refuse that has an average heat content of9.500 Btu per pound or less and has anu tverage ash content of 25 percent or more
Top or bottom subbltumlnous coal produced on Federal lands or on lndlan lands that has been
- determlned to b€ wane by the Unlted States Deprftrnent of the lnterio/s Eureau of Lard Managementu (ELMIorthillslootedonnonfederal ornon-lndlanlandsourldeofB[ittJurlsdlction,prc\rld€dthat
the appllcant shows that the lattercoal is an extension of that determlned by 8tM to be waste
Coal refuse produced on Federal lands or on lndian lands that has been determlned to be waste by the
E BIM or that is located on non- Federal or non-lndlan lands outside of BLM's Judsdlctlon, provlded that
applkant shows that the latter ls an extenslon of that determlned by BLM to be waste
- Llgnite produced ln assoclatlon wlth the production of montan wax and lignite that be(omes exposed
' u as a result of such a mlning opetatlon
! Gaseous fuels (except natural gas and synthetic gas from coal) (describe on page l9)
Waste natural gas from gas or oil wells (describe on page 19 how the gas meets the requirements of I8
E C.F.R. 5 2.,t00 fot waste natural gas; include with your filing any materials necessary to demonstrate
compliarre with 18 C.F.R. $ 2.400)
E Materials that a government agency has certlfled for dlsposal by combustlon (descrlbe on page l9)
I Heatfromexothermlcreactlons(descrlbeonpage19) fJ Residualheat(descrlbeonpagelg]
ft Usedrubbertlres n Plastlcmaterials fl Refineryoff-gas I Petroleumcoke
Other waste energy inputthat has llttle ol no commercial value and exists in the absence of the quallfflng
I facillty industry (descrlbe ln the Miscellaneous sectlon staftlng on page 19; lnclude a dircusslon of the fuel's
lack of commerclal value and existence ln the absence ofthe quallrlng faclllty lndustry)
CLtr
Pocr.lJ
6c PrwidetheaverageenergylnputcalculatedonacalendaryearbasitintermrofBtu/hforthefollowingfos:ilfuel
energy lnputs, and provlde the related percentage of the total average annual energy lnput to the facility (I I C.F.R. g
?92.202(j)). For any oil or natural gas fuel, use lower heating value (18 C.F.R.9 292.202(m)).
Annual average energy Percentage oftotal
Natural gas 0 Btu/h 0%
Oil-based fuels 0 Btu/h 0Yo
0 Btu/h 0VoCoal
Fuel annual
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/j.g page 1g of 5g
FERC Form 556 Page9-All Facillties
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lndicate the maximum gross and maximum net electric power production capaclty ofthe facility at the point(sl ol
delivery by completing the worksheet below, Respond to all items. lf any of the parasitic loads and/or losses ldentlfied ln
llnes 7b through 7e are negligible, enterzero for those lines.
7r The maximum gross power production capacity at the terminals of the individual generator(s)
under the most favorable antlclpated design condltlons :2,000 kw
7b Parasltlc station power used atthe faclllty to run equipment which ls necessary and lntegralto
the power production process (boiler feed pumps, fans/blowers, office or malntenance bulldlngs
dlrectly related to the operation of the power generatlng faclllty, etc.). lf thls facllity lncludes non-
power productlon processes (for instance, power consumed by a cogeneration facility's themal
host) , do not include any povyer consumed by the non-power productlon actlvltles ln your
reported parcsltlc station power.10 kw
7c Electrical losses ln lnterconnectlon transformers
{34 kw
7d Electrical losses in AC/DC conversion equlpment. lf any
920 kw
7c Oth€r anterconnectlon losres in power lines or facilities (other than transformets and AC/DC
conversion equipment) between the termlnals of the generator(s) and the polnt of interconnection
wlth the utlllty 5,636 kw
7f Total deductions fiom gross power productlon capaclty = 7b + 7c + 7d + 7e
',000. il kvv
79 Maxlmum net power productlon capacity =7a-7f 2:r,000.i) kW
7h Description of facility and primary components: Describe the facllity and lts operation. ldentify all bollers, heat
recoverysteam generators, prlme movers (any mechanlcal equlpment driving an electrlc generator), electrical
generators, photovoltaic solar equipment, fuel cell equipment and/or other primary power generation equipment
used ln the facillty. Descrlptlons of components should lnclude (as applicable) specifications of the nominal
capacitiesformechanlcal outpu!elecrlcal output,orsteamgeneratlonoftheldentlfledequtpment. Foreachplece
of equipment identlfied. clearly indicate how many pieces of that type of equipment are included ln the plant, and
which components are normally operatlng or normally ln standby mode, Proride a description of how the
components operate as a system. Applicants br cogeneration facilfties do not need to dercribe operations of
systems that are clearly depicted on and easily understandable from a cogeneratlon facility's attached mass and
heat balance diagram; however, such applicants should provlde any necesrary descrlptlon needed to understand
the sequentlal operatlon of the faclllty deplcted in thelr mass and heat balance dlagram. !f additlonal space ls
needed, continue ln the Mlscellaneous sectlon starting on page 19.
The project consisls of an energy sEorage system Quali.fying Facility providing
scheduled and dispatchable electr-icity ln forward-looking tlme blocks. The
energy storage syslem that comprises the en€rgy sLorage Qualifying Eacility is
deslgned to, and will, receive 100t of lts energy input from a conbination of
renewable energy sources such as wind, solar, biogas, blomas, etc. The currenL
initlal design utilizes solar photovoltalc (PV) moduLes mounLed to sj.ngle-axis
trackers to provide the electric €nergy inpuL to the Qualifying Facilityrs
battery storage system. The PV modules are planned to be connected in series/parallel combinations Eo solar invertersr rated approxirnaEely 2.5 MWac each,(subject to change) , The proposed electric energy storage Quallfying Eaci).itywlll consisL of an eleclro-chemical baL.tery and will have a maxj.mum power oulput
capaciEy of 25 MWac for a sustained time perLod of 5 - 60 minuEes. The FaciliLy
wlll consist of an alternaL.ing current (AC) Lo direcr current (DC) control
system, The Qualifying Facility wiIl be utilizeci Eo provide the purchasing
utj.Ilty with pre-scheduled and dispatchable Ac ene.rgy Uithin pra-determined timeblocks. The sole source of elecEric pouer and energy provided to the purchasing
utillty will be the electro-chemical reaction giving rise to the discharge ofelectric power and energy by the battery, In turn, rhe sole dlrect source of
energy input provided to the battery FaciLity will be, as described above,
renewable sources.
Case 1:18-cv-00236-REB Document 7-3 Filed 07i03/18 Page 19 of 58
FEBC Form 556
lnformation Required for Srnall Power Production Facility
lf you lndicated in llne tkthatyou are seeking quall$lng small
l0 - Small Power Production
power productlon faclllty status for your faclllty, then you
10.to the items on this
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Puriuant to l8 C.F.R.5 292.204(a), the power production capaclty of any small power production facillty, together
wlth the power productlon capaclty of any other small power production facllltles that use the same energy .
resource, are owned by the same person(s) or lts afflliates, and are located at the same slte, may not exceed 80
megawatts. To demonstrate compliance wlth thls slze llmitation, or todemonstrate that your facility l5 exempt
hom this slze limitatlon under the Solar, Wind, Waste, and GeothermalPower Production lncentives Act of ,l990
(Pub. L. 101-575, 'l 04 Stat.2834 (19901 as omended byPub.L.102-46, 105 Stat. 249 (1991)), respond to lines 8a
through 8e below (as appllcable).
Iaa UenttfrT any facitities with electricalgenerating equlpment located wtthin 1 mile of the electrlcal generatlng
lequlpment of the instant facility. and for whlch any ofthe entities identlfied ln lines 5a or 5b, orthelr afflllates, holds
I
at hast a S percent equity lnterest.
lCheck here lf no such facllities exist. ffi
1)
2,
3)
Facility locatlon
(city or counly,_state)
Root docket #
(lf anY)Common owner(s)
Maximum net power
prcduction capachy
KW
KW
KW
QF
QT
i-- l Check here and contlnue in the Mlscellaneous sect,on startlng on page 1 9 if addltional space is needed
8b The Solar, Wnd, Wastq and Geothcrrnal Power Productlon lncentives Act of 1990 (lnEentlves Act) proyldes
exemption from the slze limitatlons in 18 C.F.R.5 292.2O4(a) for certain facilitle! that were certifled priorto 1995,
Are you seeking exemption fumthe size lirnltations in 18 C.LR.5 292.204(a) by virtue ofthe lncentlves Act?
f Yes (continue at line 8c below) fit No (sklp lines 8c through 8e)
8c Wastheorlganalnotlceofself-certlflcatlonorapplicationforCommlssloncefiificationofthefacilityfiledonor
before December3t,1994? YesI-' No I-l
td Dld construction of the facllltycommen(e on or before December 31, 1999? Yes i i No ill
tc lf you answered No in llne 8d, lndicate whether reasonable dlllgence was exerclsed toward the completion of
thefaclllty,taklnglntoaccountall factorsrelevanttoconstructlon? Yes _-: fqo l-J lfyouansweredYes,provlde
a brlef naratlve explanation ln the Miscellaneoui sectlon startlng on page 1 9 of the construction timeline (in
particular, descflbe why constructlon started so tong after the faclllty was certtffed) and the dlligence exercised
toward completion of thefacillty.
0, ,9
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Pursuant to I8 C.F.fr^ S 292.2(X{b}, qualif,ing small power productlon facllities may use fossil fuels, ln minimal
amountt for onlythe following purpo$s: ignition; staft-up; testing; ll.mE stablllzation; control use; alleviation or
prevention of unanticipated equlpment outages; and allevlation or ptevention of emergencies, directly aflecting
the public health, safety, or welfare. which would result from electric powar outages. The amount of fossll fuels
used forthesepurposesmaynotexceed25 percentof thetotal energyinputof thefacilityduringthe l2-month
peilod beglnnlng with the date the facllity flrst produces electrlc energy or any calendar year thereafter.
9a Certificat'ron of compllance wlth 18 CF.B. 5 292.204(b) with respect to uses of fossil fuel:
ffl Applicant certlfler that the facllity wlll use fos:il fuels :xdusivelyfor the purpores listed above.
9b Certlflcation of compllance wlth l8 C.F.R. 5 292,204(b) wlth respect to amount of fossll fuel used annually:
Applicant certifles that the amount of fossil fuel used at the facliily will not, in aggregate, exceed 25
ffi percent of the total energy input of the facllity during the l2-rnonth period beginning wlth the date the
facility first produces electrlc energy or any calendar year thereaftet
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 20 of 58
FERC Form 556 Page I 'l - Cogeneration Facllitles
lnformation Required for Cogeneration Facility
lf you lndlcated in line 1 k that you are seeklng quallfflng cogeneration facility status for your facility, then you must respond
to the ltems on 1t 13.11 13.
w
v
Pursuant to 18 C,F.R. 5 292.202(c), a cogeneration faclllty produces electrlc energy and forms of useful thermal
energy (such as heat or steam) used for lndustrlal, commercial, heatlng, orcoollng purposes, through the sequential
use of energy. Pursuant to 1 8 C.F.R. 5 292.202(s), .sequential use" of enetgy rneans the followlng: (l ) for a topplng-
cycle cogeneration facality, the use of reject heat fiom a power production process in sufricient amounts in a
thermalappllcation or prccesr to conform to the requlrements of the operating standard contained ln l8 C.F.R" 5
292.2051a1i or 12) for a bottomlng-cycle cogeneration facllity, the use of at least some reject heat from a thermal
appllcation or process for power production,
l0t What type(s) of cogeneration technology does the facility represent? (check all that apply)
[ jTopplng-cyclecogeneration [.jBottomlngcyclecogeneratlon
c
.9
luo=
tsEotru8
lU-b=Cou
t 0b To help demonstrate the sequential operation of the cogeneration process, and to support compliance wlth
other requirements such as the operating and efflclency standards, lnclude wlth your filing a rnass and heat
balance diagram depictlog average annual operating conditions. This diagram must lnclude certain items and
meetcertainrequirements,asdescribedbelow, Youmustchecknexttothedescrlptionofeachrequirement
below to certify that you have complled wlth these requlrements.
Chack to certify
compllance wlth
indicated requirement Requlrement
Diagram must show orientation wlthln system plplng and/or ducts of all prlme movert
heat recovery steam generators, boilels, electric generators, and condensets (as
appllcable), as well as any other primary equipment rel€vant to the cogeneration
proces!.
Any average annqal values reguired to be reported in llnes lOb, I 2a, t 3a, I 3b, t 3d, t3f,
1 4a, 1 5b, I 5d and/or 1 5f must be computed over the anticipated hours of operation,
Diagram must speclS all fuel lnputs by fuel type and average annual rat€ ln Btu/h. Fuel
for supplementary flring should be speclfled separately and clearly labeled. AII
specifications ofluel lnputs should use lower heatlng values.
Diagram must speclff average gross electric output in kW or MW for each generator.
Dlagram must specin, average mechanical output (that is, any mechanical energy taken
off of the shaft ofthe prime movers for purposes notdirectly related to electrlc power
generatlon! ln horsepower, lf any. Typically, a cogeneratlon facility has no mechanlcal
output
At each point for which worklng fluld flow condltlons are required to be specified (see
below), such flow condition data must anclude mass flow rate (in lb/h or kgls),
temperature (ln oF, R, oC or Kf, absolute pressure (ln psla or kPa) and enthalpy (in Btullb
orU/kg). Exception: Forsystsmswheretheworkingfluldlsllqutdonly(novaporatany
palnt ln the cycle) and where tfte type of liquld and specific heat of that liquid are clearly
indicated on the dlagram or ln the Mlscellaneous section startlng on page 19, only mass
flow rate and ternperature (not pressute and enthalpy) need be speclffed. For refgrence,
speciflc heat at standard conditions for pure llquid water ls approxlrnately 1.002 Btu/
(lb*R) or 4.1 95 U(kg*$,
Diagram must speciff worklng fluid flow conditions at lnput to and output from each
stearn turblne or other expanslon turblne or back-pressure turbine.
Diagram must speciry worklng fluid flow conditions at delivery to and return from each
thermal application.
Dlagram mult speclry wo*lng fluid flow condltions at make-up water inputs.
t i
FERC Form 555
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 21" o,t sg
Page I 2 - Cogeneration Facilltles
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EPAct 2005 cogeneratlon facilitiesr The Energy Policy Act of 2005 (EPAd 2005) ertabllshed a new rection 210(n) of
the Public Utllity Regulatory Pollcles Act of 1978 (PUfiPA), 16 USC 82&-3(n), wlth additlonal requirements for any
quallfflng cogeneratlon facllltythat (llls seeking to sell electdc energy pursuantto section 210 of PURPA and (2)
was elther not a cogeneration facility on August E. 2005, or had not flled a self-cefilflcatlon or appllcatlon for
isslon certlflcatlon of QF status on or before February 1,2006. These requlrements were lmplemented by the
in l8 C.F.R, I 292.205(d). Complete the lines below, carefully followlng the lnstructlon$ to demonJtrate
these addltlonal requlrements apply to your cogeneratlon facillty and, if so, whether your faclllty complles
such requirements.
I le facllity operatlng qualifying cogeneratlon facitity before 8,2005?L No l-i1WasasaoronYesryou
f I b Was the lnitial filing eeklng ceniflcation of your facillty (whether a notlce of self-certlfication or an application
for Cornmisslon certiflcation) filed on or before 1,2006? Yes 1 No
lf the answer to elther llne 1 1a or t 1b ls Yet then contlnue at llne l'lc below. Othemlse, lf the answen to both lines
llaandllbareNo,to llne 1le below.
I I c Wlth respect to the design and operatlon of the facility, have any changes been lmplemented on or after
Z 2006 that affect general plant operation, affect use of thermal output, and/or lncrease net power
production capaclty from the plant's capaclty on February t, 2006?
i'-l Yes (contlnue at llne I ld below)
No. Your facility is not subject to the reguirements of l8 C.F.R ! 292,205(d) at this time. However, lt may be
I i subject to to these requirements in the future if changes are made to the facillty. At such tlme, the appllcant
would need to recertifo the facillty to determlne ellgibillty. Sklp lines 1 I d through 1 lj.
I 1d Does the appllcant contend thal the changes identified in llne I 1c ate not so signlflcant as to make the faclllty
a "new" cogeneration facility that would be subfect tothe l8 C.F.R, $ 292.205(d) cogeneration requlrements?
Yec Provrde ln the Mlscellaneor.ts !€cllon stattlng on page 19 a derolptlon of any relevant changes made to
i'_'l the faclllty (ndudhg the purpose of the charqes) ond a dlscussion of yr/hy the Ecility should not be
cortsldered a onew'cogeneratlon hcllity ln llght of these changes. Skip lines 1 I e through 1 '!J.
No. Appllcantstipulatestothefactthatltisa'new"cogeneratlonfaclllty(forpurposesofdetermlnlngthe' --' applicability of the requlremefii of l8 C,F.R, 5 292205(d)) by virtue of modifications to the facility that were
lnitJated on or after Rbruary 2, 2006. Continue below at line I le.
I lr Wll electrlc energy from the facility be sold pursuant to section 210 of PURPA?
. Yes. The facllity ls an EPAct 2005 cogenention facility. You must demonstrate compliance wlth t8 CF.R.5.-: zsz.aOs(dX2) by continuing at line I tf belorrr.
No. Applicantcertiliesthatenergywill notbesoldpursuanttosectlon210of PUBPA. Appllcantalsocertlfies
, -. lts understandlng that lt must tecenfy [s hclllty in order to determine compllance with the requirements of
''-'18C,F.R,5292.205(d)beforeselfingenergypursuanttosectlon210ofPURPAlnthefuture. Sklpllnesllf
through t lj.
SEJFEE
CrEO lJ-EcrEo!FcE.?orrc
E 9.,
€8
P5OG.! *,3fcr o.az;o
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t lf ls the net power production capacity ofyour cogeneration facillty, as indicated ln line 79 above, less than or
equalto 5,000 kW?
Yes, the net power production capaclty ls less than or equal to 5,000 kW. 18 C.F.R. 5 292.205(dX4) provides a
rebuttable presumption that cogeneGtion facillties of 5,&)0 kW and smaller capacity comply with the
requlrements for fundamental use of the faclllty's energy output in l8 C.F.R. 5 79L2O5ld)(21, Appllcant
certlfles lts understanding thal should the power production capaclty of the faclllty lncrease above 5,000
kW, then the factlfty must be recertlfied to (among other thlngs) demonstnte compllance with 18 C.F.B. 5
29z205ldl2t. 5klp lines I I g through 1 1 j.
No, the net power production capachy ls greater than 5,000 kW. Demonstrate compliance with the
requirementsforfundamental useofthefacility'senergyoutputln 18C.F.B.5292.205(dX2)bycontinuingon
the next page at line I lg.
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 22 at 5g
FERC Form 556 Page l3 - Cogeneration Facilities
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6.UEg
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Lines 1 I g through ! I k below gulde the applicant through the process of demonstratlng compliance wlth the
requirementsforofundamental use"ofthefacillty'senergyoutput. I8C,F.R.S292,205(dX2). Onlyrespondtothe
llnes on thls page if the lnstructlons on the previous page direct you to do so. Oth€rwlse, tkip thls page.
l8 C.F.R. S 292.205(d)(2) requires that the electrical, therma[ chernlcal and mechanical output of an EPAct 2005
cogeneratlon facllity b us€d fundamentally for industrial, commercial, residentlal or instltutlonal purposes and ls
not lntended fundamentally for sale to an electrlc utllity, taklng lnto account technological, efficiency, economiq
and variable thermal energy requirements, as well as state laws appllcable to sales of electric energy fiom a
llualrfyingfacilltytoltshostfacillty. lfyouweredirectedontheprevlouspagetorespondtotheitemsonthispage,
I then your facility is an EPAct 2005 cogeneratlon facility that ls subject to thb 'fundamental use" requirement.
I
lThe Commisslon's regulatlons provide a two-pronged approach to demonstratlng compllance with the
lrequlrcmentsforfundamental useofthefacillt/renergyoutput. Far3t,theCommissionhasestabllshedin l8C.F.R.
l5 292.205(dX3) a nfundamental use test' that can be used to demonstrate compliance with 1 I C.F.R, $ 292.205(dX2).
Under the fundamental use tert, a faclllty k considered to comply wlth l8 C.F.R. S 292.205(dX2) if at lerst 50 percent
of the facllity's total annual energy output (including electrical, thermaL chemlcal and mechanical energy output) is
used for industrlal, commercial, residential or institutional purposer.
Second, an applicant for a facility that does not pass the fundamental use tert may provlde a nanatlve explanatlon
of and support for its cont€ntion that the faclllty nonetheless meets the requirement that the etectrical, thetmal,
chemlcal and mechanical output of an EPAct 2005 cogreneratlon faclllty ls used fundamentally fur lndusttlaf
commercial residentlal or instltutlonal purposes and is not intended fundamentally for sale to an electric utillty,
taklng into account technologlcal, efflclency, economic, and varlable thermalenergy requlrements, as well as state
laws appllcable to sales of clectric energy from a quallfylng facllhyto lts host facllity.
Complete lines 1 19 through I li below to determine compliance wlth the fundamental use test in I I C.F.R. S
292.205(dX3). Complete lines 1 I g through 11) even if you do not lntend to rcly upon lhe fundamental use test to
demonstrute compliance wlth I I C.F,A. 5 292,205(dN2).
Itg Amountofelectrica!,therrnal,chemical andmechanlcal energyoutput(netofintemal
generation plant losset and parasltlc loads) expected to be used annually foI lndustrlal,
commercial, resldentlalor lnstltutional pumosas and not sold to an electdc utlllty MWh
I lh Total amount of electrlcal, thermal, chemlcal and rnechanlcal energy expected to b€
sold to an electrlc utillty MWh
I I I Percentage of total annual energy output €xpected to be used for industrial,
commercial, resldentlalor institutional purposes and not sold to a utillty
= 100 t l lg /(119+ 11h)^ 0/^
I lj ls the response in line I li greater than or equa! to 50 percent?
Yes. Your faclllty com plles with I 8 C.Fn. S 292.205(dX2) by vlrtue of passlng the fundamental use test
provlded ln 1 I C,F.R. 5 292.205(dX3). Appllcant certlfl€s lts understanding that, lf lt ls to rely upon paslng
[ ] the fundamental use test ar a basls for com plylng wlth I I C.F.R. S 292.205(dX2), then the faclllty mu5t
comply wlth the fundamental use tert both ln the 12-month period beginning wlth the date the hcillty first
produces electrk energy, and in all subsgquent calendar year,
No. Your faclllty does not pass the fundamental use test. lnstead, you rnust provlde ln the Mlscellaneous
sectlon rtarting on pag€ 19 a narrative explanatlon of and rupport for why your facllfty meets the
requirementthat the ehctrical, thermal, chemkal and mechanlcaloutput of an EPAct 2005 cogeneration
facllity is used fundamentally for lndustrlal, commerclal, resldentlal or lnrtltutlonal purposes and ls not
intended fundamentaly fior sale to an electric utlllty, taking lnto a(court technologlcal, efficiency, economic,
and variable thermal energy requirements, a5 well as state laws applicable to sales of electrlc energy from a
QF to its host facllity. Appllcants provldlng a narrative explanatlon of why thek facllity should be found to
comply with 1 8 C.F.R. S 292.205(dX2) h splte of non<ompliance wlth the fundamental use test may want to
revlew paragraphs 47 through 6l of Order No.67l (accessible from the Commission's QF website at
www.ferc.gov/QF), whlch provlde discusslon of the facts and circumstances that may support their
explanation. Applicant should also note that the percentage reported above will establish the standard that
that facility must comply with, both for the lz-month perlod beginnlng wlth the date the hcility flrst
produces electrlc energy, and ln all subsequent calendar yean, See Order No.67l at pangraph 51. As such,
the applicant should make sure that it reporB apptopriate values on lines I t g and I t h above to serve ar the
rehvant annual standard, taking lnto account expected variatlons ln production condltions,
a
Case 1:1B-cv-00236-REB Document 7-3 Filed 07/03118 Page 23 of 58
FERC Form 556 Page I4 -Topplng-Cycle Cogeneration Facilltles
I nformation Requ ired for Toppi ng-Cycle Cogeneration Facility
lf you lndlcated ln llne 10a that your faclllty represents topping<ycle cogeneratlon technology, then you must respond to
the ltems on 14 and I5. Otherwise,l4and 15,qThe thermal energy output of a toppingcycle cogeneration facilfty is the net energy made avallable to an lndustrlal
or commercial process or used ln a heatlng or coollng appllcatlon. Punuant to sectlons 292,202(c), (d) and (h) of the
Commlsslon's regulatlons (18 C.F,R. !5 292.2o2(cl,ldl and (h)), the thermal energy output of a qualifuing topping-
cycle cogeneration facility must be useful, ln connectlon with thls reguirement, describe ttrc thermal output of the
topplng-cycle cogeneratlon hcllity by responding to llnes 'l2a and t 2b below.
l2e ldentify and describe each thermal host and speci! the annual average rate of thermal output made available
to each host for each use. For hosts with multlple uses of thermal output provlde the data for each use insewraterow' Average annual rate of
thermal output
attrlbutable to use (net of
Name of entlty (thermal host) Thermal host's telatlonship to facility; heal contained in process
taklng therrnal output Thermal host's use of thermal output return or rnake-up water)
8tu/h
r)therrnal host'i relationship ro
thermal host's use of thernral
2)
rhetmal hosfs use of thernral ou
host's to
Btu/h
3)
!o
thetrnal host's use oI thernr
thermal host's
Btu/h
4',)
thermal host's use of thernral
thermalhost's to
8tu/h
s)
ttherntal host's use oi thenrral
thermal host's to
Btu/h
Btu/h
6)
thermal host's use of (hernral
thermal host's to
i'l Check here and continue ln the Miscellaneous section starting on page 19 if addltlonal space ls needed
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ota3 I r zb Demonstratlon of usefulness of thetmal output At a minlmum, provide a brief descrlptlon of each use of the
thermal output ldentlfled above. ln some caset thir brlef descrlption ls sufflclent to dernonstrate usefulness.
However, if your hclllty's use of thermal output is not common, and/or if the usefulness of such thermal output ls
not reasonably clear, then you must ptovlde addltlonal details as necessary to demonstrate usefulness. Your
appllcation may be reJected and/or additional informatlon may be required lf an lnsufficient rhowing of usefulness
ls made. (Exception: lf you have prevlously received a Commission certiflcatlon approving a speciflc use of thermal
output related to the instant facility, then you need only provide a briefdescrlptlon ofthat use and a reference by
date and docket number to the order ceftlflrlng your faclllty wlth the lndlcated use. Such exemptlon may not be
used lfany change creates a nraterlal devlation from the prevlously authorized use.) lfaddltlonal space is needed,
contlnue ln the Mlscellaneous rectlon starting on page 19.
Case 1:L8-cv-00236-REB Document 7-3 Filed 07/03/18 Page 24 of 58
FERC Form 556 Page l5 - Topplng-Cycle Cogeneration Facilitles
\,
(f
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a
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I la lndicate the annual average rate of useful thermal energy output made available
to the host(s), net ofany heat contained ln condens.te retum or make-up water Btu/h
1 3b lndicate the annual average rate of net electrical energy output
KW
l3c Multiply llne l3b by 3,412 to convert from kWto Btu/h
c Btu/h
l3d lndicate the annual average rate of mechanlcal energy output taken dlrectly off
of the shaft of a prlme mover for purpos$ not directly related to power productlon
(this value ls usually zero)ho
I lc Multiply line l3d by 2,544 to convert from hp to Btu/h
o Btu/h
l3f lndicate the annual average lale ofenergy input from natural gal and oil
Btu/lr
ltg Topping<ycle operatlng value = 1 00 * | 3a / (1 3a + I 3c + I 3e)
OVotth Topping-cycle efficiency value = 100 * (0.5{13. + 13c + t 3e) / 13f
o%
l3i Compliance wlth operating standard: ls the operatlng value shown tn llne I 39 greater than or equal to 5%?
i -i Yes (complies with operating standard) [-] No (does not comply with operating standard)
l3r DldlnstallationofthefacllitylnltrcurrentformcommenceonorafterMarcht3, 19801
,- , , Yes. Your facility is subject to the efficlency requirements of 18 C.F.R. I 292.205(aX2). Demonstrateu compllance with the efliciency requirement by responding to line 13k or 1 31, as applicable, below,
i'] No. Yourfacilityisexemptfromtheefflclencystandard, Sklplinesl3kand 131.
l3k Compliance with efficiency standard (for low operating valuel: lf the operatlng value shown in line 1 39 is less
than l5%, then indlcate below whether the efflclency value shown in line l3h greater than or equal to 45%:
Yes (complies with efficaency standard) No (does not comply with efficiency standard)
131 Compliancewithefficiencystandard(forhighoperatingvalue): lftheoperatingvalueshowninlinel39is
greater than or equal to 1 5%. then indlcate below whether the efficiency value shown in line 13h is greater than or
equal to 42.5%:
i Yes (complies wlth efficiency standardl - _: No (does not comply with efflclency standard)
Appllcants for facilitles representing topplngrycle technobgy must demonstrate compllance wlth the topping-
cycleoperatingstanda/dand,ifappllcable,efflcierxystandard. Sectlon292.205(aXl)oftheComrnisslon's
tegulations (t8 C.F.R. 5 292.205(aX1)) establtshes the operatlng standard for topplng-cycle cogeneratlon facillties:
To demonstrate
131 below.
coqeneratlon tystem.
Sectlon 292.205(aX2)
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 25 of 58
FERC Form 556 Page I6 - Bottomlng-Cycle Cogeneratlon Facilitles
lnformation Req uired for Bottom ing-Cycle Cogeneration Facility
lf you lndlcated ln llne l0a that your faclllty representi bottomlng-cycle cogeneration technology, then you must respond
to the items on l6and 17. Otherwlse,l6andt7,
$thermal energy output of a bottomlng-rycle cogeneratlon facillty ls the energy related to the process(es) from
at least some of the reJect heat is then used for power productlon. Pursuant to sections 292.202(c) and (el of
the Commlsslon's regulatlons (18 C.F.R. 5 292.202(cl and (e)) , the themal energy output of a quallfylng bottoming-
cycle cogeneration facility must be useful. ln connectlon with this requlrement, desctibe the ptocess(es)from
at least some of the reject heat is used for power productlon by respondlng to lines 14a and l4b below.
l4a ldentlfianddescrlbeeachthermalhortandeachbottomlng-cyclecog€nerationprocessengagedlnbyeach
host. For hosts with multiple bottomlng-cycle cogeneiation processes, provlde the data for each process in
seporate towt' Has the energy input to
Narne of entlty (thermal host) the thermal host been
performlng the procesr from augmented for purposes
whlch at least rome of the of lncreaslng power
reject heat ls used for power Thermal host's relatlonshlpto facilhy; production capacity?productlon Thermal host's proces5 type (lf Yes, describe on p. '19)
thermal host's to Yest- l No t--11)
thermal host's
thermal host's to
thernral host's
Yes t 'i No 'a2l
thermal host's to
thermal host's
Yes t-', No ; I
i.-';Check here and contlnue ln the Mlscellaneous sectlon startlng on page '19 if addltional spxe ls needed
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14b D€monstratlonof usefulnessofthermal output Ataminimum,provideabrlefdescrlptlonofeachprocess
identified above. tn rome cases, this brief descrlption ls sufrlclent to demonstfate usefulness. However, if your
process ls not commoo and/or lfthe usefulness ofsuch thermal output ls not reasonably clear, then you
must provide addltional details as necessary to demonstrate usefulness. Your appllcatlon may be rejected and/or
tnformatlonmayberequlredifanlnsufilclentshowlngofusefulnesslsmade. (Exceptlon:lfyouhave
previously recelved a Cqmmlsslon certiflcatlon apprwlng a specilic bottoming<ycle process r€lated to the lnstant
faclllty, then you need only provlde a brlefdescrlptlon ofthat process and a reference by date and docket number
to the order certlfling your faclllty with the indlcated process. Such exemptlon may not be used if any material
changes to the process have been made.) lf addiUonal space is needed, continue ln the Miscellaneoui sectlon
starting on page I 9.
)t
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/j.B page 26 of 5g
FERC Form 556 Page 17-Cogeneration Facllities
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Applicants for facilitles representing bottoming-cycle technology and for which installation commenced on or after
March 13, I990 must demonstrate compllance with the bottoming-cycle efilclency standard:. Sectlon 292.205(b) ol
the Commission's regulatlons {18 C.F.R. 5 292.2056)) establishes the efflclency standard for bottoming-cycle
cogenerationfacllltles: theusefulpoweroutputofthefacllitymustbenolessthan45percentoftheenergylnput
of natural gas and oll for supplementary flrlng. To demonstrate compliance wlth the bottoming-cycle efflclency
standard (if applicable), or to dernonstrate that your facllity lr exempt from this standard based on the date that
lnnallation of the facility began, respond to lines t5a through l5h below.
lf you lndlcated in Ine tOathatlourfaclllg represenEboth topplng-rydeand bottomlng{y(le cogenerdtlon
teclrnology.then respqnd to tlnes tsa through 15h belowconsideringonlythe energylnputr rnd ousuts
ettrlbuhbletothe bottoming<ycle portion of )our hclllty. Your matrand heat balancedlagram murt make clear
which mass and energy flow values and system components are forwhlclr portion of the (ogeneratlon syltrm
(topping or bottomlng).
t5a DldlnstallatlonofthefacilitylnitscurrentformcommenceonorafterMarchl3,tgE0?
,- , Yes. Your facility ls subrect to the efficlency requlrernent of 18 C,f.B. S 292.205(b). Demonstrate compliance
' - wlth the efflclency requitement by respondlng to llnes lsb thrcugh l5h below.
l'.' i No. Your faclllty is exempt from the efflciency standard. 5klp the rest of page 1 7.
f5b lndkate the annual average rate of net electrical energy output
KW
l5c Multlply llne 15b by 3,41 2 to convert from kW to Btu/h
o 8tu/h
15d lndlcatetheannual averagerateofmechanicalenelgyoutputtakendirectlyoff
of the shaft of a prime mover for purposes not directly related to power production
(this value ir usually zerol hp
t 5e Muhlply line l5d by 2,544 to convert from hp to Btu/h
O BIUh
t 5f lndicate the annual average rate ofsupplementary energy lnput from natural gas
or oll Btu/h
I 59 Bottomingrycle efficiency value = 100 I (l 5c + I 5e) / | 5f
C o/o
15h Compliancewithefficiencystandard: lndicatebelowwhethertheefficiencyvalueshowninlinel59lsgreater
than or equal to 45%:
i_-1Yes (comptles with elllciency standard) i..li No (aoes not comply wlth effiriency standard)
Case 1:1-8-cv-00236-REB Document 7-3 Filed 07103/18 Page 27 of 58
FERC Form 556 l8 - All Facllities
Certificate of Completeness, Accuracy and Authority
Applicant must ceaify compliance wlth and understandlng of filing requirements by checking next to each item below and
slgning at the bottom of thls section. Forms wlth incomplete Certlflcates of Completeness, Accuracy and Authority will be
reJected by the Secretary of the Commlsslon.
Slgner identlffed below ceftlfies the following: (check all ltems and applicable subitems)
He or she has read the flllng, lncludlng any information contalned in any attached documents, such as cogeneratlon
ffi mass and heat balance diagramt and any information contalned ln the Mlscellaneous section starting on page 19, and
knows its contents.
a He or she has provlded all of the requlred informatlon for certlfication, and the provided informatlon ls true as stated,
to the best of hls or her knowledge and belief.
He or she possess full power and authority to sign the flling; ar required by Bule 2005(a)(3)of the Commlssion's Rules of
Practlce and Procedure (18 C.F.R. S 385.2005(aX3)), he or she is one of the following: {check one)
I The person on whose behalf the fillng is made
E An offlcer of the corporation, trusl, assoclation, or other organlzed group on behalf of which the filing is made
- Anofffcer,agent,oremployeofthegovernmentalauthorlty,agency,orinstrumentalityonbehalfofwhlchtheu flhg ts made
,.,, AreprerentativequalifledtopractlcebeforetheCommh:lonundtrRule210loftheCommission'sRulesof6 Plactlce and Procedure (1 8 C.F,R, 5 3352101) and who possesser authority to dgn
He or she has revlewed all automatlc calculations and agrees with their results, unless otherwlse noted in the
Miscellaneous sectlon startlng on page 19.
He or she has provided a copy of thls Form 556 and all attachments to the utilltler with which the facility will
lnterconnect and transact (see lines 4a through 4d), as well as to the regulatory authorltles of the states ln whlch the
facillty and those utllltles reslde. See the Required Notlce to Public Utilities and State Regulatory Authorltles section on
page 3 for more lnformatlon.
a
E
a
Provldeyourslgnature,addressandrlgnaturedatebelow. Rule2005(c)oftheCommission'sRulesofPractlceand
Procedure (18 C.F.R. g 385.2005(c)) provldes that persons flllng their documents electronically may use typed characters
Epresenting his or her name to slgn the filed documents. A peruon filing thls document electronlcally should slgn (by
typlng hls or her name) in the space prorlded below.
Your Slgnature Your address
515 N. 27th Street
Boise, ID 83702
Date
Peter J. Richardson
Commisslon Staff Use Onlyr tr
Audit Notes
Case l-:18-cv-00236-REB Document 7-3 Filed 07/03/l-B Page 28 of 58
FERC Fom 556 Page t9 - All Faclllties
Miscellaneous
Use this rpace to provide any informatlon fur whlch there was not sufficlent rpace ln the ptevlous sections of the form to
provlde. Foreachsrchltemoflnformalloncleailyldentifythelinenumberlhatthetnformatlonbelongsto. Youmayalsouse
this space to provide any addltbnal lnformation you believe ls ,elevant to the certiffcation of your faclllty.
Your response below ls not llmlted to one page. Addttlonal page(s) wlll automatlcally be lnrerted lnto this bm if the
length ofyour response exceeds the space on thls page. Use as many pagtsl as you require.
The original Forrn 556 lncorrectly Iisted the latitucte and longitude coordlnafes io
Paragriph 3c as West 114,060 Norlh {2.206. The correct latliude and }ongitude
coordinates are West 114.6C5 North 42.I91.
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 29 of 58
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Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 30 of 58
Il 2
case 1:1B-cv-00236-REB Document 7-3 Filed 07/03/18 page 31 of 58
Peter fuchardson
Franklin Energy Storage Two, LLC
515 N. 27rh Street
Boise, Idaho 83702
p eter@rich ardsonadams.com
January 26,201?
Michael Danington
Senior Energy Contract Coordinator
Idaho Powa Company
l22l Westldaho Steet
Boise, ldaho 83702
HAND DELTVERY
Re: Schedule TSEnergy Sales Agreement Request, Franklin Energy Storage Twq
LLC
Dear Mr. Drrington:
Enclosad, pursualt to Idsho ?ower Company's ("Company") Tariff Schedule 73
C'schedule 73') you will find a compleM Qualifying Facility Energy Sales Agreement
Application fApplicatioa') sesking an'tndicative pricing proposal" from the Company
for the Frankth Energy $tomge TWo project. The Franklin Energy Storage Two project
("Franklin Two') is a25 MW battery storage QF located in Idaho a few miles north of
Jackpot, Nevada In addition to the infonration requested on the enclosed AppticatiorL
Schedule 73 separately requess additional information and dociments that should
accompany the Application. Each information request from Section I of the Contracting
Procedures Part ofSohedule 73 is responded to in detail below:
Section l(aXr) requests a copy ofthe organizational structure and chart. Franklin
Energy Storage Twq LLC has only one member, Mullen lnvestments II, LLC. Robert A.
Paul the non-member manager. As the organization is very'flat'there is no
organizational chart.
Section t(aXii) requests a description of the "generation and other related
technology." This question is addressed in detail on the enclosed FERC Forrn 556 at
Paragraph 7(h), v/hich fully describes the electo-chearical battery system used by
Franklin Two, u&icL has been self-certificd as a QF pursuantto FERC regulations.
Section l(aXiii) requests speoifics as to the "maximum design oapacity, station
service requircments, and the net amount ofpower, all in kW to be delivered to the
franklin Enorry Slorqge Twq LLC
Scheduls 73 Oorracting Procedures Checklist
Page I
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 32 of 5g
Company's electric systern." That infonnation is provided in detail at Paragraphs 7a
through 7g on the enclosed FERC Form 556.
Section l(a)(iv) requests a "schedule of estimated Qualifying Facility electric
output, in an 8,760-hour electronic spreadsheet format." The electronic spreadsheet is
attached to the enclosed Application.
Section l(a)(v) seeks information as to whether the facitity will have the ability to
"respond to dispatch orders from the Cornpany." As described at Paragraph 7h on the
attached FERC Form 556, "The Facility will be utilized to provide the purchasing utility
[Idaho Powed with pre-scheduled and dispatchable AC energy within pre-determined
time blocks" for a sustained time period of 5-60 minutes.
Section l(aXvi) requests a "map ofthe Qualifying Facility location, electrical
interconnection point, and POD (identified by nearest landmark and GPS coordinates)."
The enclosed Application contains the requested map and coordinates. Note that the
Application requ€sts the idontity of the "Nearest Crty or landmark" rather th*n just the
nearest landmart. The identity of the city of Jackpog Nevada on the Application as the
nearest city should suffice as satisfying both requiremonts (city and landmark) as we are
unaware of a near-by physical feature of the land that would stand out as a landmerk in
the common usage of the tenn.
Section l(a)(vii) requests the "anticipated commencement date for delivery of
electric output." As noted in Paragraph 1l on the attached FERC Form 556, Franklin
Two anticipates a commercial operation date ofJunE 1, 2018.
Section l(a)(viii) requests a list, and status, ofacquired and outstanding permits.
The project is currently working towand finalizing Conditional Use Pemnit with Twin
Falls County. The County has already granted permits for wind, solar, and electical
substation projects on this property - no major hurdles are anticipated- All of the
necessary local agencies have been engaged to provide comrnent and feedback on the
proposed project. Building pennits will be obtained prior to construction. There are
ourrently no anticipated schedule impacts to the Q4 2019 COD due to permitting.
Section 1(aXix) requests a demonstration of the ability of the facility to obtain QF
status. The attached FERC Form 556 satisfies this requirement.
Section l(a)(x) reguests a description ofthe firel tlpes and sources. The direct
soluce of energy provided to Idaho Power will be the electro-chemical reaction oreated in
the battery storage system. The battery storage system does not consurne fuel. It will,
however, be energized by renewable energy sources such as solar, wind biomass and the
like. The initial plan is to utilize the aurple solar resoutte at the site to fully energize the
battery storage system, although additional renewable energy sources willbe considered
and installed as necessary in the future,
Franklin Energy Storage Two, LLC
Schedule 73 Contracting Procedures Checklist
Pago 2
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 33 of 58
Section l(aXxi) is curently inapplicable as Franklin Two has no plans to obtain
fuel or amange fuel transportation for the facility at this time. Should the battery system
be energized with a renewable bio-fuel at some point in the futue, then the project will
provide Idaho Power with all the necessary fuel and transportation agrecments at that
time.
Section l(a)(xii) is also inapplicable as the facility will be directly connected to
Idatro Power's electrical system.
Section 1(aXxiii) requests information as to the interconnection status of the
facility. The interconnection request is pending.
Section l(a)(xiv) requests the proposed contracting term and rate option. As
indicated on the enclosed Application" Franklin Two is requesting I twenty year contract
term and the publishcd'Non-Levelized Non-Fueled Rates."
Within the next ten business days and pursuant to Section l(b) please provide
your urritten notice ofany deficiencies in this request or, ifthere are no deficiencies,
purzuant to Seotion l(c) please provide Idaho Power's indicative pricing proposal.
Very truly yours,(e9/t*!a
Peter J. Richardson, Counsel for
Fru*lin Energy Storage Two, LLC
Cc: Donovan Walker
Idaho Power Company
l22l West Idaho Steet
Boise, Idaho 83702
Franklin Energy Storage Two, LLC
Schodule 73 Conracdng Procodures Checklist
Page 3
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/1g page 34 of 5g
ldaho Power Company
|.P.U.Q. No. 29. Tariff No. 101 .-,". Origlnal Sheel No. 7$9
SCHEOULE 73
CpGENERATTON ANp SMALL POWER PRODUCTION SCHEDULE:- |DAHO
(Continued)
ldaho Power Qualifying Facility (QF) contact inforrnation:
Mailing Address:
Physical Address:
Telephone number:
E-MallAddress:
IDAHO
lssued per Order No. 33197
Effec,tive - January 1, 2015
Attn: Energy Contracls, P O Box 70 Boise, lD 83702
1221W.ldaho Street, Boise, lD 83703
208-38&6070
[e-mail]
Preamble and lnstructions
All generation facilities that qualiff pursuant to ldaho Power Company Schedule 73 for a QF
Energy Sales Agreement and wish to sell energy from their facility lo ldaho Power rnust
complete the following information and submit this Application by hand delivery, mail or E-mail
to ldaho Power.
Upon receipt of a complete Application, ldaho Power shatl procees this request for a QF Energy
Sales Agreement pursuant to ldaho Power Company Schedule 73.
Quallfyl ng Facillty lnformatlon
Prooosld Proiect
Name of Facility:Franklin Enerov Storaoe Two
Resource Typ (i.e- wind, solar, hydto, €lar:_Batbrv Storeoo
Facilily Location: GPS Coordinates: W 114.G N {1.206
Nearest City or landmark: Jackpol Nevada
Name of Facility:Franklin En:my Storaqe Ona
County and State:Twin Falls Countv. ldaho
Map of Facility, including proposed interconnection point. (Seo Attached.l
Anticipated commencement date of energy deliveries to ldaho Power: Ocbbcr
t.20{9
lssued by IDAHO POWER COMPANY
Gregory W. Said, Mce President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 35 of 58
ldaho Power Company
I.P.U,C. No. 29. Tqriff No. 10J Orioinirl Shept No. 73-9
scHEpuLE 73
COGENE$ATION AND StvlALL POWER FRODUCI|ON SCHEDULE - IOAHO
-QUAL]EYING.EAEUTT E N ERGY SALES A G RE E M E NT APP LI CATIONreniinueAt-
Facility Narneplate Capacity Rating (kW):32.000
Facility Maximum Output Capacity (kW):32.000
Station Service Requirements (kW):7.000
Facility Net Delivery to ldaho Power (kW):25.000
Facili$ interconnection status:Pendlnq
Proposed Contracting Term (cannot exceed 20 years): 20 yearu
Reguested Rate Optlon (details provided in Schedule 73): Fate Ontion No.4.
"Non{eve l EHl }.lon-Fu*d, Rates"
Does the Facility have the ability to respond to dispatch orders from ldaho Power
Company (Yes or No):Yee
Please include the following attachments:
r' Hourly estimated energy deliveries (kW) to ldaho Powerfor every hour of a one year period
Attached.
r' List of acquired and outstanding Qualifying Facility permits, including a description of the
slatus and timeline for acquisition of any outstanding permits.
r At the minimum a FERC issued QF certificate/self-certification is required and/or
avidence that Facility will be able to obtain a Qualifying Facility certificate.
FERC Form 558 ls qttached.
IDAHO
lssued per Order No. 33197
Effec{ive - January 1,2015
l*sued by IDAHO POWER COMPANY
Gregory W Said, Vice Presidenl, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
lountu- Tha Countv hae alreedv oranled oermits I
olecte on this orooertv . no mai6r hurdles are antlclnar
ocal eoencies have been enoaoed to orovlde comment at
nrolect Bulldino oermlts wlll be obtalnsd oriorlo conrtrucl
clnated echedule Imoact* to the CI4 2013 COt
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 36 of 5g
{ lf the Facility will require fuel be tmnsporled to the Facility (i.e. natural gas pipelines, railroad
transportation, etc), evidence of ability to obtain sufficient transportation rlghte to operale the
Facility at the stated Maximum Output Amount.
N'Ar' F the Facility will not be intarconnecting directly to the ldaho Power electrical system,
evidence that the Facility will be able to interconnect to another utility's electrical system and
evidence that the Facility will be able to obtain firm transmission rights over all required
transmission providers to deliver the Facility's energy to ldaho Power.
NIA
Ovvner lnformatlon
Owner / Company Name:
Contact Person:
Address:
Cily: $tate: Zip:
Telephone:
E-mail:
Appllcant Signature
I hereby ertify that, to the best of my knowledge, all lnformation provided in this Qualifying
Facility Energy $ales Agreemant application is bue and correc,t.
lsl
Signature
Robert A. Paul
Print Name
IOAHO
lssued per Order No, 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, RegulatoryAffairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 37 of 58
Rogerson, Idaho
ll,'le d Sn. lr kffd dll d i.lth*rf tl iur t
Sourh o, lhc loh ot E ipna6 ld.lto
Franklin Encrgy Storage One LLC
F:anklln Etrcrg,y Strra6e Twu L[,C
Franklin Energy Storage Three LLC
Energy Storage Four LLC
Jackpot Solar Substation
LECALDesrlirrflo|.{iIftJdrF-ALa rult d ld.hr*.F
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Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 38 of 58
Franklin Energy Storage Two, LLC
515 N.27rh Sreet
Boise, Idaho 83702
(208) 938-790r
[e-mail]
Jannary 3l,20l7
Attn: Energy Contracts
Idaho Power Company
PO Box 70
l22l West ldaho Strpet
Boise,Idaho 83702
ralloh i n@. i dahppor+rer. copr
Re: Notice of Self-Recertification (Corrected) Franklin Energy Storage Two, LLC
Dear Mr. Allphin:
Pursuant to 18 C.F.R. 5 292.207(a)(ii) you are hereby provided a copy of the Notice of Self
Recertification (corrected) filed with the Federal Energy Regulatory Commission by Franklin
Energy Storage Two, LLC.
Please feel free to give me a call if you have any questions.
Sincercly yours;
FrStft-l*t *'
Peter J. Richardson
Attorney for Franklin Energy Two, LLC
Case l-:18-cv-00236-REB Document 7-3 Filed 07i03/18 page 39 of 5g
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMBControlr l902-0075
Expiratlon 06/30/2019
Fo rm 5 5 6 F,'il[iffii:!H::lTL',#;lH,ll" status ror a smarr Power
General
Questlons about completing this form should be sent to [em5506fe.rc.goy. lnformation about the Commission's QF
program, answers to frequently asked questlons about QF requlrements or completlng thls form, and contact informatlon for
QF program staffare available at the Commission's QF website, wwyv,&.((^gOclQg. The Commlsslon's QF website also
provides links to the Commlsslon's QF regulations (18 C.F.R. I 13t,80 and Part 292), as well as other statutes and orders
pertaining to the Commission's QF program.
Who Must File
Any applicant seeklng QF status or recertification of QF status for a generating facility with a net power production capacity
(as deterrnined in llnes 7a through 79 below) greater than I000 kW must ffle a self-certlfication or an application for
Commission certificatlon of QF status, whlch lncludes a properly completed Form 556. Any applicant se€king QF status for a
generatlng facility wlth a net power produ(tion capaclty 1000 kW or less is exempt from the certlfication requirement, and is
therefore not regulred to complete or file a Form 556. See l8 C.F.R, 5 292.203.
How to Complete the Form 556
This form is lntended to be completed by responding to the items in the order they are presented, according to the
instructions giveri. lf you need to back-traclq you may need to clear certain responses before you will be allowed to change
other responses made previously ln the forrn. lf you experience problems, click on the nearest help button (@ ) for
assista nce, or contact Com missbn haff at fgg1ffipfg6ggy.
Certain lines in this form will be automatically calculated based on responres to previous lines, with the relevant formulas
shown. You must respond to all of the previous lines wlthln a section before the results of an automatically calculated field
will be displayed. lf you disagree with the results of any automatic calculation on this form, contact Commission staff at
FaruE5j[[e-mail] to dlscurs the discrepancy before fillng.
You must complete all llnes ln this form unless lnstructed otherwise. Do not alter this form or save this form in a dtfferent
format. lncomplete or eltered forms, or forms saved in formats other than PDF, will be rejected.
How to File a Completed Form 556
Appllcants are requited to flle thek Fonn 556 electronlcdlly through the Commilslon's eFlllng webslte (see lnstructlons on
page 2). By flling electronlcally, you will reduce your flllng burden, save paper resources, lave postage or courier charges,
help keep Commission expenses to a minlmum, and receive a much faster confirmatlon (vla an email containlng the docket
number asslgned to your facility) that the Commission has received your fillng.
lf you are simultaneously flllng both a walver request and a Form 556 as part of an application for Commission certiflcation,
see the "Waiver Requests" section on page 3 for more lnformatlon on how to file.
Paperwork Reduction Act Notice
This form is approved by the Offlce of Management and Budget. Compliance with the lnformation requlrements establlshed
by the FERC Form No. 556 is regulred to obtain or maintain status as a QF.5ee l8 C.F.R. 5 131,80 and Part 292. An agency may
not conduct or sponsor, and a person is not requlred to respond to, a collection of lnformation unless lt displays a currently
valid OMB control number. The estimated burden for completing the FERC Form No. 556, including gathering and reporting
lnformation, is as follows: 3 hours for self-certlfication of a small power production facility, I hours for self-certlfications of a
cogeneration facility,6 hours for an application for Commission certiflcation of a small power productlon facility, and 50 hours
for an appllcation for Commission certification of a cogeneration facllity. Send comments regarding thls burden estimate or
any aspect of this collectlon of information, including suggestions for reducing this burden, to the following: lnformation
Clearance Officer, Office of the Executirre Director (ED-32), Federal Energy Regulatory Commlssion, 888 First Street N.E,,
Washington, OCZcd.26 (Eatll(lsililoge@le-rgdgv); and DeskOfflcerfor FERC, Office of lnformation and Regulatory Affairs,
Offlce of Management and Budget, Washangton, DC 20503 ([e-mail]. lnclude the Control No.
1 902-0075 in any correspondence.
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 40 of 58
FERC Form 556 Page 2 - lnstructions
Electronic Filing (eFiling)
Io electronically flle your Form 556, virit th€ Commisslon's QF website at Slffw.hfcgQyl9f and click the eFlling llnk.
lf you are eFlllng your first document, you will need to regiiter with your name, email address, mailing address, and phone
number, lf you are registering on behalf of an employer, then you will also need to provide the employer name, alternate
contact name, alternate contact phone number ald and altemate contact emall.
Once you are registered, log in to eFlllng wlth your regirtered email address and the password that you created at
registration. Follow the lnstructions. When prompted, select one of the following QF-related filing types, as appropriate,
from the Electric or General filing category,
Flling category Filing Type as llsted in eFiling Oescrlptlon
€lectric
(Fee) Application for Commigsion Cert. as Cogenerataon QF
Use to subrnlt an applicatlon for
Commission certification or
Commission recertification of a
cogeneration facility as a QF.
(Fee) Application for Commlsslon Cert. as Small Power QF
Use to submit an application for
Commlssion ceft iflcatton or
Commlsslon recertilicatlon of a
small power production faclllty as a
QF.
Self-Certification Notice (QF, EG. FC)
Use to submit a notice of self-
certiflcation of your facility
(cogeneratlon or small power
production) as a QF,
Self-Recertiflcation of Qualifying Facility (QF)
Use to submlt a notlce of self-
recertification of your facility
{cogeneration or small power
production) as a QF.
Supplemental lnfu rmation or Request
Use to correct or supplement a
Form 556 that was submitted with
errots or omisslons, or for which
Commission staff has requested
addltional lnficrmation. Do not use
this filing type to report new
changes to a facility or lts
ownelship; rather, use a self-
recertificatlon or Commlsslon
recertlflcatlon to report such
changes,
General (Fee) Petition for Declaratory Order (not under FPA Part l)
Use to submit a petition for
declaratory otder granting a walver
of Commission QF regulations
pursuant to 1 8 C.F.R. 55 292.204(a)
(3) and/or 292.205(c). A Form 556 is
not required for a petition for
declaratory ordet unless
Commlsslon recertlflcatlon ls being
requested as part ofthe petltlon.
You will be prompted to submit your flllng fee if applicable, during the electronic submlsslon process. Fillng fees can be paid
via electronic bank account deblt or credit card.
During the eFlllng process, you wlll be prompted to select your flle(s) for upload from your computer.
case 1:i-B-cv-00236-REB Document 7-3 Filed 07/03/1g page 41 of 5g
FERC Form 556 Page 3 - lnstructions
Filing Fee
No flling fee is requlred lf you are submittlng a self<ertlflcatlon or self-recertlflcation of your faclllty as a QF pursuant to l8
C.F.R. $ 292.207(a).
A filing fee is required if you are flling either of the following:
(l) an application for Commlssion cenification or recertification of your faclllty as a QF pursuantto 18 C.F.R. S 292,207b), or
(2) a petition for declaratory order glanting waiver pursuant to 18 C.F.R, 99 292.204(a)(3) and/or 292.205(c).
The current fees for appllcations for Commission certifications and petitions for declaratory order can be found by vlsiting the
Cornmlssion's QF website at www.ferc{ot /Of and clicking the Fee Schedule llnk.
You will be prompted to submit your filing fee, if applicable, during the electronic filing process described on page 2.
Required Notice to Utilities and State Regulatory Authorities
Pursuant to 1 I GF.R, S 292.207(al(ii), you must provide a copy of your self-certification or request for Commisslon certlfication
to the utilities wlth which the fadlity will interconnect andlor transacl as well ar to the State regulatory authorliles of lhe
states in which your facility and those utilities reside. Linksto information about the regulatory authorities in various stater
can be found by vislting the Commission's QF website at wr rt,.fuJc.oov/QF and clicklng the Notice Requirements link.
What to Expect From the Commission After You File
An applicant flling a Form 556 electronically will receive an email message acknowledging receipt of the filing and showing
the docket number assigned to the filing. Such emall is typlcally sent withln one business day, but may be delayed pending
confirmation by the Secretary of the Commission of the contents of the llling.
An applicant submifting a self-certification of QF stalus should expect to receive no documents from the Commisslon, other
than the elecronlc acknowledgement of receipt descllbed above. Conslstent wtth lts name, a ielf-certification is a
certlflcation bytheappllcantitselfthatthefacilitymeetstherelevantrequlrementsforQFstatus,anddoesnotlnyolvea
determinationbytheCommisslonastothestatusofthefacility. Anacknowledgementofrecelptofaself<ertlficatlon, ln
particular, does not represent a detemlnatlon by the Commlssion with regard to the QFshtus of the facility, An appllcant
self-certifying rnay, however, receive a rejection, revocatlon or deficiency letter lf its appll<ation is found, durlng periodic
compliance revlews, not to comply with the relevant requirements,
An applicant submitting a request for Commission certification will receive an order either granting or denylng certification of
QF status, or a letter requesting additional information or rejecting the application. Pursuant to l8 C.F.R. 5 292.207(bX3), the
Commission must act ofl an application for Commission certification within 90 days of the laterof the filing date of the
application or the filing date of a supplement, arnendment or other change to the applicatlon.
Waiver Requests
1 8 C.F.R, 5 292.204(aX3) allows an applicant to request a waiver to modiff the method of calculation pursuant to 1 I C.F.R. S
292.204(aX2) to determine lf two facilltles are considered to be located at the same site, for good cause, l8 C.F.R, 5 292.205(c)
allows an applacant to request waiver of the requirements of l8 C.F.R. 55 292.205(a) and (b) for operating and efriciency upon
a slro,ving that the faclllty wl,l produce signiflcant energy $vlngs. A request fpr walver of these requlrements must be
:ubmitted as a petitlon for dedaratory ordet, with the appropriate flling fee for a petltlon for declantory order. Appllcants
r€que$lng Commlssion recertlfletlofl as part of a requgtfor rlralver of one of these requlrcm€nts ihould ehctronlcally
rubmlt thelr completed Form 556 along with thelr petltlon fol declaratoty otder, rather than lillng thek form 556 as a
reparate request for Commlrrlon recfification. Only the filirrg fee for the peUtion for dedaramry order must be paH to
cover both the walv€r request and the request fot recertificatlon if such reques$ ore mode slmultaneously.
18 C.F,R. 5 292,203(dX2) allows an appllcant to request a waiver of the Form 556 filing requirements, for good cause.
Appllcants flllng a petltion for declaratory order requestlng a waiver under '18 C,F.R, S 292.203(dX2) do not need to complete
or submit a Form 556 with their petition.
Case 1:1-B-cv-00236-REB Document 7-3 Filed 07/03/L8 Page 42 al58
FERC Form 556 Page 4 - lnstructlons
Geog raph ic Coordinates
lfa street address does not exist for your facility, then line 3c ofthe Form 556 requires you to report your facllity's geographic
coordinates (latitude and longitude). Geographic coordinates may be obtained from several dlfferent sources. You can llnd
links to online servlces that show latltude and longitude coordinates on online maps by vislting the Commlssion's QF
webpageatE$Sd[ggp!4glandclicklngtheGeographlcCoordlnateslink. Youmayalsobeabletoobtainyourgeographic
coordinates from a GPS device, Google Earth (available free at http{le{th.$rogle.com}, a property survey, various
engineering or construction drawings, a property deed, or a municlpal or county map showlng property lines.
Filing Privileged Data or Critical Energy lnfrastructure lnformation in a Form 556
The Commission's regulatlons provlde procedures for applicants to either (1) requesi that any information submitted with a
Form 556 be given privileged treatment because the information is exempt from the mandatory public disclosure
requirements of the Freedom of lnformation Act, 5 U.S,C. 5 552, and should be wlthheld from public disclosure; or (2) ldentiff
any documents containing critical energy infrastructure information (CEll) as defined in l8 C.F.R, 5 388.1 I 3 that should not be
made public.
lf you are seeking privileged treatment or CEll status for any data in your Form 556, then you must follow the procedures in 18
C.F.R. S 388.1 12, See wyrnr.ferc.gov/helndligsglifld&jSliA&for more information.
Among other things (see l8 C.F.R. 5 388.1 I 2 for other requirements), applicants seeking privileged treatment or CEll status for
data submitted in a Form 556 must prepare and file both (l ) a complete version of the Form 556 (containing the privileged
and/or CEll data), and (2) a public version of the Form 556 (wlth the privileged and/or CEll data redacted). Applicants
preparlng and flling these different verslons of thelr Form 555 must indicate below the security designation of this version of
thelr document. lfyou are nol seeklng prlvileged treatment or CEll status for any ofyour Form 556 data, then you should not
respond to any of the items on this page.
Non-Publicr Applicant ls seeking prlvlleged treatment and/or CEtl status for data contained ln the Form 556 lines
I indicated below. This non-public verslon of the appllcant's Form 556 contains all data, lncluding the data that is redacted
ln the (separate) publlc version of the applicant's Form 556.
Publlc (redacted): Applicant is seeklng privlleged treatment and/or CEll status for data contalned in the Form 556 lines
f] indlcated below. This pubtic verslon of the applicants's Form 556 contains all data except for data from the lines
indicated below, which has been redacted.
Privlleged: lndicate below whlch lines of your form contain data for which you are seeklng privileged treatment
Crltlcrl Energy lnfrastructure lnformation (CElll: lndicate below which lines of your form contain data for whlch you are
seeking CEll status
The eFiling process described on page 2 wlll allow you to identiff which versions of the electronic documents you submit are
public, privlleged and/or CEll, The filenames for such docurnents should begin wlth'Public', "Prir', or 'CEll', as applicable, to
clearly lndicate the securlty deslgnation ofthe file, Both versions ofthe Form 556 should be unaltered PDF coples ofthe Form
556, as avallable for download from rryunu.ferc{ovlQf. To redact data from the publlc copy of the submittal, rimply omlt the
relevant data from the Form. For numerical ffelds, leave the redacted fields blank. For text flelds, complete as much of the
fleld as posslble, and replace the redacted portlons of the field with the word "REOACTED" in brackets, Be sure to ldentiff
above ll fields which contain data for whlch you are seeking non-publlc status.
The Commlssion ls not responsible for detecting or correcting lller enors, includlng those enors related to securlty
deslgnatlon. lf your documents contaln sensitive informatlon, make sure they are filed uslng the proper security designation.
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/1s page 43 of 58
FEDERALENERGYREGULATORYCOMMISSION oMBcontrorrreo2-007s
WASHINGTON,DCExpiratronoat30t20le
Fo rm 5 5 6 F,,xl[L::::'.:;:l?:ffj;;[il,[f't """ fora sma]r Power
o
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a
o
q
ta Full nameofapplicant(legal entityonwhosebehalfqualifylngfacilltystatusissoughtforthlsfacility)
Franklin Energy Storage Two, LLC
tb Applicantstreetaddress
515 N. 2?th StreeL
lc City
Bois e
le Postalcode
I 3702
lf Country (if not Unlted States)lg Telephone number
(208 ) 938-7901
th HastheinstantfacllltyeverpreviouslybeencertifiedasaQF? Yesfi No l -;
ti lfyetprovidethedocketnumberofthelastknownQFfilingpertatnlngtothisfacility: QF17 - 582 - ooo
lj Under which certificatlon process ls the applicant making this flling?
*' Notice of self<ertification r--r Appllcation for Commlsslon certlfication (requires filing6 (see note below) u feei see "Filing Fee" sectlon on page 3)
Note: anotlceofself-certiflcationlsanoticebytheapplicantitselfthatitsfacilltycomplieswiththerequirementsfor
QF status. A notlce of self<ertlflcation does not establilh a proceeding, and the Commission does not review a
notice of self-certification to veriff compllance. see the 'What to Expect From the Commlssion After You Flle'
section on page 3 for more informatlon.
lk Whattype(s) ofQFstatuslstheapplicantseekingforitsfacility?(checkallthatapply)
rfi Qualifying small power production facllity status I Qualifying cogeneration facilaty status
I I What ls the purpose and expected effectlve date(s) of thls fl llng?
i- | Orlglnal certlfication; facllity expected to be lnstalled by and to begin operation on
l_- | Change(sl to a prevlously certlfled facllity to be effective on
(identifu type(s) of change(s) below. and describe change(s) in the Miscellaneous section starting on page 19)
I -'l Name change and/or other administrative change(s)
' ; Change in ownetship
i -j Change(s) affecting plant equipment, fuel use, power productlon capacity and/or cogeneratlon thermal output
ffi Supplement or correction to a previous filing submitted on I / 26 / L'l
(dercribe the supplement or correction in the Miscellaneous section starting on page l9)
co
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o
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CL
lm lfanyofthefollodngthreestatementrlstrue,checkthebox(es)thatdescribeyoursltuatlonandcompletethe
to th€ extent posslblg explaining any spechl circumstances in the Miscellaneous sectlon startlng on page 19.
.- The instant facllhy complier $,ith the Commission's QF requlrements by virtue of a waiver of cefialn regulationsu prevlously granted by the Commlssion ln an order dated (specifr any other relevant waiver
orders in the Miscellaneous section starting on page 19)
n Th" instant facility would cornplywlth thr Commission's QF requirements lf a petition for waiver submittedU concurrently with thls appllcation is granted
The instant facility complies with the Commisslon's regulations, but has special circumstances, such as the
I employment of unlque or lnnovative technologies not contemplated by the structure of this form, that make
the demonstration of compliance via this form dlfficult or lmposslble (descilbe ln Mlsc. section starting on p. I9)
I
ta, staterRrovince
FERC Form 556
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 44 af sg
Page6-All Facilities
&
o
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o
a
o
tro
lE
E
os
rJ
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CoL'
2a Name of contactperson
Peter Ri chardson
2b Telephone number
(208) 938-?901
2c Which of the following describes the contact person's relationship to the applicant? (<heck one)
E Applicant (selfl f, Employee, owner or partner of applicant authorlzed to represent the applicant
I Employee of a company afflllated wlth the applicant authorlzed to represent the applicant on this matter
[t Lawyer, consultant, or other representatlve authorized to represent the appllcant on this matte.
2d Company or organization name (if applicant is an individual, check here and sklp to llne 2e) 1--.i
Franklin Energy SLorage Two, LtC I
2e 5tr'eet address (:f rarnc as A1>pl,cant, clter:k itpre anrl skip to line 3a)ffi
2f Crty 2g Statc,i Lrrovirlae
2h Postal rode 2i Corrntry (if rtot llnitecl Statei)
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o
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CG'
=.E
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ta Facility name
Franklin Energy Storage Two
3b St:eetaddress(ifastrect.rddressdiesr1r)texisttorthefacilrty,checkltereandskiptoline3c)ffi
3c Geographlccoordlnates: lfyoutndicatedthatnostreetaddressexlstsforyourfacilitybycheckingtheboxinline3b,
then you must speclry the latitude and longltude coordinates of the facility ln degrees (to three decimal places), Use
the following formula to convert to decimal degrees from degrees, minutes and seconds: decimal degrees =
degrees + (mlnutes/60) + (seconds/3600). See the'Geographlc Coordinates'sectlon on page 4 for help. lf you
provided a street address for your faclllty ln llne 3b, then speciffing the geographic coordlnates below is optlonal.
Lonsitude E ffxJll 1r'r.604 desrees Latitude E )'i:li' 42.Lst desreesLl south
3d City (if unincorporated, check here and enter nearest city) [t
Jackpot
3e State/province
Nevada
3f County (or check here fior independent city)
Twln Falls
39 Country (if not United States)
rno
:=
:)
Olc
UrOIAC(llL
ldentify the electrlc utllities that are contemplated to transact wlth the facility,
4a tdentify utllity interconnecting with the facility
Idaho Power Company
4b lderrtifl; utilitics provadir:i'; rvrteelirit; se/vir:e or (therk hFre;f rrrl;re fi
4c ldentlfy utllitles purchaslng the useful electric power output or check here if none
fdaho Power Company
4d irletrlily utilities provitlirrq rri;r;:ler.trerrtary |)o\uer, [lackup power. mairrtetrarrce polvr'r, and/orinler'rriptihle Frovuer
servr.e or rheck lrore if norre ffi
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 45 of 58
FERC Form 556 PageT-All Facilities
5a Direct ownership as of effective date or operation date: ldentify all dhect owners of the facility holding at least 10
percent equity lnterest. For each ldentified owner, also (l ) lndicate whether that owner is an electric utility, as
defined ln section l(22) of the Federal Power Act (15 U.S,C.796(22)), or a holding company, as defined ln section
't262(8)of thePublicUtilityHoldingCompanyActof 2005(42U,S.C, 16451(8)),and(2)forownerswhichareelectric
utllltiesorholdlngcompanies,providethepercentageofequitylnterestinthefacilityheldbythatowner. lfno
dhect owners hold at least 10 percent equity lnterett in the facility, then provide the required lnformation for the
two direct owners with the largest equity interest in the facllity.
Electric utility or lf Yes,holding % eguity
Full legal names of direct owners company lnterest
YesI
Yesfl
Yes fl
YesI
YesfJ
YesI
Yes I
YesI
ves f
Yesfl
fl Check here and continue in the Miscellaneous sectlon startlng on page l9 if additional space is needed
NoE
NoI
NoE
NoE
No fI
No fl
NoD
NO fJ
NoD
No fI10)
1) Mu.Ll cn I nvosLrrer'.1.s, i.,1,(
2l
3)
4t
s)
6)
t)
8)
e)
5b Upstream (i,e., indirect) ownership as of effective date or operation date: ldentify all upstream (i.e., indirect) owners
of the facility that both (l) hold at least I 0 percent equity interest in the facllity, and (2) are electric utilities, as
defined in section 3(22) of the Federal Power Act (16 U.s,C, 796(22)), or holding companies, as defined ln section
1262(8) of the Public Utility Holding Company Act of 2005 (42 U.S.C. 16451 (8)). Also provide the percentage of
equlty lnterest in the faclllty held by such owners. (Note that becaure upstream owners may be subsldlaries of one
another, total percent equity lnterest reported may exceed 100 percent.)
Check here if no such upttream owners exist, [l
% equity
Full legal names of electric utllity or holding company upstream owners interest
l)
2t
3)
4)
s)
6)
7l
8)
e)
l0)
Check here and continue ln the Mlscellaneous section starting on page 1 9 lf additlonal space is needed
.9
lU
oo-oEc.E
.g-
!yt
otr
Bo
5c ldentl$r the facility operator
Franklin Energy Storage 'Iwo, LLC
0
FERC Form 556
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 46 of 58
Page8-All Facilities
Describe the primary energy inputi (check one maln category and, if applicable, one subcategory)
f] Blomass (specify)
I Landfillgar
I Manure digester gas
I Munlclpal solid waste
I Sewagedlge5tergas
I Wood
EI Renewable resources (speciF/) ! Geothermal
I Hydro power- river I Fossll fuel (spicify)
renewaOther lesourcebleWastebelowlinetn6b)(specifo tyPe on(describe e)f, Other (descrlbc on page l9)
E Hydro power-tldal
I Hydro power - wave
fl Solar- photovoltalc
I Solar- thermal
I Coal (not waste)
I Fuelollldiesel
I Natural gas (not waste)
- Otherfossll fuelU (describe on page 19)fJ Othel biomass (describe on page 19) E Wind
6b lf you specified "waste" as the prirnary energy input ln line 6a, lndlcate the type of waste fuel used: (check one)
! Waste fuel listed in l8 C.F.R. S 292.202(b) (specifo one of the following)
I Anthraciteculm produced priortoJuly23, 1985
n Anthraciterefusethathasanaverageheatcontentof6000Btuorlessperpoundandhasanaverage" ashcontentof45 percentor more
,.- Otuminous coal refuse that has an average heat conlent of 9,500 Btu per pound or less and has an
" average ash content of 25 percent or mors
Top or bottom subbitumlnous coal produced on Federal lands or on lndian lands that has been
determined to be waste by the Unlted States Department of the lnterio/s Bureau of Land Management
(BLJt4) or that is located on non-Federalor non{ndian lands outside of ELMIiurisdiction, provlded that
the applicant shows that the latter coal is an extension ofthat determined by BLM to be waste
Coal refuse produced on Federal lands or on lndian lands that has been determlned to be waste bythe
I BLM or that ls located on non- Federal or non-lndlan lands outside of B[M's jurisdlction, provided that
applicant shows that the latter ls an extension of that determined by BLM to be waste
- Lignite produced ln associatlon wlth the production of montan wax and llgnite that becomes exposedu as a result of such a mining operatlon
I Gaseous fuels (except natural gas and synthetic aas from coal] (describe on page I 9)
Waste natural gas from gas or oil wells (describe on page 19 how the gas meets the requirements of I 8
D C.F.R. 5 2"400 for waste natural gas; include with your filing any materials necessary to demonstrate
compliance with l8 C.F.B.5 2,400)
fl Materlals that a government agency has certifled for disposal by combustion (descrlbe on page l9)
I Heat from exothermic reactlons (descr{be on page 1 9) [ Residual heat (describe on page I 9]
D Usedrubbertires I Plasticmaterials I Refineryoff-gas I Petroleumcoke
Other waste energy input that has little or no commercial value and exists in the abrence of the qualif,ing
I faclllty lndustry (descrlbe in the Mlscellaneous sectlon starting on page l9; include a discussion of the fuel's
lack of commercial value and existence in the absence of the qualifilng faclllty industry)
n
gas o Btu/h 006
o Btu/h 0%
O 8tu/h OVo
5
CLc
cn
0)cUJ
6c Provide the average energy input calculated on a calendar year basis, in terms of Btu/h for the following fossit fuel
energy inputs. and provide the related percentage of the total average annuat energy input to the facility (18 C.F.R. 5
292-2OZ0ll. For any oil or natural gas fuel, use lower heating value (18 C.F.R. 5 792.202(m)).
Annual average energy Percentageoftotal
Fuel for fuel annual
6a
case 1:1-8-cv-00236-REB Document 7-3 Filed 07/03/19 page 47 of sg
FERC Form 555 Page9-All Facilitles
o
lndicate the maximum gross and maxlmum net electrac power production capaclty of the facllity at the point(s) of
ivery by completing the worksheet below, Respond to all ltems. lf any of the parasitic loads and/or losses identified
linel 7b through 7e are negligible, enter zero for those lines,
7a The maximum gross power production capacity at the terminals of the individual generator(s)
under the most favorable anticipated design conditions '32 000
7b Parasitic statlon power used at the facllity to run equipment whlch is necessary and integral to
the power production process (boiler feed pumps, fans/blowers, offlce or malntenance bulldings
dlrectly related to the operation of the power generating facility, etc.). lf this facility includes non-
power productlon processes (for instance, power consumed by a cogeneration facility's thermal
host) , do not lnclude any power consumed by the non-power production activities in your
reported parasitic station power.ro kW
7< Electrical loses ln intetconnectlon transformers
434 kw
7d Electrical losses in AC/DC conversion eguipment, if any
920 kw
7e Otherlnterconnectionlossesinpowerlinesorfacilities(otherthantransformersandA?DC
conversion equipment) between the terminals of the generato(s) and the point of interconnection
6365
7f Total deductlons from gross power production capacity = 7b + 7c +7d + 7e
79 Maxlmum net power production capacity =7a -7f
co
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F
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7h Descrlption of facility and primary cornponents; Descrlbe the facility and its operatlon. ldentlfy all boilers, heat
recovery steam generators, prime movers (any mechanical equlpment drlvlng an electric Aenerator), electrical
generatort photovoltalc solar equlpment, fuel cellequipment and/or other prlmary power generation equlpment
used In the facility. Descriptlons of components should include (as applicable) specilications of the nominal
capachies for mechanlcal output, electrical output, or steam generatlon of the identlfied equlpment, For each plece
of equipment ldentified, clearly indicate how many pleces of that type of equipment are lncluded ln the plan( and
which components are normally operating or normally ln standby mode. Provide a description of how the
components operate as a system. Applicants for cogeneration facilities do not need to describe operations of
systems that are clearly depicted on and easily undetstandable from a cogeneration facility's attached mass and
heat balance diagram; however, such applicants should provide any necessary description needed to understand
the sequential operation of the facility depicted in their mass and heat balance dlagram. lf addltlonalspace ls
needed, contlnue ln the Mlscellaneous section starting on page I9.
l'he prolecl. consists cf an energy storage sysLem Qualj.fying Eacility providing
scheduled and dispatchable electricity ln forward-Iooking tine blocks, Tne
energy storage system that comprises Lhe energy storagc Quallfying Facllity is
designed Lo, and wiI1, receive l00t of its energy lnput from a cornbination of
renewable energy sources such as wlnd, solar', biogas, biomas, etc- The currenh-
initial design util-1zes solar photovoltalc {Pv) modulco mounted Lo single*axis
t-rackers to provide the elect-ric energy input to the Qualifying Facility's
battery sEorage system. The PV rnodules are planned to be connecLeci in series/
paral le1 combinations to solar inverter-s, rated approximateJ.y 2.$ MWac each,(subjocc to change). The proposad e1ectxic energy storage Qualifying Fat:ilitywill consist of an electro-chemical baLtery anci will have a maxirnurn power output.
capacit.y of 25 MWac for a sustained time period of 5 - 60 minutes. The Facility
will conslsl- of an alternatlng current. (AC) Lo direct currertt (DC) control
sysEem. 'Ihc Qualifying Facility will be utilize,f to provide the purchasirrg
utiliry with pre-schecluled and dispatchable AC energy t^JlEhin pre-determined timeblocks. The sol.e source of elecLric power and energy provided to the purchasing
uti ).ity wilI be Lhe electro-chemical reactlon giving rise to the ciischarge c.rf
electric power and energy by the bactery, In t,urn, the sole djrect source of
energy rnput provided to the bat.tery FaciliLy wil I be, as described ahove,
renewable sources.
with the utilitv
li t^
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 48 of 58
FERC Form 556 Page 10 - Small Power Productlon
lnformation Required for Small Power Production Facility
lf you indicated in line 1k that you are seeking qualifying small power production facility status for your facillty, then you
must to the ltems on thls 10.
o
0
Pursuant to I I C.F.R. 5 292,204{a), the power production capacity of any small power ptoduction facility, together
with the power production capaclty of any other small power production hcilities that use the same energy
resource, are owned by the same person(s) or its affiliates, and are located at the same site, may not exceed 8o
megawatts. Iodemonstratecompllancewiththisslzelimitation,ortodemonstratethatyourfacilityisexempt
from this size limitation under the Solar, Wind, Waste, and Geothermal Power Production lncentives Act of 1990
(Pub. L, 1 0l-575, 104 Stat.2834 {1990J as amended byPub.L.10246,105 Stat. 249 (199fi, respond to lines 8a
through 8e betow (as applicable).
8a ldentiff any facilities with electrical generating equipment located withln I mile of the electrlcal generatlng
equipment of the lnstant facility, and for which any of the entities identified in lines 5a or 5b, or their affiliates, holds
at least a 5 percent equity lnterest,
Check here if no such facilities exlst. ffi
l)QF-kw
2)eF-kw
3) eF-kw
' j Check here and contlnue ln the Miscellaneous section staillng on page l9 lf additional space is needed
Common owne(s)production capacity
Maximum net powerRoot docket #
(if any)
Facality location
(city or county, state)
8b The Solar, Wlnd, Waste, and Geothermal Power Productlon lncentlves Act of 1990 (lncentlves Act) provides
exemption from the size limitations in l8 C.F.R. 5 292.204(a) for certain facilities that were certified praor to 1 995.
Are you seeking exemptlon from the rize limitations ln l8 C.F.R. I292.204(a) by virtu€ of the Incentives Act?
I Yes (continue at line 8c below) fi lrto lsklp llnes 8c through 8e]
8c Wastheorlglnal noticeofselFcertificationorapplicationforCommisslonceitiflcationofthefacllltyflledonor
before December 3'1, 1994? Yes ; --l No i' :
8d DidconstructionofthefacllltycommenceonorbeforeDecember3l,lggg? Yesl I No I l
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Ee lf you answered No ln line 8d, indicate whether reasonable diligence was exerclsed toward the completion of
the faclllty, taking into account all factors relevant to construction? Yes | ! No l' I lfyou answered Yes, provide
a brief narrative explanation in the Miscellaneous section startlng on page l9 of the constructlon tlmellne (ln
particular, describe why construction started so long after the facility was certified) and the dillgence exerclsed
toward completion of the facillty.
Pursuant to 18 C.F.R. 5 292.20{(b), qualifying small power production facillties may use fossll fuels, in minlmal
amounts, for only the following purposes: ignition; start-up; testing; flame stabllization; control use; alleviation or
prevention of unanticipated equipment outaget and alleviatlon or prevention of emergencies, dlrectly affectlng
the public health, safety, or welfare, which would result from electrlc power outages. The amount of fossll fuels
used for these purposes may not exceed 25 percent of the total energy input of the facility during the 12-month
perlod beginning wlth the date the facillty first produces electric enerry or any calendar year thereafter.
9e Certification of compliance wlth I 8 C.F"R. 5 292.204(b) wlth respect to uses of fossil fuel:
ffi Appllcant certifies that the facility wlll use fossil fuels exclustvely lor the purposes listed above.
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9b Ceftiflcation of compliance with 1 8 C.F.R, 5 292.204b) with respect to amount of fossil fuel used annually:
Applicant certifies that the amount of fossil fuel used at the facility will not, in aggregate, exceed 25
ffi percent of the total energy lnput of the facility during the 12-month period beginning with the date the
facility fiist produces electric energy or any calendar year thereafter.
case 1:18-cv-00236-REB Documenr 7-3 Filed 07/03/18 page 49 of 5g
FERC Form 556 Page l1 - Cogeneratlon Facilities
Pursuant to 18 C.F.R. 5 292.2o2(cl,a cogeneration facility produces electric energy and forms of useful thermal
energy (such as heat or steam) used for industrial, commerclal, heating, or cooling purposes, through the sequential
useofenergy. Pursuanttol8C.F.R.5792,202lsl,"sequentlal use''ofenergyrneansthefollowlng:(1)foratopping-
cycle cogeneration facility, the use of reject heat from a power pToductlon process in sufficlent amounts in a
thermal application oI process to conform to the requirements of the operating standard contained in I 8 C.F.R- 5
292.205(a); or (2) for a bottoming-cycle cogeneration facility, the use of at least some refect heat from a thermal
appllcation or process for power production.
10a What type(s) of cogeneratlon technology does the facility repr€sent? (check all that apply)
i I Toppingcycle cogeneratlon i I Bottomlng-cycle cogeneration
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1Ob To help dernonstrate the sequential operation of the cogeneration process, and to support compliance with
other requlrements such as the operating and efflciency standards, include wlth your filing a mass and heat
balance diagram depicting'average annual operating conditions. Thls diagram must lnclude certaln ltems and
meet certain requlrements, as desctibed below. You must check next to the descrlption of each iequlrement
below to certlfl that you have complied wlth theee requlrements.
Check to certlfy
compliance with
lndicated requlrement Requirement
Diagram must show orientation withln system piping and/or ducts of all prime moverr,
heat recovery steam generators, boilers, electric generators, and condeosers (as
appllcable), as well as any other primary equlpment relevant to the cogeneratlon
proc€ss.
Any average annual values lequired to be rcported in llnes 10b, l2a, 13a, '13b, l3d, l3f,
14a, l5b, l5d and/or 'l5f must be computed over the anticipated hours of operation.
Dlagram must speclfy all fuel inputs by fueltype and average annual rete In Btu/h. Fuel
for supplementary flrlng should be specified sepantely and clearly labeled. All
speciflcations offuel inputs should use lower heatlng values.
Diagram must speciff average gross electric output in kW or MW for each generator.
Diagram must specifo average mechanical output (that is, any mechanical energy taken
off of the shaft of the prime movers for purposes not directly related to electrlc power
generation) in horsepower, if any. Typlcally, a cog€netatlon facility has no mechanica!
output.
At each point for which working fluid fow conditions are required to be specifled (see
below), such flow conditlon data rnust include mass flow rate (in lb/h or kgis),
temperature (in "F, & t or K), absolute pressure (in psh or kPa) and enthalpy (ln Btu/lb
or kJllcg). Exception: For systems where the worklng flvldls llquld only (no vapor at any
point in the cycle) and where the type of liquld and speciflc heat of that ltguid are cleaily
lndlcat€d on the diagram or in the Mlscellaneous sectlon startlng on page 1 9, only mass
flow rate and temperature (not pressure and enthalpy) need be speclfied. For reference,
speclflc heat at standard conditions for pure liquid water is approxlmately 1.002 Btu/
(lblR) or4.l 95 U/(kg'K),
Dlagram must speclfu wo*lng fluid flow condltions at input to and output from each
steam turbine or other expansion turbine or back pressure turbine.
Dlagram must specify working fluid flow conditions at delivery to and return from each
thermal application.
Oiagrarn must speclty worklng fluid flow condltlons at make-up water inputs.
lnformation Required for Cogeneration Facility
lf you indicated in line I k that you are seeking qualifflng cogeneralion facllity status for your faclllty, then you must respond
to the ltems on '11 I3.11 't3.
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FERC Form 556
case 1:18-cv-00236-REB Document 7-3 Filed 07/03i1g page 50 of 58
Page 12 - Cogeneratlon Facillties
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EPAct 2005 cogeneration facilities: The Energy Policy Act of 2005 (EPAct 2005) ettablished a new sectjon 2t 0(n) of
the Publlc Utility Regulatory Policies Act of 1978 (PURPA), l6 U5C 824a-3(n), with additional requlrements for a ny
gualifoing cogeneratlon facllity that (l ) ts seeklng to sell electric energy pursuant to sectlon 210 of PURPA and (2)
was either not a cogeneratlon facllity on August 8, 2005, or had not filed a self-certification or application for
Commisslon certification of QF status on or before February l, 2006. These requlrements were lmplemented by the
Commission ln t 8 C.F.R. S 292.205(dl. Complete the llnes below, carefully followlng the lnstructiont to demonstrate
whether these additional requirements apply to your cogeneration facillty and, lf so, whether your faciltty complies
with such requlrements.
I ta Was your facility operating as a qualifuing cogeneratlon facility on or befote August 8, 2005t Yes i'.1 No;-:]
llb Wastheinitial filingseekingcertlficationofyourfacility(whetheranoticeofself-certificationoranapplication
for Commlsslon certlflcation) filed on or before February 1, 2006?NorYes
lftheanswertoeitherlinellaorllbisYes,thencontlnueatllnellcbelow. Otherwlse, lftheanswerstobothlines
llaandllbareNo,tollnellebelow,
t 1( With respect to the design and operation of the facility, have any changes been implemented on or after
February 1 2006 that affect general plant operation, affect use ofthermal output, and/or increase net power
production capaclty from the plant's capacity on February 1, 2006?
. I Yes (contlnue at line I I d below)
No. Your facility is not subject to the requirements of I8 C.F.R. 5 292.205(d) at this time. However, it may be
: subject to to these requirements in the future lf changes are made to the facility, At such time, the applicant
would need to recertifo the facillty to determine eligiblllty. Skip lines I i d through I I j.
lld Doestheapplicantcontendthatthechangesldentlfiedinlinellcarenotsosignificantastomakethefacility
a "new" cogeneration facility that would be subject to the 18 C.F.R. S 292.205(d) cogeneration requirements?
Yes. Provide in the Miscellaneous section startlng on page 19 a description of any televant changes made to
:"' I the facllity (includlng the purpose of the changes) and a dlscuslon of why the faclllty should not be
consldered a 'neu/ cogeneratlon facility in light ofthese changes. Skip lines 1 1e through I lJ.
No, Applicant stlpulates to the fact that it is a "new' cogeneratlon facility (for purposes of determining the--i applicability of the requirements of 18 C.F.R. S 292J05(d)) by vinue of modifications to the facility that were
lnltiated on or after February 2, 2006. Continue below at line 1 1e.
I le Will Electric €nergy from the facllity be sold pursuant to section 210 of PURPA?
,,Yes.ThehcilityisanEPAct2005cogenerationfacility.YoumustdemonstratecompliancewlthlSC,F,E.5' ! 292,205(dt(2) by conilnuing at llne 1 1f below.
No. Appllcantcertlflesthatenergywlll notbesoldpursuanttosection210ofPURPA" Applicantalsocertlfles
its understanding that lt must recertlry lts facility in order to determlne compliance with the requirements of
lE C.F.R. 5 292.205(d) before selling energy pursuant to sectlon 210 of PURPA in the future. Skip lines 1 lf
through t lj.
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llf lsthenetpowerproduction(apacityofyourcogenerationfacility,asindicatedinlineTgabove,lessthanor
equal to 5,000 kw?
Yes, the net power production capacity is less than or equal to 5,000 kw. l8 c.t.R. 5 292,205(dx4) provides a
rebuttable presumptlon that cogeneration faclllties of 5,000 kW and smaller capacity comply with the
, requirementsforfundamental useofthefaclllty!energyoutputln 18C.F.R.5292,205(dX2). Applicant
ceftifies its understanding that, should the power production capacity of the facility increase above 5,000
kW, then the facility must be recertified to (arnong other things) demonstrate compliance wlth l8 C.F.R. 5
292.205(dX2). Sklp llnes ! 1g through l1j.
No, the net power production capacity is greater than 5,000 kW. Demon3trate compliance with the'': requirements for fundarnental use of the facillty'r energy output in 18 C.F,R. S 292.205td[2) by continuing on
the next page at line I I g.
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 51 of 58
FERC Form 556 Page 13 - Cogeneration Facilities
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Lines I lg through t 1k below guide the applicant through the process of demonstrating compliance with the
requlrements for "fundamental use" of the facility's energy output. 18 C.F.R. ! 292.205(d)(2). Only respond to the
lines on thls page if the instructions on the prevlous page direct you to do so. Otherwise, skip this page.
l8 C.F.R, S 292,205(dl(2) requires that the electrical, thermal, chemical and mechanlcal output of an EPAct 2005
facility is used fundamentally for industrial, commerclal, residentlal or institutlonal purposes and is
not lntended fundamentally for sale to an electric utillty, taking into account technologlcal, efficiency, economlg
and variable thermal energy requirementt as well as state laws appllcable to sales of electrlc energy from a
qualifying faclllty to its host facility. lf you were directed on the previous page to respond to the items on thls page,
then your facillty is an EPAct 2005 cogeneration faclllty that ls subJect to thls "fundamental use" requlrement.
The Commission's regulations provide a two-pronged approach to demonstrating compliance with the
requirementsforfundamental useofthefacility'senergyoutput. First,theCommisslonhasestablishedinl8C.F.fl.
S 292.205(dX3) a -fundamental use test" that can be used to demonstrate compliance with 18 C.F,R. 5 292.205(dX2).
Under the fundamental use test, a facllity is considered to comply with l8 C.F.R. 5 292.205(dX2) if at least 50 percent
of the facility's total annual energy output (including electrical, thermal, chemical and mechanical energy output) is
used for industilal, commercial, resldential or institutional purposes.
Second, an appllcant fot a facility that does not pass the fundamental use test may plovide a nanative explanation
of and support for lts contention that the facllity nonetheless rneets the requirement that the electrical, thermal,
chemlcal and mechanical output of an EPAct 2005 cogeneratlon facllity ls used fundamentally for industrial,
commerciat, resldential or tnstltutional putposes and is not intended fundamentally for sale to an electrlc utility,
taking into account technological, efficiency, economlc, and varlable thermal energy requirements, as well as state
laws applicable to sales of electric energy from a qualiffing facllity to its host facility.
Complete lines 1 'l g through I I j below to determine compliance with the fundamental use test in 18 C.F.R. I
292.205(dX3). Completelinesllgthroughlljevenifyoudonotlntedtorclyuponthefundamentolusetertto
demonstrote compliance with l8 C.F.R. 5 292,205(dN2),
I 1E Amount of electrical, thermal, chemlcal and mechanical energy output (net of lnternal
generation plant losses and parasltlc loads) expected to be used annually for industrial,
commercial, residentlal or institutlonal purposes and not sold to an electrlc utility ,\lruVir
11h Total amount of electrlcal, thermal, chemical and mechanlcal energy expected to be
sold to an electric utility ivlWh
lti Percentageoftotal annual energyoutputexpectedtobeusedforindustrlal,
commercial, residentialor institutional purposes and not sold to a utility
= 100 r 1 19 /(l 19 + I lh)
1 lf lsthe response in line I li greater than orequal to 50 percent?
Yes. Your faclllty complies with 18 C.Fn. S 292.205(dX2) by vinue of passing the fundamental use test
provlded in 18 C.F.R. 5 292.205(d)(3). Applicant certifles its understanding that if lt ls to rely upon passing
i j the fundamental use test as a basls for complylng with l8 C.F.R. $ 292.205(dX2), then the faclllty must
comply with the fundamental use test both ln the I2-month period beginning wlth the date the facility flrst
produces electric energy, and in all subsequent calendar years.
No. Your facility does not pass the fundamental use test. lnstead, you must provlde in the Miscellaneous
section starting on page 19 a narrative explanation of and support for why your facility meets the
requirement that the electrical, thermal, chemical and mechanical output of an EPAct 2005 cogeneration
facility is used fundamentally for industrial, commercial, residential or institutional purposes and is not
intended fundamentally for sale to an electric utility, taking into account technological, efflclency, economic,
and variable thermal energy requirements, as well as state laws applicable to sales of electric energy from a
QFtoitshostfacility, Applicantsprovidlnganarratlveexplanationofwhytheirfacilityshouldbefoundto
comply with 18 C.F,R. 5 292.205(dX2) in spite of non-compliance with the fundamental use test may want to
review paragraphs 47 through 6l of Order No.67l (accpsslble from the Commission's QF website at
www.ferc.gov/QF), which provide discussion of the facts and circumstances that may support their
explanation. Applicant should also note that the percentage reported above will establish the standard that
that faclllty must comply wlth, both for the I 2-month period beginning with the date the facillty flrst
produces electric energy, and in all subsequent calendar years. See Order No. 671 at paragraph 5'1. As such,
the applicant should make sure that it reports appropriate values on llnes I 1g and I I h above to serve as the
relevant annual standard, taking into account expected varlations in production conditinns.
e
FERC Form 556
Case 1:L8-cv-00236-REB Document 7-3 Filed 07/03/18 Page 52 of 58
Page l4 - Topping-Cycle Cogeneration Facilitles
lnformation Required for Topping-Cycle Cogeneration Facility
lf you indicated in llne 10a that your facility represents topping<ycle cogeneratlon technology, then you must respond to
the ltems on l4and 15.l4and 15.
(,The thermal energy output of a topplng-cycle cogeneratlon faclllty is the net energy made avallable to an industrial
orcommerclal process or used in a heating or cooling appllcation. Pursuant to sections 292.202(c), (d) and (h) of the
Commission's regulations (1 8 C.F.R. SS 292,202(cl, (d) and (h)), the thermal energy output of a qualifflng topplng-
cycle cogeneration facllity must be useful. ln connection wlth this lequirement, describe the thermal output of the
topping-cycle cogeneration facility by responding to lines 1 2a and l2b below.
t2a ldentifu and descrlbe each thermal host, and specif, the annual average rate ofthermal output rnade avallable
to each host for each use, For hosts with multiple uses of thermal output, provide the data for each use inseparutercws' Avelage annual rate of
therrnal output
attributable to use (net of
Name of entity (thermal host) Thermal host's relatlonship to facillty; heat contained in process
taking thermal output Thermal host's use of thermal output return or make-up water)
r lo [,r<-ilittlrerlrill lr()rL's relatir.r'r
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t tlle/rflai lrost s use r:f thernral o ,t tJ ul'h
tc [aciiit'lur-t Llrerrnol hurt r rr:l
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lect therrnal t r, r:se cl tlrerrtr.rl oLr luI Bt r,lh
lec.t lherrn,tl nrrst's ia!ir"rn:h i to frci.l
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ocl tlrernral lrosi's use of thenrral cul
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et tlrerrlal host's use ol titellal ou .rl U tu Itl
thct tnerrnal lrost's rol.tt onslriF tcr
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Srler-l tlrerntal lrosl's Llse oi [[rerntal orr ut
-l tlrcrrn,rl irosi's r ciatror tof
tlrerr^nai llu5t s u rc of tlrerntal o
l] Check here and continue in the Mlscellaneous section startlng on page l9 if additional space is needed
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ott)l2b Dernonstrationof usefulnessof thermal output; Ata mlnlmum,provldea brief descrlptlonof each useof the
thermal output identified above. In some cases, this brief descriptlon ls sufficient to demonstrate usefulness.
However, if your facility! use of thermal output is not common, andlor lf the usefulness of such thermal output is
not reasonably clear, then you must provide additional details as necessary to demonstrate usefulne:s. Your
application may be reJected and/or additional lnbrmation may be requlred lf an lnsufflcient showing of usefulness
is made. (Exception: lf you have previously received a Commission certification approving a speclfic use of thermal
output related to the instant facility. then you need only provlde a brlefdescription ofthat use and a reference by
date and docket number to the order certifylng your faclllty wlth the lndicated use. Such exemption may not be
used lf any change creates a material deviation from the prevlously authorized use.) lf additional space is needed,
continue ln the Miscellaneous section startlng on page '19.
Btu/h
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FERC Form 556
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 page 53 of 58
15 - Topphg-Cycle Cogeneration Facilities
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Inpplrcantr to, facilities representing topping-cycle technotogy must dernonstrate compliance with the topping-
I cycle operatlng standard and, if applicable, efficiency standard. Section 292,205(aXl ) of the Commisslon's
lregulations (18 C.F.R. 5 292.205(aXl)) establishes the operating standard for topplng-cycle cogeneratlon facilities:
Itheusefulthermalenergyoutputmustbenolessthan5percentofthetotalenergyoutput.sectlon2g2205{a}(2)
(18 C.F.R. S 292.205(al(2)) establishes the efficiency standard for topping<ycle cogeneration facilities for which
installation commenced on or after March 13, 1 98O the useful power output of the facillty plus one-half the useful
thermal energy output must (A) be no less than 42.5 percent ofthe total energy lnput of natural gas and oll to the
facility; and (B) if the useful thermal energy output ls less than I 5 percent of the total energy output of the facllity,
be no less than 45 percent of the total energy input of natural gas and oilto the faclllty. To dernonstrate
compliance with the topping-cycle opetating and/or efficiency standards, or to demonstrate that your facility is
exempt from the efficiency standard based on the date that instatlation commenced, respond to lines 13a through
131 below.
lf you indicated in line 10a that your facility represents both topping-cycle and bottomhg-cycle cogeneration
technology, then respond to lines 'l3a lhrough I3l below considering only the energy lnputs and outputs
attributable to the topping-cycle portion of lrcurfacility. Your mass and heat balance dlagram must make clear
which mass and energy flow values and system components are for which portlon (topping or bottoming) of the
coqeneration system,
I3a lndicatetheannual averagerateofusefulthermal energyoutputmadeavailable
to the host(s), net of any heat contalned ln condensate return or makHlp water 8l -rlh
ku/
13b lndicate the annual average rate of net electrical energy output
rl Bt Lr/il
13< Multlply line l3b by 3,412 to convert from kW to Btu/h
t3d lndicatetheannualaveragerateofmechanlcal energyoutputtakendirectlyoff
of the shaft of a prlme moverfor purposes not directly related to power production
(this value ls usually zero)lll)
ij 6tir,/h
t 3c Multiply line 1 3d by 2,5214 to convert fiom hp to Btu/h
Bturh
I3f Indicate the annual average rate of energy input from natural gas and oil
139 Topping-cycleoperatlngvalue= t00 x 13a /('l3a + 13c + 13e)
13h Topplng-cycle efficiency rralue = 100 * (0.5*1 3a + 13c + l3e) / 1 3f
t3i Compliance wlth operatlng standard: ls the opentlng value shown in line 139 greater than or equal to 5%?
l' lYes (complles with operating standard) i* j No (does not comply with operating standard)
t 3J Dld lnstallation of the hcility ln lts curent form commence on or after March l 3, 1 980?
. ., Yes. Yourfacllityissubjecttotheefficiencyrequirementsof 18C.F.R.5292.205(a)(2). Demonstrate
compliance with the efficiency requlrement by responding to line 1 3k or 131, as applicable, below.
_' I No. Your facility is exempt from the efflclency standard. Skip lines 1 3k and I 31.
t3k Compliance with efficiency standard (for low operatlng value): lf the operating value shown in line l39 is less
than l5%, then indicate below whether the efficiency value shown in line 13h greater than or equal to 45%:
Yes (complies with efficiency standard) No (does not comply with efficiency standard)
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l3l Compliancewithefficiencystandard(forhighoperatingvalue): lftheoperatingvalueshowninlinel39is
greater than or equal to l5%, then lndicate below whetherthe efficiency value shown in line 13h is greater than or
equal to 42.5%:
'' Yes (complles wlth efficiency:tandard) -
' No (does not comply with efflclency standard)
Case L:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 54 of 58
FERC Form 556 Page 16 - Bottoming-Cycle Cogeneration Facilities
lnformation Required for Bottoming-Cycle Cogeneration Facility
lf you indicated in llne l0a that your facillty represents bottoming<ycle cogeneratlon tech nology, then you must respond
to the items on I6and l7 l6and 17.
othermal energy output of a bottomlng-cycle cogeneration faclllty is the energy related to the process(es) fiom
which at least some of the reJect heat ls then used for.powet production. Pursuant to sections 292.202(c) and (e) of
the Commission's regulationr {18 C.F.R, 5 292,202(c) and (e)) , the thermal energy output of a quallffing bottoming-
cycle cogeneration facility must be useful. In connection with this requirement, describe the process(es) from
at least some of the reject heat is used for power production by responding to lines 1 4a and t 4b below,
r 4a ldentlfy and describe each thermal host and each bottomingrycle cogeneratlon process engaged in by each
host, For hosts wlth multlple bottomlng-cycle cogeneration plocesses, provide the data for each process inseporaterows' Has the energy input to
Name of entity (thermal host) the thermal host been
performing the process from augmented for purposes
which at least some of the of increasing power
reject heat ls used for power Thermal host's relationship to facllity; production capacity?production Thermal host's process type (if Yes, describe on p. 19)
thermal host's rel to facr)
thr.rrnalhost's
Yes No
thernral host's lo fa?\
tlrerrnal host's
Yes No
thermal ho.st's relationshi to facilit
thcrntal host's
Yes Ntr
, 'jCheck here and continue in the Miscellaneous sectlon starting on page 19 if additional space is needed
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tlb DemonstrationofusefuJnesJofthermal output Ataminimum,provideabrlefdescriptlonofeachproceis
identified above. ln some cases, this brief description is sufficlent to demonstrate usefulness. However, if your
facillty's process 15 not common,andlor lf the usefulness of such thermal output ls not reasonably clear, then you
must provide addltlonal detalls as necessary to demonstrate usefulness. Your application may be rejected and/or
additional information may be ,equired if an lnsuflicient showing of usefulness is made. (Exceptlon: lf you have
prevlously received a Commission certificatlon approvlng a specific bottoming-cycle process related to the instant
facility, then you need only provide a briefdescrlption ofthat process and a reference by date and docket number
to the order certifflng your facility with the indicated process. Such exemption may not be used if any material
changestotheprocesshavebeenmade.) lfadditionalspacelsneeded,continuelntheMiscellaneoussection
rtarting on page I 9.
j)
case 1:18-cv-00236-REB Document 7-3 Filed 07/03/j.B page 55 of 58
FERC Form 555 Page 17 - Bottomlng-Cycle Cogeneratlon Facllltles
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lApplicants for facilities representing bottoming-cycle technology and for which installation commenEed on or after
I March 13, I990 must demonstrate compliance with the bottorning<ycle efflciency standards. Section 292.205,tb) ot
Ithe Cornmlsslon's regulations (18 C.F.R. g 292.205{b)) establishes the efiiciency standard for bottomlng^cycle
lcogeneratlonfacilities: theuseful poweroutputofthefacllitymustbenolessthan45percentoftheenergyinput
of natural gas and oil for supplementary firing. To demonstrate compliance with the bottoming-cycle efflclency
standard (if appllcable), or to demonstrate that your hcility is exempt from this standard based on the date that
installation of the facility began, respond to lines l5a through t 5h below.
lf you lndtcated in line l0athat yourfacillty represents 6olh topplng-ctrrch and bottomlng-cycle cogeneratlon
techrology, then respond to lines 'l5a through 15h belor+r conslderlng only the energy lnputr and outputs
attrlbutabh to the bottoming<ycle portlon of your hclllty. Your mars and heat balance dlagram must make clear
which masr and energy flow vatues and system components are for which portlon of the cogeneratlon rystern
(topping or bottoming), I
lsa Dld lnstallationof thefacilltyin ltscurrentform commenceonorafterMarch 13, l98o?
Yes. Your faclllty is subJect to the efficlency requirement of 18 C.F.R. 5 292205(b). Demonstrate compliance
with the efficlency requlrement by respondlng to llnes l5b through t5h below.
i - I No. Your facility is exempt from the efficlency rtandard. Skip the rest of page 17
L-j
I 5b lndlcate the annual average rate of net electrical energy output
kw
1 5r 'Multiply line I 5b by 3,41 2 to convert fiom kW to Btu/h
8tu/lr
15d lndicatetheannual averagerateofmechanical energyoutputtakendlrectlyoff
of the shaft of a prime mover for purposes not directly related to power production
(this value is usually zeto)hp
l5c Multiply line I 5d by 2,544 to convert from hp to Btu/h
Erulh
I5f Indicate the annual average rate of supplementary energy input frgm natural gas
or oil 8t,r./h
f 59 Bottomlng-cycle efficiency value = lfi) t (l5c + 15e) / l5f
l5h Compliance wlth efflclency standard: lndlcate below whether the efficiency value shown in line 159 is greater
than or equal to 45%:
- jYes (complies wlth efficiency standard) i-] No (does not comply with efficlency standard)
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 56 of 58
FERC Form 555 Page 18 - All Facilities
Certificate of Completeness, Accuracy and Authority
Applicant must certifu compliance wlth and understanding of flllng requlrementr by checking next to each item below and
signing at the bottom of this sectlon, Forms wlth lncomplete Certificates of Completeness, Accuracy and Authorlty will be
rejected by the Secretary of the Commlsslon.
Signer identifled below certifies the followlng; (check all ltems and applicable subitems)
He or she has read the filing, including any information contalned in any attached documents, such as cogeneration
[l mass and heat balance diagramg and any informatlon contalned in the Miscellaneous section starting on page 19, and
knows its contents.
a He or she has provided all of the requlred information for certification, and the provlded information ls true as stated,
to the best of his or her knowledge and belief.
He or she possess full power and authority to sign the filing; as required by Rule 2005(aX3) of the Commission's Rules of
Practice and Procedure (18 C,F.R. S 385.2005(a)(3)), he or she is one of the following: (check one)
D The person on whose behalf the filing is made
I An officer of the corporation, ttust, assoclation, or other organized group on behalf of whlch the filing ls made
,- Anofficer,agent,oremployeofthegovernmentalauthority,agency,orinstrumentalityonbehalfofwhichtheu filing ls made
- A reprerentatlve qualifled to practice before theCommisslon underRule 2'l0t of the Commlsslon's Rules ofB Practlce and Procedure (18 C,F.R. 5 3E52lOl) and who potsess€sauthority to sign
a He or she has revlewed all automatlc calculations and agrees with their results, unless otherwise noted in the
Miscellaneous section starting on page 19.
He or she has provided a copy of this Form 555 and all attachments to the utilities wlth which the facility will
interconnect and transact (see llnes 4a through 4d), as well as to the regulatory authorities of the states ln whkh the
facllity and those utllltles reside. See the Required Notice to Public Utllities and State Regulatory Authorities section on
page 3 for more information.
a
Provldeyoursignature,addressandsignaturedatebelow. Rule2005(c) oftheCommlsslon'sRulesofPracticeand
Procedure (18 C,F.R. $ 3852005(c)l provides that persons flling their documents electronically may use typed characters
representing his or her name to sign the filed documents. A person filing this docurnent electronically should sign (by
typing hls or her name) ln the space provlded below,
Your Slgnature
Perer J. Richardson
Your addresl
515 N. 271-h Street-
Boise, ID 83702
Date
Audit Notes
Commirsion Staff Use Only:tr
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 57 of 58
FERC Form 556 Page 19 - All Facilltles
Miscellaneous
Use this space to provlde any lnformatlon for whlch there was not sufflclent space ln the previous se€tlons of the form to
provide. For each such ltem of Information cleorly ldentily the llne number thotthe lnformation &longtto. You may also use
thls space to provide any addltional lnformatlon you belleve ls relevant to the ceillflcatlon of your faclllty.
Your response below is not limited to one page. Addltlonal page(s) wlll automatically be lnserted into thls form lf the
length of your responre exceeds the space on this page. Use as many pages as you require,
The o.r:iginal For:m 556 i.ncorrecl.l y l
Paragral:h 3c as West '1"14.600 Norch
ccordin.rtes are t{est 1 l4 ,604 North
d ttre.Latitude arrd longitude coordinates irr
06. The correct latitudc and longitLrde
91.
iste
ql, z
12. I
Case 1:18-cv-00236-REB Document 7-3 Filed 07/03/18 Page 58 of 58
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. Case 1:i"8-cv-00236-REB Document 7-4 Filed 07/03/18 Page L of 29
EXHIBIT 3
Case 1:18-cv-00236-REB Document 7-4 Filed 07/03/t-8 page Z ot 29
Peter Richardson
Franklin Energy Storage Three, LLC
515 N.27rh Street
Boise, Idaho 83702
[e-mail]
January 26,2017
Michael Danington
Senior Energy Conhact Coordinator
Idaho Power Company
1221 West Idaho Street
Boise, tdaho 83702
HAND DELIVERY
Re: Schedule 73 Energy Sales Agrecrnent Request, Franklin Energy Storage Three,
LLC
Dear Mr. Darrington:
Enclosed, pursuant to ldaho Power Company's ("Company") Tariff Schedule 73
("Schedule 73") you will find a completed Qualifying Facility Energy Sales Agreernent
Application ( Application') seeking an "indicative pricing proposal" from the Company
for the Franklin Energy Stomge Three project. The Franklin Energy Storage Three
project ('Franklin Three") is a 25 MW battery storage QF located in Idaho a few miles
north of Jackpot, Nwada. In addition to the information requested on the enclosed
Application, Schedule 73 separately requests additional infomration and documents that
should acoompany the Application. Each information request from Section I of the
Contracting Procedures Part of Schedule 73 is responded to in detail below:
Section l(a)(i) requests a copy of the organizational structure and chart. Frar*lin
Energy Storage Three, LLC has only one member, Peter J. Richardson in his individual
capacrty, Robert A, Paul the non-member manager. As the organization is very 'flat'
there is no organizational chart.
Seotion l (aXii) requests a description ofthe "generation and other related
technology." This question is addressed in detail on the enclosed FERC Form 556 at
Paragraph 7(h), which fully describas the electro-ehemical battery system used by
Franklin Three, which has been self-certified as a QF pursuant to FERC regulations,
Section l(aXiii) requests specilics as to the "maximum design capacity, station
service requirements, and the net amormt of power, all in kW to be delivered to the
Franklin Bnergy Storage Three, LLC
Schedule 73 Contracting Procedures Checklist
Page I
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/1g page 3 of 29
Company's electic system." That information is provided in detail at Paragraphs 7a
through 79 on the enclosed FERC Form 556.
Section l(aXiv) requests a "schedule of estimated Qualifying Facility electric
output, in an 8,760-hour electronic spreadsheet format." The electronic spreadsheet is
attached to the enclosed Application.
Section l(a)(v) seeks information as to whether the facility will have the ability to
'tespond to disparch orders ftom tbe Company." As desoribed at Paragraph 7h on the
attached FERC Form 556, "The Facility will be utilized to provide the purchasing utility
[Idaho Power] with pre-scheduled and dispatchable AC energy within pre-determined
time blocks" for a sustained time period of 5-60 minutes,
Seotion l(aXvi) requests a "map of the Qualifying Facility location, electrical
interconnection point, and POD (identified by ncarest landmark and GPS coordinates)."
The enclosed Application contains the rcquested map and coordinates. Note that the
Application requests the identity of the "Nearest City or landmark" rather than just the
nearest landmark. 'Ihe identity of the city of Jackpot, Nevada on the Application as the
nearest city should sufifice as satisfying both requirements (city and landmark) as we are
unaware of a near-by physical feature of the land that would stand out as a landmark in
the common usage of the term.
Section l(aXvii) requests the "anticipated commencement date for delivery of
electric output." As noted in Paragraph ll on the attached FERC Form 556, Franklin
Three anticipates a commercial operation date of Jrure l, 2018.
Section l(a)(viii) requests a list, and status, of acquired and outstanding permits,
The project is cunently working toward finalizing Conditional Use Permits with Twin
lalts Coung. The County has already granted permits for wind, solar, and electrical
subsation projects on this property - no major hurdles are anticipated. All of the
necessary local agencies have been engaged to provide comment and feedback on the
proposed projecl. Building permits will be oblaind prior to construction. There are
cunently no anticipated schedule impacts to the Q4 2019 COD ducto permitting.
Section l(aXix) requests a demonstration of the ability of the facility to obtain QF
status. The attached FERC Fomt 556 satisfies this requirement.
Section l(aXx) requests a description of the fuel types and sources. The direct
source of energy provided to Idaho Power will be the eleotro-chemical reaction created in
the battery storage system. The battety storago system does not cotrume fuel. It will,
howcver, be energized by renewable energy sources such as solar, wind, biomass and the
Iike. The initial plan is to utilize the ample solar resource at the site to fully eneryize the
battery storage system, although additional renewable energy sources will be considered
and installed as necessary in the future.
Franklin Energy Storage Three, LLC
Schedulc 73 Contracting Procodures Checklist
Page2
case l-:18-cv-00236-REB Documenr 7-4 Filed 07/03/18 page 4 ot 29
Section l(a)(xi) is currently inapplicable as Franklin Tfuee has no plans to obtain
fi.rel or arangc fuel transportation for the facility at this time. Should the battery system
be energized with a renewable bio-fuel st some point in the future, then the project will
provide Idaho Power with all the necessary fuel and transportation agreements at that
time.
Section l(aXxii) is also inapplicable as the facility witl be directly connected to
Idaho Power's electrical system.
Section l(a)(xiii) requests information as to the interconnection status of the
facility. The interconnection request is pending.
Section l(aXxiv) requ€sts the proposed conhacting term and rate option. As
indicated on the enclosed Application, Franklin Thrce is requesting a twenty year
contract term and the published'T.Ion-Levelized Non-Fueled Rates."
Within the nort ten business days and pursuant to Section l(b) please provide
your written notice ofany deficiencies in this requcst or, ifthere are no deficiencies,
pursuant to Section I (c) please provide [daho Power's indicative pricing proposal.
Very tnrly yours,
J Counsel for
Franklin Energy Storage Three, LLC
Cc: Donovan Walker
Idaho Power Company
l22l West Idalro Street
Boise, Idaho 83702
Franklin Energy Storage Thrpe, LLC
Schedule 73 ConEacting Procedures Checklist
Page 3
/4,J*--..--
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page s of 29
ldaho Power Company
|.P.U.C. No. 29. Tariff No. 101 O-dginalSheet No. 73-9
scHEauE-73
CoGENERAT|ON AND $t ArL POWER PFODUCTTON SCHEpULE - tpAHO
(Continued)
qu. ALr FYr NG FAC! LITY ENERGY MLES AGREEMENT APPLTCATTON
ldaho Power Qualifying Faoility (QF) contact information:
Mailing Address:
Physical Address:
Telephone number:
E-MailAddress:
IDAHO
lssued per Or&r No. 33197
Effedive - January 1,2015
Attn: Energy Contracts, P O Box 70 Boise, lD 83702
1221W.ldaho Street, Boise, lD 83703
208-388-6070
[e-mail]
Preamble and lnstructions
All generation facilities that qualify pursuant to ldaho Power Company Schedule 73 for a QF
Energy Sales Agreement and wlch to sell energy from thElrfacility to ldaho Power must
complete the following information and submit this Application by hand delivery, mail or E.mail
to ldaho Power.
Upon receipt of a complete Application, ldaho Power shall process this request for a QF Energy
Sales Agreement pursuant lo ldaho Power Company Schedule 73.
Qualifying Facility lnformatlon
Prooosed Proie*
Name of Facility:Franklln Ene:erv Sforeaa
Resource Type: (r.e. wid, solar, hydro, elc): Battarv Storaoe
Facility Location: GPS Coordlnates: W t14.6ll42.208
Nearest City or landmark:Jackoot Nevada
Name of Facility:Ennklin Enerqy Storaqs One
County and State Twln Falls CountY. ldaho
Map o{ Facility, including proposed interconnection point. (See Attached.t
Anticipated commencement date of energy deliveries to ldaho Power: Octrober
r.2019
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, R€gulatory Affairs
1221 West ldaho Street, Boise, ldaho
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/1g page 6 of 29
ldaho Power Company
|.P.U.C. No. 29,,,Tariff No..101 _ Origlnal Sheet No. 73-,9
scHEpuLE 73
COGENERATION ANO SlvlALL POWER PBODUCTION SCHEPULE - IDAHO
qu.ALlFilNG rAOLrTy ENERGV SALES AGREEMENT APPUCATTON
(Continued)
Facility Nameplate Capacity Rating (kW):32.000
Facility Maximum Output Gapacity (kW):32.000
Station Service Requirements (kW):7.000
Facility Net Delivery to ldaho Power (kW):25.000
Facility intercon n ection status:Pendlno
Proposed Contracting Term (cannot exceed 20 years): 20 yoars
Requested Rata Option (detalls provided in Schedule 73): Rate Ootlon l{o.4.
"Non-l-avelized Non-Fusled Ratsg"
Does the Facility have the abilily to respond to dispatch orders from ldaho Power
Gompany (Yes or No): Ygt__
Please include the following attachments:
{ Hourly estimated energy deliveries (kW) to ldaho Porer for every hour of a one year period
Attachod.
{ List of acquired and outstanding Qualiffing Facility permits, including a description of the
status and timelinE for acguisition of any permlts.
rAt the minimum a FERC issued QF certificate/self-certification is required andlor
evidence that Facility will be able to obtain a Qualifying Facility certificate.
FERC Fom 550 b aileched.
IDAHO lssued by IDAHO POWER COMPANY
lssued per Order No. 33197 Gregory W. Said, Vie Preeident, Reguldory Afialrs
Efective - January 1,2A15 1221 West ldaho Street, Boise, ldaho
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/l-g page 7 at 29
{ lf the FaciliU will require fuel be transported to the Facility (i.e. natural gas pipelines, railroad
transportation, etc), evHence of ability to obtain sufficient transportation rights to operate the
Facillty at the stated Maximum OutputAmount.ur' ff the Facillty will not be interconnecting directly to the ldaho Power elec'trical systern,
evidence that the Facility will be able to interconnect to another utility's electrical system and
evidence that the Facility will be able lo obtain firm transmission rights over all required
transmiEslon providers to deliver the Facility's energy to ldaho Power.M
Owner lnfomation
Owner /Name:
Contact Person:
Address:
City: State: Zip:
Telephone:
E-mail:
Appllcant
I hereby
Faclllty Eneqy
lsl
thst, to the bes{ of my knowledge, all information provided in this Qualifying
$ales Agreement appllcatlon is true and correct.
Signature
RobertA Paul
Print Name
IDAHO
lssued per Order No, 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Grcgory W Said, Vice President, Regulatory Afaks
1221 West ldaho Shaet, Boise, ldaho
case 1:1-8-cv-00236-REB Document 7-4 Filed 07/03/l-g page g of 29
- Rogerson, Idaho hrd 9t$lhnn Hl6h[ri,
mlfus
4Sr-+'L{4{l!rjr.!r!IrrJ ^orG Ff${ Sals t dJEl recsAl,&U Za&S. rrFlslturd ftffid,in
{As Ih,
Energy Storage One LLC
Sttl ll0l
t ranklln Enetgy Skxage Two [,1.(1 rrh di!FrlnMUilJiltrm
--Franklin Energy Storagc Threc LLC
Franklin Energy Storagt Fout LLC
Jackpot Solar Substation
FNANKIIN ENERGV OTORAGE
*"4'
F[VEI.OIICR INIORMATIONiiL'Elm-]r6f---
AltoEtiv! PoE!. De!€ktn{nr,
Nonhrv$|, l.lfilsN 27lhSt. 0rarc lDrro2
DIVELOPMINT
fi -r-r
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Nfldh I
I
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.:
Case L:18-cv-00236-REB Document 7-4 Filed 07/03/18 Page 9 of 29
Franklin Encrgy Storage Three, LLC
515 N.27rh Street
Boise,Idaho 83702
(208) 938-7e01
peter@ri chardsonadams. com
January 26,2017
Attn: Energy Contracts
ldaho Power Cornpany
PO Box 70
l22l West Idaho Sheet
Boise, Idaho 83702
ra I lnh i n&)idahooowcr. com
Re: Notice of Self-Certification Franklin Energy Storage Three, LLC
Dear Mr. Allphin:
Pusuant to I 8 C.F.R. i 292.2A7@)(ii) you are hereby provided a copy of the Notice of Self
Certification filed with the Federal Energy Regulatory Commission by Franklin Energy Storage
Three, LLC.
Please feel free to give me a call if you have any questions.
yours;
Attomey for Franklin Encrgy Three, LLC
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page to of 29
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMBControl# 1902-0075
Explration a6llo/2019
FOf m 55 6 F,ilffl,::i:|:;::l?;:fj;;1'.'l',J1"
statusrora smarr Power
General
Querilons about completlng thk fotrn rhould be sent to fprmSl*6g1|elgggt lnfomation abort the CommlsslonS Qt
prollraflr, arxm€nto fiequentlyasted quertlom aboutQF requlremenBorcompleffngthbfom, end conta*lnformrtion for
QF prognm stafiare amlhble at the Commlsslonk QF webslte, wuat te$ggylff. The Commlsslon's QF website drc
provldei llnk to the Commlsslont QF regulatlons (18 CF.R.5 131.80 and Part 292), rs well ai other statutes and orders
pertaining to the Commlssion's QF program.
Who Must File
Any appllcant reeklng QF statur or recenmca$on of QF statusfora generatlng facllllywlth a net power production opaclty
(as determlned In llnes 7a through 7E below) greaterthan 1000 kW mustlllEa self<etlffcatlon or an appltcation for
Cormlsslon certm(a$on of QF status, whlch includes a properly completed Forrn 556. Any appllcant seeklng QF status for a
generatlng faclllty wlth a net power production capacity 1000 ldil or less ls exempt fiom the certlfcathn requlrement, lnd ls
therefore not regulred to complete or fite a Form 556. See 18 C.F.R. 5 292.203.
How to Complete the Form 556
Thls form ls lntended to be comfleted by rerpondlng to the ltems ln the oder they are prcs€nted, accordlng to the
lnrtructions glve[ tf you need to back trac( you may need to dear certaln respon:es before you wlll he allowed tio change
otherresponsesmadepevloudylnthcfonn lfyoucxperlencepro,blemrdlckonthenearesthalpbutton{S ) for
asistaocg or conhct Commisslon staff at Formt56@JerLqov.,
Cerhin llner ln thlsform wlll be automatlcally calculated based on ruspons€5 to previous line$ with the relevant formulas
shown. YoumustrerpondtoaltoftheprevlousllneswilfilnaseclonMoretheresuhsofanautomaticallycakuhtedfield
will bedlsplayed. lftroudlsagreewtththe resrltsofanyautomatk{akul.tlononthisfonqtontactCommliConstaffat
[grTlf,6axferc,gov to dlscuss ttle dlscrepancy before fl llng.
You must tomphb all lines in this form urders lnstructed otherwlse. Oo not aher thls fiorm or rave this form in a different
furmat lncomplcte or altered forms, or forml saved ln formats other than PDf, wlll be reJeded.
How to File a Completed Form 556
Appltcants are requlred to file thelr Form 556 Cectronkally tkough the Commlslon'r eFlling webstte (see lnrtructlons on
page 2), 8y fillng electronkally, you wlll rcduce your llllng burden save paper rtsoulcca, save po$age ot (ourler charges,
help keep Commlslon expenser to E mlnlmum, ard recglrre a much hster conflrmatton (vla rn emall contalnlng the docket
number aslgned to your ftdllty| that ttre Commlsslon has recelved your flllng,
lf you are simultaneously filing both a wriver request and a Form 556 as part of an appllcatlon for Commlssion certification,
see the 'Walver Requests" sectlon on page 3 fur more lnformatlon on how to file.
Paperwork Reduction Act Notice
thls form lr approted by the Office of Management and Budget Conplhnce wlth the Informatlon regufemeflts eshbllshed
by the FERC Form No. 556 ls rcqulred to obtaln ot malnbln status ar a QF. See 18 CF,R. g 1 3 t 80 and Pail 291 An rgency may
not cordud or sponror, and a person ls mt requlred to respord io, a collectlon of lnformation unicss lt dlspbp a onently
vdid OMB mntrol number. The erdmated burden br sompleting the FERC Form t,lo. 556, lncludlng grthedng ard reporUng
lnhrmadon, b rs liClows 3 houn br selFcertiffcation of r small power pmducUon hclllty, 8 hours for self<ertifications of a
cogencration faclllty, 6 hours for an applkatlcn for Commlsslon cerdfiadon of a smell powet productlon hd[ry, and 50 hours
foranapflkatlan 6rCommlsloncerdfkatlon of r cogenentlon facillty,Serdcommentr regardi.g thk butden estlmate or
rny aspect of thlr colhction of lnformetbn lncludlng suggestions for reduclng thlr bud€n, to the followlrg: lnfurmation
Cleannce Orfter, Office sf the Executly€ Dlregtor (@'32), Federal Energy Regulatory Commlsslon, 888 Flrst Street N.E,
Wxhlngton, DC 20426 (Qata(lqaraog€oferc.oovl rnd Deckfficer for FERC Ofrce of lnformation and Regulatory Affalrs,
Ofrce ol lvlanegnnrent and Budgel Wastrlngton, DC 20503 to-ira-r-!O!:l.tJ5!.o!gaqrb.e!p-€qy). lnclude the Control No.
I 9024075 ln any correspondence.
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page Ll ol 29
FERC form 556 Page 2 - lnstructions
Electronic Filing (eFiling)
To electronically file your Fom 556, vlsit the Commlsslon's QF website at wwwjercgov./Qf and cllckthe eFlling link.
lf you are eFillng purflrst documenL you wlll need to reglster wlth your name, emall address, malllng address, and phone
number. lf you are reglstering on behalf of an employer, then you wlll also need to provide the employer name, altetnate
contact name, alternate contact phone numbel and and alternate contact email.
Once you are reglstered, log ln to eFiling with your reglstered emall address and lhe password that you created at
registration. Follow the lnstructions. When prompted, select one of the followlng QF-related fillng typcs, as appropdate,
from the Electric or General fitlng category,
Flling category Flling Type as listed in eFlllng Dercrlption
Electrlc
(Fee) Appllcation for Commission Cert. as Cogeneration QF
Use to submlt an apfllcrtion for
Commission certlflcatlon or
Commlsslon recertlfi<ation of a
coEeneration facllity as a QF.
(Fee) Applicatlon forCommlsslon CetL as Small PowerQF
Use to submlt an appllcatlon for
Commlssion certlflcatlon or
Commisslon recertiflcation of a
small power prcduction faclllty as a
QF.
SelFCertlflcatlon Notlce (QF, EG, FC)
Use tosubmlt a notke Of self-
ceiliflcatlon of your faclllty
(cogeneration or small power
productlon) as a QF,
Self-Becertiflcation of Qualifrlng Facility (QF)
Use to submit a notlce of selF
recertifi cation of your faclllty
(cogeneratlon or small power
productlonl as a QF.
Supplemental lnformation or Request
U5e to correct or supplement a
Form 556 that was submttted wlth
errors or omlsslons, or for whlch
Commlsslon staff has requested
additlonal informatlon. Do not use
this flling type to report new
changes to a facllity or its
ownership; rather, use a self-
r€certiflcatlon or Com mlssion
lecertlflcatlon to report such
(hang€r,
General (Fee) Petltion for Declaratory Order (not under FPA Part I )
Use to submit a petitlon for
dedaratory order grantlng a walver
of Commisslon QF tegulationr
pursuant to l8 C.F.8. 55 292.204(a)
(3) and/or 292.205(c). A Form 556ls
not requlted for a petition for
declaratory order unless
Commission recertification ls belng
requerted as part ofthe petitlon.
You wlll be prompted to submlt your flling fee, if appllcable, durlng the electronlc submlssion process. Flllng fees can be pald
vla electronlc bank account debit or credlt card,
Durlng the eFlling process, you wlll be prompted to select your flle(s) for upload from your computer.
case 1:19-cv-00236-REB Document 7-4 Fired 07103/18 page L2 at 29
FEBC Form 556 Page 3 - lnstructions
Filing Fee
No filing fee is requlred if you are submittlng a self-certlfication or self-recertlflcatlon of your facllity as a QF pursuant to I8
C.F.R.5 292.207(al.
A flling fee Is required lf you are flling elther of the following:
(l ) an appllcatlon for Commisslcn c€rtlf,cation or receftlflcation of your hcllls as a QF putsuanl to t I C.F.R. S 292,2071bl, or
(2) a petltlon for declaratory order grantlng walver pursuant to I 8 C,F.R. 55 292.204(aX3) andlor 292.205(c).
The current fees forappllcathns for Comrnlsslon cenifkatloru and petltlons for declaratory ordet can be found by vlsiting the
Commisslon! QF website at wwy{.fqfc.gov/OF and cllcking the Fee Schedule link
You wlll be prompted to submit your flling fee, if applicable, during the electronic filing process described on page 2,
Required Notice to Utilities and State Regulatory Authorities
Pur3ulotto l8 C-F.R g 292,207(aXll), you murt provlde a copy of yow self<ertificatlon or requesl for Csmmission certlfication
to the utllities wlth whlch the fadlity wlll lnterconnect and/or trin$ct, a$ well as to the State regulatory authorlties of the
ttater ln whlch your faclllty and thore utllilles reslde. Linls to informatlon about the regulalory authoritles ln varlous states
can be found by vlslting the Commlsslonl QF webslte at www.felc.gov/QF and clkklng the Notlce Requlrements llnlc
Whatto Expect From the Commission After You File
An appllcant fillng a Fom 556 electronlcally wlll recehe an emall mesnge acknowledging recelpt of the f$ing and showlng
the docket number asslgned to the flltng. Such emall ls typlcally sent wtthln one budnes day, but may be delayed pending
conflrmatlon by the Secretary of the Commhtlon of the contenB of the flllng.
An appllcantsubmmlng a self-certlffcatlon of QF statusshouldexpectto,ecelve no documentsfrom the Commlsslon, other
than the elcctronlc acknowledgement of reclpt descrlbed above. Conrlstent wlth lts name, a self-certlficatlon ls a
certlflcatlon 0y theopplicontltterf that the facllny me€B the relevant tequlremerts for QF status, and does not lnvolne a
determlnatlon by the Commission as to th6 status of the faclllty. An acknowledgement of re(elpt of a self<ertlffcatlon ln
partlcular. does not represent r delermlnatlon by the Commlslon wlth regad to the QF status of the fadllty. An appll6ant
self<ertlfolng may, hovrever, recelve a r€rectlor1 revocatlon or deflclency letter lf lts applkatlon ls foun4 durlng perlodlc
compllance revlewr, not to comply with the relevant regullements.
An appllcaot submlttlng a request for Commir$on certiftcatlon wlll recelve an order elther granting or denying cenlllcatlon of
QF ititus, or a letter requestlng addltional information or reJecting the appticatlon. PuBuant to 18 C.F.R. 5 292.207(bl(3), the
CommBslon rnurtacton an appllcatlon forCommisrion cerlllkatlon wfthin 90days of the laterof the filing date of the
applicatlon or the llllng date of a supplemenl, amendment orother change to the appllcation.
Waiver Requests
I8 C.f.R.5 292.204(al(l) allowsan applkanttorequesta walver tomodl0the method of calculation purruant to 18 C.F.R,5
292.204(aX2) to determine lf two facllities are conridercd to be located at the sune slte, for good cause. l8 C.F.R. I 292.205(c)
allows an appllcant to requ*t walverolthe rcqutrementrof l8CFn.5$ 292205(a) and (b) for opentlng and efficleflcy upon
a showlng that the faclllty wtll produce slgnlftcant €nergy ravlngs. A request for walwr of these regulrernenti must be
submltted as a pe tltlon for declaratory order. wlth the spproprlate flllng fe€ hr a petltlon fur declaratory order. Appllcants
requestlng Comml$lon ncettillcatlonarprrtof a regtrertfor wafuerof one of these requlrements shorld ehctrontcally
subrnlt thelt (ompleted Fom 556 along wlth theh pelltloil ford€claretory order, ratherthan flllng thelr Form 556 as a
teparate reque$ for Commlcslon recertlficttlon. Only the flllng foe for the petlthn for dedaratory order must be pald to
covet both the walver request and the requert for recertmcatlon il such nquests are mqde simultoneously.
l8 C.F.R. 5 292.203CI(t) allows an applicant to request a walver of the Fom 556 illlng requkementq for good cause.
Applicants frllng a petitlon fordeclaratoryorder requesting a uralver under 18 C,F3.5 292:0r(dX2) do not need to complete
or sub'rnit a Form 556 wlth theh petition.
case 1:18-cv-00236-REB Document 7-4 Fired 07/03/18 page 13 of 29
FERC Form 556 Page 4 - lnstructlons
Geographic Coordinates
lf a st cet addrers doer not exist bryourfaclllty, then llne 3c of the form 556 requires you to report your facilityl geographic
coordlnates tlrtitude and loagltude). Geographlc coordlnates may be obtalned from several dlfrerent sources. You cen llnd
llnks to onllne servlces that $ow latltude rnd longltud€ coordinates on onllne maps by vlsltlng the Commlsrlon's QF
webpage at wtyu.[ers.goy/-Q[ and cllcklng the Geogmphk Coordlnates llnlq You may also be able to obtaln your geographlc
coordloetes lrom a GPS devlce Google Earth (rvellable free fit hup./,/.enrth.Sp.AgleCaj-0, o propefly rurvey, varlous
engineerlng or constructlon drawings, a propertydeed, or a munlclpal or county map strowlnE property llnes.
Filing Privileged Data or Critical Energy lnfrastructure lnformation in a Form 556
The Commission's regulatlons provlde procedurer for appllcant5 to elther (l) .eguelt that any lnformatlon subinltted wlth a
Form 556 be glven prlvlleged treatment because the lnfurmatlon Is exempt from the rnandatory publlt dlsclosure
requlrements of the Freedom of lnfoffiatlon Act s U.S.C. S 55?. and should be wlthheld from prblic dlsclosre; or (21 ldentlfy
any documents containlng crltlcalenergy lafrastructure lnformatlon (CEll) as deftned ln 18 C.f.R.9 388.1 t3 that should not be
made publlc.
lf you are xeking privlleged treatmenl orcEll status for any data in your Form 556, then you must follow the procedures in l8
C.F.R. 5:188.112. See wyuul,(grcgpy/hslpfilirtg,:g{*/tile*ei{.asEfot more lnfurmation.
Among other thlngs (see I I C.F.fr. ! 38& I I 2 for other requlremen$, rppllcants seeklng prlvlleg€d treatment or CEI ctatur for
data submitted ln a Fonn 556 murt prepare and llle both (l I a complete verlon of the Form 556 (contalning the prlvlleged
and/or CEll datal, and (U a publlc ver*lon of the Fotm 556 twlth the ptlvlleged and/or CEll data redacted). Appllcants
preparlng and flllng these dlfferent verslons of thelr Form 556 must lndkate bclow the recurlty dedgmtlon of thb verslon of
thelrdocumeni. lfyouarenot*eklngprlvllegedtreatmentorC$l rtatusforanyofyourForm536datathenyou*ouldnot
respond to any of the ltems on this page,
Non-Publicr Applicant ls seeking prlvileged treatment and/or CEll status for data contained ln the Form 556 llnes
I lndlcated below. This non-public verslon of the appllcant! Form 556 contains all data, lncludlng the data that is redacted
ln the (separatG) publlc version of the applicant's Fom 556.
Publlc (rrdrctrd[ Appltcant is seeking pdvlleged treatment and/or CEll status for data contalned ln the Form 556 llnes
I lndlcated below. Thls publlc verslon of the appllcants's Form 556 contains all data excefi for data ftom the llnes
indicated below. which has been redacted.
Prlvllcgcd: lndicate below whlch lines of your form contaln data forwhlch you are seeklng prlvlleged treatment
Crltlcal Energy lnfrmtructure lnformetior (CElll: lndlcate below which llnes of your lorm contain data for whlch you are
seeklng CEll status
The eFillng procesr descrlbed on page 2 wlll allow you to identlfu whlch verslonc of the electronic documenr you submlt are
public, prlvlleged and/or CEll. The fllenamer for such documents should begln wlth 'Publlc", 'Prnf, or 'CEll', as rppllcable to
clearly lndlcale the securlty deslgnatlon of the ftb. Both versions of the Form 556 should be unaltered PDF copies of the Fom
556 ar avallable for download from !v-ur-ru-fgrr.ge"vJ0F. To redact data ftom the public copy of the submfttal. dmply omlt the
relevant data from the Form. For numerlcal llelds, lerve the edected flelds blank" For text ffelds, complete ar murtr of the
fleld as posslble, and replace the redacted pottlons of the ffeld wlth lhe word'REDACIED'ln brackets. Be sure to Hentlfu
above dl ftelds whlch contaln data for whlch you are reeking norr'publk status.
The Commlslon 13 not respoflslble for detettlng or conectlrrg fller enon, i,ncluding those errors related to $curlty
designatlon. lf your documenB contaln seniltlv€ lnfomatlon, make sure they are fled uslng lhe proper securtty desl$atlon.
case 1:18-cv-00236-REB Document 7-4 Fired 07/03/18 page 14 at 29
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMBcontrol # r902t075
Expiratlon 0613Ot2019
Fo rm 5 5 6 5fl:[i,Hi:lH:l?;fffll[il,f0'' status ror a smarr Power
t,
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a
r Full name of applicant (legal entlty on whose behalf quallfuing facility status ls sought forthir faclllty)
Franklj.n Energy Storage three, LLC
lb Applicant street address
515 N. 27lh Street
lc Clty
Bol se
ld State/province
ID
tgTelephone number
[phone]
lc Postal code
83702
ll Country (if not United States)
th Has the lnstant facility ever prevlously been certlfled as a QF? Yes fi No i- i
1l lfyes,providethedocketnumberofthelastknownQFfllingpertalnlngtothlsfaclllty: QF1? '582 - 000
lj Underwhich certiffcation process is the applicant making thls filing?
-,' Notice of self<ertiflcatlon ,- Application for Commlsslon certification (requires flllngE (see note below) u fee; see 'Filing Fee" sectlon on page 3)
Note: a notice of self<ertiflcation is a notice by the applicant itsef that its faclllty complies wlth the requirements for
QF status. A notice of self-ceni{lcatlon does not establlsh a proceedlng, and the Commisslon does not review a
notlce of self-certiflcatlon to verlfi compllance. See the "What to Expect From the Commisslon After You Flle"
section on page 3 for more informatlon,
tk Whattype(slofQFstatusistheapplicantseeklngforitsfaclllty?(checkallthatapply)
fi Qualifiing small power productlon facility status I Qualifling rogeneratlon hcillty status
t I What is the purpose and expected effectlve date(s) of this flling?
i -. Original certiflcatlon; facllity expected to be installed by and to begin operation on
t i Change(s) to a prevlously certified facility to be effective on
(ldentlff type(s) ofchange(s! beloq and describe change(s) in the Miscellaneous section starting on page 19)
: i Name change and/or other admlnlstratlve change(s)
i- Change in ownershlp
L - Change(s) affecting plant equlpment, fuel use, power production capacity and/or cogeneralion thermal output
'S Supplement orconectbn to a previous flllng subrnlttedon L/26/17
(dercrlbe the supplement or correction ln the Miscellaneoui section starting on page 19)
co
fit
E
ec
co
o,y
o.o-
lm lfanyofthefollowingthre€statements15true,checkthebox(eslthatdescrib€yoursltuationandcomf,etethe
to the extent porslble exphinlng any speclal circumstances in the Miscellaneous section starting on page 19.
The instant facillty complies with the Commlsslonl QF requirements by vlrtue of a waiver of certain regulatlons
prevlously granted by the Commlsslon ln an order dated (specifo any other relevant waiver
orders in the Miscellaneous section starting on page 19)
The instant facility would comply wlth the Commirsionb QF requlrements if a petition br waiversubmitted
concurrently with this applicatlon ls granted
The instant facility complies with the Commission's regulationt but has special circumstances, such as the
technologies not contemplated bythe structure of this form, that make
thlr form difficuh or lmposslble (descrlbe ln Mlsc. section stafting on p. 19)
I employment of unlque or lnnovatlve
the demonstratlon of compliance via
D
D
FERC Form 556
case 1:18-cv-00236-REB Document 7-4 Filed 07i03/1g page LS of 29
Page 6-All Facilities
0
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.9
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2e Nameof contact person
Peter Richardson
I Whlch of the followlng desoibes the contact p€rson's relatlonship to the appllcant? (check one)
fl Applicant (self) ff Employee, owner or partner of applicant authorlzed to represent the appllcant
f] Employee of a company afflllated wlth the appllcant authorlzed to represent the applicant on this matter
E Lawyer, consultanL or other representatlve authorized to represent the appllcant on thls matter
2d Company or organizatlon narne (lf appllcant ls an lndlvldual check here and sklp to llne 2e) | -l
Eranklin Energy Storage Three, LLC
2e Slreet acldress (if same as Applicant, check here and skip to line 3a)[l
2f Ciiy 29 State/province
2h Postal code Country (if not Unlted States)
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lr Facillly name
Eranklin Energy Storage Three
3b Strcetaddress(ifastreetaddressdoesnotexistforthefacility,checkhereandskiptoline3c)ffi
3c 6eographlccoordlnatesl lfyoulndlcatedthatnostrestsddressexlstrhrputfarilltybychecklngtheboxlntlne3b,
then you must spedff the latltude and lottgltude coordlnates of the fadllty h degte$ {to three declmal places). Use
the followlng formula to convert to declmal degner ftom degrees, mlnutet and secondu declmal degraes =
degreer + (mlnut€s/60) + (seconds/J600), 5ee the'GeoEaphlc Coordinates'sectlon on page 4 for help. lf you
provlded a skeet addrers for your fadllty tn llne 3h fhen rpecifylng the geographlc coordlnates below ls optional.
LatltudeLonsrtude f;| ffi:[] 11rr.503 desrees Ei:IXl;, 42're2 dssvgs5
3d Clty (lf unincorporated, check here and entel nearest clty) I
Jackpot
tc State/province
Nevada
3f County (or check here for independent city) ;];
Twin Ealls
39 Country (if notUnlted state5)
tt
.9,
3
Olc
(J
G'UItrIE
ldentlfy the electdc utlllues that are contemplated to transact wlth the faclllty.
tL ldentify utillty lnterconnecting wlth the facallty
Idaho Power Company
4b ldentify utilities providing wheeling service or check here rf norle [t
4c ldentif utllities purchasing the useful electrlc power output or check here lf none
Idaho Power Company
4d ldentify utllitler proyiding supplernentary power, backup power, malntenance povrrer, and/or interruptible por,rrer
service or check lrere rf none [!
l2b telephone number
I rrou e3B-?eo1
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page L6 of 29
FERC Form 556 7 - All Facllities
1)
z)
3)
4)
5)
6)
tl
8)
e)
r0)
5a Directownershipasofeffectivedateoroperatlondate: ldentlfyall dlrectownersof thefacilityholdingatleastl0
percent equlty lnterest. For each ldentlfied owner, also (1) lndicate whether that owner ls an electrlc utlllty, as
defined tn se(tion 3t22) of the Federal Power Act (16 U.S,C.796(22)), or a holding company, as defined ln sectlon
i 262(8) of the Publlc Utllity Holding Company Act of 2005 (42 US.C, 16451(8)), and (2)for owners whlch are electrlc
utllities or holding companies, provlde the percentage of equlty lnterest In the facllity held by that owner. lf no
direct owner hold at least 10 percent equlty interest In the facility,then provide the tequiled lnformatlon for the
two dlrect owners with the largest equity lnterest ln the faclllty.
Electrlc utlllty or lf Yes,
! Check here and continue in the Mlscellaneous rectlon startlng on page 19 lfadditional space is needed
$
t
t
Full
Peter J. Richardson
Yes fl No fl _t
names of direct owners
Yesfl No [t
YesfJ No I
Yes I No []
Yes[ No I
Yesfl No I
YesfJ No I
YesE No E
Yesil No fl
YesE No D
t
t
t
ft
t
holding % equlty
_ comprny intere{
5b Upstream (i.e., indinct) ownershlp as of effective date or operation date; ldentifo all upstream (i.e., indirect) owners
ofthe facility that both (1) hold al least l0 percent equity lnterest ln the faclllty, and (2) are electric utilities, as
defined ln section 3(22) of the Federal Power Act {16 U.S.C.796(22)}, or holding companies, a: deflned in sectlon
'1262(8)ofthePublicUtilityHoldingCompanyActof2005(42U.S.c. 16451(8)). Al:oprovldethepercentageof
equity lnterest ln the facility held by such owners. (Note that, because upstream owners may be subsidiarles of one
another, total percent equlty interest reported may exceed 100 percent.)
Check here if no such upstream owners exirt. [l
Full leqal names of electrlc utllity or holding company upstream owners
l)
2t
3)
4l
5)
6)
7t
8)
e)
t0)
Check here and contlnue ln the Miscellaneous section starting on page 19 ffaddltional space ls needed
c
s
G
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t
5
%equlty
lnt€rest
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utr
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5c ldentlffthe facllity operator
Franklin Energy Storage Three, LLC
(,
FERC Form 556
Case 1:18-cv-00236-REB Document 7-4 Filed 07/03/L8 Page t7 of 29
8 - All Faclllties
Describe the prirnary energy lnput (check one main category and, if apy'icable, one subcategory)
f] Biomass (specify) ffi Renewable resourc€s (specify)
I Landflll gas I Hydropower-river
I Manuredlgestergas I Hydropower-tidal
E Munlclpal sdid waste E Hydro power-wave
I Sewagedigestergas I Solar-photovoltaic
E Wood I Solar-thermal
E Otherbiomass (descrlbeon page 19) D Wind
fl waste (specifotype below in line6b) I ffirffi:H'#;::';**
n Geothemal
I Fossil fuel (specify)
E Coal (not waste)
I Fuel oll/dlesel
E Natulal gas (not waste)
- other fossll fuelU (describeonpagelg)
[] Other (describe on page 1 9]
6b lfyouspeclfled"waste"astheprlmaryenergylnputlnline6aindicatethetypeofwastefuel used:(checkone)
! Waste fuel listed in l8 C.F.R. 5 292.202tb1(specify one of the followlngl
I Anthraciteculm produced priortoJuly23, 1985
., Anthraclte refuse that has an avelage heat content oF6,000 Btu or less per pound and has an averageu ash contentof45 percent or more
Eltuminous coal refuse that has an avenge heat content of 9,500 Btu per pound or less and has an
average ash content of25 peraefit or mor€
Top or bottom subbltuminous coal produced on Federal lands or on lndian lands that has been
,- determlned to be waste by the Unlted States Department of the lnterlo,'3 Eurcau of Land Managementu (BLfi,t) or that is tocated on nonfederal or non-lndian lands outside of BL"il's jurisdlction, provlded that
the applicant shows thatthe latter coal ls an extension ofthat determined by BLM to be waste
Coal refuse produced on Federal lands or on lndian lands that has been determined to be waste by the
E BLM or that ir located on nor Federal or non-lndian lands outslde of BLM'S Jurlsdlctlon, provided that
appllcant shows that the latter ls an extenslon of that detemined by BLM to be waste
- Llgnite produced ln assoclatlon with the production of montan wax and lignlte that becornes exposedu as a result of such a mlning operation
fl Gaseous fuels (except natural gas and synthetic gas from coal) (describe on page 19)
Waste natural gas from gas or oll wells (desctib€ on page 19 how the gas me€ts the requirements of l8
tr C.F.R.5 2.400 for waste naturalgas; include with yotrrflling any materials necessaryto demonstrate
compliance with t 8 C.F.R. 5 2.400)
D Materials that a government agency has certlfied fordisposal bycombustion (descrlbe on page 19)
f) Heat from exothermic reactions (desslbe on page l9) [ Resldual heat (descrlbe on page 19)
p Usedrubbertlres E Plasticmaterials I Reflneryoff-gas f] Petroleumcoke
Other waste energy lnput that has llttle or no commerclal value and exlsts in the absence of the quallSlng
fl faclllty industry (descrlbe ln the Miscellaneous sectlon starting on page l9; lnclude a dlscusslon of the fuel's
r
lack of commercial value and exlstence ln the absence of the facllity industry)
9as o Btu/h 0 0/6
o Btu/h 0%
O Btu/h 09t
fo-E
EN
oCru
6c Provide the average energy input, calculated on a calendar year baris, in terms of Btu/h fff the following fossll fuel
energy inputs, and provide the related percentage ofthe total average annual energy input to the facillty (lE C.F.R. S
292.202(J)). For any oil or natural gas fuel, use lower heatlng value (18 C.F,R. 5 297.202(mll,
Annual average energy Percentage of total
Fuel fuel annual
case 1:1-8-cv-00236-REB Document 7-4 Filed 07/03/18 page tg of 29
FERC Form 556 Page 9 - All Facilitles
o
lndicate the maximum grosr and maximum net electric power production capacity of the facillty at the point(s) of
by completlng the worksheet below. Respond to all iterns. lf any of the parasltic loads and/or losses ldentlfied ln
7b through 7e are negliglble, enter zero for those lines.
7a The maxlmum gross power production capaclty at the temlnah of the
under the most hvorable antlclpated design condltions
lndivldual generato(s)
7b Parasltlc statlon power u:ed at the facllity to run equipment whlch h necessary and lntegral to
the power production process {boiler feed pumps, fans/blowers, office or maintenance buildings
related to the operation of the power gen€rating facllity, etc.). lf thh facllity lncludes non-
power productlon procesres (for lnstance, powerconsumed by a cogeneration facility's thermal
host) , do not lnclude any power consumed by the non-power productlon actlvlties in your
reported parasitic rtation power.10
434
7c Electrlcal lossei ln interconnection transformers
920
7d Electrical losses in AC/DCconversion equipment if any
7e Other lnterconnection losses in power lines or facilltles (other than transformers and AC/DC
conversion equlprnent) between the terminals ofthe generator(s) and the polnt oflnterconnection
636c
7f Total deductions from gross power production capacity =7b +7c +7d +7e
'?, 00c .0
79 Maximurn net power productlon capaclty =7a-ll
co
(t
C
o
.E
=UoII
fvc
utUt-
7h DesoFtlon of hclllty and prlmrry componentsl Desctlbe the faclllty rnd lts operatlon. ldentlt all boller, heat
rEcovery steam generatoI$ prlme mo,ren (any mechantcal equlpment drlvlng an eleclrlc geneotor), electrlcal
g€nerato6 photovottalc solar equlpmeng fu€l cell equlpment and/or other Frlmary poryet genefidon equlpment
used ln the faclllg. Descrlptions of componen$ should lndude (as applloble) speclffcrtlons ofthe nonrlnal
capaclUer fur mechankal output electrlcal output or steam gsnantlon of the ldcntlfled equlpment. For each piece
of equlpmentldentlfl€d, cleady lndlcate how many piecer of that typ€of equlpmem are lncluded lnthe plani and
whlch components are rormally opehtlng or normally ln standby mode. Pror4de a descrlption of how the
component$ op€rale as a system. Appllcants br cogenentlon fad$tier do not need to descdbe op€rauons of
systemr that are clearly deplcted on and ea:lly understandable from s cogeneftttion facllt/s attadred masr and
heat balance di.gram; however, such applkants should provlde any necesrary descriptlon ne€dd to underitand
the sequentlal operatton of the fadllty depiAed ln thelr mass and treat bahnce dlagnm, lf addltlonal space ls
needed, contlnue ln the Mlscellaneous rectlon xtartlng on page 19.
The project consist-s of an energy storage system Qualifying Eacility providlng
scheduled and dispatchable electri.ciEy in forwarC-looking time blocks. ?he
energy storage syster, that cornprises the energy 6[orage Quallfying Facllity is
designe,C to, and will, receive 100t of its energy input from a coarblnatlon of
renewable energy sources such as wind, soIar, biogas, biomas, etc. The currentini.tial design utllizes solal: photovolt6ic (PV) modules mounEed to single-axls
trackers to provlde the electric energy input to the Qualifying Eacilityrs
LralLery stLlrage system. The PV rncdules are pl"anne,J lo bc connected in series/parallel combinations to solar inverters, rated approximaLely 2,5 MWac each,
(subjecr to change). fhe proposed electric energy st.orage Qualifylng FaciIi,E,y
wiLl consist. of an electro-chemical batLery and will have a naximum power output
capaciLy of 25 Mtriac for a sustained time period of 5 - 60 minutes. The FacilitywiIl consist of an alternating currerlt {AC) to direct current (DCl coqLrol
system, The Qualifying Facility wiIl be utilized to provide the purchasing
utility wit.h pre-scheduled and dispatchable AC energy $/ithin pre-debermlned time
blocks. The sole source of el.ectric power and energy provided to the purchasing
ulility wili. be the electro-chemlcaL reacLion giving rise to the discharge ofeleccric power and energy by the battery. In turnr Ehe sole direct source of
energy input provided to the batLery Facility wilI be, as described above,
renewable sources.
32,000 kw
case i-:18-cv-00236-REB Document 7-4 Filed 07/03/1g page L9 af 29
FERC Form 556 Page l0 - Small Power Productlon
lnformation Required for Small Power Production Facility
lf you lndlcated ln line 1 k that you are seeklng quallfrlng small power production faclllty status for your facillty, then you
must to the items on this t0.
et
o
Pursuant to l8 C,F.R. 5 292,204(a), the powet productlon capacity of any small powel productlon facllity, together
wlth the power production capaclty of any other small power productlon facilltles that use the same energy
resource, are owned by the same person(s) or lts afflllates, and ate located at the same site, may not exceed 80
megawatti To demonstrate compliance with this slze llmltation, or to demonslrale that your facility ls exempt
from thls slze limltation under the Solar. Wind, Waste, and Geothermal Power Productlon lncentives Act of 1990
(Pub. L. 10t-575, 104 Stat.2834 (19901 asamendcdby Pub, L 102-4{i, 105 Srat.249 (1991)), respond to llnes 8a
through 8e below (as appllcable).
equipment located wlthln I mlle of the electrical genenting
of the entitles identified in lines 5a or 5b, or thelr affillateq holds
I
at least a 5 percent equity lnterest.
Check here if no such facllltles exlst. fi
Facility location Root docket f
(clty orcounty, state) (ifanY)
t-l Check here and contlnue in the Mlscellaneour section ttartlng on page I 9 lf additional space ls needed
Common owner(s)
Maxlmum netpower
productlon capacity
KW
KW
KW
l)
2)
3)
QF ..
QF-
-QF
8b The Solar, Wind, Waste, and Geothermal Power Production lncentlvet Act of 1990 (lncentives Act) provides
exemption from the size limitatlons in t 8 C.F,R S 292.2M1a) for certain facilltles that w€re certified prlor to I995.
Are you seeking exemptlon from the size limttatlon: ln l8 C.Fn. S 292.204(a) by virtue of the lncentlves Act?
I Yes (contlnue at line Ec below) [t No (skip lines 8c through 8e]
8c Was the origlnal notlce of self-certiflcation or appllcatton for Cornmisslon certlftcatlon of the faclllty filed on or
beforeDecember3t,lgg4? Yes[l No i]
8d Dld construction of the facllity commen(e on or before December 31, 1999? Yes i .. No '_t
oUFe?ioCP[- lEo.tUCs- .LOJcoo.Nr=nfgF.ut
E'EoU
8o lf you answered No ln line 8d, lndicate whether reasonable dillgence was exerclsed toward the comphtlon of
the faclllty, taklng lnto sccount allfactors relevant to constructlon? Yes '_ ' No , lf you answered Yes, provlde
a brtef naiiattve ixplanatlon ln the Miscellaneous sectlon starting on pagi 19 of the construction tlmeline (in
partlcular, descrlbe why constructloh started so long aftet the facility was certified) and the dlllgence exetclsed
toward completlon of the facllity,
Pursuant to t 8 C.F.R.5 292.204{b), qualifying rmall power production facllltles may use fossil fuels, ln mlnimal
amounts, for only the followlng purposes: lgnltion; start-up; testing; llame stablllzation; control use; alleviation or
preventlon of unanticipated equipment outages; and alleviation or prevention of emergencles, directly affectlng
the public health, safety, or welfare, which would result from electrlc power outager. The amount of fossil fuels
used for these purposes may not exceed 25 pelcent of the total energy lnput of the facility during the t2-month
perlod beglnning wlth the date the faclllty first produces electric energy or any calendar year thereafter.
9a Certlfication of compliance wlth 18 C.F.R. S 292.204{b) wlth respe(t to uses of fossil fuel:
ffi Appllcant certifles that the facility wilt use fossll fuels exclustvelyfor the purposes llsted above.
o.9\J?EP
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o*UU:fi.93oa)uarE u-E-co.=u3
9b CertlficatlonofcompllancewlthlEC.F.R.S292.204(b) withrespecttoamountoffossilfuel usedannuallyr
Applicant certifles that the amount of fossil fuel used at the facllity will oot, in aggregate, exceed 25
ffi percent of the total energy input olthe facility durlng the l2.month perlod beginning wlth the date the
fadltty first produces electric energy ol any calendar year thererter.
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/1g page 20 af 29
FERC Form 556 Page I I - Cogeneralion Facilltles
Pursuant to 18 C.F.R. S 292,202tc1, a cogeneratlon faclllty produces electric energy and forms of useful thermal
energy (such as heal or steam) used for industrlal, commerclal, heating, or cooling purposes, through the seguentlal
useofenergy. Pursuanttot8C.F.R.5292.202(rr,'sequential use"ofenergymeansthefullowlng:('llforatopping-
cycle cogeneration facllity, the use of reject heat from a power production process ln sufffclent amounts ln a
thermal application or process to conform to the requirements of the opentlng standard contained ln l8 C.F.R. 5
292.205(a); or l2l fol a bottoming-cycle cogeneration facility, the use of at least some reJect heat from a thermal
application or process for power production.
t0a What type(s) ofcogeneration technology does the facility represent? (check all that apply)
I I Topping-cycle cogeneratlon l_,J Bottomlng<ycle cogeneration
tro
tEo,=
SEotrub
fo?b=c(Uu
l0b To help demonstrate the tequential operatlon of the cogeneratlon process, and to support compllance with
other requlrements such as the operatlng and efflclency standards, lnclude wlth your ffllng a mass and heat
balance diagram deplcting average annual operating condltlons. This dlagram must lnclude certaln itemr and
meet certaln requirements, as described below. You must check next to the description of each requlrement
below to certlfy that you have complled wlth these regulrement5,
Check to certifo
compllance wlth
lMlcated requlrement Requirement
Dlagram mu5t show orientatlon wlthln system piping and/or ducts of all prime movers,
heat recovery steam genefators, boilers, electric generators, and condensers (as
applicable), as well as any other prlmary egulpment relevant to the cogeneratlon
process.
Any average annual values required to be reported ln lines 10b, 12a,13a,13b, 134 1 3l
'14a, l5b, t 5d and/or 15f must be computed oyer the antldpated hours of operation.
Dhgnm mu"st specfi all fu el lnputs by fu el type and average ann ual rate I n Btu/h. Fuel
for rupplernentary llrlng should be spedflad xparately and dearly labeled. All
spetlflcatlons offuel Inputs should use lowel heaUng vdues.
Dlagram must speclfu average gross electrlc output in kW or MW for each generator.
Dhgrarn must speclfy averagn mechanlcaloutput tthst ls,anymechanlcEl energytaken
off of the shaft of the pdme mows ftr purposes not dtrectly related to electrlc power
generatlon) ln hovsepower, lf any. Typlcrlly, a cogenentlon laclllty has no mxhanlcal
output.
At each polnt for nfilch worklng fiuld ffow condltions are requlred to be speci0ed (see
belowl, such llow condltlon date must lnclude rnass flow rate (ln lb/h or kg/s),
temperatue (n'F, R, .C or rc, absolute pressure (ln psia ol kPa) and enthalpy ttn gtultU
orkl/lrgl. Exc€ptlon: forrystemrwhercthtwotthgnulrdBllquldonS(novaporatany
polnt ln the cfhl and where the type of l(uH and qpeclllc heat of that fiquld ar* clearly
lndlcated on the dlrgram or In the MhcClaneous sectlon $anlng on page 'l9, only mass
flow nia rnd temperaturc (noJ pressurc and entholpy) need be speclfled. For rehrence,
speclfic heat a,t rtandard condltlons fior purc ltquld tyater ls rpproxtmately 1.002 Btu/
(lb*R) or4.1g5 U(kg*K),
Olagram must specif worklng fluid ffow condltlors at lnput to and output from each
steam turblne or other expansion turblne or back-presure tuftlne.
Diagram must speclff working fluid flow <onditions at delivery to and return fiom ea(h
thermal application.
Diagram must specify working fluld flow conditlons at make-up water inputs.
lnformation Required for Cogeneration Facility
lf you indlcated in llne 1k that you are seeking qualifylng cogeneration faclllty stalus for your facllity, then you must respond
to the ltems on 1l 13.1l 13.
s
{,
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page 2i- af 29
FERC Form 556 Page '12 - Cogeneratlon Facillties
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EPAct 2005 cogeneration facllities: The Energy Policy Act of 2005 (EPAct 2005f established a new rectlon 210(nl of
Publlc ufllity Regulatory Pollcles Act of 1978 (PURPA), l6 usc 824a-3(n), wlth additlonal requirements fior any
qualifiing cogeneration facility that (llls seeking to sell electric energy pursuant to section 210 of PURPA and (2)
was either not a cogeneratlon facillty on August 8, 2005, or had not flled a self-certiflcaiion or application for
Commisrlon certificatlon of QF status on ol. before February '1,2006, These requirements were lmplemented by the
Commisslon ln 18 C.Ff. 5 292205(d). Complete the lines below, caretully followlng the instructlont to demonstrate
whether these additional requlrements apply to your cogeneratlon faclllty and, if to, whether your faclllty complies
wlth such requirements.
tleWasyourfacllityoperatlngasaquallfyingcogenerationfacilityonorbeforeAugust8,2005? Yes,-.; No;
t tb Was the initialfiling seeking certification faclllty (whether a notice of self-certificatlon or an application
fov Cornmlssion certiffcatlon) flled on or before t,20061 Yes No
lftheanswertoeitherlinellaorllbisYes,thencontinueatlinellcbelou Othenivire,iftheanswerstobothllnes
llaandllbareNo,tollne llebelow
t rc Wlth respect to the design and operation of the facillty, have any changes been implemented on or after
February 2, 2006 that affect general plant operation, affect use ofthermal output, and,/or lncrease net power
production capaclty from the plant's capaclty on February l, 2006?
['1 Yes (continue at line I ld below)
No. Your facility ls not subject to the requirements of l8 C,F.R. S 292,205(d) at this tlme. Howevar, it may be
l-1 subject to to these requlrements ln the future if changes are made to the facillty. At such time, the applicant
would need to recertiff the hcllity to determine ellgiblllty. Sktp lines 1 I d through I U,
Itd Doestheapplicantcontendthatthechangesldentlfledlnllnellcarenotsoslgnificantastomakethefacillty
a 'new" cogeneration facility that would be subject to the 18 C.F.R, 5 292.205(d) cogeneiation requlrements?
Yes. Provlde in the Mlscellaneous section starting on page l9 a desctlption of any relevant (hanges made to
i-l thefaclllty(lncludlngthepurposeofthechanges)andadlscussionofwhythefacllityshouldnotbe
consldered a'new" cogeneration facility in light ofthese changes. Skip llnes llethrough 1 lJ,
No, Applicant stipulates to the fact that it is a "new" cogeneration faclllty (foi purposes of determlning thei.l applicabllity of the requlrements of 18 C.F.R. S 292,205(d)) by vlrtue of modlflcatlonr to the lacllity that were
inltlated on or after February 2,2006. Continue below at line I ?e.
I 1e Wlll electrlc energy fiom the faclllty be sold pursuant to section 210 of PURPA?
. , Yer. The facility ls an EPAct 2005 cogeneration facility. You must dernonstrate compliance with l8 C.F& S: | 292,205(dl(2) by continuing at Iine I lf below.
No. Applicant certlfies that enetgy will not be sold pursuant to sectlon 210 of PURPA. Applicant also certlfier
Its understandlng that lt must recertlfy lts faclllty ln order to deterrnlne compllance wlth the requlrements of
t8C.F.B.S292.205(dlbeforeselllngenergypuisuanttosectlon210ofPURPAlnthefuture. Sklpllnerlll
through I U.
,t
E6-,FJEE+r l.JClEO1l-EtrfuoEJ:co.?o
koJl ot
E8OLFOOG.L +,J=cro0r=cE:i
url L)
oo|(\b
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f lf ls the net power production capacity of your cogeneration faclllty, as indicated ln line 79 abovg less than or
to 5,000 hll/l
Yes, the net powpr productlon capadty h less lhan or equal to 5,000 kW. 18 c.F.R. I 292.205(dX4) provldes a
rebuttable presumption that (ogeneratlon fecilltles of 5O00 kl4r and rmaller <opaclty comply wlth the
requlrements for fundamental ure of $e faclllt/t energy output ln 18 Ct.R. I 292205{dX2}. Applkant
certlfies lr understandlng that rhould the power prcductlon capacity of the fullity lncrease above t000
kW, then the faclllty must be recertlned to (among other thlrgr) demonstrate compllance wlth 18 C.fJt $
292205(dX2). Sldp llnes t lg through 1lJ.
No, the net power productlon capacity is greater than 5,000 kW. Dernonstrate (ornpliance with the
requiremevrb for fundamental use of the fadlity's enetgy output ln l8 C.F.R. 5 292.205tdx2) by continuing on
the next page at line 1 I g.
case 1:18-cv-00296-REB Document 7-4 Filed 07/03/18 page 22 of 29
FERC Form 556 r3-Facilltiet
Lines I lg through I Ik betow guide the applicant through the process of demonstratlng compliance with the
requlrementsfor"fundamental use"ofthefaclllty'senergyoutput, 18C,F.R.5292.205(dX2). Onlyrespondtothe
lines on thls page lf the lnstructlons on the prevlous page direct you to do so. Otherwise, skip thls page.
I8 C.f.B. 5 292.205(dX2) requires that the electrlcal, thermal chemicaland mechanlcal output of an €PAct 2005
cogenera$on facllity ls used fundamentally for Industrial, rommerdal resldentlal or lnstliuUonal purposes and ls
not lntended fundamentrlly for sale to an eleckl( utllily, taklng lnto eccounttechnologlcal, efflclency, economlc,
ard varlable thermalenergy requltenrents, as well as state laws applhable to sale of elefirlcanergy from a
quallfylng faclllty to ils hort fa(lllty. lf you were dlrected on the prevlous page to rtspond to the ltems on lhls page,
then your faclllty ls an EPAct 2005 cogeneration facillty that ls subJect to thls'fundamental ure" ruqulrsment.
lThe Commlssion's regulations provide a two.pronged approxh to defilonstrating compllance wlth the
lrequlrementr for fundanrental use of th€ facilityi €nergy output. FInt the Commlrslon has establlshed in t8 CF.8,
I 292.205(d)(3) a "fundamental use test' that can be used to demonstnete compfianre with 18 C.F"R 5 292205(dN2).
Under the fundamentrl ure test, a facility lr conrldered to comply wlth I I C.F.R. 5 292.205(dX2) lf at least 50 percent
of the facllltfr total annual energy oulput (lncludlng electrlcal, thermal, chemktl and mechanlcal energy outpu$ ls
u:ed for lndurtrlal, commerclal, residentlal or lnstitutlonal purpos€s.
Second, an appllcant for a facility that does not pass the fundamental use tert may provlde a narratlve explanation
of and support for its contentlon that the faciliry nonetheless meets the requirement that the electrical, thermal,
chemical and mechanical output of an EPAct 2005 cogeneration facllity is used fundamentally for industrial,
comrnerclal, residentlal or instltutional purposes and ls not intended fundamentally for sale to an electrlc utillty,
taklng into account technological, efflciency, economlc, and varlable thermal energy requlrements, as well as state
laws appllcable to sales of electric energy from a qualifying faclllty to lts host facillty.
Complete lines I Ig through I I j below to determlne compliance with the fundamental use test in I8 C.F,R. $
292.205(dX3). Completellnesllgthroughll)evenifyoudonotlntendtorelyuponthefundarnentalusetettlo
demonstrdte compliance with B C.F.R. 5 292.20s(dN2) .
Itg Amountofelectrical,thermal,chemical andmechankalenergyoutput(netoflnternal
genetatlon plant losses and parasitlc loads) expected to be used annually for lndustrlal,
commerclal, residentlal or lnstitutlonal purposas and not sold to an electrlc utlllty MWh
I th Total amount of electrlcal, thermal, chemical and mechanical energy expected to be
sold to an electrlc utlllty tullrvh
Itl Percentageoftotalannualenergyoutputexpectedtobeusedforlndustrlal,
commerclal, residential or instltutlonal purposes and not sold to a utillty
= t00l llg/(1rg+ l1h)JYo
ao:,
or .Evt=-ogl,
6UEts.g'n9o
r.b€i,9 o-tscuoc crr
E8'5F
spEIF
Itl -a8g(\fuotraur6cI.ll
o
llf ls the response in line I li greater than or equal to 50 percent?
Yes. Yourfacilitycomplieswlthl8C.F.R,S292.205(d)0) byvlrtueofpasringthefundamental usetest
provlded In 18 C.F"R. S ?92"205td)(3). Appllcant certifles lts understandlng that, if lt is !o rely upon passlng
[
-.l the fundamentil u5e test as a basis for complylng udth 18 C.F.R 5 292.205(d)(2), then the hcillty must
<omply wlth the fundamenial use tett both ln the l2-month perbd beglnning with the date the faclllty flrst
produces electrlc energy, and ln all subsequent calendar years,
No. Your facility does not pa5s the fundamental use test, lnstead, you must provide ln the Miscellaneous
sectlon starting on page 19 a naratlve explanation of and support for why your faclllty meets the
regulrement that the electrical, thermal, chemical and mechanlcrloutput of an EPAct 2005 cogeneration
hcility ls used fundamentally for industrial, commercial, residentlal or lnstitutlonal purposes and ls not
intended fundamentally for sale to an electric utlllty, taking lnto account technologlcal, efflciency. economlc,
and variable thermal energy requi/ements, as well as state laws applicable to sales of electric energy fiom a
QF to its host facility. Appllcants provldlng a narrative explanatlon o{ why thelr facllity should be found to
comply wlth l8 C.F.R. S 292.205(dl(2) ln splte of non-compliance with the fundamental use test may wantto
revlew paragraphs 47 through 6l of Order No. 571 (accesslble from the Commlssion's QF website at
www,ferc.gov/QF), which provlde dlrussion of the facts and circumrtancer that may rupport thett
explanation. Applicant should also note that the percentage reported abov€ wlll establlsh the standard that
that faclllty must comply wlth, both for the lz-month perlod beglnnlng with the date the factllty flrst
produces electrlc energy, and in all subsequent calendar years. See Order No. 67 I at paragraph 51. As such,
th€ appllcant should make sure that it reports approprlate values on llnes 1 1 g and I I h above to serve as the
relevant annual standard, taking lnto account expected variations in production conditlons,
o
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page 23 ol29
FERC Form 556 Page l4 - Topping-Cycle Cogeneratlon Facilities
lnformation Required for Topping-Cycle Cogeneration Facility
lfyou lndicated ln llne 10a that your faclllty represents topping-cycle cogeneratlon technology, then you must respond to
the ltems on 14 and 15. Otherwlse,t4and 15.
0The thermal energy output of a topping<ycle cogeneratlon facillty ls the net energy made avallable to an lndustrlal
or <ommercial process or used in a heatlng or cooling appllcatlon. Pursuant to sections 292.2A21c1,$) and (h) of the
Commlssion's tegulations (18 C.F.R, !5 292.202(c), (d) and (h)), the thermal energy output of a qualifling topplng-
cogeneratlon facllity must be useful. ln connectlon wlth thls requirement, descrlbe the thermal output of the
cogeneratlon facllity by responding to lines I 2a and l2b below.
t2r ldentlfyand describe each themal host, and specifu the annual average rate of thermal output made available
to each host for each use. For hosts wlth multlple uses of thermal outpul provide the data for each use lnsepordterows' Average annual rate of
thermal output
attributable to use (net of
Name of entity (thermal host) Thermal host's relationshlp to faclllty heat contalned in process
taking thermal output Thermal host's use of thermal output return or make-up wat€r)
thetmal host's tol)
host's use of thernral t
thermal host's to facili
[hermal host's use of thernral
thermal host's to facih
3)
thermal lrost's use of thernral Btu/h
thermal host's to
thermal host's use of thenrral
thermal host's to
)
ruse of thermalthermal
host's to
thermal host's use of thenr,al
i.-_] Check here and contlnue ln the Mlscellaneous sectlon startlng on page l9lf addltional space [s needed
0)
U
LJIcnts'as
&6
r.- (EoE
Vl L-u.gcFf,
out3 t2b Demonrtratlon of usefulness of thermal output At a mlnimum, plovlde a brlef descriptlon of each use of the
thermal output ldentlfled above, ln some caies, thls brlef descrlption is sufflclent to demonstr.te usefulness.
However, lf your facility's use of thermal output Ir not common, and/or if the usefulness of such themal output ls
not reasonably ctear, then you must provide addltional detalls as necessary to demonstrate usefulness. Your
application may be rejected and/or additional lnformatlon may be required if an lnsufficient showing of usefulness
ls made, (Exceptlon: lf you have prevlously received a Commisslon certification approving a specific use of thermal
output related to the instant faclllty, then you need only provide a brlefdescriptlon ofthat use and a reference by
date and docket number to the order certlfylng your faclllty with the lndlcated use. Such exemptlon may not be
used if any change createg a materlaldevlation from the prcvlously authorized use,) lf addltbnal space ls needed,
contlnue ln the Miscellaneous sectlon Jtartlng on page 19.
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page 24 af 29
FERC Form 556 t5-Facilities
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Appllcants for facilities repr€senting topping-cycle technology must demonrtrate compliance wlth the topping-
cycleoperatingstandardand,lfappllcable,efflclencystandard. Section292,205(a)(1)oftheCommlssion's
regulations (18 C,F.R, S 292.205(aXl )) establishes the operatlng standard for topplng,cycle cogeneration faclllties:
the useful thermal energy output mu$ be no less than 5 percent of the total energy output. Sectlon 292.205(aX2)
(18 C,F.R. S 292.205(aX2)) establlshes the efflclency standard for topplng-cycl6 cogeneration facllltles for which
installation commenced on or after March t 3, 1980: the useful power output of the faclllty plus one-half the useful
energy output must (A) be no less than 42,5 percent of the total energy input of natural gas and oll to the
and (B) lf the useful themal energy output lr less than t5 percent of the total energy output of the facility,
benolessthan45percentofthetotal energyinputof natural gasandoll tothefaclllty. Todemonstrale
compllance wlth the topping<ycle operatlng and/or efflclency standards, or to demonstrate that your facility ls
exempt from the efflciency standard based on lhe date that lnstallatlon commenced, respond to llnes l3a through
l3l below.
lfyou lndlcated ln llne lOa thatyourfacllityrepresentsbothtoppingcycleand bottomlngqrclecogeneration
le{hnology, then respond to llnes t3a through 131 below con$derlng only the en€rgy lnputs and outputg
attrlbutable to the topplng-cycle portion of your facllity. Your mas and heat balance dlagram must make clear
which mass and energy flow values and system components are for whlch portion (topping or bottoming) of the
l3a lndicate the annual average nte of useful energy output made
heat contalned ln condensate return ornet of water
kt/
l3b lndicate the annual average rate of net energy output
ttG Multlplyllne t by 3,41 2 to convert frorn kW to Btu/h
of the shaft of a prlme moverfor purposes not directly related to power productlon
average rate mechanical energy output directlyofflld lndlcate
(this value is usu
t 3c Multiply llne l3d by 2544 to convert from hp to Btu/h
average rate of energy lnput from natural gas andr3fthe
operatingvalue= 100llg 13a/(13a+l3c+l
yxlug = 100 ir3h l3a+ 13c+l1
l3l Compliance wlth operating standard: ls the operatlng value shown ln line 139 greater than or equal to 5%?
..-l Yes (complles wlth operating standard) I_l No (does not comply with operatlng standard)
t ti Did installatlon of the fadllty ln its orrrent form commen(e on or after March I 3, I 980?
, Yes. Yourfadlltyissubjecttotheefficlencyrequlrementsof '18C,F.R.5292.205(aX2). Demonstrate
'-'' complhnce wlth the efficlency requlrement by nsponding to line 'l3k or I 31, as appllcable, b€low.
r : No. Your facillty ls exempt from the efficiency standard. Skip lines l3k and lll.
t3h Compllance with efflciency standard (for low operating value): lf the operating value shown in line 139 ls less
than 15%, then lndlcate below whether the efficlency value shown ln llne l3h greater than or equalto 45%:
Yes (complies with efficiency standard) No (does not comply with efflciency standard)
E'CCluO
PE
i!uIEalo
-s+UT>,vaulcca
cL.ucLbO u,JF
lll Compllancewithefficiencystandard(furhlghoperatingvalue): lftheoperatlngvalueshowninlinel3gis
or equalto I5%, then lndicate below whether the efficiency value shown in line I 3h is greater than or
1o42.5%t
' Yes (complies with efficiency standardl -' No (does not comply with efflclency standard)
Rtrrr1r
O Btu/h
ho
o 8tu/h
Btu,'h
oq6
n%
FERC Form 556
case 1:19-cv-00236-REB Document 7-4 Fired 07/03/18 page 25 0f 2g
Page 16 - Sottoming-Cycle Cogeneratlon Faclllties
lnformation Required for Bottoming-Cycle Cogeneration Facility
lf you lndlcated ln llne 1 0a that your facillty represents bottomlng-cycle cogeneration technology, then you must respond
to the ltems on l6 and 17.16 and t7.voutput of a bottomlng<ycle cogenentlon fecitity ls the energy related to the procestes)
of the ruJect heat ls then used for power prodwthn. Pursuant to s€ctlons 292.202(c) and
fromthermalenerlry
of(e)50meatwhlchleast
from
l4r ldentlfy and descrlbe each thermal host and each bottoming-cycle cogeneration process engaged ln by each
hort- For hosts wlth multlple bottoming-cycle cogeneration processes, provlde the data fur each procesr /nseqontercw'
Has the energy lnput to
Name of entlty (thermal hos0 the thermal host been
perfomlng the process from augmented for pu.poses
whlch at leart some of the of lncreaslng power
reject heat lr used for power Thermal hostl relatlonship to facllity; prcductlon capacltylproduction Thermal host's proc€ss type (lf Yes. dexribe on p. l9l
thermal host's tor)
thermal host's
Yesi*l Noij
host's relations t0
thermal host's
Yesi'' No'-i
thermal to
thermal host's
Yesi ; No ,-;
i 'l Check here and continue ln the Miscellaneous sectlon startlng on page l9 lf addltlonal space ls needed
o
U
tJIcD
;o-6E
E9G|I,r.- CoturOU€c'Eota
1{b Demonstrationofusefulnessofthermal output Ataminlmum,provldeabriefdescrlptlonofeachpntxess
ldentlfied above. ln some caret thls brlef description is sufrlclent to demonstrate usefulness. However, If your
facllity's process ls not rommon, and/or if the usefulness of such thermal output ls not reasonably cleat, then you
must provide addltlonal detailr as necessary to demonstrate usefulness. Your appllcatlon may be rejected and/or
addltional informatlon may be regulred lf an lnsufflclent showing of usefulness is made. (Exceptlon: lf you have
prevlously recelved a Commlsslon certlflcatlon approvlng a speciflc bottomlng<ycle process retated to the lnstant
then 1tou need only provlde a brlefdescilptlon of that process and a refetence by date and docket number
with the indicated process, Such exemption may not
made) lf additional space is needed, continue ln the
usedbe if materlaltheordercertlfylngfacilityyourany
Miscellaneous sectionthetohavebeenproc€ss
on page 19.
?)
t)
Case 1 : 18-cv-00236-R EB Documenr 7-4 Filed 07/03/18 page 26 of 29
FERC Form 556 17-Facillties
o
o
o
o
lAppllcants for facilities representing bottoming-cycle technology and for which lnstallation commenced on or after
lMarch 13, t 990 must demonstrate (ompllance with the bottomlng-cycle efllciency standards, Section 292.205(b) of
the Commlsslon's regulatlons (18 C.F.R" E 292.205(b)) establlshes the efficiency standard for bottoming-cycle
cogenerationfacilities; theuseful poweroutputofthefacllitymustbenolessthan45pefcentoftheenergylnput
of natural gas and oil for supplementary firing. To demonstrate compliance wlth the bottomlng-cycle efficlency
standard (ifapplicable), or to demonstrate that yourfacllity is exernpt from thls standard based on the date that
lnstallation of the facility began, respond to lines l5a through l5h below.
lf you lndlcated ln llne l0a that your facillty represents both topplng<ycle and bottomlng-cycle cogeneration
technology, then respond to lines I 5a through t 5h below conslderlng only the energy lnputs and outputs
attributable to the bottoming-cycle portion of your faclllty. Your mass and heat balance diagram must make clear
which mass and energy flow values and system components are for which portlon of the cogeneratlon system
(topplng or bottoming).
l5a DldlnstallationofthefacilltyinltscurrentformcommenceonorafterMarchl3, I980?
, , Yes, Your facllity ls subject to the efficlency requirement of 18 (.F"R. S 292.205(b). Demonstrate compliance
-'' with the efflclency requlrement by respondlng to llnes l5b through 15h below.
t_'j No. Yourfacilityisexemptfromtheefficiencystandard. Skiptherestof page 17.
I 5b lndicate the annual average rate of net electrical energy output
KW
l5c Multlply llne I 5b by 3,41 2 to convert from kW to Btu/h
0 Btu/h
15d lndlcatetheannualaveragerateofrnechanlcal energyoutputtakendirectlyoff
of the shaft of a prime moverfor purposes not directly related to power production
(this value ls usually zero)ho
f 5c Multiply line 15d by 2,544 to convert from hp to Btu/h
a 6tu/h
l5f lndlcate the annual average rate of supplernentary energy input ftom natural gas
or oil Btu/h
l5g Bonomlng.cych effidenry value = I 00 * (l 5c + 1 5e) / I 5f
0s
Ecgb
.=o+,=(llJI; \J(u=
Q-,tY
!E
,y.. sY>.CDUcc'=O
LIJo(E
5rrE
t 5h Compliance with efficiency rtandard: lndicate below whether the efflciency value shown in line l59 is greater
than or equal to 45%r
;l Yes (cornplies with efflclency standard) f.j No (does not comply wlth efficiency standatd)
case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 page 27 at 29
FEflC Form 556 Page l8 - All Facillties
Certificate of Completeness, Accuracy and Authority
Appllcant must certlff compliance wlth and underrtandlng of flllng requirements by checking next to each item below and
slgnlng at the bottom of this section. Forms wlth lncomplete Certlflcates of Completeness, Accuracy and Authority wlll be
reJected by the Secretary of the Commission,
Slgner identlfled below certifles the bllowlng (check all items and appllcable :ubltems)
He or she has read the ffling, lncluding any lnformatlon contalned in any attached documents, such as cogeneratlon
fil mass and heat balance diagram$ and any lnformatlon contalned ln the Mlscellaneous section ,taftlng on page 19, and
knows its contents.
- He or she posess full power and authorlty to slgn the fillng; as required by Rule 2005(a)(3) of the Commission's Rules of6 Practice and Pmcedure (ls C"F.R. S 3sr2005(aX$1, he or she ls one of the following: {check one)
fl The person on whose behalf the flllng is rnade
fl An officer of the corporatlon, trust, assoclatlon, or other organlzed group on behalf of whlch the flllng is made
- An officer, agent, or employe of the governmental authority, agency, or inrtrumentality on behalf of which theu ftllng is made
,ot A reprerentative guallfled to practice before the Commlssion und€r Ruh 2t 01 of the Commlsslon's Rules ofE PracdceandProcedure(I8C.F,R.S3E5"2101)andwhopocsess$authorltytosign
a
a
I
He or she has provlded all of the required informatlon for certiflcatlon, and the provlded lnformation ls true as stated,
to the best of hls or her knowledge and bellef.
He or she has revlewed allautomatlc calculations and agrees wlth thelr results, unless otherwise noted ln the
Mlscellaneous eection startlng on page 19,
He or she has provided a copy of this Fotm556 and all attachments to the utllltles wlth which the facility will
interconnect and transact (see lines 4, through 4d), as well as to the regulatory authorltles of th€ st tes in which the
facility and those utlllties reslde, See the Requlred Notice to Public Utllitles and State Regulatory Authorities rectlon on
page 3 for more information,
Provlde your signature, addresr and dgnature date below. Rule 2005(c) of the Commlsslon's Rules of Practlce and
Procedure (t 8 i.F.R. S 385"e005(c)) provldes that persons flllng thelr documentr electrcnkally may use typed drafact€rs
representlng his or her name to slgn the 0led documents, A peron filing thls document el€ctronically should slgn (by
typing hB or her name) in the space provlded below.
Your 5ignature Your address
515 N. 27Lh Street
Bolse, ID 83702 l:
Audlt Notes
Commisslon Staff Use Only:
case L:18-cv-00236-REB Document 7-4 Filed 07/03i1g page 28 at 29
FERC Form 556 Page t9-AllFacllltles
Miscellaneous
Use thk space to provlde any lnfurmation fo,r whlch there war not sulflclent space ln the prevlour redlons of thr form to
provlde. Forerdlstahltemoflnfurmrnonclearlyldentlfythellnenumberthotthilnfoflnatlorrbebngsto. Youmayalsouse
thlr space to provHe any addltlonal hfomatlon you belleve ls relevant to the certlflcatlon of yourfacillty.
Yourrerponsebelowlsnotlimltedtoonepage. Addltlonal page{i)wlll automatkallybelnsertedintothlsformlfthe
length ofyour response exceeds the space on this page. Use as ma ny pages as you requlre.
?he orlginal Form 555 incorrectly llsLed the latitude and longitude coordinates in
Paragraph 3c as glest 114,600 Nort.h 42.206. The correct latitude and Iongitude
coordinates are West 114.503 North 42,f92.
Case 1:18-cv-00236-REB Document 7-4 Filed 07/03/18 Page 29 ol29
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Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page l of 87
EXHTBIT 4
case 1:18-cv-00236-REB Document 7-5 Filed 07103/1g page z of g7
Peter Richardson
Franklin Energy Storage Four, LLC
515 N. 27h Street
Boise, tdaho 83702
peter@ichardsonadams, com
January 26,2017
Michael Darrington
Senior Bnergy Contract Coordinator
Idaho Power Company
l22l West ldaho Street
Boise,Idaho 63702
HA}.IDDELIVERY
Re: Schedule 73 Energy Sales Agreement Request, Franklin Energy Storage Four,
LLC
Dear Mr. Darrington:
Enclosed, pursuant to Idaho Power Company's ("Company") Tariff Schedule 73
('Schedule 73) you will find a completed QualiSing Facility Eaergy Sales Agreement
Application f'Application') seking an'tndicative pricing pm,posal" from the Company
for the Franklia Energy Storage Four projecl. The Fraaklin Energy Storage Four project
('Franklin Four) is a 25 MW battery storage QF located in ldatro a few miles north of
Jaokpot, Nevada. In addition to the information rcquested on &e enclosed Application,
Schedule 73 separately requests additional information and documents that should
accompany the Application. Each information request tgm Section I of the Conbacting
Prooedues Part of Schedule 73 is rasponded to in detail below:
Section l(aXi) requests a copy of the organizational structure and chart. Franklin
Energy $torage Four, LLC has only one member, Robert A. Paul in his lndividual
capacity. In addition to being the sole member, Rrihrt A. Paul is also the member
manager. As the organization is very'flat' thorc is no orgmizational chart
Section l(aXii) requests a descripion of the "generation and other related
technolory.' This question is addressed in detail on the enclosod FBRC Form 555 at
Paragraph 7(h), whioh fully describes the slectro-chcmical battery systam used by
Franklin Four, which has been setf-certified as a QF pursuant to FERC regulatioas.
Section l(a)(iii) requests specifics as to the o'maximum design capacity, station
service requirements, and the net amount of power, all in kW to be delivered to the
Franklin Energ Storage Four, LLC
Schedulc 73 Conracting Pmcedures Chccklist
Page I
case 1:18-cv-00236-REB Document 7-5 Filed 07/03119 page 3 of g7
Company's electric system." That information is provided in detail at Paragraphs 7a
through 7g on the enclosed FERC Form 556.
Section l(a)(iv) requests a "sohedule of estimated Qualifuing Facility electric
output, in an 8,760-hour electronic spreadsheet format." The electronic spreadsheet is
attached to the enclosed Application.
Section l(a)(v) secks informalion as to whether the facility will have the ability to
"respond to dispatch orders liom the Company." As desoribed at Paragraph 7h on tbe
attached FERC Form 556, "The Facility will be utilized to provide the purchasing utility
[Idaho Power] with prc*chcduled and dispatchable AC energy within pre-deterrnined
time blocks" for a sustained time period of 5{0 minutes.
Section 1(a)(vi) requests a "map of the Qualifying Facility location, electrioal
interconnection point, and POD (identified by nearest landmark and GPS coordinates)."
The enclosed Application contains the requested map and coordinates. Note that the
Application rcquests the identity of the 'Nearest City or landmark" rather than just the
ncarest landmark. The identity ofthe city of Jackpot, Nevada on the Application as the
nearest city should sufEce as satisfying both requirements (city and landmark) as we are
unaware of a near-by physical feature of the land that would stand out as a landmark in
the common usage of the tetm.
Section l(aXvii) requests the "anticipated commencement date for delivery of
electric output." As noted in Paragraph 1l on the attached FERC Form 556, Franklin
Four anticipates a commercial operation date of June l, 2018,
Section l(a)(viii) requests a list, and status, of acquired and outstanding permits.
The project is cunently working toward finalizing Conditional Use Perrnits with Twin
Falls County. The County has already ganted pennits for wind, solar, and electrical
substation projects on this property - no major hurdles are anticipated. All of the
necessary local agencies have been engaged to provide comment and feedback on the
pmposed project. Building pcilnits will be obtained prior to consbuction. Thete are
cunantly no anticipated schedule impaots to the Q4 2019 COD due to permitting.
Section l(aXix) requests a demonstration of the ability of the facility to obtain QF
status. The attached FERC Form 556 satisfies this requirement.
Section l(a)(x) requests a description ofthe fucl types and sources. The direct
source of energy provided to Idaho Power will be the electro-chemical reaction created in
the battery storage system. The battery storage system does not consurne fuel. [t will,
however, be energized by renewable eners/ sources such as solat, wind, biomass and the
like. The initial plan is to utilize the ample solar resource at the site to fully energize the
battery storage sy$tem, although additional renewable energy sources will be considered
and installed as necessaly in the future.
Franklin Energy Storage For, LLC
Schedule 73 Conhacting Procedures Checklist
Page2
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 4 of gT
' Section 1(aXxi) is crurently inapplicable as Franklin Four has no plans to obtain
fuel or anange fuel transportation for the facilig at this time" Should the battery sys&m
be energized with a renewable bio-fuel at some point in tbe future, then the project will
provide ldaho Power with all the necessary fuel and transportstion agreements at that
time.
Section l(aXxii) is also inapplicable as the facility will be directly connected to
Idaho Power's electrical system.
Section l(a)(xiii) requests information as to the interconnection status of the
facility. The interconnection rcquest is pending.
Section l(aXxiv) rcquests the proposed contracting term and rate option. As
indicated on the enclosed Application, Franklin Four is requesting a twenty year conhact
term and the published "Non-Levelized Non-Fueled Rates."
Withinrhe next ten business days and pursuant to Section l(b) please provide
your witten notice of any defisiencies in this r€qrr€st or, if therc are no deficiencies,
pursuant to Section l(c) plcase provide ldaho Power's indicative pricing proposal.
Very trulyyours,
P,or2,&,1*"u
Peter J, Richardson, Counsel for
Pranklin Energy Storage Fow, LLC
Cc: Donovan Walker
Idaho Power Company
1221 West Idatro Street
Boise, Idaho 83702
frankltr Energy Stronge Four, LLC
Sohedule 73 Contracting Ptrcedures Checklist
Page 3
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/19 page 5 of g7
ldaho Power Company
|.P.U.C. No. 29, Tariff No. 101 Orioinal Sheet No. 73-9
SCHEDULE 73
GOGENERATION AND SMALL POI/VER PROOUCTISN SCHEqULE - IDAHO
(Continued)
ouALrFyrNsi FAcr Lrw ENERGY SALES AGREEMENT APPLICATTON
ldaho Power Qualifying Facility (QF) contact information:
Mailing Address:
PhysicalAddress;
Telephone number:
E-MailAddress:
IDAHO
lssued per Order No. 33197
Effec'tive - January 1,2015
Attn: Energy Contracts, P O Box 70 Boise, lD 83702
1221W.ldaho Street, Boise, lD 83703
208-388-6070
[e-mail]
Preamble and lnslructions
Allgeneration facilltlee that quali$ pursuant to ldeho Porer Company Schedule 73 for a QF
Energy Sales Agreement and v'rish to sell energy from thelr facility to ldaho Power muEt
complete the following information and submit thls Applicatlon by hand delivery, mail or E-mail
to ldaho Power.
Upon receipt of a complete Application, ldaho Power shall process this request for a QF Energy
Sales Agreement pursuant to ldaho Power Company Schedule 73.
Quallfyln g Faclllty lnformrtlon
Propoqed Proie.ct
Nama of Facility:Frenklin Fnarav Slareaa
Resource Tyge: (i.e. wind, solar, hydro, dc): Batterv Stqraoe ,
Facillty Location: GPS Coordinates: W llt6 N {il2(F
Nearest City or landmark:Jackoot Nevada
Name of Facility:F ra n kll n En e rg y $torana_O_ae
County and State: I_win FallrlouolaidE[o _
Map of Facility, including proposed interconnection point. lSee Attached.l
Anticipated commencement date of energy deliveries to ldaho Power: Clctobor
t.2019
lssued by IDAHO POWER COMPANY
Gregory W. Sald, Vice Prcsldent, Regulatory Afhlrs
1221 West ldeho Street, Boise,ldaho
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/j-g page 6 of 87
ldaho Power Company
|.P.U,C. No. ?$ Tariff No. 101 OrioinalSheet No. 7&9
SCHEDULE 73
coGENERATION AND SrrrALL POUFR PRODUCTION SCHEDULE- lpIUrO
OUALI FYI NG FACI LITY ENERGY SALES AGREEMENT APPLICATION
(Continued)
Facility Nameplate Capacity Rating (kW):32.000
Facility Maximum Output Capacity (kW):32.000
Station Service Requirements (kW):7.000
Facility Net Delivery to ldaho Power (kW):25.000
Pendino
Proposed Contracting Term (cannot exceed 20 years):lQgars
Requested Rate Option (details provided in Schedule 73): Rate Og$.on No.4.
"NoJr-Levelieed Nonf ue"lgd Ratot"
Does lhe Facitity have the ability to reepond to dispatch orders from ldaho Power
Company (Yes or No):Yes
Please include the following attachmentsr
r' Hourly estimated en€rgy deliveries (kW) to ldaho Power for every hour of a one year period.
Attached.
{ List of acquired and outstanding Qualifylng Facility permits, including a description of the
status and limeline for acquisition of any permits.
r At the minimum a FERC issued QF certificate/self-certification is required and/or
evidence that Facility will be able to obtain a Qualifying Facility ceilificate.
FERG Form f)56 lt etec.hed.
IDAHO lssued by IDAHO POWER COMPANY
lssued per ffier No. 33197 GregoryW. Said, Vi,ce President, RegulatoryMairs
Effedive - January 1,2015 1221 West ldaho Straet, Boiee, ldaho
Facility interconnection status:
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 7 ot 87
./ lf the Facillty will require fuel be transpoiled to thE Facility (i.e. natural gas pipelines, railroad
transportatloh, €tc), evldence of abillty to obtaln sufiiclent transportation rlghts to operate the
Facillty at the stated Maximum OutputAmount.
NlAr' lf the Facility wlll not be interconnecting direcily to the ldaho Power electrical system,
evidence that the Facility will be able to interconnect to another utility's elec-trical system and
evidence that the Facility will be able to oblain firm transmission righls over all required
transmission providers to deliver the Facility's energy to ldaho Potrusr.
N'A
Owner lnformation
Owner/Name:
Contact Person:
Address:
City: State:Zip:
Telephone;
E-mail:
Appllcant
I hereby that, to the b6st of my knondedge, all lnformation provided in this Qualifying
Saleo AgrEsmgnt applicaUon is hue and conact^Facllity Energy
lsl
Signature
RobertA. Paul
Print Name
IDAHO
lssued per Order No. 33197
Effestive - January '1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice Preeident, Regulatory Affdrs
1221 West ldaho Streel, Bolse, ldaho
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 8 of 87
Rogersory ldaho
o( lh! tilnol
Riwet Dr!d(1pd$1,
E6l- lilx
ftol
Jackpot Solar Substation
h!r'l Sourh or HiXh'vr,
Sold2: r!.4il.oc5
HilE ht
17,
FUf,NIX EERGY SIOIAGE
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case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 9 of 87
Franklin Energy Storage Four, LLC
515 N.27u Street
Boise, Idaho 83702
(208) 938-790r
peter@ri chardsonadams. com
January 26,2017
Attn: Energy Contracts
Idaho Power Company
PO Box 70
l22l We.st ldaho Street
Boise,Idatro 83702
ral lnhi [e-mail]
Re: Notice of Self-Certification Franklin Energy Storage Four, LLC
DearMr. Allphin:
Pursuant to l8 C.F.R. $ 292,207(a)(ii) you are hereby provided a copy of the Notice of Self
Certification filed with the Federal Energy Regulatory Commission by Franklin Energy Storage
Forn, LLC.
Please feel free to give me a call if you have any questions.
Sincerelv vours:
[';fl,0, /,.-4*,*,*
Peter I. Nchrdson
Auomey for Frar*liu Eoetgy Four, LL,C
case 1:18-cv-00236-REB Document 7-s Filed 07/03/LB page 10 of g7
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC
OMB Control[ 1902{075
ExpkaUon 0613012019
Fo rm 5 56 F;il[iHH'.:;:',gi:fl#:1il,$" status for a 5ma* Power
General
Questlons about completing thls form should be rent to Forp55&aferc.qov. lnformatlon rbon the Commlssbn! QF
program, answerr to frequently arked questlons ahout QF requlrsments or compl€tlng thls form, and contact lnhlmation for
QF prognm staffare avrllable at the Commlsslonb QF websltg www.ferc.gsylQf-. Ilre Gmmlslon's QF webslte also
provldesllnkstothe Commli$on's QF regulatlons ll8 CF"R.5llt"60 and Part?92). as wellas otherstatuter and orders
pertalning to the Commlssion's QF program.
Who Must File
Any applkrnt seeklng QF statur or re(efilflcatlon of QF status for a generating hclllty wlth a net power productlon capaclty
(ar determlned ln llnes 7a through 79 below) Oreater than 1000 kW must tlte a self.cenfficatlon or an appllcatlor for
CommlssloncertlflcatlonofQFstatus,urhldrlncludsapropedycompletedFormS56, AnyappllcOntseeldngQFrtatusfora
genentlng faclllty wlth a net power production capaclty 1000 kW or less is oternpt from the certfficatlon requlrement, and ls
therefore not requlred to complete or flle a Fofm 555. 5e€ l8 C.F.R. 5 292.203.
How to Complete the Form 556
This form is intended to be completed by responding to the ltems in the ordertheyare presented, accordlng to the
lnstructlonsglven. lfyouneedtoback-taachyoumayneedtoclear<ertrlnresponsesbeforelouwill beallowedtochange
other responses made prevlourly ln ttn form. lf you exp*rtence problems, dick on the nearest help button (@ I for
asrlstamg or con6ct Commisrlon staff at f orm5sQOferc.grOu.
Certain llnes in thls form will be automaUcrlly calculated based on rerponres to prev'lous llnes, with the relevant formutas
shown, You must respond to all of the previous llnes withln a sectlon bebre the results of an automatkaBy cakulated fleld
wlll b€ dBdayed. lf 1ou dlsagree wlth the resuhs of any automatic calculation on this form, contact Commission staff at
FoImIlSo&rc.sgy to dlscuss the dlscrepancy befure filing,
Youmustcompleteall linesinthlsformunlesstnsfuctedotherwlse. Donotaltcrthisformorsavethlsformlnadifferent
furmat lncomplet* or altered forms, or forms saved ln formats other than PDF, wlll be rdected.
How to File a Completed Form 556
Appllcants arc requlred to flle thelr Fonn 556 electrcntcally through the Commlrslon! eFlllng webslte (see lrutructhff on
page 1. 3y Rllng clectronlcally, you wlll leduce your f,llng burdep :ave paper rBsources, s:rve postag€ or (ourler charges,
help keep Commlsslon expenses to e mlnlmurq and rccet're a much faster conllrmatlon (vla an emall cont lning the docket
number asrlgned to your hclllty) that tlrc Commir:lon has recelved your ffllng.
lfyou areslmultaneously flllng both a walver request and a Form 556 as part of an appllcatlon for Commlssion certlflcatlon,
see the nWalver Requests" se(tlon on pa!,e 3 for more lnlormation on how to flle.
Papenruork Reduction Act Notice
Thls form ls approved by the Offlce of Managernent and Budgd. Gompllance wlth the information requlrements establlshed
by the FERC Form No.556 ls r€qulred to obtalnor malntaln status as a QF. See 18 Cf,R, 5 131.80 and Patt 292. An agency may
not conduct or sponsor, and a pelson ls not requlred to respottd to, a collectlon of lnformafon unles It dlsplays r curently
vdid OMB control number. The esUmaDed burden fur completlng the FEBC Form No.556, lndudrq ggthering rnd repofilng
information, ls as follows: 3 hours for self-certification of a small power productbn facnlg, S houn for self<ertlfications of r
cogeneration facllity, 6 hours for an applkatlon hr Commlrshn certificatbn of r rmall potuer produtlion fadtty, and 50 hours
fur an application for Commisslon certlflcatlon of a cogenemtlon facillty. Send cornments regarding thls burden estimate or
anyasp€ctof $lscollection of information, lncluding suggestlonsfortedudnEthls burden, to thefollowlng: lnbrmation
Oeannce Offlcer, Offlce of the Executive Dlrector (EF32), Federal Energy Regulatory Commission, 888 Flrst Street N.E.,
tltleshington, DC 20426 (CIttaClearar$sglfelg,Cqul; and Desk Officer for F[RC, Ofilce of lnformatton and Regulatory Affalrs,
Offlce of Management and Sudget Weshlngton, DC 20503 (oln-$bmir:ionegmb,Sap,Ss0 lnclude the Control No.
1 902-0075 ln any correspondence.
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/LB page 11. of 87
FERC Form 556 Page 2 - lnstructions
Electron ic Filing (eFiling)
To electronlcally file your Form 556, visltthe Commisslsn's QF webslte at wwwjfrc.ogv/OF and cllckthe eFiling link.
lf you are eFiling your ltrst document, you wlll need to register wlth your name, emall address, malllng address, and phone
number. lfyouarcreglsterlngonbehalfofanemployer,thenyouwlll alsonecdtoprovldetheemployername,alternate
contact name, alternate contact phone nurnber and and ahernate contact emall,
Once you are regl$ered, log ln to ef lllng wlth your reglstered emall addres and the password that you created at
reglstratlon. Follow the instructlons. When prompH, select one of the folbwlng QFrelated flllng typer, as apprcprlate,
from the Electrlc or General filing category,
Fillng category Fillng Type ar listed in eFlling Descrlptlon
Electrlc
(Fee) Applicatlon for Commlsslon Cert, as Cogeneration QF
Use to submh an appllcatlon for
Commission certifi catlon or
Commisslon recertlffcatlon of a
cogeneratlon faclllty as a QF.
(Fee) Applicatlon for Commlsslon Cert. as Small Power QF
Use to submlt an appllcatlon tui
Commlssion certification or
Commisslon recertlflcatlon of a
small power production faclllty as a
QF.
Self{ertificatlon Notlce (QF, EG, FC)
Use to submlt a notlce of self-
certlflcatlon of your fadllty
(cogeneratlon or small power
production) as a QF.
Self-Recertiflcation of Quallfylng Faclllty (QF)
Use to submlta notlce of self-
recertlfication of your faclllty
(cogeneratlon or small power
production) as a QF.
Supplemental lnformation or Request
Use to correct or supplement a
Form 556 that was submitted wlth
errors or omlslont or for which
Commission stafi has requested
additlonal lnfurmation, Do not use
this fllhg type to report new
<hanges to a facllity or its
ownershlp; rather, usc a self-
receftmcatlon or Commlssion
rccertlfication to report such
chapges.
General (Fee) Petition for Declantory Order (not under FPA Paft I )
Use to subrnlt a petltion for
declaratory order granting a walver
of Commission QF regulatlons
puEuantto 18 C.F,R.55 29220alal
(3) and/or 292,205(c). A Form 556 h
not requlred for a petltaon for
declaratory order unless
Commlsslon recertlflcatlon ls belrq
requested as paft ofthe p€tition.
Youwillbepromptedtosubmltyourffllngfee, lfappllcable,durlngtheelectronlcsubmlssionprocess. Flllngfeescanbepald
vla electronlc bank account deblt or credit card.
During the eFiling process, you wlll be prompted to select your file(s) for upload frorn your computer.
case 1:l-8-cv-00236-REB Document 7-s Filed 07/03/18 page tz at g7
FEBC form 556 Page 3 - lnstructlons
Filing Fee
No filing fee is lequired if you are submtttlng a self<ertlflcation or self-recertlflcatlon of your facility as a QF pursuant to l8
C,F.R.5 292.207(a).
A ffling fee ls requlred if you are flllng eitherof the followlng:
(l ) an applicatlon for Commlssion certification or recertlflcatlon ofyour facillty as a QF punuant to 18 C.F.R. S 292,2071b), ot
(2) a petitlon for declaratory order grantlng walver pursuant to 18 Ct.R. 95 292.204(aX3l and/or 292.205(c),
The current fees for appllcations for Commlsdon ceilmcailons and petltions for declaratory order can be found by visiting the
Commisslon's QF webslte at www.hrcgov/Q( and clicklng the Fee Schedule link,
You wlll be prompted to submit yourffling feg if applicable, during the electronic filing process described on page 2.
Required Notice to Utilities and State Regulatory Authorities
Pursuant to 1 8 C.F.R. 5 82j07(aXii), you must provide a copy of your self.ceilitication or request for Commlsrion certifkation
to the utllitles with whlch the hcllity wlll lnterconnectand/or ffansact, ar well as to lhe ttate regulatory authorltles of th€
statesanwhichyourfacilityandthoseutilitiesreside. Unk!toinformatlonabouttheregulatoryauthoritiesinvariousstates
can be found by vislting the Commlssion's QF website at www.ferc.oov/QF and clicklng the Notice Requirements link.
What to Expect From the Commission AfterYou File
An applkant flllng a Form 556 electronically will receive an email message acknordedglng recelpt of the llllng and showing
the dxket number assigned to the filing. Such emall is typlca lly sent within one burines day, but may be delayed pending
confirmation by the Secretary of the Commisslon of the contents of the filing.
An appllcant rubrnlttlng a setf<ertification of QF stetus should exped to r€celve no documents ftom the Commlsslon, other
than the electronlc acknowledgement of recelpt dercrlbed above. Consistentwlth ils name, a self-certlficathn l! a
cedflcaUon 6y tfi e appllcant ltxlf rhat thr hcllity meets the relevant requlrements for Qf $atus, and does not lnvolve a
determinatlon by the Commlsslon as to the $atus of the faclllty. An acknowledgement of recelpt of a self<ertlflcatton, in
particular, does not repesent r determlnatlon by the Commisslon wlth regard to the QF stetur of the facillty. An appllcant
self*erdfrlng may, howaner, rxelve a reJectlon, revocaUon or defldency letter lf lts applkatlon ls found, durlng pedodlc
compllance rarlews, notto comply wlth the televant requhements.
An applicant submlftlrg a request for Commlsslon certification will receive an order either grantlng or denying certlficatlon of
QF status, or a letter r€questlng additlonal information or rejertlng the appllcation. Purruafit to 18 C-F,B. g 29X207(bX3), the
Commisslon must act on an application for Commisslon certlllcation withln 90 days of ttB laterofthellllng date of the
appllcatlon or the ffling date of a supplemen! amendment or other change to the application.
Waiver Requests
18 C.F.R. I 292.2M(aX3) allows an applicant to request a waiver to modlfu the method ofcalculatlon pursuant tro l8 C.F.R. 5
292.204(aX2) to determine lf h,vo hcillties are consldered to be located at the same sit€, for good cause, I 8 CF.R. 5 292.205(c)
allows an applicant to r€quert wah,er of the requlremert! of t I C,F.fi" 95 292.2o5(a) and (b) for operalng and efllclency upon
a showlng that tlte hcllls wlll produce slgnlfcant energy savingrs. A request for waiver of these requlr.ments must be
submltted as a petitbn br declantory otder, with the spptopdate flllng fee for a petltlon for dedaratry od€r, Applicrnts
equesting Commlssion recertlflcatlon ar part of a lequert for watwr of one of these requhcments strould electronlcally
submlt thek mmpleted Form 5t6 abng wlth thelr petltlon for declaratory oder, nthet than ffllng thelr Form 556 .s a
separate reguest for Commissfon recertlffcation. Only the frllng fee for the pedtlon for declaratory order must be pald to
cwer both the wriver r€quest and the request for receftlficetlon lf such rcquests are mode slmultaneously.
l8 C.F-B,5 292.203(dX2) allows an appllcant to reguest a walver of the Fotm 556 flling requlrements, for good cause.
Applicants flling a petltlon for declantory order requestlng a walver under l8 C.F.R. S 292.203(dX2) do not need to complete
or submit a Form 556 with their petition,
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 13 of 87
FERC Form 556 Page 4 - lnstructlons
Geographic Coordinates
lf a street address doet not exist for yow facllity, then line 3c ofthe Form 556 requires you to report your faclllty's geographlc
coordlnates (latltude and longitude). Geographlc coordlnates may be obtalned from severaldlffurent sources. You can find
llnks to onllne servlces that show latltude and longltude coordinates on onllne maps by vlslting the Commlsslon's QF
webpage at ry1ry-w.fetEgo:aQl and clicking the Geographic Coordinates llnk, You may also be able to obtaln your geographlc
coordinates from a GPS device. Google Earth (available free at [lpJleodlf,Sp-ogle.guil, a property survey, various
engineering or constructlon drawlngq a ptoperty deed, or a municlpal or county map showing property lines.
Filing Privileged Data or Critical Energy lnfrastructure lnformation in a Form 556
The Commlsslont regulatlons provlde procedures for appllcants to elther (l ) request that any lnformatlon submltted wlth a
Forn 556 be glven prlvileged treatment because the lnfomatlon ls exempt from the mandatory public dlsclosure
requlrements of the Freedom of lnformatlon Ac[ 5 U.S.C. S 552, and should be wlthheH from public dlsclosure; or (0 ldentlfy
any documents contalnlng crttlcal energy lnfrdstructure lnformatlon (CEll) as deflned ln l8 (.F.R. 5 388.1 I 3 that should not be
made public.
lf you are seeking prMleged treatment or CEll status for any data ln your Form 556, then you must follow the procedures in 18
C.F.R" g 388.1 12. See ran&sr-lelcgllv/-u.lp.lfillNgrrids/fllqE-c-ljosBformore lnturmation,
Among other things (see l8 C.F.B, S 388.1 12 for other requlrements), appllcants seeking privileged treatrnent or CEll status for
data submitted ln a Form 556 must prepare and file both (l)a complete verslon of the Form.556 (containing the privlleged
and/or CEll data), and (2) a publlc verslon ofthe Form 556 (wfth the prlvlleged and/or CEll data redacted). Appllcants
preparing and flllnE these dlfierent verslons of thelr Form 556 must lndlcate below the securlly designatlon of this verslon of
theirdocument. lfyouarenotseeklngprlvllegedtreatmentorCEll ttatusbranyofyourFom556data,thenyoushouldnot
respond to any of the items on this page.
Ihe eFiling process described on page 2 will allow you to ldentlfy whlch verslons of the electronlc documents you submit are
publlc, prlvlleged and/or CEll. The filenames for such documents should begin with nPubllc', nPrlv', or'CEll{, as applicable, to
clearly indlcate the securlty deslgnatlon of the flle, Both versions of the Form 556 should be unaltered PDF coples of the Form
556, as available for download fiom www.[er.c,goy/QE. To redact data fiom the publlc copy of the submlttal, simply omlt the
relevantdatafromtheForm. Fornumerlcalflelds, leavethercdactedfieldsblanlc Fortextfleldrcompleteasmuchofthe
f eld as posslble, and replace the redacted portions of the field wlth the word 'REDACTED' in bnckets. Be sure to ldentlry
above3fl ffelds which contaln data for whlch you are seeking nonpubllc status,
Ihe Commlsslon ls not responslble for detectlng or cortectlng filer errors, tncluding thole snors related to securlty
designatlon. lf your documents contaln sensttlve lnformatloq make sure they are {iled using the proper security deslgnatlon.
treatment and/or CEll status for data contalned ln the torm 556 lines
indicated below. Thls non-public version of the appllcant's Form 556 contains all data, includlng the data that ls redacted
in the (sepalate) public venion of the appllcant's Form 556.
t{oa-Publle Appllcant ls seeklng
lndlcated below. Thls publlc verslon of the appllcants's Form 556 contalns all data g8(ept for data from the llnes
indicated bebw, which hat been tedacted.
Publlc (redactcdlr Appllcant is seeklng treatment CEll status for data contalned in the Form 556 lines
Prlvlhged; Indicate below whlch lines of your form contaln data for whkh you are seeklng prlvlleged treatment
Crltlsrl En:rgy lnfnrtructure lnlormrtlon (CElll: lndicate below whkh lines of your form contain data for whlch you are
seeklng CEll status
case i":18-cv-00236-REB Document 7-5 Filed 07/03/1g page 14 of 87
FEDERALENERGYREGULATORYCOMMISS]ON oMBcontror*re02-0075
WASHINGTON, DC Explratlon 06t30t201e
Fo rm 5 5 6 ;,.jff:ifl:i:H:lTl?#;::il,[;" status fora sma, Power
s
o
o
o
Q
q
Co
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la Full nameofapplicant(legal entityonwhosebehalfqualifyingfacllltystatuslssoughtforthlsfaclllty)
Franklj-n Energy Storage Four, ttc
lb Applicantstreetaddress
515 N, 27th Street
lc City
Boise
ld State/province
ID
le Postal code
83702
'lf Country (lf not Unlted States)lg Telephone number
[phone]
th HasthelnstantfacilityeverpreviouslybeencertifiedasaQF? Yesfi No l,.l
li lfyes,provldethedocketnumberofthelastknownQFfllingpertainingtothisfacility: QFrZ - 582 - 000
lJ Under whlch certlflcatlon process ls the applacant making this filing?
- Notlce of self-certiflcatlon r--t Appllcatlon for Commlsslon Gertlri(atlon (requires fllingE (see note below) Ll fee; see "Fillng Fee'sectlon on page 3)
Note: a notice of self-certiflcation ls a notice by the appllcant ltself that hs facillty complles wlth the requirements for
QF status. A notice of self-certlflcation does not ertabllsh a proceedlng, and the Commlssion does not revlew a
notice of self-certlflcation to verifo compliance. See the 'Whrt to Expect From the Commission After You File"
section on page 3 for more lnformation,
I k What type(r) of Qt rtatus ls the applicant seeklng for lts faclllty? (check all that apply)
rS Quallling small power production facility status ft Qualifuing cogeneration facility status
I I What is the purpose and expected effectlve date(s) of thls filing?
l' J Orlglnalcertlfication; facility expected to be installed by and to begin operatlon on
| . J change(s) to a previously c€rtified facility to be effectlve on
(ldentlfi type(s) of change(s) below, and descrlbe change(s) ln the Miscellaneour sectlon stailing on page 19)
i_l Name change and/ot other administratlve change(s)
i.l Change in ownership
al Change(s) atrecting plant equipment, fuel use, power productlon capaclty and/or cogeneratlon thermal output
'N Supplement or conection to a previous flling submltted on I / 2 6 / L't
(describe the supplement or correctlon ln the Miscellaneous sectlon starting on page l9)
1m lf any of the followlng three statements ls true, check the box(es) that describe your situation and complete the forrn
to the extent posslble, explalnlng any special clrcurnstancer ln the Mi:cellaneous section starthg on page 19.
,-- The lnstant facllity complles wlth the Commlsslon's QF requlrcmentr by vlrtue of a walver of certaln regulationsu prevlously gtanted by the Commisslon ln an order dated (speclfy any othcr relevant walver
orders in the Miscellaneour section startlng on page l9)
-., The lnstant facility would comply with the Commission's QF requlrements lf a petitlon for waiver submittedu concurrentlywlth this appllcatlon is granted
The lnrtant facillty complies with the Commission's regulatlons, but has specia! circumstancer, such as the
fJ employment of unlque or lnnovative technologies not contemplated by the structure of thls form, that make
the demonstratlon of compllance vla this form dlfficult or impossible (descrlbe ln Mltc. sectlon staning on p. l9)
FERC Form 556
case 1:18-cv-00236-REB Document 7-s Filed 07/03/Lg page 15 of g7
Page6-All Facilltles
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(,
o
o
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2r Nameofcontactpe6on
Peter Richardson
2b Telephone number
(208) 9s8-7901
Which of the followlng descrlbes the contact person'l relationshlp to the appllcant? (check one)
I Applirant (selfl [ Employee, owner or partner of applicant authorized to represent the applicant
f] Employee of a company affiliated wlth the appllcant authorized to represent the applicant on thir matter
[l Lawyer, coniultant or other representatlve authorlzed to represent the appllcant on thls matter
2d Company or organlzation name (lf applicant ls an individual, check here and sklp to llne 2e) [J
Franklin Energy Storage Four, LLC
2e Street address (if same as Applicant, rheck here and skip to line 3a)[l
2t City lg 5tate/province
2h Postal code 2l Country (if not United States)
tr
.9
(trtJo
!c(t,
tro
(U
IJ
'i:cog
=UG'LL
3a Facllity name
Eranklin Energy Storage Eour
3b Streetaddress(ifastreetaddressdoesnotexistforthefacility,checkhereandskiptoline3c)ffi
tc Geographlc coordinater: lf you lndlcated that no street address exlsts fol your faclllty by checklng the box in line 3b,
thenyoumustspecifithelatltudeandlongltudecoordlnatesofthefacilltyindegrees(tothreedecimal places). Use
the following formula to convert to decimal degrees fiom degrees, mlnutes and seconds: decimal degrees =
degrees + (minutes/60) + (seconds6600). See the'Geographlc Coordinatesr sectlon on page 4 for help. lf you
provlded a street address for your faclllty ln line 3b, then speclfylng the geographlc coordinates below ls optional,
Fl East(+)Lonsitude H *.rit-i 114 ' 602 desrees Larirude Hffil[l/ *3:1r"r,"",
3d Clty (lf unlncorporated, check here and enter nearest clty) fit 3c State/province
rlackpot
lf County (or check here for independent clty) .'.']
Twln Falls
Country 0f not Unlted States)
t/loZ
olc
(,oIAcG
ldentll, the electrlc utllltles that are contemplated to transact wlth the faclllty.
tle ldentlff utility interconnecting wlth the facility
Idaho Power Company
4b ldentify utilities providing wheeling service or checlt here if rrone fil
{c ldenti! utilities purchasing the useful electric power output or check here lf none ' l
Idaho Fower Company
4d ldentify utilities providing supplementary powe(, backup por,ver, maintenance power, and/or intenuptible power
service or check here it none I
2c
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 16 of g7
FER( form 556 Page7-All Facilities
ta Direct ownership as of effectlve date or ope.ation date: ldentifu all direct owners of the facility holding at least l0
percentequltylnterest. Foreachldentlfiedowner,also(1)indlcatewhetherthatownerlsanelectrlcutillty,as
deflned in sectlon 3(22) of the Federal Power Act {16 US.C.796(22)), or a holdlng company, as defined ln section
1262(8) of the Publlc Utllity Holdlng Company Act of 2005 (42 U.S,C. 16451(8)), and (2) for owners whlch are electric
utilities or holding companiel provide the percentage of equity lnterert ln the facillty held by that owner. lf no
dlrect ownels hold at least l0 percent equlty lnterest in the facillty, then provlde the requlred lnformation for the
tra,o direct owners with the largest equity lnterest ln the facllity,
EleArlc utility or lf Yes,
I Check here and contlnue in the Miscellaneous sectlon starting on page I 9 if addltional space is needed
2)
3)
4t
s)
6)
7t
8)
e)
t0)
tl) nobert A. Paul
Full legal names of dlrect owners
Yes[ No n _t
Yesfl No [t
Yes[ No !
Yes[ No f]
Yesfl No I
Yes[ No ft
Yes fl No fl
Yes[ No I
YesE No I
Yesf] No !
,t
t
t
t
t
,t
c
holding % equity
company interest
Upstream (i.e-, indirect) ownership as of effective date or opetation date: ldenti$r all upstream (1.e., lndlrect) owners
ofthe facility that both (1) hold at least 10 percentequlty Interest in the facility, and (2) are electric utilitiet as
deflned ln section 3(22) of the Federal Power Act (16 U.5C, 796\2211, orholdlng companies, as deflned in section
1262(8)ofthePublicUtilityHoldingCompanyActof 2005(42U.S.C.t6451(8)). Alsoprovldethepercentageof
equity interest ln the facllity held by such owners. (Note that, because upstream owners may be subsldiaries of one
another, total percent equlty lnterest reported may exceed 100 percent.)
Check here lf no such upstream owners exist. fil
% equity
Full legal names of electrlc utility or holdlng company upstream ownerr Interest
1)
2l
t)
4l
s)
6)
7t
8)
e)
101
t
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$
t
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*
*
a
t
-l Check here and continue ln the Mlscellaneous sectlon starting on page t 9 lf addltlonal rpace is needed
o
IE
oo.oro
o
.g.C,yt
0tc3o
5c ldentlfi thefacilityoperator
Franklin Energy Storaqe Four, LLC
a
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page L7 at 87
FERC Form 556 PageS-All Faclllties
6r Describe the primary energy lnput (checkone maln category and, if appllcable. one subcategory)
f] Btomass (specif)) ffi Renewable resources (speci!)
E Landfill gas ! Hydro power- rlver
[] Manuredlgestergas f] Hydropower-tldal
! Municlpal solid waste D Hydro power- wave
! Sewagedlgestergas I Solar-photovoltalc
I Wood I Solar-thermat
E Other blomas (describe on page 19) E Wind
flwaste(specrfitypeberowrnrine6b) I ff1frff::xr$Ji6""-
! Geothermal
I Fossll tuel(speclfu)
O Coal (not warte)
I Fuel oll/dlesel
I Natural gas(not warte)
- Other fossll fuelU (descrlbe on page l9)
E Other (descrlbe on page 19)
lf you speclfled 'waste'' as the prlmary energy input in line 6a, lndlcate the type of waste fuel usedl (check one)
I Waste tuellisted in 18 C.F.R. 5 292.202(b) (specify one of the following)
I Anthraclte culm produced prlor to July 23, 1 985
r--1 Anthraclte refuse that has an avenge heat content of 6,000 8tu or les per pouM and has an averageu ash content of45 percentor more
,- Eituminouscoalrefusethathasanaverageheatcontentofg,50OBtuperpoundorlessandhasan
" average ash content of25 percent or mor€
Top or bottom subbitumlnous coal produced on Federal lands or on lndlan lands that has been
- determlned to be waste hy the Unlled States Department of the lnterlor's Bureau of Land Managementu (BLM) orthrt is locrted on non{cderalor non-lndlan lands outside of 8LM'sJurlsdlctlon, provided that
the applicant shows that the latter coal is an extension of that determined by BLM to be wrste
Coal refure ptoduced on Federal lands or on lndlan lands that has been determlned to be waste by the
E BLMorthatlslocatedonnon-Federal ornon-lndianlandsoutsideofBlM'sjurlsdlctlon,provldedthat
appllcant shows that the latter is an extenslon of that determlned by BLM to be warte
- Llgnlte produced ln association wlth the production of montan wax and llgnlte that becomes exposedu as a result ofswh a mlning operation
! Gaseous fuels (except natural gas and synthetlc aas ftom coal) (descrlbe on page l9)
Warte natural gar fiom gas or oil wells (dercribe on page l9 how the gas meets the requirements of l8
tr C.F.R. S 2.400 for waste natural gas; include wlth your ffllng any materlals necessary to demonstrate
compliance wlth 18 C.F"R.5 2.400)
D Materials that a government agency has certified for disposal by combustlon (describe on page l9l
! Heat fiom exothermlc reactlons (descrlbe on page 19) E Besldual heat (describ€ on page 19)
g Usedrubbertires I Plastlcmaterials I Reflneryoff-gas ! Petroleumcoke
Other waste energy input that has llttle or no commerclal value and exlsts ln the absence of the quallfylng
f] facllity industry (descrlbe ln the Mlscelaneanc section startlng on page 1 9; include a discussion of the fuel'r
lack of commerclalvalue and existence ln the absence of the qualifing facillty industry)
gas 0 Btu/h 0Vo
o Btu/h 0oh
0 8tt/h 0%
to.c
E'I
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6c Provide the average energy lnput, calculated on a calendar yea r basit in terms of Btu/h for the followlng fossll fuel
energy inputt and provide the related percentage of the total average annual energy input to the facility (1 8 C.F.R. 5
292.202tn11. For any oil or natural gas fuel, use lower heating value (18 C.F,B. 5 292.202(m)).
Annual average energy Percentage oftotal
Fuel for fuel annual
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 18 of g7
FERC Form 556 Page9-All Facllltles
a
lndicate the maximum gross and maximum net electric power productlon capacity of the facility at the polnt(slof
bycompletingtheworksheetbelow, Respondtoall items. lfanyoftheparasiticloadsand/orlossesldentlfied
7b through 7e are negligible, enter zero for those llnes.
32 000
The maximum gross power production capacity at the terminals of the individual generato(s)
the most favorable anticlpated deslgn conditions
7b Parasitlc station power used at the facility to run equlpment which ls necessary and lntegralto
the power productlon process (boiler feed purnps, fans/blowert offlce or malntenance bulldlngs
directlyrelatedtotheoperationofthepowergeneratlngfaclllty,etc,). lfthisfacllityincludesnon-
power productlon processes (for lnstance, power consumed by a cogeneratlon facllitys thermal
host) , do not lnclude any power consurned by the non"power production activltles ln your
reported parasitic station power.10
7c Electrical losses in intarconnectlon transformers
434
920
Electrical losses in AC/DC conversion equipment, if any
6365
7e Other interconnection losses in power lines or facilities (other than transformers and AC/DC
conversion equipment) between the terminals ofthe generator(s) and the point of lnterconnection
the
,JC0 .0 kw
7f Total deductions from gross power production capacity =7b+7c+7d+7e
25 ooil . il kW
79 Maximum net power production capacity =7a-71
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7h Description of facility and prlmary components Descrlbe the facility and its operation. ldentifo all boilers, heat
recovery steam generators, prime movers (any mechanical equipment drivlng an electrlc Aeneratot), electrlcal
generators, photovoltaic solar equipment, fuel cell equipment and/or other prlmary powergeneratlon equipment
used in the facility. Descriptions of components should include (as applicable) speciflcations of the nomlnal
capacities for mechanlcal output, electrlcal output, or steam generatlon ofthe ldentlfled equlpment. For each plece
of equipment identified, clearly indicate how many pleces of that type of equipment are lncluded in the plant, and
which components are normally operating or normally in standby mode. Provide a description of how the
components operate as a system. Applicants for cogeneration facillties do not need to describe operatlons of
systems that are clearly deplcted on and easily underitandable from a cogeneration facllitys attached mass and
heat balance diagram; however, such applicants should provide any necessary descrlption needed to understand
the seguentlal opentlon of the faciltty deplcted in their mass and heat balance dlagram. lf additional space ls
needed, contlnue ln the Miscellaneous section starting on page 19.
The projecL consists of an energy storage system QuaLifying Facility providing
scheduled and dispaEchable eLectrlctty in forward-Iooking time blocks. The
energy storage system that comprises the energy storage Qualifying Pacility is
designed to, and will, receive l00t of its en€rqfy input from a combinatlon of
renewabLe energy sources such as wind, solar, biogas, bionas, etc. The current
lnitial design utilizes solar photovoltaic (PV) modules mounted to single-axis
trackers to provide the electric energy input Lo the Qualifying Facilityrs
battery st,orage syst.em, The PV modules are planned to be connected in serles,/
paraJ.leI combinations to solar j-nvertersr raeed approv.imaEe.Ly 2.5 MWac each,(subject to change). The proposed electric energy storage Qualifying Facility
will consist of an electro-chemical battery and will have a maximum power output.
capacity of 25 Mnac for a susLained time period of 5 - 60 minutes. The Facility
wi]1 conslsB of an alternating current (AC) to direct current (DC) conCrol
system. The Qualifying Eacility will be utilized to provide Ehe purchaslng
utility with pre-scheduled and dispatchable AC energy within pre-determined timeblocks. The sole source of elecIric power and energy provided to the purchasingt
utility will be the electro-chernical reaction giving rlse to the discharge of
electric power and energy by t.he battery. In turn, the sole direcL source of
energy input provided Eo the battery Facilily will be, as described above,
renewable sources.
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/LB page 19 of g7
FERC Form 556 Page 10 - Small Power Production
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Pursuant to l8 C,F.R, S 292.204(a), the power productlon capaclty of any small power production facllity, together
wlth the power productlon capacity of any other small power productlon facllltles that use the same energy
resource, are owned by the same person(s) or lts afffllates, and are located at the same site, may not exceed 80
megawatts. Todemonslratecompllancewlththissizelimltation,ortodemonstratethatyourfacllltylsexempt
from this size limitation under the Solar, Wind, Waste, and Geothermal Power Productlon lncentlves Act of 1990
(Pub. L l0t-575, I 04 Stat. 2834 (1 990) aramendedbyPub,L.102-46,105 Stat.249 (1991)), respond to llnes 8a
through Ee below (as appllcable).
l8r Hentifo any facllities with electricalgeneratlng equlpment located within I mile of the electrlcal generatlng
equipment of the instant facllity, and for whlch any of the entities identifled in llnes 5a or 5b, or their affillates, holds
at least a 5 percent equity lnterest.
Check here lf no surh facllttler exlst. ffi
Faclllty location
(clty or county, state)
Root docket #
(if any)
QF.
QT
Maxlmum net power
Cornmon owne(s) productlon capacity
KW
KW
KW
1)
2)
3)
[--l Check here and continue in ttre Miscellaneous section starting on page I 9 if additional space ls needed
8b The Solar, Wind, Waste, and Geothermal Power Production lncentives Act of 1990 (lncentives Act) provldes
o(emption fiom the slze llmitations ln 18 C.F.R. S 292.2M(alfor certaln facilities that were certlfred prior to t995.
Are you seeking exemption from the size limltatlons in 18 C.F.R.5 292.104(al[virtue of the lncentives Act?
f] Yes (contlnue at llne 8c below) [t No (skip lines 8c through 8e]
8s Wastheorlglnal noticeofself-certlflcationorappllcatlonforCommissioncertificatlonofthefacilityfiledonor
before December3l,1994? Yesl-i No il
Sd DldconstructionofthefacllltycommenceonorbeforeDecember3l, 1999? Yes['] No l.j
8e lf you.answered No ln line 8d, lndlcate whether reasonable dlllgence was exercised toward the completion of
thefaclllty,taklnElntoaccountallfactorsrelevanttoconsttuctlon? Yes[_j No [] lfyouamtJteredYes,ptovide
a brhf naratlve explanatlon ln the Mlscellaneous sectlon startlng on page l9 of the constructlon tlmeline (ln
partlcular, describe why construction started so long after the faclllty was certified! and the dlllgence exerclsed
toward completlon of the facility.
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Pursuant to 18 C.F.R. 5 292.204(b), qualifying small powet production fac[itles may use fossil fuels, In minimal
amounts, for only the following purposer: lgnltion; start-up; testlng; flame stabllizatlon; control u5e; alleviation or
prevention of unanticipated equipment outages; and allevlatlon oI preventlon of emergencies, directly affectlng
the public health, safety, or welfare, which would result ftom electrlc power outages. The rmount of fiossil fuels
used for these purpos€s may not exceed 25 percent of the total energy lnput of the facillty durlng the 1 2-month
perlod beginning with the date the facility first produces electric energy or any calendar year thereafter,
9r Certificationof compliancewith 1EC.F,R.5292.204(b) wlthrespecttousesoffossll fuel:
[J Appllcant certifies that the faclllty will use fossll fuels excluslvely for the purpores llsted above.
9b CertiflcaUonofcompliarrewlth18C.F,R.S292.20a(b)wlthrespecttoamountoffossllfuel usedannually:
Appllcant certifles that the amount of fossl! fuel used at the facility wlll not, in aggregate, exteed 25
fi percent of the total energy lnput of the facility durlng the l2-month perlod beglnnlng with the date the
facility f,rst produces electrlc energy or any calendar yearthereafter.
lnformation Required for Small Power Production Facility
lf you lndlcated ln llne 1 k that you are seeking quallfylng small power production facillty status for your facllity, then you
must to the ltems on thls 10.
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case L:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 20 of 87
FERC Form 556 Page 11 -Cogeneratlon Facillties
Puruant to l8 C.F.R. 5 292.202(c), a cogeneration faclllty producer electrlc energy and forms of usefulthermal
energy (such as heat or steaml used for fndustrlal, commerclal, heatlng, or coollng purposes, through the sequentlal
useofenergy. PursuenttolSC,F.R.$292.2021s1,'sequentlal use'ofenergymeansthefollowing:(llforatopplng-
cycle cogeneratlon facllity, the use of reject heat from a power production process in sufflcient amountr ln a
thermal appllcatlonorprocesstoconformtotherequirementsdtheoperatingstandardcontalnedln l8C.F-R,5
292,205(a); or (2) foi a botbming-cycle cogeneratlon faclllty, the use of at least some rcJect heat from a thermal
application or process for power productlon.
t0r What type(s) of cogeneration technology does the faeility represent? (check all that apply)
flTopping-cyclecogeneratlon 1_lBottornlng-cyclecogeneratlon
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'l0b To help demonstrate the sequentialoperation of the cogeneratlon process, and to support compliance wlth
other requlrem€nts such as the operating and efflclency standards, lnclude wlth your fillng a mass and heat
balance dlagram deplcting average annualoperatlng conditions. This diagram must lnclude certain ltems and
meet certaln requirements, as dercflbed below. You must check next to the descrlption of each requlrement
below to certify that you have complled wlth these requirernents.
Check to certify
compllance with
lndlcated requlrement Requlrement
,",
Diagram must show orlentation withln rystem plping and/or ducts of all pdme moveri
heat recovery steam generators, boilers, electrlc generato6, and condensers {as
applicable), as well as any other prlmary equipment relevant to the cogeneration
prccess.
Any average annual values required to be repofted in llnes I 0b. I 2a, I 3a, I 3b, l3d. 1 3f,
14a, l5b 15d and/or 1 5f must be computed over the antlcipated hours of operatlon.
Olagrtm must spedf all fuel lnputs by fuel type and average annual rate ln 8tu/h. Fuel
for supplementary llllng should be speclffed separately and clearly labeled. All
specallcatlons of fuel lnputs shoutd use lower heatlng values.
DIagBm must specify ar/erage gross electric output ln kW or MW for each generator.
Dlagram must ip€clfy.venge mechanical oulput (that is, any mechanlcal energy taken
off of the shaft of the prlme motrers for purposes not dlrectly r€lited toelectrlc power
generation) ln horsepower, lf any. Typlcally, a cogeneratlon faclllly has no mechanical
output.
At each point for which worklng ffuid llow ondftlons are requlred to be spxifled (see
below), such flow condltlon data must lnclude ma$ flow rate (ln lb/h or kg/s),
temperature 0n T. &'C or 10, rbsolute prcrur€ (ln psh or kPal and enthalpy (ln Btu/lb
or kl/kgl. Exceptlon: Forsystemrwhelethewo*lng lluldlsfiquldonly(novaporatany
polnt ln the cyclel and where the type of llquld aad speclffc heat of that llquld arc chady
lndlcated on the dlagnm or ln the Mlrellaneous sectlon startlng on prge 19, only mass
flow rate and temperature (not prersure and enthrlpy) need be speclfled. For reference
speclflc heat at standard conditlons for pure llquld water Is approxirnarcly 1.002 8tu/
(lb'R) or,1.195 U/(kgrK).
Dlag*rm must speclfy working lluid flow condltions at input to and output from each
steam turblne or other expanslon turbbre or back-pressure turblne.
Diagram must speciff working fluid flow conditlons at delivery to and return ftom each
thermal application.
Diagram must specifiT wo*lng fluld flow condltlons at make-up water lnputs,
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lnformation Required for Cogeneration Facility
lfyou lndicated ln llne I k that you are seeklng cogeneration faclllty status fot your faclllty, then you must respond
to the ltems on ll 13.
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I1 13.
case 1:18-cv-00236-REB Document 7-E Filed 07/03/18 page 2L al 87
FERC Form 556 Page l2 - Cogene.atlon Facllitles
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EPAct 2005 cogeneration facllities: The Energy Policy Act of 2005 (EPAct 2005) established a new section Z1 0(n) of
Publlc Utlllty Regulatory Policles Act of 1976 (PUBPA), 16 USC 824a-3(n), wfth addltional requlrernents for any
cogeneration facllity that (1) ls seeklng to rell electric energy pursuant to section 2 l0 of PURPA and (2)
was either not r cogeneration faclllty on Augurt & 2005, or had not flled a self-cerflftcation ot appllcatlon for
Commlsslon certlflcatlon of QF status on or before February 1, 2006. These requlrements were implemented by the
Cornmlsslon ln 18 C.F3. 5 292.205(d). Complete the llnes below, carefully followlng the instrurtions, to demonstrate
whether these addltional requltements apply to your cogeneration tacility and, lf sq whether your facility complles
wlth such requirements.
I le Was your faclllty operatlng as a quallfylng cogeneration hclllty on or before August 8,Yesl-NoI2005?
llb Wastheinltial filingseekingcertlficationofyourfaclllty(whetheranoticeofself-certificationoranapplication
for Commission certilication) filed on or before February 1r 2006? Yes No
lf the answerto eltherllne 11a or I lb is Yes, then contlnue at llne ltc below. Otherwise, ifthe answersto both llnes
llaand llbareNo,to line I 1e below.
I tr With respect to the design and operatlon of the facllity, have any changer been lmplemented on or after
February 2, 2006 that affect general plant operatlon, affect use ofthermal output, and/or lncrease net power
productlon capaclty from the plant's capacity on February I, 2006?
1-_] Yes (continue at line t Id below)
No. Your facillty is not subject to the requirements of 18 C,F.R. 5 292.205(d) at thls time. However, it may berl subject to to these requirements in the future if changes are made to the facility. At such time, the applicant
would need to recertify the faclllty to determine ellgibility. Sklp llnes 1 ld through I lJ.
1 td Does the applicant contend that the changes ldentlfled ln llne I lc ate not so slgnlflcant as to make the facllity
'new" cogeneration facility that would be subject to the l8 C.FJL S 292.205(d) cogeneration requirements?
Yes. Provide ln the Miscellaneous sectlon starting on page I 9 a descrlptlon of any relevant changes made to
l- l the facility (includlng thc purpose of the changes) and a dlscurslon of why the facility should not be
considered a nnew" cogeneration facllity ln llght of these changes. Sklp llnes 1l e through I I j.
No. Appllcant stlpulates to the fact that lt b a "neilv' cogeneration faclllty (for purposer of determlning the
r --1 appllcabillty of ttr requirements of l8 C.F.B. S 292205(dD by vlrtue of modlffotlons tothe facility that were
initiated on or after Febtuary 2, 2006. Contlnue below at line I le
f le Will electrlc energy from the facility be sold pursuant to section 210 of PUBPA?
, . Yes. The facllity is an EPAct 2005 cogenentlon facillty, You must demonstrate compliance with l8 C.F.R, 5l- J zs:.zoSOX2) by contlnulng at llne I tf below.
No. Appllcent certlfles that enegy wlll not ba sold punuant to sectlon 210 of PURPA, Appllcant Eko certilter
.--1 lts understandlng that lt must mcertlff |tr faclllty ln oder to det€rmane compllance with the requlrerrents of
' I t8C.F.Rs2g22o5ldlbeforeselflngenergypursuanttosectlon2l0of PURPAlnthefuture. lklpllnesltf
through 1 lf.
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I tf ls the net power production capaclty ofyour cogeneration facility, as indicated ln line 79 above, less than or
equalto 5,000 kW?
Yes, the net power productlon capaclty lr lers than or equal to 5,000 kt/u. t I C.F8. I 292205tdX{) provldes a
rebuttable presumptlon thitcogeneratbn facllltlesof 5,000 kW and rmrllercapetltycomply wlth the
requlremen$ for fundarnental use of the hcllltyS emtgy output ln l8 C-F.R, 5 292.205(dx2l. AppllGnt
re*ilies lts undertandlng that, should th€ pounr productton opacity of the hcillty lnoease above 5000
kW, then the facility must be recertlfled to (among cther thlagr) demondrate compilanae 'r/lth 18 CF.R.5
292.20s(dx2). Skip llnes 119 through 1 1j.
No, the net power production capxlty ls gfeatet than 5,000 kW, Demonstrate @mpliane with the- reguirements for fundamental use of the fadlltfs energy output ln 18 C.F.R. g 292.205(d){2} by continuing on
the next page at llne I 1 g.
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 22 at 87
FERC Form 556 Page l3 - Cogenentlon Faclllties
I I g through I I k below guide the applicant through the process of demonstratlng compliance with the
for"fundamental use"ofthefacllity'senergyoutput, 18c,F.R,5292.205(dX2). Onlyrespondtothe
llnes on this page lf the lnstructions on the previous page dlrect you to do so. Otherwlse, sklp thls page.
l8 C.F,R. 5 292.205(d)(2) requires that the electrlcal, thermal. themlcal and mechanlcal outputorf an EFAct 2fi)5
The Commission's regulations provide a twcpronged apptoach to demonstrating compliance with the
requlrernents forfundamental use of the hdlity's energy ou$ut First, the Commission has established ln I I C.F.R.
5 292205(dX3) a 'fundamental u5e test' that can be used to demonstrate compliance wlth l8 C.FR 5 292205(dX2).
Underthe fundamental use te& a facillty Is considered to comply wth t a C.F,R, 5 292,205(dX2) if at least 50 percent
of the facillty's total annual energy output (including electrical, thermal, chemlcal and rnechanlcal energy outputl is
used for lndustrlal, commercial, residentlal or lnstitutlonal purposes.
chemlcal and mechanlol output of an EPAct 2005 cogenerafton hdllty k used fundamentally br lndrrtdal,
commerclal, resldential or institutional purposes and is not lnterded fundamentally for sale to an electrlc utllig,
taklrg into account technologlcd, efflclency, economlc, and rrarlable thermal energy requlrements, as well as state
laws applicable to sdes of electrlc enetgy from a quallfying faclllty to its host faclltty.
Complete lines I lg through l lj below to determine compllance wlth the fundamental use test ln l8 C.F.R. S
292.205(dX3). Complete llnes I 19 through 111even lf you do not lntend to rely upon thefundomental utetest to
demonstrote complhnce wlth rS C.F.R. 5 292.205(d)(2),
and mechanical energy output (net
plant losses and parasltlc loadsl expected to be used annually for lndustilal,
thermal,llg Amountof
and not sold to an electrhresidential or instltutlonal
I I h Total amount of electrlcal, thermal, chemlcal and mechanical energy expected to be
sold to an
1 t I Percentage oftotal annual energy output expected to be used for lndustrlal
commercial, residentlal or lnstitutional purpores and not sold to a utility
= l00i 1 lltt +1rh)
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I lf ls the response ln llne 1 t I greater than or equal to 50 percent?
Yes. Your faclllty complies wlth l8 C.f.R. 5 292,205(dX2) by vlrtue of passlng the fundrmantal use teit
prwlded ln 18 CFff. 5 292205(dX3). Appllant certifl$ ia understandlng that, if lt is to rely upon pasrlng
I I the fundarnerdr]urets$as a basisbromplylfrg wfth tqc.FL g 292.205(dX2), then the fadlity must
comply wtth the fundrment l use test both ln tle l2<nonth perlod beginning wlth the date the faclllty flrst
prodr.re r etectrtc energy, and ln dl subsequent cahndar years,
No. Your facility doer not pass the fundamental use test. lnstead, you must prwlde ln the Mlscellaneous
section startlng on pag€ t9 a narratlve explanatlon of and supporl for why your faclllty meets the
requlrement that the electdcal thermal, chemical and mechanlcal output of an EPAct 2005 cogeneration
facillty is used fundamentally for lndustrlal, commercial, residentlal or institutlonal purposes and ls not
lntended fundamentally for sale to an electric utlllty, taking lnto account technologicaI efficiency, economic,
and variable thermal energy requlrem€nts, as well as state laws rppllcable to sales of electric energyfrom a
QF to lts host facility. Applicants provldlng a naratlv€ explanation of why theh faclllty should be found to
. . . comply wlth 18 C.F.R. S 292.205(dX2) in splte of non-compllance with the fundamental use test may want to
revlew paragraphs 47 through 6l of Order llo.571 (accesrlble from the Commission's QF website at
www.ferc.gov/QF), which provlde dlscusslon of the facts and circurnstances that may support their
explanatlon, Applicant should also note that the percentage reported above will establish the standard that
that faclllty must comply wlth, both for the l2-month period beginnlng wlth the date the faclllty llrst
produces elecMc energy, and ln all subsequent calendar years. Jee Order No, 671 at paragraph 51. As such,
the applicant should make sure that ft reports approprlate values on lines l lg and I t h above to terve as the
relevant annual standard, taklng lnto account expected variatlons ln productlon conditions.
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case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 23 of 87
FERC Form 556 Page l4 - Topping-Cycle Cogeneratlon Facilltlet
lnformation Required for Topping-Cycle Cogeneration Facility
lf you lndicated ln llne 'l0a that your facility represents topplng-cycle cogeneratlon technology, then you must respond to
the itemr on 't4 and 15.t4and 15.
othermalenergy output of a topplng-cycle cogeneration faclllty ls the net en€rgy made avallable to an Industrlal
or commer<lal process or used In a heatlng or coollng appllcatlon. Pursuant to sections 292.202(c), (dl and (h) of the
Commlsslon's regulatlons (18 C,F.R. SS 292.202(c), (d) and (h)), the thermal energy output of a qualifying topplng-
c1rcle cogeneratlon facllity must be useful. ln connection with this requlrement, describe the thermal output of the
topping-cycle cogeneration faclllty by responding to lines 12a and 12b below.
r 2a ldentify and describe each thermal host, and specifi the annual average rate of thermal output made avallable
to each host for each use, For hosts wlth multiple uses of thermaloutpuq provlde the data for each use in
se?onte rcw' Average annual rate of
thermaloutpul
atkibutable to use {net of
Name of entlty (thermal host) Thermal host's relatlonship to faclllty; heat contained ln process
taklng thermal output Thermal host's use of thermal output return or make-up water)
thermal host'c tor)
thermal host's use of thermal
thermal host's to
tlrermal host's use of thermal
thermal host's to
thermal host's use of thermal
thermal host's to
thennal host's use of thermal
thermal host's tos)
thermal hosr's use oither'nral
thermal host's rela to
host's use of thermal
fJ Check here and contlnue ln the Miscellaneous sectlon starting on page 19 lf addltional space b needed
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rlOoEutLvr O)o_cc.j-:,ovl:)t2b Demonstratlonof usefulnessofthermaloutputl Ataminlmum,provldeabilefdesotptlonofeachuseofthe
output ldentified above. ln some cases, this brief descrlption ls rufficient to demonstrate usefulness,
However, lf yourfacility's use of thermal output ls not common, and/or if the usefulness of such thermaloutput is
not reasonably clear, then you must provlde additional details as necessary to demonstrate usefulness. Your
applicatlon may be reiested and/or additional lnbrmatlon may be requlred lf an insufficient showing of usefulnes
ls made, (Exception: lf you have previously received a Commission ceftlfication approvlng a speclfic use of thermal
output related to the lnstant facility, then you need only provide a bdef descrlptlon ofthat use and l refetence by
date and docket number to the order certifylng your faclllty wlth the indicated use. Such exemptlon may not be
used if any change creates a materlal devlation from the prevlously authorlzed use.) lf addltional space is needed,
continue ln the Mlscellaneous sectlon ltaftlng on page 19.
Btu/h
2)
Btu/h
3)
Btu/h
4l
Btr r/h
Btu/h
6)
8tu/h
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 24 ol BT
FERC Form 556 I 5 - Topplng-Cych Cogeneratlon Facilities
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I Applicants for facilities representing topping-cycle technology must demonstrate compliance with the toppingr
cycle operatlng standard and, lf appllcable, efficlency standard. Sectlon 292.205(aXllof the Commlssion's
regulations (1 I C.F.R. 5 292.205(aXt)) establtshes the operatlng standard fortopplng-cycle cogeneration factllties:
the useful thermal energy output must be no less than 5 percent ofthe total energy output. Section 292.205(aX2)
(18 C.F.R. S 292.205(aX2)) establlshes the efficlency standard fortopplng-cycle cogenention facillties for which
lnstallatlon commenced on or after March 13, 1980: the useful power output of the facility plus one-half the useful
thermal energy output must (A) be no less than 42.5 percent ofthe total energy lnput of natural gas and oll to the
facillty; and (B) lfthe useful thermal energy output ls less than l5 percent ofthe total energy output ofthe facility,
be no lers than 45 percent of the total en€rgy input of natural gas and oll to the faclllty. To demonstrate
compliance with the topping-cycle operatlng and/or efflclency standards, or to demonstrate that your facllity is
exempt from the efficlency standard based on the date that installation commenced, respond to lines l3a through
'l3l below.
lf you indicated in llne 10a that yourfacllity represents 6otft topping-cycle and bottoming-cycle cogeneratlon
tedrnology, then rerpond to llnes l3a through t3l below conslderlng only the energy lnputs and outputs
attlbutable to the topplng-cych podon of your faclltty. Your mass rnd heat balance dtagnm must make cleai
whlch mass and energyflowvalues and system components arc hrwhlch portlon (topplngorbottomlngl of the
1!r lndicate the annual average rate of useful thermal energy output made available
to the net of
llb lndlcate average rate energy outputannet
KW
by 3,41 2 to convert from kW to Btu/h13c M line t
annual avenge rate of mechanical energy output taken dlrectly
of the shaft of a prlme mover for purposes not dlrectly related to power productlon
1
zero)(thls value ls
t lc Multiply line l3d by 2,544 to conveft from hp to Btu/h
lndicate the annual average rate ofenetgy input from natural gas and oil
ttg lopplng-cycle operating value= t00+ l3a/(13a + l3c+ l3e)
tlh Topplng-cycle =
,l00 * (0.5*l3a + l3c +'l3e) / 13f
l3i Compliance wlth operating standard: ls the operatlng value shown ln line l39 greater than or equal to 5%?
,'-.1 Yes (complles wlth operating standard) ;l No (does not comply wlth operatlng standard)
l3j DidlnstallatlonofthefacllltyinltscurrentformcommenceonorafterMarchl3, 1980?
l. ., Yes. YourhcltltylssubJecttotheefficlencyrequlrementsof 18C,F.B,$292J05(a)(D, Demonstrate
' J compliance wlth the effidency requlrement by responding to line 13k or l3l, as applicable, belo,rr.
iJ No. Yourfacilityisexemptfromtheefflclencystandard. Skipllnes l3kand 1ll.
ttk Compliancewithefficiencystandard(forlowoperatingvaluel: lftheoperatingvalueshownlnllnel3gisless
l5%, then indlcate below whether the efficlency value shown in line I 3h greater than or egual to 45%:
Yes (complles with efflciency standard)No (does not compiy with efflciency standard)
T'Ctro.9P!
iEU
g.'SoE
+E>/vauttrc(u6u
TE
t 3l Compliance wlth efficlency standard (for high opentlng value): lf the operating value shown in line 1 39 is
greater than or equal to l5%, then lndlcate below whether the efficiency value shown in line 'l3h is greater than or
equal to 42.5%:
'l Yes (complles wlth efliciency standard) ,-"1 No (does not comply with efficiency standard)
Btr r/h
c Btu/h
ho
o Btu/h
13f
Stu/h
o!6
o9lt
case 1:18-cv-00236-REB Documenr 7-s Filed 07/03/18 page 2s af 87
FERC Form 556 Page 'l6 - Bottomlng-Cycle Cogeneration Facillties
lnformation Req ui red for Bottom ing-Cycle Cogeneration Facility
lf you indlcated in line t0a that your facllity represents bottoming<ycle <ogeneratlon technology, then you must respond
to the ltems on l6andl7,l6 and I oThe thermal energy output ofa bottomlng-cycle cogeneratlon faclllty l: the energy lelated to the process(es) from
whlch at least some of the reject heat is then used for power productlon, Pursuant to sectlons 292.202(c) and (e) of
Commission's regulatlons (18 C.F.R.5 292.202(c) and (e)), the thermal energy output of a quall&lng bottomlng-
ln connection wlth this requirement, desolbe the plocess(es)
power productlon by respondlng to llnes 14a and l4b below.
bemust useful.facilitycogeneratlon
ofthe50me heat usedt5 forleastatreject
fiom
l{a ldentlff and describe each thermal host and each bottoming<ycle cogeneratlon process engag€d in by each
hosl. For hosts wlth multiple bottomlng-cycle cogeneration processes, provlde the data for each process in
seqorute rcw' Has the energy input to
Name of entity (thermal host) the thermal host been
performing the process from augmented for purposes
which at least some of the of lncreasing power
reject heat ls used for power Thermal hosfs relationship to facillty; productlon capaclty?production Thermat host's process type (if Yes, describe on p, 19)
thermal host's to
thermal host's
1)Yest j Nol. j
thermal host's to2)
thermal
Yes ,-.l No t', I
thermal host's to
thermal
Yes r_-f No il i
i*l Check here and contlnue ln the Miscellaneous section starting on page t 9 lf addltional space ls needed
o
U
U
acD
trcLE5E9EO r!f*- CotraOE€c'=oyt:)
lab Demonstrationof usefulnessof thermal output Atamlnlmum,provldea brlef descrlptlonof eachprocess
ldentlfled above, ln some cases, thls brlef dercrlptlon ls sufilcaent to demonstrate usefulness. However, if your
faclllty's process ls not common, and/or if the usefulness of such thermal output ls not reasonably clear, then you
must provlde addltlonal detalls as necessary to demonstrate usefulness, Your application may be rejected and/or
additional informatlon may be requlred lf an lnsufflclent showlng of usefulness ls made. (Exceptlon: lf you have
recelved a Commlslon certlffcation approvlng a specific bottomlng-cycle process related to the lnstant
facillty, then you need only provlde a brlefdescrlptlon ofthat process 6hd a reference by date and docket number
to the order certiffing your facillty with the indlcated process. Such exemptlon may not be used if any materhl
changes to the process have been made.) lf additlonal space ls needed, contlnue in the Miscellaneous section
startlng on page 19.
3)
case 1:1-B-cv-00236-REB Document 7-5 Filed 07/03/18 page 26 ol 87
FERC Form 556 17 Facllltles
o
o
o
o
for facilities representlng bottoming-cycle technology and for
1990 must demonstrate compliance wlth the bottomingcycle
the Commission's regulatlons (18 C.F.R.5 292.205(bl) enaHishes the efficlency standard for bottomlng-cycle
facllities: the useful power output of the faclllty murt be no less than 45 percent of the energy lnput
of naturalgas and oil for supplementary flrlng. To demonstrate compliance with the bottoming-cycle efficlency
standard (lf applicable), or to demonstrate that your facillty ls exempt from this standard based on the date that
installation of the facillty began, respond to llnes 15a through l5h below.
lf you lndicated in llne 10a that your facility represents bofh topplng-cycle and bottoming-cycle cogeneratlon
technology, then respond to lines 15a through l5h belowconslderinE onlythe energy lnputs and outputl
attributable to the Mtoming-cycle portion of your faclllty. Your mas and heat balance diagram must make clear
whlch mass and energy flow values and system components are for which portion ofthe cogeneratlon system
(topping or bottoming).
on afterlnstallationwhichcommencedorApplicants
March standards.Section13,2e2.20s(b)efflclency
lla DldlnstallatlonofthefacllltyinltscurrentformcommenceonorafterMarchl3,'19807
,- , Yes. Your facillty ls subject to the efflclency requlrement of 18 C.F.R. 5 292.205(b). Demonstrate compliance' r with the efflclency requlrement by respondlng to lines l5b through 1 5h below.
1-.1 No. Your facility ls exempt from the efficiency standard. Skip the rest of page 17.
average rate ofnetI 5b lndicate the energy output
l5c Multiply line t 5b by 3,4I2 to convert from kW to Btu/h
of the shaft of a prlme moverfor purposes not directly related to power production
(thls value is usually zero)
l5d lndicatethe average rate of energy output
l5e Multlply line 'l 5d by 2,544 to convert hpto
1 5f lndlcate the annual avetage iate of
oroll
energy lnput frorn natutal
=100*(l5c+ l5e)/1t5g
I,c
SE.=|E+J=gd
E .iE
?E
${ol L,.=Eh'uO(E
Euro
l5h Compllancewlthefficlencystandardi lndicatebelowwtrethertheefficlencyvalueshownlnlinel59isgreater
than or equal to 45%:
[_l Yes (complies with efficiency standard) [ No (does not comply wlth efficiency standard)
KW
n Rtrr/h
ho
o Btu/h
Btu/h
n o/"
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/j.B page 27 ol 87
FERC Form 556 Page 18-AllFaclllties
Certificate of Completeness, Accuracy and Authority
Appllcant mu:t certify compllance wlth and understaodlng of flllng requlrements by checklng next to eadr ltem below and
slgningatthebottomofthlssection. FornswtthlncompleteCertlficatesofCompleteness,AccuracyandAuthorlgwlll be
rerected by the Secretary of the Cornmlsslon.
Slgner identified below certlfles the followlng: (check all ltems and appllcable subltems)
He or she has reed the ftling, lncludlng any lnformatlon contalned ln any a[ached documents, such as cogenelatlon
[t mass and heat balance diagrams, and any lnfonnatlon contalned ln the Mlsccllaneous sectlon startlng on page 19, and. knows lts contents.
E
He or she has provided all of the requlred infomatlon for certlffcatlon, and the provlded lnformatlon ls true as stated,
to the best of his or her knowledge and bellef.
He or she posres full powet and authority to slgn the filing; as requlred by Rule 2005(aX3)of the Commisslon's Rules of
Practice and Procedure (18 C.FA. 5 38520o5(aX3)1, he or she ls one of the followlng: (clrcck onel
fl The person on whose behalf the filing Is made
I An officer of the corporatlon, trust, association, or other organlzed group on behalf of which the fillng ls made
- Anofflcer,agent,oremployeofthegovernmental authorlty,agency,orinstrumentalltyonbehalfofwhichtheu flling ls made
o, ArepresentatlvtquallfiedtoptacticebcforetheCommissionunderRule210l of theCommissiontRulesof6 PncticeandProcedure(l8C,F.R.S3852lOI)andwhopossesresauthorltytosign
He or she has revlewed all automatic calculations and agrees wlth their recults, unlesr otherwlse noted ln the
Mlscellaneous se(tion starting on page 19.
He or she has provlded a copy of this Form 556 and all attachments to the uUlltler wlth whlch ttre faclllty wlll
lnterconnect and transact (see llnes 4a through 4d), as well as to the regulatory ruthorlti,es of the itates ln whkh the
faclllty and those utlllths r€slde, See the Requlred Notlce to Publlc Utllltles and State Regutatory Authoiltles 3€cllon o0
page 3 for more information.
tr
Provlde your rlgnature, address and slgnature drte below. Rule 2(O5(c) of Sre Commtsrton's Rules of Practlce and
Procedure (18 CF.B, S 385-m05(dl provldesthatpersonr ffllngthelrdocuments electronkallymay usetyped draracters
representlng hls or har name to slgn the filed documents. A person llllng thls document ehctronically shouH slgn (by
typlng hls or her name) ln thespace provlded below.
Your Signature Your address
5l-5 N, 27th Street
Boise, ID 83702
Date
lRuan ruotet
Commisslon Staff Use Onlyr il
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/i.8 Page 28 al 87
FERC Form 556 Page l9-AllFaclllties
Miscellaneous
Use thls space to provlde any lnformatlon for whkh there was not sufficient space in the prevlous s€ctlonr of the form to
provlde. Foreachsuchltemoflnformatlonclearlyldentlfythelinerumbuthattheinformatlonbelongsto, Youmayalsouse
thls space to prwlde any addltlonal lnfornatlon pu bellerre is relevantto the certlflcatlon of yourfaclllty.
Yourresponsebelowlsnotllmltedtoonepage. Addltlonal page{s)wlll automatlcallybelnsetedlntothlsformlfthe
length of your response exceeds the space on thls page. Use as many pages as you requlre.
The original Form 556 incorrectly listed the latitude and Iongitude coordinat,es in
Paragraph 3c as West 114.600 NorLh 42.206. The correct latltude and longit.ude
coordinates are lvest 114,602 North 42.192.
Case 1:18-cv-00236-REB Document 7-5 Filed 07103/18 Page 29 of 87
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Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 33 of 87
EXHIBIT 6
Case 1:18-cv-00236-REB Document 7_5
ldaho Power Company
Filed 07/03/18 Page 34 af 87
IDAHO PUBLIC UTILITIES COMMISSIONApproved EffectiveJan.8,2015 Jan.1,2015
Per O.N. 33197
Jean D. JewellSecretary
|.P.U.C. No, 29. Tariff No. 101 OtioinalSheet No, 73-1
SCHEDULE 73
CoGENERATION ANp SMALL POWER PRO"DUCTION SCHEDULE-- IDAHO
AVA|LAB|LITY
ln all electric territory served by the Company in the State of ldaho.
APPLICABILITY
To Qualifying Facilities that intend to sell their output to the Company by either (i)
interconnecting to the Company's electrical system at an interconnection point wlthin the State of ldaho,
or (ii) delivering the output to the Company at a point of delivery ("POD') on the Company's electrical
system within the State of ldaho.
A Customer selling the output of any Qualifling Facili$ (including both Qualifring Facilities with
a m,ximum generating capability equal to or less than the Eligibili$ Cap and Qualifoing Facilities with a
maximum generating capability greater than the Eligibility Cap) will be required to enter into a wi$en
Energy $ales Agreement ("ESA) with the Company in accordance with the contrac{ing procedures set
forth in this tariff. Any such ESA is subject to the approval of the ldaho Public Utilities Commission
("Commission").
QEF|NTTTONS
Customer as used herein means any individual, partnership, corporation, association,
governmental agency, political subdivision, municipality, or other entity that owns an existing or
proposed Qualifying Facility.
Cooeneration Facilitv means equipment used to produce electric energy and forms of useful
thermal energy (such as heat or steam) used for industrial, commercial, heating, or cooling purposes,
through the sequential use of energy.
Dailv Shaoe Adiustment means an adjustment to rates based on a difference between Heavy
Load rates and Light Load rates of $7.28 per MWh as established in Commission Order No. 30415.
Eligibilitv Cao means for all Qualifying Facilities except wind and solar Qualifying Facilities, 10
average megari/atE in any given month. For wind and solar Qualiffing Facilities, "Eligibility Cap"
means 100 kilowatts fklM) nameplate capacity.
Facilitv means the electric generation facility owned by the Customer that is located on the
Custome/s side of the POD, and all facilities ancillary and appurtenant thereto, including
interconnection equipment.
Heaw Load Hours means the daily hours from hour ending 0700 - 2200 Mountain Time, (16
hours) excluding all hours on Sundays, New Years Day, Memorial Day, lndependence Day, Labor Day,
Thanksgiving Day, and Chrisbras Day.
Lioht Load Hours means the daily hours from hour ending 2300 - 0600 Mountain Time, (8
hours) plus all hours on $undays, New Years Day, Memorial Day, lndependence Day, Labor Day,
Thankgiving Day, and Christmas Day.
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 35 of 87
ldaho Power Company ;DAHO pUBLtC UTILIT;ES COMMTSSTON
t.p.U.c. No. 29. Tarif No. 't01 oriqinal shcet No. 7$2 o'otoJ:f.
8, 201s ,"fT:;$[
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
oo9ENERATION AND SMALL POWER PRODUCTI9N SCHEDULE - IDAHO
(Continued)
DEFINITIONS (continued)
lnteoration Charges means the Commission-approved integration charge applicable to any
intermittent generation resource, including but not limited to, wind and solar generation.
Generator lnteroonneclion Aoreerylent fGlA'). The interconnection agreement that specifies
terms, conditions, and requirements of interconnecting to the Company electrical system, which will
include, but not be limited to, all requirements as specified by Schedule 72. lf the Facili$ is not
interconnecting directly to the Company electrical system, the Facility will not have a GIA with the
Company but instead will have a similar agreement with the utility the Facility is directly interconnecting
to.
Point of Deliverv (POD) is the location specified in the GIA (or Transmission Agreement) where
the Company's and the Seller's (or third-party transmission provider's) electrical facilities are
interconnected and the energy from the Qualifying Facility is delivered to the Company electrical
system.
QualiMno Facilitv shall mean a Cogeneration Facility or a Small Power Production Facility that
is a "Qualiffing Facility" as that term is defined in the Federal Energy Regulatory Commission's
regulations, 18 C.F.R. S 292,101(b)(1) (2010), as may be amended or superseded.
Seasonal Fac{ors means a seasonal weighting of 0.735 for the months of March, April, and
May, 1 .20 for the months of July, August, November, and December and 1.00 for the months of
January, February, June, September, and October.
Small Pouyer Produstion Facilltv means the equipment used to produce output including electric
energy solely by the use of biomass, waste, solar power, v\rind, water, or any other renewable resource.
Transmission Asreement, lf the Facility is not directly interconnected to the Company electrical
system, the Facility must obtain firm transmission rights from the appropriate utility(s) to deliver the
Facility's maximum capacity to an agreed to POD on the Company electrical system for the fullterm of
the ESA. This agreement(s) shall have minimum terms equal to the lesser of (a) the term of the ESA
being requested by the Qualiffing Facility in Section 1.a,xiv., or (b) the minimum term required by the
third-party transmission enti$ to ensure firm roll over transmission rights, and (c) any other applicable
terms and conditions to ensure the Facili$ shall have firm transmission rights for the full term of the
ESA.
RATE OPT1ONS
The Company is required to pay the following rates, at the election of the Qualifying Facility, for
the purchase of output from Facilities for which this tariff applies and that is delivered and accepted by
the Company in accordance with the ESA. These rates are adjusted periodically and are on file with
the Commission.
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:i-B-cv-00236-REB Document 7-5 Filed 07/03i18 Page 36 of 87
ldaho Power Company tDAHo puBLIc UTtLtTtES coyMtsstgN
r..*U.c. No. 29. TariffNo. 101 orioinat sheet No. z&3 o'otoJ:f.
8, 2015 ,."1T5[13
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
CoGENERATTON ANp SMALL POWER PROqUCTTON SCHEpULE - rpAHO
(Continued)
FATES OPTIONS (Continued)
1. Letrelized Fueled Rates. These rates shall apply to Qualifying Facility projects at or
below the Eligibility Cap when the Customer chooses to supply output including energy and capacity
under Levelized Avoided Cost Rates for Fueled Facilities. The rates shallapply to Facilities fueled with
fossil fuels and shall depend upon the on-line operation date and term of the agreement and shall be
fixed for the term. The adjustable component rate shall be changed periodically subject to Commission
orders. Both the fixed and adjustable rate components are subject to Seasonal Factors, a Daily Shape
Adjustment, and lntegration Charges.
2. Non-Leyetized Fueled Rates. These rates shall apply to Qualifying Facility projects at or
below the Eligibility Cap when the Customer chooses to supply output including energy and capacity
under Non-Levelized Avoided Cost Rates for Fueled Facilities. The rates shallapply to Facilities fueled
with fossil fuels and shall depend upon the on-line operation date and term of the agreement. The fixed
component rate shall be fixed for the term of the agreement. The adjustable component rate shall be
changed periodically subject to Commission orders. Both the fixed and adjustable rate components are
subject to Seasonal Factors, a Daily Shape Adjustment, and lntegration Charges.
3. Levelized Non-Fueled Rates. These rates shall apply to Qualifying Facility projects at or
below the Eligibility Cap when the Customer chooses to supply output including energy and capacity
under Levelized Avoided Cost Rates for Non-Fueled Facilities. These rates shallapply to Facilities that
do not use fossil fuels as their primary fuel. The rates shall depend upon the on-line operation date and
term of the agreement and shall be fixed for the term. The rate components are subject to Seasonal
Factors, a Daily Shape Adjustment, and lntegration Charges.
4. Non-Levelized Non-Fueled Rates. These rates shall apply to Qualiffing Facility projects
at or below the Eligibility Cap when the Customer chooses to supply output including energy and
capacity under a contract based on Non-Levelized Avoided Cost Rates for Non-Fueled Facilities.
These rates shall apply to Facilities that do not use fossilfuels as their primary fue!, and shall be fixed
for the term. The rates are subject to a Seasonal Factor, a Daily Shape Adjustment, and lntegration
Charges.
5. Rates Determine4 At the Time of Deliverv. Please see the Compan/s tariff Schedule
86.
6. lnteorated Resource Plan fllRPl Based Rate. The IRP Based Rate is required for all
Qualifying Facilities that do not meet the Eligibility Cap and shall be calculated based on the
lncremental Cost IRP Methodology tailored to the individual characteristics of the proposed Qualiffing
Facility.
CONTRACTING PROCEDURES
The Company agrees to adhere to the following contract procedures for the purchase of output
from Customers who own Qualifying Facilities for which this tariff applies and that is delivered to the
Company's system. These contracting procedures are adjusted periodically and are on file with the
Commission.
IDAHO
lssued per Order No. 33197
Effective - January 1,2A15
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-5 Filed 07i03/18 Page 3Z al BZ
ldaho Power Company TDAHO pUBLtC UTtLtTtES COMMISSTON
t.p.u.c. No. 2e. TqriffNo. 1gl oriqtnalsheet No.73.4 ooo'oJ:l.8,2015 ,"riTlsl3
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
(Continued)
CONTRACTI NG PROCEDU RES (Continued)
1. Procedures
a. To obtain an indicative pricing proposal for a proposed Qualifoing Facility, the
Customer shall provide the Company a completed Qualifying Facility Energy Sales Agreement
Application utilizing the Application tentplate included in this Schedule. The information required
within the application is generalinformation as listed below.
i. Qualifoing Facility owner name, organizational structure and chart, contact
information, and project name;
ii. Generation and other related technology applicable to the Qualifying
Facility;
iii. Maximum design capacity, station service requirements, and the net
amount of power, all in kW, to be delivered to the Company's electric system by the
Qualiffing Facility;
iv. Schedule of estimated Qualifying Facili$ electric output, in an 8,760-hour
electronic spreadsheet format;
v. Ability, if any, of Qualifoing Facility to respond to dispatch orders from the
Company;
vi. Map of Qualifying Facility location, electrical interconnection point, and
POD (identified by nearest landmark and GPS coordinates);
vii. Anticipated commencement date for delivery of electric output;
viii. List of acquired and outstanding Qualifying Facility permits, including a
description of the status and timeline for acquisition of any outstanding permits;
ix. Demonstration of ability to obtain Qualiffing Facility status;
x. Fuel type(s) and source(s);
xi. Plans to obtain, or actual fuel and transportation agreements, if
applicable;
xii. Where Qualiffing Facility is or will be interconnected to an electrical
system besides the Companfs, plans to obtrain, or actual electricity transmission
agreements with the interconnected system;
xiii. lnterconnection agreement status; and
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221West ldaho Street, Boise, ldaho
Case 1-:18-cv-00236-REB Document 7-5 Filed 07/03i18 page 38 of 87
ldaho Power Company tDAHo puBLtc uTtLtTtEs co,MlsstoN
t.p.u.c. No.29. TariffNo. 101 Orioinatsheet No.73-5 o"toJ::.8,2015 .,"fT:;[[
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
CoGENERATTON AND SMALL POWER PRODUCTTON SCHEDULE - tpAHO
(Continued)
CONJRACTI NG PROCED.URES (Continued)
1. Procedures(Continued)
xiv. Proposed contracting term and requested Rate Option for the sale of
electric output to the Company.
b. Where the Company determines that the Customer has not provided sufficient
information as required by Section 1.a., the Company shall, within 10 business days, notifu the
Customer in writing of any deficiencies.
c. Following satisfactory receipt of all information required in Section 1.a., the
Company shall, within 20 business days, provide the Customer with an indicative pricing
proposal containing terms and conditions tailored to the individual characteristics of the
proposed Qualifying Facility; provided, however, that for Oualifying Facilities eligible for
Published Rates pursuant to the Commission's eligibility requirements, the Company will
provide such indicative pricing proposalwithin 10 business days.
d. The indicative pricing proposal provided to the Customer pursuant to Section 1.c.
will not be final or binding on either party. Prices and other terms and conditions will become
final and binding on the parties under only two conditions:
i. The prices and other terms contained in an ESA shall become final and
binding upon full execution of such ESA by both parties and approval by the
Commission, or
ii. The applicable prices that would apply at the time a complaint is filed by a
Qualifying Facility with the Commission shall be final and binding upon approval of such
prices by the Commission and a final non-appealable determination by the Commission
that:
(a) a "legally enforceable obligation' has arisen and, but for the
conduct of the Company, there would be a contract, and(b) the Qualifying Facility can deliver its electrical output within 365
days of such determination.
e. lf the Customer desires to proceed with contracting its Qualifying Facili$ with the
Company afier reviewing the indicative pricing proposal, it shall request in writing that the
Company prepare a draft ESA to serve as the basis for negotiations between the parties. ln
connection with such request, the Customer shall provide the Company with any additional
Qualifying Facility information that the Company reasonably determines necessary for the
preparation of a draft ESA, which shall include:
i.
ii.
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Updated information of the categories described in Section 1.a.
Evidence of site control for the entire contracting term
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 39 of 87
ldaho Power Company IDAHO pUBLtc UTIL;T;ES COMMTSSTON
t.P.u.c. No. 2g. TariffNo. :t01 orioinals,LeE[ No.7&6 o'o'oJ:f.8,201s ,"r:f;[[
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
COGENERATION AND SMALL POVI/ER PSODUCTION SCHEDULE - IDAHO
(Continued)
CONTRACTI NG PROCEDURES (Continued)
1. Procedures(Continued)
iii. Anticipated timelines for completion of key Qualifying Facility milestones,
to include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
ble.
Licenses, permits, and other necessary approvals;
Funding;
Qualifying Facility engineering and drawings;
Signifi cant equipment purchases;
Construction agreement(s);
lnterconnection agreement(s); and
Signing of third-party Transmission Agreements,where
applica
iv
proposal.
Additional information as explained in the Company's indicative pricing
f. lf the Company determines that the Customer has not provided sufficient
information as required by Section 1.e., the Company shall, within 10 business days, notiff the
Customer in writing of any deficiency.
g. Following satisfactory receipt of all information required in Section 1.e., the
Company shall, within 15 business days, provide the Customer with a draft ESA containing a
comprehensive set of proposed terms and conditions. The draft shall serve as the basis for
subsequent negotiations between the parties and, unless clearly indicated, shall not be
construed as a binding proposal by the Company.
h. Within 90 calendar days after its receipt of the draft ESA from the Company
pursuant to Section 1.9., the Customer shall review the draft ESA and shall (a) notiff the
Company in writing that it accepts the terms and conditions of the draft ESA and is ready to
execute an ESA with same or similar terms and conditions as the draft ESA or (b) prepare an
initial set of written comments and proposals based on the draft and provide them to the
Company. The Company shall not be obligated to commence negotiations with a Customer or
draft a final ESA unless or until the Company has timely received an initial set of written
comments and proposals from the Customer, or notice from the Customer that it has no such
comments or proposals, in accordance with this Section 1.h.
i. After Customer has met the provisions of Section 1.h. above, Customer shall
contact the Company to schedule ESA negotiations at such times and places as are mutually
agreeable to the parties.
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-5
ldaho Power Company
Filed 07/03/18 Page 40 of 87
l.P.U.C. No. 29. Tariff No. 101 Oriqinal$heet No.73-7
SCHEDULE 73
cocENERATtON AND SMALI. POWER PRODUCTTON SCHEDULE - rpAHO
(Continued)
CONTRACTING PROCEDURES (Continued)
1. Prgcedures(Continued)
j. ln connection with any ESA negotiations between the Company and the
Customer, the Company:
i. Shall not unreasonably delay negotiations and shall respond in good faith
to any additions, deletions, or modifications to the draft ESA that are proposed by the
Customer;
ii. May request to visit the site of the proposed Qualifying Facility;
iii. Shall update its pricing proposals at appropriate intervals to
accommodate any changes to the Company's avoided cost calculations, the proposed
Qualifying Facili$ or proposed terms of the drafl ESA;
iv. Shall include any revised contracting terms, standards, or requirements
that have occurred since the initialdraft ESA was provided;
v. May request any additional information from the Customer necessary to
finalize the terms of the ESA and to satisfy the Company's due diligence with respect to
the Qualifying Facility.
k. When both parties are in full agreement as to allterms and conditions of the draft
ESA, including the price paid for delivered energy, and the Customer provides evidence that
any applicable Transmission Agreements have been executed andlor execution is imminent, the
Company shall prepare and forward to the Customer, within 10 business days, a final,
executable version of the ESA.
L The Customer shall, within 10 business days, execute and return the final ESA to
the Company.
m. Where the Customer timely executes and returns the final ESA to the Company
in accordance with Section 1.1. above, the Company will, within 10 buslness days of its receipt
of the ESA executed by the Customer, execute such ESA. The Company will then submit the
executed ESA to the Commission for its review.
n. Failure of the Customer to meet any timelines set forth in this section relieves the
Company of any obligation under this tariff until such time as the Customer resubmits its
Qualifying Facility and the procedures begin anar. lf the Customer does not execute the final
ESA per Section 1.1, such final ESA shall be deemed withdrawn and the Company shall have
no further obligation to the Customer under this tariff unless or until such time the Customer
resubmits the Qualif,ing Facility to the Gompany in accordance with this Schedule.
IDAHO PUBLIC UTILITIES COMMISSIONApproved EffectiveJan.8,2015 Jan.1,2015
Per O.N. 33197
Jean D. Jewsll Secretary
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
GregoryW. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03118 Page 4t of 87
ldaho Power Company TDAHO pUBLtC UT;LITIES COMMTSSTON
t.p.u.c. No. 29. Tartff No. 101 oriEinalsheet No 7$8 oo"oJ:l.8,2015 ,.fT::$[
Per O.N. 33197
Jean D. JewellSecretary
SCHEDULE 73
CoGENERATION ANp SUqLL POWER.PRODUCTION SOHEDULE - IpAHO
(Continued)
CONTRACTI NG PROCEDURES (Continued)
2. lnterconnection. Transmission Aoreem,pnts. end Desionated Network Resource
a. The Company's obligation to purchase Qualif,ing Facility electrical output from
the Customer will be conditioned on the consummation of a GIA in accordance with the
Gompany's Schedule 72, Where the Qualifying Facility will not be physically located within the
Company's electrical system, the Customer will need to consummate a similar GIA with the
third-par$ electrica! system.
b. Where the Qualifying Facility will be interconnected to a third-party electrical
system and is requesting either Published Rates, or rates based on firm delivery of its electrical
output, the Company's obligation to purchase such electrical output will be conditioned on the
Customer obtaining a firm Transmission Agreement or agreements to deliver allelectrical output
to the agreed upon POD.
c. The Company's obligation to purchase Qualiffing Facility electrical output from
the Customer will be conditioned on the Facili$ being classifled as a Company Designated
Network Resource.
3. QualiMnoFacilitvEnergvSalesAgreernentAoplication
(FORM STARTS ON NEXT PAGE)
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West Idaho Street, Boise, ldaho
case 1:1B-cv*00236-REB Document 7-s Filed 07103/18 page 42 ol BZ
ldaho Power Company First Revised Sheet No. 73-9
Cancels
|.P.U.C. No. 29. Tariff No. 101 ,., Orioinal Sheet No. 7$9
IDAHO PUBLIC UTILITIES COMMISSIONApproved Effective
March 20,2017 Aprll 15,2017
Diane M. Hanian Secretary
(Gontinued)
QUALI FYING FACI LITY ENERGY SALES AGREEMENT APPLICATION
ldaho Power Qualifying Facility (QF) contact information:
Mailing Address:
Physical Address:
Telephone number:
E-MailAddress:
Attn: Energy Contracts, P O Box 70 Boise, lD 83702
1221W.ldaho Street, Boise, lD 83703
208-388-6070
energycontracts@idahopower. co m
Preamble and lnstructions
All generation facilities that qualiff pursuant to ldaho Power Company Schedule 73 for a QF Energy
Sales Agreement and wish to sellenergy from their facility to ldaho Power must complete the following
information and submit this Application by hand delivery, mail or E-mail to ldaho Power.
Upon receipt of a complete Application, ldaho Power shall process this request for a QF Energy Sales
Agreement pursuant to ldaho Power Company Schedute 73.
Qualifying Faci lity lnformation
Prooosed Proiect
Name of Facility:
Resource Type: (i.e. wind, solar, hydro, efc):
Facility Location: GPS Coordinates:
Nearest City or
County and State:
Map of Facility, including proposed interconnection point.
Anticipated commencement date of energy deliveries to ldaho
Facility Nameplate Capacity Rating (kW):
Facility Maximum Output Capacity (kW):
Station Seruice Requirements (kW):
Facility Net Delivery to ldaho Power (kW):
Facility interconnection status:
Proposed Contracting Term (cannot exceed 20 years):
Requested Rate Option (details provided in Schedule 73):
Does the Facility have the ability to respond to dispatch
orders from ldaho Power Company (Yes or No):
IDAHO
lssued - March 15,2017
Effective - April 15,2017
lssued by IDAHO POWER COMPANY
Timothy E. Tatum, Mce President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
SCHEDULE 73
CoGEN,ERATION ANp SMALL POWER PRODUCTION SCHEDULE - TDAHO
Case 1:18-cv-00236-REB Document 7-5 Filed 07i03/18 Page 43 at 87
ldaho Power Company IDAHO pUBLIC UT;LIT;ES COMMTSSION
l.p.u.c. Ng. 29. Tarifi No, 10! orioinal sheet No. 7$10 o'ot"J:f.
8, 2015 .,"":T;[l;
Per O.N. 33197
SCHEDULE 73 Jaan D. JewellSecretary
ooGENERATION AND SMA,LL PO\A|ER PRODUCTTON SCHEBULEi- IDAHO
(Continued)
QUALI FYl NG FACILITY ENERGY SALES AGREEMENT APPLICATION
(Continued)
Please include the following aftachments:
/ Hourly estimated energy deliveries (kW) to ldaho Power for every hour of a one year period.
r' List of acquired and outstanding Qualifying Facility permits, including a description of the status
and timeline for acquisition of any outstanding permits.r At the minimum a FERC issued QF certificate/self-certification is required and/or
evidence that Facility will be able to obtain a Qualiffing Facility certfficate.
/ lf the Facility will require fuel be transported to the Facility (i.e. natural gas pipelines, railroad
transportation, etc), evidence of ability to obtain sufficient transportation rights to operate the
Facility at the stated Maximum Output Amount.
{ If the Facili$ will not be interconnecting directly to the ldaho Power electrical system, evidence
that the Facility will be able to lnterconnect to another utility's electrical system and evidence
that the Facility will be able to obtain firm transmission rights over all required transmission
providers to deliver the Facility's energy to ldaho Power.
Owner lnformation
Owner / Company
Contact
Address
State:_ Zp:_
E-mail:
Applicant Signature
I hereby certify that, to the best of my knowledge, all information provided in this Qualiffing
Facility Energy Sales Agreement application is true and corred.
Signature
Print Name
Date
IDAHO
lssued per Order No. 33197
Effective - January 1,2015
lssued by IDAHO POWER COMPANY
Gregory W. Said, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
City:-
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 44 of 87
EXHIBIT 7
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 45 ol gT
SIffi*
An DACORP Company
February 9,2017
Franklin Energy Storage
Peter Richardson
Richardson Adams, PLLC
515 N.27th Street
Boisq lD 83702
VIA: Email Only - pcrc(@n@rOsone-dgtu.@
RE: Franklin Encrgy Storage One, Two, Three, and Four Sohedule 73 Energy Sales Agreement
Applications
Mr. Richardson,
Idaho Power is in receipt your Schedule 73 Energy Sales Agreement Applicatiors ( Applications') datcd
January 26,20L7,fot the proposed Franklin Bnergy Storage One, Franklin Energy Storage Two, Franklin
Energy Storage Throe, and Franklin Energy Storage Four projects. As ofthc datc ofthis letter, the
Applications are not complote dus to the following:
Your Applications stato that the projects are seeking published avoided cost tates, Rate Option 4 - Non-
Lavelized Non-Fueled Rates, and a (20) twenty-year contract temr. Based on the data provided with your
Applications, it appears that drcse proposed projocts may cxcced 10 average-MlV measured on a monthly
basis. In addition, thc map provided with your Applications indicates tbat all the projecte appeff to be within
I mile of each other as they are all located adjacent to each other within the same square-miIe.
Although you state in your Applications that Facility int€rconn$tion status is "pending", it is my
undcrstanding that no Generator Interconnection Applications have been submitted to ldaho Power for [rese
proposed pmjec,ts, nor have pu identified any Point of lnterconnection or Point of Delivery. However, your
provided map idcotifics the Jackpot Solar Substation near lhc proposed pmjects.
It appears that you are intending to add battery storage to the solar generation projects that you had
previously submitt d Schedule 73 Encrgr SalesAgroernent applications for: Jackpot Solar North, South,
East, and Wost Further, the only evidance provided of the proposed Franklin en€rgy storage projects being
Qualifying Facilities ("QFs") are the self-certification Form 556s purporting to certify non-generator storage
units as PURPA QFs.
Given ttre deficiencies identified above, it does not appear that your proposed projects qualify for Rate
Option 4 - Non-Levelized Non-Fueled Rate,s and a twenty (20) year contract term. If you wish to proceed
with these Applicationq please supplcment ),our Applications with additional informatioa thatverilies
PO Box 70
Boise, tD 83707
case 1:18-cv-00236-REB Document 7-E Filed 07/03/1g page 46 of 87
Franklin Storage Ong Two,
Three and Four Page2 of2 February 9,2017
eligibility for the requested rat€s and terms, or modiff your Applications to request rates and terms that your
proposed projects may qualiff for.
Idaho Power is unable to begin any prrparation of indicative pricing proposals for your proposed
projects until the Application information identified above is received and the Applioations have been
deemed complete.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Michael Darrington
Energy Contracts Leader
Phone: [phone]
Email: mdarrington@idatropowo,com
Cc: Donovan Walker (IPC)
Mike Polito (IPC)
Robert Paul (Franklin)
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1-8 Page 47 ot 87
EXHIBIT 8
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 4g of 87
Peter Richardson
Franklin Encryy Storage One, LLC
515 N.27rh sheet
Boise, Idaho 83702
peter@richardsonad ams.com
February 10,2017
Michael Danington
Senior Enetgy Contract Coordinator
Idaho Power Company
1221 West Idalp Suea
Boiso, Idaho 83702
HAI{DDELTVERY
Re:Revised Qrulifring Facility Energy Sales Agreement Application Franklin
Energy Storage One, LLC; Franklin Energy Storage Two, LLC; Franklin Energy
Storage Thtee, LLC and Franklin Energy Storage Four, LLC
Dear Mr. Danington:
Thank you for your response yesterday to the above referenced Qualifying l'ar,ility
Encrgy Sales Agtrement Applicdions ("Applications"). Yotrletter provided that "given
the deficiencies" you identified iu the Applications that &ese four projccts arc not
entitled to Option 4 rates and contact terms. Schedule 73 rcqufued that your response
notiff the projects of "any deficiencix." Based on that reguiremenl I assume the
deficiencies identified in your letter are the only deficie,ncies you have identified. Hence
once they are resolved, the projects will be able to move fonrard to the next step in the in
the Application process which is the provision of indicative pricing proposals. Each
deficiency you ident'fy is addressed belowr
Ten Average-MW Measured on a Monthly Basis:
You note that it "appears that these proposed projects may exceed l0 average-MW
measured on a monthly basis. Based on firlher review of the 24X7 spreadsheet tbat
accompanied the Applications you appear to be conrcct. We have consulted with our
engineering team and they confirm the sp,readsheets inconectly represented the
anticipated output from the projects. Attached is a revised "Schedule of estimated
Quali&ing Facility elecrio output in an 8,760-horu electronic spreadsheet format" for the
projects. As you can see, the estimate production values are below the l0 average-MW
measured on a monthly basis threshold. In addition, I would not€ thtf the projects will be
electrically and mechsnioally designed such that they will not be physically capable of
delivering morc that the threshold limit.
Franklln Eneryy Storage
Dcfi clency L,€tter Rosponse
Pagc I
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 49 of 87
All the Projects Appear to be Within I Mile of Each Other:
This is tnre. However, there is no prohibition preventing QF projects from bciug located
adjacent to each other. These projects aro separarcly owned. Please refereoce and
compare Section 5a of the previously plovided EBRC Form 556 for each project It is not
slear ftom your letter if this is au identified "deficiency," howerrcr in &e went you have
questions rcgoding ownership you may also referto theldalo Seeetary of State's
official wob sitc to referrencs corporaE fonnatim dccumentalion.
No Generfltor Intenconnection Applications have Been Submitted
It is not clear if this is an identified "deficienoy.' Schedtrle 73 requires only that the
ptoject provide you with a statement of fie tnterconncction agreement status." The
staterreat that such status is pending is rccurate and complete. The projects are
completing the intemal work nscessary lo prepare and submit interconnection agreement
rcquests to l&tro Powerwhich will bo submitted shortly.
Identified Point oflnterconnection or Point of Delivery
I believe the map that accompanied the Applications indical,ed tre points of
lnterconnection and Delivery. To clari$ auy ambiguity, thepoinls of Interconaection
and Delivery will be the Idaho Power 345 kV system on the Midpoirt-Humbolt (MPSN-
HfdBT) tansmission lire dut is adjacent !o the projoc{s. Tho exact configurarion of t}rc
interconrrcction will bave to be studied as part oftlre Company's Feasibility Study,
System Impact Study and Facilities Study that have yet to be completed.
Other QF Projects in the Aroa:
You state that we rre "intcnding to add battery storage to the solar grneration projects
you had prcvioruly srbrnittcd ... applicaffons for: Jackpot SolarNorttr, South, East and
Wost." This is incorrect. Thesc projects are distinct from, and independent of, the
refercoced Jackpot projects. The Franklin projects are batt'ery storage QFs that will
utilize rcnewable sourc€s of powcr to eaergizc tte barety sysfms for subsequent
delivery of power and energy to Idaho Power pursuant b aprodaermiqcd schcdule. It is
my understanding that the Jackpotprojects am simple shnd-alone solarprojocts.
Evidence of Qualifring Facility Stanrs:
Sctrcdule 73 &quircs, as a condilioo to rcccipt of an indicative pricing proposal only that
&e projcct demonstrat€ "an ability to obtain Quali$ing Facllity strf,tus." You state,
ap,parcntly as an iEm of dcficiencn that'Turther, the only cvidenceprovidd of th
Frarklin enegy storage prcjects being Quatryhg Facilities f'QFs') are the self-
certificaionForm 556s purporting to cenify non4encrator storage rurits as PURPA
QFs.' While it is not tequired for compliancc with $chsduls 73, these pmjects have
submittcd Fomil 556 at FERC certi&ing their QF stahs. Yotu use of tho urcrd
Franklin F,nerg;l Storage
Defrciency Letter Rcsponse
Pagc 2
case L:18-cv-00236-REB Document 7-5 Filed 07/03/18 page s0 of 87
"purporting" to describe the Fonn 556 certification process Fra*lin has completed
sugg€sts that the certification is merely theoretioal or meaningless. I hope that is not the
oase, as the Form 556s havc been duly certified and accepted for filing by FERC - its
execution by the attomey for Franklin is ncithor meaniugless nor theoretical. As you
know, battery storage facilities are a class of QF recognized by FERC undcr PURPA.
Nevertheless, as noted above, it is not even an Idaho PUC requirement that the Form 556
be filed in order to comply wi& Schedule 73. We have done so in advanse of our
commercial ou line date as a courtesy to Idatro Power and believe that is more than
sufficient for purposos of going to the next step in the Schedule 73 pmcess, which is
recerpt ofyour indicative pticing proposal for each ofthe Franklin project*
I believe I have addressed all ofthe concerns you raised in yesterday's leftor.
Please give me a call if you have any questions. In the meantime, we anticipate within
the next ten business days and pursuant to Section I (c) of Schedule 73, recelpt of ldatro
Power's indicative pricing proposal.
Very huly yours,
J, Richardson, Counsel for
Frarklin Energy Storage One, Two, Three and Foru, LLCs;
Cc: Donovan Walker
Idaho Power Company
l22l West ldaho Street
Boise, Idaho 83702
ENC: 24X7 Production Spreadsheets
Fnnklin Eneryy Storage
Defioioncy Lctter Rcsponse
Pagc 3
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 51 of 87
EXHIBIT 9
Case 1:L8-cv-00236-REB Document 7-5 Filed 07/03/18 Page 52 ol87
&
An TDACOflP Companv
February 27,2017
Franklin Energy Storage
Peter Richardson
Richardson Adams, PLLC
515 N. 27th Street
Boise, lD 83702
VIA: Email Only- [e-mail]
RE: RE: Franklin Energy Storage One, Two, Three and Four Energy Sales Agreemont Applications
Mr. Richardson,
ldalro Power received your February l0,2017,lettor regarding the Schedule 73 Qualifying Facility
Energy Sales Agreemant Applications ("Applicationso') for the proposed projects noted above. [n your
Applications, you request a proposed conhacting term of 20 years and published avoided cost Rate Option 4,
Non-Levelized Non-Fueled Rates, and your letter contained attachments with generation profiles for pojects
less than 10 aMW.
Idaho Power does not agrec that your proposcd projects ate eligible for published avoided cost
Rate Option 4, Non-Lcvclized Non-Fueled Rates, with a 2O-year contract term. On Febnrary 27,2017,
Idaho Power filed an application to the Idaho Public Utilities Commission requesting a declaratory order
that determines the contract tenn and avoided cost pricing mcthodology for which your proposed projects
may be eligible. See IPUC Case No. IPC-E- I 7-01 .
If you have any guestions, please do not hesitate to contact me.
Sincerely,
Michael Darrington
Energy Contraots
Phone: [phone]
Email: [e-mail]
1221 W. lddho 5t. (81i02)
PO. Box 70
Ce: Donovan Walker
8o,se, lD 83707
Case 1:l-B-cv-00236-REB Document 7-5 Filed 07/03/1-8 Page 53 of 87
EXHIBIT IO
case 1:18-cv-00236*REB Document 7-5 Filed 07/03/18 page s4 at g7
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: (208) 388€936
dwalker@idahooower. com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTIL:TIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION FOR
DECLARATORY ORDER REGARDI NG
PROPER CONTRACT TERMS,
CONDITIONS, AND AVOIDED COST
PRICING FOR BATTERY STORAGE
FACILITIES.
CASE NO. |PC-E-17-01
PETITION FOR DECI3RATORY
ORDER
)
)
)
)
)
)
)
)
ldaho Power Company ("ldaho Powefl or "Company"), pursuant to RP't01,
hereby petitions the ldaho Public Utilities Commission ("|PUC" or "Cornmission") to
issue an order determining the proper contract terms, conditions, and avoided cost
pricing to be included in the Public Utility Regulatory Policies Act of 1978 (-PURPA)
contracts requested by severat battery storage facilities.l
1 On January 26, z|17,ldaho Povrrer received bur separate Schedule 73 applications Fom
propced battery storage proJecb requesting published avoided cost rate indicative pricing and 20-year
contracts hom: Franklin Energy Storage One, LLC (32 hlW); Franklin Energy Slorage Two, LLC (32
MW); Franklln Energy Storage Three, LLC (32 MW); and Fnanklin Energy Storage Four, LLC (32 MW.
See Attachments 1-4. All proposed Franklin Energy Storage projects wera submitH by th6 sam6
developer. On February 19, 2017, ldaho Power received another Schedule 73 appllca[on from a
separate proposed batery storage project tom another developer: Black Mesa Energy, LLG (20 MW).
See Attachment 5. These five propoeed projects are hereder refened to collec{ively as "Proposed
Battery Storage Facilities."
PETIT]ON FOR DECLARATORY ORDER. 1
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/LB page s5 of 87
ldaho Power, a vertically integrated public utility electric service provider
regulated In the state of ldaho by the IPUC, is the petitioner in this matter. PURPA
requires ldaho Power, as a public utility, to purchase generation from cogeneration and
small power production facilities that are certified as PURPA qualiffing facilities ("QFs"
or "QF") at avoided cost rates detennined by the IPUC. The Proposed Battery Storage
Facilities clairn they are entitled to published avoided cost rates with a 20-year contract
term. Attachments 1-5, 6. ldaho Power asserts that the Proposed Battery Storage
Facilities be subject to the same 100 kilowatt ("kW) published rate eligibility cap
applicable to wind and solar generation.
ldaho Power seeks a declaratory ruling from the Comrnission that proposed
battery storage facilities over 100 kW are eligible for negotiated avoided cost rates
determined by the incremental cost lntegrated Resource Plan ("lRP") methodology and
a maximum contract term of two years-and that battery storage facilities up to a
maximum nameplate capacity of 100 kW are entitled to published avoided cost rates
and a 20-year maximum contract term.
ln support of this Petition, ldaho Power states as follows:
I. BACKGROUND AND FACTS
After separate lengthy and contested proceedings, the Commission determined
as part of its implementation of PURPA for the state of ldaho: (1) the published, or
standard, avoided cost rate eligibility cap for wind and solar QFs is set at 100 kW,
consistent with 18 C.F.R. 29230a@), Order No. 32262; and (2) the maximum contract
term for proposed QF projects that are larger than the published rate eligibility cap is
two years. Order No. 33357. The published rate eligibility cap for all other generation
PETITION FOR DECLARATORY ORDER .2
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 56 of 87
types remains at the previously established 10 average megawatts ("aMW') on a
monthly basis and all proposed projects that are eligible for published rates have the
previously established maximum contrac-t term of 20 years available to them. The
Commission also previously directed that published avoided cost rates be distinguished
by resource type. Order No. 32697, p. 15; Order No. 32802, pp. 5-8. Negotiated
avoided cost rates, for projects that exceed the published rate eligibility cap, are based
upon the incremental cost IRP methodology, which compares the specific generation
profile of the proposed project to the displaceable resources used to serve load in the
Company's resource stack to arrive at an avoided cost.
Over an approximate two week period in late January/early February 2017,ldaho
Power received five applications seeking PURPA energy sales agreements for a total of
148 megawatts ("MW') of proposed battery storage QFs. See Attachments 1-5. ldaho
Power has attached hereto, and incorporates herein by this reference, as Attachments 1
through 5, the Proposed Battery Storage Facilities' five separate Schedule 73
applications requesting published avoided cost pricing and 2O-year contracts, the
Federal Energy Regulatory Commission ("FERC") Form 556 QF self-certifications, and
the projecis' generation/output profiles submitted by each project to ldaho Power. Also
attached hereto, and incorporated herein by this reference are: Attachment 6, ldaho
Power's February 9 and 27,2017, responses to the Proposed Battery Storage Facilities;
Attachment 7, February 10, 2017, response from Franklin Energy Storage One through
Four; as well as Attachment 8, maps depicting the location and layout of the Proposed
Battery Storage Facilities.
PETITION FOR DECLARATORY ORDER . 3
case L:18-cv-00236-REB Document 7-s Filed 07/03/18 page sr at 87
Each Proposed Battery Storage Facility submifted a FERC Form 556 self-
certification of QF status to ldaho Power, purporting to be a QF independent of its
generation source. Attachments 1-5. As part of the required Schedule 73 applications,
each Proposed Battery Facility also submitted a generation output profile, on an hourly
basis, for all 8,760 hours in a year. ld. Each generation profile is nearly identical, and
generally matches the shape, timing, and output of a solar generation profile. ld. The
four proposed Franklin Energy Storage projects are located at the same site and were
submitted from a single developer-the same developer that had previously submitted
Schedule 73 applications and requests for energy sales agreements for the four
proposed 20 MW Jackpot Solar facilities which were the subject of the Commission's
final Order No. 33667 in Case No. IPC-E-16-21, Attachments 14, 8. The fifth
proposed battery storage facility, Black Mesa LLC, was submitted by a different
developer at a different location, but with nearly identical information provided in both
the Schedule 73 application and Form 556 self-certification. Attachments 5, 8. Each
Proposed Battery Storage Facility in its individual Schedule 73 application requests
published avoided cost rates, Rate Option 4, Non-Levelized Non-Fueled Rates, and a
20-year contract. Attachments 1 -5.
ldaho Power responded to the four proposed Franklin Energy Storage facilities
within Schedule 73's required 1O-business day response time with a letter dated
February 9, 2017. Attachment 6. ldaho Power notified legal counsel for the four
proposed Franklin Energy Storage facilities that the applications were not complete,
identified several deficiencies in the Schedule 73 applications, and stated that'it does
not appear that your proposed projects qualify for Rate Option 4 - Non-Levelized Non-
PETITION FOR DECLARATORY ORDER -4
case 1:18-cv-00236-REB Document 7-5 Filed 07i03/i.B page 5g of 87
Fueled Rates and a twenty (20) year contract term." /d. The proposed Franklin Energy
Storage facilities responded by letter dated February 10, 2017, purporting to address
deficiencies in its applications and demanding that ldaho Power proffer 20-year,
published avoided cost rates for its proposed battery storage projects. Attachment 7,
attached hereto and incorporated herein by this reference. By letters dated February
27, 2017, ldaho Power responded to all five Proposed Battery Storage Facilities that it
does not agree that they are eligible for published rates and 2O-year contracts, and
notified them of this case filing. Attachment 6.
il. plscusstoN
A. The Commission haa Jurisdictlon to lsaua a Declaratom Order in tre Case.
The Commission has jurisdiction to issue declaratory orders under Title 61 of
ldaho Code and the ldaho Uniform Declaratory Judgments Act of 1933. See Order No.
33667, pp.5-6, Case No. IPC-E-16-21.
A declaratory judgment "rnust clarify and settle the legal
relations at issue, and afford leave from uncertainty and
controversy which gave rise to the proceeding." Harris v.
Cassia County, 106 ldaho 513, 517, 681 P.2d 988 (1984)
(citing Sweeney v. Am. Nat'l 8k.,62 ldaho il4, 115 P.zd
109 (1941)). For a declaratory judgment to be rendered,
there must be "an actual or justiciable controversy" that is
"real and substantial," and "definite and concrete, touching
the legal relations of parties having adverse legal interests."
Id. at 516 (quoting Aetna Life lns. Co. v. Haworth,300 U.S.
277,240-41 (1937)).
ld. The Cornmission has further recognized its role when consirJering a petition for
declaratory ruling as follows:
Declaratory rulings are appropriate regarding the
applicability of any statutory provision or of any rule or order
of this Commission. See IDAPA 31.01.01.101; Uniform
Declaratory Judgment Act, ldaho Code 10-1201 ef seg. A
declaratory ruling contemplates the resolution of prospective
PETITION FOR DECLARATORY ORDER - 5
case 1:i-B-cv-00236-REB Document 7-5 Filed 07/03/1g page 59 of g7
problems. The rights sought to be protected by a
declaratory judgment may invoke either remedial or
preventive relief; it may relate to a right that is only yet in
dispute or a status undisturbed but threatened or
endangered; but in either event it must involve actual and
existing facts. ldaho Supreme Court in Hanis y. Cassr'a
County,106 ldaho 513,516-517,618 P.2d 988 (1984),
Order No. 29480, p. 16. Additionally, the Commission may clariff any order on its own
motion. RP 325.
ldaho Power does not agree with the Proposed Battery Storage Facilities' claims
as to their QF status independent of a cognizable associated generation resource, and
this Petition is without prejudice to ldaho Power's position before FERC on the validity
of the self-certifications. However, QF status is within the exclusive jurisdiction and
properly before FERC,.not this Commission, for determination. ldaho Power does not
seek from this Commission a determination as to QF status with regard to the Proposed
Battery Storage Facilities. ldaho Power seeks a determination from the Commission as
to the proper avoided cost rates, as well as the proper contractual terms and conditions
applicable to the Proposed Battery Storage Facilities Schedule 73 requests for PURPA
pricing and contracts. Although not conceding any argurnent and advocacy to the
contrary at FERC, for purposes of the determination as to the rate eligibility and contract
term length for the Proposed Battery Storage Facilities as requested in this Petition,
ldaho Power does not dispute that the facilities are self-certified QFs without respect to
the validity of those self-certifications. The. legal controversy or question for the
Commission is, under the facts presented by the requests of the Proposed Battery
Storage Facilities, whether they are entitled to published avoided cost rates and 20-year
contract terms.--or are instead entitled to the negotiated rate and contracting
PETITION FOR DECLARATORY ORDER.6
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 60 of g7
procedures and two-year contract terms. This is a determination that is within the
exclusive jurisdiction of this Commission. The status of and applicability of the
Commission's implementation of PURPA with regard to proposed battery storage
facilities was not considered and/or addressed in the Commission's determinations as
to published rate eligibility cap, differentiation of applicable avoided cost rates to
different generation technologies, or its determinations regarding other contractual
terms and conditions, such as contract term,
ldaho Power has now received, in a liftle over two weeks'time, multiple requests
for a total ol 148 MW from proposed battery storage facilities and disagrees with the
Proposed Battery Storage Facilities as to the proper application of the Commission's
implementation of PURPA with regard to published avoided cost rate eligibility and the
maximum contract term applicable to such projects. There is a real and substantial
eontroversy as to the proper application of this Commission's implementation of PURPA
with regard to specific requests and actual and existing fasts, applicable to the
Proposed Battery Storage Facilities. lt is appropriate for the Commission to issue a
declaratory order in this case.
B. BaLterv $tgraqe Facllltes should be Sublect to the 100 kW Publlshed Reto
Eliolbilitv Gao.
With regard to the five applications seeking PURPA energy sales agreements,
the generation source that energizes all of the Proposed Battery Storage Facilities is
solar generation. Aftachments 1-5. The output profile submitted for each of the
Proposed Battery Storage Faciliiles matches the shape and timing of the generation
profile of a solar generator. ld. None of the Proposed Battery Storage Facilities
propose to operate in a manner that would realize the potential benefits of energy
PETITION FOR DECLARATORY ORDER. T
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/t-8 page 61 of 87
storage facilities-they simply propose to operate with substantially the same
generation profile as a solar generator. The potential benefits and possible promise of
economically viable, utility-scale energy storage facilities is in the unique operational
characteristics to, for example: provide ancillary grid services such as reserve capacity,
surge capacity, load-balancing, or voltage support; firming of variable generation; or
time-shifting generation to match load. However, to realize these benefits, it would be
necessary for operational control and dispatchability of the facility to be with the utility
charged with serving load. When operated as proposed by the Proposed Battery
Storage Facilities, it appears to be structured in a way that passes through as many kW
hours as possible in order to maximize revenue under the must-purchase provision of
PURPA. Furthermore, any of the potential benefits of utility-scale battery storage
facilities cannot be recognized when the Proposed Battery Storage Facilities are
configured in such a manner as to come under published rates, priced at the avoided
cost of a natural gas combustion turbine, and standard contract terms and conditions. lt
would only be through the project-specific avoided cost determinations of the
incremental cost IRP methodology and the negotiated rate and contract process
required of proposed projects that exceed the published rate eligibility cap where it may
be possible to determine the value of the Proposed Battery Storage Facilities.
Furthermore, from ldaho Power's perspective, the Proposed Battery Storage
Facilities' Schedule 73 applications appear to be vehicles used to circumvent the
Commission's rules and requirernents in its implementation of PURPA for the state of
ldaho. The four proposed Franklin Energy Storage facilities are all located adjacent to,
and in the same vicinity as the previously proposed four, 20 MW each, Jackpot Solar
PETITION FOR DECLARATORY ORDER - 8
case l-:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 62 of 87
facilities. See Case No. IPC-E-16-21. The four proposed Jackpot Solar facilities have
the same developer, Robert Paul, and the same legal counsel, Peter Richardson, as the
four proposed Franklin Energy Storage facilities. The proposed Black Mesa storage
facility submitted almost identical documents as the four proposed Franklin Energy
Storage facilities, and the developers of all five proposed projects had some level of
involvement with the Grand View Sotar project, an 80 MW PURPA solar QF under
contract with ldaho Power. As was made clear by the Commission in the previously
referred to Jackpot Solar case, Case No. IPC-E-16-21, solar QFs are subject to a 100
kW published rate eligibility cap, and for any projects that exceed the published rate
eligibility cap, the maximum contract term is limited to two years. Pricing for such
facilities is determined at the start of each two-year contract term. Order No. 33667.
The non-generator Proposed Battery Storage Facilities have proposed to classifu
themselves without regard to the solar generation that will energize their batteries, and
further proposed to disaggregate into 10 aMW increments, which would avoid
application of the 100 kW published rate cap and associated two-year contract term
limitation for projects over the cap. First, the Commission should recognize that the
Proposed Battery Storage Facilities are acting as nothing more than a pass through of
the solar generation, in what appears to be a blatant attempt to manipulate the 100 kW
published rate eligibility cap and two-year contract limitation for solar generators.
Secondly, the four proposed Franklin Energy Storage facilities are all immediately
adjacent to each other within the same one-mile section of land. Attachment 8. The
projects purport to be in compliance with disaggregation rules by claiming separate
ownership, but this appears to be an attempt to get 128 MW of capacity split up into four
PETITION FOR DECLARATORY ORDER.9
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/j.8 page 63 of 87
separate 10 aMW increments, with the goalof qualiffing for published rates and 20-year
contracts.
This was the practice that the Commission determined to prevent when it first
implemented a temporary reduction to a 100 kW published rate eligibility cap for wind
and solar projects, Order No. 32176, and then made that 100 kW published rate cap
permanent for wind and solar QFs. Order No. 32262. See Case Nos, GNR-E-I0-04,
GNR-E-1 1-01.
Based upon the record, the Commission finds that a
convincing case has been made to temporarily reduce the
eligibility cap for published avoided cost rates from 10 aMW
to 100 kW for wind and solqr only while the Commission
further investigates the implications of disaggregated QF
projects. . . .
Wind and solar resources present unique characteristics that
differentiate them from other PURPA QFs. Wind and solar
generation, integration, capacity and ability to disaggregate
provide a basis for distinguishing the eligibility cap for wind
and solar from other resources. . . .
At a minimum, FERC regulations require that standard or
published rates be set for purchases from QFs wilh a design
capacity of 100 kW or less. These regulations also grant the
Commission the discretion to set the published rate eligibility
cap at a higher level. 18 C.F.R. $ 292.304(c). Wtrether it is
a published rate or a rate for a larger QF, FERC requires
that the avoided cost rates for all QF purchases be just and
reasonable to utility customers and in the public interest; and
not discriminate against qualiffing cogeneration and small
power produc{ion facilities. 18 C.F.R. S 292.3O4(aX1). ln
establishing a published rate, the Comrnlssion may
differentiate among QFs using various technologies on the
basis of supply characteristics of the different technologies;
the availability of capacity and energy during daily and
seasonal peaks; dispatchability; reliability; and other factors.
18 C.F.R. S 2s2.304 (cX3). . . .
This Commission established a clear and reasoned
distinction between small and large QFs in 1995 when it
PETITION FOR DECLARATORY ORDER. 1O
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 64 of g7
adopted the use of the IRP methodology for larger QFs.
Order Nos. 25882, 25883, 25884. The Commission
explained that requiring larger OF projects "to prove their
viability by market standards ensures that utilities will not be
required to acquire resources priced higher than would result
from a least cost planning [RFPI process. Ratepayers will
not be disadvantaged and QFs will be treated fairly and
consistently with the requirements and goals of PURPA." ld.
at 6. The purpose, then and now, of distinguishing between
small and large QFs with the application of the IRP
methodology for large QF projects is to more precisely value
the energy being delivered - not encourage or discourage
QF resources.
Order No. 32176, pp. 9-10 (citations omitted, emphasis in original). ln extending the
100 kW published rate eligibility cap from temporary to permanent for wind and solar
QFs, the Commission stated:
Based upon the record in this case and after careful
consideration of the positions presented, the Commission
finds it appropriate to maintain the 100 kW eligibility cap for
published avoided costs rate for wind and solar QFs. We
find that any attempt to implement criteria in an effort to
prevent disaggregation would be met by attempts to
circumvent such criteria. The economic incentive for the
projects is obvious. QF developerc are working within the
current structure provided by this Commission. However, we
emphasize that PURPA and our published rate structure
were never intended to promote large scale wind and solar
development to the detriment of utility customers. Avoided
cost rates are to be just and reasonable to the utility's
ratepayers. 18 C.F.R. S 292.304(aX1), PURPA entitles QFs
to a rate equivalent to the utility's avoided cost, a rate that
holds utility customers harmless - not a rate at which a
project may be viable. 18 C.F.R. S 292.304(aX2). lf we
allow the current trend to continue, customerc may be forced
to pay for resources at an inflated rate and, potentially,
before the energy is actually needed by the utility to serve its
customers. This is clearly not in the public interest.
PURPA and the implementing regulations require only that
the published/standard avoided cost rates be established
and made available to QFs with a design capacity of 100 kW
or less. 'tB C.F.R. S 292.304(c). . . . Wind and solar projects
PETITION FOR DECLARATORY ORDER. 11
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 65 of 87
larger than 100 kW continue to be entitled to PURPA
contracts at avoided cost rates calculated using the IRP
Methodology. Furthermore, a 100 kW threshold for wind and
solar QFs provides a certainty to the parties in negotiations
that disaggregation criteria would not. While we recognize
the impact that this decision will have on srnall wind and
solar projects, it would be erroneous, and illegal pursuant to
PURPA, fur this Commission to allow large projects to obtain
a rate that is not an accurate reflection of the utility's avoided
cost for the purchase of the QF generation.
Order No.32262, p. 8 (citations omitted).
Once again, the Commission is faced with a rush of proposed PURPA proiects
that appear to be configuring themselves in such a manner as to circumvent the
Commission's rules implementing PURPA to the direct detriment of ldaho Power
customers, which is contrary to PURPA. The Proposed Battery Storage Facilities share
the modular, and easily disaggregated, nature of wind and solar generation referenced
by the Cornmission in its orders limiting those resource types to 100 kW for published
rate eligibility. The 148 MW of Proposed Battery Storage Facilities' requests for energy
sales agreements also came in a large amount of proposed MWs in a very short time,
again similar to the previous wind and solar development. ln its order reducing the
maximum contract term for proposed pQects that exceed the published rate eligibility
cap, the Commission stated:
Based upon our record, we find that 20-year contracts
exacerbate overestimations to a point that avoided cost rates
over the long-term period are unreasonable and inconsistent
with the public interest. We find shorter contracts
reasonable and consistent with federal and state law for
multiple reasons. First, shorter contrade have the potential
to benefit both the QF and the ratepayer. By adjusting
avoided cost rates more frequently, avoided costs become a
truer reflection of the actual costs avoided by the utility and
allow QFs and ratepayer to benefit from normal fluctuations
in the market.
PETITION FOR DECLARATORY ORDER'12
case L:l-8-cv-00236-REB Document 7-5 Filed 07/03/18 page 66 of g7
Second, shorter contract lengths do not ultimately prevent a
QF from selling energy to a utility over the course of 20
years - or longer. PUPRA's "must purchase" provision
requires the utility to continue to purchase the QF's
power. . . , A shorter contract length rnerely functions as a
reset for calculation of the avoided costs in order to maintain
a more accurate reflection of the actual costs avoided by the
utility over the long term. . . .
This Order shortens the length of IRP{ased PURPA
contract in order to maintain a more accurate avoided
cost. . . . This Order strikes a balance between just and
reasonable rates for ratepayers, the public interest and
interests of QFs, as is mandated by PURPA and FERC
regulations.
Order No. 33357, p. 23, 32 (emphasis in original). lt is appropriate and within the
exclusive authority of the Commission to act in the public interest to protect customers
from this manipulation of the. rules and extend the 100 kW published rate eligibility cap
to battery storage projects.
ilr. coNcLustoN
ldaho Power respectfulty requests that the Commission issue a declaratory
order, without prejudice to ldaho Power's position on the validity of the underlying self-
certifications, finding that, under the facts presented, the Proposed Battery Storage
Facilities are subject to the same 100 kW published avoided cost rate eligibility cap
applicable to wind and solar facilities. More speciflcally, ldaho Power seeks a
declaratory ruling from the Commission that the proper authorized avoided cost rate for
battery storage facilities, such as those proposed by Franklin Energy Storage One
through Four and Black Mesa Energy, as proiects that exceed 100 kW nameplate
capacity, is the incremental cost IRP methodology with a maximum contract term of two
PETITION FOR DECLARATORY ORDER - 13
case L:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 67 of 87
years-and that battery storage facilities, up to a maximum nameplate capacity of 100
kW, are eligible for published avoided cost rates and a Z0-year maximum contract term.
Respectfi,rlly submitted this 27s day of February 2A17.
DONOVAN E,
Attorney for ldaho Power Company
PETITION FOR DECLARATORY ORDER. 14
Case 1:l-B-cv-00236-REB Document 7-5 Filed 07/03/18 page 68 of 87
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2lh day of February 2017 I served a true and
conect copy of the within and foregoing PETITION FOR DECI.ARATORY ORDER upon
the following named parties by the method indicated belor, and addressed to the
following:.
Franklln Energy Storage One
through Four, LLC
Peter J. Richardson
RICHARDSON ADAMS, PLLC
515 North 27th Street (83702)
P.O. Box 7218
Boise, ldaho 83707
Black llesa Energy, LLC
Brian Lynch
Black Mesa Energy, LLC
P.O. Box2731
Palos Verdes, California 90274
_Hand DeliveredX U.S. Mai!
_Overnight Mail
_FAXX Email [e-mail]
_Hand DeliveredX U.$. Mail
Overnight Mail
_Fff(X Email [e-mail]
(
Christa
PETITION FOR DECLARATORY ORDER.15
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1-8 Page 69 of 87
IT 11DD
case 1:1-8-cv-00236-REB Document 7-5 Filed 07/03/18 page T0 ol gT
Office of the Secretary
Service Date
July 13,2017
BEFORE TIIE IDAHO PUBLTC UTILITIES COMIT,IISSION
IN THE MATTER OT TIIE PETITION OF
IDAHO POWER COMPANY FOR A
DECLARATORY ORDER REGARDING
PROPER CONTRACT TERMS,
CONDITIONS, AND AVOTDED COST
PRICING F'OR BATTERY STORAGE
FACILITIES
CASE NO. IPC.E.I7.OI
0RDER NO. 33785
On February 27 , 2017 ,Idaho Power Company filed a Petition asking the Comrnission
to issue a Declaratory Order regarding proper contract tcrms, conditions" and avoided cost
plicing for five battery storage facilities requesting contracts under the Public Utility Regulatory
Policies Act of 1978 (PURPA). The Commission issued a Notice of Petition and Notice of
Modified Procedure setting deadlines for comments from the battery storage facilities, affected
utilities, Stafl and any interested persons, Order No. 33729- The Commission also granted a
joint Petition to Tntervene by Sierra Club and Idaho Conservation League (ICL). Order No.
33743.
The Commission received comments from the battery storage facilities - Franklin
Energy, LLC and Black Mes4 LLC - followed by comments from Commission Staff, Avista
Corporation, Sierra Club/Idaho Conservation League (lCL), and Idatro Power. Each of the
parties, except Black Mesa, also filed reply comments. .See Order No. 33765 (granting Franklin
Energy's unopposed Motion to extend deadline for reply comments). With this Order, the
Commission grants IPC's request for a Declaratory Order.
BACKGROIIIYD: PUBLIC UTILITY REGULATORY POLICTES ACT
PURPA was passed as part of the National Energy Act of 1978. The Act's goals
include the encouragernent ofelectric energy conservation, efficient use ofresoruces by electic
ulilities, and equitable retail rates for eleclric consumers, as well as the impmvement of electic
service reliability. 16 U.S.C. $ 2601 (Findings). Under the Act, the Federal Energy Regulatory
Commission (FERC) prescribes "broad, generally applicable rules" for PURPA's
implementation, Portland General Electric Co. v. FERC,854 F.3d 692, (D.C. Cir.20t7); L6
U.S.C. $ 824a-3(a), (b). The Act also "requires state public-utility commissions to implement
FERC's rules at the local level." Portland General Electric,854 F,3d 692; 16 U.S.C. $ 824a-
3(f). State commissions "may c<lmply with the statutory requirements by issuing regulations, by
)
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)
)
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oRDERNO, 33785
Case 1:1-B-cv-00236-REB Document 7-5 Flled 07/03/18 page TL of 87
resolving disputes on a case-by-case basis, or by taking any other action reasonably designed to
give effect to FERC's rules," FERC v. Mississippi, 456 U.S. 742, 751 (1982). State
commissions have "discretion in determining the manner in which the rules will be
implemented." Idaho Power Comparryv. Idoho Pub. Lltil. Comm.,l55Idaho 780,782,316 P-3d
1278, t280 (2013).
PURPA requires elecffic utilities, unless otherwise exempted, to purchase electric
energy from QFs. l6 U.S.C. $ 824a-3; see also I8 C.F.R. g 292.1A1 (defining QFs), 292.303(a).
In ldaho, the purchase rate for a utility's contract to purchase QF energy under PURPA must be
approved by this Commission. Idaho Power, 155 Idaho at789,316 P.3d at 1287.
Under PURPA, the purchase rate for PURPA contracts shall not exceed the
"incremental" or "avoided cosf' to the utility, defined as the cost of energy which, but for the
purchase from [the QF], such utility would generate or purchase from another source. 16 U.S.C.
$ 824a-3(d); 18 C.F.R. $ 292.101(6) (defining avoided costs). However, FERC rules require
establishment of "standard rates for purchases from [QFs] with a design capacity of 100
kilowatts or less," and allow "standard rates for purchases from [QFs] with a design capacity of
more than 100 kilowatts." l8 C.F.R. $ 29230a(c)(l), (2). FERC nrles provide that standard
rates "[m]ay differentiate among [QFs] using various technologies on the basis of the supply
characteristics of the different technologies.'n 18 C.F.R. $ 292.304(cx3xii).
This Commission has established two methods of calculating avoided cost, depending
on the size of the QF project: (l) the surrogate avoided resource (SAR) methodology, and (2)
the integrated resource plan (IRP) methodology. See Order No. 32697 at 7-8. The Commission
uses the SAR methodology to establish standard or "published" avoided cost rates. Id.
Currently, the eligibility cap for wiad and solar QFs to access published avoided cost ratcs is set
at 100 kilowatts (kW). QF projects other than wind and solar are subject to a published rate
eligibilitycapof l0averagemegawatts(aMW).OrderNos.32262atl,32697at7-8.
PURPA and FERC's implementing regulations do not dictate a requisite terrn length
for contracts under PURPA. See Afton Energt, Inc. v. Idaho Power, I 07 Idaho 781 , 785-86, 693
P.2d427,431-32 (198a); Idaho Power,155 Idaho at?82,316 P.3d at 1280. Consequently, state
jurisdictions have identified varying minimum contract terms. Since PURPA was first
implemented in Idaho, this Commission has periodically modified the maxirnum length for
PURPA contacts. ,See Order No. 29029. ln 2015, this Commission reduced the term for
")oRDERNO. 33785
case 1:18-cv-00236-REB Documenr 7-5 Filed 07/03/18 page 72 of 87
individually-negotiated PURPA contracts (those not subject to published rates) in ldaho from 20
years to 2 years. Order Nos. 33357,33419. The contract term for published rate contracts
remains at 20 years. See Order No. 33253 (clarifying that the proceedings concerned the
contract term for QFs exceeding the pnblished rate eligibility cap).
IDAHO POWER'S PETITION
Idaho Power stated it received requests for PURPA contracts from five battery
storage facilities (self-certified as QFs)t asserting they are entitled to published avoided cost
rates and Z}-year terms. Petition at 2. The five facilities are Franklin Energy Storage One, Two,
Three, and Four, LLCs and Black Mesa, LLC,2 zurd the contracts request 148 MW of total
combined energy storage. Id. at 4,7, Idaho Power informed Franklin and Black Mesa that it did
not believe any ofthe storage facilities are eligible for published rates and 2O-year contracts. /d
Idaho Power acknowledged that "QF status is within the exclusive jurisdiction [ofl
and properly before FERC"; thus for purposes of its Petition, the Company did not challenge the
QF status of Franklin and Black Mesa. Id. at 5. Idaho Power asserted the Commission has
jurisdiction to issue a Declaratory Order. Id. at 5. Thus, the Company requested a Declaratory
Order that the Franklin and Black Mesa QFs and other battery slorage facilities "are subject to
the same 100 kW published avoided cost rate eligibility cap applicable to wind and solar
facilities." Id. at 13, The Company also requested a ruling that "the proper authorized avoided
cost rate for battery storage facilities . . . that exceed 100 kW nameplate capacity, is [a rate based
on] thc incremental cost IRP mcthodology with a maximum contact term of two yeas." Id. at
13-14.
Idaho Power noted that "the generation soruce that energizes all of the Proposed
Battery Storage Facilities is solar generation," and "the output profile submitted for each of the .
. . Facilities matches the shape and timing of the generation profile of a solar generator." Id. at 7
(citing Attachments I -5). According to the Company, the potential benefits of an economically
I Petition at 4. Franklin and Black Mesa submitted a FERC Form 556 for each of the proposed projects, self-
certiffing that the projects are QPs under I E C.F.R. $ 292.207(a). See Attachments l-5 to Petition.
2 The Black Mesa QF is owned by Redwood Energy, LLC, which submitted commetrts on behalf of Black Mesa as
its corporate owucr. Horryovtr, "Black Mesa Energy, LLC'submitted its Schedule 73 PITRPA conract request form
to ldaho Power on its own bohalf. Anachmeff 5 to Petition, at 4.
30RDERNO. 33785
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 73 af g7
viable utility-scale energy storage facility3 cannot be recognized if QFs "are configured in such a
manner as to come under published rates," or structured to "pass[ ] ttrough as many kW hours as
possible.. .to maximize revenue," as proposed by Franklin and Black Mesa, Id. at 8,
The Company believes that Franklin and Black Mesa are using their QFs to
"circumvcnt the Commission's rules and requirements in its implementation of PURPA for the
state of Idaho," Id. The Courpany assefted the franklin and Black Meea QFs are "nothing more
than a pass through of the solar generation [that will energize their batteries], in what appears to
be a blatant attempt to manipulate the 100 kW published rate eligibility cap and two-year
contract limitation for solar generators." Id. at 9. The Company argued it is appropriate and
necessary for the Commission to grant its requested declaratory relief "extendling] the 100 kW
published rate eligibility cap to battery storage projects . . . to protect customers from this
manipulation of the rules." Id, at13.
COMMENTS
A, Franklin Energy
Franklin opposed Idaho Power's Petition. Franklin asserted there is no "legal
controversy" because the Commission's Orders and policy rulings are "clear [and] unequivocal"
in supporting Franklin's entitlement to published avoided cost rates for up to 20 years. Franklin
Comments at 7-2, 11-12. Franklin quoted Commission Order No. 32697, which provides, "We
find that a 10 aMW eligibility cap for aq;ess tp published ayoided cost rates for resources other
than wind and solar is anprooriate to continue to encourage renewable development while
maintaining ratepay* indifference." Id. at 7 (quoting Order No. 32697 at 14 (emphasis by
Franklin). Also, Franklin quoted the Commission's decision to "maintain the eligibility cap at
l0aI\4wforQFprojectsotherthanwindandsolar@biomass,small
hydro, cogeneration, geothermal, and waste-to-energy)." Id. al l0 (quoting Order No. 32697 a|9
(emphasis by Franklin)).
Franklin argued that, because Commission Order No. 32697 is clear, there "are no
adverse legal interests," and Idaho Power's request must be constued as a request to reconsider
or revise Order No. 32697, Id. at2,4. For such relie( Franklin contended, it and any potentially
affected parties must receive notice and the oppornnity to present evidence and cross-examine
I The Company states that the potential benefits of economically viable, utility-scale energy storage facilities include
"provid[ing] ancillary grid services such as reserve capacity, surge capacity, load-balancing, or voltage support;
firming [ ] variable generation; or time-shifting generation to match load." Petition at 8.
4oRDER NO. 33785
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page z4 at gZ
witnesses. Id. at 3-4. Franklin also argued that the Commission's decision in such a proceeding
must be prospective only, and thus not apply to its legally enforceable oontracts with Idaho
Power for the four proposed battery storage QFs. Id. at 4-5.
ln addition, Franklin challenged - and asked the Commission to disregard - a number
of faotual assertions in Idaho Power's Petition. Franklin contended that, contrary to the
Company's claims, the Franklin QFs (1) "contemplated" energy sources in addition to solar; (2)
have offered to be dispatchable; and (3) will have the ability - 'to varying degrees" - to provide
ancillary grid services, firming of variable generation, and time-shifting generation to match
load. Id. at 14. Further, Franklin disputed that its QFs will merely "pass through" solar power,
arguing that they would instead "utilize renewable energy as input into the battery storage system
. . . lthat would then be] used to provide a non-intermittent, dispatchable product." /d at 15.
Finally, Franklin asserted that it has complied with all the requirements of the
Company's Tariff Schedule 73, which outlines PURPA conbacting procedures, and that as such
it has established LEOs and is entifled to published rates and 20-year contracts. Id. at 17 ,
B, Redwood Energy for Black Mesa
Redwood Energy, LLC, which owns the Black Mesa QF, submitted brief comments
on Black Mesa's behalf, asserting that it qualifies for published rates "because it is a QF twithl
output of less than l0 [aMW] but is not a wind or solar QF that would bc restricted to 100 kW."
Redwood Comments. Redwood contended that the Black Mesa QF "has firndamentally different
characteristics than a wind or solar project without energy storage." .Id According to Redwood,
battery storage 'tnakes output both more predictable and more coincident with system load, thus
[resulting in] a higher Net QualiffingCapacity." Id. Redwood asserted that "[e]nergy storage
will reduce Idaho Power's requirements for Resource Flexibility, thus avoiding a cost that would
be borne but for' thc Black Mesa QF project. Id. Redwood frrrther asserted, "This is a
dispatchable system that will offer ancillary grid services such as voltage support, load shifting,
reserye capacity,load-balancing, [and] firming of variable generation or time-shifting to match
load." Id,
C. Stalf
Staffbelieves there is a legal dispute that can be properly addressed by a Declaratory
Order, namely the terms of PURPA contracts between Idaho Power and the battery storage QFs.
5oRDERNO.33785
case 1:L8-cv-00236-REB Document 7-s Filed 07/03/18 page TS al gT
Staff maintained that Franklin's and Black Mesa's position that they are clearly
entitled to published avoided cost rates under the language of Order Nos. 32262 and 32176 is an
"overly simplistic analysis." Staff Comments at 7. Staff asserted that "the energy source of a
battery system is not an electro-chemical reaction." Id. at 8. Rather, "a battery storage facility
can be a QF only if its energy source complies with PIIRPA and PURPA regulations," consistent
with FERC's analysis in Luz Development and Finance Corporation, 5l FERC P 61,078 (1990),
a FERC order cited in Franklin's comments. Id.
Staff thus reasoned "it is appropriate to look to the Franklin and Black Mesa QFs'
energy sources in determining their eligibility for published rates." Id. Staff highlighted that
Franklin's and Black Mesa's requests for PURPA contracts identified solat as the energy source,
although they have "contemplated" other sources. Id. at 8-9 (citing Franklin Comments at 14
and arguing that "mere contemplation of an alternate sourc€ is insuffrcient to obligate a utility to
purchase power from a battery storage QF with rates and contract terms based on that
hypothetical source"). Staff thus argued that Franklin and Black Mesa are subject to the 100 kW
published avoided cost rate eligibility cap. Id. at 9. Staffasserted &at Franklin and Black Mesa
- as currenily configured - exceed that cap, and are thus eligible for two-year terrns and
negotiated avoided cost rates under the IRP methodology. Id.
Staff argued that Franklin and Black Mesa were interpreting isolated parts of
Commission orders, but ignoring the intent of the orders gleaned by reading them in their
entirety and in context. Staff Comments at 9-7A, quoting Hayes v. City of Plummer, l59Idaho
168, 170, 357 P.3d 1276,1278 (2015) (other citation omitted) (statutory "provisions should not
be read in isolation, but must be interpreted in the context of the entire document").
Staffasserted, "A battery storage QF that would not exist except for its energy source
should not be able to evade an eligibility cap that would otherwise be applied to its energy
sourcp." Staff Comments at 11. "Here, Franklin and Black Mesa - battery storage QFs cturently
intending to use solar as their energy source - should not be exempt from this Commission's
eligibility cap wtrich was intended to prevent disaggregation of large solar projects." .Id Staff
argued Franklin's and Black Mesa's interpretatiou that they are eligible for published rates under
Order No. 32262 is contary to the Commission's intent - ignored by Franklin and Black Mesa,
but expressed throughout OrderNo. 32262 - to prevcnt disaggregation. Id. at 9-l 1,
60RDERNO. 33785
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 76 ot BT
Finally, Staff disputed Franklin's contention that it established a LEO. Id. at9. The
Idaho Supreme Court affrrmed this Commission's deterrnination that a LEO "requires a showing
that there would have been a contract but for the actions of the utility." Idaho Power,155 Idaho
at ?87. Given the undisputed facts that Franklin and Black Mesa proposed to configure their
QFs with solar energy sources, Staff determined thers was no indication that ldaho Power
impeded formation of PURPA contracts. StaffComments at 9.
Given the broader implications of issues raised in the case, Staff recommended that
the Commission initiate a general investigation into the appropriate contract terms for battery
storage QFs. Staff Comments at 1 1.
D. Avbta
Avista Corporation supported Idaho Power's Petition. Avista asserted that battery
storage facilities "should be classified, and treated, in the same manner as tle facilities that
provide the primary energy source for such baftery storage facilities." Avista Comments at 5, 3-
4 (discussing Luz,5l FERC P 61,078). ln other words, battery storage facilities using wind or
solar facilities as their primary energy source should be treated as wind or solar QFs. /d. Avista
proposed that if the Commission rejects the proposal to keat battery storage facilities in the same
marner as their primary energy sourcs, then the Commission should "initiate a generic
proceeding to determine the appropriate treatrnent of such facilities." Id. at 5. Finally, Avista
recommended that the Commission put a "moratorium on energy storage QFs with nameplate
capacities above 100 kW to protect utility customers dwing [a generic] proceeding." Avista
Cornments at 5-6.
E. Sierra Club and ICL
Siera CIub and ICL opposed Idaho Power's Petition, arguing that the Company is
asking to modiff prior Commission Order Nos. 32262 and 33357, and that a petition for
declaratory order is therefore not the appropriate process. Sierra Club/ICL Comments at l-2.
Sierra Club and ICL asserted that the Commission's "inherent, derivative" authority under the
Idaho Uniform Judgments Act "must yield to" the statutory process for "rescinding, altering or
amending prior orders" under ldaho Code $ 6L-624, because othenryise the procedures set forth
in ldaho Code $ 61-624 "become superfluous." Sierra Club/ICL Comments at 3.
The bulk of Sierra Club and ICL's comments challenged the validily of Order No.
33357, the final Order from consolidated proceedings on petitions by Idaho electric utilities to
7oRDER NO. 33785
case 1:l-B-cv-00236-REB Document 7-5 Filed 07/03/18 page 7T of g7
shorren PURPA conhact lengths for projects with lRP-based avoided cost rales. Siena Club/ICL
Comments * 4-19. Sierra Club and ICL raised several arguments why Order No. 33357 is
invalid, and concluded that "the Commission cannot extend [an Order that] exceeded the
Commission's jurisdiction," Id. at 19, Sierra Club and ICL recommended that the Cornmission
"revisit Order No, 33357 for wind and solar projects." Id.
Siena Club and ICL asserted, to the extcnt the Commission considers whether to limit
the length of contracts for battery storage facilities, "it must hold a hearing and make findings
that the contract term allows reasonable opportunity for QFs to attract flrnancing for viable
projects." Id. at2.
REPLY COMMENTS
A. Idaho Power
On reply, Idaho Power stated that the proposed battery storage facilities have not
established a LEO. Idaho Power Reply at7-9. The Company detailed communications betwesn
Idaho Power and the battery storage QFs demonstrating the Company's efforts and actions prior
to filing its Petition here, and attached supporting records. /d (Attachments l-2).
Idaho Power firrther asserted a generic case was not needed. Idaho Power Reply at 5-
6. However, the Company indicated it o'is not necessarily opposed to such proceedings." /d.
B. Franklin and Black Mesa
In its reply, Franklin asserted that Staff is simply ignoring the "clear and unequivocal
ruling by this Commission that all QFs other than solar and wind are entitled to twenty-year
contracts." Franklin Reply at 8. Franklin noted that, "in Luz,FERCwas not'evaluating battery
storage facilities' for the pupose of determining their eligibility for published rates and twenty-
year conlract terms." Franklin's Reply at 2 (emphasis by Franklin). Franklin highlighted that
FERC's conclusion n Lw was that "energy storage facilities such as the proposed Luz battery
system are a renewable source for purposes of QF certification." Id. (quoting Lw at l0).
Franklin argued that Idaho Power, Staff and Avista 'oconveniently ignore the distinct legal status
FERC has declared as to energy storage QFs." Id. at3-4.
Franklin took no position on Staffs recommendation to open a generic case, except to
assert that "such new generic dockets will only have prospective effect," Franklin Reply at 11.
IoRDERNO. 33785
case L:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 7g of 87
C. Stoff
Staff disagreed with Sierra Club and ICL's argument that the petition be construed as
a requcst to modiff thc Commission's Orders. Staff Reply at 3. Staffnoted that the Cornpany's
request is consistenr with Order No, 32262, and consistent with Luz. Id. "Thus there is no
reason - as Sierra Club and ICL contend - for ldaho Power to seek modification of Order No,
32262." Id. Staff further noted that the Company's Petition seeks to apply Order No. 33357
without modification. Id. at4.
Staff disputed the argument by Siena Club and ICL challenging the validity of Order
No. 33357. Staff argued that their challenges exceed the scope of Idatro Power's Petition, and
are barred by Idaho Code $ 6I-625, which precludes collateral attack on a final order of the
Commission. Staff Reply x 4-5.
As to Avista's recommended moratorium on energy storage QFs larger than 100 kW,
Staffrecommended instead that the Commission allow such QFs to enter PURPA contracts, but
that the Cortmission temporarily set a 100 kW threshold for battery storage facilities to be
eligible for published avoided cost rates, pending the outcome of a generic proceeding. Staff
Reply at 2. Staff stated this "would ensure that Idaho Power complies with its obligation to
purchase under PURPA while also protecting ratepayers by ensuring accurate avoided cost
rates." Id. at2-3.
D, Sierra Club and ICL
ln their reply, Sierra Club and ICL argued that Staffened in asserting that the issue of
confract length is in the discretion of state commissions based on FERC's silence about contract
length in its implementing regulations. Sierra Club/ICL Reply at2-4. Siena Club and ICL also
again addressed, as they did in their opening comments, the issue of contract length as it relates
to QFs' financial viability. Id. at 4-6.
COMMTSSION FINDINGS AND DECISION
This Commission has jurisdiction over ldaho Power, an electric utility, pursuant to
the authority and power granted it under Title 6l of the Idaho Code and PURPA. Idaho Code $$
6L-129, 6l-501; 16 U.S.C. $ 82aa-3(0. The Commission has authority under PURPA and
FERC's implementing regulations to set avoided costs, order electric utilities to enter into fixed-
term obligations for the purchase of energy fronr QFs, and implement FERC rules. ,See supra
Background.
9ORDER NO. 3378s
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/1g page 79 of 87
Also, the Commission has jurisdiction to issue declaratory orders under Title 6l of
the ldaho Code and the Idaho Uniform Declaratory Judgments Act of 1933, Idaho Code $$ l0-
l20l et seq. See Utah Pawer & Light v. Idaho Pub. Util. Comm'n, 112 Idaho 10, 12, 730 P.zd
930,932 (1986) (PUC had jurisdiction to determine which regulated electrical utility had the
right to be the sole supplier of electricity to electic customer under the Uniform Declaratory
Judgments Act), A declaratory judgrnent "must clarify and settle the legal relations at issue, and
afford leave frorn uncertainty and controversy which gave rise to the proceeding," Harris y.
Cassia Counly,106 Idaho 513, 517, 681 P.2d 988 (1984) (citing Sweeney v. Am, Nat'l Bk, 62
Idaho 544, 115 P.2d 109 (1941)). For a declaratory judgment to be rendered, theremust bo "an
acfual or justiciable controversy" that is "real and substantial," and "definite and concrete,
touching the legal relations of parties having adverse Iegal interests." Id. at 516 (quoting Aetna
Life Ins. Co. v. Haw orth, 300 U .S. 227, 240-41 ( 1 93 7)).
Under the applicable statutes and case precedent, and in light of the circumstances
here, we have jurisdiction to issue a declaratory order. Idaho Power disagrees with Franklin and
Black Mesa as to which avoided cost rate and eligibility cap should apply to the two battery
storage developers for purposes of forming PURPA contracts. Both sides contend their
respective interpretations of applicable law should govern their contracts. We thus find the
Company, Franklin and Black Mesa have adverse legal interests about which there is "an actual
or justiciable controversy" that is "real and substantial," and "definite and concrete," that we
have jurisdiction to clarifo and resolve. See Haruis, 106Idaho at 516 (quoting Aetna Life Ins.,
300 U.S. at 24A-41). We reject Sierra Clubos and ICL's argument that the Company is actually
seeking modification of the Commission's prior Orders. Siena Club/ICL Comments at 1-2. We
further find Sierra Club/ICL's challenge to the validity of Order No. 33357 to be an
impermissiblc collateral attack, pursuant to ldaho Code $ 6l-625.
We are unaware of any reference in PLIRPA or FERC's implementing regulations
that identifies battery storage as a renewable resource eligible for QF status and the benefits
provided by the Act. Indecd, FERC acknowledged that "[n]either the statute nor the final rule
refers specifically to energy storage systems." Luz tt 61,171. Consequently, our ruling on the
narow declaratory issue before us should not be read to preslrme that this Commission deems
battery storage to be a legitimate qualifring facility eligible for the benefits of PURPA and
ORDBRNO. 33785 10
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 80 of g7
subject to the Act's implementing regulations under FERC, The battery storage facilities' QF
status is a matter within FERC's jurisdiction and is not at issue in this case.
Although FERC goes on in Luz to summarily include battery storage as a renewable
resource for purposes of QF certification, it does so with specific parameters. FERC
distinguishes battery storage from energy sources that generate electric energy and provide the
battery with its resource. FERC states that ". . in order for a storage facility to be a QF the
primary energy source for generation of this energy must be one of Orose contemplated by the
statute for conventional small power production facilities. . , ." Id. "Section 3(l7XA) of the
FPA defines a srnall power production facility as one which 'produces electric energy solely by
the use, as a primary energy source, of biomass, waste, renewable resources, geothermal
resources or any combination thereof."' Id., citing l6 U.S.C, $ 796(17XAXi) (1988). "Primary
energy source is defined as the fuel or fuels used for the generation of electric energy. . . ," Id.,
cttins t6 U.S.C. $ 796(17XBXD (1988).
Luz attempted to convince FERC that a battery storage facility independently meets
the definition of a primar5, energy source because it generates energy when an electro-chemical
reaction discharges the stored power from the battery. Id. at6l,169. Lvz further argued that the
time shifting capability of energy storage "can only make sense and be implemented if energy
storage facilities like the proposed battery system are allowed to operate as QFs and to use
electric energy without an inquiry as to the source of energy uscd to generate that electricity."
Id. a|61,170. FERC rejected this position. "Contrary to Luz's assertion, the primary energy
source of the battery system is not the electro-chemical reaction. Rather, it is the electric energy
which is utilized to initiate that reaction, for without that energy, the storage facility could not
store or produce the electric energy which is to be delivered at some later time. Since this energy
is the primary energy source of the facility, it is necessary to look to the source of this energy as
the ultimate primary energy source of the facility." Id. at 6l,17L
FERC confirmed that cnergy storage facilities are not renewable resources/small
power production facilitiesper se. Id. Electric input is required to produce electric output from
a stomge facility. Id. at 61,772. For this reason, in order to qualiff as a PURPA resource, the
primary energy source behind the battery storage must be considered. We must, then, look to
Franklin's and Black Mesa's primary energy sources in order to determine their eligibility under
PURPA. The primary energy source for Franklin and Black Mesa is solar generation.
oRDERNO. 33785 ll
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 81 of 87
Moreover, the energy generation output profiles for the battery storage facilities are a direct
reflection of the solar generation that operates as the primary energy sowce for the battery
storage facilities. Petition at 7, Attachmcnts l-5.
Accordingly, we find it appropriate to base Franklin's and Black Mesa's eligibility
under PURPA on its primary energy source - solar. Solar resources larger than 100 kW are
entitled to negotiate two-year PURPA conhacts through the use of ldatro's IRP methodology.
Franklin's argument that this Commission's prior decisions clearly and unequivocally allow it
entitlement to published rates ignores FERC's pronoutlcement that energy storage facilities are
not per se renewable resources/small power production facilities under PURPA.
Franklin further maintains that it has established a legatly enforceable obligation
(LEO) requiring Idaho Power to purchase its energy. Franklin Comments at 17. However,
Franklin has failed to prove that Idaho Power impeded Franklin's ability to enter into PURPA
contracts. See ldaho Power,155 Idatro at787, To the conhary, ldaho Power notified the battery
storage facilities that the utility did not believe the projects were entitled to 20-year, published
rate contracts and requested the projects o'supplement your Applications with additional
infonnation that verifies eligibility for the requested rates and terms, or modiff your
Applications to request rates and terms that your proposed projects may qualifr for." Petition,
Attachment 6.
*FERC has given each state the authority to decide when a LEO arises in that state."
Idaho Power,155 ldatro at 787, quoting Power Resource Group, Inc. v. Public Utility Comm'n
of Texas, 422 F.3d 231, 239 (56 Cir. 2005). The facts and evidence in this case reveal that the
parties were in active negotiations which resulted in Idaho Power's Petition for a declaratory
ruling. We decline to interpret a reasonable dispute between the parties regarding contract terms
and conditions as intransigence or a failure to negotiate on the part of the utility. Therefore, we
find that no action (or inaction) of the utility has triggered the creation of a legally enforceable
obligation.
Finally, based on the above findings regarding the characteristics of battery storage
and the compulsory consideration of its underlying primary energy source, we find a generic
investigation unnecessary. We grant ldaho Power's Petition for a declaratory ruling to address
and resolve the legal dispute between Idaho Power and Franklin Energy/Black Mesa arising out
of contract negotiations between the two parties. We find ttrat, as storage facilities with design
oRDERNO. 33785 t2
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page g2 ot g7
capacities that will exceed 100 kW each and with solar as their primary energy source, the
projects are eligible for two-year, negotiated (IRP methodology) contracts.
ORDER
IT IS HEREBY ORDERED that Idaho Power's Petition for declaratory relief is
granted as set forth above.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. ,See ldaho Code $ 6l-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / "
day ofJuly 2017.
ERIC ANDERSON, COMMIS SIONER
ATTEST:
Diane M. Hanian
Commission Secretary
O:IPC-E- 17-01_djh3
4/
ORDER NO. 33785 l3
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 Page 83 of 87
,D IT L2
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page g4 af 87
Ofhce ol'the Secrctary
Service Date
August 29. 201 7
BEFORE THE IDAI{O PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IDAHO POWER COMPANY FOR A
DBCLARATORY ORDER REGARDING
PROPBR CONTRACT TERMS,
CoNDITIONS, AND AVOIDED COST
PRICING FOR BATTERY STORAGE
FACILITIES
CASE NO. IPC-E-I7-OI
oRDElt NO. 33858
On Febnrary 27, 2A17, ldaho Power Cornpany asked the Conurission lbr a
deciaratory order rcgarding proper contract terms. conditions, and avoided cost pricing for five
battery slorage tacilities requesting contracts under the Public Utility Regnlatory Policies Act of
1978 (PURPA).' ,See Order No. 33729. The Conimission issued Final Order No.33785 that
granted Idaho Power's request. Franklirr Enelgy Storage Projects (F'ranklin) timely petitioned
the Cornnrission to reconsider the Final Order. and ldaho Power limely answcred Franklin's
Petition. With this Order, we fi:rd that Frantrlin has failed to meet its burden of showing
reconsidertrtion is vvarranted, and deny [rranklin's Petition,
PETITIONS FOII RECONSIDERATION
Recunsicleration provides an op;lortunity ibr a party to bring to the Contmission's
attention any issue previously detennined, and thereby aftbrds the Commission an oppoltur:ity to
correct any mistake or omission. lla,shinglon Waler Pou,er L-o. v. Kootenai Environmental
Alliance,99 Idaho 875, 591 P.2d 12211979). Under Commission Rule 331.01, "Petitions for
reconsideration must sct forth speciflrcally the ground or grounds why the petitioner contends that
thc order or any issue decided in the order is unreasonable, unlawful, eroneous or not in
corrformity with the law...." IDAPA 31.01.01.331.01.
FRANKLIN'S PtrTITION FOR RECONSIDBRATION
Frarrklin's Petition asked the Commission to reverse the Final Order and dcny Idaho
Power's request lbr declaratory relief because parts of the Final Order are "mistaken,
unreasonable. unlawful, errolleous, and not in conformity with the law." Franklin Petition at 1,
10. Franklin argried that, while the Commission conceded that battery storage facilities'
qualilying f'acility (QF) status is a matter within the Federal Energy Regulatory Commissiolt's
(FERC's) jurisdiction, the Commission ncvertheless determined that "energy storage QF
)
)
)
)
)
)
)
0RDER NO. 33858 I
Case 1:l-8-cv-00236-REB Document 7-5 Filed 07/03/l-B page 85 of 87
fhcilities that use solar power as a primary energ), input are, in f'act. ls]olar QFs and not energy
storage QFs," intruding orr FERC's jurisdiction. Id. at 3 , 6.
According to Frarrklin, the Commission erred. in part due to its misreading of FERC's
lr.z decision. ld. at8 (ret-erring lo Luz Developmenl and Finortce Llorp.,5l FERC ti 61,078
(1990)). Franklin asserted that in luz. FERC ruled that energ), storage facilities are QFs, so long
as tlrey meet the fuel-use criteria and other requirements for QF status. Id. at9. Franklin fliither
assel'ted that in lzs, FERC looked to the primary energy source behind the storage system to
confirm that the storage system is a QF but did not consider the primary energy source to be the
QF. Id. Franklin claimed this Commission found that "an energy storage facility's primary
source of energy is the QF and not the storage facility itself." Icl. at 6.
Franklin therefore argued that the Commission exceeded its jurisdiction under
PURPA by granting Idaho Power's request for relief and "illegally finding that energy storage
t-acilities that use solar power to charge the underlying storage devices are not energy storage
QFs, but are instead solarQFs." Id. atl0 (quoting Indep. Energl ProducersAss'nv, Caldornia
Puh. Uril. Conun'n,36F.3d 848, 856 (9th Cir. 1994)).
IDAHO POWER'S ANSWER
Idaho Power asserted that Franklin's "sole basis of enor" was "that the Commission
irnproperly made a determination as to the [QF-] status of the Franklin" projects. Idaho Power
Answer to Petition for Reconsideration (Idaho Power Answer) at 2. Idaho Power contended
l:ranklin's argument is incorrect. According to Idaho Power. the Conrmission (in Final Order
No. 33785) determined the proposed battery storagc facilities' proper avoided cost rate and
contract term, not thcir QF status, which the Cornmission expressly accepted as undisputed for
purposes of the case. Id. al2-4. 'fhe Company also noted that the Commission has the exclusive
jurisdiction to determine proper avoided cost rates and contractual terms as applied to tl're baltery
storage lhcilities, which is w'hat the Commission did in the Final Order. Id. at3-4. Because the
Final Order was based upon substantial arrd competent erridence in the record, and the
Commission regularly pursued its authority and acted within its discretion, Idaho Power asked
that the Commission deny Franklin's Petition. Id. at 5.
COMMISSION DISCUSSION AND FINDINGS
Franklin argues that the Final Order is "unreasonable, unlawful, erroneous or not in
conformity with the law" and should be reconsidered because it infringed on FERC's jurisdiction
2ORDER NO. 33858
Case 1:18-cv-00236-REB Document 7-5 Filed 07/03/i-B page 86 of 87
to deterrnine QF status. Franklin's only legal authority tbr its argument is Inelep. Energl,
Producers,36 F.3d at 856, in which the Ninth Circuit Court of Appeals opined that the authority
to make QIr status detenninations belongs to FERC, no1 the states. Franklin asserts that. contrarl,
to Inc{ep. Energl, Prodncers. we determined the QF status of battery storage facilities in the Final
Order. We did not. F'ranklin's mischaracterization of our Final Order is a frivolous cffort to
contrive a legal basis for reconsideratiou.
Franklin contends rve detemrined that the primary energy source behind a battery
storage QF is the QF. based on a misreadiug of FERC's decision in Lw Development and
l;inance Oorporation 51 FERC 1161,078. Franklin Petition at 9. This Commission did not find
that tl,e prirnary energy source bchind a battery is the QF, nor did we asseft that Luz stands for
such a proposition. In the Final Order, we explicitly recognized that "battery storage facilities'
QF status is a matter within FERC's jurisdiction" and we acknowledged the self-certifications of
Franklin's QFs. Final Order No. 33785 at 3, t0-1 1. Consistent with FERC's analysis in Luz,we
Iooked to the primary encrgy source of Franklin's battery storage QFs to determine the projects'
eligibility to particular avoided cost rates and contract tenns.
It is well-established that state commissions such as this Commission have broad
discretion and authority to establish and approve the terms and conditions of PURPA contracts,
in implementing FERC rules. l6 U.S.C. $ 82aa-3(f)(l) ("each State regulatory authority shall . .
, implement such rule (or revisecl rule) lbr each electric utility for which it has raternaking
authority"): tntlep. Energy Protlucers,36 F.3d at 856 (noting state commissions' broad authority
to implement PURPA); see also Portland General Electric Co. v. ITERC. 854 F.3d 692, (D,C.
Cir.2017); klaho Power Companyv. Idaho Pub. Util. Comm., 155 Idaho 780,782,316 P,3d
1278,1280 (2013); FDRC v. Mi,ssissippi,456 U.S. 742,751 (1982). Pursuant to such authority,
and consistent with FERC's reasoning in Luz, we concluded that Franlilin was eligible fbr two-
year contracts at negotiated avoided cost rates. Final Order No. 33785 at I2. Franklin failed to
shorv that Final Order No. 33785. or any issue in it, is unreasonable, unlawiul, erroneous or not
in confonnity with the law. We thus deny Franklin's Petition.
ORDER
. IT IS HEREBY ORDERED that Franklin's Petition for Reconsideration is denied.
THIS IS A FINAL ORDER DENYING RECONSIDERATION. Any party
aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No.
)ORDER NO. 33858
case 1:18-cv-00236-REB Document 7-5 Filed 07/03/18 page 87 of 87
IPC-E- 17-01 uray appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and
the Idaho Appellate Rules. See ldaho C'ode \ 6l-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day ofAugust2017.
PAUL PRESIDENT
RAPER,
2"4
fr
ERIC ANDERSON, COMMISSIONER
ATTEST:
Diane M. Hanian
Commission Secretary
0: I PC-E- I 7-0 I _djh4_Reconsidcration
4oRDER NO. 33858