Whitney MCMurdie's Intern Presentation Fall 2013 Legal

1. Renew Missouri
WHITNEY’S PROJECTS

2. Project Description
1. Springfield/ Clarkson Valley Ballot Initiative
Feasibility
Research how to get an initiative on the ballot &
what the initiative would entail.
2. Update dropbox folders with docket files from
EFFIS (electronic information filing system)
Download, Copy, & Paste
3. Help staff attorney (Andrew) read through
docket files for pending cases, and misc.
Read testimony, depos, etc. and send memo to
Andrew
4. Research appeals process from the PSC In the event we don’t get a favorable outcome for
the 1% cases, know the appeals process and
inform Andrew of it.
5. Listen to PSC (Public Service Commission)
Committee Meeting to speculate how they will
rule on our case.
EC-2013-0377 Ameren and Empire
6. Columbia Water & Light (CW&L) Remote Net
Metering and Community Solar
-Research Missouri law re net metering
-Attend a pre city counsel meeting discussing a
possible comm. solar program.
7. Data Requests Compile excel sheet to help staff attorney more
easily figure out what data requests we want a
copy of.
PROJECTS:

3. 1) Main objective:
a. Figure out how to get an initiative on the Springfield ballot for solar rebates.
2) Why need an initiative?
a. Missouri is a “home rule” state.
b. This means that the city municipality is able to govern itself to a large extent as long
as they still abide by the state and federal constitution.
3) Major challenges presented:
a. Increase in # of signatures needed from 7%-10%  approx. 7, 200 valid signatures.
b. “Appropriations”
SPRINGFIELD BALLOT
INITIATIVE:

4. 1. City government is made up of a mayor and his board of aldermen.
2. Solar Energy System Ordinance:
a. Building Code art. I §500.020, Ch. 23
b. This ordinance specifies the rules governing the installation of solar on individual
houses and office buildings.
c. Does not include a provision for solar rebates to be given.
3. There is no city charter.
4. Municipal Code does not mention a referendum or initiative process.
CLARKSON VALLEY

5. 1) Lots of reading…
2) Synthesizing information from the cases
3) Researching relevant law for the cases that we are
working on
4) Look up procedural rules when needed
5) Writing up a memo of the information I read so
staff can use them as a quick reference.
PROJECTS FROM STAFF ATTORNEY
(ANDREW): WHAT THEY ENTAIL

6. Before After
EFFIS:

7. File notice of appeal with the commission: RSMo §386.515
1. must be done within 30 days after the application for a rehearing id denied, or if granted then within
30 days after the rendition of the decision on rehearing.
2. the commission with then forward the case to the WD Court of Appeals.
Conents of the Notice:
1. application for rehearing
2. copy of reconciliation requirement per sub-section 4 of 386.420 (see below)
3. concise statement of issues to be appealed
4. full and complete list of the parties to the commission proceeding
5. Any other information specified by the rules of the court
Other important information:
1. No new or additional information may be introduced in the appellate court, but the cause shall
be heard by the court without intervention of a jury on evidence and exhibits introduced before
the commission and certified to it.
2. Case will be certified within 30 days of the filing of the notice of appeal.
APPEALS PROCESS

8. TEMPLATES:

9. 1. Hydroelectric Power:
 Concerns the counting of existing hydropower generators of less then 10 MWatt as
eligible renewable energy source.
 Argument: whether the language of the statute says that each generator within the plant
has to be less than 10 Mwatt or whether the entire plant has to be less than 10 Mwatt (we
argue the latter)
2. Compliance to RES with Pre-Compliance Era RECs:
 Whether RECs purchased before 2011(the first compliance era) can be applied
3. Geographic Sourcing Requirement:
 If RECs are purchased from another states does the utility have to show
evidence that that energy was actually used in MO?
1. Constitutional Argument:
 JCAR didn’t have the authority to change the language of the rule before it was
implemented.
PSC MEETING MINUTES: EC-2013-
0377 (AMEREN & EMPIRE)

10. • Can Columbia do a remote net
metering program?
• CW&L net metering policy was
not in compliance with net
metering law
• Conditioned receiving retail value
for energy produced on giving the
energy to CW&L (PJ, AL, and I
discussed this with JH)
CW&L

11. What is it?
1. Not located on property but receive either power or financial credits.
2. Few states mandate community solar. (CA, CO, DC)
3. Offers solar at competitive rates or less than what they would pay to install on their house (Allows people to
take advantage of economies of scale).
4. Many states are using community solar to comply with RES
What are the options for implementing?
1. Capacity based:
 Customer is either buying a KWatt or KWatt Hr
 Bill for generation = generation actually produced or based on as established rate based on the total life generation
of the KWatt.
2. Generation based:
 Customer id buying a KWatt Hr
 Have to make sure to generate the amount of KWatt hours that you are selling to people
 i.e. Sacramento only sells up to 95% of its energy needs for any given period so they have a 5% buffer to
make sure they are producing enough renewable energy to meet the community solar demand.
COMMUNITY SOLAR

12. DATA REQUESTS