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In light of a factual error, a federal appeals panel should reconsider its February 20 opinion rebuffing a challenge to Federal Energy Regulatory Commission orders approving changes to the minimum offer price rule (MOPR) of PJM’s capacity market, said a coalition of consumer-owned utilities, including APPA. In an April 4 filing in New Jersey Board of Public Utilities v. FERC, APPA and the others specifically asked the U.S. Court of Appeals for the Third Circuit to reconsider its decision to dismiss as moot the challenge by consumer-owned utilities of 2011 FERC orders eliminating a carefully negotiated guarantee that capacity market offers by self-supply resources would always clear the capacity market.

That guarantee protected consumer-owned utilities and other self-suppliers from paying twice for the same capacity.

The court erred in finding that consumer-owned utilities' self-supply appeal was mooted by a 2013 FERC order approving a compromise under which self-supply offers in PJM are exempt from mitigation entirely if they satisfy proposed "net-short" and "net-long" tests, said American Municipal Power, Inc., APPA, the National Rural Electric Cooperative Association, and Old Dominion Electric Cooperative. The court said the FERC order "completely and irrevocably eradicated the effects of the alleged violation," but that order "is under reconsideration by the agency and is not, in fact, irrevocable," APPA and the others said in requesting reconsideration. —ROBERT VARELA

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Hometown Connections International, LLC

The city of Boulder, Colo., took the first formal step this week toward creating a municipal electric utility that could take over local electric service from investor-owned Xcel Energy. Voting unanimously on April 16, the City Council approved an ordinance that would create a city-owned utility, at least on paper.

City leaders have said Boulder has not made a decision yet about whether to move forward with a city takeover of Xcel's distribution system. But by passing the ordinance forming a city-owned utility, they intend to put Boulder in a good position to issue bonds to pay for such a takeover. (See Public Power Daily, April 15.)

The ordinance will be discussed at a public hearing, and the City Council will vote on it again on May 6. If it is approved at that meeting, it will be effective in early June.

The ordinance would create a municipal electric utility, establish the City Council as the utility's governing body, and create a board to advise the council. No one would be appointed to the board until the utility is ready to operate, the city said. If the city does not complete the municipalization process, the ordinance could be removed from the Boulder Revised Code.

More information is posted at www.boulderenergyfuture.com. —JEANNINE ANDERSON

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SEDC, Inc.

The Environmental Protection Agency acted reasonably in amending its emission standards for small diesel generators (known as the RICE rule) to allow for up to 100 hours of emergency demand response use, a coalition of utility groups (including APPA) and demand response providers told a federal court. In an April 4 joint brief in Delaware Department of Natural Resources and Environmental Control, et al., v. EPA, the coalition urged the U.S. Court of Appeals for the District of Columbia Circuit to reject challenges to the amended RICE rule that EPA issued on Jan. 20.

The agency also acted reasonably in establishing a regulatory subcategory for units located in sparely populated areas, given the difficulty of accessing engines in such locations, the coalition said.

Joining in the brief were APPA; EnerNOC, Inc.; EnergyConnect, Inc.; Gas Processors Association; Innoventive Power, LLC; Kansas Power Pool; and the National Rural Electric Cooperative Association. —ROBERT VARELA

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EVENTS CALENDAR


DEED webinar – New Program Options to Engage High School Students on Energy Usage
April 23

Webinar – Determining Revenue Requirements for Your Utility
April 24

General Accounting, Finance & Audit Spring Meeting
Washington, D.C.
April 24-25

RP3 webinar – Safety
April 25

Webinar – Industry Issues and Challenges Facing Public Power Governing Bodies
April 30

RP3 webinar – Workforce Development
May 2

Spring Education Institute
Myrtle Beach, S.C.
May 5-9

DEED webinar – Better Building Practices Toolkit for New Residential Construction
May 8

RP3 webinar – System Improvement
May 9

Webinar – Overview of Utility Financial Operations for Board and Council Members
May 13

Webinar – The Leadership Development Process
May 15

Webinar – Development of Cash Reserve Policies
May 20

DEED webinar – DSTAR: Best Practices Guide to Preventing Copper Theft
May 21

Webinar – Technology: From Meter Reading to Customer Information Systems
June 3

DEED webinar – Energy and the Environment, a High School Curriculum for Public Power
June 11

Webinar – Accounting Standards and Reporting Framework Update
June 12

National Conference & Public Power Expo
Denver, Colo.
June 13-18


Webinar – Introduction to Legislative Issues and Grassroots Advocacy
June 25

Webinar – Rate Making for Utility Boards and City Councils
June 30

DEED webinar – Customizable Weather Database Helps Utilities Handle Customers' High-Bill Complaints
August 20


For a full APPA Events Calendar, visit Publicpower.org.


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Naylor, LLC

CLASSIFIEDS

Regulatory counsel—The American Public Power Association is recruiting for a regulatory counsel to assist in energy policy formulation and policy advocacy before the Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC), federal courts, other federal/state agencies and industry policy forums. The incumbent participates in and monitors FERC dockets and NERC activities of interest to the association and its members, as well as advocates association positions in these forums and participates in coalitions on such matters with other industry associations and groups as appropriate. The incumbent also communicates with individual APPA utility members, groups of members and their counsel to develop and coordinate consistent policy positions. Required education and experience includes:

• a law degree and appropriate bar admissions to practice law before state and federal courts;
• prior relevant experience in FERC and NERC regulatory matters;
• broad experience in electricity policy issues;
• the ability to analyze legal issues, draft complex legal documents, understand multifaceted regulatory, technical and economic issues and develop solutions;
• the ability to help plan and organize educational offerings on areas of expertise for the association; and
• the ability to communicate effectively—verbal and written communications—and gain cooperation from staff, members, outside counsel, other industry association representatives, press and the public.

Apply: For more information, go to www.PublicPower.org. Interested candidates should email a cover letter and resume to HumanResources@PublicPower.org with "Regulatory Counsel" in the subject line. APPA is an equal opportunity employer.

Transmission and distribution systems operations manager—Tacoma Power in Washington is hiring a transmission and distribution systems operations manager to manage operations of the Energy Control Center, including shift operations of the system power dispatchers, dispatcher candidates and senior substation operators. The position supervises 29 employees. Compensation: The yearly salary is $118,456 to $151,860.80. Qualifications: The position requires a Bachelor of Science degree or completion of an electrical apprenticeship and five years experience. Apply: Inquire at www.mytpu.org/jobs.

Senior distribution planner—The City of Redding Electric Utility in California is seeking a senior distribution planner to design new and modify existing overhead and underground electric transmission and distribution facilities; develop master distribution system plans; and prepare work orders, estimates, material lists, cost of service studies and standard drawings. The candidate may also provide training and supervision to lower level classifications. Apply: If interested, please see the detailed job announcement and apply online at www.ci.redding.ca.us. This recruitment may close at any time with minimal or no notice, therefore; prompt application is encouraged. Please apply immediately. The position is open until filled. EOE/FAAE.


Check out APPA's career services on the Web

Visit the Career Center at PublicPower.org. Our career center allows job seekers to upload resumes, and recruiters to obtain resumes from job seekers. Classified ads in Public Power Daily and Public Power Weekly cost 70 cents per word for APPA members, and 80 cents per word for nonmembers, for a one-week run. Job posting subscriptions are available in packages of five, 10, or unlimited for a full year. The weekly deadline for placing a classified ad is every Thursday at 12 p.m. (Eastern time). If you have questions about classified ads, please write to jobs@publicpower.org, or call 202/467-2958.

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Naylor, LLC


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Naylor, LLC

Naylor, LLC

Naylor, LLC

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