Elster Solutions, LLC

Public Power Daily
Friday, September 12, 2014 Past Issues | Subscribe | Printer-Friendly | Advertise | RSS
PublicPower.org | PublicPowerMedia.org | APPA Online Suppliers Guide | Public Power TV
A federal appeals court on Thursday affirmed a lower court decision striking down a law passed by the New Jersey Legislature in 2011 to encourage the construction of new power plants in the state.

The Sept. 11 ruling by the U.S. Court of Appeals for the Third Circuit in the case, PPL EnergyPlus v. Solomon, affirms a November 2013 decision by the U.S. District Court for the District of New Jersey nullifying the 2011 New Jersey law, the Long Term Capacity Pilot Program Act (LCAPP).

When New Jersey arranged for generators to receive long-term capacity rates under LCAPP, "the state entered into a field of regulation beyond its authority," the Third Circuit said. The appeals court agreed with the lower court that interstate rates for wholesale electric capacity are the exclusive domain of the Federal Energy Regulatory Commission (FERC).

"We affirm the District Court’s judgment," the Third Circuit said in its opinion, written by Circuit Judge Julio Fuentes. "LCAPP compels participants in a federally-regulated marketplace to transact capacity at prices other than the price fixed by the marketplace. By legislating capacity prices, New Jersey has intruded into an area reserved exclusively for the federal government. Accordingly, federal statutory and regulatory law pre-empts and, thereby, invalidates LCAPP" and the standard offer capacity agreements that were set up by the New Jersey Department of Public Utilities.

However, the court added, "In deciding that LCAPP has been field pre-empted because it sets capacity rates, we do not accept the argument that field pre-emption will occur whenever a state’s legislation indirectly affects matters within FERC’s jurisdiction. By statute and tradition, states have a role to play in energy markets."

In a friend-of-the-court brief filed early this year, APPA and the National Rural Electric Cooperative Association argued that the original ruling was wrong, and runs counter to the public interest. They said that the District Court decision was based on an erroneous reading of the Federal Power Act and of FERC policy (see Public Power Daily, Jan. 31, 2014). —JEANNINE ANDERSON

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

SEDC, Inc.

Wired Group

More than 50 senators on Thursday argued in a letter to Environmental Protection Agency Administrator Gina McCarthy that the agency should extend by 60 days the existing comment period for the EPA’s proposed rule to reduce carbon dioxide emissions from existing power plants.

As things stand now, comments on the proposed rule are due Oct. 16. But 53 senators, including 10 Democrats, said in a letter to McCarthy that an extension of the comment period is needed for a variety of reasons.

"While we appreciate EPA granting an initial 120 day comment period, the complexity and magnitude of the proposed rule necessitates an extension," the lawmakers wrote. This extension "is critical to ensure that state regulatory agencies and other stakeholders have adequate time to fully analyze and comment on the proposal."

The senators also said that it is "important to note that the challenge is not only one of commenting on the complexity and sweeping scope of the rule, but also providing an opportunity to digest more than 600 supporting documents released by EPA in support of this proposal."

The lawmakers said that the proposed rule regulates or affects the generation, transmission and use of electricity "in every corner of this country." States and stakeholders "must have time to fully analyze and assess the sweeping impacts that the proposal will have on our nation’s energy system, including dispatch of generation and end-use energy efficiency."

The senators said that in light of the "broad energy impacts of the proposed rule, state environmental agencies must coordinate their comments across multiple state agencies and stakeholders, including public utility commissions, regional transmission organizations, and transmission and reliability experts, just to name a few."

The proposed rule "requires a thorough evaluation of intra- and inter-state, regional, and in some cases international energy generation and transmission so that states and utilities can provide the most detailed assessments on how to meet the targets while maintaining reliability in the grid," the senators told McCarthy. "This level of coordination to comment on an EPA rule is unprecedented, extraordinary, and extremely time consuming."

The lawmakers also said that it is "important to note that the proposed rule imposes a heavy burden on the states during the rulemaking process." They said that if the states want to adjust their statewide emission rate target assigned to them by EPA, they have to provide their supporting documentation for the adjustment during the comment period. "The EPA proposal provides no mechanism for adjusting the state emission rate targets once they are adopted based on the four building blocks."

Therefore, the states "need enough time to digest the rule, fully understand it, and then collect the data and justification on why their specific target may need to be adjusted, and why the assumptions of the building blocks may not apply to their states." The senators said that this "cannot be adequately accomplished in only 120 days."

When it issued the proposed rule this summer, EPA said a mix of four "building blocks" make up the best system of CO2 emission reductions under the Clean Air Act: make fossil fuel power plants more efficient (by increasing heat rates); make more use of lower-emitting power sources (natural gas combined-cycle units); use more zero- and low-emitting power sources (nuclear and renewables); and use electricity more efficiently. 

Several state regulators on Sept. 9 testified before a House hearing related to the proposed rule (see Public Power Daily, September 10, 2014). That same day, 15 Republican governors sent a letter to President Obama in which they voiced concerns about the EPA proposal.

A final rule is expected in June 2015.—PAUL CIAMPOLI

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

LiveWire Compliance, LLC

The House on Tuesday passed H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act, by a vote of 262-152. The American Public Power Association supports the measure.

The bill, authored by Rep. Steve Southerland, R-Fla., is designed to block the "Waters of the U.S." rule proposed earlier this year by the Environmental Protection Agency and the Army Corps of Engineers. The rule would expand both agencies' jurisdiction over waters regulated under the Clean Water Act (see Public Power Daily, March 27).

H.R. 5078 would prohibit the EPA and the Army Corps of Engineers from developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed Waters of the U.S. rule, and would prevent them from using the rule as a basis for future administrative actions. It would also prohibit any "guidance" that would expand the scope of waters covered by the CWA and the agencies’ interpretive rule, which would broaden regulation of the agricultural community.

The legislation now goes to the Senate for consideration, but is not likely to be acted on in the Senate. —JEANNINE ANDERSON

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 
Federal energy regulators have signed off on a proposal by ISO New England and the New England Power Pool Participants Committee aimed at ensuring reliability in the region this winter.

At the same time, the Federal Energy Regulatory Commission in its Sept. 9 order said that it expects ISO-NE to stick to its commitment to develop a long-term, market-based solution to address winter reliability issues.

The decision responds to a July proposal, made by ISO-NE and the NEPOOL Participants Committee, which was intended to aid ISO-NE in maintaining reliability during winter 2014-2015.

ISO-NE said that the 2014-2015 winter reliability program is a temporary out-of-market solution intended to maintain reliability. Specifically, the program is designed to ensure there will be adequate fuel supplies, by creating incentives for dual-fuel resource capability and participation; offsetting the carrying costs of unused firm fuel purchased by generators; and providing compensation for demand response services. The plan is modeled on last year’s winter reliability program, which bridged the reliability gap created by the colder than average winter weather. 

Initially, ISO-NE hoped that market improvements such as offer flexibility changes and FERC’s clarification of generator obligations would sufficiently address the region’s dependence on natural gas for the upcoming winter.

But several factors caused ISO-NE to conclude that a program to prepare for winter was necessary.  Among other things, ISO-NE said that the retirements of non-gas generation capable of producing 2.6 million MWh during the winter period -- more than the entire program targeted last year -- will potentially make the region more reliant on natural gas this year as compared to last year.  Second, ISO-NE reported that there were more natural gas pipeline constraints last winter than it had expected.

Under the program for winter 2014-2015, generators that meet a minimum oil requirement at the beginning of the winter will receive an end-of-season payment.  This is intended to encourage generators to rely on upfront inventory rather than replenishment and to ensure that there is sufficient oil to meet the region’s needs during the winter.

In addition, natural gas-fired generators that commission or recommission dual-fuel capability are eligible for compensation to offset some of their costs.  ISO-NE said that dual-fuel generators can offer valuable fuel flexibility to replace a fuel that is unavailable to the generator or to preserve gas supplies that can be allocated to other non-dual-fuel generators. To be eligible, generators must not have operated on oil since at least December 1, 2011 and must notify the ISO before December 1, 2014 with a plan for commissioning, including a target date on or before December 1, 2016.

Other elements of the program include market monitoring changes and a demand response component. FERC said that the proposed market monitoring changes are intended to introduce additional operational flexibility for dual-fuel resources to manage fuel inventory and would remain in effect beyond winter 2014-2015.  With these changes, when fuel markets are volatile, a resource will not be required to demonstrate to ISO-NE’s independent market monitor that it burned the fuel associated with its offer that cleared in the day-ahead market.

The proposed demand response component is similar to the demand response service in last winter’s program. Participation is available to demand response assets that are not otherwise participating in the wholesale markets or have capacity in excess of capacity supply obligations already committed in the region’s forward capacity market. However, there are several changes that distinguish the demand response component of the 2014-2015 winter reliability program from last year’s program. For example, this year’s program gives system operators additional dispatch flexibility, FERC noted.

FERC said that while it was accepting the 2014-2015 winter reliability program "as an out-of-market solution because of its temporary nature, we expect ISO-NE to abide by its commitment to develop a long-term, market-based solution to address winter reliability issues."

FERC therefore required ISO-NE to initiate a stakeholder process by January 1, 2015 to develop a proposal to address reliability concerns for the 2015-2016 winter and future winters, as necessary. "We also require ISO-NE to submit to the Commission a stakeholder meeting schedule within 30 days of the date of this order and progress reports every 60 days thereafter for the next 12 months," FERC added. —PAUL CIAMPOLI

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 
Our publishing partner, Naylor Association Solutions, sends Public Power Daily to you every morning from their office in Winnipeg, Canada. As part of improvements to its system, Naylor will begin sending all APPA newsletters from a new email address, starting on Monday, Sept. 15.

To ensure you continue receiving the newsletter, please add newsletter@naylorcampaign11.com to your contact list, or ask your IT department to whitelist this Naylor address for all employees in your company. Thank you very much.

If you have questions about this, please call Fallon Forbush, APPA, at 202/467-2958, or email him at FForbush@PublicPower.org.

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

EEFG - Energy Efficiency Funding Group, Inc.

EVENTS CALENDAR


Business and Financial Conference
Portland, Oregon
September 14-17

Webinar – Smart Grids Enable Smart Cities: Insights into the Benefits New Technologies Offer Public Power Communities
September 23

NERC Critical Infrastructure Protection (CIP) Version 5 Compliance Program Development Workshop
Scottsdale, Arizona
September 29-30

Fall Education Institute
Scottsdale, Arizona
September 29-October 3

Webinar – Achieving Excellence in Public Power Governance
September 30

Public Power Leadership Workshop
Scottsdale, Arizona
October 1-3


Webinar – Performing a Utility Financial Check-Up
October 16

Legal Seminar
San Antonio, Texas
October 19-22

DEED webinar – Measuring Energy Savings Using Non-Intrusive Devices Inside Residential Customer Homes
October 23

Customer Connections Conference
Jacksonville, Florida
October 26-29

Grid Security Summit
Arlington, Virginia
November 12-13

Webinar – It's a Wrap: A Look Back at Legislative, Regulatory, and Political Developments in 2014
December 9

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


Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 



Webinar – Rural Broadband Funding Opportunity for Public Power Utilities
September 11

Business and Financial Conference
Portland, Oregon
September 14-17

Webinar – Smart Grids Enable Smart Cities: Insights into the Benefits New Technologies Offer Public Power Communities
September 23

NERC Critical Infrastructure Protection (CIP) Version 5 Compliance Program Development Workshop
Scottsdale, Arizona
September 29-30

Fall Education Institute
Scottsdale, Arizona
September 29-October 3

Webinar – Achieving Excellence in Public Power Governance
September 30

Public Power Leadership Workshop
Scottsdale, Arizona
October 1-3


Webinar – Performing a Utility Financial Check-Up
October 16

Legal Seminar
San Antonio, Texas
October 19-22

DEED webinar – Measuring Energy Savings Using Non-Intrusive Devices Inside Residential Customer Homes
October 23

Customer Connections Conference
Jacksonville, Florida
October 26-29

Grid Security Summit
Arlington, Virginia
November 12-13

Webinar – It's a Wrap: A Look Back at Legislative, Regulatory, and Political Developments in 2014
December 9

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


Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

Naylor, LLC

CLASSIFIEDS

Director of human resources and administration— The American Public Power Association seeks a director of human resources and administration to manage the development and implementation of the association’s policies and procedures that govern human resources and office administration. The director will manage the administration of employee benefit programs in conjunction with finance and legal staff members, including APPA’s defined benefit pension plan, 401(k) plan, health insurance plans, and voluntary benefit plans. The position is responsible for ensuring a positive employee-employer environment through oversight of employee recruitment, training and development, evaluation, and retention. The position also supervises support services staff and equipment (aside from I.T.), and will act as a liaison with the landlord and office service vendors and insurance brokers to ensure a quality work environment. Required education and experience:

• degree from a four-year college or university with major coursework in human resource management, business • • administration, or related field; master’s degree preferred;
• ten or more years work experience in human resources, with substantial prior experience in a management-level capacity;
• SPHR certification or demonstrated coursework toward achieving the SPHR certification preferred;
• strong interpersonal and communications skills, both oral and written;
• excellent conflict resolution and mediation skills;
• ability to work independently and exercise sound judgment;
• thorough knowledge of all aspects of HR administration;
• current knowledge of trends, practices, regulations, and developments in the HR area;
• ability to foster trust throughout the organization in the impartiality and integrity of the HR function, including the • ability to maintain the highest level of confidentiality and ensure fair treatment;
• knowledge of federal and local labor laws and their application;
• knowledge of budgeting, personnel, and administrative techniques;
• knowledge of lease administration and building services practices;
• ability to pay attention to detail and maintain accurate recordkeeping;
• history of excellent customer service delivery; and
• proficiency in Microsoft Office Suite.

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

Electrical engineer II or senior engineer I— The Benton Public Utility District in Kennewick, Washington, is seeking an electrical engineer II or senior engineer I with strong competency in the fundamentals of electrical power system engineering, coupled with experience and/or a desire to apply state-of-the-art electric utility technologies. We are deploying a number of exciting technologies and systems. Our engineers work to support many of the traditional elements of the electric utility business, including 115-kV transmission lines and high-voltage substations and distribution systems, while also having the opportunity to apply advanced technologies. The work is diverse and challenging, and our company is small and personal. Compensation: We offer a comprehensive compensation and benefits package. Apply: For further position details, minimum requirements, and application information, visit our website at www.bentonpud.org/careers. Benton PUD is an equal opportunity employer: minorities/women/veterans/disabled.

Senior substation design engineer— MEAG Power in Alpharetta, Georgia, is accepting applications for a senior substation design engineer. Qualifications: The position requires a bachelor’s degree in engineering, eight to 10 years related experience in the electric utility industry, and a professional engineering license (Georgia preferred), or the ability to obtain one within a year. Apply: Apply at www.meagpower.org.

Manager of electric operations— The City of Geneva Public Works Department in Illinois is accepting applications for a full-time manager of electric operations. The position manages the operation and maintenance of the utility's generation, substations, SCADA, metering, fiber, outages, and related customer complaints in order to provide safe, reliable, and efficient electric and data service to the customers of the city of Geneva. This position reports to the superintendent of Electric Services, and is responsible for crew management, capacity and reliability planning, project management, and other duties as assigned. Qualifications: Minimum qualifications for the position include a bachelor’s degree in electrical engineering with a minimum of five years related experience, including management and direct supervision of non-exempt employees. A candidate with power generation experience or any combination of education, training, and experience which provides the required knowledge, skills, and abilities to perform the essential functions of the position is desirable. The successful applicant must reside within a 12-mile radius of the city of Geneva within one year of employment, and possess an Illinois driver’s license. Compensation: The city of Geneva offers an excellent fringe benefit package and starting annual hiring range of $78,283 to $94,872. Apply: Please send a completed job application to Lisa Jepson by mail: Human Resources Office, City of Geneva, 22 S. First St., Geneva, Illinois 60134; or by email: ljepson@geneva.il.us; by 5 p.m. on Sept. 24. Resumes will not be accepted without a completed job application. For more information, please visit our website. The city of Geneva is an equal opportunity employer.

Engineering and electric operations manager—Lebanon Utilities in Indiana currently has a job opening for an engineering and electric operations manager. The position, under the direction of the general manager, is responsible for the planning, engineering, designing, and managing of projects for electric transmission, distribution, and substation facilities in a safe and environmentally responsible manner. Qualifications: A bachelor's degree in electrical engineering is preferred; civil engineering considered. Strong written and verbal communication skills are also necessary in order to deal with a wide range of personalities, both inside and outside of the organization. Apply: If interested, please call 765/482-8395 for a complete job description.


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.

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

Director of human resources and administration— The American Public Power Association seeks a director of human resources and administration to manage the development and implementation of the association’s policies and procedures that govern human resources and office administration. The director will manage the administration of employee benefit programs in conjunction with finance and legal staff members, including APPA’s defined benefit pension plan, 401(k) plan, health insurance plans, and voluntary benefit plans. The position is responsible for ensuring a positive employee-employer environment through oversight of employee recruitment, training and development, evaluation, and retention. The position also supervises support services staff and equipment (aside from I.T.), and will act as a liaison with the landlord and office service vendors and insurance brokers to ensure a quality work environment. Required education and experience:

• degree from a four-year college or university with major coursework in human resource management, business • • administration, or related field; master’s degree preferred;
• ten or more years work experience in human resources, with substantial prior experience in a management-level capacity;
• SPHR certification or demonstrated coursework toward achieving the SPHR certification preferred;
• strong interpersonal and communications skills, both oral and written;
• excellent conflict resolution and mediation skills;
• ability to work independently and exercise sound judgment;
• thorough knowledge of all aspects of HR administration;
• current knowledge of trends, practices, regulations, and developments in the HR area;
• ability to foster trust throughout the organization in the impartiality and integrity of the HR function, including the • ability to maintain the highest level of confidentiality and ensure fair treatment;
• knowledge of federal and local labor laws and their application;
• knowledge of budgeting, personnel, and administrative techniques;
• knowledge of lease administration and building services practices;
• ability to pay attention to detail and maintain accurate recordkeeping;
• history of excellent customer service delivery; and
• proficiency in Microsoft Office Suite.

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

Electrical engineer II or senior engineer I— The Benton Public Utility District in Kennewick, Washington, is seeking an electrical engineer II or senior engineer I with strong competency in the fundamentals of electrical power system engineering, coupled with experience and/or a desire to apply state-of-the-art electric utility technologies. We are deploying a number of exciting technologies and systems. Our engineers work to support many of the traditional elements of the electric utility business, including 115-kV transmission lines and high-voltage substations and distribution systems, while also having the opportunity to apply advanced technologies. The work is diverse and challenging, and our company is small and personal. Compensation: We offer a comprehensive compensation and benefits package. Apply: For further position details, minimum requirements, and application information, visit our website at www.bentonpud.org/careers. Benton PUD is an equal opportunity employer: minorities/women/veterans/disabled.

Senior substation design engineer— MEAG Power in Alpharetta, Georgia, is accepting applications for a senior substation design engineer. Qualifications: The position requires a bachelor’s degree in engineering, eight to 10 years related experience in the electric utility industry, and a professional engineering license (Georgia preferred), or the ability to obtain one within a year. Apply: Apply at www.meagpower.org.

Manager of electric operations— The City of Geneva Public Works Department in Illinois is accepting applications for a full-time manager of electric operations. The position manages the operation and maintenance of the utility's generation, substations, SCADA, metering, fiber, outages, and related customer complaints in order to provide safe, reliable, and efficient electric and data service to the customers of the city of Geneva. This position reports to the superintendent of Electric Services, and is responsible for crew management, capacity and reliability planning, project management, and other duties as assigned. Qualifications: Minimum qualifications for the position include a bachelor’s degree in electrical engineering with a minimum of five years related experience, including management and direct supervision of non-exempt employees. A candidate with power generation experience or any combination of education, training, and experience which provides the required knowledge, skills, and abilities to perform the essential functions of the position is desirable. The successful applicant must reside within a 12-mile radius of the city of Geneva within one year of employment, and possess an Illinois driver’s license. Compensation: The city of Geneva offers an excellent fringe benefit package and starting annual hiring range of $78,283 to $94,872. Apply: Please send a completed job application to Lisa Jepson by mail: Human Resources Office, City of Geneva, 22 S. First St., Geneva, Illinois 60134; or by email: ljepson@geneva.il.us; by 5 p.m. on Sept. 24. Resumes will not be accepted without a completed job application. For more information, please visit our website. The city of Geneva is an equal opportunity employer.

Engineering and electric operations manager—Lebanon Utilities in Indiana currently has a job opening for an engineering and electric operations manager. The position, under the direction of the general manager, is responsible for the planning, engineering, designing, and managing of projects for electric transmission, distribution, and substation facilities in a safe and environmentally responsible manner. Qualifications: A bachelor's degree in electrical engineering is preferred; civil engineering considered. Strong written and verbal communication skills are also necessary in order to deal with a wide range of personalities, both inside and outside of the organization. Apply: If interested, please call 765/482-8395 for a complete job description.


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.

Share this articleShare on Facebook Share on Twitter Share on LinkedIn
 

Naylor, LLC


Hometown Connections International, LLC

Solar Power International 2014

Pennwell Corporation - POWER-GEN International

Naylor, LLC

Naylor, LLC

Naylor, LLC

APPA Academy


APPA

2451 Crystal Dr.
Suite 1000
Arlington, VA 22202

Voice: 202/467-2900
Fax: 202/467-2910 www.PublicPower.org



INQUIRIES
Editorial:
News@PublicPower.org;
202-467-2900

Subscriptions:
subscriptions
@PublicPower.org
;
202-467-2900

Advertising:
EHenson@Naylor.com;
800-369-6220

Job classifieds:
FForbush@PublicPower.org
;
202-467-2900

NEWS TEAM
Paul Ciampoli, News Director
Jeannine Anderson, News Editor
Laura D’Alessandro, Editor, Integrated Media & Communications

Copyright 2018, American Public Power Association.


Subscribers are prohibited from reproduction of this publication by any means, including facsimile or email transmission, without the express permission of the American Public Power Association, except that it may be reproduced and/or redistributed to employees or board members of their own organizations.


Copyright © 2018, American Public Power Association

footer