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The Federal Energy Regulatory Commission and a group that includes the American Forest & Paper Association, demand-response companies and steel producers have separately asked the U.S. Court of Appeals for the District of Columbia Circuit to delay finalizing a court decision that vacated Federal Energy Regulatory Commission Order No. 745 on demand-response compensation to consumers.

FERC and the group said they need more time as they consider whether to appeal the court’s decision to the Supreme Court.

The U.S. Court of Appeals for the District of Columbia Circuit on Sept. 17 turned aside a request by FERC that the court review its May ruling vacating FERC Order No. 745 on demand-response compensation to consumers (see Public Power Daily, Sept. 18, 2014).

Earlier in the year, in a May 23, 2014 ruling, the District of Columbia Circuit vacated the FERC order. A three-judge panel of the D.C. Circuit held, in a 2-1 decision, that the commission exceeded its authority under the Federal Power Act because Order No. 745 "entails direct regulation of the retail market—a matter exclusively within state control."

FERC in a Sept. 22 filing asked the court "for a stay of issuance of the mandate in this case, pending the federal government’s consideration of whether to file, and possible future filing of, a petition for a writ of certiorari in the Supreme Court." It said that the mandate is set to kick in on Sept. 24. A petition for a "writ of certiorari" would seek a Supreme Court review of the appeals court's ruling.

Order No. 745, issued in March 2011, said that demand-response resources participating in an energy market run by a regional transmission organization must be compensated at the full locational marginal price (LMP), as long as the demand-response resource passes a net benefits test.

FERC in its Sept. 22 filing said that the court’s May 23 decision "presents a substantial legal question and raises significant implications for wholesale electricity market stability and grid reliability. It should not become immediately effective."

FERC went on to say that the court "should grant this motion to preserve the status quo, while the commission and the [U.S.] Solicitor General, individually and collectively, consider whether to file a petition for a writ of certiorari."

FERC told the appeals court that absent an extension of time from the Supreme Court, "such a petition for certiorari would be due within 90 days of this court’s denial of rehearing, or by December 16, 2014. No decision on whether to petition for certiorari has yet been made, either by the commission or the solicitor general."

Meanwhile, a group that includes the American Forest & Paper Association, demand-response firm Enernoc and Wal-Mart Stores, among others, asked the appeals court to stay the issuance of the mandate "for at least a ninety-day period, to accommodate the time during which they may file a petition for a writ of certiorari in the Supreme Court of the United States."

They said that they anticipate presenting a number of questions in their petition for a writ of certiorari including, among other things, whether demand response is, under the Federal Power Act, subject to state jurisdiction.  If demand response is subject to state jurisdiction, the parties expect to ask whether
FERC may regulate demand response "to the extent demand response affects wholesale electricity markets."
In addition, the members of the group expect to ask the Supreme Court "whether, consistent with prior decisions of the Supreme Court and this court, the deference granted to FERC regarding the technical nature of its responsibilities allows FERC to set compensation for demand response at the wholesale market-clearing price."
The American Public Power Association and other utility groups in August asked the federal appeals court to reject a petition by FERC asking the court to review its earlier ruling vacating Order No. 745 (see Public Power Daily, August 6, 2014).

FERC "has not cited any meaningful conflict between the panel's decision and any decision of either the Supreme Court or this Court," APPA and the other groups told the U.S. Court of Appeals for the District of Columbia Circuit. "Nor has it identified any principle of law articulated by the panel that deviates from precedent. It merely disagrees with the panel's application of settled legal principles to the undisputed facts of this particular case."

APPA, the Electric Power Supply Association, the National Rural Electric Cooperative Association, Old Dominion Electric Cooperative, and the Edison Electric Institute had filed a joint brief in the case, Electric Power Supply Association v. FERC (Case Nos. 11-1486, et al.), arguing that the rule should be overturned.—PAUL CIAMPOLI

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The Salt River Project exceeded its annual goal of helping residential and commercial customers save energy and money through the utility’s energy efficiency programs and initiatives, the Arizona utility said Sept. 23.

The SRP board has set a goal to meet 20 percent of SRP’s retail electricity requirements through sustainable resources by the year 2020. Currently, SRP is ahead of schedule – providing about 12.8 percent of retail energy needs with sustainable resources, including wind, geothermal, solar, landfill gas, biomass and hydropower as well as energy-efficiency programs

Last year, energy efficiency programs for residential and commercial customers provided an annual energy savings equal to 2.3 percent of SRP’s retail energy sales, saving 640 million kilowatt-hours, or enough electricity to power about 35,000 homes for a year, the utility said.

The largest savings came from SRP's Retail Lighting Program, which offered customers discounted prices on LED and compact fluorescent light bulbs from retailers such as Home Depot, Wal-Mart and Sam’s Club. SRP works with retailers and manufacturers to offer reduced prices.

"The SRP energy-efficiency programs have experienced tremendous customer participation," said Dan Dreiling, SRP director of market research and customer programs. Strong participation in the utility's Energy-Efficient Pool Pump Program, Appliance Recycling and ENERGY STAR Homes programs also helped exceed program goals, he said.

Residential customers also took advantage of home assessments and rebates for services and products such as home duct repair and window shade screens, as well as energy-efficient air conditioners and heat pumps, SRP said.

Fry’s Food Stores participated in rebate programs to implement 50 projects in 30 metropolitan Phoenix stores. So far, the company has realized about 1.2 million kilowatt-hours per year in energy savings.
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LiveWire Compliance, LLC

The Chelan County Public Utility District in Wenatchee, Washington, paid off $72 million of its long-term debt this summer, reducing its total debt to approximately $735 million.

"Our primary action will be to continue to reduce the size of our debt, thereby decreasing our future costs and increasing our financial flexibility," said Steve Wright, the utility’s general manager. "We expect to continue the program of accelerated debt reduction through roughly 2021."

Kelly Boyd, Chelan County PUD chief financial and risk officer, said the utility plans to make its next debt reduction payment in March 2015.

Putting the utility’s financial house in order was a top priority in the current strategic plan adopted by the PUD commissioners in 2010, the utility said. This spring, the commissioners also voted to pursue a debt leverage ratio of 35 percent by the end of 2019.

Looking ahead, the utility is expected to have a surplus of between $80 million and $90 million per year through 2018, said Boyd.

"Much of our positive financial position can be attributed to our ability to negotiate new long-term power purchase agreements, and to introduce a hedging program into our overall revenue portfolio management program that has reduced power revenue volatility," said Boyd.

According to APPA’s "Average Revenue per kWh, 2012 for Electric Utilities in the U.S." report, which is based on information collected by the U.S. Energy Information Administration, Chelan PUD had the second-lowest electricity rates of any utility in the state in 2012, averaging 3.1 cents per kWh in revenue.

"Rate adjustments are not a part of our strategy to pay down debt," said Boyd. "We are not anticipating any electric rate changes in the foreseeable future."

The PUD is now in the process of updating its strategic plan for 2015-19 and is holding community meetings throughout the county to receive input from its customer-owners. The PUD expects to complete the plan in early 2015.—FALLON FORBUSH

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Attendees planning to participate in APPA’s Customer Connections Conference are strongly encouraged to register and make their hotel reservations soon. The deadline to take advantage of the early registration price is Oct. 6. Starting on Oct. 7, all registration fees will increase by $50.

The registration fee for pre-conference seminars will also increase after Oct. 6. Pre-conference seminars offered on Sunday, Oct. 26, will include customer engagement for advanced gird technologies, managing change, and developing and marketing web and social media content.

The deadline to make hotel reservations in the APPA room block at the Hyatt Regency Riverfront Hotel, where all conference events will be held, is also Oct. 6. The room block may fill up before the deadline, though, so early reservations are encouraged.

The Customer Connections Conference, which will be held Oct. 26-29 in Jacksonville, Fla., offers educational and networking opportunities for public power professionals in the areas of economic development, key accounts, public communications, customer service and energy services.

For more information about the conference, including the complete program and to register, visit www.publicpower.org/CustomerConnections. —HEIDI LAMBERT

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Public power utilities interested in earning recognition for their reliability practices have until Sept. 30 to submit their 2014 applications for the American Public Power Association's Reliable Public Power Provider (RP3) program. The RP3 program recognizes utilities that demonstrate high proficiency in four critical areas—reliability, safety, work force development and system improvement.

As a reminder, please submit all RP3 applications to the association’s new mailing address:
2451 Crystal Drive, Suite 1000
Arlington, VA 22202

If you previously mailed your application, and it is returned back to you, please contact RP3 staff at rp3@publicpower.org to let us know that your application is on its way.

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EEFG - Energy Efficiency Funding Group, Inc.


Webinar – Estimating the Impacts of Premature Coal Plant Retirements on Retail Electric Rates
September 24

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

Webinar – OSHA Subpart V: Fall Protection
October 30

Webinar – OSHA Subpart V: Arc Protection and Flame-Resistant Clothing
November 10

Grid Security Summit
Arlington, Virginia
November 12-13

Webinar – Energy Efficiency: Overview of Energy Efficiency Programs
November 18

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

Webinar – Energy Efficiency: Identifying Your Utility's Energy Efficiency Goals and Developing a Portfolio Strategy
December 11

Webinar – OSHA Subpart V: Minimum Approach Distance
December 16

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

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Naylor, LLC

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.

Superintendent— The city of Croswell in Michigan is seeking applicants for the next superintendent of Croswell Light and Power. Qualifications: Qualified candidates should have management experiences. Positive attributes might include: lineman, water licenses, economic development experience, business management, utility management, community relations, GIS, and SCADA. Local government experience is a plus. Apply: The city will be accepting resumes until the position is filled. Interested candidates may contact the city administrator for more information, or visit www.cityofcroswell.com for a complete job description. Contact Sam Moore, city administrator for the city of Croswell by email at smoore@croswell-mich.com.

Manager of regulatory program— The Northern California Power Agency seeks a manager of regulatory program. The position serves as the agency’s subject matter expert related to the federal power program. The successful candidate will represent and advocate the agency’s policy positions before the Western Area Power Administration and the U.S. Bureau of Reclamation. The successful candidate will also advise NCPA on policy issues and educate policymakers and stakeholders with regard to operation and scheduling of Central Valley Project resources, as well as various policy directives by multiple agencies —including the Department of Energy, Department of Interior, Federal Energy Regulatory Commission, and the California Independent System Operator— that could impact the federal power program and its customers. The successful candidate also serves as NCPA lead in interactions with external interest groups and stakeholders working in the area. Qualifications: A bachelor’s degree (master’s strongly preferred) in economics, engineering, business administration, or related field, and a minimum of seven years of directly related federal agency or electric utility experience is desired. The position requires in-depth familiarity with the Central Valley Project, the federal power program, and related statutes and regulations. The successful candidate must have demonstrated strong leadership, writing, and communications skills, as well as the ability to work with limited supervision and achieve legislative and regulatory goals. Compensation: The starting salary is $115,815 to $144,768 per year, depending on experience. Employer-paid benefits include CalPERS retirement, medical, retiree medical, and more. Apply: All applicants are required to submit the agency’s online application to be considered. See www.ncpa.com to apply. Equal opportunity employer.

General manager— The Kennebunk Light and Power District in Maine is offering a unique career opportunity for a new general manager. The Kennebunk Light and Power District is an independent public municipal utility district located in Kennebunk, Maine. The district has earned a reputation among its 6,400 ratepayers and the community at large for excellent service, affordable rates, and innovation in efficiency and renewable power generation. Kennebunk (population of 11,000) is an historic New England town, known for its hardworking residents, family-friendly community, top-rated schools, and beautiful beaches in southern Maine. The district is at an historic crossroads as it determines with the local community the future of its hydro power dams, its role in local renewable power production, and the organization’s business strategy and structure. The general manager is supported, guided, and directed by a locally elected board of trustees, to whom s/he reports. The general manager oversees the staff, assets, infrastructure, and operations of the Kennebunk Light and Power District, and will help shape its vision and strategy. The general manager is the leader responsible to fulfill the mission, policies, business plan, and goals of the district. The district's mission states, "KLPD is to provide the most reliable service at the lowest possible cost, while recognizing the importance of the safety of its employees and its customers." The essential responsibilities of the general manager include:

• ensuring sound financial management of the district;
• overseeing all district operations;
• ensuring excellent customer service and public relations;
• fulfilling responsibilities to the district’s board of trustees; and
• completing other duties as required.

The successful candidate must be able to lead the district to advocate for public policy aligned with the district's mission and maintain all legal, financial, and operations records in a professional manner. The successful candidate must also ensure that the district has effective liaison with board-designated organizations. The general manager also oversees human resources management and organization structure. The successful candidate will have strong financial management abilities to oversee all district operations. Minimum qualifications: A combination of more than 15 years of professional experience and education in management, public administration, business management, and/or professional engineering is required and must include:

• ten years of progressively responsible experience in utility leadership and management (preferred);
• working knowledge of finance and management accounting;
• experience and technical knowledge in cost of electrical service, distribution, transmission, generation, new energy markets, rate-making, and electrical engineering;
• a bachelor's degree in engineering and/or business or public administration (a master's degree is preferred), or a professional engineer with experience and advanced education in business/public administration; and
• possession of a valid Maine driver’s license (Class C).

The general manager will be required to relocate, as necessary, in order to reside in the local area. Apply: Applications should be sent via email to: generalmanagersearch@klpd.org. Applications must include a cover letter and resume. Applications must be received by Oct. 3. Go to www.klpd.org for additional information and a full job description. NO PHONE CALLS PLEASE.

Electric utility system operator-power (real-time/day-ahead energy trader)—
The city of Redding, California, is recruiting for an electric utility system operator-power (real-time/day-ahead energy trader). The candidate will schedule real-time and day-ahead delivery of power to assure a balanced load to the resource energy portfolio; develop, implement, evaluate, economically optimize, coordinate, and arrange day-ahead and real-time power trades and schedules with other municipal utilities, marketers, and power companies; and ensure the safe, reliable, and economical operation of the Redding Electric Utility’s generation assets. Compensation: Salary is $41.71 to $50.70 per hour ($43.38 to $55.27 per hour, effective Jan. 18, 2015). Apply: To review a complete job announcement and to apply online, visit www.ci.redding.ca.us. Apply by Oct. 2. EOE/FAAE.

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.

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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Hometown Connections International, LLC

Solar Power International 2014

Pennwell Corporation - POWER-GEN International

Naylor, LLC

Naylor, LLC

Naylor, LLC

APPA Academy


2451 Crystal Dr.
Suite 1000
Arlington, VA 22202

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




Job classifieds:

Paul Ciampoli, News Director
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