Wind Energy Site Development

Clearing Up – Greenfield Wind, NorthWestern Ask MPSC to Reconsider Contract

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Greenfield Wind and NorthWestern Energy have asked the Montana PSC to reconsider its rejection of a power purchase agreement for the output from Greenfield’s 25-MW wind project, which is under construction near Fairfield, Mont.

By a 3-2 vote, the PSC in December refused to approve the contract, even though most parties in the case supported the deal and none opposed it [Docket No. D2014.4.43].

“This motion presents a critical question of whether the commission will approve a reasonable long-term avoided cost negotiated between a large QF and NorthWestern, or whether the commission will subject the parties, and quite possibly the commission itself, to further litigation,” Greenfield said in its Jan. 8 filing, which called the decision “unlawful, unjust and unreasonable.”

The decision was made during a Dec. 16 commission work session after considerable discussion of the perceived pros and cons of the 25-year deal, which included a net rate of about $50.49/MWh if the developer paid NorthWestern for wind integration, or $53.99/MWh if Greenfield delivered a wind-integrated product.

During settlement discussions with NorthWestern, Greenfield agreed to delay the commercial on-line date for the full contract rate until 2016, in light of the utility’s near-term long position It would receive $19.99/MWh, minus integration costs, for any generation delivered in 2015; its currently scheduled on-line date is Oct. 15, 2015.

NorthWestern initially asked the commission in April 2014 to set terms and conditions of the PPA because it was not selected through an all-source solicitation, as required under a commission rule that FERC previously determined was inconsistent with PURPA regulations (CU No. 1639 [13]).

“NorthWestern is in the untenable position of being constrained by an administrative rule that FERC has found to be inconsistent with federal law,” the utility said.

The rates and terms in the stipulation “are consistent with, and likely significantly below, any reasonable current estimate of NorthWestern’s actual avoided costs,” Greenfield said in its Jan. 8 petition.

MPSC staff’s projections indicated the settlement rate would save NorthWestern’s customers between $5.9 million and $10.6 million over the life of the project, compared to the two most reasonable alternative avoided-cost benchmarks, Greenfield also said in its filing—and pointed out that the rates were lower than all five of the benchmark rates staff used in its evaluation.

In fact, the market prices underlying the negotiated rate and staff’s benchmarking analysis came from NorthWestern’s 2013 least-cost plan, and are the same prices used to evaluate whether the utility’s recent acquisition of PPL Montana’s hydro resources was a least-cost resource, Greenfield said.

Commissioner Travis Kavulla, who voted to approve the stipulation, said during the Dec. 16 work session that commission staff used more analysis in reviewing the Greenfield deal than NorthWestern did to assess the value of its $870-million purchase of PPL Montana’s hydro portfolio (CU No. 1662 [13]), under which power is priced at about $57/MWh.

That acquisition was also approved outside of an all-source solicitation, Greenfield’s filing noted.

Rejection of the negotiated rate will “launch the parties and the commission back into unnecessary and costly litigation,” Greenfield said, and could result in rates that are significantly higher than those included in the stipulation.

Greenfield also said the apparent rationale for rejection of the unopposed stipulation “rests upon unlawful discrimination against QF projects, which combined with other recent events would constitute an actionable violation of federal and state law if allowed to stand.”

The notice of commission action denying the settlement did not articulate the commission’s reasons for denial, NorthWestern pointed out in its filing in support of Greenfield’s petition. Besides reconsideration, NorthWestern asked the commission to provide the rationale for its decision.

Chair Bill Gallagher led the opposition to the settlement during the commission’s work session.

“I am dissatisfied that this stipulation is fair and reasonable,” Gallagher said during the meeting. “I like stipulations to come after hearings.”

Gallagher added that the record was insufficient and went on to criticize FERC’s PURPA regulations, likening them to a program that would provide unskilled people with incentives to become housepainters and then require homeowners to purchase their services over those of more qualified painters.

Gallagher also warned that if the PSC approved the settlement, there would be a line of developers down the hall applying for QF status. “What are you going to do with the ones that follow? NorthWestern would end up selling this unneeded power at a loss,” he said, adding that “these new QFs will come in and offset our native power.”

Gallagher has since retired from the commission and was replaced in January by Brad Johnson, who was elected in November 2014.

Greenfield is hoping the change in chair may result in a different outcome.

“Any commissioner that is going to obey federal and state law and be responsive to recent FERC and state court rulings and has the interest of Montana ratepayers will vote in favor of this—there is no other vote,” Greenfield spokesman Marty Wilde told Clearing Up.

“This is a clear case of where federal and state law—and the Montana commission’s own rulings—dictate what the decision needs to be.”

Then there’s the economics, Wilde said—the commission approved the PPL Hydro purchase at about $58/MWh, and “we’re looking at $50.49/MWh.

“We’re pretty hopeful that once they reconsider, maybe with the fresh eyes of Brad Johnson, they’ll be clear on what the right decision is.”

Montana PSC attorney Jason Brown said staff will likely waive the requirement for action on the motion within 10 days of filing—otherwise the petition would be automatically deemed denied—so the commission can take it up later this month.

If the commission rejects the petition and settlement, there’s a good chance the case will be continued and heard on its merits, Brown said.

The PSC could also agree to reconsideration and then issue an order approving the settlement [Jude Noland].

Copyright © 2015, Energy NewsData Corporation
Clearing Up • January 16, 2015 • No. 1680 • Page 11

Clearing Up.

via WINData LLC – Wind energy engineering since 1991.

Greenfield Wind and Northwestern Energy file Unopposed Joint Motion to Settle Before the Montana PSC

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Greenfield Wind, LLC and NorthWestern Energy presented an unopposed joint settlement to the Montana PSC for approval in November 2014, and although there was not opposition at the hearing on December 1st, the settlement was inexplicably denied in mid December by an 11th hour surprising reversal ruling.

The December 16th Decision denying the Unopposed Stipulation appeared to result from past commission chairman Gallagher, who did not attend the December hearing, placing his personal opinion and politics ahead of Federal and State law and ahead of the best interests of Montana rate payers.

In response, on January 8th, Greenfield Wind filed a Motion for Reconsideration, which is currently before the Montana Public Service Commission and presents a critical question of whether the Commission will approve of a Qualifying Facility negotiating with NorthWestern to obtain reasonable long-term avoided cost rates as directed by PURPA and supported by recent rulings from FERC and Montana State Courts, or whether the Commission will subject the parties, and quite possibly the Commission itself, to further litigation.

After eight months of work on the contested case and the settlement, the December 16th last minute reversal decision to deny the unopposed settlement was not only surprising but unlawful, unjust, and unreasonable, and should thus be reconsidered for the following reasons:

  • First, the record abundantly supports a conclusion that the rates and terms contained in the Stipulation are consistent with, and likely significantly below, any reasonable current estimate of NorthWestern’s actual avoided costs. The Commission Staff’s analysis demonstrated that the Settlement rate would save between $5.9 and $10.6 million over the life of the project compared to the two most reasonable alternative avoided cost benchmarks. Rejection of the Unopposed Settlement unreasonably deprives NorthWestern’s customers of the benefits of these favorable rates.
  • Second, Greenfield Wind submits that the avoided cost rates will be significantly higher if Greenfield is forced to fully litigate its claim to a legally enforceable obligation (“LEO”) at the Commission and any subsequently necessary judicial proceedings – thus subjecting NorthWestern’s customers to higher rates than those offered in the Unopposed Stipulation.
  • Third, the apparent rationale for rejection of the Unopposed Stipulation rests upon unlawful discrimination against QF projects, which combined with other recent events would constitute an actionable violation of federal and state law if allowed to stand.
  • Fourth, the rejection of the negotiated rate between NorthWestern and Greenfield will launch the parties and the Commission back into unnecessary and costly litigation.

LEGAL BACKGROUND
If a state chooses to regulate electric utilities, it must implement the Federal Energy Regulatory Commission’s (“FERC”) regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”) (16 USC § 824a–3(f)(1); FERC v. Mississippi, 456 U.S. 742, 751, 102 S.Ct. 2126, 2133 (1982)).

FERC’s regulations, which are adopted by ARM 38.5.1902(1), require state commissions to implement PURPA in a way that requires a utility to purchase energy and capacity from QFs at the full avoided costs of the purchasing utility (Amer. Paper Institute, Inc. v. Amer. Elect. Power Serv. Corp., 461 U.S. 402, 415-18 (1983)).

The Montana Supreme Court has explained: “PURPA requires large utilities to purchase energy from smaller qualifying facilities at rates that allow the small facilities to become and remain viable suppliers of electricity.” (Whitehall Wind, LLC v. Montana Pub. Serv. Comm’n., 355 Mont. 15, 16-17, 223 P.3d 907, 908-09 (2009)).

FERC’s regulations also permit a QF and an electric utility to enter into a contract containing agreed-to rates, terms, or conditions. 18 C.F.R. § 292.301(b). FERC has explained that “a contracted-for-rate would never exceed true avoided costs and would thus be consistent with PURPA.” (Cedar Creek Wind LLC, 137 FERC ¶ 61,006, at n. 73 (2011) (citing Order No. 69, 45 Fed. Reg. 12,214 (1980))).

This rule “recognizes that the ability of a qualifying cogenerator or small power producer to negotiate with an electric utility is buttressed by the existence of the rights and protections of [FERC’s] rules.” (45 Fed. Reg. at 12,217)

FERC has rejected state implementation schemes that stand as an impediment to such amicable contract formation (Grouse Creek Wind Park, LLC, 142 FERC ¶ 61,187, at P 40 (2013)) and some courts have reversed state commission decisions rejecting agreed-to PURPA rates (Pub. Util. Commn. Of Texas v. Gulf States Utilities Co., 809 S.W.2d 201, 208-09 (Texas 1991)).

Montana’s “mini-PURPA” further instructs the Montana PSC. It declares: “Long-term contracts for the purchase of electricity by the utility from a qualifying small power production facility must be encouraged in order to enhance the economic feasibility of qualifying small power production facilities.” (M.C.A § 69-3-604(2) (emphasis added)).

The Commission’s own rules provide, “Each utility shall purchase available power from any qualifying facility at either the standard rate determined by the commission to be appropriate for the utility, or at a rate which is a negotiated term of the contract between the utility and the qualifying facility.” (ARM 38.5.1905(2)).

However, the MPSC has also implemented a rule that requires QFs sized over 3 megawatts (“MW”) to prevail in an all-source competitive solicitation to obtain a long-term contract (ARM 38.5.1902(5)). Because NorthWestern has not been compelled to regularly hold such solicitations, FERC declared this rule constitutes a failure to implement PURPA’s bare minimum requirement to make long-term avoided cost rates available to QFs (Hydrodynamics, 146 FERC ¶ 61,193, PP 32-35 (2014)).

The Montana courts have likewise faulted the Commission for failure to provide reasonable avoided cost rates to QFs (See Whitehall Wind, LLC, 355 Mont. at 18, 223 P.3d at 909 (reversing rate determination where “the PSC’s own staff economist contradicted the PSC’s rate determination”)); (Whitehall Wind, LLC v. Montana Pub. Serv. Comm’n, Cause No. DV-03-10080, Remand Order (Mont. 5th Dist., May 21, 2014) (again reversing the MPSC’s subsequent order)).

PROCEDURAL AND FACTUAL BACKGROUND
Greenfield has been seeking a long-term contract under PURPA with NorthWestern since 2010. It has spent substantial sums of time and money to develop its wind project in reliance on federal and state law. But those efforts have been stymied since at least 2010 by the Commission’s rules prohibiting such long-term contracts for projects over the eligibility cap for standard rates and outside of the 50-MW cap for wind projects.

NorthWestern states that it filed the original Petition in this case at the PSC because the Commission has not authorized it to enter into long-term contracts outside of an all-source solicitation. In the absence of a Commission-approved methodology to calculate long-term rates for Greenfield Wind’s project, the parties engaged in extensive and costly discovery and contested proceedings over the most appropriate methodology.

Through the Commission’s proceedings and discovery processes, Greenfield was able to review NorthWestern’s data and calculations. In doing so, Greenfield recognized that with some concessions on Greenfield’s part the gap between the rate proposed by NorthWestern and the rate proposed by Greenfield could largely be bridged. Additionally, a contested transmission cost issue became moot when Gaelectric’s senior transmission requests were withdrawn and removed from the transmission queue – further bridging the gap between the parties.

Thus, Greenfield and NorthWestern were able to negotiate a rate that was derived using NorthWestern’s method of estimating the avoided costs. The net Stipulation/Settlement rate is approximately $50.49/MWh if Greenfield pays NorthWestern for integration, or $53.99/MWh if Greenfield delivers a wind integrated product. Due to NorthWestern’s near-term long position, Greenfield agreed to delay the commercial online date for the full contract rate until 2016, and will only be paid $19.99/MWh (minus integration costs) for any generation delivered in 2015.

In light of the fact that NorthWestern is a regulated utility and the Commission has approved no methodology to calculate large QF rates, such approval is necessary for the project to move forward without further delay.

On December 1, 2014, the Commission held an evidentiary hearing on the Stipulation. Multiple rounds of testimony from Greenfield and NorthWestern and all data requests were admitted into the record for purposes of evaluating the Stipulation. All of NorthWestern and Greenfield’s witnesses were made available for live or telephonic cross examination. The Montana Consumer Counsel (“MCC”) and LEO Wind, Inc. both attended the Stipulation hearing. Neither of them opposed the Stipulation or requested post-hearing briefing to challenge its terms.
On December 16, 2014, the Commission held its work session on the Stipulation.

The Commission’s Staff presented a memorandum summarizing the terms of the Stipulation, including five market benchmarks against which to compare the Stipulation rate. Each of Staff’s five benchmark rates were higher than the Greenfield Wind rate. Thus, Commission Staff recommended approval of the Stipulation.

The PSC Commission’s Staff explained: The reasons to approve, would be that the rate appears to reasonably approximate avoided costs. It would avoid expenditure of further resources by all parties, including the Commission, on this matter. It would signal that NorthWestern can negotiate with large QFs, and that the PSC will implement rates for large QFs.

In fact, the Commission’s Staff explained that its portfolio comparison benchmark analysis, using the same inputs used to model the PPL Montana Hydroelectric Projects (“PPL Hydros”), demonstrated that “having Greenfield energy as part of the portfolio saves the portfolio costs.” But the Commission voted to reject the Stipulation by vote of three to two.

Former Commissioner Gallagher, as well as Commissioners Koopman and Bushman voted against the Stipulation, while Commissioners Kavulla and Lake supported approving the settlement.

==January 12, 2015

Marty Wilde, WINData LLC

PSC asked to reconsider Fairfield wind farm

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The developer of a proposed wind farm near Fairfield asked the Montana Public Service Commission on Thursday to reconsider its prior denial of a power purchase settlement with NorthWestern Energy, which has blocked the project.

Greenfield Wind LLC of Fairfield hopes to construct the wind farm by this fall, said Martin Wilde. Greenfield is a partnership between Wilde, the CEO of Fairfield-based WINData, LLC and Foundation Wind Power in San Francisco.

The wind farm’s 15 General Electric turbines would produce 25 megawatts of electrical generation capacity. That’s enough to power 5,000 to 7,000 homes annually. The turbines would be 262 feet tall, which is 26 stories, with 328-foot-long rotor blades, a bit more than a football field. That would make them the largest turbines in Montana, Wilde said.

The Greenfield wind farm is planned eight miles northeast of Fairfield, just east of the 10-megwatt, six-turbine Fairfield wind project. That project became operational May 17. WINData and Foundation Wind Power also partnered on that project, and NorthWestern is purchasing that power.

Greenfield will be located on dry, non-irrigated land leased from four landowners.

PSC members voted 3-2 Dec. 16 to reject the settlement agreement on the power purchase price between NorthWestern and Greenfield.

Wilde said the decision came as a surprise, and Greenfield on Thursday filed a motion asking the PSC to reconsider. NorthWestern also filed a motion asking the PSC to clarify why it denied the power purchase agreement.

“It gives Greenfield the opportunity to basically take a bite at the apple with a different proposal,” said Brad Johnson, the chairman of the PSC.

Johnson was not on the commission during the first vote.

Wilde is hoping for a different result the second time around.

The 25-year purchase agreement calls for NorthWestern purchasing the power for $53.99 per megawatt hour, Wilde said. Greenfield would pay $3.50 for wind integration services, making NorthWestern’s net purchase price $50.49 per megawatt hour. Wind integration is necessary for grid reliability.

NorthWestern used a price of $58.32 per megawatt hour as a benchmark when it asked for approval from the PSC to purchase hydroelectrical facilities from PPL Montana, Wilde said.

“We’re coming in cheaper than the benchmarks, and that discount flows to NorthWestern’s ratepayers,” he said.

Along with the clean power, construction of the wind farm will produce local jobs for engineers, electricians, cement companies and surveyors and taxes for Teton County, he said.

It would be built by Dick Anderson Construction out of Great Falls, which also built the first wind farm.

As a rule of thumb, it costs $2 million a megawatt to build a wind farm, Wilde said.

John Hines, NorthWestern’s vice president of supply, said Greenfield came to NorthWestern energy with the project.

“We believe our portfolio is getting fairly full for this type of energy — intermittent wind energy,” he said.

The company already is purchasing about 250 megawatts of wind power, or about 14 percent of its total energy requirements, Hines said

However, the utility is obligated to enter contracts with “qualifying facilities” such as Greenfield as a result of a President Jimmy Carter-era federal law designed to diversify the energy portfolio of utilities and stimulate production of alternative energy, he said.

The settlement agreement before the PSC, he said, is “a good faith effort on our part.”

“We can’t go forward without regulatory approval,” Hines said.

The cost of the wind power is higher than market alternatives, he said. The impact of the purchase from Greenfield on ratepayers hasn’t been calculated, but would be very small, he said.

Reach Tribune Staff Writer Karl Puckett at 406-791-1471 or kpuckett@greatfallstribune

.com. Twitter: @GFTrib_KPuckett.

via PSC asked to reconsider Fairfield wind farm.

Senate Passes Tax Extenders Bill With Wind PTC Extension

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Senate Passes Tax Extenders Bill With Wind PTC Extension

Wednesday December 17 2014

On Tuesday, the U.S. Senate voted 76-16 to pass a bill that extends the wind production tax credit (PTC), as well as a slew of other tax breaks, through the end of 2014. The tax extenders package had passed in the House of Representatives on Dec. 3, and President Barack Obama is expected to sign the bill into law shortly

via North American Windpower: Senate Passes Tax Extenders Bill With Wind PTC Extension.

North American Windpower: Alberta Breaks Wind Power Record, Then Does It Again

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Alberta Breaks Wind Power Record, Then Does It Againin News Departments > New & Noteworthyby Joseph Bebon Tuesday July 29 2014print the content itemCanadian province Alberta broke its wind generation record not once, but twice, last week. Between 11 a.m. and noon on Thursday, July 24, Alberta produced an average of 1,188 MW of wind power. The province then surpassed that on Friday, July 25, peaking at an average of 1,255 MW between 9 a.m. and 10 a.m. Before last week, the previous record was set on May 29, with an average of 1,134 MW.Angela Anderson, a spokesperson for the Alberta Electric System Operator AESO, explains that the most recent records were due to a combination of very windy days and new wind farms. Specifically, she says the 300 MW Blackspring Ridge project, which went online in Vulcan County in May, “allowed the system to produce more wind than ever before.”According to the Canadian Wind Energy Association CanWEA, Alberta is home to over 1.4 GW of installed wind capacity and ranks third among the country’s provinces. Tim Weis, the association’s Alberta regional director, says the new wind production records are certainly noteworthy.“This is significant, not only because it was just this past April that Alberta broke the 1,000 MW plateau for the first time, but [also because] Alberta’s electricity system is showing that it can integrate large amounts of wind energy seamlessly,” states Weis.He also mentions that the AESO lifted a 900 MW threshold for installed wind capacity in Alberta in 2007, and now wind production has peaked at over 30% more than that original limit.Furthermore, it appears wind power is poised for growth in Alberta. “There is a lot of interest in wind development in the province, and that’s expected to continue over the coming years,” comments Anderson. She says the AESO currently has 15 active wind projects totaling about 2.1 GW in the grid operator’s connection queue.Overall, the AESO anticipates wind capacity to nearly double over the next 20 years from approximately 1.4 GW to 2.7 GW. “In fact, by 2034, we are forecasting Alberta will have more wind power than coal-fired generation on the system.”Nonetheless, Weis says most new power generation in the province will likely come from natural gas, not wind. “Alberta is facing two issues simultaneously,” he explains. “First of all, federal regulations require that coal units retire when they reach their 50th birthday. Alberta’s market is over 60 percent coal, and the first units will start to hit their 50th birthday this decade.“At the same time, Alberta’s system operator is forecasting significant growth in electricity demand over the next two decades, largely as a result of the growing oil sands industry. Several independent forecasts suggest that the vast majority of new electricity supply will come from natural gas to fill this gap.”Weis points out that the price of wind power isn’t the reason, though, as the AESO estimates wind energy within 7% of gas costs. The truth is, natural gas is simply easier to build in Alberta’s electricity market because “it can more easily bid into the market and respond to changes in future costs.”But there’s a problem: Weis says forecasts suggest a big switch to natural gas will eventually undo the environmental benefits gained from closing down coal plants, with greenhouse-gas emissions starting to increase again in just over a decade.Weis argues that although the AESO has proven it can handle more and more renewable energy on its grid, the province still needs “a new policy framework that recognizes the benefits of renewables so that we can continue to see wind grow in Alberta.”

via North American Windpower: Alberta Breaks Wind Power Record, Then Does It Again.

North American Windpower: Texas Renewable Energy Production Up 12%; Wind Remains No. 1

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Energy produced in Texas using renewable resources grew by 12% in 2013, according to the Electric Reliability Council of Texas ERCOT. The grid operator says wind power continues to lead in the state, while solar generation has increased and biomass and hydro have decreased.

ERCOT provided these updates to the Public Utility Commission of Texas in its new 2013 Annual Report on the Renewable Energy Credit REC Trading Program.Generators participating in Texas’ REC program reported producing 38.1 million MWh of renewable generation in 2013, compared to 33.9 million in 2012 – a 12% overall increase.

At more than 36.9 million MWh in total generation, wind power represented nearly 97% of the total. Energy produced from wind generation was up by 13% compared to 2012.

ERCOT says solar energy production in 2013 was up by about one-third, based on information from commercial solar resources and aggregators that participate in the program. Biomass production dropped 31% from 2012, and hydropower decreased 24%.

via North American Windpower: Texas Renewable Energy Production Up 12%; Wind Remains No. 1.

Fairfield Wind ready to go online mid-May 2014 » WINData LLC

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Fairfield Wind ready to go online mid-May 2014

Published on Tuesday, 13 May 2014 15:43

Martin “Marty” Wilde

Turbine #3 operating at the 10MW wind project near Fairfield, Montana. the project was developed by WINData LLC of Great Falls Montana, financed by Foundation Windpower and constructed by Dick Anderson Construction of Great Falls. The output will be sold to NorthWestern Energy under a 20-year contract.

via Fairfield Wind ready to go online mid-May 2014 » WINData LLC.