Jul 12, 2018 - Electric, el=Natural Gas or Affiliated Water Cooperative Alltel=nal¥i=ve. Streamlined Rate Application F
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BEFORE THE ARIZONA CORPORATION CUMMISSIUN TOM FORESE Chairman BOB BURNS Commissioner ANDY TOBIN Commissioner BOYD DUNN Commissioner JUSTIN OLSON Commissioner
Arizona CoqaoIntion Commission
DOCKETED
MAY 22 2018 DOCKBTEDB
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IN THE MATTER OF THE COMMISSION'S REVIEW AND MODIFICATION OF THE EXISTING COOPERATIVE STREAMLINED RATE APPLICATION PROCESS RULE, ARIZONA ADMINISTRATIVE CODE R14-2-107
DOCKET no. RU-00000A-l7-0314 DECISION no.
76682
ORDER
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Open Meeting April 26, 2018 Phoenix, Arizona
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BY THE COMMISSION:
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FINDINGS OF FACT
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BACKGROUND
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1.
In Decision No. 73649, dated February 6, 2013, the Arizona Corporation
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Commission ("Commission") approved revisions to the Arizona Administrative Code ("A.A.C.")
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R14-2-103 ("Rule l03") and the addition of R14-2-107 ("Rule l07"). The purpose of the revisions
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and the addition of the section was to create an alternative streamlined raternaking application and
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process for nonprofit cooperatives providing electric or natural gas utility service in Arizona.
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2.
A Notice of Final Rulernaldng regarding these changes to the A.A.C. was published
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in the Arizona Administrative Register on March 8, 2013. The mies went into effect April 9,
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2013.
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Docket No. RU-00000A- l7-0314
Page 2
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3.
The Rule 107 rate application process is available to the nine retail electric
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distribution cooperatives, the two retail natural gas distribution cooperatives', and the one electric
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generation and transmission cooperative.
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4.
Since the effective date of Rule 107, nine streamlined cooperative rate applications
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have been processed, with one currently in process. The average processing time from application
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date to the effectiveness date of new rules is approximately eight moMs for a streamlined
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cooperative rate case compared to a full rate case which averages around twelve months.
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5.
Over the past several years with the processing of numerous streamlined rate
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applications, it has become apparent that Rule 107 could be modified in specific areas to improve
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the efficiency of processing these rate cases. In 2017, Utilities Division Staff ("Staff") and Grand
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Canyon State Electric Cooperative Association, Inc. ("GCSECA") began discussions concerning
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possible modifications to Rule 107. Also included in these discussions were proposed rules for the
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processing of cooperative financing applications. The result of those discussions in the form of
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proposed changes to Rule 107, can be found in Exhibit A. Staff and GCSECA have agreed on all
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proposed modifications except for the application of terminating existing rate schedules which
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currently have customers utilizing the rate schedule. GCESCA and Staff also discussed was a
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streamlined financing application process for the relevant cooperatives.
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STAFF ANALYSIS AND RECOMMENDATIONS
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6.
During the discussion between Staff and GCSECA, die goal was to find process
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refinements that relieve some of the regulatory burden for the cooperatives while still giving Staff
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the ability to validate costs, and assess the appropriateness of proposed changes. The proposed
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changes are more specific regarding the type and amount of information Staff needs to process
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streamline rate cases while still giving customers and interested parties the opportunity to
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participate fully.
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' Rule 107 eligibility is open to Class A, B, or C cooperatives. Current utility classifications in the Arizona Administrative Code show revenue levels that would classify Duncan Valley Electric Cooperative, Inc.'s Gas Division as a Class D. The Commission granted a waiver i n the most recent 107 rate case for Duncan Valley Electric Cooperative, Inc.'s Gas Division to be eligible to utilize the Rule 107 streamlined process. De c is io n No .
76682
Docket No. RU-00000A-l7-0314
Page 3
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7.
Proposed modifications include expanding the Rule 107 process to affiliated water
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cooperatives and removing the class restriction to shortening the timeframe for processing
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streamline cases.
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Cooperative Streamlined Financing Application Filing Requirements and Process, is being
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proposed to more clearly define financing application requirements. All proposed changes can be
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seen in Exhibit A.
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8.
A new section, R14-2-108 Electric, Natural Gas, or Affiliated W ater
Staff and GCSECA agree on all proposed modifications except for the proposed
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changes to R14-2-107(B)(l 1) which excludes rate structure changes or non-price tariff changes in
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a Rule 107 proceeding. GCSECA has requested the ability to include in streamlined applications,
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requests to discontinue rate schedules for those customers taldng service under those rate
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schedules, with sufficient notice to the customers that the rate schedules will be discontinued.
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Staff does not agree that rate schedules which currently have customers taddng service should be
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discontinued. Staff proposes freezing such existing rate schedules so new customers are not
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allowed to enroll in those rate schedules. Once all customers have transitioned off the frozen rate
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schedule, the cooperative could apply to discontinue the rate schedule at that point in time.
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9.
Staff has recommended that the Commission direct Staff to file, by May 18, 2018,
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with the Secretary of State, for publication in the Arizona Administrative Register no later than
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June 8, 2018, (1) a Notice of Rulemaking Docket Opening and (2) a Notice of Proposed
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Rulemaking.
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10.
Based on consultation with the Hearing Division, Staff has further recommended
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that the Commission direct the Hearing Division to hold oral proceedings to receive public
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comment on the Notice of Proposed Rulemaking on July 9, 2018, at 10:00 a.m. or as soon as
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practicable thereafter, in Room 222 at the Commission's offices in Tucson, Arizona and on July
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12, 2018, at 10:00 a.m. or as soon as practicable thereafter, in Hearing Room No. 1 at the
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Commission's offices in Phoenix, Arizona.
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11.
Staff has further recommended that interested parties be requested to provide
comments concerning the Notice of Proposed Rulemaking by filing written comments with the
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Docket No. RU~00000A- l7-0314
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Commission's Docket Control by July 9, 2018, and be permitted to provide oral comments at the
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proceedings to be held on July 9 and 12, 2018.
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12.
Staff has recommended that the Commission establish additional procedural
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deadlines and requirements as may be necessary consistent with the Administrative Procedures Act
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and prior Commission Rulemaking procedures.
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CONCLUSIONS OF LAW l.
Pursuant to Article XV of the Arizona Constitution and A.R.S. Title 40 generally,
the Commission has jurisdiction over the matters raised herein. 2.
It is in the public interest to adopt Staffs recormnendations.
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O R DER
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IT IS THEREFORE ORDERED that the Utilities Division shall prepare and file, by May
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18, 2018, with the office of the Secretary of State, for publication in the Arizona Administrative
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Register no later than June 8, 2018, (1) a Notice of Rulemaking Docket Opening and (2) a Notice
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of Proposed Rulemaking that includes the text of rules as included in Exhibit A, attached hereto
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and incorporated by reference.
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IT IS FURTHER ORDERED that the Hearing Division hold oral proceedings to receive
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public comment on the Notice of Proposed Rulemaking on July 9, 2018, at 10:00 a.m. or as soon
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as practicable thereafter, in Room 222 at the Commission's offices in Tucson, Arizona and on July
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12, 2018, at 10:00 a.m. or as soon as practicable thereafter, in Hearing Room No. l at the
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Commission's offices in Phoenix, Arizona.
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IT IS FURTHER ORDERED that interested parties are requested to provide comments
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concerning the Notice of Proposed Rulemaking by filing written comments with the Commission's
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Docket Control by July 9, 2018; and are permitted to provide oral comments at the proceedings to
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be held on July 9 and 12, 2018.
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IT IS FURTHER ORDERED that the Utilities Division shall ensure that the Preamble to
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the Notice of Proposed Rulemaking conforms with the requirements of A.R.S. § 4l-l00l(l5) and
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provides notice of the date, time, and location of the oral proceedings required herein.
28 Decision No.
76682
Docket No. Ru-00000A-17-0314
Page 5
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IT IS FURTHER ORDERED that the Utilities Division shall ensure that the Preamble to
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the Notice of Proposed Rulemaking states that (1) written comments on the Notice of Proposed
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Rulemaking should include a reference to Docket No. RU-00000A-l7-0314; (2) written comments
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should be filed with the Commission's Docket Control by July 9, 2018; and (3) oral comments
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may be provided at the proceedings to be held on July 9 and 12, 2018.
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IT IS FURTHER ORDERED that the Utilities Division shall ensure that any written
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comments filed with the Utilities Division rather than the Commission's Docket Control are filed
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with the Commission's Docket Control.
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IT IS FURTHER ORDERED that the Utilities Division shall, by June 8, 2018, file with the
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Commission's Docket Control an Economic, Small Business, and Consumer Impact Statement that
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addresses the economic impacts of the recommended changes to the rules as included in Exhibit A
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and conforms to the requirements of A.R.S. §41-l057(2).
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IT IS FURTHER ORDERED that the Utilities Division shall, on or before July 6, 2018,
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file with the Commission's Docket Control a document including (l) a summary of any written
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comments filed by interested persons behveen the effective date of this Order and June 25, 2018,
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and (2) the Utilities Division's responses to those comments.
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Decision No.
76682
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Docket No. RU-00000A-l7-0314
Page 6
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IT IS FURTHER ORDERED that the Utilities Division shall, by August 10, 2018, file with
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the Commission's Docket Control a document including (1) a summary of all written comments
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filed by interested persons after June 25, 2018, and oral comments received at the oral proceedings
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in this matter; (2) the Utilities Division's responses to those comments; and (3) a revised
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Economic, Small Business, and Consumer Impact Statement or memorandum explaining why no
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revision of the prior filed Economic, Small Business, and Consumer Impact Statement is
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necessary.
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IT IS FURTHER ORDERED that this Decision shall become effective immediately.
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BY THE ORDER OF THE ARIZONA CORPORATION COMMISSION
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CH
MAN FORESE
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CO
COMMISSIONER TOBIN
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COMM SI ONER D
c /uF rrI - . Si
SSIONER OLSON
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C n MISSION
BURNS
"W
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/I4
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I N WI TNESS WHEREOF, 1, TED VOGT, Executive Director of the Arizona Co1poration Commission, have hereunto, set my hand and caused the official seal of this Commission to be affixed at the Capitol, in the City of Phoenix, this Pb day of , 2018.
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TED VOGT EXECUTIVE DIRECTOR
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DISSENT:
DISSENT:
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EOA:RSP:red/RRM 28
Decision No.
76682
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Page 7
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Docket No. RU-00000A-l7-03 l4
Arizona Corporation Commission Docket No. RU-00000A- 17-0314
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Mr. Michael Patten One Arizona Center 400 East Van Buren Phoenix, AZ 85004
[email protected] [email protected] [email protected] [email protected] [email protected] Consented to Service b Emai l Mr. Joe King Arizona Electric Power Coop. PO Box 670 Benson, AZ 85602
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Mr. Steven Lunt Duncan Valley Electric Cooperative, Inc. PO Box 440 379597 AZ HWY 75 Duncan, AZ 85534 Mr. William Sullivan Law Offices of William P. Sullivan, PLLC 501 East Thomas Road Phoenix, AZ 85012
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Ms. Jennifer Cranston Gallagher & Kennedy, P.A. 2575 E. Camelback Rd. Suite 1100 Phoenix, AZ 85016-9225
[email protected] [email protected] Jennifer.cranston(?122knet.com Consented to Service b Email Mr. Than Ashby Graham County Electric Cooperative, Inc. 9 West Center Street PO Drawer B Pima, AZ 85543
Mr. Ladel Laub 71 East Highway 56 Beryl, UT 84714 Mr. Dan McClendon Garkane Energy Cooperative, Inc. PO Box 465 Loa, UT 84747 Mr. Tyler Carlson Ms. Peggy Gilman Mohave Electric Cooperative, Inc. PO Box 1045 Bullhead, AZ 86430
[email protected] [email protected] Consented to Service b Email Mr. Jeffiey Crockett Crockett Law Group, PLLC 2198 E Camelback Rd Suite 305 Phoenix, AZ 85016 Mr. Charles Moore Navopache Electric Cooperative, Inc. 1878 W. White Mountain Blvd. Lakeside, AZ 85929
[email protected],q
[email protected] Consented to Service b Email Mr. Andy Kvesic Director/Chief Counsel, Legal Division Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 85007 le2aldiv(a)azcc.,
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B= L Notice Requirements.
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A cooperative shall ensure that theProposed Form of Notice submitted to Staff for approval
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Stalillaad4hatit-includes, at a minimum, all of the following: Le
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The cooperative's name and contact information,
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Decision No. 76682
RU-00000A~17-0314
Exhibit A 21
The docket number assigned to the cooperative's rate application
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proceeding, l
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A summary of the rate relief requested by the cooperative in its rate
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application;
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For a distribution cooperative, the monthly bill impact to a residential customer with average usage usageif the requested rate relief were granted by the Commission, .
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total-basetevenueg 6=
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For a generation or transmission cooperative, the estimated rate and revenue impact to each member distribution cooperative served if the requested rate relief were granted by the Commission,
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Instructions for viewing or obtaining filed documents;
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Information regarding the Commission's process under this Section,
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The deadline to file intervention requests and objections, which shall be a date no earlier than 30 days after the date Notice is mailed to customers,
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Instructions for requesting intervention and submitting objections; and
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Information regarding disability accommodations=;
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Alter receiving Staff approval for a form of Notice. a cooperative shall provide notice of its application as follows: a
If a distribution cooperative. by sending the Notice, by First Class Mail, to each of the cooperative's customers; and
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If a generation or transmission cooperative. by publishing the Notice in at least one newspaper of general circulation in the service territory of each member distribution cooperative served and by sendinfz the Notice, by First Class Mail. to each member distribution cooperative served.
E» Q Filing Requirements. Ne-latet=4l=\aa+69 Within twenty days after completing the provision of Notice as required by subsection (96-) (_18)(_;), a cooperative may
file in the
assigned docket a rate application under this Section, which shall include the following: 6 Decision No. 76682
RU-00000A-17-0314
Exhibit A
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The legal name of the cooperative and identification of the test year, 2.
A waiver of the use of reconstruction cost new rate base to determine the cooperative's fair value rate base,
3.
A copy of the most recent certified annual financial and statistical report submitted by the cooperative to a federal agency, such as RUS or FERC, or an established national non-prolit lender that specializes in the utility industry, such as CFC or CoBank;
4.
A copy of the most recent audited financials for the cooperative feta-period ~
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The information listed in the table in R14-2-l03(B)(l) for Schedules Schedule Al, A-4;-and-A-5; which shall be submitted in the format provided in Appendix Schedules Schedule A-17A-4;a=nd-A-5;
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The information listed in the table in R14-2-103(B)(1) for Schedules B-2, B-5; Cl, C-2 (if applicable), -
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Shall be included on schedules labeled consistently with and containing the substantive information corresponding to the Appendix Schedules,
b.
Shall conform to the instructions and notes contained on the corresponding Appendix Schedules,
c.
May be submitted in the format provided in the Appendix Schedules or formatted in an alternate manner, and
d.
May omit information that is not applicable to the cooperative's operations;
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The information listed in the table in R14-2-103(B)(1) for Schedules B-3 and B-4. if requesting a change in depreciation rates in accordance with subsection (D)(7);
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A copy of the Notice sent and, if applicable, published, as required under subsection (GX-5)1812); and
7 Decision No. 76682
RU-00000A-17-0314 Exhibit A
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Proof that the Notice was sent and, if applicable, published, as required under subsection
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Pre-Eligibility-Review Objections and Requests. Any person desiring to object to the cooperative's rate application or to request intervention in the cooperative's rate case shall file an objection or request no later than the date specified in the Notice provided pursuant to subsection (GX5-) (_E)(_2).
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Late Objections. In determining the cooperative's eligibility to proceed with its rate application under this Section, Staff shall not consider any objection that is tiled after the deadline in the Notice provided pursuant to subsection (Q-)(é) (_I§}(2).
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Eligibility and Sufficiency Review. Within -1-4 seven days after the deadline for objections and intervention requests specified in the Notice provided pursuant to subsection 69(5) (QQ), Staff shall: 1.
Review the cooperative's rate application, along with any objections timely filed under subsection (-F) Li), to determine whether the cooperative is eligible, under subsection (B), to pursue its rate application under this Section,
2.
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3.
File either a Notice of Eligibility or a Notice of Ineligibility; If the cooperative is eligible, complete the following: a.
Conduct a sufficiency review of the cooperative's rate application,
b.
Determine whether the rate application complies with the requirements of subsection (-E-) (Q and
c.
File either a Notice of Sufficiency that classifies the cooperative as provided in R14-2-l03(A)(3)(q) or a Notice of Deficiency that lists and explains each defect in the rate application that must be corrected to make the rate application sufficient.
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Eligibility and Sufficiency Determinations. Staffs determinations of eligibility, ineligibility, sufficiency, and deficiency al=e§nal-fund are not Commission decisions or Commission orders under A.R.S. §§ 40-252 and 440-253. A cooperative or intervenor that disagrees with Staffs determination of eligibility, ineligibility. sufficiency. or deficiency may petition the Commission to review Staff's determination by filing a petition in the docket. A Commissioner may include a petition for review as an agenda
8 Decision No. 76682
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RU-00000A-17-0314 Exhibit A
item to be considered by the Commission at an Open Meeting. If a petition for review is not included in an Open Meeting agenda within 30 days after the date it is tiled in the docket. the petition for review shall be deemed denied.
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Request for Processing under R14-2-103. Within 30 Qdays after a Notice of Ineligibility is filed, a cooperative may tile a Request for Processing under R14-2-103. If a cooperative files a Request for Processing under R14-2-103, all further activity under this Section shall cease, and the cooperative's rate application shall be deemed a new rate application, filed under R14-2-103, on the date the Request for Processing under Rl4-2103 is Bled.
1% 4 Docket Closure. If a Request for Processing under R14-2-103 is not filed within 39 Q days after a Notice of Ineligibility is filed, the Hearing Division shall issue a procedural order administratively closing the docket. L=
Action on Notice of Deficiency. After Staff` files a Notice of Deficiency: l.
The cooperative shall promptly address each defect listed in the Notice of Deficiency and file all necessary corrections and information to bring the rate application to sufficiency, and
2.
Within -1-4 Qdays after receiving the cooperative's corrections and information, Staff shall again take the actions described in subseetiens-(l4)(-3-)-tilweiugh(é) subsection (Jl(3l.
M-. Q Substantive Review and Staff Report. Airer Staff files a Notice of Sufficiency, Staff shall: 1.
Conduct a substantive review of the rate application,
2.
Prepare a Staff Report that shall include Staflf's recommendations and may include a Request for Hearing that complies with subsection (-Q) LQ); . - . .
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9 Decision No. 76682
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RU-00000A-17-0314 Exhibit A
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File the Staff Report (and a Recommended Order if no Request for Hearing) within: 4
150 days after the Notice of Sufliciencv is filed. for a rate application requesting adjustment to the base cost of power;
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120 days after the Notice of Sufficiencv is tiled, for a rate application requesting a new adjustor mechanism: and
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60 days alter the Notice of Sufficiencv is filed. for any other rate application.
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Responses to Staff Report. Within 10 days alter Staff tiles a Staff Report: l.
The cooperative shall tile a Response to the Staff Report, which may include a Request for Hearing that complies with subsection (Q) (Q)_or a Request for Withdrawal; and
2.
Each intervenor shall file a Response to the Staff Report, which may include a Request for Hearing that complies with subsection (Q) (Q).
Q= Q Request for Hearing. A Request for Hearing shall include, at a minimum, an explanation of the requesting party's reasons for believing that an evidentiary hearing should be held, a summary of each issue on which the party believes evidence should be provided, and a recitation of the witnesses and documentary evidence that the requesting party believes could be produced to provide evidence on each issue. P- R
Responses to and Action on Request for Hearing. L
A party shall file any response to a Request for Hearing within five business days after the Request for Hearing is filed.
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The Hearing Division shall rule on each Request for Hearingwithin 10 business days after it is filed and may require peu=ty-responses;-including oral argument; or other proceedings at its discretion in considering a Request for Hearing.
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The Hearing Division may extend the party response deadline or Hearing Division's ruling deadline for flood cause.
10 Decision No. 76682
RU-00000A-17-0314 Exhibit A
If a hearing is granted, the Hearing Division shall preside over all further proceedings in the case. Q= §
Action on Request for Withdrawal. The Hearing Division shall rule on each Request for Withdrawal and may require party responses, including oral argument, or other proceedings at its discretion in considering a Request for Withdrawal. If withdrawal is granted, the Hearing Division shall issue a procedural order administratively closing the docket.
RE L Requirement for Service. A party that tiles a document under this Section shall also serve a copy of the document on each other party to the case, bya~lnaetlaedeenferaaai4ng-tothe in accordance with the Commission's rules or as otherwise authorized by the Commission.
Sn
Revenue Increase Cap. No Commission decision issued under this Section shall increase a cooperative's base revenue by more than 6% of the cooperative's actual test year total base revenue, unless the cooperative meets the requirements of subsection (C). _In calculating the 6% base revenue increase cap. the Commission shall not include the revenue derived from a change to the base cost of power, an existing adjustor rate. an existing surcharge rate. an existing hook-up fee, or another existing fee or the addition of a new adjustor mechanism or surcharge mechanism.
m;
The Commission may, at any stage in the processing of a cooperative's rate application under this seetien Section, determine that the rate application shall instead proceed under R14-2-103
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Recommended Opinion and Order. The Hearing Division shall issue a Recommended Opinion and Order within 90 days after the last Dav of a hearing held under this Section.
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The Commission may, for good cause. waive an eligibility requirement of subsection (B).
R14-2-108. Electric, Natural Gas, or Affiliated Water Cooperative Streamlined Financing A
location Filip Re uirements and Process
Definitions. The definitions contained in R14-2-107 shall apply to this Section unless the context otherwise requires.
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New Financing or Refinancing Requests.
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Thirtv days before filing an application to request new financing, a cooperative shall meet with Staff to discuss the financing application.
ll Decision No. 76682
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RU-00000A-17-0314 Exhibit A
A cooperative shall ensure that its filed financing application includes. at a minimum: 4
The information provided to lenders by the cooperative,
b_
The most recent audited financials for the cooperative. arid
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A capital budget or work plan showing how the cooperative proposes to use the fiends obtained through the requested financing.
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A cooperative shall post a notice regarding its financing application. in a form approved by Stafani or a link to such a notice. on the main page of the cooperative's website.
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Staff shall issue a Staff report and proposed order regarding a cooperative's financing application within 75 days after the filing of the financing application.
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Refinancintz Requests.
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Fourteen days before filing an application for refinancing, a cooperative shall meet with Staff to discuss the refinancing application.
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A cooperative shall ensure that its filed refinancing application includes, at a minimum. the information required under subsection (B)(2l. A cooperative shall post a notice regarding its refinancing application, in a form approved by Staff] or a link to such a notice, on the main page of the cooperative's website. Staff shall issue a Staff report and proposed order regarding a cooperative's refinancing application within 45 days after the filing of the refinancing
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application.
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Joint Requests
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A cooperative may file an application requesting approval of both new financing and refinancing.
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An application requesting approval of both new financing and refinancing shall be l
processed under subsection (B).
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12 Decision No. 76682