December 24, Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 6545 Mercantile Way, Suite 7 Lansing, MI 48911

Transcription

1 direct dial: Jon D. Kreucher December 24, 2008 Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 6545 Mercantile Way, Suite 7 Lansing, MI Re: MPSC Docket No. U Dear Ms. Kunkle: Enclosed for filing on behalf of RES North America LLC are the following: (i) Appearances of Rodger A. Kershner and Jon D. Kreucher on behalf of RES; (ii) RES Petition for Leave to Intervene in the above-captioned matter; (iii) Certificate of Service related to the same. Please call if you have any questions. JDK/sd cc: All parties of interest # v-1 Very truly yours, HOWARD & HOWARD ATTORNEYS, P.C. Jon Kreucher Jon D. Kreucher Digitally signed by Jon Kreucher DN: CN=Jon Kreucher,O=Howard and Howard Attorneys\, P.C.,OU=,E=jkreucher@howarda ndhoward.com,c=us Date: :09:44-05:00

2 MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH PUBLIC SERVICE COMMISSION ENTRY OF APPEARANCE IN AN ADMINISTRATIVE HEARING This form is issued as provided for by 1939 PA 3, as amended, and by 1933 PA 254, as amended. The filing of this form, or an acceptable alternative, is necessary to ensure subsequent service of any hearing notices, Commission orders, and related hearing documents. General Instructions: Type or print legibly in ink. For assistance or clarification, please contact the Public Service Commission at (517) Please Note: The commission will provide service of documents in this proceeding to only one person for each party. THIS APPEARANCE TO BE ENTERED IN ASSOCIATION WITH THE ADMINISTRATIVE HEARING: Case / Company Name: Reviews related to Consumers' Compliance with Acts 286 & 295 U Docket No. Please enter my appearance in the above-entitled matter on behalf of: 1. (Name) 2. (Name) RES North America, LLC 3. (Name) 4. (Name) 5. (Name) 6. (Name) 7. (Name) Name Jon D. Kreucher Address Howard & Howard Attorneys, P.C Woodward Ave., STE 101 City Bloomfield Hills State MI Zip Phone ( ) jkreucher@howardandhoward.com I am not an attorney I am an attorney whose: Michigan Bar # is P Bar # is: ( state ) Date 12/24/2008 Digitally signed by Jon Kreucher Jon DN: CN=Jon Kreucher,O=Howard and Howard Attorneys\, P.C.,OU=,E=jkreucher@howardandho Kreucher ward.com,c=us Signature: Date: :57:36-05:00 EAHR1-10/23/06

3 MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH PUBLIC SERVICE COMMISSION ENTRY OF APPEARANCE IN AN ADMINISTRATIVE HEARING This form is issued as provided for by 1939 PA 3, as amended, and by 1933 PA 254, as amended. The filing of this form, or an acceptable alternative, is necessary to ensure subsequent service of any hearing notices, Commission orders, and related hearing documents. General Instructions: Type or print legibly in ink. For assistance or clarification, please contact the Public Service Commission at (517) Please Note: The commission will provide service of documents in this proceeding to only one person for each party. THIS APPEARANCE TO BE ENTERED IN ASSOCIATION WITH THE ADMINISTRATIVE HEARING: Case / Company Name: Reviews related to Consumers' compliance with Acts 286 & 295 U Docket No. Please enter my appearance in the above-entitled matter on behalf of: 1. (Name) 2. (Name) RES North America, LLC 3. (Name) 4. (Name) 5. (Name) 6. (Name) 7. (Name) Name Rodger A. Kershner Address Howard & Howard Attorneys, P.C Woodward Ave., STE 101 City Bloomfield Hills State MI Zip Phone ( ) rkershner@howardandhoward.com I am not an attorney I am an attorney whose: Michigan Bar # is P Bar # is: ( state ) Date 12/24/2008 Digitally signed by Rodger Kershner Rodger DN: CN=Rodger Kershner,O=Howard and Howard Attorneys\, P. C.,OU=,E=rkershner@howardandhowa Kershner rd.com,c=us Signature: Date: :59:06-05:00 EAHR1-10/23/06

4 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter, on the Commission s own motion, ) Regarding the regulatory reviews, revisions, ) Determinations, and/or approvals necessary for ) Case No. U CONSUMERS ENERGY COMPANY to fully ) Comply with Public Acts 286 and 295 of 2008 ) ) RES NORTH AMERICA, LLC s PETITION TO INTERVENE DATED: December 24, 2008 Respectfully submitted, HOWARD & HOWARD ATTORNEYS, P.C. By: Rodger A. Kershner (P26049) Jon D. Kreucher (P46133) Woodward Ave., Suite 101 Bloomfield Hills, MI (248) Attorneys for: RES North America LLC

5 PETITION OF RES NORTH AMERICA, LLC FOR LEAVE TO INTERVENE RES North America, LLC, by its attorneys Howard & Howard Attorneys, P.C., respectfully submits its Petition for Leave to Intervene in the above-captioned proceeding pursuant to Rule 201(1) of the Commission s Rules of Practice and Procedure, 1992 ACS R (1), and the Administrative Procedures Act, MCL , et seq.. For its representations as to its rights and interests, its grounds for the proposed intervention, and the positions that it will take in these proceedings, RES says: 1. RES North America, LLC and its affiliated operating companies ( RES ) are among the fastest growing wind development companies in the world. RES has constructed sixty-two (62) operational wind projects around the world with a capacity of more than 2,500 MW. 2. RES has been active in wind development throughout the United States since In less than 10 years, RES has been responsible for the development or construction of over 2,000 MW in the U.S., or over twelve (12%) Percent of our nation s installed wind capacity. 3. In 2001, RES co-developed and constructed the 278 MW King Mountain Wind Ranch in Upton County, Texas, then the largest wind project in the world. RES is currently in the process of constructing approximately 1,400 MW of wind resource, representing more than 30% of the wind capacity currently under construction in the United States RES constructs all of the projects it develops and develops all of the projects it owns. In many cases, the renewable energy produced by RES projects is sold to investor owned utilities. 1 Based on estimates by the American Wind Energy Association. Page 2 of 6 RES Petition to Intervene U-15805

6 5. RES is actively pursuing wind projects in Michigan. As such, RES is particularly interested in Michigan s recently-enacted Clean, Renewable, and Efficient Energy Act, 2008 Public Act 295, and developments related to the Commission s responsibilities as vested by Act Given its extensive record of wind energy development, RES is considered a Renewable Energy Generator under 2008 Public Act On October 21, 2008, the Commission issued an Order Opening Docket ( Order ) in the above-captioned proceeding which relates to regulatory reviews, revisions, determinations, and/or approvals necessary for Consumers Energy Company to fully comply with Public Acts 286 and 295 of The Order notes that the descriptions of Acts 286 and 295 in this order do not cover all of the important details contained in the legislation. Nevertheless, the Order does specifically note: A. That the Commission is required to establish standards for integrated resource plans that a utility requesting a [Certificate of Necessity] will file; 3 B. That the Customer Choice and Electricity Reliability Act has been amended such that each regulated utility must file with the Commission a plan for using dispatchable customer-owned distributed generation within the context of its integrated planning resource process; 4 2 Section 11(g) of Act 295 defines a renewable energy generator as a person that, together with its affiliates, has constructed or has owned and operated 1 or more renewable energy systems with combined gross generating capacity of at least 10 megawatts. 3 Order at page 2 citing MCL 460.6s(11). 4 Order at p. 3 citing MCL r(8). Page 3 of 6 RES Petition to Intervene U-15805

7 C. That Subpart A of Act 295 requires all providers of electric service in the state to establish renewable energy programs and to file a Renewable Energy Plan; 5 D. That rate-regulated electric utilities Renewable Energy Plans must be processed as a contested case; 6 9. While interested parties may typically seek to intervene in a proceeding not less than seven (7) days prior to the date set for the initial hearing or prehearing conference in a matter, 7 the Commission s Order notes that time is of the essence in this proceeding and encourages interested persons to file interventions in this docket as soon as possible. Order at pages 7 and RES is an interested party within the meaning of the Order. Historically, the Commission has permitted intervention in three cases: 1) where a statute creates a right to intervention; 8 2) where a right to intervene exists under the two prong interest test established in Association of Data Processing Service Organizations, Inc. v. Camp, 397 US 150 (1970); 9 and 3) where the intervention would serve the public interest, such as where a party s resources, experience or technical expertise can provide a source of information that would advance the Commission s consideration of the matters at issue. 10 Here, RES meets each test, even though it is only required to meet one: A. Act 295 establishes that renewable energy generators such as RES have a statutory right to intervene in this proceeding. Act 295, Section 21(5); 5 Order at page 4. 6 Id. 7 Commission Rule 201(1). 8 See, e.g., Michigan Consolidated Gas Company, Order at 7-8 (November 10, 1988) 9 Id. at Id. at 7. Page 4 of 6 RES Petition to Intervene U-15805

8 B. The zone of interests at issue within this docket, including, without limitation, those identified at 8, directly affect RES ability to develop and sell power generated from wind resources within this state, and related orders will injure RES if decided in a manner contrary to RES interests; C. As of the date that this Petition is filed, no other proposed intervenor appears to singularly satisfy the definition of renewable energy generator as set forth in Act 295. Therefore, RES can provide the Commission with a source of information relevant to the Commission s efforts in this docket and possibly unavailable from any other party to this proceeding. Consequently, the public interest would be served by RES participation. 12. RES can not yet state with specificity all positions it may take on issues arising in this docket or the relief sought because, among other reasons: a) Consumers has not yet filed a proposal to comply with the Order; b) the Order addresses several issues to be considered by the Commission, but does not, at this very early stage of implementation, offer information as to how the Commission will forward the identified issues; and c) the Order notes that it is not intended to cover all of the important details of the legislation, and that matters yet undefined may be addressed in this or in other dockets. Generally, RES will assert that all orders issued in this docket must comply with the purpose, terms and conditions as provided in Acts 286 and 295. RES reserves the right to forward all positions and seek such relief as is relevant to the range of issues which are or which will be included in this proceeding. Page 5 of 6 RES Petition to Intervene U-15805

9 WHEREFORE, RES North America, LLC requests that this Honorable Commission grant its Petition to Intervene and that it be treated as a full party to this proceeding. DATED: December 24, 2008 Respectfully submitted, HOWARD & HOWARD ATTORNEYS, P.C. Digitally signed by Jon Kreucher Jon DN: CN=Jon Kreucher,O=Howard and Howard Attorneys\, P.C.,OU=,E=jkreucher@howardan Kreucher dhoward.com,c=us Date: :49:57-05:00 By: Rodger A. Kershner (P26049) Jon D. Kreucher (P46133) Woodward Ave., Suite 101 Bloomfield Hills, MI (248) Attorneys for: RES North America, LLC Page 6 of 6 RES Petition to Intervene U-15805

10 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter, on the Commission s own motion, ) Regarding the regulatory reviews, revisions, ) Determinations, and/or approvals necessary for ) Case No. U THE DETROIT EDISON COMPANY to fully ) Comply with Public Acts 286 and 295 of 2008 ) ) CERTIFICATE OF SERVICE Sandra Dillaha hereby certifies that on the 24th day of December, 2008, she served Appearance, Petition to Intervene and Certificate of Service in the above docket on the persons identified on the attached service list by electronic mail. Sandra Dillaha Sandra Dillaha Digitally signed by Sandra Dillaha DN: CN=Sandra Dillaha,O=Howard and Howard Attorneys\, P.C.,OU=,E=sdillaha@howardandhoward.com,C=US Date: :33:52-05:00 # v1

11 Service List for U_15805 Consumers Energy Consumers Energy Company One Energy Plaza Jackson, Michigan (517) Constellation NewEnergy, Inc. John M. Dempsey (P30987) Dickinson Wright PLL 301 E. Liberty, Suite 500 Ann Arbor, MI Natural Resources Defense Council Christopher M. Bzdok Olson, Bzdok & Howard, P.C. 420 E. Front St. Traverse City, MI Rebecca Stanfield Natural Resources Defense Council 101 N. Wacker Drive, Suite 609 Chicago, IL Hemlock Semiconductor Corporation Jennifer Utter Heston David E.S. Marvin Fraser Trebilcock Davis & Dunlap, P.C. 124 West Allegan, Suite 1000 Lansing, MI Energy Michigan Eric J. Schneidewind The Victor Center, Suite N. Washington Square Lansing, Michigan # v1