1-253 issue an Order directing DEP and DEC to enter into, with each Solar QF as applicable, a PPA incorporating fixed, levelized avoided cost rates for energy and capacity and a contract term of sufficient length to allow the QF to be financed and constructed issue a Declaratory Order declaring that a 5-year PPA term is insufficient to allow the Solar QFs to obtain the financing necessary to construct their respective QFs, and is not of sufficient length to stimulate the development of QFs and solar energy, as required by PURPA, G.S.
The relief requested by Complainants is that the Commission treat their Complaint as a formal complaint against Duke and a request for declaratory judgment pursuant to G.S. Complainants assert that the Solar QFs cannot obtain financing based on a PPA having only a 5-year term and, thus, Duke's insistence upon a 5-year term is contrary to PURPA's requirement that PPAs with QFs be of sufficient duration to enable the QFs to attract capital from potential investors. In particular, Complainants allege that Duke has refused to offer the Solar QFs a long-term PPA and, instead, has offered a PPA with a 5-year term. The Complainants further state that there is a dispute between Complainants and Duke based on Duke's failure to provide indicative pricing or to enter into long-term PPAs with the Solar QFs, as required by PURPA and North Carolina law.
In addition, the Complainants allege that each Solar QF has obtained a certificate of public convenience and necessity (CPCN) from the Commission authorizing construction of its facility, and that each of the Solar QF's has committed to sell its electric output to Duke under a negotiated long-term power purchase agreement (PPA) for qualifying facilities (QFs) having a capacity in excess of 5 MW, thus creating a legally enforceable obligation (LEO) upon Duke to purchase the Solar QF's electrical output.Ĭomplainants state that each Solar QF established its LEO prior to Duke filing its proposed new avoided cost rates and other changes on November 15, 2016, in Docket No. In summary, Complainants allege that the Solar QFs are six renewable energy projects located in Duke's service territory and that each is entitled to sell power to Duke under terms established pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA). ORDER SERVING COMPLAINT AND REQUIRING RESPONSE BY THE CHAIRMAN: On January 27, 2017, Slender Branch Solar, LLC, Fair Bluff Solar, LLC, Crooked Run Solar, LLC, Homer Solar, LLC, Bay Tree Solar, LLC, and Ruff Solar, LLC, (collectively, Solar QFs) and Cypress Creek Renewables, LLC, (collectively, Complainants) filed a verified Complaint and Request for Declaratory Judgment (Complaint) in the above-captioned dockets against Duke Energy Carolinas, LLC (DEC) and Duke Energy Progress, LLC (DEP, collectively Duke). Notes: The current error page you are seeing can be replaced by a custom error page by modifying the "defaultRedirect" attribute of the application's configuration tag to point to a custom error page URL.RALEIGH, N.C., Feb 2 - The North Carolina Utilities Commission issued the following order involving Slender Branch Solar on dockets against Duke Energy Carolinas:
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