6.1a ERMUSR 03-12-2019 - Laserfiche WebLink

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02/20/19 REVISOR RSI/SL 19-3503 as introduced 1 1.1 cooperative electric association's plan under this section with respect to retail revenues 11.2 attributable to the large customer facility.The filing must include a discussion of the 11.3 competitive or economic pressures facing the owner of the facility and the efforts taken to 11.4 identify,evaluate,and implement energy conservation and efficiency improvements.A 11.5 filing submitted on or before October 1 of any year must be approved within 90 days and 11.6 becomes effective January 1 of the year following the filing,unless the commissioner finds 11.7 the owner of the large customer facility has failed to take reasonable measures to identify, 11.8 evaluate,and implement energy conservation and efficiency improvements.If a facility 11.9 qualifies as a large customer facility solely due to its peak electrical demand or annual 11.1 o natural gas usage,the exemption may be limited to the qualifying utility if the commissioner 11.11 finds that the owner of the large customer facility has failed to take reasonable measures to 11.12 identify, evaluate,and implement energy conservation and efficiency improvements with 11.13 respect to the nonqualifying utility.Once an exemption is approved,the commissioner may 11.14 request the owner of a large customer facility to submit a report demonstrating the large 11.15 customer facility's ongoing commitment to energy conservation and efficiency improvement 11.16 after the exemption filing.The commissioner may request a report under this paragraph not 11.1 7 more than once every five years for up to ten years after the effective date of the exemption. 11.18 If the majority ownership of the large customer facility changes,the commissioner may 11.19 request additional reports for up to ten years after the change in ownership occurs. The 1120 commissioner may,within 180 days of receiving a report submitted under this paragraph, 11.21 rescind any exemption granted under this paragraph upon a determination that the large 11.22 customer facility is not continuing to make reasonable efforts to identify,evaluate,and 11.23 implement energy conservation improvements.A large customer facility that is exempt 1124 from the investment and expenditure requirements of this section under an order from the 1125 commissioner as of December 31,2010,is not required to submit a report to retain its exempt 11.26 status,except as otherwise provided in this paragraph with respect to ownership changes. 11.27 An exempt large customer facility is prohibited from participating in a municipal electric, 11.28 municipal gas,or cooperative electric association utility's conservation improvement program 1129 unless the owner of the facility files with the commissioner to withdraw its exemption. 11.30 (b)A commercial gas customer that is not a large customer facility and that purchases 11.31 or acquires natural gas from a municipal gas utility may petition the commissioner to exempt 11.32 the commercial gas customer from the municipal gas customer from the municipal gas 11.33 utility's plan under this section with respect to gas sales attributable to the commercial gas 11.34 customer.The petition must be supported by evidence demonstrating that the commercial 11.35 gas customer has acquired or can reasonably acquire the capability to bypass use of the 11.36 municipal utility's gas distribution system by obtaining natural gas directly from a supplier Article 3 Section 1. 11 109