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Isabel Lang
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1 Control Number : Item Number : 2 Addendum StartPage: 0

2 ^20x de.i^ WA OCI solar power November 4, ;, - L Li { Sent via Overnight UPS Delivery Public Utility Commission of Texas 1701 N. Congress Ave., #Ste Austin, TX Re: Notice of Self-Certification of Exempt Wholesale Generator Status Dear Sir/Madam: On November 4, 2015, a Notice of Self-Certification of Exempt Wholesale Generator Status was submitted electronically to FERC for each of the three below entities: ( Ai LLC OCI Alamo 7 LLC OCI Solar TRE LLC Pursuant to 18 C.F.R (a), a copy of the Notice for each of these three entities must be submitted to the Texas State regulatory authorities. Accordingly, enclosed is the original and four copies of the Notice for each entity. Sincerely, If you have any questions regarding these filings, please feel free to contact me at Julie Rickman, MBA Corporate Paralegal Direct Dial: jrickman@ocisolarpower.com Encl. OCI SOLAR POWER LLC 300 Convenii street I SU='e Sa,^nn1.or;o,7X78205j Pho-e: 21-u.453.3`v^0 1 vnnwoc:so;arpowe ^o7^:

3 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION OCI ALAMO 6 LLC ) Docket No. EG NOTICE OF SELF-CERTIFICATION OF EXEMPT WHOLESALE GENERATOR STATUS Pursuant to the Public Utility Holding Company Act of 2005 ("PUHCA 2005") and Section of the regulations of the Federal Energy Regulatory Commission, 18 C.F.R ("FERC" or "Commission"), OCI Alamo 6 LLC ("Alamo 6"), a Delaware limited liability company, hereby submits this notice of self-certification ("Notice") of its status as an exempt wholesale generator ("EWG"), as defined in Section of the Commission's rules, 18 C.F.R In support of this Notice, Alamo 6 hereby states as follows: 1. Princinal Office of Alamo 6 The address of the principal office of Alamo 6 is: OCI Alamo 6 LLC 300 Convent Street, Suite 1900 San Antonio, TX II. Communications All communications regarding this Notice should be provided to: Stefanie Box, General Counsel OCI Solar Power LLC 300 Convent Street, Suite 1900 San Antonio, TX (210) (210) (fax) sbox@ocisolarpower.com III. Descrintion of Alamo 6 and Eligible Facilities Alamo 6 is a Delaware limited liability company and a wholly-owned direct subsidiary of OCI San Antonio 6 LLC, a Delaware limited liability company and a wholly-owned direct 1

4 subsidiary of OCI Solar Power LLC ("OCISP"), a Delaware limited liability company. OCISP and its subsidiary holding companies, including OCI San Antonio 6 LLC, are holding companies as defined in Section of the Commission's regulations solely because of their ownership interests in EWGs or qualifying facilities. Alamo 6 owns and will operate a solar photovoltaic generating facility with a net electrical output of MWac located in Pecos County, Texas (the "Project"). The Project is expected to commence commercial operations on or about October The Project is comprised of photovoltaic panels and associated equipment necessary for the generation of electric power and will interconnect to the transmission system of LCRA Transmission Services Corporation ("LCRA") a public utility located within the Electric Reliability Council of Texas service territory, via interconnection facilities located onsite. All of the output from the Project will be sold at wholesale to The City of San Antonio, acting through its City Public Service Board ("CPS Energy"), under a power purchase and sale agreement ("PPA") with an initial term of 25 years, with extensions available pursuant to the terms of the PPA. In connection with owning and operating the Project, Alamo 6 also may engage in the following incidental activities that the Commission has determined do not violate the exclusivity requirement for EWG status: The sale of ancillary services,' The sale of byproducts of the generation of electric energy,' The resale of excess electric transmission capacity,' 1 See Sithe Framingham LLC, 83 FERC 61,106 at 61,504 ( 1998). 2 See Richmond Power Enter., L.P., 62 FERC 61,157 at 62,098 ( 1993). 3 See Compania Hidroelectrica Dona Julia S. De R.L., 85 FERC 61,336 at 62,318 ( 1998). 2

5 Certain project development and financing activities necessary to achieve financial closing of EWGs and/or eligibility facilities that the Project will own and/or operate,4 The trading of emissions allowances obtained for the normal operation of the facilities that become excess to the requirements of the Facility or other eligible facilities owned and/or operated by the Project,' The sale of "green" power certificates or credits associated with power produced by the Facility or other eligible facilities owned or operated by the Project,6 Leasing or renting property to third parties provided that all revenues above a nominal amount from activities not reasonably incidental to the ownership or operation of eligible facilities and sales of electric energy at wholesale are donated to charity or transferred to a non-affiliate,7 Entering into agreements relating to facilities shared with an affiliated EWG and used in the operation of eligible facilities,8 Engaging in one-time sales of excess land located adjacent to one or more of its eligible facilities,9 Providing emergency support, services, and material to other utilities or facilities in the event of an natural disaster or catastrophic event,lo Providing site services that are reasonably incidental to the generation and sale of electric energy at wholesale,ll and Engaging in such other activities incidental to the sale of electric energy at wholesale that are consistent with the Commission's EWG precedent. ' See AEP Resources, Project Mgmt. Co, 74 FERC 61,202 at 61,674 ( 1996). 5 See, e.g., UGIDevel. Co., 89 FERC 61,192 at 61, (1999). 6 See Madison Windpower, LLC, 93 FERC 61,270 7 at 61,871 (2000). See Duke Energy Hot Spring, LLC, 8 98 FERC 61,287 (2000) ( "Duke Hot Spring"). See Buffalo Gap Wind Farm 2, LLC, 188 FERC 61,069 at PP 2, 14 & n.3 (2007). 9 See Vienna Power LLC, 112 FERC 62,199 (2005). 10 See Notice of Self-Certification of Exempt Wholesale Generator Status at 9-10, (filed Nov. 7, 2008); Docket No. EG Majestic Wind PowerLLC, Notice of Effectiveness of Exempt Wholesale Generator Status, Docket Nos. EG , et al. (Feb. 27, 209) (unreported). 11 See PPL Martins Creek, LLC, 105 FERC 61, 177 at P. 10 (2003) (approving EWG's provision of potable water and cooling tower make-up water, along with waste water treatment and discharge services, to an affiliate's neighboring facility); Hardee Power Partners, Ltd., 104 FERC 61,327 at PP (2003) ( under approving arrangement which an EWG allowed third party use of road, water, and switchyard facilities to-day and the EWG's provision of day- physical operation services of switchyard facilities for safety reasons); Duke Hot Spring, 62, FERC 61,287 at (accepting arrangement under which EWG provides power to a transmission company's substation substation interconnects where the EWG's plant to the electric transmission system). 3

6 IV. Renresentations Regarding EWG Status Consistent with Section of the Commission's regulations, Alamo 6 makes the following representations in order to certify that it satisfies the requirements for EWG status: 1. Alamo 6 will be engaged directly and exclusively in the business of owning and operating the Project and selling electric energy at wholesale. 2. Consistent with the Commission's EWG precedent, the associated activities described in Part III above are incidental to the wholesale generation business and will not violate the EWG exclusivity requirement. 3. The Project, as described above, will satisfy the definition of "eligible facilities" in Section 32(a)(2) of the Public Utility Holding Company Act of 1935 and as incorporated by reference in 18 C.F.R because it will be used for the generation of electric energy exclusively for sale at wholesale. 4. The Project includes no transmission or distribution facilities other than those interconnecting transmission facilities necessary to permit Alamo 6 to engage in electric energy sales at wholesale. 5. Alamo 6 will not make sales of electric energy at retail. 6. No rate or charge for, or in connection with, the construction of the Project, or for electric energy produced by the Project, was in effect under the laws of any State on October 24, As such, no determination or certification by a state commission is necessary prior to certification of Alamo 6 as an EWG. 7. Alamo 6 is not currently engaged in, and has no plans to engage in, foreign or domestic sales of electric energy at retail. All of the electric energy generated by the Project will be sold exclusively at wholesale within the United States. 4

7 8. No portion of the Project will be owned or operated by an "electric utility company" that is an "affiliate" or "associate company" of Alamo 6, as defined in Section of the Commission's regulations. 9. There are no leasing arrangements involving Alamo 6 as lessor and any public utility company or any affiliate or associate company of any public utility company. V. Service Pursuant to Section 366.7(a) of the Commission's regulations, Alamo 6 is serving a copy of this Notice of Self-Certification on the Public Utility Commission of Texas, the state regulatory authority of the state in which the Project is located. VI. Conclusion Based on the foregoing facts, statements, and representations, Alamo 6 satisfies the requirements for EWG status. Respectfully submitted, tefame Box, e ral Counsel PSolar OCT Power LLC 300 Convent Street, Suite 1900 San Antonio, TX (210) Dated: November 4,

8 CERTIFICATE OF SERVICE I, Stefanie Box, hereby certify that I have this day caused the foregoing Notice of Self- Certification of Exempt Wholesale Generator Status of OCI Alamo 6 LLC to be served by UPS overnight delivery upon the Public Utility Commission of Texas. Dated at San Antonio, Texas, this 4th day of November, Stefan e Box, Ge ral Counsel OCI Solar Power LLC 300 Convent Street, Suite 1900 San Antonio, TX (210)

September 2, Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C.

September 2, Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. TEXAS EASTERN TRANSMISSION, LP Mailing Address: 5400 Westheimer Court P. O. Box 1642 Houston, TX 77056-5310 Houston, TX 77251-1642 713.627.5400 main Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory