STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION Commonwealth Edison Company Verified Petition for approval of Rider POGCS Parallel Operation of Retail Customer Generating Facilities Community Supply and associated revisions to various tariff sheets. Docket No. 17- VERIFIED PETITION OF COMMONWEALTH EDISON COMPANY Commonwealth Edison Company ( ComEd ), pursuant to Section 16-107.5 of the Public Utilities Act ( Act or PUA ), 220 ILCS 5/16-107.5, hereby petitions the Illinois Commerce Commission ( Commission or ICC ) for approval of (i) proposed Rider POGCS Parallel Operation of Retail Customer Generating Facilities Community Supply ( Rider POGCS ), and (ii) conforming revisions to the following existing tariffs Rate RESS Retail Electric Supplier Service ( Rate RESS ); Rider POG Parallel Operation of Retail Customer Generating Facilities ( Rider POG ); Rider POGNM Parallel Operation of Retail Customer Generating Facilities with Net Metering ( Rider POGNM ); Rider PORCB Purchase of Receivables with Consolidated Billing ( Rider PORCB ); and Rider NAM Non AMI Metering ( Rider NAM ). See ComEd Exhibit ( Ex. ) A (proposed tariffs in clean format); ComEd Ex. B (same in redlined legislative format, as applicable). As explained in more detail below, ComEd is filing proposed Rider POGCS and the revisions to the aforementioned tariff sheets in conformance with Section 16-107.5 of the PUA, which requires that electric utilities file a tariff within 90 days of the effective date of Public Act 99-0906 ( P.A. 99-0906 ) describ[ing] the terms and conditions under which owners or operators of qualifying properties, units, or apartments may participate in net metering. 220 ILCS 5/16-1
107.5(l-5). Similarly, Section 16-107.5(l) authorizes an electric utility to revise its tariffs to implement the provisions of this amendatory Act of the 99th General Assembly. 220 ILCS 5/16-107.5(l). Because the statute further prescribes that the Commission must issue its order approving, or approving with modification, the proposed tariff within 120 days of the effective date of P.A. 99-0906, ComEd therefore requests that the Commission enter an order on or before September 29, 2017, approving, or approving with modification, Rider POGCS and the revisions to the associated tariff sheets. In support of this Petition, ComEd states as follows I. Background 1. ComEd is a corporation organized and existing under the laws of the State of Illinois with its principal office in Chicago, Illinois. ComEd provides retail electric delivery services to approximately 3.8 million customers in the northern portion of the State of Illinois. ComEd is a public utility within the meaning of Section 3-105 of the Act, and an electric utility within the meaning of Section 16-102 of the Act. 220 ILCS 5/3-105(a); 220 ILCS 5/16-102. 2. On June 1, 2017, P.A. 99-0906 became effective, which includes a variety of new and amendatory provisions to the PUA and Illinois Power Agency Act. Among these changes are revisions to Section 16-107.5 of the PUA the Illinois net metering statute that require electric utilities to allow net metering for, inter alia, retail customers holding ownership or leasehold interest[s] in eligible renewable electrical generating facilities and subscriptions to community renewable generation projects. 220 ILCS 5/16-107.5(l)(1)(A)-(C). Consistent with the General Assembly s finding that [d]eveloping community solar projects in Illinois will help to expand access to renewable energy resources to more Illinois residents (20 ILCS 3855/1-5(7)), these 2
changes to Section 16-107.5 expand net metering generally and accommodate community renewable generation projects specifically. 1 3. Section 16-107.5(l) further requires that an electricity provider [] provide credits for the electricity produced by the projects described in paragraph (1) of this subsection (l). 220 ILCS 5/16-107.5(l)(2). Because community renewable generation projects are now included, the statute also specifies that [t]he electricity provider shall provide credits at the subscriber s energy supply rate on the subscriber s monthly bill equal to the subscriber s share of the production of electricity from the project, as determined by paragraph (3) of this subsection (l). Id. 4. To address the billing complications associated with providing credits to subscribers, Section 16-107.5(l) further clarifies that the owner or operator of the eligible renewable electrical generating facility or community renewable generation project shall be responsible for determining the amount of the credit that each customer or subscriber participating in a project under this subsection (l) is entitled to receive. 220 ILCS 5/16-107.5(l)(3). To this end, the statute specifies the process by which an owner or operator must transmit the required data and calculations to the electric utility. 220 ILCS 5/16-107.5(l)(3)(A). Additionally, the statutory framework addresses and defines the billing and data transmittal processes applicable to subscribers who receive their electric supply from a retail electric supplier ( RES ) (220 ILCS 5/16-107.5(l)(3)(B)), and provides for a process whereby the customer can authorize the utility to 1 A community renewable generation project is an electric generating facility that meets the following four criteria (i) it is powered by wind, solar thermal energy, photovoltaic cells or panels, biodiesel, crops and untreated and unadulterated organic waste biomass, tree waste, and hydropower that does not involve new construction or significant expansion of hydropower dams; (ii) it is interconnected at the distribution system level of an electric utility, a municipal utility that owns or operates electric distribution facilities, a public utility, or an electric cooperative; (iii) it provides credits for the value of electricity generated by the facility to the subscribers of the facility; and (iv) the facility is limited in nameplate capacity to less than or equal to two megawatts. See 20 ILCS 3855/1-10. 3
release certain information to the owner or operator for purposes of calculating the net metering credits (220 ILCS 5/16-107.5(l)(3)(C)). II. Proposed Rider POGCS and Related Tariff Revisions A. Rider POGCS 5. Consistent with Section 16-107.5(l-5) s directive that ComEd file a tariff that describe[s] the terms and conditions under which owners or operators of qualifying properties, units, or apartments may participate in net metering (220 ILCS 5/16-107.5(l-5)), ComEd proposes to place into effect Rider POGCS. As discussed in the Purpose section of Rider POGCS, the purpose of this tariff is to allow for a subscriber to a Community Supply ( CS ) Project 2 to benefit from the production of electricity by CS Projects to which the CS Beneficiary subscribes, as applicable. See ComEd Ex. A. Operationally, Rider POGCS accomplishes this by setting forth a number of prerequisites of service that must be fulfilled by both the CS Project and the CS Beneficiary before the commencement of service. See id. Rider POGCS further describes the calculation and application of charges or credits, as applicable, associated with the CS Projects and their CS Beneficiaries. See id. B. Revisions to Existing ComEd Tariffs 6. Section 16-107.5(l) also generally authorizes an electric utility to revise its tariffs to implement the provisions of this amendatory Act of the 99 th General Assembly. 220 ILCS 5/16-107.5(l)(3)(A). ComEd thus also proposes conforming revisions to several of its existing tariffs to fully implement P.A. 99-0906 s changes to Section 16-107.5 of the Act. Specifically, ComEd is proposing the following revisions 2 The tariff defines a subscriber to a CS Project as a CS Beneficiary. 4
Rate RESS Under the Continuing Obligation section, the proposed revisions add an Obligation regarding data transmittal requirements for those RES-supplied retail customers that are CS Beneficiaries. Rider POG The proposed revisions clarify the tariff s scope and applicability, and set forth new service options that are applicable to CS Projects. Rider POGNM The proposed revisions update the rider s Miscellaneous General Provisions section to include a specific reference to the applicable section of ComEd s General Terms and Conditions of the Company s Schedule of Rates. Rider PORCB Under the RES Continuing Obligations section, the proposed revisions add an Obligation regarding data transmittal requirements for those RES-supplied retail customers that are CS Beneficiaries. Rider NAM The proposed revisions clarify that a retail customer cannot take service simultaneously under Rider NAM and under Rider POGCS. See ComEd Ex. B (setting forth the proposed revisions to these tariffs in redline format). III. Conclusion 7. ComEd requests that the Commission act on this Petition no later than September 29, 2017, and authorize ComEd to file the aforementioned tariff sheets, with an effective date on or before October 9, 2017. 5
WHEREFORE, ComEd respectfully requests that the Commission enter an order approving Rider POGCS and all of the tariff modifications set forth herein, and grant ComEd leave to file the clean tariff sheets contained in ComEd Ex. A, with an effective date on or before October 9, 2017. Dated August 15, 2017 Respectfully submitted, Commonwealth Edison Company By One of Its Attorneys Verónica Gómez Senior Vice President & General Counsel Commonwealth Edison Company 440 South LaSalle Street, Suite 3300 Chicago, Illinois 60605 (312) 394-5400 veronica.gomez@exeloncorp.com Mark R. Johnson Elizabeth D. McErlean McGuireWoods LLP 77 West Wacker Drive, Suite 4100 Chicago, Illinois 60601-1818 (312) 849-8100 mrjohnson@mcguirewoods.com emcerlean@mcguirewoods.com Michael R. Lee 10 South Dearborn Street, Suite 4900 Chicago, Illinois 60603 (312) 394-5831 michael.lee2@exeloncorp.com Counsel for Commonwealth Edison Company 6
ST A TE OF ILLINOIS COUNTY OF COOK ) ) ). SS. VERIFICATION OF MARTIN G. FRUEHE I, Martin G. Fruehe, being first duly sworn, state that (i) I am Manager, Retail Rates, of Commonwealth Edison Company, (ii) I have read the foregoing "Verified Petition of Commonwealth Edison Company," (iii) I am familiar with the facts stated therein, and (iv) those SUBSCRIBED AND SWORN to Before me this j~i!l.day of August, 2017. $,LM.ft)~ ls-~ Notary Public aficial SEAL SUSNfE F DOLEZAL NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXPIRES10/28117