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Summary of IPL Rate REP Case Pending Before IURC

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Oct. 13, 2010, Indianapolis Power and Light (IPL) filed a petition with the Indiana Utility Regulatory Commission (IURC) in Cause No. 43960 to make modifications to its Demand Side Management (DSM) programs. Included in this filing are proposed changes to Rate REP or IPL’s feed-in tariff (FIT).

IPL filed its Case-in-chief with the IURC on Oct. 15, 2010 and is comprised of 493 pages. Therefore, we will only provide portions of the case. If you are interested in other issues addressed in this case contact me at (317) 635-1701 or Laura.Arnold@indianaDG.org.

The proposed changes to IPL’s Rate REP or FIT can be found in the direct testimony of John E. Haselden, Petitioner’s Exhibit JEH-1. 


The proposed revised tariff for Rate REP is found in Petitioner’s Exhibit JEH-2.

43960_JEH-2 This actually includes both JEH-2 and a redlined version in JEH-3.

Additional supplemental testimony was also filed by Haselden on December 10, 2010.


The Office of the Utility Consumer Counselor (OUCC), aka the “Public”, and the Intervenors, IDEA and the Industrial Group (IG)  pre-filed their testimony in this case on 02/15/2011.

IPL Files Motion to Suspend Feed-in Tariff or Rate REP on 2/7/2011

Before this filing date, however, on 02/07/2011 IPL dropped a bombshell by filing a Motion to Withdraw Proposed Revisions to Rate REP and Temporarily Suspend Rate REP.

This is IPL’s Motion to Suspend Rate REP. IPLs Motion to Withdraw Proposed Revisions[1]

On 02/11/2011, the OUCC filed an Objection to IPL’s Motion to Withdraw Proposed Revisions to Rate REP and Temporarily Suspend Rate REP as well as requesting an extension of time to submit its Case-in-Chief. Indiana Distributed Energy Advocates (IDEA) supported and joined the OUCC’s motion.

43960 IPL DSM OUCC Objection and Motion for Extension of Time[1]

On 02/14/2011, IPL (Petitioner)  filed a reply to the OUCC’s Objection.

Petitioner’s Reply to OUCC’s Response43960[1]

IDEA Files Testimony

IDEA filed the following documents on 02/15/2011:

IDEA’s Joinder in OUCC’s Objections[1]_15Feb2011

Notice of Filing Prefiled Testimony[1]_15Feb2011

Prefiled Testimony of Laura Ann Arnold[1]_15Feb2011

Prefiled Testimony of Eric Cotton[1]_15Feb2011

Testimony Filed by OUCC

Please find below the testimony filed by the Office of Utility Consumer Counselor (OUCC) pertaining to Rate REP.

43960- OUCC Testimony Exht.6 of Ray L. Snyder[1]

43960- OUCC Testimony Exht.2 of Ronald L. Keen[1]

43960- OUCC Testimony Exht.1 of Barbara A. Smith

IURC Schedules Technical Conference; Then Cancels and Requests IPL to Respond to Questions

A flurry of  activities have transpired while the Commission tried to sort out the motion filed by IPL on 2/7/2011 to suspend Rate REP. While the clock was ticking to respond to IPL’s motion to suspend Rate REP, the Office of the Utility Consumer Counselor (OUCC) filed an Objection to IPL’s Motion.  In the meantime, on 2/14/2011 filed a reply to the OUCC’s Objection.  IDEA joined the OUCC’s Objection on 2/15/2011.

In the meantime, all the parties, i.e. OUCC, IDEA and the Industrial Group, filed their pre-filed testimony on 2/15/2011.

On 3/4/2011, the Commission decided to schedule a Technical Conference on 3/17/2011 to request additional information from the parties BEFORE it ruled on the pending motions. Then on 3/8/2011, the IURC vacated the Technical Conference. Instead the IURC ordered IPL to submit written responses to a set of six questions posed by the Commission by 3/21/2011. See 43960_IURC Docket Entry_8March2011

Adhering to the original schedule for this case, however, IPL filed its rebuttal testimony on 3/16/2011.  See IPL’s Rebuttal Testimony and Exhibit[1]

IPL filed its responses to the Commission questions on 3/21/2011. See IPL Response to IURC Docket Entry_21March2011_REV . If you or your company has an Interconnection Application currently pending with IPL under Rate REP, you will want to review this document to see Petitioner’s Exhibit DE-2 entitled, Summary of Interconnection  Applications Associated with Rate REP.

IURC Denies IPL Motion to Suspend Rate REP

Lastly, on 3/23/2011 the Commission made a docket entry denying IPL’s motion to withdraw their proposed changes to Rate REP and temporarily suspend Rate REP. See 43960_IURC Docket Entry_23Mar2011

That pretty much brings things up-to-date. Are you completely confused by now?  If you aren’t confused you deserve a gold medal.

Next the Indiana Utility Regulatory Commission will conduct a public Evidentiary Hearing in Cause No. 43960 in Judicial Courtroom 224 of the PNC Center, 101 W. Washington Street, Indianapolis, Indiana commencing at 9:30 AM, EDT, on Wednesday, April 13, 2011. The hearing is open to the public.

IPL is expected to file a petition to create a new docket or a sub-docket in the current case to resolve the issued raised in their 2/7/2011 motion.  IDEA plans to intervene and participate in any subsequent case pertaining to IPL’s Rate REP.

I have created an Excel Spreadsheet with a timetable of events to help. See 43960 Time Table Spreadsheet



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