APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014...

APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
Arkansas Public Service Commission
Docket Summary Cover Sheet
(For all dockets other than Rate Cases, "TD", "C" and "TF" Dockets
Must be filed with each new docket filed at the Commission
STYLE OF DOCKET: (Style may be changed by Secretary of Commission)
Docket Number:
In the Matter of the Act 253 Energy Efficiency Opt-Out Notice
and Affidavit of Delta Plastics of the South. LLC
DOCKET DESIGNATOR: ❑ UDADROP
RELATED DOCKETS:
SD
Nature of Action: (See second sheet)
PETITIONER/INITIATING PARTY*
Delta Plastics of the South, LLC
8801 Frazier Pike
Little Rock, AR 72206
Phone: (501) 490-0395
Fax: (501) 490-0347
MDahnert@deltapl.com
*If the ini iatin
is not a
sdictional tit I
ATTORNEYS' NAME, ADDRESS, PHONE, FAX AND E-MAIL
Kevin M. Lemley
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
425 West Capitol Avenue, Suite 1800
Little Rock, AR 72201
Phone: (501) 688-8849; Fax: (501) 918-7849
klemley@mwlaw.com
n Arkansa
ddress hone fax and e-mail for the corn tan
Pursuant to Rule 2.03(b) of the Commission's Rules of Practice and Procedure, please provide name, address,
phone, tax, e-mail of at least one, but not more than two names to appear on the Service List for this docket
Kevin M. Lemley, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., 425 West Capitol Avenue,
Suite 1800, Little Rock, AR 72201, Phone: (501) 688-8849, Fax: (501) 918-7849,
klemlevmwlaw.com
Write a brief statement, limited to the space provided herein describing the case that you are filing.
Please provide enough information to assure that the nature of your docket is clear.
The applicant is filing this Affidavit pursuant to Act 253 providing Notice of Opt-Out.
Form completed by: KML Date: 2/26/2014
Representing: Delta Plastics of the South, Lld
APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
NATURE OF ACTION: Please choose at least one, but no more than three docket types
Accounting
Acquisition/Sales
❑ Act 310 of 1981 (Surcharge)
Act 821 of 1987 (Cooperatives Rate Change)
Administrative Procedures
Affiliate Rules
Annual Reports/Assessment
0 Ar Energy Conservation Act (Efficiency Programs)
1❑ Arbitration
Arkansas High Cost Fund
Arkansas Intralata Toll Pool
■
p
■
Arkansas Universal Service Fund
E]
❑
1
3
❑
❑
T
❑
ARS1 Arkansas Relay Service, Inc.
Auto Adjustment
Avoided Cost
CCN Cancellation
CCN Facility
CCN License
CECPN
Cost of Gas/Energy seasonal/unscheduled
Customer release/Abandonment
Declaratory Judgment
Depreciation
Dialing/Numbering
Disabilities Act of 1990
Earnings
arnings Review
Eligible Telecommunications Carrier Designation
Energy Policy Act
Energy/Fuel Purchasing Practices
EWG Exempt Wholesale Generator
Extended Area Service
Extension of Telecommunications Facilities Fund
Extraordinary Property Loss
FCC
Finance (Bonds/issue & sell; stock; prom note)
Grand Gulf
Integrated Resource Planning
Interconnection A reements
Interest/Customer Deposit
Investigation/Inquiry
r Lifeline/link up
Market Power
Merger/Transfer
•
• Municipal Franchise Tax
Net Metering
❑ Nuclear Decommissioning
One Call
Pipeline Safety
III Pole attachment issues
• Protective Order
• Public Utilit Holdint Com.an Act
MI Public Utility Regulatory Policy Act
Purchase Power
Railroad
Rates
Refund
Reports
Resource Plan
■
■
■
■
Restructuring
❑
Retail
7 River Crossing
LI Regional Transmission Organization
❑
Rulemaking
Self-Direct Certification
...— Service Quality
_ Shielded Outdoor Lighting
Show Cause
Stranded Costs
Sustainable Energy Resources
Terms and Conditions
Territory/release/unallocated territory
Transition costs
✓
11
L Unbundling
U
LI
USOA (Uniform System of Accounts)
Waiver/Exemption
Weather
Wholesale
Wholesale Rate Adjustment
APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
Act 253 Notice and Affidavit
Pursuant to Arkansas Code Annotated § 23-3-4o5
for the purpose of Opting-Out of Public Utility-Sponsored
Energy Efficiency and Conservation Programs and Measures
Michael Dahnert
,hereby submit on behalf of
(the
"Nonresidential
Business Consumer")
Delta Plastics of The South
this Notice and Affidavit pursuant to Ark. Code Ann. § 23-3-405 on 2/25/14
I understand, agree, and certify as follows:
It.
Delta Plastics of The South is a nonresidential business consumer that is
classified within sectors 31 through 33 of the North American Industry
Classification System, as it existed on January 1, 2013 that chooses to opt out
of utility-sponsored energy conservation programs and measures, as it chooses to
direct its own nonresidential energy conservation programs.
2.
The Nonresidential Business Consumer has (must check at least one):
(a) a peak electrical demand of at least one megawatt (1 MW) at a single
; and/or
(b) multiple facilities with identical ownership in a single public utility's
se) vice territory with a peak electrical demand that exceeds two hundred
kilowatts (200 kW) at each location and an aggregated peak electrical demand
of at least one megawatt (1 MW) for all of the locations; and/or
ri
(c) an annual natural gas usage of seventy thousand million British
Thermal Units (7o,000 MMBtu) at a single facility; and/or
(d) multiple facilities with identical ownership in a single public utility's
service territory with an annual natural gas usage that exceeds fourteen
thousand million British Thermal Units (14,00o MMBtu) at each location and
an aggregated annual natural gas usage of seventy thousand million British
Thermal Units (70,00o MMBtu) for all of the locations.
3. The Nonresidential Business Consumer has not accepted the installation of
or financing or direct monetary compensation in the form of a rebate or incentive to
enable the installation of any energy conservation programs and measures by the
applicable public utility in the five (5) years preceding the date of this affidavit as
referenced in Ark. Code Ann. § 23-3-405(c)(2).
APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
4. The Nonresidential Business Consumer has (must check one):
(a) implemented or will implement energy conservation programs and
measures or has made or will make an investment designated to provide
energy savings for the Nonresidential Business Consumer. The energy
conservation programs and measures implemented or to be implemented or
the investment made or to be made has provided or is expected to provide
energy savings for the Nonresidential Business Consumer in an amount that is
at least equal to the energy efficiency goals or standards established by the
commission as of the date of this affidavit; and/or
VI
(b) exhausted its opportunity to economically conduct further
meaningful and cost-effective energy conservation programs and measures;
and the Nonresidential Business Consumer is unable to realize adequate
benefits by participating in the utility-sponsored energy conservation
programs and measures for the reasons stated therein.
5. Exhibit A attached hereto accurately identifies each public utility to whom
this Notice and Affidavit is directed and each utility account/meter number through
which Affiant is served by each public utility.
Accordingly, the Nonresidential Business Consumer requests the Commission
issue an Order of Compliance pursuant to Ark. Code Ann. § 23-3-405(d)(1) that the
Nonresidential Business Consumer has met the requirements of Ark Code Ann. § 233-405(c) and that the rights and limitations of Ark Code Ann. § 23-3-4o5(d)(2) apply.
AFFIANT CERTIFICATION
The undersigned Affiant hereby swears and affirms that the foregoing Act 253
Notice and Affidavit is true and correct.
z. L----Signature of A (Tian'.
[COMPANY]
Dated this 25
day of
Michael R. Dahnert
Print or Type Name of Affiant
February
, 20
14
.
APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
NOT Y CERTIFICATION
The foregoing Act 253 Notice and Affidavit was duly subscribe(
clay of
by the Affiant before me, a Notary Public, on this
20
4.
- Iota Public's Signature
My Commission Expires:
Notary Seal:
SUSAN MENTH
Salina County
My Commission Expires
Soptm;lor G. 2014
d sworn to
APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1
Exhibit A to foregoing Act 253 Notice and
davit
Delta Plastics of The South
1. A. Entergy
B. Acct. no. - 81102881, Acct. no. 98010291
2. A.
[Insert Second Public Utility Name]
B. [Insert each Account/Meter Number served by first Public Utility]
(Continue listing for each additional public utility serving Affiant Company.