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Document 1932933
A CMS Energy Company General Offices: One Energy Plaza Jackson, MI 49201 *Washington Office: 1730 Rhode Island Ave. N.W. Suite 1007 Washington, DC 20036 June 30, 2010 Tel: Fax: (517) 788-0550 (517) 768-3644 Tel: (202) 778-3340 Fax: (202) 778-3355 Writer’s Direct Dial Number: (517) 788-0677 Writer’s E-mail Address: [email protected] LEGAL DEPARTMENT JAMES E BRUNNER Senior Vice President and General Counsel JON R ROBINSON Vice President and Deputy General Counsel Utility Law and Regulation Shelley J Ruckman Kimberly C Wilson Michael G Wilson Assistant General Counsel Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 6545 Mercantile Way P.O. Box 30221 Lansing, MI 48909 David E Barth H Richard Chambers John P Dickey Deborah Ann Kile M Bryan Little Kathrine M Lorenz Eric V Luoma Raymond E McQuillan Rhonda M Morris Deborah A Moss* Mirče Michael Nestor Robert M Neustifter Laura M Pintar Vincent P Provenzano Susan L Rasmussen John C Shea Scott J Sinkwitts Charlotte A Walls Attorney Re: Cases No. U-15805/U-15889 - In the matter, on the Commission’s own motion, regarding the regulatory reviews, revisions, determinations, and/or approvals necessary for CONSUMERS ENERGY COMPANY to fully comply with Public Acts 286 and 295 of 2008: 2009 Renewable Energy Annual Report Dear Ms. Kunkle: Enclosed for filing please find “Consumers Energy Company’s 2009 Renewable Energy Annual Report” filed in accordance with the Commission’s Order issued March 2, 2010 pursuant to Section 51 of 2008 PA 295. This is a paperless filing and is therefore being filed only in a PDF format. I have enclosed a Proof of Service showing electronic service upon the parties. Sincerely, Digitally signed by Raymond E. McQuillan Date: 2010.06.30 17:34:47 -04'00' Raymond E. McQuillan cc: Hon. Sharon L. Feldman (ALJ) Parties per Attachment 1 to Proof of Service www.consumersenergy.com CONSUMERS ENERGY COMPANY Renewable Energy Plan Annual Report for 2009 MPSC Case No. U-15805 Consumers Energy Company (“Consumers Energy” or the “Company”) provides this Renewable Energy Plan Annual Report for Calendar year 2009 to the Michigan Public Service Commission (“MPSC” or the “Commission”) in compliance with Public Act 295 of 2008 (“Act 295”), also known as the “Clean, renewable, and Efficient Energy Act”, Section 51 (1-3) and the Commission’s March 2, 2010 order in MPSC Case No. U-15805. The information contained herein is provided in the format requested by MPSC Staff. SECTION 1: PA 295 SECTION 51 SUBSECTIONS 1-3 REQUIREMENTS Section 51. (1) By a time determined by the commission, each electric provider shall submit to the commission an annual report that provides information relating to the actions taken by the electric provider to comply with the renewable energy standards. By that same time, a municipally-owned electric utility shall submit a copy of the report to the governing body of the municipally-owned electric utility, and a cooperative electric utility shall submit a copy of the report to its board of directors. During 2009 the Company: maintained contracts in existence prior to enactment of Act 295 with renewable energy suppliers; filed its initial Renewable Energy Plan with the Commission in MPSC Case No. U-15805 which was subsequently approved by the Commission in its May 26, 2009 order; acquired approximately 26,000 acres of land easements for the development of its Lake Winds Energy Park and Cross Winds Energy Park; increasing the company’s total land under easement for the development of wind energy parks to approximately 58,000 acres as of December 31, 2009 continued development efforts for its Lake Winds Energy Park, located in Mason County; including the completion of bat studies, avian studies, wetland studies, cultural sensitivity surveys, archeological studies, 201 site contamination studies, preliminary FAA/MAC/Local airport approvals and preliminary noise studies continued development efforts for its Cross Winds Energy Park, located in Tuscola and Huron counties; Page 1 of 9 CONSUMERS ENERGY COMPANY Renewable Energy Plan Report for 2009 issued its January 29, 2009 solicitation for nameplate capacity and associated resource adequacy capacity, energy, and renewable energy credits from small scale renewable energy systems; awarded contracts to six suppliers as a result of the January 29, 2009 solicitation which were subsequently approved by the Commission in its October 13, 2009 order in MPSC Case No. U-15805; issued its May 7, 2009 solicitation for nameplate capacity and associated resource adequacy capacity, energy, and renewable energy credits from renewable energy systems; received bids and initiated evaluation of bids received as a result of the May 7, 2009 solicitation; issued a tariff initiating a pilot program (“Experimental Advanced Renewable Program” or “EARP”) to purchase up to 2 MW of nameplate capacity and associated resource adequacy capacity, energy, and renewable energy credits from small scale photovoltaic solar generation renewable energy systems at standard offer prices; accepted applications from eligible customers proposing to sell nameplate capacity and associated resource adequacy capacity, energy, and renewable energy credits under the EARP tariff; accepted delivery of energy from one renewable energy system under the EARP tariff; completed the overhaul and upgrade of the Hardy Hydroelectric Generating Station, Unit No.3 providing incremental capacity of approximately 1.52 MW of renewable energy nameplate capacity; initiated collection of the renewable energy surcharge authorized by the Commission in its May 26, 2009 order in MPSC Case No. U-15805; and initiated renewable energy credit certification and tracking activities. (2) An annual report under subsection (1) shall include all of the following information: (a) The amount of electricity and renewable energy credits that the electric provider generated or acquired from renewable energy systems during the reporting period and the amount of renewable energy credits that the electric provider acquired, sold, traded, or otherwise transferred during the reporting period. The amount of renewable energy credits provided in the table below, and any renewable energy credits discussed in this report, is estimated. The estimate was developed using the renewable energy generated or acquired and used to serve jurisdictional load that the Company expects to have reported to the Michigan Renewable Energy Certification System (“MIRECS”) by Qualified Reporting Entities (“QRE”). The exact number of renewable energy credits to be Page 2 of 9 CONSUMERS ENERGY COMPANY Renewable Energy Plan Report for 2009 certified will be dependent upon the actual information reported to MIRECS at such time as MIRECS accepts the QRE reported information. Electricity Renewable Energy Generated or Acquired Including Michigan Incentive RECs RECs Sold, Traded or Otherwise Transferred MWh RECs RECs 1,596,354 1,559,941 01 (b) The amount of electricity that the electric provider generated or acquired from advanced cleaner energy systems pursuant to this act during the reporting period. Electricity Advanced Cleaner Energy Credits Generated or Acquired ACECs Sold, Traded or Otherwise Transferred MWh ACECs ACECs 0 0 0 (c) The capacity of each renewable energy system and advanced cleaner energy system owned, operated, or controlled 2 by the electric provider, the total amount of electricity generated by each renewable energy system or advanced cleaner energy system during the reporting period, and the percentage of that total amount of electricity from each renewable energy system that was generated directly from renewable energy. 1 Renewable energy credits sold, traded, or otherwise transferred excludes any non-jurisdictional renewable energy credits sold, traded or otherwise transferred by the Company. Additionally, Renewable Energy credits acquired or sold, traded, or otherwise transferred excludes the Renewable Energy Credits or Certificates) resulting from generation included in the Company’s Renewable Resource Program (“RRP”) or Green Generation Program). 2 For the purposes of this report, the term “controlled” refers to renewable or advanced cleaner energy systems providing, under contract, RECs or ACECs with or without nameplate capacity or energy. Page 3 of 9 CONSUMERS ENERGY COMPANY Renewable Energy Plan Report for 2009 For reporting purposes, the Project Names used in this report should match the Project Name used for reporting data to MIRECs (Michigan Renewable Energy Certification System). See Exhibit 1 for renewable energy systems owned by the Company. See Exhibit 2 for renewable energy systems under contract to the Company. The Company did not own, operate, or control, and did not receive electricity from any advanced cleaner energy systems during the reporting period. (d) Whether, during the reporting period, the electric provider began construction on, acquired, or placed into operation a renewable energy system or advanced cleaner energy system. 3 During 2009 the Company: completed its overhaul and upgrade of the Hardy Hydroelectric Generation Plant, Unit No 3; commenced acceptance of electric energy delivery from the Elk Rapids Hydroelectric Power Plant; commenced acceptance of electric energy delivery from the Scenic View Dairy – Freeport Anaerobic Digestion Electric Generation Plant; commenced acceptance of electric energy delivery from the Zeeland Farm Services Landfill Gas Electric Generation Plant 2; and commenced acceptance of electric energy delivery from the Dow Corning Photovoltaic Solar Electric Generation Facility as part of the EARP. See Exhibit 3 for a summary of new renewable energy systems placed into service or contracted during 2009. The Company did not begin construction on, acquire, or place into operation any advanced renewable energy systems during the reporting period. (e) Expenditures made in the past year and anticipated future expenditures to comply with this subpart. Include all expenditures to be recovered via the revenue recovery mechanism (renewable energy surcharge). Electric providers without a renewable energy surcharge may leave this table blank. 3 Report information for projects owned by the electric provider and projects where the provider is purchasing renewable or advanced cleaner energy credits with or without energy or capacity. Page 4 of 9 CONSUMERS ENERGY COMPANY Renewable Energy Plan Report for 2009 2009 Actual Expenditures 2010 Anticipated Expenditures $2,220,000 $12,934,000 The Company estimates 2009 and 2010 Expenditures to be recovered as Incremental Cost of Compliance as the amount of purchase contract costs in excess of the portion to be recovered as PSCR, Fees, Return on Capital Expenditures, and a portion of Capital Expenditures based on actual expenses and the values included in the Company’s Renewable Energy Plan. Remaining costs are expected to be recovered as part of the Company’s Power Supply Cost Recovery process. The Company expects to recover $90,973 as PSCR expense in 2009 and approximately $2.2 million in 2010. (f) Any other information that the commission determines necessary. 1. Provide the electric provider’s retail sales in MWh. Determine the retail sales number using the method (a) or (b) below that corresponds with the method approved by the Commission in the investor-owned electric utility’s renewable energy plan: a. The number of weather-normalized megawatt hours of electricity sold by the electric provider during the previous year to retail customers in this state. For purposes of this calculation, electric providers using this option are directed to provide a forecasted retail sales estimate for 2011. b. The average number of megawatt hours of electricity sold by the electric provider annually during the previous 3 years to retail customers in this state. For purposes of this calculation, electric providers using this option are directed to provide a forecasted retail sales average using 2009, 2010 and 2011. The Company elected to utilized the 3 year average method for establishing the retail sales upon which its renewable energy standard would be based in its approved Renewable Energy Plan. Accordingly, the Company provides the average of its 2009 actual sales, and forecasted 2010 and 2011 sales. 1. Retail Sales (MWh) 33,216,452 Page 5 of 9 CONSUMERS ENERGY COMPANY Renewable Energy Plan Report for 2009 2. Provide the total available RECs for the electric provider. Include available banked RECs from previous periods, Michigan Incentive RECs and RECs generated/acquired during the reporting period. 2. Total Available RECs 1,559,941 3. Calculate the electric provider’s estimated available renewable energy percentage for the reporting period by dividing the total available RECs (Item number 2 above) by the retail sales (Item number 1 above) and multiplying by 100. 3. Estimated Available Renewable Energy % for Reporting Period 4.70% The Company looks forward to continuing its implementation of the Renewable Energy Plan in 2010. Page 6 of 9 CONSUMERS ENERGY COMPANY RENEWABLE ENERGY PLAN ANNUAL REPORT 2009 EXHIBIT 1 ELECTRIC PROVIDER OWNED RENEWABLE ENERGY SYSTEMS SUMMARY (a) Project Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Calkins Bridge Hydro Alcona Hydro Cooke Hydro Croton Hydro Five Channels Hydro Foote Hydro Hardy Hydro Hodenpyl Hydro Loud Hydro Mio Hydro Rogers Hydro Tippy Hydro Webber Hydro Ludington Pumped Storage TOTAL (b) Generation Technology Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Hydroelectric Pumped Storage (c) Nameplate Capacity (d) Will Capacity Count Toward Capacity Portfolio? MW Y of N N N N N N N N N N N N N N N 2.550 8.000 9.000 8.850 6.000 9.000 31.520 17.000 4.000 4.960 6.760 20.010 3.300 1020.000 1150.950 Page 7 of 9 (e) Total Annual Electricity Generated MWh 11,974 27,227 26,967 43,085 24,797 30,946 113,171 50,306 18,745 14,240 27,837 62,872 14,206 1,053,356 1,519,727 (f) Percent of Total Generated from Renewable Energy Resources % 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 42.2 60.0 (g) Total RECs Generated RECs 13,273 29,818 29,969 46,171 28,403 34,163 126,626 55,008 20,658 15,660 29,768 69,690 16,068 88,968 604,243 (h) Jurisdictional RECs Generated RECs 13,140 29,517 29,667 45,708 28,117 33,819 125,363 54,455 20,450 15,502 29,469 68,990 15,905 88,078 598,180 CONSUMERS ENERGY COMPANY RENEWABLE ENERGY PLAN ANNUAL REPORT 2009 EXHIBIT 2 CONTRACTED RENEWABLE ENERGY SYSTEMS SUMMARY (a) Project Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Adrian Energy Associates - Adrian Alverno Hydro Plant - 2 x 450 kw units Cadillac Renewable Energy, LLC - Unit 2 Beaverton Hydro Irving Hydro LaBarge Hydro Middleville Hydro EARP Elk Rapids Hydro (Energy Only) Elk Rapids Hydro (REPA) C&C Electric 1 Plant (Gas Recovery Systems, LLC) Genesee Power Station - CONS.GENESEE Granger - Grand Blanc Granger - Ottawa Granger - Seymour Granger - Byron Center (Landfill No. 2 Plant) Granger - Pinconning (Landfill No. 1 Plant) Grayling Generating Station - CONS.GRAYLING Belding Hydro Hillman Generating Plant Hubbardston Hydro Kent County Plant - Mass Burn Incinerator Plant Michiana Hydro Peoples Generating Station - Peoples Generating SVD-Frpt - Scenic View Dairy -Freeport Cascade Dam Fallasburg Dam Morrow Dam T.E.S. Filer City Station - CONS.FILERCITY Ada Dam Viking Energy of Lincoln - Lincoln Power Station Viking Energy of McBain - McBain Power Station White's Bridge Hydro - Whites Bridge Hydro WM Renewable Energy, LLC (Venice Park Plant) Zeeland Farm Services - ZFS Plant 2 TOTAL (b) Generation Technology Landfill Gas Hydroelectric Biomass Hydroelectric Hydroelectric Hydroelectric Hydroelectric Solar Hydroelectric Hydroelectric Landfill Gas Biomass Landfill Gas Landfill Gas Landfill Gas Landfill Gas Landfill Gas Biomass Hydroelectric Biomass Hydroelectric Municipal Solid Waste Hydroelectric Landfill Gas Anerobic Digester Hydroelectric Hydroelectric Hydroelectric Biomass Hydroelectric Biomass Biomass Hydroelectric Landfill Gas Landfill Gas (c) Nameplate Capacity (d) Will Capacity Count Toward Capacity Portfolio? MW Y of N N N N N N N N Y N Y N N N N N N N N N N N N N N Y N N N N N N N N N Y 2.40 1.00 34.00 0.50 0.60 0.70 0.35 0.03 0.70 0.70 2.75 35.00 3.81 4.57 0.75 3.79 3.42 36.17 0.30 18.00 0.22 18.00 0.08 3.20 1.60 1.40 0.90 0.80 50.00 1.40 16.30 16.30 0.75 1.50 1.60 263.59 Page 8 of 9 (e) Total Annual Electricity Generated MWh 15,494 3,308 145,168 2,490 2,263 3,838 881 0 2,335 290 16,353 104,252 33,099 38,989 6,373 30,654 22,021 180,858 1,926 143,324 597 100,148 225 16,687 0 8,140 6,164 4,788 500,788 6,275 145,208 142,634 3,584 8,820 1,741 1,699,715 (f) Percent of Total Generated from Renewable Energy Resources % 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 95.4 100.0 90.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 4.0 100.0 82.3 74.7 100.0 100.0 100.0 66.8 (g) Total RECs Generated RECs 14,944 3,052 128,845 2,232 1,864 3,408 760 12 2,259 559 2,304 92,432 16,722 34,240 596 25,841 19,085 154,642 1,748 112,330 576 87,448 194 12,289 43 7,476 5,188 4,244 17,701 5,776 104,589 93,984 3,240 7,983 2,973 971,579 (h) Jurisdictional RECs Generated RECs 14,794 3,021 127,548 2,210 1,845 3,373 752 12 2,237 553 2,280 91,497 16,553 33,895 590 25,581 18,892 153,073 1,730 111,192 570 86,556 192 12,168 43 7,401 5,136 4,201 17,523 5,718 103,533 93,041 3,208 7,901 2,942 961,761 CONSUMERS ENERGY COMPANY RENEWABLE ENERGY PLAN ANNUAL REPORT 2009 EXHIBIT 3 NEW RENEWABLE ENERGY SYSTEMS SUMMARY (a) Project Name 1 2 3 4 5 6 7 8 9 Dow Corning - EARP Elk Rapids Hydro Fremont Community Digester North American Natural Resources - Lennon Scenic View Dairy - Freeport WM Renewables - Northern Oaks Zeeland Farm Services - Plant 2 Hardy Hydro - Unit 3 Upgrade TOTAL (b) Generation Technology Type Solar Hydroelectric Anerobic Digester Landfill Gas Anerobic Digester Landfill Gas Landfill Gas Hydroelectric (c) Nameplate Capacity (d) Will Capacity Count Toward Capacity Portfolio? MW Y of N Y Y Y Y Y Y Y N 0.03 0.70 3.10 1.60 0.86 1.60 1.60 1.52 11.01 (e) (f) (g) Commercial Is Project Owned Construction Operation Date** by Electric Start Date Or Acquisition Date* (May be forecast) Provider? (May be forecast) Date 9/3/2009 10/13/2009 7/1/2010 4/1/2010 10/13/2009 7/1/2010 10/13/2009 5/5/2008 * In the case of projects not owned by the electric provider, this is the date the purchase agreement became effective ** In the case of projects not owned by the electric provider, this is the date that delivery of energy commenced Page 9 of 9 Date 9/3/2009 10/13/2009 11/15/2011 12/31/2010 12/15/2009 11/1/2010 10/13/2009 3/3/2009 Y or N N N N N N N N Y STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter, on the Commission’s own motion, ) regarding the regulatory reviews, revisions, ) determinations, and/or approvals necessary for ) CONSUMERS ENERGY COMPANY to fully ) comply with Public Acts 286 and 295 of 2008: ) 2009 Renewable Energy Annual Report ) ) Case No. U-15805/15889 Christen M. Rutz, being first duly sworn, deposes and says that she is employed in the Legal Department of Consumers Energy Company; that on June 30, 2010 she served an electronic copy of “Consumers Energy Company’s 2009 Renewable Energy Annual Report.” upon the persons listed in Attachment 1 hereto, at the e-mail addresses listed therein. Digitally signed by Christen M. Rutz Date: 2010.06.30 17:35:33 -04'00' __________________________________________ Christen M. Rutz Subscribed and sworn to before me this 30th day of June 2010. Digitally signed by Sharon K. Davis Date: 2010.06.30 17:36:07 -04'00' _________________________________________ Sharon K. Davis, Notary Public State of Michigan, County of Jackson My Commission Expires: 07/28/10 Acting in the County of Jackson Attachment 1 to Cases No. U-15805 and U-15889 - E-Mail Service List Party Name E-mail Address Administrative Law Judge Hon. Sharon L. Feldman [email protected] Counsel for the Michigan Public Service Commission Staff Counsel for Constellation NewEnergy Kristin M. Smith, Esq. Pat Poli John M. Dempsey, Esq. Jennifer L. Copland, Esq. [email protected] [email protected] [email protected] [email protected] Counsel for Energy Michigan Eric J. Schneidewind, Esq. [email protected] Jennifer U. Heston, Esq. [email protected] David E. S. Marvin, Esq. [email protected] Robert B. Nelson, Esq. [email protected] Christopher M. Bzdok, Esq. Bradley D. Klein, Esq. Robert J. Kelter, Esq. Rebecca Stanfield David Wright [email protected] [email protected] [email protected] [email protected] [email protected] Rodger A. Kershner, Esq. Jon D. Kreucher, Esq. [email protected] [email protected] Roderick S. Coy, Esq. Leland R. Rosier, Esq. [email protected] [email protected] James T. Selecky [email protected] Donald E. Erickson, Esq. [email protected] Michael J. McGarry Dan Salter Donna Mullinax Tracy Klaes [email protected] [email protected] [email protected] [email protected] Richard J. Aaron, Esq. Ross K. Bower II, Esq. [email protected] [email protected] Don L. Keskey, Esq. [email protected] Counsel for Hemlock Semiconductor Corporation Counsel for the Michigan Cable Telecommunications Association Counsel for the Michigan Sustainable Energy Coalition Counsel for the Natural Resources Defense Council, Environmental Law & Policy Center, Ecology Center, and Michigan Environmental Council (“MEC”) Counsel for RES North America, LLC, LS Power Associates, L.P., Lafarge Midwest, Inc., Michigan Wholesale Power, and New Covert Generating Company, LLC Counsel for the Association of Businesses Advocating Tariff Equity (“ABATE”) Consultant for the Association of Businesses Advocating Tariff Equity (“ABATE”) Counsel for Attorney General Michael A. Cox Consultants for Attorney General Counsel for Midland Cogeneration Venture Limited Partnership (“MCV”) Counsel for the Michigan Community Action Agency Association e-mail (only) service list-parties