5.4 ERMUSR 02-10-2004 UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Connexus Energy Docket No. ER04-327-000
CONCURRENCE AND INTERVENTION OF ELK
RIVER MUNICIPAL UTILITIES IN SUPPORT OF
FILING
Pursuant to Rule 214 of this Commission's Rules of Practice and Procedure,
18 C.F.R. §385.214, and in accordance with this Commission's Notice of Filing dated
January 2, 2004, Elk River Municipal Utilities of Elk River, Minnesota("ERMU"),
herewith moves to intervene in support of and concur in the filing made in this docket by
Connexus Energy on December 23, 2003 of a revision to Schedule V of Connexus
Energy's First Revised Electric Rate Schedule FERC No. 1.
I. COMMUNICATIONS
Communications regarding this matter should be addressed to:
Bryan C.Adams, P.E. Robert C. McDiarmid
General Manager Thomas C. Trauger
Elk River Municipal Utilities SPIEGEL& MCDIARMID
322 King Avenue 1333 New Hampshire Ave.,NW
Elk River, Minnesota 553301 Suite 200
Washington, D.C. 200362
H. ERMU SUPPORTS THE FILING
ERMU, a municipal entity of the State of Minnesota. concurs with and supports
the filing of the amendment to Schedule V. ERMU understands that the Revised
Schedule V simply passes through rate changes to be implemented by Connexus
'E-mail:bryada@nsatel.net.
2 E-mail: robert.mcdiarmid @spiegelmcd.com;thomas.trauger@spiegelmcd.com.
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Energy's supplier, Great River Energy. Therefore, ERMU expects to continue to avail
itself of the option, described at Original Sheet No. 2 of the Connexus Energy Revised
Electric Rate Schedule FERC No. 1, to receive up to five percent of its greatest amount
of measured demand in electric power and associated energy from another source or from
Connexus under different terms. ERNIU plans to pay the changed rate as of January 1,
2003, and supports the request for a waiver. ERMU is the only other party to these
agreements, no other party can protect its interest, and its intervention is clearly in the
public interest.
ERMU notes that the successive revisions to the GRE rate schedules which are
incorporated as Connexus rate schedules to ERMU have now gotten to the point where
they are potentially ambiguous because of the fact that they were originally designed to
cover the relationship between GRE and its members, including Connexus. In this
connection, several of the rate schedules refer to services provided to a"member," and at
least one of the rate schedules now (e.g., Special Rate Rider 1)require that retail loads
obtain their power from members("Customer's qualifying load must receive all power
from a GRE Member cooperative"). The basic idea behind the agreement between
ERMU and Connexus is that ERMU will be treated as if it were a GRE Member
cooperative (with the single exception of Capital Credits dealt with in Schedule V,
paragraph E) insofar as ERMU service from Connexus is concerned.
ERMU and Connexus agree (and we are authorized to make this representation by
counsel for Connexus)that the Large Load, High Load Factor Rate in Special Rate Rider
T will be available to ERMU, such that Connexus will offer the benefits of that rate to
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ERMU to pass along to ERMU's retail customers who receive all their power from
ERMU.
CONCLUSION
For the foregoing reasons,the Commission should permit Elk River to intervene
and permit the filing by Connexus to become effective as requested.
Respectfully submitted,
/s/Robert C. McDiarmid
Robert C. McDiarmid
Thomas C. Trauger
Attorney for
Elk River Municipal Utilities
Law Offices of:
Spiegel & McDiarmid
1333 New Hampshire Avenue,NW
Washington, DC 20036
(202) 879-4000
January 12, 2004
CERTIFICATE OF SERVICE
I hereby certify that I have on this 12th day of January, 2004, caused the
foregoing document to be sent by first-class mail to all parties on the list compiled by the
Secretary of the Commission in this proceeding.
/s/Robert C. McDiarmid
Robert C. McDiarmid
Law Offices of:
Spiegel & McDiannid
1333 New Hampshire Avenue,NW
Washington, DC 20036
(202) 879-4000