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    UD-18-01 (Electric Vehicles) (formerly , UD-18-02): Electric Vehicles Charging And Related Regulatory Issues

    Council Docket UD-18-01 (“Smart Cities”), established via Resolution R-18-36, considers highly-integrated technology services and systems to maximize technology for the benefit of the City of New Orleans’ residents and businesses.  The cornerstone of a Smart Cities initiative is the modernization of the electric grid and its integrations with other technologies.  In addition to electric grid modernization, Smart Cities also incorporate advance telecommunications and Wi-Fi technology, high speed data services, advanced mobile applications, interactive communications with utility providers, and advanced public safety technology.  On December 20, 2018, the Council adopted Resolution R-18-536 establishing a procedural schedule in the Smart Cities docket and merging docket UD-18-02 (Electric Vehicles) with Docket UD-18-01 (Smart Cities).

    Pertinent docket deadline dates were/are as follows:  

    Grid Modernization:  

    • April 10, 2018 – Entergy New Orleans, LLC (“ENO”) filed its Grid Modernization and Smart Cities Report per Resolution R-18-36
       
    • February 18, 2019 – Advisors filed their Roadmap to Develop a Master Plan for a Smart and Sustainable New Orleans: Innovation, Integration, Equity, and Sustainability” including a “Proposed Procedural Schedule for Developing the Roadmap for a Master Plan for a Smart and Stainable New Orleans: Draft Smart Audit Procedure per Resolution R-18-536
       
    • April 19, 2019 – Comment period deadline for Intervenors on ENO’s Grid Modernization Report relative to the Smart Cities initiative, its Audit Proposal, and/or on other aspects of technology integration into the grid that would be consistent with the Smart Cities initiative, including community benefits. 
       
    • September 16, 2019 – Advisors Report and Smart Audit filed (per Resolution R-18-536).  The Advisors’ Report included their plan for achieving electric grid modernization and the stated goals of the Smart City initiative, including a draft “Smart Audit” (“Audit”) procedure that would be integrated into the Smart Cities initiative as an initial stage to help determine the path for the initiative as a means to maximize and enhance the economic welfare of the City.  
       
    • January 14, 2020 – Deadline for a public comment process to be established to receive public comments at two public meetings on ENO’s grid modernization report relative to the Smart Cities initiative, the Audit proposal, Intervenor comments, and other related matters. 


    Electric Vehicles Charging Infrastructure:

    ​Council Docket UD-18-02, established via Resolution R-18-100, considers matters related to electric vehicles and electric vehicle charging.   In this docket, the Council determined that any person or entity purchasing electricity from ENO or other utility regulated by the New Orleans City Council that furnishes electricity exclusively to charge electric vehicles to or for the public for compensation, is not deemed a “utility” or “public utility”, and therefore, is not subject to the Council’s utility regulatory authority. However, these entities are still subject to other regulatory authority of the Council.  Since the Council has found that encouraging the use of electric vehicles is in the public interest and consistent with Council Resolutions Nos. R-17-428 (resolution supporting the Climate Action for a Resilient New Orleans Strategy) and R-17-303 (resolution supporting the Paris Agreement),  the Council Advisors were instructed to file a proposal to implement a process for gathering additional information, including public comment, and develop additional proposed actions deemed necessary, along with a preliminary report.  Accordingly, the Advisors proposed a process within their preliminary report to provide for stakeholder involvement and to receive data and comments on information related to electric vehicles and electric vehicle charging for Council consideration.  On December 20, 2018, the Council adopted Resolution R-18-537 establishing an information gathering schedule in connection with the inquiry into regulatory and related matters concerning electric vehicles and electric vehicle charging stations.  However, to maximize public participation in this information gathering proceeding, the Council deemed it necessary to reset the procedural schedule in Resolution R-19-170 as presented below. 

    Pertinent docket deadline dates are/were as follows:

    •  May 31, 2019 –  Interested parties filed their notice of intent to participate and/or file public comments with the Council; 
       
    • June 28, 2019 – Participants filed a list of proposed relevant issues with the Council; 
       
    • July 26, 2019 –  The Advisors filed and distributed to all participants a proposed list of issues to be addressed; 
       
    • August 23, 2019 – Deadline for the Advisors to convene the first technical conference for participants to develop a consensus list of issues; 
       
    • September 13, 2019 – The Advisors filed consensus list of issues due; 
       
    • October 11, 2019 – Participants filed comments with the Council regarding the proposed consensus list of issues due; 
       
    • November 7, 2019 – Council adopted R-19-457 (Revised Application of Entergy New Orleans, LLC for a Change in Electric and Gas Rates Pursuant to Council Resolutions R-15-194 and R-17-504 and for Related Relief) – In R-19-457, the Council approved ENO’s efforts to expand access to Electric Vehicle Charging Infrastructure (“EVCI”) in the City of New Orleans – a service in which ENO will provide electric  vehicles (“EV”0 chargers to non-residential customers for their use and an investment by ENO in free-to-use EV chargers located on public property.  
       
    • November 8, 2019 – Advisors comments to the Council due; 
       
    • January 16, 2020 – Deadline for the Advisors to convene the second technical conference and a separate public meeting; 
       
    • February 28, 2020 – A supplemental technical conference was conducted to discuss follow-up topics relative to various aspects of the ENO’s Public EV Charging Infrastructure Pilot Project;    
       
    • April 1, 2020 –  The Council Utility Advisors’ Report on Information Gathering in Connection with Regulatory and Related Matters Concerning Electric Vehicles and Electric Vehicle Charging Facilities Pursuant to Resolution No. R-18-537 was filed on April 1, 2020. 
       
    • January 14, 2022 – ENO filed its Request to Modify its Electric Rate Schedules to Expand Access to Electric Vehicle Charging Infrastructure. 
       
    • July 21, 2022 – ENO filed its Request for Approval of Public Direct Current Fast Charging Station Project to Expand Access to Electric Vehicle Charging Infrastructure and Request to Modify its Electric Rate Schedules 
       
    • September 1, 2022 – Council adopted Resolution R-22-393 (Resolution and Order Providing Guidance and Establishing Procedural Deadlines with Respect to Proposed Pubic Direct Fast Charging Station Project.  A rolling discovery period shall commence September 1, 2022;  
       
    • October 3, 2022 – Parties in both UD-18-01 (Smart Cities) and UD-18-07 (2018 Rate Case) may file comments regarding the Request to Modify and the DCFC Station Proposal; 
       
    • October 17, 2022 – Parties reply comments regarding the Request to Modify and the DCFC Station Proposal are due.
       
    • January 23, 2023 – ENO filed its Motion for Delay of Consideration of the Request for Approval of Public Direct Current Fast Charging Station Project and Request to Modify its Electric Rate Schedules (“DCFC Station Request”) due to (1) a material change in circumstances regarding Walmart Supercenter on Bullard Avenue in New Orleans East withdrawing its interests in hosting ENO’s EV charging equipment at any of their locations in New Orleans and (2) to expedite approval of its January 14, 2022 Request to Modify its Electric Rate Schedules to Expand Access to Electric Vehicle Charging Infrastructure in the City of New Orleans (“January EVCI Request”). This filing is concurrently under consideration in Council docket UD-18-07 (2018 Rate Case); 
       
    • February 16, 2023 – The Council of the City of New Orleans granted ENO’s Motion for Delay of Consideration of the Request for Approval of Public Direct Current Fast Charging Station Project and Request to Modify its Electric Rate Schedules per Resolution R-23-75.
       
    • September 7, 2023 - Council adopted R-23-396 Resolution and Order Providing Guidance and Establishing Procedural Deadlines with Respect to Continued Efforts to Encourage Development of Electric Vehicle Charging Infrastructure and Electric Vehicle Adoption;
       
    • October 5, 2023 – Deadline for stakeholders to file motions to intervene;
       
    • October 9, 2023 – ENO shall file an update report with the Council which includes information through June 30, 2023 regarding (1) the status of the $500,000 public charger investment approved in the 2018 Rate Case; (2) status of ENO’s eTech incentives for EVs; (3) Status of EVCI-2 Rider and EVCDA Rider impacts on EV adoptions, charging utilization, cost shifting, and effects on rates; and (4) Status of ENO DCFC Projects;
       
    • November 8, 2023 – CURO convened the first technical conference for the parties and Advisors; 
       
    • November 17, 2023 – Parties shall file preliminary comments;
       
    • December 5, 2023 – CURO convened the second technical conference;
       
    • December 19, 2023 – ENO filed a request to Modify its Electric Rate Schedules and for Approval of Public Charging for Electric Vehicles Rate Schedule to collect an initial charging rate of $0.00 per kWh and an “idle fee” rate of $0.30 per minute to be applied after expiration of a thirty (30) minute grace period;
       
    • January 31, 2024 – Parties shall file final comments per Resolution R-23-396;
       
    • February 16, 2024 – Parties may file reply comments per Resolution R-23-396;
       
    • March 1, 2024 – Advisors shall file a report and recommendations.