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    UD-19-01: Establishing A Docket And Opening A Rulemaking Proceeding To Establish Renewable Portfolio Standards

    Council Docket UD-19-01, established via Resolution R-19-109, is a rulemaking proceeding to establish a renewable portfolio standard (“RPS”) for the City of New Orleans.  The RPS requires Entergy New Orleans (“ENO”) to use a certain amount of energy from renewable sources (e.g. solar, wind, biomass) in its resource portfolio.  This proceeding is consistent with the Council’s expressed support for the efficient use of clean, sustainable technology to improve the quality of life for citizens and businesses.

    The Council solicited feedback on the following key questions:

    (1) What would an appropriate RPS target for New Orleans be, and should it be a requirement or a goal?

    (2) How should a New Orleans’ RPS target be satisfied?

    (3) How should the RPS standard be enforced, should the Council consider a penalty or Alternative Compliance Payment structure?

    (4) What protections should be put in place to protect ratepayers from unreasonable increases in rates due to RPS?

    Pertinent docket deadline dates are/were as follows:

    • May 1, 2019 – All interested persons that wished to intervene in this docket filed motions to intervene with the Clerk of Council with objections to intervention requests filed within five days of such requests; 
       
    • June 3, 2019 – Comments from all parties regarding the establishment of a Renewable Portfolio Standard due; July 15, 2019 – Reply comments from all parties regarding the establishment of a Renewable Portfolio Standard due;
       
    • September 2, 2019 – An Advisors’ Report responding to the parties’ comments, reply comments, as well as an Advisors’ recommendations due;
       
    • October 15, 2019 – Comments regarding the draft RPS due; 
       
    • November 19, 2019 – Reply comments regarding the draft RPS due; 
       
    • February 2020 – The Renewable Portfolio Standard docket filings were review by the Council. The Council anticipated issuing guidance to the parties as to the type of Renewable Portfolio Standard it wished to adopt and set further proceedings to allow the parties to have input into the development of regulations that implements the Council’s desired standards;
       

    RENEWABLE AND CLEAN PORTFOLIO STANDARD

    • March 12, 2020 – The Utility, Cable, Telecommunications, and Technology Committee (“UCTTC”) recommended to the full Council a Renewable Portfolio Standard incorporating a Renewable and Clean Portfolio Standard (“RCPS”). 
       
    • April 15, 2020 – The Council adopted a Renewable and Clean Portfolio Standard (“RCPS”) via Resolution R-20-104 (Resolution and Order Providing the Council’s Guidance Regarding the Development of Renewable Portfolio Standards and Establishing a New Procedural Schedule).
       

    Pertinent RCPS docket deadline dates for are/were as follows:

    • June 5, 2020 – Council Advisors convened a public technical conference with the parties to discuss modifications to the Alternative 2 model (“RCPS”) contained in the Advisors’ Report necessary to comply with the Council’s directions herein; 
       
    • July 6, 2020 – Deadline for Advisors to circulate to the parties a revised version of the draft regulations to implement a Renewable and Clean Portfolio Standard, which shall include (1) a mandatory requirement that ENO achieve 100% net zero emissions by 2040; (2) reliance on RECs purchased without the associated energy for compliance with the standard being phased out over the ten-year period from 2040-2050; (3) ENO has no carbon-emitting resources in the portfolio of resources it uses to serve New Orleans by 2050; and (4) a mechanism to limit costs in any one plan year to no more than one percent (1%) of plan year total utility retail sales revenues; 
       
    • July 29, 2020 – Council Advisors convened a second public technical conference among the parties to discuss the draft regulations to implement a Renewable and Clean Portfolio Standard;
       
    • August 28, 2020 – Deadline for the Advisors to submit draft regulations implementing the Renewable and Clean Portfolio Standard to the Council for its consideration; 
       
    • September 28, 2020 – Deadline for Parties to submit any comments to Council; 
       
    • October 13, 2020 – Deadline for Parties to submit reply comments; 
       
    • December 10, 2020 – Anticipated deadline date the Renewable and Clean Portfolio Standard regulations to be placed on the UCTTC Agenda; 
       
    • March 25, 2021 – City Council adopted Resolution R-19-109 establishing a 30-day comment period on (1) the removal of the carbon dioxide capture and storage (CCS) and carbon capture, utilization, and storage (CCUS) technologies on generating resources and beneficial electrification as eligible methods for compliance with the RCPS and (2) the revised tier system per the proposed Renewable and Clean Portfolio Standard Regulations. 
       
    • April 25, 2021 – Deadline for all parties to submit comments on (1) the removal of the carbon dioxide capture and storage (CCS) and carbon capture, utilization, and storage (CCUS) technologies on generating resources and beneficial electrification as eligible methods for compliance with the RCPS and (2) the revised tier system per the proposed Renewable and Clean Portfolio Standard Regulations per Resolution R-19-109.
       
    • May 20, 2021 – Council adopted Resolution R-21-182 establishing the City of New Orleans’ Renewable and Clean Portfolio Standard. ENO shall develop a three-year RCPS Compliance Plan every three years upon the conclusion of ENO’s Triennial Integrated Resource Plan (“IRP”) analysis (which is filed with the Council and served upon both parties to the relevant IRP docket and the parties to Docket No. UD-19-01 with the opportunity for stakeholder comment prior to the Council’s review).  The current Interim RCPS Compliance Plan is authorized through December 31, 2022.
       
    • November 8, 2021 – Deadline for all parties to submit comments on ENO’s August 18, 2021 Initial RCPS Compliance Plan Covering Compliance Year 2022.
       
    • March 24, 2022 – Council adopted Resolution R-22-145 approving ENO’s Initial Compliance Plan as part of the RCPS.
       
    • August 19, 2022 – ENO submitted its Entergy New Orleans, LLC’s RCPS Compliance Plan Covering Compliance Years 2023 – 2025 (“RCPS Compliance Plan”).
       
    • September 1, 2022 – Council adopted Resolution R-22-392 establishing a procedural schedule regarding ENO’s RCPS Compliance Plan Covering Compliance Years 2023 – 2025 (“PY 13-15”).
       
    • September 19, 2022 – Comments on the RCPS Compliance Plan due.
       
    • October 12, 2022 – Responsive Comments on ENO’s RCPS Compliance Plan Covering the Years 2023 – 2025 due.
       
    • December 15, 2022 – The Council adopted Resolution R-22-525, granting modified approval of ENO’s RCPS Compliance Plan
      • (a) approving ENO’s proposal to purchase unbundled Renewable Energy Credits (“RECS”) as needed to achieve compliance with the RCPS;
      • (b) denying ENO’s request to treat Sewerage and Water Board’s new 230kV Sullivan Substation Electrification as a Qualified Measure;
      • (c) approving ENO’s request to establish the Alternative Compliance Payment (“ACP”) for 2023-2025 at 8.45/MWh;
      • (d) approving the Tier 3 credit calculations for the electric vehicle charging infrastructure (“EVCI”); and 
      • (e) denying ENO’s request for Tier 3 credit calculations for Sewerage and Water Board substation electrification.