City of Breckenridge, MN
Wilkin County
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[HISTORY: Adopted by the Council of the City of Breckenridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public utilities — See Charter, Art. VII.
Electrical regulations — See § 64-1.1.
[Adopted 7-20-2009 by Ord. No. 471]
A. 
The Federal Energy Regulatory Commission has issued Order No. 719, 125 FERC Paragraph 61,071, 73 Fed. Reg. 64,099 (October 28, 2008).
B. 
Pursuant to Order No. 719, 18 C.F.R. 35.28(g)(1)(iii) provides: "Each Commission-approved independent system operator and regional transmission organization must permit a qualified aggregator of retail customers to bid demand response on behalf of retail customers directly into the Commission-approved independent system operator's or regional transmission organization's organized markets, unless the laws and regulations of the relevant electric retail regulatory authority expressly do not permit a retail customer to participate."
C. 
Pursuant to Order No. 719, 18 C.F.R. 35.28(g)(1)(i)(A) provides: "Every Commission-approved independent system operator or regional transmission organization that operates organized markets based on competitive bidding for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) must accept bids from demand response resources in these markets for that product on a basis comparable to any other resources, if the demand response resource meets the necessary technical requirements under the tariff, and submits a bid under the Commission-approved independent system operator's or regional transmission organization's bidding rules at or below the market-clearing price, unless not permitted by the laws or regulations of the relevant electric retail regulatory authority."
D. 
Pursuant to the Breckenridge City Charter and Minnesota State Statutes, the City of Breckenridge is authorized to enact the regulations governing the provision of electric power to retail customers served by the Breckenridge Public Utilities.
E. 
The Breckenridge Public Utilities of the City of Breckenridge has determined that it would be harmful to the demand response in the Breckenridge Pubic Utilities, and the collective interests of the Breckenridge Public Utilities as a load-serving entity with an obligation to serve at retail, and the Breckenridge Public Utilities' retail customers to permit any entity other than the Breckenridge Public Utilities itself or its authorized designee to aggregate demand response on behalf of its retail customers.
F. 
The Breckenridge Public Utilities of the City of Breckenridge, as the electric retail regulatory authority for the City of Breckenridge, has determined it to be desirable that the aggregations of demand response on behalf of retail customers served by the Breckenridge Public Utilities to be bid directly into the organized electric and ancillary services markets administered by the Midwest Independent Transmission System Operator (MISO) (or any successor independent system operator or regional transmission organization to which the Breckenridge Public Utilities or Missouri River Energy Services and/or Western Minnesota Power Agency is a participant) be performed by the Breckenridge Public Utilities or its authorized designee; the following amendments to the Code of the City of Breckenridge are hereby adopted.
A. 
The Breckenridge Public Utilities or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the Breckenridge Public Utilities directly into any Commission-approved independent system operator's or regional transmission organization's organized electric markets.
B. 
Retail customers served by the Breckenridge Public Utilities wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so by participating in the program established by the Breckenridge Public Utilities or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorizations of the Breckenridge Public Utilities.
A. 
The Breckenridge Public Utilities or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the Breckenridge Public Utilities directly into any Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff).
B. 
Retail customers served by the Breckenridge Public Utilities wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) may do so by participating in the program established by the Breckenridge Public Utilities or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Breckenridge Public Utilities.
This article shall take effect in accord with law.