[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.
