PUPRA Standards

NOTICE OF PUBLIC HEARING

The Utility Board of the City of Key West, Florida (KEYS) hereby gives public notice regarding its compliance with the directives in the 2021 Infrastructure Investment and Jobs Act (IIJAIIJA), which amended the Public Utilities Regulatory Policies Act of 1978 (PURPA). The IIJA established new standards under Section 111(d) of PURPA, which each non-regulated electric utility (such as KEYS) is required to consider and “make a determination whether it is appropriate to implement such standard[s]” within certain defined timelines based on evidence collected pursuant to public notice and hearing.

The two new PURPA standards defined by the IIJA which KEYS will consider are set forth below. A copy of the statute containing these standards is posted on KEYS website at www.KEYS.com/purpa-standards/. The “Eligible Participants” in the KEYS’ PURPA Consideration and Hearing Process consist of any and all active KEYS customers and interested members of the general public. If any Eligible Participant is not able to access KEYS’ website and desires a copy of the statute, that Eligible Participant should contact KEYS: (a) by phone: 305-295-1020; (b) by U.S. Mail: at PO BOX 6100, Key West, FLORIDA 33040; or (d) by email: at PURPA2023@keysenergy.com, and a copy will be provided at cost.  The two new PURPA Standards are summarized below:

1. Demand-Response Practices.

• (A) In general. Each electric utility shall promote the use of demand-response and demand-flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
• (B) Rate Recovery. A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).

2. Electric Vehicle Charging Programs. Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that:  

• (A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
• (B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
• (C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
• (D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.

In order for KEYS to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether it is appropriate to implement such standards, KEYS will follow the procedural schedule set forth below (each component of which is more fully addressed in the ensuing portion of this Notice):

Parties who wish to participate must meet the following schedule:

(1) July 17, 2023 – The position statement of Keys Energy staff, as well as all documentation in support thereof, shall be made available to the general public.

(2) July 26, 2023 – Members of the general public planning to intervene and participate in the Hearing must file a Notice of Intent to Participate (available at www.KEYS.com/purpa-standards in a Public Hearing) by this date. File by completing the form and emailing it to PURPA2023@keysenergy.com.

(3) July 31, 2023 – Public participants must file written testimony or any other information in support of or in opposition to the adoption of PURPA Standards with the General Manager’s office by this date (preferred by e-mail to PURPA2023@keysenergy.com).

(4) August 9, 2023 – A public hearing shall be held during a special meeting of the Utility Board of the City of Key West, Florida.

(5) October 13, 2023 – The General Manager shall issue a Recommended Decision for consideration at the October 18, 2023, regularly scheduled meeting of the Utility Board of the City of Key West, Florida.

(6) October 18, 2023 – The Utility Board shall adopt, modify or reject the Recommended Decision for each new PURPA Standard at the regularly scheduled meeting of the Utility Board of the City of Key West, Florida.

(7) October 27, 2023 – The final determination will be posted on KEYS website at www.keysenergy.com/purpa-standards

Should any change occur in the above schedule, it will be posted on KEYS website at www.keysenergy.com/purpa-standards

Notice.  This Notice is being posted at  KEYS offices and on its website. Any Eligible Participant may obtain at cost, a copy of the statute incorporating changes from the IIJA at the KEYS offices following the procedures explained above.

Initial Written Comments.  These comments (if possible) should be typed (double-spaced) and paginated, with appropriate headings so that the reader will know with specificity which of the two standards is being addressed.  The comments should identify the full name of the Eligible Participant along with the address, telephone number, and (if available) the email address of the Eligible Participant.  Comments may be submitted to KEYS by U.S. Mail to its office at PO Box 6100 Attn: PURPA, Key West, FL 33040 or by email to PURPA2023@keysenergy.com.  KEYS will post all qualified comments submitted by Eligible Participants on its website and will make copies of comments available at cost, to any Eligible Participant who requests a copy.

Reply Comments.  The purpose of reply comments (which should conform to the format described above for initial written comments) is solely to respond to points made in another person’s initial comments; therefore, it is important that the person submitting reply comments identify with specificity the initial comment(s) to which it is responding and the points (preferably with page references) in the initial comments which it is addressing.  The filing instructions described above for initial comments should be followed for reply comments.  KEYS will post all qualified reply comments on its website and will make copies of the reply comments available at cost to any Eligible Participant that requests a copy.

Notice of Intent to Participate in Public Hearing.  Any Eligible Participant that intends to participate in the Public Hearing is requested to notify KEYS in writing (either by mail at KEYS office address noted above or by email at the email address noted above).  The notification should indicate at least the following: (i) the name and address of the person requesting to participate; (ii) whether the person filed initial and/or reply comments; (iii) whether the person desires to make an oral presentation and if so, the anticipated length; and (iv) whether any special accommodations need to be made for the presenter.

Public Hearing.  The hearing will be held in the Utility Board Room at 1001 James Street, Key West, FL 33040.  The purpose of the hearing is to collect evidence in addition to that contained within the written comments: a person need not participate in the hearing for his/her written comments to be considered.  Minutes of the proceeding will be made and will be posted on KEYS website.

The Determination Announcement.  The Determination Announcement to be made by KEYS as to whether it is appropriate to implement either or both of the two standards will be in writing, will be based on findings supported by the evidence of written record, will be posted on KEYS website and will be made available for any Eligible Participant at cost.

We urge persons interested in this matter to contact us with any questions as to any of the items discussed above.  Thank you in advance for your interest.