in the matter of the application for a certificate ...€¦ · application for a certificate of...

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1 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. SP-4840, SUB 11 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF SUNSTONE ENERGY, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY ) ) ) ) ) ) ) ) ) ) APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY (SIMMONS FARM) Sunstone Energy, LLC (“Sunstone” of the “Applicant), through counsel, hereby applies to the North Carolina Utilities Commission (the Commission) pursuant to N.C.G.S. §62-110.1 and Commission Rule R8-64 for a certificate of Public Convenience and Necessity authorizing construction of a 5 megawatt (MW) solar facility (the Facility) to be located in Wayne County. The applicant also submits its Registration as a New Renewable Energy Facility pursuant to Commission rule R8-66.0 APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY In support of its application, Sunstone shows the Commission as follows: THE APPLICANT (i) The Applicant’s full and correct name, business address, and business telephone number are: Sunstone Energy, LLC 1029 S. Chestnut Street Henderson, North Carolina, 27536 (252)425-3143 The electronic mailing address for purposes of this filing is: [email protected].

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Page 1: IN THE MATTER OF THE APPLICATION FOR A CERTIFICATE ...€¦ · APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY In support of its application, Sunstone shows the

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STATE OF NORTH CAROLINA

UTILITIES COMMISSION RALEIGH

DOCKET NO. SP-4840, SUB 11

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF SUNSTONE ENERGY, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY

)) ) ) ) ) ) ) ) )

APPLICATION FOR A CERTIFICATE

OF PUBLIC CONVENIENCE AND NECESSITY AND REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY

(SIMMONS FARM)

Sunstone Energy, LLC (“Sunstone” of the “Applicant), through counsel, hereby applies

to the North Carolina Utilities Commission (the Commission) pursuant to N.C.G.S. §62-110.1

and Commission Rule R8-64 for a certificate of Public Convenience and Necessity authorizing

construction of a 5 megawatt (MW) solar facility (the Facility) to be located in Wayne County.

The applicant also submits its Registration as a New Renewable Energy Facility pursuant to

Commission rule R8-66.0

APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND

NECESSITY

In support of its application, Sunstone shows the Commission as follows:

THE APPLICANT

(i) The Applicant’s full and correct name, business address, and business telephone

number are:

Sunstone Energy, LLC 1029 S. Chestnut Street Henderson, North Carolina, 27536 (252)425-3143

The electronic mailing address for purposes of this filing is: [email protected].

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(ii) Sunstone is a North Carolina Limited Liability Company with its principal place

of business in Garner, NC. Sunstone was formed August 22, 2014. William Clayton is duly

authorized to act as a corporate agent for the purposes of this application. Correspondence,

documents, and filing regarding this application should be sent as follows:

William Clayton Sunstone Energy, LLC 1029 S. Chestnut Street Henderson, North Carolina, 27536 (252)425-3143 [email protected]

with copies to:

Ta-Letta Bryant The Law Office of T Y Bryant, PLLC P O Box 18175 Raleigh NC 27619 [email protected]

(iii) The Facility will be a 5 MW photovoltaic (PV) array. The source of its power is

solar energy.

(iv) The Facility will be located 351 Piedmont Airline Road, Wayne County,

Goldsboro, North Carolina 27534. Location of generating facility set forth in terms of local

highways, streets, river, streams, or other generally known landmarks together with a map is

included as Application Exhibit 1.

a. All major equipment, including the generator, fuel handling equipment, plant distribution system and start up equipment.

b. The site boundary in Blue; and

c. Planned and existing pipelines, planned existing roads, planned and existing water supplies, and planned and existing electric facilities:

i. Panels: Renesola 300W(*) ii. Inverters: PowerOne Ultra 1100-TL-OUT-2-05-690 (*)

iii. Racking: Array Technologies DuraTrack HZ (*)

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(*) Final equipment selection will be the above or equivalent and based on consultation with Duke

Energy. • No existing or planned pipelines. • No existing or planned roads on site, however a gravel entrance is

planned to access the site. • No existing or planned water supplies on site, other than drainage

ditches. • There are no existing electric facilities onsite.

d. The ownership of the site and 1 if the owner is other than the applicant, the

applicant’s interest in the site. The site is owned by Sunstone Energy, LLC

also the applicant.

e. A description of the buildings, structures and equipment comprising the

generating facility and the manner of its operation.

i. The structure of the solar installation will consist of ground mounted fixed position solar panels mounted to a racking system. Electrical wires will attach to inverters that will be interconnected with the utility’s distribution line.

ii. A security fence will surround the solar installation. The system will consist of approximately 27,000 PV modules and will utilize three (3) 1.5MW inverters (or equivalent) and will be interconnected to the grid operated by Duke. The entire project will be fenced.

(v) The maximum gross power production capacity of the Facility will be 5 MW and

the projected maximum net power production capacity is 4.975 MW. Solar is an intermittent

energy source, and therefore, the maximum dependable capacity is 0 MW.

(vi) The projected cost of the Facility is being provided under seal as Application

Exhibit 2 because it constitutes confidential and proprietary information within the scope of

N.C.G.S. 132-1.2.

(vii) The Facility is projected to come online in July, 2015 (within six months of

application approval.

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(viii) Electricity generated by the Facility will be sold to Duke under a 30 year power

purchase agreement subject to the rate schedule CSP-29(NC). The service life of the equipment

is expected to be a minimum of 20 years. The projected one year annual sales of the Facility are

filed under seal as Application Exhibit 2 because it constitutes confidential and proprietary

information within the scope of N.C.G.S. §132-1.2. Sunstone will produce renewable energy

certificates that are eligible for compliance with North Carolina’s renewable energy and energy

portfolio standard.

(ix) Sunstone will file for self-certification as a Qualifying Facility (QF) under the

Federal Energy Regulatory Commission. Sunstone anticipates needing a soil and erosion control

permit from the Department of Environment and Natural Resources. Sunstone will file any state

or federal licenses, permits or exemptions obtained for the Facility once they are received. The

Facility has no portable water needs.

REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY

In support of its registration as a new Renewable Energy Facility pursuant to R8-66, the

Applicant states the following:

1. The Applicant incorporates by reference each of the foregoing sections, including

all subsections, in support of its Registration as a New Renewable Energy Facility.

2. The Applicant will read the energy production meter for the purpose of REC

issuance.

3. The Applicant anticipates participating in the North Carolina Renewable Energy

Tracking System.

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4. The Applicant certifies that it is in substantial compliance with all federal and

state laws, regulations and rules for the protection of the environment and conservation of natural

resources.

5. The Applicant certifies that the Facility satisfies the requirements of N.C.G.S. §

62-133.8(a)(5) as a new renewable energy facility and will continue to be operates as a new

renewable energy facility.

6. The Applicant certifies that any renewable energy certificates (whether or not

bundled with electric power) sold to an electric power supplier to comply with N.C.G.S. § 62-

133.8 have not, and will not, be remarketed or otherwise resold for any other purpose, including

another renewable energy portfolio standard or voluntary purchase of renewable energy

certificates in North Carolina or any other state or country, and that the electric power associated

with the certificates will not be offered or sold with any representation that the power is bundled

with renewable energy certificates.

7. The Applicant certificates that it consents to the auditing of its books and records

by the Public Staff in so far as those records relate to transaction with North Carolina electric

power suppliers and agree to provide the Public Staff and the Commission access to those books

and records, wherever they are located, and access to the Facility.

WHEREFORE, SUNSTONE ENERGY, LLC respectfully request that the Commission

(i) issue a Certificate of Public Convenience and Necessity pursuant to

N.C.G.S. § 62-110.1 and Commission Rule R8-64 for the Facility, as more specifically described

herein; and

(ii) accept the Registration of the Facility as a New Renewable Energy

Facility pursuant to N.C.G.S. § 133.8 and Commission Rule R8-66.

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Respectfully submitted this the 31st day of December, 2014.

__________________________________ By: Ta-Letta Bryant The Law Office of T Y Bryant, PLLC Post Office Box 18175 Raleigh, North Carolina 27619 Telephone: (919) 539-5726 NC State Bar No. 32608

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STATE OF NORTH CAROLINA

UTILITIES COMMISSION RALEIGH

DOCKET NO. SP-4840, SUB 11

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF SUNSTONE ENERGY, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND REGISTRATION AS A NEW RENEWABLE ENERGY FACILITY

)) ) ) ) ) ) ) ) )

VERIFICATION

I, William Clayton, being duly sworn, do hereby declare that I am duly authorized to act

on behalf of the Applicant, that I am familiar with the facts, have read the foregoing Application

and Registration Statement, and, to my personal knowledge, the matter and statements contained

therein are in compliance with North Carolina Utilities Commission Rules R8-64 and R8-66 and

are true to the best of my knowledge.

This the 31st day of December, 2014.

____________________________ William Clayton Sunstone Energy, LLC

Sworn and subscribed to before me this the 31st day of December, 2014.

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Ta-Letta
Text Box
APPLICATION EXHIBIT 1
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Application to Register a Renewable Energy Facility or New Renewable Energy Facility Pursuant to Rule R8-66 (Applicants should consult Rule R8-66 while completing this form in order to ensure they provide sufficient information.) Facility name:

Full and correct name of the owner of the facility:

Business address:

Electronic mailing address:

Telephone number:

Owner’s agent for purposes of this application, if applicable:

Agent’s business address:

Agent’s electronic mailing address:

Agent’s telephone number:

The owner is:

Individual Partnership Corporation

(including LLC) If a corporation, state and date of incorporation.

State __________ Date __________________

Note: Please complete the form, print it, have it signed, notarized, make 15 copies and send them to the Chief Clerk of the Commission. Be sure to print a copy for your records as you cannot save data onto the form, nor can you file it online. Be sure to attach additional information, such as maps, as required.

SIMMONS FARM

1029 S. CHESTNUT STREETHENDERSON NC 27536

SUNSTONE ENERGY, LLC

[email protected]

(252)425-3143

WILLIAM CLAYTON

1029 S. CHESTNUT STREETHENDERSON NC 27536

[email protected]

(252)425-3143

SUNSTONE ENERGY,LLC ✔

NC 08-22-2014

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If a corporation that is incorporated outside of North Carolina, is it domesticated in North Carolina?

Yes No

If a partnership, the name and business address of each general partner. (Add additional sheets if necessary.)

Nature of the renewable energy facility:

1. Describe the facility, including its technology, and the source of its power and fuel(s). Thermal facilities should describe how its host uses the facility’s thermal energy output. (Add additional sheets if necessary.)

2. Whether it produces electricity, useful thermal energy, or both.

3. Nameplate capacity in kW/MW (AC) and/or maximum Btu per hour for thermal facilities.

N/A

5 MEGAWATT SOLAR PHOTOVOLATIC ELECTRICGENERATED FACILITY

ELECTRICITY ONLY

5 MEGAWATT

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The location of the facility set forth in terms of local highways, streets, rivers, streams, or other generally known local landmarks. Attach a map, such as a county road map, with the location indicated on the map.

Site ownership:

1. Is the site owner other than the facility owner? If yes, who is the site owner?

2. What is the facility owner’s legal interest in the site?

List the approvals that are required to build and/or operate this facility, and attach copies of those that have been obtained. Wind facilities with multiple turbines, where each turbine is licensed separately, may provide copies of approvals for one such turbine but shall add an attestation that approvals for all of the turbines are available for inspection. 1. Federal permits and licenses:

2. State permits and licenses:

3. Exemptions required for construction and operation of the facility:

4. Statement of whether each has been obtained or applied for (attach copy of those that have been obtained with this application):

351 Piedmont Airline Road, Wayne County,Goldsboro, North Carolina 27534

NO

OWNER AND SITE ARE CONSIDERED TO BE ONEAND THE SAME.

THE SEDIMENTATION POPULATION CONTROLACT OF 1973

TITLE 15A, SUBCH2C0100:NOTIFICATION OF THE PROPER REGIONAL OFFICE IS REQUESTED IF ORPHANUNDERGORUND STORAGE TANKS ARE DISCOVERED DURING EXCAVATIONOPERATION.

N/A

ALL PERMITS WILL BE OBTAINED BEFORECONSTRUCTION AND PRIOR TO THE FINAL GRIDTIE IN.

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If the facility has been placed into service, on what date did the facility begin operating?

If the facility is not yet operating, on what date is the facility projected to be placed into service?

If the facility is already operating, what is the amount of energy produced by the facility, net of station use, for the most recent 12-month or calendar-year period? Energy production data for a shorter time period is acceptable for facilities that have not yet operated for a full year.

What entity does (or will) read the facility’s energy production meter(s) for the purpose of issuing renewable energy certificates?

For thermal energy facilities, describe the method to be used to determine the facility’s thermal energy production, in BTUs, that is eligible for REC issuance.

Does the facility participate in a REC tracking system and if so, which one? If not, which tracking system will the facility participate in for the purpose of REC issuance?

THE FACILITY IS NOT IN SERVICE AT THIS TIME

THE FACILITY WILL BE COMPLETED FOURMONTHS AFTER CONSTRUCTION STARTED.

THE FACILITY IS NOT IN SERVICE AT THIS TIME

DUKE ENERGY

N/A

REGISTERED WITH NC-RETS

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If this facility has already beenthe subject of a proceeding or submittal before the Commission, such as a Report of Proposed Construction or a Certificate of Public Convenience and Necessity, please provide the Commission Docket Number, if available.

N/A

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1. r7 Yes I No

The owner of the renewable energy facility shall provide the following attestations, signedand notarized:

I certify that the facility is in substantial compliance with allfederal and state laws, regulations, and rules for the protectionof the environment and conservation of natural resources.

2. f7 Yes I No I certify that the facility satisfies the requirements of8.S. 62-133.8(a)(5) or (7) as a:I .renewable energy facility, orI new renewable energy facility,and that the facility will be operated as a:I renewable energy facility, orI new renewable energy facility.

3.17 Yes INo

4.17 Yes I No

5·17 Yes I No

6·17 Yes INo

I certify that 1) my organization is not simultaneously undercontract with NC 8reenPower to sell our RECs emanating fromthe same electricity production being tracked in NC-RETS; and2) any renewable energy certificates (whether or not bundled withelectric power) sold to an electric power supplier to comply with8.S. 62-133.8 have not, and will not, be remarketed or otherwiseresold for any other purpose, including another renewable energyportfolio standard or voluntary purchase of renewable energycertificates in North Carolina (such as NC 8reenPower) or anyother state or country, and that the electric power associated withthe certificates will not be offered or sold with any representationthat the power is bundled with renewable energy certificates.

I certify that I consent to the auditing of my organization's booksand records by the Public Staff insofar as those records relate totransactions with North Carolina electric power suppliers, andagree to provide the Public Staff and the Commission access toour books and records, wherever they are located, and to thefacility.

I certify that the information provided is true and correct for all yearsthat the facility has earned RECs for compliance with 8.S. 62-133.8.

I certify that I arn the owner of the renewable energy facility oram duly authorized to act on behalf of the owner for the purpose

f this filing.

(Title)

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VERIFICATION

STATE OF 1fu:lli Can \\l1.J) COUNTY OF _W=~'------ _\ri 1\ , Urn, personally appeared before me this day and,

being first duly sworn, sa s that the facts stated in the foregoing application and anyexhibits, documents, and statements thereto attached are true as he or she believes.

WITNESS my hand and notarial seal, this~ day of J)el®VeY ,20B.

• -' SHANEKA MONTAGUENotary Public, North Carolina

Wake CountyMy Commission Expires

July 16, 2017 My Commission Expires: D7/ ~----,--7_

~ur~-:-b::-liC----

1bMttK-t1 Yv\on~\i~Name of Notary Public - Typed«Printed

The name of the person who completes and signs the application must be typed orprinted by the notary in the space provided in the verification. The notary's name mustbe typed or printed below the notary's seal. This original verification must be affixed tothe original application, and a copy of this verification must be affixed to each of the15 copies that are also submitted to the Commission.

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