Control Number : 45145
Item Number : 1
Pursuant to PUC SUBSTANTIVE RULE § 25
.109
45--1,45
Registration Form for Power GeneK^1^ ^^Companies
and Self-Generators
4
9' 30
U; fw_ a t' l 4 t' t':ivJir:
FPLiNts CLERiS u ^
Part A - Type of Registration
Check only one of the following.
q New self-generator registration
New power generation company registration
q New EWG/PGC
q Amending self-generator registration
q Amending PGC registration
If filing an amendment, check all applicable boxes and fill in only the sections of this form that are applicable to your amendment:
q Name change amendment
q Change in ownership/control
q Registration relinquishment
Registration number:
q Facility/output capacity change
q New generating plant/facility
q Other
Provide an explanation, if necessary:
Part B - Applicable to Registration of Self-Generators
1. Registering PartyLegal name:
Texas business address:
City: ZIP:
Co ntact Info rmati o n (fo r all co m m u n i c a t i o n s ) Name:
Principal place of business:
Title:
Address:
City: State: ZIP:
Email: Phone: Fax:
1. Registering Party
Legal name: PHR Holdings LLC Trade/commercial name: N/A
Texas business address: 6755 Willowbrook Park Drive
City: Houston ZIP: 77066 Principal place of business: Texas
Co ntact Info rmati o n (fo r all c o mmuni cati o ns)
Name: Sean Daichman Title: Vice President
Address: 6755 Willowbrook Park Drive
City: Houston State: TX ZIP: 77066
Email: [email protected] Phone: (281) 864- Fax: (281) 864-9124
9122
3. Names an d types . b usiness of the registering pa rty's co rporate pa rent com pa nies with percentages . ownershi p
Name (press Enter Key for multiple entries) Types of business % of ownership
BTEC New Albany LLC Ownership of PHR Holdings LLC and its 100
assets
4. Descri ptio n of the types of services p r
electricity ovi ded by the regist ering pa rty pertain t o generati o n the .
Sale of wholesale electric power and ancillary services
5. Name an d corpo rate relati o nshi p of each affiliate that b uys an d sells electricity at wh o lesale in Texas,
sells electricity at retail in Texas, . . munici pa lly own ed utility in Texas
Name ( press Enter Key for multiple entries) Corporate relationship
Sabine Cogen, LP affiliate
6. If a pp lica b le, to this . Su pp lemental Info rm atio n, descri bed in the Instructio ns, la bele d "Attachment
AFFIDAVIT
(Must be notarized by a public notary in and for the State of Texas)
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared the undersigned, who, after being duty sworn, stated on his or her oath that he or she is entitled to make this Affidavit, and that the statements contained below and in the foregoing are true and correct.
Check one of the following boxes:
q I am an authorized representative of the registering party, which is a self-generator.
0 I am an authorized representative of the registering party, which is a power generation company and swear that the company:
(A) Generates electricity that is intended to be sold at wholesale;
(B) Does not own a transmission or distribution facility in this state other than an essential interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded from the definition of "electric utility" under PUC SUBSTANTIVE RULE 25.5; and
(C) Does not have a certificated service area.
I swear or affirm that I have personal knowledge of the facts stated in the attached registration, that I am competent to testify to them, and that I have the authority to submit this registration form on behalf of the registering party. I further swear or affirm that all statements made in the registration form are true, correct and complete and that any substantial changes in such information will be provided to the Public Utility Commission of Texas in a timely manner. I swear or affirm that the registering party understands and will comply with all requirements of the applicable law and rules.
V
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Signature of Authorized Representative
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Printed Name
.P+W-Name of Registering Party
Sworn and subscribed before me this^ day of 2
-0K-MARtSQL R WYM M nth Year
MY Commission E>*"
March 22,2017
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Notary Public in and for the State of Texas
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N m N CL ^ ^ U = a d n a 0 0) 00 a ^ -a N v ^UNITED STATES OF AMERICA BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
PHR HOLDINGS LLC ) Docket No. EG15- -000
NOTICE OF SELF-CERTIFICATION OF EXEMPT WHOLESALE GENERATOR STATUS
Pursuant to the Public Utility Holding Company Act of 2005 ("PUHCA 2005")1 and Section 366.7 of the regulations of the Federal Energy Regulatory Commission ("Commission"),2 PHR Holdings LLC ("PHR Holdings") submits this notice of self-certification as an "exempt wholesale generator" ("EWG") within the meaning of Section 366.1 of the Commission's regulations.3
1.
PHR HOLDINGS LLC NAME AND ADDRESS
The full name and address and principal place of business of PHR Holdings LLC is as follows:
PHR Holdings LLC 6755 Willowbrook Park Drive
Houston, TX 77066
42 U.S.C. §§ 16451-16463 (2006). 2 18 C.F.R. § 366.7 (2015).
U.
CORRESPONDENCE AND COMMUNICATIONS
All correspondence and communications concerning the above-captioned proceeding should be addressed to the following persons:
Sean Daichman
PHR Holdings LLC
6755 Willowbrook Park Drive Houston, TX 77066
Tel: (281) 864-9122
Nancy Wodka
Office of Nancy Wodka
2020 Pennsylvania Avenue, N.W. Suite 114 Washington, DC 20006 Tel: (202) 468-6256 [email protected] M.
DESCRIPTION OF PHR HOLDINGS AND THE EWG FACILITY
PHR Holdings is a Delaware limited liability company. PHR Holdings is a direct wholly
owned subsidiary of BTEC New Albany LLC, which is a joint venture between BTEC Turbines LP and Renew Albany Holdings, LLC. PHR Holdings will own and operate the PHR Holdings Project (the "Facility"), which will be located in Bacliff, Texas, within the Electric Reliability Council of Texas, Inc. ("ERCOT"). The Facility will be comprised of six (6) General Electric natural gas-fired combustion turbine generating units with an approximate combined total capacity of 388 MW. The Facility will be interconnected with the transmission system of CenterPoint Energy Houston Electric, LLC. The Facility currently is under construction and expected to produce test power in the first quarter of 2016, and begin commercial operation in the first half of 2016. The output of the Facility will be sold exclusively at wholesale within
ERCOT.
IV.
REPRESENTATIONS REGARDING EWG STATUS
PHR Holdings makes the following representations in order to demonstrate that it will be an EWG under Section 366.1 of the Commission's regulations.4
1. PHR Holdings will be exclusively engaged in the business of owning and/or operating the Facility and, potentially, all or part of other "eligible facilities" and selling electric energy at wholesale, except to the extent that it may engage in certain activities which the Commission has previously determined are incidental to wholesale sales of electric energy, including, but not necessarily limited to:
• The sale of ancillary services,5
• The sale of byproducts of the generation of electric energy,6 • The resale of excess electric transmission capacity,7
• The purchase and sale of congestion revenue rights needed to operate eligible facilities owned and/or operated by PHR Holdings,g
• The resale of excess fuel supplies and/or the assignment of excess fuel transportation capacity originally acquired for the operation of one or more eligible facilities owned and/or operated by PHR Holdings,9
• Certain project development and financing activities necessary to achieve financial closing of EWGs and/or eligible facilities that PHR Holdings will own and/or operate,^
4 18 C.F.R. § 366.1. See also Prairie Breeze Wind Energy LLC, 143 FERC ¶ 61,051 at P 4 (2013) (identifying representations an entity must make to establish EWG status); DTE Pontiac North LLC, 121 FERC ¶ 61,037 at P 7(2007) (same).
5 See Sithe Framingham LLC, 83 FERC ¶ 61,106 at 61,504 (1998). 6 See Richmond Power Enter., L.P., 62 FERC ¶ 61,157 at 62,098 (1993).
' See Compania Hidroelectrica Dona Julia S. De RL., 85 FERC ¶ 61,336 at 62,318 (1998). 8
See Duquesne Power, L.P., 106 FERC ¶ 61,104 at P 7 (2004).
9 See Selkirk Cogen Partners, L.P., 69 FERC ¶ 61,037 at 61,168-69 (1994).
10 See AEP Resources, Project Mgmt. Co., 74 FERC ¶ 61,202 at 61,674 (1996).
• The trading of emissions allowances obtained for the normal operation of the facilities that become excess to the requirements of the Facility or other eligible facilities owned and/or operated by PHR Holdings, tl
• The sale of "green" power certificates or credits associated with power produced by the Facility or other eligible facilities owned or operated by PHR Holdings,12 • Leasing or renting property to third parties provided that all revenues above a
nominal amount from activities not reasonably incidental to the ownership or operation of eligible facilities and sales of electric energy at wholesale are donated to charity or transferred to a non-affiliate,' 3
• Enterin^ into leases of real property comprising part of the Eligible Facilities, as lessee;'
• Entering into agreements relating to facilities shared with an affiliate EWG and used in operation of the Eligible Facilities; 15
• Engaging in a one-time sale of excess land located adjacent to one or more if its Eligible Facilities;l6
• Providing emergency support, services, and material to other utilities or facilities in the event of a natural disaster or catastrophic event;17
• Providing site services that are reasonably incidental to the generation and sale of electric energy at wholesale; 18
" See, e.g., UGIDevel. Co., 89 FERC ¶ 61,192 at 61,587-88 (1999). 12 See Madison Windpower, LLC, 93 FERC ¶ 61,270 at 61,871 (2000). 13 See Duke Energy Hot Spring, LLC, 98 FERC ¶ 61,287 (2002). 14 See DTE Pontiac North LLC, 121 FERC ¶ 61,037 at P 7 n.6 (2007).
15 See Buffalo Gap Wind Farm 2, LLC, 118 FERC ¶ 61,069 at PP 2, 14 & n.3 (2007). 16 See Vienna Power LLC, 112 FERC ¶ 62,199 (2005).
17 See NRG Texas Power LLC, Docket No. EG09-12-000 at 9-10 (filed Nov. 7, 2008) (Notice of
Effectiveness issued Feb. 27, 2009).
18 See PPL Martins Creek, LLC, 105 FERC ¶ 61,177 at P 10 (2003) ( approving EWG's provision of
potable water and cooling tower make-up water, along with waste water treatment and discharge services, to an affiliate's neighboring facility); Hardee Power Partners, Ltd., 104 FERC ¶ 61,327 at PP 10-11 (2003) (approving (1) EWG's agreement that allowed third party use of road, water and switchyard facilities and (2) EWG's provision of day-to-day physical operation services of switchyard facilities for safety reasons); Duke Energy Hot Spring, LLC, 98 FERC ¶ 61,287 at 62,255-56 (2002) (approving EWG acting as a source of power to a transmission company's substation where such substation interconnected the EWG's plant to the electric transmission system).
• Sales of spare parts and/or equipment originally acquired in connection with the ownership and operation of PHR Holdings' eligible facilities when such spare parts and/or equipment have become excess to PHR Holdings' needs;19 and • Such other activities as are consistent with the Commission's EWG precedent. 2. The Facility will be an "eligible facility" as defined in Section 32(a)(2) of the Public Utility Holding Company Act of 1935,20 which is incorporated by reference in Section 1262(6) of PUHCA 2005,21 and Section 366.1 of the Commission's regulations.22 The Facility does not include any transmission or distribution facilities other than those interconnecting transmission facilities necessary to interconnect to the transmission grid and to permit the sale of the output of the Facility at wholesale.
3. No portion of the Facility is, or will be, owned or operated by an "electric utility company" that is an "affiliate" or "associate company" of PHR Holdings that is not an EWG, qualifying facility, or foreign utility company, in each case as such terms are defined in Section 366.1 of the Commission's regulations.23
4. There are no existing lease arrangements involving the Facility under which PHR Holdings is the lessor. The land is currently owned by NRG Texas Power LLC.
5. As the Facility is under construction, no rate or charge for, or in connection with, the construction of the Facility, or for electric energy produced by the Facility was in effect
under the laws of any State on October 24, 1992. As a result, no determination or certification
19 See Blue Spruce Energy Ctr., LLC, 105 FERC ¶ 61,059 at P 10 (2003) ("Blue Spruce").
20 15 U.S.C. § 79z-5a(a)(2) (repealed 2005).
21 42 U.S.C. § 16451(6) (2006).
22 18 C.F.R. § 366.1.
23
Id.
by any state or territorial commission is necessary prior to certification of PHR Holdings an EWG.
V.
SERVICE
In accordance with Section 366.7(a) of the Commission's regulations,24 PHR Holdings is
serving a copy of this notice of self-certification with the Public Utility Commission of Texas,
which is the regulatory authority in the territory in which the Facility is located.
24 18 C.F.R. § 366.7(a).
VI. CONCLUSION
For the foregoing reasons, PHR Holdings satisfies the requirements for EWG status.
Respectfully submitted, PHR HOL I S LL : By:
674f5 VAffjZrook Park Drive
Houston, TX 77066
Dated: August 24, 2015
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing document on the Public Utility Commission of Texas via First Class Mail.
Dated at Washington, DC this 31st day of August, 2015.
/s/ William R. Zema, Jr.
