Exelon. Business Services Company 2 20W. /km. August 2, 2010 VIA FEDERAL EXPRESS

Transcription

1 Mark J. Packei Telephone; (610) Assistani General Counsel Fax: (610) Bxelon Way mark.packei cxcloncorp.com Kennett Square. PA Exelon Business Services Company August 2, 2010 VIA FEDERAL EXPRESS AUG 2 20W Rosemary Chiavetta, Secretary Pennsylvania Public Utility Commission Commonwealth Keystone Building 400 North Street Harrisburg, PA fuc UTlUVf COMMftQin ^WARrs BUHBAU RE: Petition of PPL Electric Utilities Corporation for Approval of a Default Service Program and Procurement Plan for the Period January 1, 2011 Through May 31, 2013 to Modify Its Procurement of Solar Alternative Energy Credits Docket No. P Dear Secretary Chiavetta: Enclosed for filing with the Pennsylvania Public Utility Commission please find the original and three (3) copies of the Petition to Intervene on behalf of Exelon Generation Company, LLC in the above-referenced proceeding. As indicated on the attached Certificate of Service, all known parties to this proceeding are being duly served. Very truly yours, Counsel to Exelon Generation Company, LLC Enclosures cc: Administrative Law Judge Susan D. Colwell (via Federal Express) Certificate of Service /km

2 BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION Petition of PPL Electric Utilities Corporation for Approval to Modify Its Procurement of Solar Alternative Energy Credits under the Default Service Procurement Plan Docket No. P RECEIVED AUG 2 ZOIO PETITION TO INTERVENE OF PA PUBLIC UTIUTY COMMiSSlON SECRETARY'S BUREAU EXELON GENERATION COMPANY, LLC Exelon Generation Company, LLC ("Exelon") by its undersigned counsel, hereby files this Petition to Intervene in the above-captioned proceeding pursuant to 52 Pa. Code 5.71 et seq. In support of the petition Exelon states: 1. On or about May 18, 2010, PPL Electric Utilities Corporation ("PPL") filed a Petition seeking Commission approval to modify its Default Service Procurement Plan ("Plan"), previously approved by the Commission on June 30, 2009, to authorize a revised procedure for the prospective acquisition of solar Tier I alternative energy credits ("SRECs"). 2. Exelon is represented in the above-captioned matter by the following counsel and all correspondence should be directed to them at the following addresses: Noel Trask, Esquire Lead Counsel, Exelon Power Team Exelon Generation Company, LLC (610) noel.trask@exeloncorp.com and

3 Mark J. Packei, Esquire Assistant General Counsel Exelon Power Team Exelon Generation Company, LLC (610) Exelon is a wholly-owned subsidiary of Exelon Corporation. Exelon owns or controls approximately 31,000 MW of generating facilities and electricity across the nation. 4. As a potential supplier of SRECs to PPL, Exelon has a direct and substantial interest in this proceeding that cannot adequately be represented by another party. 5. Exelon is still formulating its position on the proposed modifications to the Plan, and associated documents, including, without limitation, the proposed PPL Solar Renewable Energy Credit Supply Master Agreement ("SMA") and proposed Request for Proposals Process and Rules (collectively, "RFP"). Exelon believes that the RFP and SMA lack clarity of language, creating uncertainty for potential suppliers of SRECs with respect to their rights and obligations. Exelon believes that this lack of certainty: directly impact an entity's ability to compete in PPL's procurement of SRECs; creates a situation which does not promote competitive markets: and contributes to a lack of transparency in the procurement process.. Exelon reserves the right to expand upon the issues set forth above and to raise additional issues, as warranted, during the course of this proceeding.

4 6. Exelon submits therefore that its intervention in this case satisfies the requirements of 52 Pa. Code 5.72(a) and that its participation in this proceeding is otherwise in the public interest. WHEREFORE, Exelon respectfully requests that its Petition to Intervene be granted and that it be accorded full party status in the above-captioned proceeding. Respectfully submitted, RECEIVED AUG PA PUBLIC UTILITY COMMISSION SECRETARY'S BUREAU N^l Tra k Lead Counsel, Exelon Po\ker Team Exelon Generation Company (610) noei.trask@exeloncorp.com Mark J. Packei, Esquire Assistant General Counsel Exelon Power Team Exelon Generation Company, LLC (610) mark.packel@cxeloncorp.com Dated: August 2, 2010

5 CERTIFICATE OF SERVICE ^ *?^o ^BLlc f^ts&ycoi I hereby certify that I am this day serving a true copy of the foregoing docums&^gnjm/ss/q*. participants listed beiow in accordance with the requirements of 52 Pa. Code Section 1.54 VAU (relating to service by a participant). VIA FIRST CLASS MAIL?0!g Allison C. Kaster, Esq. Office of Trial Staff 400 North Street, 2 nd Floor West Harrisburg, PA Erin L. Gannon, Esq. James A. Mullins, Esq. Tanya J. McCloskey, Esq. Office of Consumer Advocate 555 Walnut Street 5 Ih Floor, Forum Place Harrisburg, PA Daniel Clearfield, Esq. Carl R. Shultz, Esq. Deanne O'Dell, Esq. Eckert, Seamans, Cherin & Mellott, LLC 213 Market Street, 8 th Floor P.O. Box 1248 Harrisburg, PA Counsel for: Direct Energy Services, LLC and Retail Energy Supply Association Jesse A. Dillon, Esq. PPL Services Corporation Two North Ninth Street Allentown, PA Counsel for: PPL EnergyPlus, LLC Eric Joseph Epstein 4100 Hillsdale Road Harrisburg, PA Steven C. Gray, Esq. Office of Small Business Advocate Commerce Building, Suite North Second Street Harrisburg, PA Brian Knipe, Esq. Michael T. Killion, Esq. Buchanan, Ingersoll & Rooney, PC One South Market Street 213 Market Street, 3 rd Floor Harrisburg, PA Counsel for: Reliant Energy, Inc. Thomas T. Niesen, Esq. Thomas, Thomas, Armstrong & Niesen P.O. Box Locust Street, Suite 500 Harrisburg, PA Counsel for: Consolidated Edison Solutions, Inc. Craig R. Burgraff, Esq. Todd S. Stewart, Esq. Hawke, McKeon & Sniscak, LLP 100 N. Tenth Street Harrisburg, PA Counsel for: The Sustainable Energy Fund of Central Eastern Pennsylvania Michelle M. Skjodal, Esq. Pepper Hamilton, LLP 100 Market Street, Suite 200 P.O.Box 1181 Harrisburg, PA Counsel for: Amtrak David B. MacGregor, Esq. Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA Counsel for: PPL Electric Utilities Corporation

6 Paul E. Russell PPL Services Corporation Two North Ninth Street Allentown, PA Counsel for: PPL Electric Utilities Corporation Michael W. Hassell, Esq. Christopher T. Wright, Esq. Post & Schell, P.C. 12,h Floor 17 North Second Street Harrisburg, PA Counsel for: PPL Electric Utilities Corporation Christopher A. Lewis, Esq. Christopher R. Sharp, Esq. Blank Rome LLP One Logan Square Philadelphia, PA Counsel for: Constellation NewEnergy, Inc. and Constellation Energy Commodities Group, Inc. Divesh Gupta, Esq. Constellation NewEnergy Inc. Suite Market Place Baltimore, MD Counsel for: Constellation NewEnergy, Inc. and Constellation Energy Commodities Group, Inc. Charles E. Thomas, Jr., Esq. Jennifer M. Sultzaberger, Esq. Thomas, Long, Niesen & Kennard P.O. Box Locust Street, Suite 500 Harrisburg, PA Counsel for: The Pennsylvania State University Shelby Linton-Keddie, Esq. Susan E. Bruce, Esq. David M. Kleppinger, Esq. Pamela C. Polacek, Esq. McNees, Wallace & Nurick, LLC P.O.Box Pine Street Harrisburg, PA Counsel for: PP&L Industrial Customer Alliance Craig A. Doll, Esq. 25 West Second Street P.O. Box 403 Hummelstown, PA Counsel for: Richards Energy Group, Inc. and the Richards Energy Affinity Program Mr. Frank Richards Richards Energy Group, Inc. Building # NoltRoad Landisville, PA Consultant for: Richards Energy Group, Inc. and the Richards Energy Affinity Program Mark A. Baird, Esq. Gretchen Schott, Esq. RRI Energy, Inc Main Street Houston, TX PPL EnergyPlus, LLC Two North Ninth Street Allentown, PA Paul F. Mapelli 701 Westchester Avenue, Suite 300 East White Plains, NY 10604

7 The Sustainable Energy Fund of Central Eastern Pennsylvania 968 Postal Road, Suite 315 Allentown, PA Barbara R. Alexander 83 Wedgewood Drive Winthrop, ME Harry Weiss, Esq. Jason A. Leckerman, Esq. Ballard, Spahr, Andrews & Ingersoll, LLP 1735 Market Street - 51 st Floor Philadelphia, PA Richard Hahn La Capra Associates One Washington Mall - 9 th Floor Boston, MA ft fk\l6 i im G Q ^ * K1&8SS*** 00 &«««Mirk Counsel to n Generation Company, LLC,nd Dated this 2 day of August, 2010, at Kennett Square, Pennsylvania.

8 From: Origin ID: BIGA (610) Susan Walter EXELON BSC LEGAL Fedl22. Express Ship Date: 02AUG10 ActWgtlOLB CAD: /INET3060 Delivery Address Bar Code Jl)ZD1DD»iO?;S SHIPTO: (717) BILL SENDER Secretary Rosemary Chiavetta Pennsylvania Public Utility Comm. 400 NORTH ST FL 2 COMMONWEALTH KEYSTONE BUILDING HARRISBURG, PA Ref # Comments Filing Invoice # PO# Dept# dl] TUE - 03 AUG Al PRIORITY OVERNIGHT ZN MDTA PA-US MDT M)G]e A)flA34 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the currenl FedEx Service Guide, available on fedex.com.fedex will nol be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery.or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely ciaim.limitations found in the current FedEx Service Guide apply. Your right fo recover from FedEx for any loss, including intrinsic valueof the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental.consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.maximum for items of extraordinary value is $500. e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. i