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Decision No. C10-0639
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
2 U A 1;2: I U
DOCKET NO. 10M-245E
IN THE MATTER OF COMMISSION CONSIDERATION OF PUBLIC SERVICE COMPANY
OF COLORADO PLAN IN COMPLIANCE WITH HOUSE BILL 10-1365, "CLEAN AIR-
CLEAN JOBS ACT."
ORDER ADDRESSING PEABODY
ENERGY'S REQUEST FOR DATA
Mailed Date: June 23, 2010
Adopted Date: June 17, 2010
I. BY THE COMMISSION
A. Statement
1. By Decision No. C10-0452, the Commission opened Docket No. 10M-245E in
order to consider an emission reduction plan for coal-fired electric generating units expected to
be filed by Public Service Company of Colorado (Public Service or the Company) in compliance
with House Bill 10-1365 (HB 10-1365).
2. In Decision No. C 10-0452, the Commission ordered Public Service by to produce
certain records and documents that would be helpful for the Commission, parties, amici curiae,
and others in developing a record and recommendations for this proceeding. Paragraph 29 of
Decision No. C10-0452 identified the specific documents and data the Company was required to
submit to the Commission.
3. Paragraph 38 of Decision No. C10-0452 allows interested persons, including non-
parties, to file written requests to the Commission asking that the Commission order Public
Service to produce additional documents.
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Before the Public Utilities Commission of the State of Colorado
Decision No. CIO-0639 DOCKET NO. IOM-245E
4. On June 2, 2010, Public Service tiled a partial set of responses to the data we
ordered the Company to produce pursuant to paragraph 29 of Decision No. C10-0452. The
response included hourly and/or annual emissions data (NOX, SOS, CO2, and mercury) for 2008
for the coal-tired generation units owned or controlled by Public Service, a general discussion
concerning existing pipeline capacity for delivery of natural gas to those coal-fired generation
units, and 2008 cost and capacity information for those coal plants as well as for the natural gas
plants owned or controlled by Public Service. The Company's response excluded plants owned
by Independent Power Producers (IPPs) and excluded the Cameo, Comanche, and Craig stations.
See Decision No. C10-0501 at ¶ 7 (permitting Public Service to exclude this information in its
response).
5. Peabody Energy Corporation (Peabody Energy) included a written follow-up data
request in response to Public Service's June 2, 2010 data filing in its Comments Regarding
Procedural and Hearing Efficiencies tiled on June 4, 2010 (Comments).
6. As we explained in Decision No. C10-0596, mailed on June 16, 2010, the
Commission may require Public Service to produce records and documents pursuant to
§ 40-2-106, C.R.S. Because this authority belongs to the Commission, rather than the party
making the request, the Commission has the discretion to modify any written requests it receives.
We also note that, if the Commission elects not to order Public Service to produce certain
requested data under § 40-2-106, C.R.S., our decision in no way prejudices a party if the same
request is made pursuant to the discovery process in this proceeding.
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Before the Pu hlic Utilities Commission of the State of Colorado
Decision No. C10-0639 DOCKET NO. IOM-245E
B. Discussion
7. In its Comments, Peabody Energy suggests that the Commission order Public
Service to produce three sets of data to supplement the information the Company filed on June 2,
2010:
• Any and all responsive documents related to any form of emissions control
technology for any generation unit owned or controlled by Public Service.
• Public Service's actual firm and interruptible capacity allocation on all
interstate pipelines, intrastate pipelines, and local distribution systems; the
total capacity on each of those gas transport systems; the terms and conditions
applicable to each of the Company's respective interruptible and firm capacity
allocations on each of those systems; the tariffs applicable to each of their firm
and interruptible capacity allocation on those systems; and the specific actual
gas delivery capability for each of the Company's generating units.
• The actual hourly generation for each of the Company's generation units in
MWh so that the data can be used in calculating the "emissions factor" for
each unit in pounds/MWh.
8. With respect to Peabody Energy's first request for studies concerning emission
control technologies, and consistent with subparagraph 29(e) of Decision No. C10-0452 seeking
such information for selective catalytic reduction (SCR) or selective non-catalytic reduction
(SNCR) systems, we find it reasonable to order Public Service to file with the Commission under
§ 40-2-106, C.R.S., all feasibility, technical, or economic assessments, studies, or plans regarding
the retrofit of any Colorado coal-fired generation unit owned or controlled by Public Service
with any form of emissions control technology. We find such data would be helpful for the
Commission, parties, and amici curiae in developing a record and recommendations for this
proceeding.
9. Consistent with our earlier decisions in this Docket, Public Service is not required
to provide such data for plants owned by IPPs and for the Cameo, Comanche, and Craig stations.
Public Service shall file this data within seven calendar days of the effective date of this Order.
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Before the Puhlic Utilities Commission of the State of Colorado
Decision No. CIO-0639 DOCKET NO. IOM-245E
Public Service shall submit numerical information in native, electronically executable formats
(e.g., in Microsoft Excel format). Further, as a courtesy to the parties and amid curiae, we
request that Public Service also provide numerical data in native, electronically executable
formats to those parties and amid curiae (e.g., by email).
10. We find that Peabody Energy's request for additional information concerning the
Company's firm and interruptible capacity allocations on natural gas pipelines, the total capacity
on each of those systems, the applicable tariffs and terms and conditions, and the specific actual
gas delivery capability for each of the Company's generating units to be overly broad. This
component of Peabody Energy's data request may also involve confidential information and
information that Public Service does not keep in its own books and records.
11. Nevertheless, we find that the types of information that Peabody Energy is
seeking now pursuant to paragraph 38 of Decision No. CIO-0452 will likely be useful and
properly narrowed in conjunction with the specific emissions reduction plan set forth in the
Company's tiling under HB 10-1365 that is expected in August 2010. Therefore, we order
Public Service to provide information on the Company's firm and interruptible capacity
allocations on the relevant natural gas pipelines, the total capacity on each of those systems, the
tariffs and terms and conditions that will likely be applicable, and the specific delivery capability
for natural gas to the relevant generating units, to the extent the Company has obtained the
information in the course of the development of its August 2010 filing and to the extent this
information pertains to the Company's emissions reduction plan or the alternatives set forth in its
August 2010 filing. At a minimum, such information shall be provided in the workpapers
associated with that August 2010 filing. Hyperlinks to the applicable tariffs and terms and
conditions, if available, will be acceptable in these workpapers.
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Before the Public Utilities Commission of the State of Colorado
Decision No. CIO-0639 DOCKET NO. IOM-245E.
12. Finally, with respect to the emissions factors sought in Peabody Energy's third
data request, we find it reasonable to order Public Service to file with the Commission under
§ 40-2-106, C.R.S., such emissions factors for 2008, in terms of tons per MWh, consistent with
the emissions data the Company has already provided in response to paragraph 29 of Decision
No. C10-0452 (Le., hourly and annual emissions of NON, SON, and CO2 and annual emissions of
mercury). Such data would again be helpful for the Commission, parties, and amici curiae in
developing a record and recommendations for this proceeding.
13. In the event that Public Service does not have readily available such emissions
factors for 2008, the Company shall instead produce the actual hourly generation for each of the
coal-fired generation units in MWh as suggested by Peabody Energy, so that this information can
be combined with the emissions data already produced by the Company in this Docket in order
to calculate the hourly emissions factor for 2008.
14. Consistent with the above discussion in paragraphs 12 and 13, Public Service is
not required to provide such data for plants owned by IPPs and for the Cameo, Comanche, and
Craig stations. Public Service shall file this data within seven calendar days of the effective date
of this Order. Public Service shall submit numerical information in native, electronically
executable formats (e.g., in Microsoft Excel format). Further, as a courtesy to the parties and
amid curiae, we request that the Company provide numerical data in native, electronically
executable formats to those parties and amici curiae (e.g., by email).
H. ORDER
A. The Commission Orders That:
1. Public Service Company of Colorado (Public Service) shall produce all
feasibility, technical, or economic assessments, studies, or plans regarding the retrofit of any
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Before the Public Utilities Commission of the State of Colorado
Decision No. CIO-06.39 DOCKET NO. IOM-245E
Colorado coal-fired generation unit owned or controlled by Public Service with any form of
emissions control technology within seven calendar days, consistent with the discussion above.
2. Public Service shall produce 2008 emissions factors for any Colorado coal-fired
generation unit owned or controlled by Public Service within seven calendar days, consistent
with the discussion above.
3. Public Service shall provide information on its firm and interruptible capacity
allocations on the relevant natural gas pipelines, the total capacity on each of those systems, the
tariffs and terms and conditions that will likely be applicable, and the specific delivery capability
for natural gas to the relevant generating units, as this information pertains to the August 2010
tiling, consistent with the discussion above.
4. This Order is effective upon its Mailed Date.
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING
June 17, 2010.
(S F A I.) THE PUBLIC UTILITIES COMMISSION
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"7-La-.--- COMMISSIONER JAMES K. TARPEY
ABSENT.
Doug Dean.
Director
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