Solarize Indiana (SI) Reply Brief Filed 12/23/2020 in Appeal of IURC Order Approving Vectren PURPA 30-Day Filings Nos. 50331 & 50332

Solarize Indiana, Inc. (“Solarize Indiana”) submits this reply to address arguments in the appellee briefs filed by Southern Indiana Gas and Electric Company, d/b/a Vectren Energy Delivery of Indiana, Inc. (“Vectren”) and Indiana Utility Regulatory Commission (“Commission”). The appellees have failed to demonstrate that federal statutory and regulatory requirements under the Public Utilities Regulatory Policies Act (“PURPA”), as amended, do not count as “applicable law” with respect to the two Vectren 30-day filings at issue, or that the Commission could approve those rate submissions as noncontroversial, without a hearing, despite Solarize Indiana’s objections.

ARGUMENT

A. The Commission Erred by Finding PURPA Objections
Insufficient to Make the Vectren Filings Controversial
B. The Objections Based on PURPA Were Specific

C. Solarize Indiana Properly Raised Valid Objections

1. Vectren unlawfully imposed a 1MW threshold
2. Vectren failed to provide a long-term option
for predetermined pricing
3. Vectren’s avoided cost computation was deficient
in several respects
4. Vectren’s proposals are discriminatory

D. Solarize Indiana Is Properly Appealing a Final Order

E. Efforts to Shift the Controversy Elsewhere Cannot Justify
the Refusal to Address the PURPA Violations

CONCLUSION
The Commission erred by granting summary approval, without a hearing, on the ground that the Vectren 30-day filings were noncontroversial, notwithstanding Solarize Indiana’s express, written objections alleging PURPA violations. The Order should be
reversed and the matter remanded with instructions to deny summary approval on the grounds that the filings are controversial.

Download and read the brief HERE>

Reply Brief of Appellant Solarize Indiana Inc.-12-23-2020 Accepted