NOTICE OF PURPA II IMPLEMENTATION, SCHEDULE and TIMETABLE
TO
ALL INTERESTED PERSONS


Issued: July 28, 2009

PUBLIC NOTICE
Notice of PURPA II Implementation, Schedule and Timetable

To the members of SouthEastern Illinois Electric Cooperative, Inc. and all interested parties:

SouthEastern Illinois Electric Cooperative, Inc. (SouthEastern or Cooperative) hereby gives public notice regarding the process to be followed in implementation and consideration of the statutory directives in the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Public Utilities Regulatory Policies Act of 1978 (PURPA).  EISA 2007, commonly known as PURPA II, established new Federal standards under Section 111(d) of PURPA, which each non-regulated electric utility (such as SouthEastern) is required to consider.  SouthEastern is to "make a determination whether or not it is appropriate to implement such standard[s]" within certain defined time lines based on evidence collected from interested persons after public notice and hearing. 

This more detailed Notice will be available along with other information provided and available to SouthEastern members.  This Notice containing a description of the PURPA II amendments and of the procedures to be followed by SouthEastern in carrying out the mandate of EISA 2007 is available on SouthEastern's website at www.seiec.com (click tab on Energy Policy Act) or can be obtained by calling SouthEastern at (800) 833-2611 or by contacting SouthEastern at 585 Highway 142 South, P. O. Box 251, Eldorado, Illinois 62930.

SouthEastern Management has made recommendations concerning these PURPA II standards to its Board of Trustees in written form.  A document entitled "Energy Independence and Security Act of 2007 PURPA Title II Standards, Management Recommendations July 28, 2009" (booklet) has been prepared and submitted by SouthEastern Management.    These materials are available on SouthEastern's web site, or the booklet is available at cost by contact with SouthEastern as outlined above.  This booklet constitutes the Initial Comments and Recommendations of SouthEastern Management as to these new standards to be considered.

       These recommendations and the booklet containing the recommendations are the Initial Comments to be presented on behalf of the Cooperative/SouthEastern for action, decision and determination by the Cooperative's Board of Trustees.  The evidence and information to be considered by the Board in  making its determination about these standards may include Initial Comments, Reply Comments, testimony of witnesses, and other relevant materials submitted by the Cooperative, Eligible Participants, interested persons or entities.

       In order for the Cooperative's Board of Trustees to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether or not it is appropriate to implement such standards, the Cooperative will follow the procedural schedule set forth below (each component of which is more fully addressed in the ensuing portion of this Notice):


  • Notice - to be prepared and posted on July 28, 2009, or as soon thereafter as possible.
  • Initial Comments - to be submitted on or before September 22, 2009, or within such additional reasonable time thereafter as the Cooperative may allow.
  • Reply Comments - to be submitted on or before October 6, 2009, or within such additional reasonable time thereafter as the Cooperative may allow.
  • Appearance and Request To Participate in Public Hearing - to be submitted on or before September 17, 2009, or within such additional reasonable time thereafter as the Cooperative may allow.
  • Public Hearing - to be held on September 22, 2009, commencing at 11:00 a.m. (CDT).
  • Determination - to be made and rendered on or before November 24, 2009.



       Notice.  This Notice (or a summary thereof) is being posted at the Cooperative's offices, and on its web site.  In addition, it will be published in certain newspapers of general circulation in the Cooperative's territory and service area.   Any Eligible Participant may obtain at cost a copy of the relevant portions of EISA 2007, booklet, Initial Comments and Reply Comments at the offices of the Cooperative by following the procedures outlined above.

       Initial Comments. These comments should by typed (double spaced) and paginated, with appropriate headings so that the reader will know with specificity which of the five standards is being addressed.  The comments should identify the name of the commenting party along with the address, telephone number, and (if available) the email address of the commenting party.  The Cooperative requests that three (3) copies of the comments be filed at its office at P. O. Box 251, 585 Hiway 142 South, Eldorado, IL 62930 (attn Dustin Tripp).  The Cooperative will make reasonable efforts to post all comments submitted on the Cooperative's web site and will make copies of comments available at cost to any Eligible Participant that requests a copy.

       Reply Comments.  The purpose of reply comments (which should conform to the format described above for Initial Comments) is solely to respond to arguments made in another's Initial Comments.  Therefore, it is important that the person or entity submitting Reply Comments identify with specificity the Initial Comment(s) to which the reply or response is made and the points (preferably with page references) in the Initial Comments being addressed.  The filing instructions described above for Initial Comments should be followed for Reply Comments.  The Cooperative will make reasonable efforts to post all Reply Comments on its web site and will make copies of the Reply Comments available at cost to any Eligible Participant that requests a copy.

       Appearance and Request To Participate in Public Hearing.  Any Eligible Participant that desires to participate in the public hearing should so notify the Cooperative in writing (either by mail at the Cooperative's office address noted above, by fax at the fax phone number noted above).  The notification (Appearance and Request To Participate in Public Hearing) should indicate at least the following: (i) the name and address of the person or entity requesting to appear and participate, which will be the address used for future notice to such Eligible Participant; (ii) whether the person or entity filed Initial and/or Reply Comments, and on what date(s); (iii) whether the person or entity desires to make an oral presentation and if so, the anticipated length (the hearing officer may impose reasonable time limits on presentations); and (iv) whether any special reasonable accommodations need to be made for the Eligible Participant at the hearing.  If no requests to participate in a public hearing are submitted, there will be no public hearing (which fact will be noticed on the Cooperative's web site at least prior to the scheduled hearing), in which case the evidence considered will be the Initial and Reply Comments.

       Hearing.  The hearing, if any, will be held at SouthEastern's Eldorado Headquarters Building, Old Boardroom, 585 Hiway 142 South, Eldorado, IL 62930 and will be presided over by an impartial third party hearing officer selected by the Cooperative.  The procedures to be followed at the hearing will depend in part on the number of participants (persons or entities advocating the same position(s) are urged to consolidate their presentations), and will be determined by the presiding hearing officer with the goal of ensuring a full and fair record on the issues.  It is contemplated that a one-day hearing will be adequate, but if that is not the case, the hearing may be adjourned and will continue on subsequent days until completed.  The purpose of the hearing is to collect evidence in addition to that found in the written comments; a person or entity need not appear or participate in the hearing for their written comments to be considered.  A transcript of the hearing or proceeding, if held and required, will be made and will be posted on the Cooperative's web site and made available to an Eligible Participant at cost.

       Determination.  The Determination to be made by the Cooperative (acting through its Board of Trustees) as to whether or not it is appropriate to implement any of the PURPA II standards will be in writing, will be based on findings supported by the evidence of record, will be posted on the Cooperative's web site and will be made available for any Eligible Participant at cost. 

Persons or entities interested in this matter are urged to contact the Cooperative with any questions as to any of the items discussed above.  Thank you in advance for your interest.



SouthEastern Illinois Electric Cooperative 2007. All rights reserved.

  Public Utilities Regulatory Policies Act (PURPA)