The Board of Directors met on Monday October 23, 2023 to conduct the PURPA Hearing. The Board adopted and issued the following Findings of Fact and Determinations.

Notice of Hearing and Request for Member Input on New Federal Energy Standards:

Wake Electric Membership Corporation (Wake EMC) is soliciting public input regarding Demand-Response (DR) Standards and Electric Vehicle (EV) Charging Standards as part of new requirements contained in the Federal Infrastructure Investment and Jobs Act of 2021, which amended Title I of the Public Utility Regulatory Policies Act (PURPA). The amendment to PURPA requires Wake EMC to seek public input and hold a hearing on DR and EV standards before Nov. 15, 2023. Wake EMC will receive comments between Aug. 1, 2023 and Sept. 15, 2023 by 5 p.m.

IMPORTANT DATES: Members of the public must submit input in the form of written comments no later than 5 p.m. on Sept. 15, 2023.

Wake EMC’s Board of Directors will conduct its hearing on Oct. 23, 2023, at or around 6 p.m. The hearing will be based on the written record. Public comment will not be taken or allowed during the hearing. After the hearing (but no later than Nov. 15, 2023), the Wake EMC Board of Directors will determine whether it is appropriate to implement DR and EV standards.

After the hearing, the Wake EMC Board of Directors may accept as part of the written record, where good cause for doing so exists, studies or other documentation provided by state or federal agencies or professional studies or reports commissioned by Wake EMC. In addition, the Wake EMC Board of Directors may revise or revoke any adopted standards at any time after Nov. 15, 2023, without further public input or hearings. The Wake EMC Board of Directors’ determination will be available at wemc.com/purpa on and after Nov.15, 2023.

The Wake EMC Board of Directors will consider all written input in accordance with the requirements of PURPA. The conduct of the hearing as well as the relevance and weight to be given to all written input, to the extent practicable as determined by Wake EMC’s legal counsel, will follow Robert’s Rules of Procedure (11th Edition) and the North Carolina Rules of Evidence. Wake EMC’s legal counsel will address and recommend to the Wake EMC Board of Directors any resolution of procedural or evidentiary issues relevant to the hearing.

The Wake EMC Board of Directors will determine whether it is appropriate to implement DR and/or EV standards to carry out the purposes for which PURPA was enacted. Those purposes are to encourage (1) the conservation of energy supplied by electric utilities; (2) the optimization of the efficiency of use of facilities and resources by electric utilities; and (3) equitable rates to electric customers. (See 16 U.S.C. § 2611.) The Wake EMC Board of Directors may decline to implement DR and/or EV standards, in which case the Board of Directors will state in writing the reasons for declining to implement the standards. Such statement of reasons will be available to the public on our website at wemc.com/purpa.

New PURPA Standards 111(d)

Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall consider each standard established by subsection (d) and make a determination concerning whether or not it is appropriate to implement such standard to carry out the purposes of this chapter. For purposes of such consideration and determination in accordance with subsections (b) and (c), and for purposes of any review of such consideration and determination in any court in accordance with section 2633 of this title, the purposes of this chapter supplement otherwise applicable State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated electric utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law.

Demand-Response Practices

(A) Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.

(ii) A nonregulated electric utility (Like Wake Electric Membership Corporation) may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).

Electric Vehicle Charging Programs

A non-regulated utility (like Wake Electric Membership Corporation) shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that —

(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;

(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;

(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and

(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.

Current Dynamic Rates Offered by Wake EMC

Our dynamic rates provide financial and environmental incentives to Wake EMC members encouraging members to reduce or shift energy used during times of high demand. Wake EMC offers programs and services to meet the evolving needs of members, increase energy efficiency and expand beneficial electrification to enhance the lives of those we serve. Wake EMC is proud to offer dynamic rates that fit many lifestyles.

EV Rates. The Electric Vehicle (EV) rate encourages members who are EV owners to shift electric vehicle charging to off-peak times. Members enrolled in the EV rate can take advantage of a reduced kilowatt-hour (kWh) rate by charging an EV between the hours of 10 p.m. and 6 a.m. Visit wemc.com/residential-member-rates/#ev-rate for more information.

Solar Program. Wake EMC supports renewable energy efforts and has developed a program for members who wish to generate their own electricity. Members enrolled in the Solar Program can take advantage of a reduced kilowatt-hour (kWh) rate between 10AM and 2PM. If you are considering installing solar, we recommend that you review the information on the Wake EMC website at wemc.com/solar for more information.

Time-of-Use Rates. Our Time-of-Use (TOU) Rate (Peak Capacity Rate) gives you the potential to save money by using less energy when demand for electricity is high, which are known as on-peak hours. Alternatively, this rate plan encourages you to shift your use of electricity to times when demand is low, known as off-peak hours, by charging less per kilowatt hour (kWh) than our standard energy usage charge during these times. Visit wemc.com/tou for more information.

Combination of Dynamic Rates. Members may choose to
sign-up for more than one dynamic rate program for even
more energy savings. Visit wemc.com/residential-member-rates/ for more information.

We want your feedback:

Input must be made in the form of a written comment. If you would like to comment, please use the official Wake EMC (“WEMC”) comment form. Download the form or access the form through these options:

  1. Here on our website:
  2. Upon request via telephone at 800.474.6300 or by email to mac@wemc.com;
  3. Upon request by U.S. Mail addressed to Wake EMC,
    Attn: Legal Department, at P.O. Box 1229, Wake Forest, NC 27588;
  4. Upon request via delivery service (for example, UPS) or hand delivery to the Wake EMC Office, Attn: Legal Department, at 100 S. Franklin Street, Wake Forest, North Carolina 27587.

You must submit your written comments by 5 p.m. on Sept. 15, 2023, to:

  1. Here on our website at: wemc.com/purpa;
  2. By email to mac@wemc.com;
  3. By U.S. Mail to Wake EMC, Attn: Legal Department, P.O. Box 1229, Wake Forest, NC 27588; or
  4. By hand delivery to Wake EMC, Attn: Legal Department, 100 S. Franklin St., Wake Forest, NC 27587.