APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 Arkansas Public Service Commission Docket Summary Cover Sheet (For all dockets other than Rate Cases, "TD", "C" and "TF" Dockets Must be filed with each new docket filed at the Commission STYLE OF DOCKET: (Style may be changed by Secretary of Commission) Docket Number: In the Matter of the Act 253 Energy Efficiency Opt-Out Notice and Affidavit of Delta Plastics of the South. LLC DOCKET DESIGNATOR: ❑ UDADROP RELATED DOCKETS: SD Nature of Action: (See second sheet) PETITIONER/INITIATING PARTY* Delta Plastics of the South, LLC 8801 Frazier Pike Little Rock, AR 72206 Phone: (501) 490-0395 Fax: (501) 490-0347 [email protected] *If the ini iatin is not a sdictional tit I ATTORNEYS' NAME, ADDRESS, PHONE, FAX AND E-MAIL Kevin M. Lemley Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 Phone: (501) 688-8849; Fax: (501) 918-7849 [email protected] n Arkansa ddress hone fax and e-mail for the corn tan Pursuant to Rule 2.03(b) of the Commission's Rules of Practice and Procedure, please provide name, address, phone, tax, e-mail of at least one, but not more than two names to appear on the Service List for this docket Kevin M. Lemley, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., 425 West Capitol Avenue, Suite 1800, Little Rock, AR 72201, Phone: (501) 688-8849, Fax: (501) 918-7849, klemlevmwlaw.com Write a brief statement, limited to the space provided herein describing the case that you are filing. Please provide enough information to assure that the nature of your docket is clear. The applicant is filing this Affidavit pursuant to Act 253 providing Notice of Opt-Out. Form completed by: KML Date: 2/26/2014 Representing: Delta Plastics of the South, Lld APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 NATURE OF ACTION: Please choose at least one, but no more than three docket types Accounting Acquisition/Sales ❑ Act 310 of 1981 (Surcharge) Act 821 of 1987 (Cooperatives Rate Change) Administrative Procedures Affiliate Rules Annual Reports/Assessment 0 Ar Energy Conservation Act (Efficiency Programs) 1❑ Arbitration Arkansas High Cost Fund Arkansas Intralata Toll Pool ■ p ■ Arkansas Universal Service Fund E] ❑ 1 3 ❑ ❑ T ❑ ARS1 Arkansas Relay Service, Inc. Auto Adjustment Avoided Cost CCN Cancellation CCN Facility CCN License CECPN Cost of Gas/Energy seasonal/unscheduled Customer release/Abandonment Declaratory Judgment Depreciation Dialing/Numbering Disabilities Act of 1990 Earnings arnings Review Eligible Telecommunications Carrier Designation Energy Policy Act Energy/Fuel Purchasing Practices EWG Exempt Wholesale Generator Extended Area Service Extension of Telecommunications Facilities Fund Extraordinary Property Loss FCC Finance (Bonds/issue & sell; stock; prom note) Grand Gulf Integrated Resource Planning Interconnection A reements Interest/Customer Deposit Investigation/Inquiry r Lifeline/link up Market Power Merger/Transfer • • Municipal Franchise Tax Net Metering ❑ Nuclear Decommissioning One Call Pipeline Safety III Pole attachment issues • Protective Order • Public Utilit Holdint Com.an Act MI Public Utility Regulatory Policy Act Purchase Power Railroad Rates Refund Reports Resource Plan ■ ■ ■ ■ Restructuring ❑ Retail 7 River Crossing LI Regional Transmission Organization ❑ Rulemaking Self-Direct Certification ...— Service Quality _ Shielded Outdoor Lighting Show Cause Stranded Costs Sustainable Energy Resources Terms and Conditions Territory/release/unallocated territory Transition costs ✓ 11 L Unbundling U LI USOA (Uniform System of Accounts) Waiver/Exemption Weather Wholesale Wholesale Rate Adjustment APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 Act 253 Notice and Affidavit Pursuant to Arkansas Code Annotated § 23-3-4o5 for the purpose of Opting-Out of Public Utility-Sponsored Energy Efficiency and Conservation Programs and Measures Michael Dahnert ,hereby submit on behalf of (the "Nonresidential Business Consumer") Delta Plastics of The South this Notice and Affidavit pursuant to Ark. Code Ann. § 23-3-405 on 2/25/14 I understand, agree, and certify as follows: It. Delta Plastics of The South is a nonresidential business consumer that is classified within sectors 31 through 33 of the North American Industry Classification System, as it existed on January 1, 2013 that chooses to opt out of utility-sponsored energy conservation programs and measures, as it chooses to direct its own nonresidential energy conservation programs. 2. The Nonresidential Business Consumer has (must check at least one): (a) a peak electrical demand of at least one megawatt (1 MW) at a single ; and/or (b) multiple facilities with identical ownership in a single public utility's se) vice territory with a peak electrical demand that exceeds two hundred kilowatts (200 kW) at each location and an aggregated peak electrical demand of at least one megawatt (1 MW) for all of the locations; and/or ri (c) an annual natural gas usage of seventy thousand million British Thermal Units (7o,000 MMBtu) at a single facility; and/or (d) multiple facilities with identical ownership in a single public utility's service territory with an annual natural gas usage that exceeds fourteen thousand million British Thermal Units (14,00o MMBtu) at each location and an aggregated annual natural gas usage of seventy thousand million British Thermal Units (70,00o MMBtu) for all of the locations. 3. The Nonresidential Business Consumer has not accepted the installation of or financing or direct monetary compensation in the form of a rebate or incentive to enable the installation of any energy conservation programs and measures by the applicable public utility in the five (5) years preceding the date of this affidavit as referenced in Ark. Code Ann. § 23-3-405(c)(2). APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 4. The Nonresidential Business Consumer has (must check one): (a) implemented or will implement energy conservation programs and measures or has made or will make an investment designated to provide energy savings for the Nonresidential Business Consumer. The energy conservation programs and measures implemented or to be implemented or the investment made or to be made has provided or is expected to provide energy savings for the Nonresidential Business Consumer in an amount that is at least equal to the energy efficiency goals or standards established by the commission as of the date of this affidavit; and/or VI (b) exhausted its opportunity to economically conduct further meaningful and cost-effective energy conservation programs and measures; and the Nonresidential Business Consumer is unable to realize adequate benefits by participating in the utility-sponsored energy conservation programs and measures for the reasons stated therein. 5. Exhibit A attached hereto accurately identifies each public utility to whom this Notice and Affidavit is directed and each utility account/meter number through which Affiant is served by each public utility. Accordingly, the Nonresidential Business Consumer requests the Commission issue an Order of Compliance pursuant to Ark. Code Ann. § 23-3-405(d)(1) that the Nonresidential Business Consumer has met the requirements of Ark Code Ann. § 233-405(c) and that the rights and limitations of Ark Code Ann. § 23-3-4o5(d)(2) apply. AFFIANT CERTIFICATION The undersigned Affiant hereby swears and affirms that the foregoing Act 253 Notice and Affidavit is true and correct. z. L----Signature of A (Tian'. [COMPANY] Dated this 25 day of Michael R. Dahnert Print or Type Name of Affiant February , 20 14 . APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 NOT Y CERTIFICATION The foregoing Act 253 Notice and Affidavit was duly subscribe( clay of by the Affiant before me, a Notary Public, on this 20 4. - Iota Public's Signature My Commission Expires: Notary Seal: SUSAN MENTH Salina County My Commission Expires Soptm;lor G. 2014 d sworn to APSC FILED Time: 2/26/2014 11:50:10 AM: Recvd 2/26/2014 11:42:47 AM: Docket 14-019-SD-Doc. 1 Exhibit A to foregoing Act 253 Notice and davit Delta Plastics of The South 1. A. Entergy B. Acct. no. - 81102881, Acct. no. 98010291 2. A. [Insert Second Public Utility Name] B. [Insert each Account/Meter Number served by first Public Utility] (Continue listing for each additional public utility serving Affiant Company.