APSC FILED Time: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-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 In the Matter of the Act 253 Energy Efficiency Opt-Out Notice and Affidavit of Weverhaeuser NR Comoanv D DOCKET DESIGNATOR: Bu DAD SD R D P RELATED DOCKETS: Nature of Action: (See second sheet) PETITIONER/INITIATING PARTY· Weyerhaeuser NR Company 33663 Weyerhaeusr Way S. Federal Way, WA 98063 Phone:253-924-2268 E-mail: Tom. Yarboroug [email protected] ATTORNEYS' NAME, ADDRESS, PHONE, FAX AND E-MAIL Thomas P. Schroedter c/o Hall Estill 320 S. Boston Avenue, Suite 200 Tulsa, OK 74103 Phone: 918-594-0436 Fax: 918-594-0505 *Ifthe initiating party is not a jurisdictional utility in Arkansas. please provide mailing address. phone, fax and e-mail for the company Pursuant to Rule 2,03(b) of the Commission's Rules of Practice and Procedure, please provide name, address, phone, fax, e-mail of at least one, but not more than two names to appear on the Service List for this docket Thomas P. Schroedter c/o Hall Estill 320 S. Boston Avenue Suite 200 Write a bnef 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: Thoma Date: .MaY....5, 20'b Representing: Weyerhaeuser NR Company APSC FILED Time: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-sd-Doc. 1 NATURE OF ACTION: Please choose at least one, but no more than three docket types o Accounting Acquisition/Sales Act 310 of 1981 (Surcharge) Act 821 of 1987 (Cooperatives Rate Change) Administrative Procedures Affiliate Rules Annual Reports/Assessment Ar Energy Conservation Act (Efficiency Programs) Arbitration Arkansas High Cost Fund Arkansas Intralata Toll Pool Arkansas Universal Service Fund ARSI Arkansas Relay Service, Inc. Auto Adjustment A voided 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 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 Agreements Interest/Customer Deposit Investigation/Inquiry Lifeline/link up Market Power Merger/Transfer Municipal Franchise Tax Net Metering Nuclear Decommissioning One Call Pipeline Safety Pole attachment issues Protective Order Public Utility Holding Company Act Public Utility Regulatory PolicyAct Purchase Power Railroad Rates Refund Reports Resource Plan Restructuring Retail River Crossing Regional Transmission Organization Rulemaking .f Self-Direct Certification Service Quality_ Shielded Outdoor Lighting Show Cause Stranded Costs Sustainable Energy Resources Terms and Conditions Territory/release/unallocated territory Transition costs Unbundling USOA (Uniform System of Accounts) Waiver/Exemption Weather Wholesale Wholesale Rate Adjustment .... APSC FILED Time: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-sd-Doc. 1 Act 253 Notice and AffidayU to Arh:ansas Cod~ Amlgtated §23-3-4,05 for the ,lU1rpgse gf Opting-Out of Public UtiUtj!·Sn()n5~1 Energy CQnservatign Pmgrams and Measures fursuant I, Adrian Blocker, hereby submit on behalf of Weyerhaeuser NR Company (the "Nonresidential Business Consumer") this Notice and Affidavit pursuant to Ark. Code Ann. § 23-3-405 on April 30, 2014. Iunderstand, agree, and certify as follows: 1. Weyerhaeuser NR Company 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 f\! Business Consumer has (must check at least one): (a) a peak electrical demand of at least one megawatt facility; and/or (1 MW) in a single D (b) multiple facilities with identical ownership in a single public utility'S service 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 (1MW) for all of the locations; and/or D (c) an annual natural gas usage of twenty thousand million British Thermal Units (70,000 MMBtu) at a single facility; and/or o (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 (14,000 MMBtu) at each location and an aggregated annual natural gas usage of seventy thousand million British Thermal Units (70,000 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: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-sd-Doc. 1 4. The Nonresidential Business Consumer has (must check one): Ca) 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 for the Nonresidential Business Consumer in an amount that is equal to the energy efficiency goals or standards established the commission as of the date of this affidavit; and/or o (b) Exhausted its opportunity to 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 utf to whom this Notice and Affidavit is directed and each utility account/meter number through which Affiant is served by each utili ty. Arrordi Business Consumer requests the Commission issue an Order of Cornpii,mcc' to Ark. Code Ann. § 23-3·f~05(d)(1) that the Nonresidential Business Consumer has met the requirements of Ark Code Ann. § 23-3 405(c) and that the rights and limitations of Ark Code Ann. § 23-3A05(d)(2) apply. The undersigned Affiant hereby swears and affirms that the foregoing Act 253 Notice and Affidavit is true and correct. I\{ll-i(lfl Blocker Senior Vice jlrcsident Dated this 30th day o l April, 2014 - Lumber APSC FILED Time: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-sd-Doc. 1 Subscribed and sworn to by the foregoing 30th day ofApril, 2014. Notary Public's Signature Notary Seal: Affiant before me, a Notary Public, on this APSC FILED Time: 5/5/2014 3:34:30 PM: Recvd 5/5/2014 3:10:58 PM: Docket 14-039-sd-Doc. 1 1. A Southwestern Electric Power Company R Account Number %1 :B3-7 51-0-3/Meter Z. A. Entergy Arkansas, Inc. B. Account Number 571519BjMcter 3. A. CenterPomt Number 435014341 Number 3313371 Energy Services, Inc. B. Met.er Number AB7000050786/Contract Number 69568:335