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`UNITED STATES OF AMERICA
`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
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`BASIN ELECTRIC POWER COOPERATIVE
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`DOCKET NO. ER20-2441-000
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`ANSWER OF BASIN ELECTRIC POWER COOPERATIVE
`TO SIERRA’S CLUB MOTION FOR EXTENSION OF FILING DEADLINE
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`Pursuant to Rule 213 of the Rules of Practice and Procedure of the Federal Energy
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`Regulatory Commission (“Commission”),1 Basin Electric Power Cooperative (“Basin Electric”)
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`submits this answer to “Sierra Club’s Motion for Extension of Filing Deadline” submitted in the
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`above-referenced proceeding.2 As discussed below, Basin Electric requests that the Commission
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`deny the Extension Request because the information included in Basin Electric’s filing in this
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`proceeding3 has been available to the entities that pay Rate Schedule A rates for almost a year.
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`Further, as explained below, the information submitted in the other proceedings referenced in the
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`Extension Request4 also was available to interested parties prior to Basin Electric’s submittal of
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`the Rate Schedule A Filing on July 16, 2020. To the extent the Commission determines an
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`extension is appropriate, Basin Electric requests that the Commission limit any extension granted
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`in response to the Extension Request to no more than seven days, or August 13, 2020,
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`1
`18 C.F.R. §§ 385.213 (2020).
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`Sierra Club’s Motion for Extension of Filing Deadline, Docket No. ER20-2441-000 (filed Aug. 3, 2020)
`(“Extension Request”).
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`Basin Electric Power Cooperative, Submission of Rate Schedule A to the Wholesale Power Contracts of Basin
`Electric Power Cooperative, Docket No. ER20-2441-000 (filed July 16, 2020) (“Rate Schedule A Filing”).
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`Basin Electric Power Cooperative, Submission of Wholesale Power Contract FERC Rate Schedules Nos. 1
`through 19, Docket No. ER20-2442-000 (filed July 16, 2019) (“Wholesale Power Contracts Filing”); and Basin
`Electric Power Cooperative, Submission of Transmission-Related Agreements, Docket No. ER20-2451-000
`(filed July 17, 2020) (“Transmission-Related Agreements Filing”).
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`2
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`3
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`4
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`Docket No. ER20-2441-000
`Page 2
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`I.
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`BACKGROUND
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`On September 30, 2019 and October 1, 2019, in anticipation of becoming subject to the
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`Commission’s full jurisdiction under the FPA, Basin Electric submitted a series of filings to
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`ensure it would be in compliance with Commission rules and regulations.5 That series of filings
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`included the Initial Rate Schedule A Filing, which included Rate Schedule A and supporting
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`material. On October 31, 2019, Basin Electric submitted an amendment to its Initial Rate
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`Schedule A filing, which included additional supporting material.6 On November 1, 2019, Basin
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`Electric submitted the 2020 Rate Schedule A with supporting material.7
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`On November 26, 2019, the Commission issued an order rejecting Basin Electric’s filings
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`in Docket Nos. ER19-2909-000, ER19-2909-001, ER19-2910-000, ER19-2911-000, ER20-1-000
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`and ER20-2-000 without prejudice.8
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`On July 16, 2020, Basin Electric resubmitted the 2019 Rate Schedule A; the 2020 Rate
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`Schedule A; and the existing long-term, wholesale power supply contracts (“Wholesale Power
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`5
`Basin Electric Power Cooperative, Submission of Rate Schedule A, Docket No. ER19-2909-000 (filed Sept.
`30, 2019) (“Initial Rate Schedule A Filing”); Basin Electric Power Cooperative, Submission of Transmission-
`Related Agreements, Docket No. ER19-2910-000 (filed Sept. 30, 2019); Basin Electric Power Cooperative,
`Submission of Proposed Open Access Transmission Tariff and Annual Transmission Revenue Requirement for
`Basin Electric Power Cooperative, Docket No. ER19-2911-000 (filed Sept. 30, 2019) (“Initial Tariff Filing”);
`Basin Electric Power Cooperative, Request for Waivers and Extensions of Filing Deadlines, Docket No. ER19-
`2917-000 (filed Sept. 30, 2019); Basin Electric Power Cooperative, Application of Basin Electric Power
`Cooperative for Market-Based Rate Authority, and for Certain Waivers and Blanket Authorizations, and
`Request for Expedited Action, Docket No. ER20-1-000 (filed Oct. 1, 2019) (“Initial Market-Based Rate
`Application”); Basin Electric Power Cooperative, Submission of Wholesale Power Contract FERC Rate
`Schedules Nos. 1 through 19, Docket No. ER20-2-000 (filed Oct. 1, 2019) (“Initial Wholesale Power Contract
`Filing”); and Basin Electric Power Cooperative, Application for Authorization to Issue Short- and Long-Term
`Debt and Guarantees and for Waivers, Docket No. ES19-71-000 (filed Sept. 30, 2019).
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`6
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`7
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`8
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`Basin Electric Power Cooperative, Amendment to Submission of Initial Rate Schedule A, Docket No. ER19-
`2909-001 (filed Oct. 31, 2019) (“Amendment to Initial Rate Schedule A Filing”).
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`Basin Electric Power Cooperative, Submission of Revised Rate Schedule A, Docket No. ER20-284-000 (filed
`Nov. 1, 2019) (“Revised Rate Schedule A Filing”).
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`Basin Elec. Power Coop., 169 FERC ¶ 61,158 (2019).
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`Docket No. ER20-2441-000
`Page 3
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`Contracts”) between Basin Electric and its eighteen Class A member cooperatives and one Class
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`D member cooperative (individually, a “Member,” and collectively, “Members”).
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`On July 17, 2020, Basin Electric submitted six transmission-related agreements to the
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`Commission for approval.9
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`II. ANSWER
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`Basin Electric requests that the Commission deny the Extension Request because most of
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`the information included in Basin Electric’s Rate Schedule A Filing has been available to the
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`entities that pay rates under the Rate Schedule A for at least a year. As a result, the normal 21-
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`day comment period provided by the Commission provides parties with an adequate opportunity
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`to review and prepare comments on the filing. First, information concerning the 2019 Rate
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`Schedule A has been available to Basin Electric’s Members, who are the only ratepayers under
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`Rate Schedule A,10 since at least August 2018, when the Basin Electric Board approved that rate.
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`Similarly, information concerning the 2020 Rate Schedule A has been available to Basin
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`Electric’s Members since at least August 2019, when the Basin Electric Board approved that
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`rate. Second, much of the information included in the Rate Schedule A Filing was included with
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`the Initial Rate Schedule A Filing and Amendment to Initial Rate Schedule A Filing submitted in
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`Docket No. ER19-2909-000 on September 30 and October 31, 2019, respectively, and in the
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`Revised Rate Schedule A Filing submitted in Docket No. ER20-284-000 on November 1, 2019.
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`As a result, and in combination with the normal 21-day comment period, the parties who are
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`9
`Basin Electric Power Cooperative, Submission of Transmission-Related Agreements, Docket No. ER20-2451-
`000 (filed July 17, 2020) (“Transmission-Related Agreements Filing”).
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`10 Rate Schedule A provides rates for the delivery of wholesale power to Class A Members. To the extent that an
`entity, including a Sierra Club member, is not a Class A Member and would like to purchase generation or
`transmission service at wholesale, it would not do so pursuant to Rate Schedule A.
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`Docket No. ER20-2441-000
`Page 4
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`affected by the rates charged under Rate Schedule A should have had adequate time to review
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`the Rate Schedule A Filing.
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`In evaluating Sierra Club’s Extension Request, the Commission should not consider the
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`Wholesale Power Contracts Filing as a basis for extending the comment deadline in this
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`proceeding because the information included in that filing originally was submitted to the
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`Commission on October 1, 2019 as part of the Initial Wholesale Power Contract Filing. Further,
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`each Wholesale Power Contract governs the relationship between Basin Electric and the Member
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`that is the counterparty to that agreement.
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`Similarly, the Commission should not consider the Transmission-Related Agreements
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`Filing as a basis for extending the comment deadline in this proceeding because all of the
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`agreements included in the filing already are on file with and accepted by the Commission. As
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`Basin Electric explained in the Transmission-Related Agreements Filing, Tri-State submitted
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`Service Agreement Nos. 100 through 105 as Tri-State Service Agreement Nos. 804, 822, 824,
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`871, 875, and 878 in Docket No. ER20-688-000 on December 27, 2019.11 On March 20, 2020,
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`the Commission accepted Tri-State’s Service Agreement Nos. 804, 822, 824, 871, 875, and
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`878.12 There are a few differences between the Basin Electric and Tri-State Service Agreements,
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`which are detailed in the Transmission-Related Agreements Filing.13 However, those differences
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`are not substantial.
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`Finally, the requested 30-day extension is excessive even without considering the
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`background of this proceeding. A 30-day extension of the comment deadline would provide
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`11 Transmission-Related Agreements Filing at 9-11.
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`12 Tri-State Generation and Transmission Ass’n, Inc., 170 FERC ¶ 61,222, at P 107 (2020).
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`13 Transmission-Related Agreements Filing at 9-11.
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`Docket No. ER20-2441-000
`Page 5
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`parties with 51 days in which to prepare and submit comments and allow Commission Staff only
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`nine days in which to evaluate those concerns. By contrast, a seven-day extension allows parties
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`four weeks in which to review the Rate Schedule A Filing and prepare comments addressing any
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`concerns. A seven-day extension balances the need for this proceeding to progress swiftly with
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`parties’ request for adequate time to review and prepare preliminary comments to the Rate
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`Schedule A Filing. Consequently, to the extent the Commission deems an extension of the
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`comment deadline in this proceeding to be appropriate, Basin Electric requests that the
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`Commission limit that extension to no more than seven days, or until August 13, 2020.
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`III. CONCLUSION
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`WHEREFORE, Basin Electric respectfully requests that the Commission deny the
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`Extension Request and limit any extension of the comment deadline to no more than seven days.
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`Respectfully submitted,
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`THOMPSON COBURN LLP
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`/s/ Jesse Halpern
`Jesse Halpern
`Rebecca L. Shelton
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`1909 K Street, N.W.
`Suite 600
`Washington, D.C. 20006
`Telephone: 202/585-6900
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`Counsel for Basin Electric Power Cooperative
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`August 5, 2020
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`CERTIFICATE OF SERVICE
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`I hereby certify that I have served this day copies of the foregoing on the official service
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`list compiled by the Office of the Secretary in accordance with Rule 2010 of the Commission
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`Rules of Practice and Procedure.
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`Dated at Washington, D.C. this 5th day of August, 2020.
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`/s/
`Jesse Halpern
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`Thompson Coburn LLP
`1909 K Street, N.W.
`Suite 600
`Washington, D.C. 20006
`Telephone: 202/585-6900
`E-Mail: jhalpern@thompsoncoburn.com
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`Counsel for
`Basin Electric Power Cooperative
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