NOTICE OF PURPA CONSIDERATION AND HEARING PROCESS
NOTICE OF PURPA CONSIDERATION AND HEARING PROCESS
TO ALL ELIGIBLE PARTICIPANTS
Issued: December 19, 2022
Ozark Border Electric Cooperative (the “Cooperative”) hereby gives public notice
regarding the process to be followed by it in implementing the statutory directives in the
2021 Infrastructure Investment and Jobs Act (2021 Infrastructure Bill), which amended
the Public Utilities Regulatory Policies Act of 1978 (PURPA). The 2021 Infrastructure
Bill established new Federal standards under Section 111(d) of PURPA, which certain
nonregulated electric utilities (such as the Cooperative) are required to consider and to
“make a determination whether it is appropriate to implement such standard[s]” within
certain defined timelines based on evidence collected pursuant to a public notice and
The two new PURPA standards defined by the 2021 Infrastructure Bill which the
Cooperative must consider are set forth below. The “Eligible Participants” in the
Cooperative’s PURPA Consideration and Hearing Process consist of any and all active
members (on or after the date of this notice) of the Cooperative and the Secretary of
the Department of Energy. If any Eligible Participant is not able to access the
Cooperative’s website and desires a copy of the statute, that Eligible Participant should
contact the Cooperative: (a) by phone: 573-785-4631; (b) by U.S. Mail: at P.O. Box
400, Poplar Bluff, MO 63902; or (c) by fax: at 573-785-1853, and a copy will be
provided at the cost of the requesting party.
The two new PURPA Standards are summarized below:
1. Demand-Response Practices.
(A) In general
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.
(B) Rate Recovery
A nonregulated electric utility may establish rate mechanisms for the timely
recovery of the costs of promoting demand-response and demand flexibility
practices in accordance with subparagraph (A).
2. Electric Vehicle Charging Programs.
Each State 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
(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.
In order for the Cooperative to fully consider the views of the Eligible Participants
regarding the standards so that it may determine whether 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):
• Official Notice of Public Hearing Process and Procedural Schedule – issued
December 19, 2022
• Written Comments – to be submitted at least 14 days before May 8, 2023
• Rebuttal Comments – to be submitted no later than 14 days after May 8,
• Determination Announcement by the Cooperative’s Board of Trustees – to
be rendered on or before November 15, 2023
Notice. This Notice is being posted at the Cooperative’s offices, on its website, and
a notice was sent to all the Cooperative’s active members in the March, 2023, issue of
the Cooperative’s newsletter, Rural Missouri, mailed on March 1, 2023. Any Eligible
Participant may obtain at cost, a copy of the statute incorporating changes from the
2021 Infrastructure Bill at the offices of the Cooperative following the procedures
Written Comments. These comments (if possible) should by typed (double
spaced) and paginated, with appropriate headings so that the reader will know with
specificity which of the two standards is being addressed. The comments should
identify the full name of the Eligible Participant along with the address, telephone
number, and (if available) the email address of the Eligible Participant. Comments may
be submitted at the Cooperative’s office at P.O. Box 400, Poplar Bluff, Missouri 63902.
The Cooperative will post all comments submitted by Eligible Participants on its website
and will make copies of comments available at cost, to any Eligible Participant that
requests a copy.
Rebuttal Comments. The purpose of rebuttal comments (which should conform to
the format described above for written comments) is solely to respond to points made in
another person’s written comments; therefore, it is important that the person submitting
reply comments identify with specificity the written comment(s) to which it is responding
and the points (preferably with page references) in the written comments which it is
addressing. The filing instructions described above for written comments should be
followed for rebuttal comments. The Cooperative will post all rebuttal comments on its
web site and will make copies of the reply comments available at cost to any Eligible
Participant that requests a copy.
Determination. The Determination to be made by the Cooperative as to whether it
is appropriate to implement either or both of the two standards will be in writing, will be
based on findings supported by the evidence of written record, will be posted on the
Cooperative’s website and will be made available for any Eligible Participant at cost.
We urge persons interested in this matter to contact us with any questions as to
any of the items discussed above. Thank you in advance for your interest.