Comment on filing-Department of Conservation and Recreation-Division of Natural Heritage under CP15-150.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Vaughn Thermal Corporation Docket No. RA15-1-000 MOTION TO INTERVENE OUT OF TIME OF THE AMERICAN PUBLIC POWER ASSOCIATION The American Public Power Association (APPA) moves to intervene as a party to this proceeding out of time under Commission Rule 214, 18 C.F.R. 385.214 (2014). APPA is the national service organization representing the interests of not-for- profit, state, municipal, and other locally owned electric utilities throughout the United States. More than 2,000 public power systems provide over 15 percent of all kWh sales to ultimate customers, and do business in every state except Hawaii. APPA utility members primary goal is providing customers in the communities they serve with reliable electric power and energy at the lowest reasonable cost, consistent with good environmental stewardship. This orientation aligns the interests of APPA-member electric utilities with the long-term interests of the residents and businesses in their communities. Collectively, public power systems serve over 48 million persons. On May 11, 2015, Vaughn Thermal Corporation petitioned pursuant to section 504(b)(1) of the Department of Energy Organization Act, 42 U.S.C. 7194(b)(1), and the Commissions regulations, 18 C.F.R. 385.1004, for review of a U.S. Department of Energy order denying Vaughns application for an exception to DOE regulations under the Energy Policy and Conservation Act, 42 U.S.C. 6201 et seq., amending the efficiency standards for electric water heaters, 75 Fed. Reg. 20,112 (Apr. 16, 2010) (codified at 10 C.F.R. 430.32(d)). Vaughn manufactures some of the types of electric resistance water heaters that are used by various APPA member utilities for traditional demand response programs and newer smart grid programs. DOE's denial of Vaughns application for exception threatens the operation and expansion of the existing programs, and will eliminate future APPA member utility programs. DOE has increased the efficiency standards for larger electric water heaters (with storage volumes above 55 gallons) effective April 16, 2015, to levels effectively eliminating electric resistance water heaters and requiring heat pump water heaters. Numerous APPA member utilities use large electric resistance storage water heaters in their demand response and smart grid programs. Electric resistance water heaters provide extremely cost-effective forms of energy storage, power quality and frequency regulation, and demand response. Electric resistance water heaters are grid-interactive and can respond nearly instantaneously to changing grid conditions, including the rapid ramping up or down of variable renewable generation, such as wind or solar. With the increase of distributed and community owned renewable electric generation ...