Findings of Fact

1. Section 399.2.5, as amended, provides backstop cost recovery for transmission infrastructure costs necessary to attain RPS goals.

2. The Commission may approve advice letters under Section 399.2.5.(c)(1) and (c)(2) to grant eligibility to seek cost recovery for transmission projects or to grant cost recovery for costs incurred prior to permitting or certification of transmission facilities, as long as the electrical corporation certifies that it expects the facility will be necessary for achievement of RPS goals.

3. In advice letters under Section 399.2.5.(c)(1) and (c)(2), the Commission is not making the final need determination for the project or authorizing the utility to proceed with construction, but evaluating whether the project is eligible for cost recovery subject to future need determination.