LCEC – Lee County Electric Cooperative

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Issued: September 25th, 2023

Lee County Electric Cooperative, Inc., ( the “Cooperative”) hereby gives public notice regarding the process to be followed in implementing the statutory directives in the 2021 Infrastructure Investment and Jobs Act, which amended the Public Utilities Regulatory Policies Act (PURPA) of 1978. The amendment established new Federal standards under Section 111(d) of PURPA, in which certain non-regulated 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 hearing.

This notice is being posted on the Cooperative’s website at The two new PURPA standards which the Cooperative must consider are set forth below. 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 Notice, they should contact the Cooperative: (a) by phone: 239-995-2121; (b) by U.S. Mail: at P.O. Box 3455, North Fort Myers, FL 33918; or (c) by email to to receive a copy.

The two new PURPA Standards are summarized below:

16 U.S. Code §2621(d)

(20) 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).

(21) 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 but not limited to: reducing charging times for light, medium, and heavy-duty vehicles;
(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 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:
  • Official Notice of Public Hearing Process and Procedural Schedule – issued September 25th, 2023;
  • All member comments to be submitted on or before October 31st, 2023;
  • Management Recommendation and Resolution by the Cooperative’s Board of Trustees – to be rendered on or before November 15, 2023.
Member Comments. These comments should be typed in a double-spaced format and the pages numbered accordingly, 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 mailed to the Cooperative at P.O. Box 3455, North Fort Myers, FL 33918, or alternatively emailed to The Cooperative will post all comments submitted by Eligible Participants on its website and will make copies of comments available to any Eligible Participant that requests a copy.
Management Recommendation and Resolution by the Board of Trustees. The determination to be made by the Cooperative’s Board of Trustees as to whether it is appropriate to implement either one or both of the two standards will be in writing, based on findings supported by the evidence of written record, shall also be posted on the Cooperative’s website and made available for any Eligible Participant.
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.
Member Comments.pdf PURPA Resolution November 2023.pdf
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