Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each POU shall submit the following
reports to the Commission as required by this section.
(b) Within 90 calendar days after the
effective date of these regulations, any POU that has adopted rules allowing
for historic carryover, in accordance with section
3206(a)(5), shall
submit documentation to the Commission including all applicable procurement
claims by RPS-certified facility and generation month for January 1, 2004 -
December 31, 2010 (or the date on which the POU became operational through
December 31, 2010), baseline calculations used to determine the amount of
historic carryover claimed, annual procurement target calculations for
2004-2010, and any other pertinent documentation necessary.
(c) By July 1 of each year, each POU shall
submit an annual report to the Commission that includes the information in
section 3207(c)(1)-(4)
for the prior calendar year. The format for the annual report shall be
specified by the Commission, but the information contained in the annual report
may be combined with other existing reports that contain the same information
and are also supplied to the Commission. If the annual report refers to
information provided to the Commission through existing reports, the annual
report shall reference the information by identifying the name, submittal date,
and page number of the existing report. The annual report shall include an
attestation, signed by an authorized agent of the POU, affirming that the
information provided in the report is true and correct.
(1) POU identifying information, including:
POU name, contact name, mailing address, phone number, and email
address.
(2) RPS annual procurement
information for the prior calendar year, including:
(A) Amount of retail sales to end-use
customers, in MWh, and projected retail sales for the current compliance
period.
(B) Amount of procured
electricity products retired, in MWh, and total projected electricity products
retired for the current compliance period.
(C) WREGIS compliance report for procurement
claims in the prior calendar year. For any procurement claims not tracked
through WREGIS as permitted by the RPS Guidelines, the POU shall report
procurement claims using the process specified in the RPS Guidelines.
(D) An initial, nonbinding classification of
retired electricity products qualifying for each portfolio content category or
qualifying to count in full in accordance with section
3202(a)(2).
(E) An initial, nonbinding classification of
retired electricity products qualifying as long-term or short-term in
accordance with section
3204(d).
(F) Information and supporting contract
documentation for each of the eligible renewable energy resources with which
the POU has executed contracts or ownership agreements during the prior year,
including but not limited to the contracted amount of MWh or the contracted
percentage of the resource's total output, if applicable; resource fuel type;
the execution date of the procurement contract or ownership agreement; the
contract or ownership agreement start date; the duration of the procurement
contract or ownership agreement in accordance with section
3204(d); the
anticipated portfolio content category classification(s) for the electricity
products procured through the contract or ownership agreement; the anticipated
long-term or short-term classification for the electricity products procured
through the contract or ownership agreement; the seller's name, if the resource
is not owned by the POU; a summary of the resource names and identification
numbers; and for long-term contracts, information on how the contract meets the
requirements of section
3204(d),
including the associated page numbers in the contract where the terms can be
located, subject to section
3207(c)(2)(F)1.-2.
1. Upon request from Commission staff, a POU
with a long-term contract pursuant to section
3204(d)(2)(B)2.
shall submit documentation showing that the underlying contract(s) meet the
requirements of section
3204(d)(2)(A)-(C).
For contracts executed prior to July 1, 2020, this documentation may include
excerpted contract information, an attestation by the third-party supplier
regarding the underlying contract duration or ownership of the RPS-certified
facility or facilities, or both.
2.
Documentation demonstrating a long-term contract meets the requirements of
section 3204(d)(2)(A)-(C)
may be submitted directly to the Commission by the third-party supplier or
another party on the POU's behalf. The documentation may include an attestation
by the POU that the contract with the RPS-certified facility or facilities
meets the requirements of section
3204(d)(2)(A)-(C).
An attestation may be submitted only if the POU possesses records to support
the accuracy of the information to which it attests and the POU agrees to make
such records available to the Commission upon request in the event of an audit
or investigation.
(G)
Documentation demonstrating the portfolio content category classification and
long-term or short-term classification claimed for all of the POU's procured
electricity products during the prior year. This documentation may include
contract information, if not previously submitted; interconnection agreements;
NERC e-Tag data; scheduling agreements; and firming and shaping
agreements.
(H) A description of
any modifications to contracts, ownership, or ownership agreements previously
reviewed and evaluated by the Commission from which a POU intends to claim
long-term procurement, including, but not limited to, changes to contract
duration, procurement quantities, addition or substitution of resources or
fuel, reallocation between parties of a jointly negotiated contract, and
efficiency improvements or facility expansions that change procured generation.
The POU's explanation shall include documentation supporting the
modifications.
(I) A description of
any identified issues that occurred that have the potential to delay the POU's
timely compliance with the RPS procurement requirements defined in section
3204, and planned actions to
minimize the delay of timely compliance. Such issues may include, but are not
limited to, inadequate transmission to allow for procurement to be delivered
from eligible renewable energy resources, permitting, interconnection, or other
circumstances that have delayed the procurement from eligible renewable energy
resources, unanticipated curtailment of a contracted or owned eligible
renewable energy resource, an unanticipated increase in retail sales due to
transportation electrification, and higher-than-expected costs for the
procurement or development of eligible renewable energy resources.
(J) A description of the energy consumption
by the POU, including any electricity used by the POU for water pumping, or any
other electricity procured by the POU for purposes other than supplying its
retail sales. The description shall include the purpose of this consumption,
the annual amount in MWh associated with the consumption or other end-use, and
whether the consumption or other end-use was excluded from the POU's retail
sales.
(3) Actions taken
by the POU demonstrating reasonable progress toward meeting its RPS procurement
requirements. The information reported shall include, but not be limited to, a
discussion of the following actions taken by the POU during the prior calendar
year:
(A) Solicitations released to solicit
bid for contracts to procure electricity products from eligible renewable
energy resources to satisfy the POU's RPS procurement requirements.
(B) Solicitations released to solicit bid for
ownership agreements for eligible renewable energy resources to satisfy the
POU's RPS procurement requirements.
(C) Actions taken to develop eligible
renewable energy resources to satisfy the POU's RPS procurement requirements,
including initiating environmental studies, completing environmental studies,
acquiring interests in land for facility siting or transmission, filing
applications for facility or transmission siting permits, and receiving
approval for facility or transmission siting permits.
(D) Interconnection requests filed for
eligible renewable energy resources to satisfy the POU's RPS procurement
requirements.
(E) Interconnection
agreements negotiated and executed for eligible renewable energy resources to
satisfy the POU's RPS procurement requirements.
(F) Transmission-related agreements
negotiated and executed to transmit electricity products procured from eligible
renewable energy resources to satisfy the POU's RPS procurement
requirements.
(G) Other planning
activities to procure electricity products from eligible renewable energy
resources.
(4) In
addition to the information specified in section
3207(c)(3)(A) -
(G), the POU shall include a description of
all actions planned by the POU in the current calendar year to demonstrate
progress toward achieving the POU's RPS procurement requirements. The
description of actions planned shall include, but not be limited to, a
discussion of activities specified in section
3207(c)(3)(A) -
(G).
(5) Review of long-term contracts
(A) Voluntary requests for early review
1. A POU may request the Executive Director
of the Commission to review a contract to determine if the contract qualifies
as a long-term contract pursuant to the requirements of section
3204(d)(2)(A)-(C),
subject to section
3207(c)(5)(A)1.i.-ii.
i. Requests shall be limited to contracts
executed on or after July 1, 2020, which on their face require additional
information or justification to establish that the contracts meet the
requirements of section
3204(d)(2)(C).
For purposes of this section
3207(c)(5)(A), a
contract includes both a contract that has been fully executed by the parties
and a contract that has been fully negotiated by the contracting parties but
not formally approved by the governing board of the POU, as may be necessary.
Contracts that on their face meet the requirements of having reasonably
consistent contracted-for quantities, no zero-cost early termination clauses,
and defined output share or quantities of procurement and minimum pricing
terms, as set forth in sections
3204(d)(2)(C)1.i.-iii.,
3204 (d)(2)(C)2., and 3204 (d)(2)(C)3. respectively, shall not be eligible for
voluntary early review.
ii.
Requests shall be limited to contracts that were not previously reported to the
Commission during the annual reporting process pursuant to this section
3207(c).
2. A complete request for review shall
include the following:
i. A complete copy of
the contract. The request shall also include any relevant underlying
contract(s).
ii. A description of
the contract terms corresponding to each of the long-term contract requirements
and the associated page number(s) in the contract where the terms can be
located.
iii. An explanation of how
the POU has determined that the contract meets the requirements for
classification as long-term.
iv.
Any other information necessary to assess the long-term nature of the
contract.
3. The
Executive Director may establish a voluntary review request form to facilitate
the contract review process.
4. To
the extent possible, the Executive Director, or their designee, shall issue the
determination within ninety (90) days of submission of a complete request by
the POU. Failure to meet the 90-day deadline does not constitute a
determination that the contract qualifies as long-term.
5. The Executive Director, or their designee,
may request additional information from the POU, if necessary, to determine if
the contract meets the requirements of section
3204(d)(2)(A)-(C).
(B) Annual and compliance period review of
long-term contract classification
1. Contracts
reported to the Commission for reporting years ending on or prior to December
31, 2019, and reported to the Commission prior to December 31, 2020
i. During the annual reporting for the
reporting year ending December 31, 2020, or within 30 days of the effective
date of these regulations, whichever is later, each POU shall identify the
long-term or short-term classification for all contracts previously reported to
the Commission pursuant to section
3207(c).
Commission staff shall verify all contract claims specific to the long-term
procurement requirements during the review process to verify procurement claims
for the compliance period ending December 31, 2020.
2. Contracts reported to the Commission for
reporting years after December 31, 2020
i.
Following the POU submittal of new and amended contract information and
supporting documentation during the annual report process specified in section
3207(c),
Commission staff will verify the information provided and review the supporting
documentation submitted. To the extent possible, staff shall complete all
reviews and notify the POU of the verification status within 365 days of the
annual submittal of complete information and supporting
documentation.
(C) A POU may request reconsideration of an
Executive Director determination under section
3207(c)(5)(A) or
a staff determination under section
3207(c)(5)(B) by
filing a petition for reconsideration to the Commission within 30 calendar days
of issuance of the determination. The petition for reconsideration shall be
filed and processed in a manner consistent with a request for investigation
pursuant to sections
1231 -
1232.5.
1. If the long-term contract determination
was made solely by staff under section
3207(c)(5)(B),
the petition for reconsideration shall be filed with and processed by the
Executive Director in a manner consistent with section
1232.
2. If the long-term contract determination
was made by the Executive Director, or their designee, under section
3207(c)(5)(A) or
in conjunction with staff under section
3207(c)(5)(B),
the petition for reconsideration shall be filed with the Executive Director,
who shall submit the request to the Commission Chair for review in a manner
consistent with section
1232.5.
(d) The Commission shall verify a POU's
procurement claims for each compliance period following the process in the RPS
Guidelines. Within 90 days of the POU's receipt of the Commission's draft
verification results, the POU shall submit a compliance report that provides
the following information for the applicable compliance period:
(1) The POU's RPS procurement target for the
compliance period, in MWh.
(2) The
amount of draft verified procurement retired, in MWh, for the compliance period
that the POU applies toward the RPS procurement requirements for the compliance
period. The POU shall report the amount of draft verified procurement applied
from each portfolio content category or meeting the criteria of section
3202(a)(2). For
each portfolio content category, the POU shall additionally report the amount
from each category that is classified as long-term or short-term.
(3) The amount of excess procurement, in MWh,
accrued in previous compliance periods, if any, and historic carryover, if any,
that the POU is applying to the RPS procurement target for the compliance
period. The POU shall report the amount of excess procurement applied from each
portfolio content category or that meets the criteria of section
3202(a)(2) or
historic carryover. For each portfolio content category, the POU shall
additionally report the amount that is classified as long-term or
short-term.
(4) The amount of
excess procurement, in MWh, accrued for the compliance period, if any, that may
be applied toward future compliance periods, as determined by applying the
calculation in section
3206(a)(1)(H) or
section 3206(a)(1)(I)6.,
as applicable. The POU shall report the amount of accrued excess procurement
from each portfolio content category or meeting the criteria of section
3202(a)(2). For
each portfolio content category, the POU shall additionally report the amount
that is classified as long-term or short-term.
(A) For the annual report submitted July 1,
2021, or within 30 days of the effective date of these regulations, whichever
is later, a POU that adopted rules permitting it to make a voluntary early
compliance election pursuant to section
3206(a)(1)(G) or
section 3206(a)(1)(I)3.
shall report on any election made in accordance with its adopted
rules.
(5) If a POU's
compliance report indicates that the POU's RPS procurement requirements were
not met, the POU shall submit copies of its renewable energy resource
procurement plan(s) and enforcement program(s) in effect during the compliance
period, if not previously submitted to the Commission, and provide
documentation to justify the application of any optional compliance measures
adopted by the POU in accordance with section
3206. The documentation shall
include all reports, analyses, proposed findings, and any other information
upon which the POU relied in applying the measure, as well as the amount of the
shortfall each optional compliance measure is intended to satisfy.
(A) If a POU applies adopted cost limitation
measures, the POU shall also report:
1. The
dollar amount corresponding to the POU's adopted cost limitation rules for the
compliance period.
2. The
procurement expenditures made by the POU for the compliance period in
accordance with its cost limitation rules.
3. An explanation of how the POU evaluated
its cost limitation rules.
4. An
explanation of how the POU's adopted cost limitation rules prevent a
disproportionate rate impact.
i. For a POU
that is required to adopt an Integrated Resource Plan pursuant to Public
Utilities Code section
9621,
the POU's explanation shall address any differences relating to the cost and
supply of eligible renewable energy resources and anticipated rate impacts used
in its most recently adopted Integrated Resource Plan.
5. An estimate of the total cost for the POU
to procure sufficient electricity products to meet its RPS procurement
requirements and an explanation of the factors considered in this
estimate.
6. Actions taken in
response to the POU's projected or actual RPS expenditures meeting or exceeding
the cost limitation and/or in response to the POU's evaluation of its cost
limitation rules.
(B) If
a POU applies adopted rules for delaying of timely compliance, the POU shall
also report:
1. A description of the cause for
delay and information showing that the cause for delay is allowed under section
3206(a)(2).
2. The estimated amount of RPS-eligible
generation, in MWh, that would have been procured by the POU but for the cause
of delay, and an explanation of the factors considered in this
estimate.
3. If the cause for delay
was allowed under section
3206(a)(2)(A)1.,
the POU shall provide information showing:
i.
The POU owns transmission or has transmission rights.
ii. The reasonable measures that the POU
undertook under its control and consistent with its obligations under local,
state, and federal laws and regulations to develop and construct new
transmission lines or upgrades to existing lines intended to transmit
electricity generated by eligible renewable energy resources, in light of the
POU's expectation for cost recovery.
iii. The reasonable operational measures that
the POU undertook to maximize cost-effective purchases of electricity from
eligible renewable energy resources in advance of transmission
availability.
4. If the
cause for delay was allowed under section
3206(a)(2)(A)2.,
the POU shall also provide information showing:
i. The POU prudently managed its portfolio
risks, including a description of solicitations held and the anticipated MWh
from viable projects that the POU relied upon to achieve RPS procurement
requirements.
ii. The POU's
attempts to develop either its own eligible renewable energy resources,
transmission to interconnect to eligible renewable energy resources, or energy
storage used to integrate eligible renewable energy resources.
iii. Whether the cause of delay or
insufficient supply could have been foreseen by the POU.
iv. If the delay or insufficient supply was
foreseeable, the POU's efforts to compensate for the delay or insufficient
supply.
v. The reasonable measures
the POU took to procure cost-effective distributed generation and allowable
unbundled RECs.
5. If the
cause for delay was allowed under section
3206(a)(2)(A)3.,
the POU shall also provide information showing that the curtailment event was
unanticipated, the expected amount of eligible renewable energy generation
attributed to the unanticipated curtailment event, whether the unanticipated
curtailment events resulted in an increase in greenhouse gas emissions, and
factors the POU relied upon in making this determination.
6. If the cause for delay was allowed under
section 3206(a)(2)(A)4.,
the POU shall also provide information showing its forecasted amount of retail
sales due to transportation electrification for the compliance period, the
amount of actual retail sales attributed to transportation electrification for
the compliance period, and how the POU considered the requirements of section
3206(a)(2)(A)4.i-ii
when determining that the unanticipated increase in retail sales prevented
timely compliance.
(C) If
a POU applies a portfolio balance requirement reduction measure, the POU shall
also report:
1. The level to which the
portfolio balance requirement for Portfolio Content Category 1 was
reduced.
2. How the need to reduce
the portfolio balance requirements for Portfolio Content Category 1 resulted
because of conditions beyond the POU's control, as provided in section
3206(a)(2).
(6) A POU may request a time extension of the
compliance report due date following the process in the RPS
Guidelines.
(e)
Notwithstanding section
3207(a) - (d), a
POU that meets the criteria listed in Public Utilities Code section
399.30(g)
shall submit to the Commission documentation as specified in section
3204(b)(2).
(f) In addition to the applicable reporting
requirements in section
3207(a) - (d), a
POU that meets the criteria listed in Public Utilities Code section
399.30(j)
shall annually submit to the Commission, by the deadline for annual reports
specified in section
3207(c),
documentation demonstrating that the POU provides electric services to a local
government that is both a city and county of the state and that the POU
receives greater than 67 percent of its electricity sources to meet its
electricity demands on an annual basis from qualified hydroelectric facilities
as defined in section
3204(b)(3). The
Commission may request additional documentation if necessary to determine
whether the POU meets the criteria listed in Public Utilities Code section
399.30(j).
A POU that meets the criteria listed in Public Utilities Code section
399.30(j)
must additionally submit its total electricity demand and documentation of its
annual qualifying hydroelectric generation, and provide evidence that any
electricity demands unsatisfied by its qualifying hydroelectric generation in
any given year are met with procurement from eligible renewable energy
resources, including renewable energy credits.
(g) In addition to the applicable reporting
requirements in section
3207(a) - (d), a
POU that meets the criteria listed in Public Utilities Code section
399.30(h)
shall submit to the Commission, by the deadline for annual reports specified in
section 3207(c) for the
final year of each compliance period, documentation demonstrating that the POU
provides retail electric service to 15,000 or fewer customer accounts in
California, and that it is interconnected to a balancing authority primarily
located outside California but within WECC. The Commission may request
additional documentation if necessary to determine whether the POU meets the
criteria listed in Public Utilities Code section
399.30(h).
(h) In addition to the applicable reporting
requirements in section
3207(a) - (d), a
POU that meets the criteria of section
3204(b)(6)(B) or
(C) shall report as follows:
(1) A POU that meets the criteria specified
in section
3204(b)(6)(B) for
the compliance period beginning January 1, 2014, shall submit by July 1, 2017,
documentation demonstrating that the average annual qualifying hydroelectric
generation as defined in section
3204(b)(6)(A) in
the twenty years preceding the compliance period, or the entire generating
history of the qualifying hydroelectric generation facility, whichever is less,
is greater than 50 percent of the POU's retail sales for the year preceding
that compliance period. The POU must additionally submit documentation to
identify the amounts of qualifying hydroelectric generation produced during the
compliance period, qualifying hydroelectric generation procured by the POU
during the compliance period, and any generation during the compliance period
that would have qualified as qualifying hydroelectric generation as defined in
section 3204(b)(6)(A),
except that it resulted from an increase in the amount of water stored by a
dam, because the dam was enlarged or otherwise modified after December 31,
2012. The Commission may request additional documentation if necessary to
determine whether the POU meets the criteria listed in section
3204(b)(6)(B) and
to determine the amounts of any generation that qualifies as qualifying
hydroelectric generation, or that would have qualified as qualifying
hydroelectric generation, except that it resulted from an increase in the
amount of water stored by a dam, because the dam was enlarged or otherwise
modified after December 31, 2012. Additionally, the Commission may request
additional documentation if necessary to determine whether any amount reported
as qualifying hydroelectric generation includes incremental generation as a
result of efficiency improvements to a large hydroelectric generation facility
eligible for the RPS in accordance with Public Utilities Code section
399.12.5(b).
(2) A POU that meets the criteria specified
in section
3204(b)(6)(C) for
a given reporting year between January 1, 2017, through December 31, 2018,
shall submit to the Commission, by the deadline for annual reports specified in
section 3207(c), or
within 30 days of the effective date of these regulations, whichever is later,
the following:
(A) The amount of generation
that meets the definition of qualifying hydroelectric generation in section
3204(b)(6)(A) for
the reporting year.
(B) Any
additional documentation requested by the Commission if necessary to determine
whether the POU meets the criteria of section
3204(b)(6)(C) and
to determine the amounts of any generation that is or would have been
qualifying hydroelectric generation, except that it resulted from an increase
in the amount of water stored by a dam, because the dam was enlarged or
otherwise modified after December 31, 2012.
(i) In addition to the applicable reporting
requirements in section
3207(a)-(d), a
POU that meets the criteria specified in section
3204(b)(7) for a
given reporting year between January 1, 2016, through December 31, 2018, shall
submit to the Commission, by the deadline for annual reports specified in
section 3207(c), or
within 30 days of the effective date of these regulations, whichever is later,
the following:
(1) The amount of generation,
in MWh, that the POU procured for the reporting year from large hydroelectric
generation as defined in section
3204(b)(7)(A).
(2) Information showing that the amount of
large hydroelectric generation, as defined in section
3204(b)(7)(A),
procured for the reporting year is greater than 50 percent of the POU's retail
sales for the reporting year.
(3)
Any and all agreements for large hydroelectric generation meeting the criteria
of section
3204(b)(7)(A),
including any renewals or extensions of the agreements.
(4) A narrative explaining how the generation
reported in section
3207(i)(1)
satisfies the requirements of large hydroelectric generation provided in
section 3204(b)(7)(A).
(A) If the agreements effective January 1,
2015, or renewals or extensions of those agreements, include generation that
does not meet the definition of large hydroelectric generation provided in
section 3204(b)(7)(A),
the POU's narrative shall demonstrate that only generation meeting the
definition of large hydroelectric generation in section
3204(b)(7)(A) is
reported in section
3207(i)(1).
(5) Annual retail sales for the reporting
year, for a POU that is a joint powers authority of districts established
pursuant to state law on or before January 1, 2005, that furnishes electric
services other than to residential customers, and is formed pursuant to the
Irrigation District Law (Division 11 [commencing with section 20500] of the
Water Code).
(6) Any additional
documentation requested by the Commission necessary to determine whether the
POU meets the criteria specified in section
3204(b)(7) and to
determine the amount of generation that qualifies as large hydroelectric
generation as defined in section
3204(b)(7)(A).
(j) In addition to the applicable reporting
requirements in section
3207(a)-(d), a
POU that meets the criteria specified in section
3204(b)(8) for
any given reporting year between January 1, 2019, and December 31, 2030, shall
submit to the Commission, by the deadline for annual reports specified in
section 3207(c), or
within 30 days of the effective date of these regulations, whichever is later,
the following:
(1) The amount of generation,
in MWh, that the POU procured for the reporting year from large hydroelectric
generation as defined in section
3204(b)(8)(A).
(2) Information showing that the amount of
large hydroelectric generation, as defined in section
3204(b)(8),
procured for the reporting year is greater than 40 percent of the POU's retail
sales for the reporting year.
(3)
Any and all agreements for large hydroelectric generation meeting the criteria
of section
3204(b)(8)(A),
including any amendments, extensions, or renewals of the agreements.
(4) A narrative explaining how the generation
reported in section
3207(j)(1)
satisfies the requirements of large hydroelectric generation provided in
section 3204(b)(8)(A) and
whether there have been any changes to the agreements, renewals, and
extensions, including, but not limited to, changes in ownership, changes in
contract quantity or allocation percentage, or planned incremental efficiency
upgrades to the hydroelectric facilities.
(A)
If the agreements, renewals, or extensions include generation that does not
meet the definition of large hydroelectric generation in section
3204(b)(8)(A),
the narrative shall include documentation demonstrating that only generation
meeting the definition of large hydroelectric generation in section
3204(b)(8)(A) is
reported in section
3207(j)(1).
(5) Annual retail sales for the reporting
year, for a POU that is a joint powers authority of districts established
pursuant to state law on or before January 1, 2005, that furnishes electric
services other than to residential customers, and is formed pursuant to the
Irrigation District Law (Division 11 [commencing with section 20500] of the
Water Code).
(6) Any additional
documentation requested by the Commission necessary to determine whether the
POU meets the criteria specified in section
3204(b)(8) and to
determine the amount of generation that qualifies as large hydroelectric
generation as defined in section
3204(b)(8)(A).
(k) In addition to the applicable reporting
requirements in section
3207(a)-(d), a
POU that elects to exclude from its retail sales the eligible renewable energy
resources credited to participating customers in the POU's voluntary green
pricing or shared renewable generation program in accordance with section
3204(b)(9), shall
report the following information annually by the deadline for annual reports
specified in section
3207(c), or
within 30 days of the effective date of these regulations, whichever is later:
(1) A description of the POU's voluntary
green pricing or shared renewable generation program.
(2) The total number of kilowatt-hours,
reported to the nearest MWh, of electricity products from eligible renewable
energy resources procured for the reporting year that were credited to
participating customers in accordance with the requirements of section
3204(b)(9).
(3) Documentation, including WREGIS reports,
demonstrating that the RECs associated with the qualifying electricity products
provided under the POU's voluntary green pricing or shared renewable generation
program were retired in a WREGIS subaccount designated for the benefit of the
participating customers and were not further transferred, sold, or
monetized.
(4) The total quantity
of qualifying electricity products, in MWhs, procured by the POU and excluded
from its annual retail sales.
(5)
Documentation demonstrating that the RECs associated with the qualifying
electricity products excluded from the POU's retail sales were procured from
eligible renewable energy resources and meet the criteria in section
3203(a), except
as provided in section
3204(b)(9)(B)2.i.
(6) A description of how the POU sought to
procure, to the extent possible, the qualifying electricity products excluded
from the POU's retail sales from eligible renewable energy resources located
within a California balancing authority area, except as provided in section
3204(b)(9)(B)4.i.
This description shall include an explanation of the factors the POU considered
and measures it took in seeking to procure within a California balancing
authority area, and the POU's procurement decision
outcomes.
(l) In addition
to the applicable reporting requirements in section
3207(a)-(d), a
POU that meets the criteria of section
3204(b)(10) shall
submit to the Commission, by July 1, 2025, the following information:
(1) The total quantity, in MWh, of qualifying
procurement of coal-fired generation procured by the POU during the compliance
period beginning January 1, 2021.
(2) A copy of the POU's procurement contract
or ownership agreement for the qualifying procurement of coal-fired
generation.
(3) A copy of the POU's
renewable energy resources procurement plan, if not previously provided to the
Commission, demonstrating that the POU met the requirements of section
3204(b)(10)(B).
(m) In addition to the applicable reporting
requirements in section
3207(a)-(d),
starting with the compliance period beginning January 1, 2025, a POU that
reduces its procurement target pursuant to section
3204(b)(11) shall
submit to the Commission, by the deadline for annual reports specified in
section 3207(c) for the
final year of each compliance period, the following information:
(1) The quantity, in MWh, of generation from
a qualifying gas-fired power plant for each year of the compliance
period.
(2) Documentation
demonstrating that the qualifying gas-fired power plant meets the criteria of
Public Utilities Code section
399.33(a).
This documentation may include, but is not limited to: findings adopted by the
POU's governing board, adopted city council resolutions, proof of facility
ownership, financial records, compliance filings, and/or wage schedules or
other such documents for facility employees.
(3) The nameplate capacity of the facility
and the POU's calculation of the facility's capacity factor for each year of
the compliance period based on the facility's annual generation for that
year.
(4) Documentation
demonstrating the POU's efforts to sell the qualifying gas-fired power plant or
gas-fired power plant generation to mitigate against the reduction of
generation below a 20 percent capacity factor.
(5) Documentation demonstrating that
additional procurement of eligible renewable energy resources or zero carbon
generation resources resulted in the power plant operating at, or below, a 20
percent capacity factor on an average annual basis during the compliance
period.
(6) Any additional
documentation requested by the Commission necessary to determine whether the
POU meets the criteria specified in Public Utilities Code section
399.33(a)
and satisfied the requirements of section
3204(b)(11).
(7) The reporting requirements of this
section 3207(m) apply
only to a POU that has availed itself of the provisions of section
3204(b)(11) by
notifying the Commission by April 1, 2019, of its intent to act pursuant to
section 3204(b)(11).
(n) In addition to the applicable reporting
requirements in section
3207(a)-(d), a
POU that meets the criteria of Public Utilities Code section
399.18
shall submit to the Commission, by the deadline for annual reports specified in
section 3207(c) for the
final year of each compliance period, or within 30 days of the effective date
of these regulations, whichever is later, documentation demonstrating that the
POU satisfied the criteria for that compliance period.
(o) In addition to the applicable reporting
requirements in section
3207(a)-(d), a
POU may be required to submit any additional information needed to demonstrate
compliance with an RPS procurement requirement or any other RPS-related
requirement upon request from Commission.
(p) Incorrect, incomplete, or missing
reports.
(1) If the Executive Director
determines a report submitted by a POU pursuant to this section is incorrect or
incomplete, or if the POU did not submit a report by the deadline, the
Executive Director shall issue a written notice to the POU specifying what
information is missing or needs to be corrected in the report or, in the case
of an unsubmitted report, that the report is past due. If a POU submits the
missing or correct information or a complete report to the Commission within
ten (10) business days of receipt of such notice, or such later date as
specified in the notice, the POU's initial failure to submit a complete and
correct report by the reporting deadline shall not be processed as a separate
violation under these regulations. Written notices issued pursuant to this
subdivision may include e-mail or other written communications.
(2) A POU may request an extension of time to
submit the missing or correct report information or the missing report
specified in the written notice issued by the Executive Director. Such a
request for an extension of time must be received by the Commission no later
than the date the missing or correct information or missing report is due to
the Commission as specified in the Executive Director's written notice. The
Executive Director shall act on a request for an extension of time within five
business days after it is received by the Commission and may grant an extension
of time of up to 30 calendar days from the date the missing or correct report
information or missing report is due under the written notice if the Executive
Director finds that there is good cause for an extension. The POU's initial
failure to submit a complete and correct report shall not be deemed a separate
violation under these regulations if the Commission receives the complete or
correct report information or missing report by the date specified in the
extension. In determining whether good cause exists for purposes of this
subdivision, the Executive Director may consider, without limitation, the
following factors:
(A) Whether the POU was
diligent in gathering the information necessary to submit a complete and
correct report to the Commission and preparing the report for submission by the
due date.
(B) Whether there were
circumstances beyond the control of the POU that prevented the POU from
gathering and producing a complete and correct report to the Commission by the
due date.
(C) Whether the extension
of time is likely to enable the POU to submit a complete and correct report by
the extended due date.
1. New section
filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2.
Amendment of subsections (c) and (c)(2)(F), repealer and new subsection
(c)(2)(I), new subsections (g)-(h) and subsection relettering filed 4-12-2016;
operative 4-12-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 16).
3. Amendment of section and NOTE filed
7-12-2021; operative 7-12-2021 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 29).
4. Change without regulatory effect
amending subsections (c)(5)(A)4.-5., (c)(5)(C)2. and (p)(1)-(2) filed 8-24-2022
pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 34).
Note: Authority cited: Sections
25213
and
25218(e),
Public Resources Code; and Sections
399.30
and
9508,
Public Utilities Code. Reference: Section
25747,
Public Resources Code; and Sections
399.13,
399.15,
399.16,
399.18,
399.30,
399.33,
9507
and
9508,
Public Utilities Code.
