Current through September 9, 2024
(a)
Electric
Supplier Annual Reporting Requirement. Each electric supplier shall submit to
the Authority annually, on or before the date published by the Authority in its
annual notice of the renewable energy portfolio compliance docket, a report
demonstrating such electric supplier's compliance with the renewable energy
portfolio standards set forth in sections 16-245a and 16-243q of the Connecticut
General Statutes and in any other applicable law, for the previous calendar year.
The report shall be based exclusively on certificates issued by the NEPOOL GIS. The
electric supplier shall submit a report to the Authority pursuant to this subsection
regardless of whether such electric supplier served load during the previous
calendar year. The report, which shall be completed accurately and in its entirety,
shall be on a form prescribed by the Authority, which may include the following
information:
(1) Name, address and phone number of
the electric supplier;
(2) Name,
address, phone number and electronic mail address of the contact person of the
electric supplier;
(3) Amount of full
load served, renewable energy certificates required, renewable energy certificates
purchased, renewable energy certificates deficient, and alternative compliance
payments owed;
(4) Copies of all
quarterly and annual reports issued by the NEPOOL GIS during the previous calendar
year;
(5) The per cent of total output
or services generated from Class I renewable energy sources and Class II renewable
energy sources and obtained from Class III sources to meet the renewable energy
portfolio standards during the previous calendar year;
(6) The electric supplier's calculations used to
determine the percentages provided in subdivision (5) of this subsection;
(7) Any revisions necessary to the amount of the
security as a result of variations in the amount of the forecast year load pursuant
to subdivision (2) of subsection (b) of this section;
(8) An attestation that the electric supplier is
in compliance with the requirement in subsection (b) of this section to maintain a
security, except that no attestation shall be necessary for any such electric
supplier exempt from such requirement pursuant to subdivision (5) of said
subsection; and
(9) Any other
information which the Authority deems necessary.
(b)
Renewable Energy Portfolio Standards
Security.
(1) In addition to the security
required by section 16-245-4 of the Regulations of Connecticut State Agencies, each
electric supplier shall maintain a renewable energy portfolio standards security
with the Authority equal to the full alternative compliance payment that the
electric supplier would be required to pay to the Authority pursuant to section
16-245(k) of the Connecticut General Statutes based on the forecast year load. The
forecast year load shall be the amount of the full load served by the electric
supplier during the previous calendar year, as adjusted to account for changes in
the type and quantity of customers to be served in the forecast year. An electric
supplier that was granted a license by the Authority pursuant to section 16-245 of
the Connecticut General Statutes during the previous calendar year shall maintain a
renewable energy portfolio standards security in the amount of twenty-five thousand
dollars ($25,000) or in an amount equal to the full alternative compliance payment
for such electric supplier's projected load for its first year of operations,
whichever is greater. The security shall:
(A) Be
continuous without an expiration date during the term of the electric supplier's
license and shall be revised annually as required pursuant to subdivision (2) of
this subsection to account for any change in the forecast year load;
(B) Name the Authority as obligee; and
(C) Be used to make payments as directed by the
Authority for any and all financial liabilities that the Authority assesses against
the electric supplier for failure to comply with any renewable energy portfolio
standards, including alternative compliance payment obligations and violations for
failing to submit proper reports, that the Authority determines the electric
supplier shall pay pursuant to section 16-41, 16-245 or 16-245a of the Connecticut
General Statutes or this section.
(2) Annually, an electric supplier shall review
the amount of its security. If the amount of the electric supplier's security is
insufficient to pay at least ninety per cent of the full alternative compliance
payment that the electric supplier would be required to pay to the Authority
pursuant to section 16-245(k) of the Connecticut General Statutes based on the
forecast year load, the electric supplier shall increase the security maintained
pursuant to subdivision (1) of this subsection to an amount sufficient to pay the
full alternative compliance payment obligation due for the forecast year load. As
part of the annual renewable energy portfolio compliance docket, the Authority shall
instruct electric suppliers regarding the procedure for submitting updated security
to comply with the security requirements of this subsection and section 16-245-4 of
the Regulations of Connecticut State Agencies.
(3) All security amounts shall be rounded to the
nearest thousand-dollar value.
(4) The
amount of security maintained to comply with this subsection may be satisfied by (A)
adding the amount of security required by this subsection to the security the
electric supplier uses to comply with the security requirements of section 16-245-4 of the Regulations of Connecticut State Agencies, or (B) maintaining a separate
security in the amount required by this subsection.
(5) The requirement in this subsection to maintain
a security shall not apply to electric suppliers providing generation supply to
electric distribution companies for standard service load.
(c)
Requirement to Independently Manage
NEPOOL GIS Accounts. An electric supplier shall be responsible for
independently managing its NEPOOL GIS renewable energy certificate accounts
throughout the year. The Authority shall not accept or review a request from an
electric supplier to reallocate renewable energy certificates into or out of the
electric supplier's NEPOOL GIS accounts or subaccounts, or both.
(d)
Annual Monthly and Total Load Settlement
Data Reporting Requirement. Electric distribution companies shall make
available to an electric supplier the electric supplier's monthly load settlement
data. Each electric distribution company shall submit to the Authority and each
electric supplier, on or before the date published by the Authority in its annual
notice of the renewable energy portfolio compliance docket, a report on a form
prescribed by the Authority that summarizes the electric supplier's monthly and
total load settlement data for the previous calendar year.
(e)
Electric Distribution Company Annual
Reporting Requirement. Each electric distribution company shall submit to the
Authority annually, on or before the date published by the Authority in its annual
notice of the renewable energy portfolio compliance docket, a report demonstrating
such electric distribution company's compliance with the renewable energy portfolio
standards set forth in sections 16-245a and 16-243q of the Connecticut General
Statutes, and in any other applicable law, for the previous calendar year. The
report shall be based exclusively on certificates issued by the NEPOOL GIS. The
report, which shall be completed accurately and in its entirety, shall be on a form
prescribed by the Authority, which may include the following information:
(1) Name, address and phone number of the electric
distribution company;
(2) Name, address,
phone number and electronic mail address of the contact person of the electric
distribution company;
(3) Amount of load
served, renewable energy certificates required, renewable energy certificates
purchased, renewable energy certificates deficient, and alternative compliance
payments owed;
(4) Copies of all
quarterly and annual reports issued by the NEPOOL GIS during the previous calendar
year;
(5) The per cent of total output
or services generated from Class I renewable energy sources and Class II renewable
energy sources and obtained from Class III sources to meet the renewable energy
portfolio standards during the previous calendar year;
(6) The electric distribution company's
calculations used to determine the percentages provided in subdivision (5) of this
subsection; and
(7) Any other
information which the Authority deems necessary.
(f)
Operating Rules. Certificates for
renewable energy power generated within NEPOOL shall be accounted for in accordance
with the operating rules of the NEPOOL GIS in effect during the calendar year in
which such certificates were generated.
(g)
Banking of Renewable Energy
Certificates. An electric distribution company or electric supplier may bank
renewable energy certificates for Class I renewable energy sources, Class II
renewable energy sources and Class III sources in accordance with this subsection.
An electric distribution company or electric supplier may bank renewable energy
certificates in one year to comply with the renewable energy portfolio standards in
either of the following two years, provided the electric distribution company or
electric supplier, as applicable, has complied with the renewable energy portfolio
standards in the year in which the electric distribution company or electric
supplier wants to bank the renewable energy certificates. In addition, the electric
distribution company or electric supplier shall demonstrate to the satisfaction of
the Authority that:
(1) The banked renewable energy
certificates were in excess of the renewable energy certificates needed for
compliance in the year such banked renewable energy certificates were generated, and
the excess renewable energy certificates have not previously been used for
compliance with section 16-245a(a) or section 16-243q(a) of the Connecticut General
Statutes;
(2) The banked renewable
energy certificates for Class I renewable energy sources do not exceed thirty per
cent of the Class I renewable energy sources needed by the electric distribution
company or electric supplier for compliance in the year such certificates were
generated;
(3) The banked renewable
energy certificates for Class II renewable energy sources do not exceed thirty per
cent of the Class II renewable energy sources needed by the electric distribution
company or electric supplier for compliance in the year such certificates were
generated;
(4) The banked renewable
energy certificates for Class III sources do not exceed thirty per cent of the Class
III sources needed by the electric distribution company or electric supplier for
compliance in the year such certificates were generated;
(5) The banked renewable energy certificates have
not otherwise been, nor will be, sold, retired, claimed or represented as part of
the total output or services of the electric distribution company or electric
supplier, or used to satisfy obligations in jurisdictions other than Connecticut;
and
(6) The electric distribution
company or electric supplier filed with the Authority the required forms and
supporting documents, posted on the Authority's Internet web site, to verify the use
of and accurate reporting of banked renewable energy certificates.
(h)
Renewable Energy Portfolio
Deficiencies. The Authority may review an electric supplier's or electric
distribution company's compliance filings at any time after such electric supplier
or electric distribution company submits to the Authority the annual report required
under subsection (a) or (e), as applicable, of this section. Any electric supplier
or electric distribution company that violates any provision of this section,
including the requirement to file accurate load data or renewable energy portfolio
standards information in its annual report or to maintain an appropriate security,
shall be subject to civil penalties by the Authority in accordance with the
procedures contained in section 16-41 of the Connecticut General Statutes.