Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II
Section 15.06 - Statement of Qualification Process for RPS Class II Renewable Generation Units

Universal Citation: 225 MA Code of Regs 225.15

Current through Register 1518, March 29, 2024

(1) Statement of Qualification Application (SQA). An SQA shall be submitted to the Department by the Owner or Operator of the Generation Unit or Aggregation. The applicant must use the most current forms and associated instructions provided by the Department, and must include all information, documentation, and assurances required by such forms and instructions.

(2) Review Procedures.

(a) The Department will notify the applicant when the SQA is administratively complete or if additional information is required pursuant to 225 CMR 15.06(1).

(b) The Department may, in its sole discretion, provide an opportunity for public comment on any SQA.

(3) Issuance or Non-issuance of an SQ.

(a) If the Department finds that all or a portion of the electrical energy output of a Generation Unit or of an Aggregation meets the requirements for eligibility as RPS Class II Renewable Generation pursuant to 225 CMR 15.05, the Department will provide the Owner or Operator of such Generation Unit or Aggregation with an SQ.

(b) The Statement of Qualification shall include any applicable restrictions and conditions that the Department deems necessary to ensure compliance by a particular Generation Unit or Aggregation with the provisions of 225 CMR 15.00.

(c) If the Generation Unit or Aggregation does not meet the requirements for eligibility as an RPS Class II Renewable Generation Unit, the Department shall provide written notice to the Owner or Operator, including the Department's reasons for such finding.

(4) RPS Effective Date. The RPS Effective Date shall be the earliest date on which electrical energy output of an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit can result in the creation of RPS Class II GIS Certificates, with the following limitations:

(a) In the case of a Generation Unit using Eligible Biomass Fuel, the RPS Effective Date shall not be earlier than the date on which the Department determines that the Biomass Generation Unit has commenced compliance with the low-emission conditions in its SQ;

(b) In the case of a Hydroelectric Energy Generation Unit, the RPS Effective Date shall not be earlier than the date on which the Department determined that the Generation Unit has commenced compliance with the environmental conditions in its SQ; and

(c) In the case of a Waste Energy Generation Unit, the RPS Effective Date shall not be earlier than the date on which the Department determines that the Waste Energy Generation Unit has commenced compliance with the recycling program conditions in its SQ.

In no instance shall the RPS Effective Date occur before January 1, 2009.

(5) Notification Requirements for Change in Eligibility Status. The Owner or Operator of an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit shall notify the Department of any changes in the technology, operation, emissions, fuel sources, energy resources, or other characteristics of the Generation Unit that may affect the eligibility of the Generation Unit as an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit. The Owner or Operator shall submit the notification to the Department no later than five days following the end of the month during which such changes were implemented. The notice shall state the date the changes were made to the RPS Class II Renewable Generation Unit or Waste Energy Generation Unit and describe the changes in sufficient detail to enable the Department to determine if a change in eligibility is warranted.

(6) Notification Requirements for Change in Ownership, Generation Capacity, or Contact Information. The Owner or Operator of an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit shall notify the Department of any changes in the ownership, operating entity, generation capacity, NEPOOL GIS account, independent verification system for the Generation Unit's or Aggregation's electrical energy output, or contact information for the Generation Unit or Aggregation. The Owner or Operator shall submit the notification to the Department no later than five days following the end of the month during which such changes were implemented.

(7) Suspension or Revocation of Statement of Qualification. The Department may suspend or revoke a Statement of Qualification if the Owner or Operator of an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit fails to comply with 225 CMR 15.00 or if a Generation Unit does not operate during a consecutive 12-month period.

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