Current through Register 1518, March 29, 2024
(1)
Standard
Compliance. Each Retail Electricity Supplier shall be deemed to be
in compliance with
225 CMR
15.00 if the information provided in the Compliance
Filing submitted pursuant to
225
CMR 15.09 is true and accurate and
demonstrates compliance with
225
CMR 15.07. A Retail Electricity Supplier
shall demonstrate to the satisfaction of the Department that RPS Class II
Renewable Generation Attributes and RPS Class II Waste Energy Generation
Attributes used for compliance have not otherwise been, nor will be, sold,
retired, claimed, used or represented as part of electrical energy output or
sales, or used to satisfy obligations in jurisdictions other than
Massachusetts.
(2)
Banked Compliance. A Retail Electricity Supplier may
use RPS Class II Renewable Generation Attributes and RPS Class II Waste Energy
Generation Attributes produced in one Compliance Year for compliance over the
course of the following two subsequent Compliance Years, subject to the
limitations in
225
CMR 15.08(2) and provided
that the Retail Electricity Supplier is in compliance with
225 CMR
15.00 for all previous Compliance Years. In addition,
the Retail Electricity Supplier shall demonstrate to the satisfaction of the
Department that such Attributes:
(a) were in
excess of the RPS Class II Renewable Generation Attributes and RPS Class II
Waste Energy Generation Attributes needed for compliance in the Compliance Year
in which they were generated, and that such excess Attributes have not
previously been used for compliance with
225 CMR
15.00;
(b)
do not exceed 30% of the RPS Class II Renewable Generation Attributes and 30%
of the RPS Class II Waste Energy Generation Attributes needed by the Retail
Electricity Supplier for compliance with the RPS Class II Renewable Generation
Minimum Standard, and RPS Class II Waste Energy Minimum Standard in the year
they were generated, subject to
225
CMR 15.09(2)(d) and subject
to the following limitations:
1. In Compliance
Years 2014 and 2015 no excess RPS Class II Waste Energy Generation Attributes
shall be available as Banked Compliance; and
2. Commencing with Compliance Year 2016,
bankable excess RPS Class II Waste Energy Generation Attributes shall not
exceed 5% of the RPS Class II Waste Energy Generation Attributes needed by the
Retail Electricity Supplier for compliance with the RPS Class II Waste Energy
Minimum Standard in the year they were generated.
(c) were produced during the Compliance Year
in which they are claimed as excess by the generation of electrical energy sold
to End-use Customers in the ISO-NE Control Area, by the generation of
electrical energy on End-use Customers' sides of retail meters in the ISO-NE
Control Area, or by the generation of electrical energy from Off-grid
Generation Units in Massachusetts; and
(d) have not otherwise been, nor will be,
sold, retired, claimed or represented as part of electrical energy output or
sales, or used to satisfy obligations in jurisdictions other than
Massachusetts.
(3)
Alternative Compliance for RPS Class II Renewable Generation
Minimum Standard. A Retail Electricity Supplier may discharge its
obligations under
225
CMR 15.07(1), in whole or in
part, for any Compliance Year by making an ACP to the MassCEC. Such funds shall
be held in an account separate from other accounts of the MassCEC.
(a)
Procedures. A
Retail Electricity Supplier shall receive Alternative Compliance Credits from
the Department, subject to the following:
1.
The quantity of Credits, specified in MWhs, that can be applied to its
obligations under
225
CMR 15.07(1) shall be
determined by calculating the ratio of the total of ACPs paid for the
Compliance Year to the ACP Rate for that Compliance Year.
2. The ACP Rate for the RPS Class II
Renewable Generation Minimum Standard shall be $25 per MWh for Compliance Year
2009. For each subsequent Compliance Year, the Department shall publish the ACP
Rate by January 31st of the Compliance Year. The ACP
Rate shall be equal to the previous year's ACP Rate adjusted up or down
according to the previous year's Consumer Price Index. The ACP Rate for the RPS
Class II Renewable Generation Minimum Standard shall not exceed $35 per MWh for
any given Compliance Year.
3. The
Retail Electricity Supplier shall include with its Annual Compliance Filing
copies of any ACP receipt(s) for ACPs made to the MassCEC during the Compliance
Year.
(b)
Use
of Funds. The Department shall oversee the use of ACP funds by the
MassCEC.
(4)
Alternative Compliance for RPS Class II Waste Energy Minimum
Standard. A Retail Electricity Supplier may discharge its
obligations under
225
CMR 15.07(2), in whole or in
part, for any Compliance Year by making an ACP to the MassCEC. Such funds shall
be held in an account separate from other accounts of the MassCEC.
(a)
Procedures. A
Retail Electricity Supplier shall receive Alternative Compliance Credits from
the Department, subject to the following:
1.
The quantity of Alternative Compliance Credits, specified in MWhs, that can be
applied to its obligations under
225
CMR 15.07(2) shall be
determined by calculating the ratio of the total of ACPs paid for the
Compliance Year to the ACP Rate for that Compliance Year.
2. The ACP Rate for the RPS Class II Waste
Energy Minimum Standard shall be $10 per MWh for Compliance Year 2009. For each
subsequent Compliance Year, the Department shall publish the ACP Rate by
January 31st of the Compliance Year. The ACP Rate
shall be equal to the previous year's ACP Rate adjusted up or down according to
the previous year's Consumer Price Index. In Compliance Year 2021 through 2025,
the ACP Rate for the RPS Class II Waste Energy Minimum Standard shall be equal
to the ACP Rate for the RPS Class II Renewable Energy Minimum Standard set
pursuant to
225
CMR 15.08(3)(a)2., but shall
be $11.50 per MWh beginning in 2026.
3. The Retail Electricity Supplier shall
include with its Annual Compliance Filing copies of any ACP receipt(s) for ACPs
made to the MassCEC during the Compliance Year.
(b)
Use of Funds.
The Department shall oversee the use of ACP funds by the MassCEC.
(5) Beginning in 2025 and every
five years thereafter, the Department shall conduct a review of the ACP Rate
and consult with DEP on the ACP Rate for the RPS Class II Waste Energy Minimum
Standard to ensure consistency with the solid waste master plan. Following
stakeholder comment and input on the review of the ACP Rate, the Department may
modify the rate for the following five years.
