Current through Register 1518, March 29, 2024
(1)
Standard
Compliance. Each Retail Electricity Supplier shall be deemed to be
in compliance with
225 CMR 16.00 if the
information provided in the Compliance Filing submitted pursuant to
225 CMR
16.09 is true and accurate and demonstrates
compliance with
225 CMR
16.07. A Retail Electricity Supplier shall
demonstrate to the satisfaction of the Department that APS Alternative
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 APS Alternative Generation Attributes produced in one Compliance Year for
compliance in either or both of the two subsequent Compliance Years, subject to
the limitations in 225 CMR 16.08(2) and provided that the Retail Electricity
Supplier is in compliance with
225 CMR 16.00 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 APS Alternative
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 16.00;
(b) do not exceed 30% of the APS Alternative
Generation Attributes needed by the Retail Electricity Supplier for compliance
with the APS Minimum Standard in the year they were generated, subject to
225 CMR
16.09(2)(d);
(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. A Retail Electricity Supplier
may discharge its obligations under
225 CMR
16.07, in whole or in part, for any
Compliance Year by making an Alternative Compliance Payment (ACP) to the
Massachusetts Clean Energy Technology Center, established by M.G.L. c. 23J,
§ 2. Such funds shall be held in an account separate from other accounts
of the Corporation.
(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
16.07(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 APS Minimum Standard
shall be $20 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.
3. The Retail Electricity Supplier shall
include with its Annual Compliance Filing copies of any ACP receipt(s) for ACPs
made to the Massachusetts Clean Energy Technology Center during the Compliance
Year.
(b)
Use
of Funds. The Department shall oversee the use of ACP funds by
Massachusetts Clean Energy Technology Center, so as to further the commercial
development of Alternative Generation.
