Current through all regulations passed and filed through December 11, 2023
(A) The following resources or technologies,
if they have a placed-in-service date of January 1, 1998, or after, are
qualified resources for meeting the qualified renewable energy resource
benchmarks:
(1) Solar photovoltaic or solar
thermal energy.
(2) Wind
energy.
(3) Hydroelectric
energy.
(4) Geothermal
energy.
(5) Solid waste energy
derived from fractionalization, biological decomposition, or other process that
does not principally involve combustion.
(6) Biomass energy.
(7) Energy from a fuel cell.
(8) A storage facility, if it promotes the
better utilization of a renewable energy resource. The amount of energy that
may qualify from a storage facility is the amount of electricity discharged
from the storage facility.
(9)
Abandoned coal mine methane energy.
(10) Waste energy recovery system placed into
service or retrofitted on or after September 10, 2012, as defined in division
(A)(38)(a) of section
4928.01 of the Revised Code. The
portion of the electricity production that is generated from recovered waste
energy shall be recognized as renewable.
(11) A waste energy recovery system defined
in division (A)(38)(b) of section
4928.01 of the Revised Code,
provided that it was placed into service between January 1, 2002, and December
31, 2004.
(12) A renewable energy
resource created on or after January 1, 1998, by the modification or retrofit
of any facility placed in service prior to January 1, 1998.
(13) Ohio run-of-the-river hydroelectric
facility.
(14) Small hydroelectric
facility, regardless of placed in-service date.
(15) Biologically-derived methane gas
resources, including biologically derived methane gas resources that are not
converted to electricity, excluding biologically-derived methane gas resources
used solely for the purpose of flaring. This includes heat captured from a
generator of electricity, boiler, or heat exchanger fueled by biologically
derived methane gas; and compressed natural gas produced from biologically
derived methane gas.
(a) The producer of the
biologically derived methane gas must adequately demonstrate measurement,
verification, and quantity of biologically derived methane gas produced on a
continuing basis. The method used for measuring and calculating the
biologically derived methane gas produced must be approved in advance by the
commission as part of the facility certification process.
(b) The energy derived
from biologically derived methane gas shall be measured and verified in
accordance with applicable tracking system requirements. For the purposes of
converting the quantity of energy derived from biologically derived methane gas
to an electricity equivalent, one megawatt hour equals 3,412,142 British
thermal units. The producer must demonstrate adequate energy content, in
British thermal units, and metering accuracy. Biologically derived methane gas
shall be reported in megawatt hours.
(16) Distributed generation system used by a
customer to generate electricity from one of the resources or technologies
listed in paragraphs (A)(1) to (A)(15) of this rule.
(B) The following new or existing mercantile
customer-sited resources may be qualified resources for meeting electric
utilities' annual renewable energy resource benchmarks, as applicable, provided
that it uses a renewable energy resource and that the mercantile customer
commits the resource for integration into the electric utility's
demand-response, energy efficiency, or peak-demand reduction programs pursuant
to rule
4901:1-39-07 of the
Administrative Code and division (A)(2)(c) of section
4928.66 of the Revised Code:
(1) Electric generation equipment that uses a
renewable energy resource and is owned or controlled by a mercantile
customer.
(2) A resource that
improves the relationship between real and reactive power.
(3) A mercantile customer-owned or controlled
resource that makes efficient use of waste heat or other thermal
capabilities.
(4) Storage
technology that allows a mercantile customer more flexibility to modify its
demand or load and usage characteristics.
(5) Electric generation equipment owned or
controlled by a mercantile customer that uses a renewable energy
resource.
(C) An
electric utility or electric services company may use RECs and S-RECs, as
applicable, to satisfy all or part its qualifying renewable energy resource
benchmarks.
(1) To be eligible for use
towards satisfying a benchmark, a REC or S-REC must originate from a facility
that has been certified by the commission under paragraph (D) of this
rule.
(2) To become certified under
paragraph (D) of this rule, an electric generating facility or a qualifying
non-electric source, must demonstrate that it satisfies the following:
(a) The definition of a renewable energy
resource, including solar energy resources;
(b) The applicable placed in-service
date;
(c) The deliverability
requirement;
(d) It is registered
with, or commits to become registered with, an attribute tracking system
recognized by the commission;
(e)
The facility's electrical output is measured by a utility-grade meter in
compliance with paragraph (B) of rule
4901:1-10-05 of the
Administrative Code, for facilities with generating capacity of more than six
kilowatts. Gas meters for measuring qualifying gas resources shall comply with
the accuracy requirements in section
4933.09 of the Revised Code;
and
(f) All other requirements as
delineated in the certification application.
(3) To demonstrate compliance with a
renewable energy resource benchmark, an electric utility or electric services
company must retire the RECs and S-RECs with any of the following attribute
tracking systems:
(a) The PJM EIS generation
attributes tracking system (GATS);
(b) The midwest renewable energy tracking
system (M-RETS); or
(c) Another
credible tracking system approved for use by the commission.
(4) A REC or S-REC may be used for
compliance any time in the five calendar years following the date of its
initial purchase or acquisition.
(5) Double counting is prohibited.
(6) The RECs and S-RECs must be associated
with electricity that was generated no earlier than July 31, 2008 for resources
or technologies included in the definition of "renewable energy resources" by
Amended Substitute Senate Bill 221 (127th General Assembly). For resources or
technologies added to the definition of "renewable energy resources" by Amended
Substitute Senate Bill 315 (129th General Assembly), the RECs must be
associated with electricity that was generated no earlier than September 10,
2012. For resources or technologies added to the definition of "renewable
energy resources" by Substitute Senate Bill 310 (130th General Assembly), the
RECs must be associated with electricity that was generated, or a qualifying
non-electric source that was produced, no earlier than September 12,
2014.
(7) The RECs and S-RECs must
be associated with electricity, or a qualifying non-electric source, that was
generated no later than the end of the compliance year.
(D) An entity seeking facility qualification
shall file an application for certification of its electric generating
facility, or qualifying non-electric source, upon such forms as may be
prescribed by the commission. The application shall include a determination of
deliverability to the state in accordance with paragraph (F) of rule
4901:1-40-01 of the
Administrative Code.
(1) Any interested person
may file a motion to intervene and file comments and objections to any
application filed under this rule within twenty days of the date of the filing
of the application.
(2) An
application is deemed automatically approved within thirty days after the
application is filed, unless suspended by order of the commission.
(3) If the commission suspends the
application, the applicant
will be notified of the reasons for such
suspension and may be directed to furnish additional information.
(4) Upon commission approval, the applicant
will
receive notification of approval and a numbered certificate where applicable.
The commission will provide this certificate number to the
appropriate attribute tracking system.
(5) If an applicant withdraws an application
prior to commission approval, then the case
will be closed
without further action from the commission.
(6) Representatives of certified facilities
must notify the commission within thirty days of any material changes in
information previously submitted to the commission during the certification
process. Failure to do so may result in revocation of certification
status.
(7) The commission may
revoke a certificate due to changes that negate the facility's certification
eligibility. In the event a certificate is revoked, the commission may
recognize as viable compliance resources the RECs or S-RECs generated during
the time of certification unless specifically stated otherwise by the
commission.
(8) Certification of a
resource or technology
does not predetermine compliance with annual
benchmarks, and does not constitute any commission position regarding cost
recovery.
(E) At its
discretion, the commission may classify any new technology as a qualifying
renewable energy resource. Any interested person may request a hearing on such
classification.
Effective:
6/15/2023
Five Year Review (FYR) Dates:
3/26/2025
Promulgated Under:
111.15
Statutory
Authority: 4901.13,
4905.04,
4905.06,
4928.01,
4928.02,
4928.64, and
4928.65
Rule
Amplifies: 4928.64 and
4928.65
Prior
Effective Dates: 12/10/2009, 03/26/2020