Current through Register Vol. 63, No. 9, September 1, 2024
(1) Any person may apply for preliminary
certification by submitting a complete preliminary certification application.
The application must meet requirements provided by applicable statutes, these
rules and the current Opportunity Announcement. A preliminary certification
application is not required for applicants submitting an informational filing
under the small premium project process.
(a)
The application must be in the form specified in the Opportunity Announcement
and these rules.
(b) An applicant
must submit a complete application during the opportunity period. For the
purposes of this rule, the department considers an application "submitted" when
the department receives the application accompanied by the fee specified in
these rules.
(c)The department
will not review applications received outside of an opportunity period and will
return the application fee received.
(2) The application must be accompanied by
the application fee specified in these rules. The department will not process
applications received without fee payment.
(3) An applicant may withdraw an application
and submit a replacement application during the opportunity period. Replacement
applications may be submitted without an additional application fee during an
open opportunity period.
(4) The
application must include the following information, unless the department
specifies otherwise in the Opportunity Announcement.
(a) The name of the applicant.
(A) If the applicant is a partnership, joint
venture or association, the application must include the names of each person
participating in the partnership, joint venture or association. The department
may use this information to ensure compliance with ORS
469B.288(3).
(B) If the applicant is a
corporation or limited liability company, the application must include the name
of the corporation, or LLC and its parent corporations, members, and any close
affiliates or subsidiaries. The department may use this information to ensure
compliance with ORS 469B.288(3).
(C) If the applicant is a public
or governmental entity, the application must include written authorization from
the entity's governing body allowing submission of the application.
(b) The name, address, email
address and telephone number of the responsible party for the applicant.
(c) The applicant's federal tax
identification number or social security number, which may be shared with the
Oregon Department of Revenue to facilitate the administration of state tax law.
(d) A statement verifying that the
applicant will be the owner, contract purchaser or lessee of the energy
conservation project at the time of installation or construction of the
project.
(e) A description of the
personnel and teams that will be working on the energy conservation project's
development, implementation and operation.
(f) If the applicant has received final
certification of tax credits or payment of grants issued by the department
within the last 5 years, the application must contain a statement about the
operational status of the projects awarded such grants or tax
credits.
(g) The location of the
energy conservation project.
(h) A
statement explaining how and in what amount the energy conservation project
will reduce the consumption of purchased energy or use energy more efficiently.
(A) The statement must identify the annual
energy use separated by fuel type of the energy conservation project at the
following conditions: proposed conditions, baseline conditions, along with
existing conditions, if the project involves a retrofit.
(i) Annual energy use at proposed conditions
must be calculated using energy engineering methods as outlined in the
Opportunity Announcement.
(ii)
Baseline conditions and assumptions must be described in detail.
(iii) For retrofit projects, existing annual
energy usage must be supported by a minimum of 24 consecutive monthly utility
bills or a calculation approved by the department.
(B) If applicable, provide information about
the expected level of sustainable building practices project performance.
(i) A detailed
description of the energy conservation project, including information that
demonstrates how the project will be technically feasible and how the project
will operate for at least five years as represented in the application. This
may require documentation in addition to the application form.
(j) The expected operational life of the
energy conservation project.
(k) A
statement of compliance with applicable state and local regulations and that
the applicant will obtain required licenses and permits.
(l) The number and type of new jobs that will
be created by the energy conservation project and the number of existing jobs
that will be sustained throughout the construction, installation and operation
of the project. Job estimates should be submitted in hours. These hours must
directly relate to the energy conservation project.
(m) The energy conservation project's
anticipated total project cost, including the energy conservation project's
incremental cost, if applicable.
(n) The amount of anticipated or received
incentives directly related to the energy conservation project.
(o) A project schedule.
(p) All research and development projects
must include a recommendation from a qualified third party that the project
demonstrates innovation.
(q) A
description of the applicant's installation or construction financing plan.
(r) The dollar amount of tax
credit requested by the applicant.
(s) If the applicant has already started
installation or construction of the energy conservation project, a written
description of the special circumstances that rendered the filing of an
application prior to the start of construction or installation unreasonable.
(t) Other information the
department considers necessary.
Stat. Auth.: ORS
469.040,
469B.306
Stats. Implemented: ORS
469B.270 - 469B.306,
315.331