Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
Department may pay an institution, in accordance with amounts established in
rule
330-068-0090, for
technical assistance studies meeting the requirements in section (2) of this
rule, and for installed energy conservation measures meeting the requirements
of section (3) of this rule, the funds for which were contractually committed
to on or after December 5, 1980, and prior to the date that the utility serving
an institution's building, or facility other than a building, was included in
OAR
330-068-0080 as
provided.
(2) Technical assistance
studies are eligible for retroactive payment if they:
(a) Are comparable in quality and scope to a
TAS performed in accordance with these rules;
(b) Resulted in accomplishment of O&M
activities; and
(c) Resulted in the
installation of energy conservation measures recommended in the technical
assistance study, the cost of which were at least equal to the portion of the
technical assistance study to be paid for by the Department.
(3) Energy conservation measures
are eligible for retroactive payments if they were installed based on a
recommendation contained in a study which is comparable in scope and quality to
a TAS performed in accordance with these rules:
(a) Conditions:
(A) A measure must be "similar" to a measure
included in this program. "Similar" means that a measure accomplishes the same
purpose as and is comparable to a measure included in this program in enough
ways that its effectiveness can be evaluated to a reasonable degree of
certainty;
(B) For measures
installed or completed after the date of offering of this program, but before
the Department has executed such program, retroactive payments shall be made
only for those measures which achieve conservation to an equal or greater
degree than would be achieved by measures under this program, and which
otherwise substantially conformed to or exceeded the materials and installation
specifications referenced in the most current version of this program offered
at the time the measures were installed or completed;
(C) When Bonneville has provided funds for
the installation or completion of measures under another agreement which meet
the requirements of paragraph (A) or (B) of this subsection, no retroactive
payments shall be made with respect to such measures under this
program;
(D) Retroactive
reimbursement shall be made for measures installed or completed prior to the
date the measures were contained in the operating area to the extent such
measures reduce the firm load obligations of Bonneville. The Department shall
determine such reimbursement by applying a ratio to the payment levels
contained in this program for such measures, the numerator being the whole
number of years remaining in the useful life of the measure on the date the
measures are included in the operating area and the denominator being the total
whole number of years in the useful life of the measure.
(b) Amounts: Retroactive reimbursement
amounts for each measure installed or completed shall be those provided for in
this program when the latter of the following occurred:
(A) The effective date of this program;
or
(B) When the measure was
accomplished.
(c)
Procedures:
(A) The Department shall request
retroactive reimbursement using the same form or format as is used for
prospective payments. Such request shall clearly indicate that it is a request
for retroactive reimbursement. The Department shall also maintain supporting
documents and records for verification of costs retroactively reimbursed in
accordance with this subsection;
(B) The Department shall pay the amount owing
to the institution under this subsection in a lump sum or in no more than six
consecutive equal monthly installments, without interest, commencing after the
date Bonneville advises the Department that its claims for retroactive
reimbursement have been included in the Department's approved budget.
(4) The Department
shall inspect all measures for which an Institution is applying for retroactive
payment and verify in writing the proper completion or installation of such
measures.
(5) Requests for
retroactive payment shall be submitted in the initial budget year or within 6
months of the date the operating area is expanded to include buildings, or
facilities other than buildings, not previously eligible for retroactive
payment.
(6) Any environmental
prohibitions or requirement for mitigation measures contained in these rules
shall apply to measures which are paid for in whole or in part retroactively in
accordance with these rules.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
469
