(a) An electric company or an electric
service supplier is not required to meet the renewable portfolio standards
during each compliance year to the extent that:
(A) For the electric company, the total cost
of compliance to meet the renewable portfolio standard exceeds the cost limit
in ORS
469A.100(1);
and
(B) For the electricity service
supplier, the average cost of compliance exceeds the cost limit in section (2)
of this rule.
(b) In
determining compliance with the applicable renewable portfolio standard in ORS
469A.052 or
469A.065 and the applicable cost limits under 469A.100(1) and 469A.100(6), the following
apply:
(A) For the purposes of this rule,
banked renewable energy certificates do not include a renewable energy
certificate generated or acquired in the same calendar year as the compliance
year for which its use is attributed.
(B) Subject to the Commission's review under
ORS
469A.170, an
electric company or electricity service supplier may elect to use alternative
compliance payments to comply with the applicable renewable portfolio standard.
The Commission may also require an electric company or electricity service
supplier to use alternative compliance payments to comply with the applicable
renewable portfolio standard if the alternative compliance payments would not
cause the electric company or electric service supplier to exceed the
applicable cost limits in ORS
469A.100(1)
and
469A.100(6).
(C) Subject to the limitations under ORS
469A.145 and the cost limit under
469A.100,
if the banked renewable energy certificates each electric company or
electricity service supplier uses are not sufficient to achieve compliance with
the applicable renewable portfolio standard, the electric company or
electricity service supplier must use renewable energy certificates issued or
acquired in the compliance year or between January 1 through March 31 of the
year following the compliance year, or make an alternative compliance payment,
up to the amount required for compliance with the applicable standard. Bundled
renewable energy certificates must be used in chronological order from first
issued to last issued.
(D) If the
total cost of compliance exceeds the cost limit under ORS 469A.100, the
electric company or electricity service supplier is not required to use
additional renewable energy certificates or make an alternative compliance
payment to meet the applicable standard.
(c) The costs of renewable energy
certificates used to determine whether the cost limit has been reached must be
from the applicable compliance report.