Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) On or before June 1, 2012, and annually
on or before June 1 thereafter, each electric company that is subject to a
renewable portfolio standard set forth in ORS
469A.052 or
469A.055 for the previous
calendar year must file a report with the Commission demonstrating compliance,
or explaining in detail its failure to comply, with the applicable renewable
portfolio standard.
(b) On or
before June 1, 2012, and annually on or before June 1 thereafter, each
electricity service supplier that is subject to a renewable portfolio standard
contained in ORS 469A.065 and sells electricity
to retail electricity consumers in the service territories of electric
companies subject to 469A.052 must file a report with
the Commission demonstrating compliance, or explaining in detail its failure to
comply, with OAR 860-083-0300(1) for the preceding compliance year.
(2) For electric companies subject
to ORS 469A.052 and electricity service
suppliers subject to 469A.065, the report in section
(1) of this rule must include the following information related to Oregon
retail electric consumers for activities of the electric company or electricity
service supplier for the preceding compliance year:
(a) The total number of megawatt-hours sold
to retail electricity consumers covered by ORS
469A.052 by the electric company
or sold in the service areas of each electric company covered by ORS
469A.052 by the electricity
service supplier.
(b) The total
number of renewable energy certificates, identified as either unbundled or
bundled certificates, acquired in the compliance year and used to meet the
renewable portfolio standard.
(c)
The total number renewable energy certificates, identified as either unbundled
or bundled certificates, acquired on or before March 31 of the year following
the compliance year and used to meet the renewable portfolio
standard.
(d) The total number and
cost of unbundled renewable energy certificates, identified as either banked or
non-banked certificates, used to meet the renewable portfolio
standard.
(e) The total number of
banked bundled renewable energy certificates that were used to meet the
renewable portfolio standard.
(f)
The total number of renewable energy certificates, identified as either bundled
or unbundled certificates, issued in the compliance year that were banked to
serve Oregon electricity consumers.
(g) For electric companies, unless otherwise
provided under subsection (2)(k) of this rule, the total number of renewable
energy certificates included in the rates of Oregon retail electricity
consumers that were sold since the last compliance report, including:
(A) The names of the associated generating
facilities; and
(B) For each
facility, the year or years the renewable energy certificates were
issued.
(h) Unless
otherwise provided under subsection (2)(k) of this rule, for each generating
facility associated with the renewable energy certificates included in
subsections (2)(b), (c), (f), or (g) of this rule the following information:
(A) The name of the facility;
(B) The county and state where the facility
is located;
(C) The type of
renewable resource;
(D) The total
nameplate megawatt capacity of the facility;
(E) For an electric company, the Oregon share
of the nameplate megawatt capacity of the facility;
(F) The year of the first delivery of
qualifying electricity or the first year of the contract for the purchase of
unbundled renewable energy certificates; and
(G) The duration of the contract or the
amortization period of a facility owned by the electric company or the planned
lifetime of a facility owned by the electricity service supplier.
(i) The amount of alternative
compliance payments the electric company or electricity service supplier
elected to use or was required to use to comply with the applicable renewable
portfolio standard.
(j) For an
electric company, sufficient data, documentation, and other information to
demonstrate that any voluntary alternative compliance payments were a
reasonable compliance method.
(k)
Documentation of use of renewable energy certificates from the system under OAR
330-160-0020 established for compliance with the applicable renewable portfolio
standard.
(l) For each electric
company, a detailed explanation of any material deviations from the applicable
implementation plan filed under OAR 860-083-0400, as acknowledged by the
Commission.
(m) As specified in OAR
860-083-0100, the total number and cost of bundled renewable energy
certificates used for compliance.
(n) For each electric company, its projected
annual revenue requirement as calculated in OAR 860-083-0200 and its total cost
of compliance.
(o) For each
electricity service supplier, its total cost of compliance, its average cost of
compliance, and its cost limit as specified in OAR 860-083-0300(2), including
all calculations.
(p) For each
electric company, an accounting of the use of the renewable energy certificates
and alternative cost payments consistent with OAR 860-083-0300(3) if the cost
limit in ORS 469A.100(1) is
reached for the compliance year.
(q) For each electricity service supplier, an
accounting of the use of the renewable energy certificates and alternative cost
payments consistent with OAR 860-083-0300(3) if the cost limit in OAR
860-083-0300(2) is reached for the compliance year.
(r) As specified in OAR 860-083-0100, the
number and total cost of all bundled renewable energy certificates
issued.
(s) As specified in OAR
860-083-0100, the number and total cost of bundled renewable energy
certificates issued that are associated with new qualifying electricity since
the last compliance report.
(3) If so prescribed by the Commission, each
electric company and electricity service supplier must use established forms to
provide information required under subsections (2)(a) through (s) of this
rule.
(4) Commission staff and
interested persons may file written comments on an electric company or
electricity service supplier report in section (1) of this rule within 45
calendar days of the filing. The electric company or electricity service
supplier may file a written response to any comments within 30 calendar days
thereafter. After considering written comments, the Commission may decide to
commence an investigation, begin a proceeding, or take other action as
necessary to make a determination regarding compliance with the applicable
renewable portfolio standard.
(5)
Upon conclusion of the Commission review of the report in section (1) of this
rule, the Commission will issue a decision determining whether the electric
company or electricity service supplier complied with the applicable renewable
portfolio standard and any other determinations under ORS
469A.170(2). If
the Commission determines that the electric company or electricity service
supplier is not in compliance with the applicable renewable portfolio standards
set forth in 469A.052 or
469A.065 and such non-compliance
is not warranted by the cost limits set forth in ORS
469A.100, the Commission may
require an alternative compliance payment to address such shortfall, impose a
penalty, or both.
(6) Each electric
company subject to ORS
469A.052 and each electricity
service supplier subject to
469A.065 must post on its web
site the public portion of the four most recent annual compliance reports
required under this rule and provide a copy of the most recent such report to
any person upon request. The public portions of the most recent compliance
report must be posted within 30 days of the Commission decision in section (5)
of this rule. The posting must include any Commission determinations under
section (5) of this rule.
(7)
Consistent with Commission orders for disclosure under OAR 860-038-0300, each
electric company subject to ORS
469A.052 and each electricity
service supplier subject to
469A.065 must provide
information about its compliance report to its customers by bill insert or
other Commission-approved method. The information must be provided within 90
days of the Commission decision in section (5) of this rule or coordinated with
the next available insert required under OAR 860-038-0300. The information must
include the URL address for the compliance reports posted under section (6) of
this rule.
(8) A small electric
company as described in ORS
469A.055 that has the exemption
provided by 469A.055(1) is
exempt from the rules in Division 083 except as provided by
469A.055.
Stat. Auth.: ORS
756.040,
757.659 &
469A.065
Stats. Implemented: ORS
469A.050,
469A.052,
469A.055,
469A.070 &
469A.170
