Current through Register Vol. 54, No. 38, September 21, 2024
(a) The Commission may select an independent
entity to act as a program administrator and perform administrative functions
necessary to the implementation of this chapter. If an independent entity is
not selected to act as a program administrator, the Commission will perform the
functions identified in this section.
(b) The program administrator will have the
following powers and duties in regard to alternative energy system
qualification:
(1) Distribute, receive and
review applications for alternative energy system qualification.
(2) Reject applications that are incomplete
or do not adhere to the application instructions.
(3) Determine whether an application
satisfies the geographic eligibility standard in §
75.62(c)
(relating to alternative energy system qualification) and reject applications
that fail this standard.
(4)
Qualify applicants for alternative energy system status who have filed a
complete application, adhered to application instructions, satisfied the
geographic eligibility standard, complied with environmental regulations and
utilized an alternative energy fuel source or technology.
(5) The program administrator will provide
written notice to applicants of its qualification decision within 30 days of
receipt of a complete application form.
(6) The program administrator may suspend or
revoke the qualification of an alternative energy system and withhold or retire
past, current or future alternative energy credits attributed to an alternative
energy system for noncompliance with this chapter, including the following
circumstances:
(i) It no longer satisfies the
alternative energy system qualification standards in § 75.62.
(ii) The owner or aggregator of the
alternative energy system provides false or incorrect information in an
application.
(iii) The owner or
aggregator of the alternative energy system fails to notify the program
administrator of changes to the alternative energy system that effect the
alternative energy system's generation output.
(iv) The owner or aggregator of the
alternative energy system fails to notify the program administrator of a change
in ownership or aggregator of the alternative energy system.
(v) The owner or aggregator provides false or
inaccurate information to the credit registry.
(vi) The owner or aggregator fails to respond
to data and information requests from the Commission, Department or program
administrator.
(c) The program administrator shall have the
following powers and duties regarding the verification of compliance with this
chapter:
(1) At the end of each reporting
period, the program administrator shall verify the EDC and EGS reported load,
and provide written notice to each EDC and EGS of its compliance obligations
within 45 days of the end of the reporting period.
(2) At the end of each true-up period, the
administrator shall verify compliance with §
75.61 (relating to EDC and EGS
obligations) for all EDCs and EGSs. The administrator will provide written
notice to each EDC and EGS of a final assessment of its compliance status
within 45 days of the end of the true-up period.
(3) EDCs and EGSs shall provide all
information to the program administrator necessary to verify compliance with
§
75.61 including the prices paid
for the alternative energy credits used for compliance. The pricing information
must include a per credit price for any credits used for compliance that were
not self-generated or bundled with energy.
(4) The program administrator shall provide a
report to the Commission's Bureau of Technical Utility Services within 45 days
of the end of the true-up period that identifies the compliance status of all
EDCs and EGSs. The report provided after the end of the true-up period shall
propose alternative compliance payment amounts for each EDC and EGS that is
noncompliant with §
75.61 for that reporting period.
As part of this report, the administrator shall identify the average market
value of alternative energy credits derived from solar photovoltaic energy sold
in the reporting period for each RTO that manages a portion of this
Commonwealth's transmission system.
(d) The program administrator shall have the
following powers and duties relating to alternative energy credit
certification:
(1) The program administrator
may not certify an alternative energy credit already purchased by individuals,
businesses or government bodies that do not have a compliance obligation under
the act unless the individual, business or government body sells those credits
to the EDC or EGS.
(2) The program
administrator may not certify an alternative energy credit for a MWh of
electricity generation or electricity conservation that has already been used
to satisfy another state's renewable energy portfolio standard, alternative
energy portfolio standard or other comparable standard.
(3) The program administrator may not certify
an alternative energy credit that does not meet the requirements of §
75.63 (relating to alternative
energy credit certification).
(e) A decision of the program administrator
may be appealed consistent with §
5.44 (relating to petitions for
reconsideration from actions of the staff).
(f) The Commission may delegate other
responsibilities to the program administrator as may be necessary for the
implementation of the act.
The provisions of this § 75.64 amended under
66 Pa.C.S. §
§
501,
1501 and
2807(e); and sections
1648.7(a) and 1648.3(e)(2) of the Alternative Energy Portfolio Standards Act of
2004 (73 P.S. §
§
1648.7(a) and
1648.3(e)(2)).
This section cited in 52 Pa. Code §
75.61 (relating to EDC and EGS
obligations); 52 Pa. Code §
75.63 (relating to alternative
energy credit certification); 52 Pa. Code §
75.65 (relating to alternative
compliance payments); 52 Pa. Code §
75.67 (relating to alternative
energy cost-recovery); and 52 Pa. Code §
75.71 (relating to quarterly
adjustment of nonsolar Tier I
obligation).
