Current through Register Vol. 54, No. 38, September 21, 2024
(a) A default service provider may recover
from default service customers the following reasonable and prudently incurred
costs for compliance with the act:
(1) The
costs of electricity generated by an alternative energy system, purchased by a
default service provider, and delivered to default service customers for
purposes of compliance with §
75.61 (relating to EDC and EGS
obligations).
(2) The costs of
alternative energy credits purchased and used within the same reporting period
for purposes of compliance with § 75.61.
(3) The costs of alternative energy credits
purchased in one reporting period and banked for use in later reporting
periods, consistent with §
75.69 (relating to banking of
alternative energy credits).
(4)
The costs of alternative energy credits purchased in the true-up period to
satisfy compliance obligations for the most recently concluded reporting
period, consistent with § 75.61(e)
(5) Payments to the alternative energy
credits program administrator for its costs of administering an alternative
energy credits program, consistent with §
75.64 (relating to alternative
energy credit program administrator).
(6) Payments to a third party for its costs
in operating an alternative energy credits registry, consistent with §
75.70 (relating to the alternative
energy credit registry).
(7) The
costs levied by a regional transmission organization to ensure that alternative
energy sources are reliable.
(8)
The costs of alternative compliance payments made under §
75.66 (relating to force
majeure).
(b) A default
service provider shall demonstrate compliance with the requirements of §
75.61 and the default service
provisions of Chapter 54 (relating to electricity generation customer choice)
by identifying a competitive procurement process for acquiring alternative
energy credits in default service implementation plans filed with the
Commission.
(c) A competitive
procurement process for alternative energy and alternative energy credits shall
comply with the standards for competitive procurement processes identified in
the default service provisions in Chapter 54.
(d) The costs of compliance with the
alternative energy portfolio standards act shall be recovered through an
automatic adjustment clause within the meaning of
66 Pa.C.S. §
1307
(relating to sliding scale of rates; adjustments) and consistent with §
54.187 (relating to default
service rate design and the recovery of reasonable costs) according to the
following standards:
(1) Costs incurred by a
default service provider during the cost-recovery period shall be deferred as a
regulatory asset and fully recovered with a return on the unamortized balance
during the first full 12-month reporting period after the expiration of the
cost-recovery period in the EDC service territory where it is acting as the
default service provider.
(2) Costs
incurred by a default service provider after the expiration of a cost-recovery
period shall be recovered during the reporting period in which they are
incurred, except as provided for in paragraph (7).
(3) The default service implementation plan
shall include a schedule of rates for the recovery of these costs as required
under
66 Pa.C.S. §
1307(a).
(4) A default service provider shall file a
report with the Commission within 30 days of the conclusion of each reporting
period that includes the information identified in
66 Pa.C.S. §
1307(e)(1).
(5) The Commission will hold public hearings
on the substance of these reports, and other matters pertaining to this
subject, as required by
66 Pa.C.S. §
1307(e)(2).
(6) The Commission will order the default
service provider to provide refunds to or recover additional costs from default
service customers consistent with
66 Pa.C.S. §
1307(e)(3).
(7) The costs of alternative energy credits
purchased by the default service provider during the true-up period under
section 3(e)(5) of the act (73 P.S. §
1648.3(e)(5)) shall be
recovered during the reporting period in which these costs are
incurred.
(e) The
Commission will perform fuel costs audits, on at least an annual basis, of each
default service provider that recovers costs using the automatic adjustment
clause provided for under this section.
This section cited in 52 Pa. Code §
75.66 (relating to force
majeure).
