Current through August 26, 2024
(1)
(a) An electric provider or customer or
member of an electric provider may create a RRC under s.
PSC 118.03(2) based on the use of a
certified displacement facility by the electric provider, or by a customer or
member of the electric provider, to the extent that the use displaces
conventional electricity. The commission shall certify displacement facilities
or delegate this responsibility to the program administrator. Any electric
provider, customer or member of an electric provider, or owner of a
displacement facility adversely affected by the decision to certify or not
certify may file a complaint with the commission. The complaint shall be in
writing and filed with the commission within 10 working days after service of
the decision. The division administrator may settle and resolve a complaint
brought under this paragraph. If the complaint cannot be resolved by mutual
agreement, the division administrator shall issue a written decision. Any
person adversely affected by the division administrator's written decision may,
within 20 working days after its issuance, appeal the decision to the
commission by alleging facts that show a violation of a particular statute or
provision of this chapter.
(b) The
commission may permit an electric provider or customer or member of an electric
provider to create a RRC for conventional electricity displaced by use of a
displacement facility before the date the facility is certified, except that
the commission may not permit creation of a RRC for displacement that occurred
before June 3, 2010.
(2)
To obtain certification of a displacement facility, the electric provider,
customer or member of an electric provider, or a designated representative,
shall provide the following information to the commission in a format approved
by the commission:
(a) The displacement
facility's location, owner, technology, and date placed in service.
(b) Information that demonstrates the
displacement facility meets the eligibility criteria under s.
PSC 118.03.
(c) The estimated annual amount of displaced
conventional electricity and information supporting this estimate using methods
approved by the commission.
(d) Any
other information the commission determines to be necessary.
(e) The electric provider's, customer's, or
member's affirmation that it has verified all of the information in pars. (a)
to (d).
(f) If the applicant does
not own the displacement facility, a statement signed by the facility owner
that affirms the information in pars. (a) to (d) and permits the electric
provider, customer, or member to create RRCs from the facility.
(3) The commission or the program
administrator shall inform the electric provider, customer or member, or its
designated representative, whether it has certified a displacement facility for
which it has received an application under sub. (2).
(4) The commission may make on-site visits to
any certified unit of a displacement facility to determine its compliance with
this chapter and with s.
196.378,
Stats., may request copies of all supporting documentation used to comply with
this section, and may decertify any unit that it finds not to be in
compliance.
(5) Nothing in this
chapter obligates the owner of a displacement facility to permit the electric
provider to create RRCs from the facility.
