R.C.S.A. § 16-245a-1
Reporting requirement. Operating rules. Renewable energy portfolio deficiencies
Cite as Conn. Agencies Regs. § 16-245a-1
(a) Electric Supplier Annual Reporting Requirement. Each electric supplier shall submit to the Authority annually, on or before the date
published by the Authority in its annual notice of the renewable energy portfolio
compliance docket, a report demonstrating such electric supplier’s compliance with
the renewable energy portfolio standards set forth in sections 16-245a and 16-243q
of the Connecticut General Statutes and in any other applicable law, for the previous
calendar year. The report shall be based exclusively on certificates issued by the
NEPOOL GIS. The electric supplier shall submit a report to the Authority pursuant
to this subsection regardless of whether such electric supplier served load during
the previous calendar year. The report, which shall be completed accurately and in
its entirety, shall be on a form prescribed by the Authority, which may include the
following information:
(1) Name, address and phone number of the electric supplier;
(2) Name, address, phone number and electronic mail address of the contact person of the
electric supplier;
(3) Amount of full load served, renewable energy certificates required, renewable energy
certificates purchased, renewable energy certificates deficient, and alternative compliance
payments owed;
(4) Copies of all quarterly and annual reports issued by the NEPOOL GIS during the previous
calendar year;
(5) The per cent of total output or services generated from Class I renewable energy sources
and Class II renewable energy sources and obtained from Class III sources to meet
the renewable energy portfolio standards during the previous calendar year;
(6) The electric supplier’s calculations used to determine the percentages provided in
subdivision (5) of this subsection;
(7) Any revisions necessary to the amount of the security as a result of variations in
the amount of the forecast year load pursuant to subdivision (2) of subsection (b)
of this section;
(8) An attestation that the electric supplier is in compliance with the requirement in
subsection (b) of this section to maintain a security, except that no attestation
shall be necessary for any such electric supplier exempt from such requirement pursuant
to subdivision (5) of said subsection; and
(9) Any other information which the Authority deems necessary.
(b) Renewable Energy Portfolio Standards Security.
(1) In addition to the security required by section 16-245-4 of the Regulations of Connecticut
State Agencies, each electric supplier shall maintain a renewable energy portfolio
standards security with the Authority equal to the full alternative compliance payment
that the electric supplier would be required to pay to the Authority pursuant to section
16-245(k) of the Connecticut General Statutes based on the forecast year load. The
forecast year load shall be the amount of the full load served by the electric supplier
during the previous calendar year, as adjusted to account for changes in the type
and quantity of customers to be served in the forecast year. An electric supplier
that was granted a license by the Authority pursuant to section 16-245 of the Connecticut
General Statutes during the previous calendar year shall maintain a renewable energy
portfolio standards security in the amount of twenty-five thousand dollars ($25,000)
or in an amount equal to the full alternative compliance payment for such electric
supplier’s projected load for its first year of operations, whichever is greater.
The security shall:
(A) Be continuous without an expiration date during the term of the electric supplier’s
license and shall be revised annually as required pursuant to subdivision (2) of this
subsection to account for any change in the forecast year load;
(B) Name the Authority as obligee; and
(C) Be used to make payments as directed by the Authority for any and all financial liabilities
that the Authority assesses against the electric supplier for failure to comply with
any renewable energy portfolio standards, including alternative compliance payment
obligations and violations for failing to submit proper reports, that the Authority
determines the electric supplier shall pay pursuant to section 16-41, 16-245 or 16-245a
of the Connecticut General Statutes or this section.
(2) Annually, an electric supplier shall review the amount of its security. If the amount
of the electric supplier’s security is insufficient to pay at least ninety per cent
of the full alternative compliance payment that the electric supplier would be required
to pay to the Authority pursuant to section 16-245(k) of the Connecticut General Statutes
based on the forecast year load, the electric supplier shall increase the security
maintained pursuant to subdivision (1) of this subsection to an amount sufficient
to pay the full alternative compliance payment obligation due for the forecast year
load. As part of the annual renewable energy portfolio compliance docket, the Authority
shall instruct electric suppliers regarding the procedure for submitting updated security
to comply with the security requirements of this subsection and section 16-245-4 of
the Regulations of Connecticut State Agencies.
(3) All security amounts shall be rounded to the nearest thousand-dollar value.
(4) The amount of security maintained to comply with this subsection may be satisfied
by (A) adding the amount of security required by this subsection to the security the
electric supplier uses to comply with the security requirements of section 16-245-4
of the Regulations of Connecticut State Agencies, or (B) maintaining a separate security
in the amount required by this subsection.
(5) The requirement in this subsection to maintain a security shall not apply to electric
suppliers providing generation supply to electric distribution companies for standard
service load.
(c) Requirement to Independently Manage NEPOOL GIS Accounts. An electric supplier shall be responsible for independently managing its NEPOOL GIS
renewable energy certificate accounts throughout the year. The Authority shall not
accept or review a request from an electric supplier to reallocate renewable energy
certificates into or out of the electric supplier’s NEPOOL GIS accounts or subaccounts,
or both.
(d) Annual Monthly and Total Load Settlement Data Reporting Requirement. Electric distribution companies shall make available to an electric supplier the
electric supplier’s monthly load settlement data. Each electric distribution company
shall submit to the Authority and each electric supplier, on or before the date published
by the Authority in its annual notice of the renewable energy portfolio compliance
docket, a report on a form prescribed by the Authority that summarizes the electric
supplier’s monthly and total load settlement data for the previous calendar year.
(e) Electric Distribution Company Annual Reporting Requirement. Each electric distribution company shall submit to the Authority annually, on or
before the date published by the Authority in its annual notice of the renewable energy
portfolio compliance docket, a report demonstrating such electric distribution company's
compliance with the renewable energy portfolio standards set forth in sections 16-245a
and 16-243q of the Connecticut General Statutes, and in any other applicable law,
for the previous calendar year. The report shall be based exclusively on certificates
issued by the NEPOOL GIS. The report, which shall be completed accurately and in its
entirety, shall be on a form prescribed by the Authority, which may include the following
information:
(1) Name, address and phone number of the electric distribution company;
(2) Name, address, phone number and electronic mail address of the contact person of the
electric distribution company;
(3) Amount of load served, renewable energy certificates required, renewable energy certificates
purchased, renewable energy certificates deficient, and alternative compliance payments
owed;
(4) Copies of all quarterly and annual reports issued by the NEPOOL GIS during the previous
calendar year;
(5) The per cent of total output or services generated from Class I renewable energy sources
and Class II renewable energy sources and obtained from Class III sources to meet
the renewable energy portfolio standards during the previous calendar year;
(6) The electric distribution company’s calculations used to determine the percentages
provided in subdivision (5) of this subsection; and
(7) Any other information which the Authority deems necessary.
(f) Operating Rules. Certificates for renewable energy power generated within NEPOOL shall be accounted
for in accordance with the operating rules of the NEPOOL GIS in effect during the
calendar year in which such certificates were generated.
(g) Banking of Renewable Energy Certificates. An electric distribution company or electric supplier may bank renewable energy certificates
for Class I renewable energy sources, Class II renewable energy sources and Class
III sources in accordance with this subsection. An electric distribution company or
electric supplier may bank renewable energy certificates in one year to comply with
the renewable energy portfolio standards in either of the following two years, provided
the electric distribution company or electric supplier, as applicable, has complied
with the renewable energy portfolio standards in the year in which the electric distribution
company or electric supplier wants to bank the renewable energy certificates. In addition,
the electric distribution company or electric supplier shall demonstrate to the satisfaction
of the Authority that:
(1) The banked renewable energy certificates were in excess of the renewable energy certificates
needed for compliance in the year such banked renewable energy certificates were generated,
and the excess renewable energy certificates have not previously been used for compliance
with section 16-245a(a) or section 16-243q(a) of the Connecticut General Statutes;
(2) The banked renewable energy certificates for Class I renewable energy sources do not
exceed thirty per cent of the Class I renewable energy sources needed by the electric
distribution company or electric supplier for compliance in the year such certificates
were generated;
(3) The banked renewable energy certificates for Class II renewable energy sources do
not exceed thirty per cent of the Class II renewable energy sources needed by the
electric distribution company or electric supplier for compliance in the year such
certificates were generated;
(4) The banked renewable energy certificates for Class III sources do not exceed thirty
per cent of the Class III sources needed by the electric distribution company or electric
supplier for compliance in the year such certificates were generated;
(5) The banked renewable energy certificates have not otherwise been, nor will be, sold,
retired, claimed or represented as part of the total output or services of the electric
distribution company or electric supplier, or used to satisfy obligations in jurisdictions
other than Connecticut; and
(6) The electric distribution company or electric supplier filed with the Authority the
required forms and supporting documents, posted on the Authority’s Internet web site,
to verify the use of and accurate reporting of banked renewable energy certificates.
(h) Renewable Energy Portfolio Deficiencies. The Authority may review an electric supplier’s or electric distribution company’s
compliance filings at any time after such electric supplier or electric distribution
company submits to the Authority the annual report required under subsection (a) or
(e), as applicable, of this section. Any electric supplier or electric distribution
company that violates any provision of this section, including the requirement to
file accurate load data or renewable energy portfolio standards information in its
annual report or to maintain an appropriate security, shall be subject to civil penalties
by the Authority in accordance with the procedures contained in section 16-41 of the
Connecticut General Statutes.