225 CMR 15.06
Statement of Qualification Process for RPS Class II Renewable Generation Units
Statement of Qualification Application (SQA). An SQA shall be submitted to the
Department by the Owner or Operator of the Generation Unit or Aggregation. The applicant
must use the most current forms and associated instructions provided by the Department, and
must include all information, documentation, and assurances required by such forms and
instructions.
(2) Review Procedures.
(a) The Department will notify the applicant when the SQA is administratively complete
or if additional information is required pursuant to 225 CMR 15.06(1).
(b) The Department may, in its sole discretion, provide an opportunity for public comment
on any SQA.
(3) Issuance or Non-issuance of an SQ.
(a)
If the Department finds that all or a portion of the electrical energy output of a
Generation Unit or of an Aggregation meets the requirements for eligibility as RPS Class II
Renewable Generation pursuant to 225 CMR 15.05, the Department will provide the Owner
or Operator of such Generation Unit or Aggregation with an SQ.
(b) The Statement of Qualification shall include any applicable restrictions and conditions
that the Department deems necessary to ensure compliance by a particular Generation Unit
or Aggregation with the provisions of 225 CMR 15.00.
(c) If the Generation Unit or Aggregation does not meet the requirements for eligibility as
an RPS Class II Renewable Generation Unit, the Department shall provide written notice to
the Owner or Operator, including the Department's reasons for such finding.
(4) RPS Effective Date. The RPS Effective Date shall be the earliest date on which electrical
energy output of an RPS Class II Renewable Generation Unit or Waste Energy Generation Unit
can result in the creation of RPS Class II GIS Certificates, with the following limitations:
(a) In the case of a Generation Unit using Eligible Biomass Fuel, the RPS Effective Date
shall not be earlier than the date on which the Department determines that the Biomass
Generation Unit has commenced compliance with the low-emission conditions in its SQ;
(b) In the case of a Hydroelectric Energy Generation Unit, the RPS Effective Date shall not
be earlier than the date on which the Department determined that the Generation Unit has
commenced compliance with the environmental conditions in its SQ; and
(c)
In the case of a Waste Energy Generation Unit, the RPS Effective Date shall not be
earlier than the date on which the Department determines that the Waste Energy Generation
Unit has commenced compliance with the recycling program conditions in its SQ.
In no instance shall the RPS Effective Date occur before January 1, 2009.
(5) Notification Requirements for Change in Eligibility Status. The Owner or Operator of an
RPS Class II Renewable Generation Unit or Waste Energy Generation Unit shall notify the
Department of any changes in the technology, operation, emissions, fuel sources, energy
resources, or other characteristics of the Generation Unit that may affect the eligibility of the
Generation Unit as an RPS Class II Renewable Generation Unit or Waste Energy Generation
Unit. The Owner or Operator shall submit the notification to the Department no later than five
days following the end of the month during which such changes were implemented. The notice
shall state the date the changes were made to the RPS Class II Renewable Generation Unit or
Waste Energy Generation Unit and describe the changes in sufficient detail to enable the
Department to determine if a change in eligibility is warranted.
Notification Requirements for Change in Ownership, Generation Capacity, or Contact
Information. The Owner or Operator of an RPS Class II Renewable Generation Unit or Waste
Energy Generation Unit shall notify the Department of any changes in the ownership, operating
entity, generation capacity, NEPOOL GIS account, independent verification system for the
Generation Unit's or Aggregation's electrical energy output, or contact information for the
Generation Unit or Aggregation. The Owner or Operator shall submit the notification to the
Department no later than five days following the end of the month during which such changes
were implemented.
(7) Suspension or Revocation of Statement of Qualification. The Department may suspend or
revoke a Statement of Qualification if the Owner or Operator of an RPS Class II Renewable
Generation Unit or Waste Energy Generation Unit fails to comply with 225 CMR 15.00 or if a
Generation Unit does not operate during a consecutive 12-month period.