Statement of Qualification Process for APS Alternative Generation Units

(1) Statement of Qualification Application. A Statement of Qualification Application 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. Applications for APS Renewable Thermal Generation Units shall be submitted through the online registration platform of the MassCEC. (2) Review Procedures. (a) The Department will notify the applicant when the Statement of Qualification Application is administratively complete or if additional information is required pursuant to 225 CMR 16.07(1). (b) The Department may, in its sole discretion, provide an opportunity for public comment on any Statement of Qualification Application. (3) Issuance or Non-issuance of a Statement of Qualification. (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 APS Alternative Generation pursuant to 225 CMR 16.05, the Department will provide the Owner or Operator of such Unit or Aggregation with an SQ. (b) The SQ 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 16.00. (c) If the Generation Unit or Aggregation does not meet the requirements for eligibility as an APS Alternative Generation Unit, the Department shall provide written notice to the Owner or Operator, including the Department's reasons for such finding. (4) APS Effective Date. The APS Effective Date shall be the earliest date on which electrical energy output of an APS Alternative Generation Unit can result in the creation of APS GIS Certificates, except that the APS Effective Date shall not be earlier than the date on which the Department determines that the Unit has commenced compliance with the applicable emission standards in its SQ. However, in no instance shall the APS Effective Date be earlier than January 1, 2009. (5) Notification Requirements for Change in Eligibility Status. The Owner or Operator of an APS Alternative 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 would affect the eligibility of the Unit as an APS Alternative 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 APS Alternative Generation Unit and describe the changes in sufficient detail to enable the Department to determine if a change in eligibility is warranted. (6) Notification Requirements for Change in Ownership, Generation Capacity, or Contact Information. The Owner or Operator of an APS Alternative Generation Unit shall notify the Department of any changes in the ownership, operating entity, generation capacity, NEPOOL GIS account, independent verification system for the 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) Time Limit for Project Implementation. Any SQ issued on or after June 12, 2009 shall expire 48 months after the issuance date of the SQ (the Expiration Date) unless the Commercial Operation Date of the Generation Unit or Aggregation is on or before the Expiration Date. The Department may, at its discretion, grant an extension of the Expiration Date of the SQ upon petition by the Owner or Operator of the Generation Unit or Aggregation. If the Owner or Operator of such Unit or Aggregation desires an extension, such Owner or Operator must submit a new SQ Application, and the decision of the Department on such new application may be made in accordance with the regulations and criteria that are applicable on the date that the Department receives that application. (8) Suspension or Revocation of Statement of Qualification. The Department may suspend or revoke an SQ if the Owner or Operator of an APS Alternative Generation Unit fails to comply with 225 CMR 16.00.