(a) On or before June 1 of each year, each retail supplier shall submit a template to the Energy Commission containing the information identified in subdivision (b), in accordance with the methodology described in section 1392(c). Retail suppliers must submit this information on the template provided by the Energy Commission or by using any other data reporting system, such as a data submission portal, identified by the Energy Commission.
- (1) The retail supplier shall submit an electronic copy of the template in conformance with section 1208.1.
- (2) The report must include an attestation, signed by an authorized agent of the retail supplier under penalty of perjury, that the information provided in the report is true and correct.
- (3) Beginning January 1, 2028, retail suppliers shall report the data identified in subdivision (b)(2)-(7) for each hour of the year. Prior to that, the data identified in subdivision (b)(2)-(7) shall be reported using annual data, without an hourly matching of resources and load. Retail suppliers that meet the requirements of subdivision (h) may continue to report using annual data after January 1, 2028.
(b) Retail suppliers shall provide the following information from the previous calendar year to the Energy Commission:
- (1) Annual retail sales of each portfolio
(2) Loss-adjusted load
- (A) Each retail supplier shall report its total load.
- (B) Beginning January 1, 2026, retail suppliers shall report transmission and distribution losses associated with each procurement. Consistent with the definition of loss-adjusted load in Section 1391, only transmission and distribution losses associated with retail sales and other end uses supporting retail sales shall be included in a retail supplier's loss-adjusted load.
(3) Specified purchases
(A) Generator name, generator location (state or province), and generator identification numbers under the Energy Information Administration (EIA), the Renewables Portfolio Standard (RPS), and the Western Renewable Energy Generation Information System (WREGIS), if applicable.
- (i) The Energy Commission shall assign identification numbers to use in place of an EIA number for generators without an EIA number, for unspecified power, and for purchases of the specified system power of an asset-controlling supplier pursuant to subdivision (f).
- (ii) For specified purchases of eligible firmed-and-shaped products, the retail supplier shall also provide the EIA identification number of the generator that provided delivered electricity as specified under the firming-and-shaping agreement. If the source of the delivered electricity is unspecified power, the retail supplier shall use the identification number for unspecified power provided by the Energy Commission.
- (B) Generator location, either California county or neighboring state or province.
- (C) Predominant fuel type of generator
- (D) Gross megawatt hours procured, measured at the first point of interconnection to the grid or at first point of connection to an interconnected storage system
- (E) Associated GHG emissions expressed in metric tons of CO2e per megawatt hour
- (F) Megawatt hours resold as specified resale
- (4) Purchases of unspecified power and associated GHG emissions
- (5) Retail supplier total GHG emissions and GHG emissions intensity of the retail supplier's total power content
- (6) Megawatt hours used to charge energy storage systems for each hour of the year.
- (7) Megawatt hours discharged from energy storage systems for each hour of the year. To claim storage discharge, the retail supplier must have also reported the electricity used to charge the storage system pursuant to subdivision (b)(3) or (b)(4).
(c) Data availability
(1) Proxy data
- (A) If a retail supplier cannot obtain hourly data for a specified resource, the retail supplier shall report proxy data using annual procurement data and the default hourly distribution for the relevant fuel type. Energy Commission staff will calculate and provide hourly resource production profiles consistent with the method used to calculate hourly production profiles under Integrated Resource Planning at the CPUC.
- (B) As an alternative to using the hourly production profiles pursuant to subdivision (c)(1)(A), a retail supplier may develop and use its own hourly production profiles. The retail supplier must provide substantiating documentation that explains how the hourly production profiles were determined.
- (C) Retail suppliers may report proxy data pursuant to subdivision (c)(1)(A)-(B) for generators with a nameplate capacity below 1 MW.
- (2) If a retail supplier procures from an electricity resource that is sold or allocated to multiple parties over the course of the year without specifying hourly electricity distributions to each party, then the retail supplier shall report its proportional share of annual procurement from the electricity resource and use the default hourly distribution for the relevant fuel type as provided in subdivision (c)(1)(A)-(B).
(3) Unbundled RECs.
- (A) Quantity of unbundled RECs retired in association with an electricity portfolio offered during the previous calendar year, denominated in megawatt hours.
- (B) Generator name, location, fuel type, vintage year, and WREGIS and RPS identification numbers for each source of retired unbundled RECs.
- (C) Upon request by the Energy Commission, the retail supplier shall authorize WREGIS to confirm unbundled REC retirements associated with each electricity portfolio.
- (d) Annual surplus generation from a pumped storage facility, meaning the facility produced more electricity than it consumed for storage pumping and other on-site load during the previous year, shall be reported as specified purchases of large hydroelectricity. Annual losses incurred by pumped storage facilities, meaning the facility consumed more electricity through on-site load than it generated, shall not be reported.
(e) Investor-owned utilities.
- (1) For resources that investor-owned utilities have been directed to procure pursuant to Public Utilities Code section 365.1(c)(2)(A) and for resources subject to the Power Charge Indifference Adjustment pursuant to CPUC Decision D.06-07-030 from July 20, 2006 (incorporated by reference), and D.21-05-030 from May 20, 2021 Incorporated by reference), the investor-owned utility shall report the portion of procurement attributable to the investor-owned utility as determined by the CPUC pursuant to Public Utilities Code section 365.2 and CPUC decisions D.06-07-030 and D.21-05-030.
- (2) For Diablo Canyon Power Plant, PG&E shall report the portion of unallocated GHG-free energy attributes pursuant to CPUC Decision D.23-12-036 from December 14, 2023 (incorporated by reference).
- (3) For each retail supplier that was allocated resources under VAMO for the reporting period, and for large hydroelectric resources allocated pursuant to CPUC Decision D.23-06-006 from June 8, 2023 (incorporated by reference), pursuant to Public Utilities Code 398.6(f)(3) the investor-owned utility shall provide the hourly share of electricity from each specified source together with the following information about each source by May 1 each year: facility name, RPS ID of the RECs if applicable, EIA ID of the delivered electricity, power purchase agreement execution date, fuel type, and megawatt hours allocated. For reporting periods prior to January 1, 2028, the investor-owned utility may provide megawatt hour allocations on an annual basis rather than for each hour of the year.
(f) Asset-Controlling Suppliers. An asset-controlling supplier may have its wholesale sales of system power classified as specified system power of an asset-controlling supplier if it complies with the following reporting requirements by February 1 each year:
- (1) Reports to the CARB under section 95111(f) of the MRR and has an emission factor posted for use on the CARB website;
- (2) Reports to the Energy Commission the annual fuel mix of its specified system mix using the fuel types designated under section 1393.1(c)(1) and corresponding to the asset-controlling supplier's reporting pursuant to subdivision (f)(1); and
- (3) Provides to the Energy Commission an attestation by an authorized officer of the asset-controlling supplier affirming that the fuel mix in its report to the Energy Commission is consistent with the report submitted pursuant to subdivision (f)(1).
- (4) If an asset-controlling supplier is unable to provide hourly data, the retail supplier may report proxy data using an hourly production profile provided by Energy Commission staff.
(g) Aggregated Reporting.
- (1) If all resources procured by a retail supplier from the Western Area Power Administration's Central Valley Project (CVP) are hydroelectric, procurements from the Central Valley Project may be reported as aggregated CVP hydro. If a retail supplier is unable to obtain hourly data from Central Valley Project procurements, proxy data maybe reported using an estimated hourly production profile provided by Energy Commission staff.
- (2) Voluntary allocations of delivered electricity from solar, wind, and eligible hydroelectric VAMO resources that have no associated GHG emissions may be reported in aggregate by fuel type. If a retail supplier chooses to aggregate these resources for hourly reporting, proxy data must be provided using estimated hourly production profiles provided by Energy Commission staff.
- (3) Large hydroelectric resources allocated under CPUC Decision D.23-06-006 from June 8, 2023 may be reported in aggregate. If a retail supplier chooses to aggregate these resources for hourly reporting, proxy data must be provided using estimated hourly production profiles provided by Energy Commission staff pursuant to Section 1393(c)(1)(A).
(h) Hourly data reporting requirements of this section shall not apply to the following types of retail suppliers:
- (1) Retail suppliers that are not subject to the requirements of Public Utilities Code Section 454.52.
- (2) Local publicly owned electric utilities that are not subject to the requirements of Public Utilities Code Section 9621.
- (3) Any multijurisdictional electrical corporation with 60,000 or fewer customer accounts in the state.
- (i) Any electrical corporation with 60,000 or fewer customer accounts in the state or any retail supplier with an annual electrical demand of less than 1,000 gigawatt-hours may report proxy data for all hourly resources.
- (j) Multijurisdictional electrical corporations may report resources using the most current cost allocation methodology approved by the CPUC pursuant to Section 451 of the Public Utilities Code.
Note: Authority cited: Section 25213, Public Resources Code; and Sections 398.5 and 398.6, Public Utilities Code. Reference: Sections 25216 and 25216.5, Public Resources Code; and Sections 451, 398.5 and 398.6, Public Utilities Code.
History
1. New section filed 9-21-98; operative 10-21-98 (Register 98, No. 39).
2. Change without regulatory effect amending section filed 1-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 3).
3. Amendment filed 3-5-2001; operative 3-5-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 10).
4. Repealer and new section filed 10-31-2016; operative 10-31-2016 pursuant to Government Code section 11343.4 (Register 2016, No. 45).
5. Renumbering of former section 1393 to section 1394.1 and new section 1393 filed 5-4-2020; operative 5-4-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 19).
6. Renumbering of former section 1393 to section 1392 and renumbering of former section 1394 to section 1393, including amendment of section and Note, filed 6-18-2025; operative 6-18-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 25).
7. Editorial revision correcting nonsubstantive errors in previous filing (Register 2025, No. 27).