2901 RPS COMPLIANCE REQUIREMENTS

2901.1 An Electricity Supplier shall meet the Renewable Energy Portfolio Standard requirement by obtaining Renewable Energy Credits ("REC") that equal the annual percentage requirement for electricity sold at retail or by paying the specified compliance fee. An Electricity Supplier shall not apply any surplus Renewable Energy Credits derived from voluntary purchases of energy from qualified renewable sources toward its mandatory compliance requirements.

2901.2 Each District of Columbia Electricity Supplier must establish a Generation Attribute Tracking System ("GATS") account for the load it serves within the District of Columbia. Suppliers shall maintain that account in good standing.

2901.3 Electricity Suppliers may acquire and accumulate Renewable Energy Credits as of January 1, 2006, in accordance with D.C. Official Code § 34-1433(c).

2901.4 Compliance with the Renewable Energy Portfolio Standard is on a calendar year basis beginning with calendar year 2007. Pursuant to D.C. Official Code § 34-1432(b), if the standard becomes applicable to electricity sold to a customer after the start of a calendar year, the standard shall not apply to electricity sold to the customer during that portion of the year before the standard became applicable.

2901.5 Each Electricity Supplier must prepare and submit an annual Compliance Report to the Commission containing the following information:

(a) The quantity of its annual District of Columbia retail electricity sales;

(b) The quantity of any exempt retail electricity sales to a customer with a Renewable On-Site Generator;

(c) A calculation of the annual quantity of required Tier One, Tier Two, and Solar Energy Renewable Energy Credits;

(d) The quantity of Tier One, Tier Two, and Solar Energy Renewable Energy Credits purchased and evidence of those purchases;

(e) The quantity of Tier One, Tier Two, and Solar Energy Credits transferred to the Electricity Supplier by a Renewable On-Site Generator;

(f) A calculation of any compliance fees owed by the Energy Supplier;

(g) Certification of the accuracy and veracity of the report;

(h) All documentation supporting the data appearing in the annual compliance report;

(i) A list of all Renewable Energy Credits used to comply with the Renewable Energy Portfolio Standard;

(j) A summary report of Renewable Energy Credits retired during the reporting period; and

(k) The total price paid for Tier One, Tier Two, and Solar Energy Renewable Energy Credits. The total price paid may be submitted confidentially so long as the words "Protected-Materials - Contains Competitive Business Information" or words of similar import are clearly printed on the top of each page. Suppliers that purchase RECs solely via bundled products are exempt from including the total price paid for

Tier One, Tier Two and Solar Energy Renewable Energy Credits in their annual compliance reports.

2901.6 Each Electricity Supplier's annual compliance report shall be submitted to the Commission by May 1 of the calendar year following the year of compliance. The Commission shall complete its review of each Electricity Supplier's Compliance Report within 75 business days after submission. After notification of a decision of non-compliance by the Commission, a supplier shall submit the appropriate payment (or its response contesting the notification) within thirty (30) days.

2901.7 Any Electricity Supplier that fails to file the annual compliance report as required by this Chapter and D.C. Official Code § 34-1434(a) may be subject to Commission action to compel submission of the required report. Such action may include the issuance of an Order to Show Cause by the Commission.

2901.8 Any Electricity Supplier that fails to meet its Renewable Energy Portfolio Standard requirements must submit the required annual Compliance Fee to the District of Columbia Renewable Energy Development Fund administered by the District of Columbia Department of the Environment's Energy Office ("DDOE" or "Energy Office") by May 1 of the calendar year following the year of compliance.

2901.9 The Compliance Fee shall be:

(a) $ 25 for each Renewable Energy Credit shortfall for Tier One resources;

(b) $ 10 for each Renewable Energy Credit shortfall for Tier Two resources; and

(c) $ 300 for each Renewable Energy Credit shortfall for Solar Energy resources.

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008).