D.C. Mun. Regs. tit. 15, § 2901
2901
RPS COMPLIANCE REQUIREMENTS
2901.1 An Electricity Supplier shall meet the Renewable Energy Portfolio Standard requirement by obtaining Renewable Energy Credits (RECs) 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 RECs derived from voluntary purchases of energy from qualified renewable sources toward its mandatory compliance requirements.
2901.2 An Electricity Supplier shall meet the solar portion of the Tier One requirement by obtaining the equivalent amount of RECs from solar energy systems no larger than fifteen megawatts (15 MW) in capacity that are located within the District of Columbia or in locations served by a distribution feeder serving the District of Columbia, except that RECs generated by solar energy facilities that are not located within the District of Columbia nor in locations served by a distribution feeder serving the District of Columbia that the Commission certified prior to February 1, 2011, may be used to meet the solar requirement. However, an Electricity Supplier may also meet the solar requirement by obtaining RECs from solar energy systems larger than fifteen megawatts (15 MW) in capacity, provided that these solar energy systems are located on property owned by the Government of the District of Columbia or by any agency or independent authority of the Government of the District of Columbia. In addition, Electricity Suppliers may meet the non-solar portion of the Tier One renewable source requirement of the renewable energy portfolio standard by obtaining renewable energy credits from solar energy systems that are not located within the District of Columbia or in locations served by a distribution feeder serving the District of Columbia, regardless of capacity.
2901.3 Each Electricity Supplier shall establish and maintain a Generation Attribute Tracking System (GATS) account for the load it serves within the District of Columbia.
2901.4 Compliance with the Renewable Energy Portfolio Standard is on a calendar year basis.
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) A calculation of the annual quantity of required Tier One, Tier Two, and Solar Energy RECs;
(c) The quantity of Tier One, Tier Two, and Solar Energy RECs
purchased and evidence of those purchases;
(d) The quantity of Tier One, Tier Two, and Solar Energy Credits transferred to the Electricity Supplier by a Renewable On-Site Generator;
(e) A calculation of any compliance fees that the Electricity Supplier owes;
(f) Certification of the accuracy and veracity of the report;
(g) All documentation supporting the data appearing in the annual compliance report; and
(h) A summary report of RECs retired during the reporting period.
2901.6 Each Electricity Supplier shall make available to the Commission through its GATS account all RECs and the total price paid in order to comply with the Renewable Energy Portfolio Standard.
2901.7 An Electricity Supplier’s annual compliance report shall be submitted to the Commission by April 1 of the calendar year following the year of compliance. After notification of a decision of non-compliance by the Commission, a supplier shall, within ten (10) days, submit the appropriate payment, take the actions necessary to come into compliance, or file its response contesting the decision of non-compliance.
2901.8 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.
2901.9 Any Electricity Supplier that fails to meet its Renewable Energy Portfolio Standard requirements shall submit the required annual Compliance Fee to the District of Columbia Renewable Energy Development Fund administered by the District of Columbia Department of Energy & Environment by April 1 of the calendar year following the year of compliance.
2901.10 An Electricity Supplier may apply the Solar Energy RECs, retired for compliance with the Solar Energy requirement, to meet the Tier One Renewable Energy requirement as well.
2901.11 After December 31, 2019, RECs from a Tier Two renewable resource shall not apply toward meeting the Renewable Energy Portfolio Standard requirements.
2901.12 Energy supply contracts entered into prior to August 1, 2011, shall not be subject
to the increased solar energy requirement as required by the Distributed Generation Amendment Act of 2011 (D.C. Law 19-36); but any extension or renewal of such contracts, executed on or after August 1, 2011, shall be subject to the increased solar energy requirement as required by this act. Energy supply contracts entered into prior to the effective date of the Renewable Portfolio Standard Expansion Amendment Act of 2016 (D.C. Law 21-154), October 8, 2016, shall not be subject to the increased solar energy compliance fees as required by that act until October 8, 2021; but any extension or renewal of such contracts shall be subject to the increased solar energy compliance fee as required by that act.
2901.13 The Compliance Fee shall be:
SOURCE: Final Rulemaking published at 55 DCR 561 (January 18, 2008); as amended by Final Rulemaking published at 56 DCR 7839 (October 2, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 2596 (April 3, 2009); as amended by Final Rulemaking published at 59 DCR 2313 (March 23, 2012); as amended by Final Rulemaking published at 61 DCR 11422 (October 31, 2014); as amended by Final Rulemaking published at 62 DCR 14087 (October 30, 2015); as amended by Final Rulemaking published at 63 DCR 4874 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 4231 (May 5, 2017); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018).