2901

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 requirement by obtaining the equivalent amount of RECs from solar energy systems no larger than five megawatts (5 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.

2901.3 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.

2901.4 Electricity Suppliers may acquire and accumulate RECs as of January 1, 2006, in accordance with D.C. Official Code § 34-1433(c) (2010 Repl.).

2901.5 Compliance with the Renewable Energy Portfolio Standard is on a calendar year basis beginning with calendar year 2007.

2901.6 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;

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

(i) A summary report of RECs retired during the reporting period; and

(j) The total price paid for Tier One, Tier Two, and Solar Energy RECs. 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 RECs in their annual compliance reports.

2901.7 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 seventy-five (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.

2901.8 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 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.

2091.10 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 An Electricity Supplier may not apply RECs from a facility that uses the incineration of solid waste to meet more than twenty percent (20%) of the standard for Tier Two renewable resources in a given compliance year.

2901.12 After December 31, 2012, an Electricity Supplier may not apply RECs from a facility that uses the incineration of solid waste to meet the standard for Tier Two renewable resources.

2901.13 After December 31, 2019, RECs from a Tier Two renewable resource shall not apply toward meeting the Renewable Energy Portfolio Standard requirements.

2901.14 Energy supply contracts entered into prior to August 1, 2011, shall not be subject to the increased Solar Energy requirement as required by law.

2901.15 The Compliance Fee shall be:

(a) Fifty dollars ($50) for each REC shortfall for Tier One resources;

(b) Ten dollars ($10) for each REC shortfall for Tier Two resources;

and

(c) Three hundred dollars ($300) for each REC shortfall for Solar Energy resources in 2008; five hundred dollars ($500) for each REC shortfall for Solar Energy resources in 2009 through 2016; three hundred fifty dollars ($350) for each REC shortfall for Solar Energy resources in 2017; three hundred dollars ($300) for each REC shortfall for Solar Energy resources in 2018; two hundred dollars ($200) for each REC shortfall for Solar Energy resources in 2019 and 2020; one hundred fifty dollars ($150) for each REC shortfall for Solar Energy resources in 2021 and 2022; and fifty dollars ($50) for each REC shortfall for Solar Energy resources in 2023 and thereafter.

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (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 Notice of Final Rulemaking published at 59 DCR 2313 (March 23, 2012).