2902

GENERATOR CERTIFICATION AND ELIGIBILITY

2902.1

Renewable generators, including behind-the-meter (BTM) generators, shall be certified as qualified resources by the Commission:

(a) Solar Energy Systems no larger than fifteen megawatts (15 MW) in capacity (unless a facility is 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 which case the facility can be larger than fifteen megawatts (15 MW) in capacity) that are located within the District or in locations served by a distribution feeder serving the District are eligible for certification to meet the solar portion of the Tier One requirement of the renewable energy portfolio standard (RPS);

(b)(1) A Solar Energy System which is currently connected to the Electric Company's distribution system, is not located in the District, and is not currently served by a distribution feeder serving the District shall not be eligible for certification to meet the solar portion of the Tier One requirement of the RPS through an extension of the distribution system and/or a new service connection. The Electric Company shall not reconfigure its distribution system, including extensions of the system or new service connections, solely to allow a solar energy system to become eligible for certification to meet the solar portion of the Tier One requirement of the RPS; and

(2) A Solar Energy System which is not currently connected to the Electric Company's distribution system and is not located in the District may be eligible for certification to meet the solar portion of the Tier One requirement of the RPS, if the appropriate connection point as determined by the Electric Company is on a distribution feeder serving the District. The Electric Company shall not reconfigure its distribution system, including extensions of the system or new service connections, solely to allow a solar energy system to become eligible for certification to meet the solar portion of the Tier One requirement of the RPS.

(c) Solar Energy Systems that are not located within the District and not in locations served by a distribution feeder serving the District, regardless of capacity, may be certified to meet the non-solar portion of the Tier One requirement of the RPS;

(d) Eligibility for certification to meet the solar portion of the Tier One requirement of the RPS, for Solar Energy Systems not located within the District and in locations served by a distribution feeder serving the

District, is based on the Electric Company's current Cross Border Feeder Map posted on its website;

(e) Solar Energy Systems not located within the District and in locations served by a distribution feeder serving the District, once certified by the Commission to meet the solar portion of the Tier One requirement of the RPS, will remain certified and in good standing to produce SRECs that are eligible to meet the solar portion of the Tier One requirement of the RPS;

(f) Solar Energy Systems not located within the District and in locations served by a distribution feeder serving the District, once certified by the Commission to meet the solar portion of the Tier One requirement of the RPS, may be expanded or replaced and continue to produce SRECs that are eligible to meet the solar portion of the Tier One requirement of the RPS, provided that the Solar Energy System is served by a distribution feeder serving the District at the time of the replacement or expansion, subject to approval consistent with the provisions of Section 2902.12 of this chapter; and

(g) Solar Energy Systems that are not located within the District and not in locations served by a distribution feeder serving the District, but were certified by the Commission prior to February 1, 2011, may continue to produce SRECs that are eligible to meet the solar portion of the Tier One requirement of the RPS, at the capacity of the system as originally certified by the Commission. Any SRECs produced by any expansions or replacements of such systems, including the replacement of individual solar panels, not previously approved by the Commission, shall not be eligible to meet the solar portion of the Tier One requirement of the RPS

2902.2 Renewable generators, including BTM generators, may be certified as a Tier One or Tier Two resource. In order to be certified, applicants must complete the Commission's "Application for Certification as an Eligible District of Columbia Renewable Energy Standards Generating Facility".

2902.3 An applicant submitting an Application for certification as a renewable resource shall state, at a minimum:

(a) The name of the Renewable Energy Facility for which the application is made and its address;

(b) The name of the owner of the facility and the owner's contact information;

(c) The name of the operator of the facility and the operator's contact information;

(d) The name of a contact person and the person's contact information;

(e) The renewable fuel type(s) and capacity information;

(f) The operational start date; and

(g) Whether the facility is a "behind-the-meter" generator.

2902.4 In addition to the information required in § 2902.3, an applicant submitting an Application must also attach:

(a) A current Certificate of Good Standing for the applicant issued by the state in which the business was formed, if applicable;

(b) A copy of the U.S. Department of Energy, Energy Information Administration Form EIA 860, if the rated capacity is greater than one megawatt (1 MW);

(c) A Certificate of Authorization to Conduct Business in the District of Columbia, if applicable;

(d) Documentation of authority to sign on behalf of the applicant;

(e) Documentation that the energy output of non-residential solar heating, cooling, or process heat property systems producing or displacing greater than ten thousand kilowatt hours (10,000 kWh) per year is determined by an on-site energy meter that meets performance standards established by the International Organization of Legal Metrology (OIML) and the solar collectors used have an OG-100 certification based on the most current adopted standard from the Solar Rating and Certification Corporation (SRCC), if applicable;

(f) Documentation that the energy output of non-residential solar heating, cooling, or process heat property systems producing or displacing ten thousand (10,000) or less kilowatt-hours per year is determined by the most current adopted SRCC OG-300 annual system performance rating protocol applicable to the property or by an on-site energy meter that meets performance standards established by OIML and the solar collectors used have an OG-100 certification based on the most current adopted

standard from the SRCC, if applicable;

(g) Documentation that the energy output of residential solar thermal energy systems is determined by the most current adopted SRCC OG-300 annual rating protocol or by an on-site energy meter that meets performance standards established by OIML and the solar collectors used have an OG-100 certification based on the most current adopted standard from the SRCC, if applicable;

(h) Interconnection Approval for the renewable generator, if applicable; and

(i) Documentation of site maps or construction drawings which identify the solar energy system's capacity, number of panels, tilt and azimuth, if applicable. These maps and/or drawings must include any as-built modifications, even if they are different from the site maps or construction drawings that were submitted to the Department of Consumer and Regulatory Affairs (DCRA), or the appropriate jurisdictional permitting authority.

2902.5 An applicant submitting an Application must attest to:

(a) Environmental Compliance, if the fuel type is not solar energy;

(b) General Compliance that all information contained in the Application is true and accurate;

(c) General Compliance with all Commission rules; and

(d) General Compliance, once certified, with production reporting requirements, terms of use, and the operating rules of the PJM Environmental Information Service GATS (PJM-EIS GATS).

2902.6 An Application shall be submitted through the Commission's website at www.dcpsc.org using the RPS interactive feature in the eDocket system. Applications may be submitted through the RPS interactive feature twenty-four (24) hours a day, seven (7) days a week. Review of applications in accordance with §§ 2902.7 and 2902.8 shall commence on the next business day if the application is submitted after 5:30 p.m. on a business day or if submitted on a non-business day.

2902.7 The Commission shall issue a decision on the Application within thirty (30) business days of the submission date subject to the conditions set forth in §

2902.6 filing. The generation resource shall be considered certified if the Commission has not acted within the thirty (30) business-day period, except where the Commission has issued a request for additional information.

2902.8 In cases where the Commission determines that an Application is insufficient or incomplete, the Commission or its staff will send a written request for additional information within fifteen (15) business days of the submission date subject to the conditions set forth in § 2902.6. In such cases, the applicant shall have fifteen (15) days to submit the additional information.

2902.9 An application shall be accepted for filing and docketed within fifteen (15) business days of the submission date provided no additional information is requested.

2902.10 A request for additional information from the Commission shall toll the deadline in § 2902.7 for issuing a decision on the applicant's Application.

2902.11 Upon receipt of the additional information from the applicant or its authorized representative, the Application shall be accepted for filing and docketed, and the Commission shall issue a decision on the application in accordance with the time periods prescribed in § 2902.7.

2902.12 Upon approval of an application, the Commission shall assign a unique GATS certificate number to the eligible renewable energy generating resource.

(a) The Commission shall be notified of any planned substantive changes in the operating characteristics of a certified generating facility at least thirty (30) days prior to the effective date of such changes. Substantive changes include, but are not limited to, changes in fuel type, fuel mix, generating capacity, generating resource tilt and/or azimuth, and generator type.

(b) A revised application or amendments shall be submitted for Commission review, subject to the time periods prescribed in § 2902.7. In addition, applicants and District-certified generating facilities shall notify the Commission of any substantive changes in information provided in an original or amended application within thirty (30) days.

(c) Any application for change in a solar energy system's orientation or system size shall include documentation of site maps or construction drawings which identify the system's capacity, number of panels, tilt and azimuth. These maps and/or drawings shall include any as-built modifications, even if they are different from the site maps or construction drawings that were submitted to the DCRA, or the appropriate

jurisdictional permitting authority.

2902.13 A renewable generator may be decertified by the Commission if it is determined to no longer be an eligible renewable resource due to fraud, gross negligence, or a material change in the nature of the resource. To make this determination, and to generally determine if renewable generators are in compliance with the RPS rules, the Commission or its authorized representative, may conduct a physical inspection or audit, as deemed appropriate, on any renewable generator to certify its production claims in the PJM-EIS GATS system. Before decertification, an owner of a renewable generator will be given thirty (30) days' written notice and an opportunity to show cause why it should not be decertified.

2902.14 Any renewable generator that is decertified due to fraud may not create any District of Columbia RECs for a three (3)-year period and may not retroactively create RECs for that same three (3)-year period.

2902.15 Any subsequent unrelated owner of the decertified renewable generator, pursuant to § 2902.14, is not subject to the three (3)-year exclusion beginning with its effective date of ownership.

2902.16 As of March 22, 2019, the effective date of the CleanEnergy DC Omnibus Amendment Act of 2018 (CleanEnergy Act) (D.C. Law 22-257), Tier One or Tier Two sources located within an Adjacent PJM State shall not be eligible for certification as qualified sources by the Commission. After December 31, 2019, a generating facility certified as a Tier Two renewable source shall not be eligible to generate RECs for the District of Columbia's RPS program. Until January 1, 2029, a generating facility that was certified, as of March 22, 2019, the effective date of the CleanEnergy Act, as a Tier One source located within an Adjacent PJM State, shall be eligible to generate RECs for the District of Columbia's RPS program.

2902.17 Every facility using qualifying biomass to generate electricity and certified as a qualifying resource by the Commission shall submit annually by June 1, starting in 2016, information demonstrating each system's total system efficiency for the current calendar year consistent with the definitions of "total system efficiency," "fuel input," and "useful thermal energy output" in Subsection 2999.1.

SOURCE: Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 56 DCR 2727 (April 10, 2009); 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, 2316 (March 23, 2012); as amended by Final Rulemaking published at 62 DCR 654 (January 16, 2015); 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); as amended by Final Rulemaking published at 67 DCR 0900 (January 31, 2020); as

amended by Final Rulemaking published at 68 DCR 5434 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 002772 (April 1, 2022).