2902.1 Renewable generators, including behind-the-meter (BTM) generators, must be certified as a qualified resource by the Commission. The Commission shall not certify any Tier One solar energy system larger than fifteen megawatts (15 MW) in capacity – except for solar energy systems larger than fifteen megawatts (15 MW) in capacity that 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 – located within the District of Columbia or in locations served by a distribution feeder serving the District of Columbia. In addition, 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 may be certified as a qualified resource to meet the non-solar portion of the Tier One renewable source requirement of the renewable energy portfolio standard.

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 the 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 a OG-100 certification from the Solar Rating and Certification Corporation (SRCC), if applicable;

(f) Documentation that the energy output of the 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 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 a OG-100 certification from the SRCC, if applicable;

(g) Documentation that the residential solar thermal system energy output is determined by the 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 a OG-100 certification from the SRCC, if applicable; and

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

2902.5 An applicant submitting an Application must attest to:

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

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

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. The Commission should 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, and generator type. A revised application should 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. If a system is already certified, the changes to the system or facility shall be deemed approved unless the Commission requests additional information within fifteen (15) business days. If a request for additional information is issued for a system that is already certified, the changes to the system or facility shall be

deemed approved within fifteen (15) business days after a response is received, unless further information is requested.

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 or a material change in the nature of the resource. Before being decertified, a renewable electricity 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).