2903.1 A Renewable Generator may be decertified by the Commission if it is determined to no longer be an eligible Tier One renewable source due to fraud, gross negligence, or a material change in the nature of the source including but not limited to the removal or replacement of the Renewable Generator, a change in the location of the Renewable Generator, or a change in the fuel type of the Renewable Generator.

1. (a) 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 (1) conduct a physical inspection or audit, as deemed appropriate, on any Renewable Generator to certify its production claims in the GATS and/or (2) temporarily deactivate the GATS account of the Renewable Generator as appropriate.
2. (b) 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 unless (1) the owner or operator requests the system to be decertified or (2) there is Commission action consistent with changes in District laws.

2903.2 Any Renewable Generator that is decertified due to fraud may not create any District RECs for a three (3)-year period and may not create Retroactive RECs for that same three (3)-year period.

2903.3 Any subsequent unrelated owner of the decertified Renewable Generator, pursuant to Subsection 2903.2, is not subject to the three (3)-year exclusion beginning with its effective date of ownership.

2903.4 As of March 22, 2019, Tier One sources located within an Adjacent PJM State shall not be eligible for certification as qualified sources by the Commission. Until January 1, 2029, a generating facility that was certified, as of March 22, 2019, as a Tier One source located within an Adjacent PJM State, shall be eligible to generate RECs for the District's RPS program.

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2321 (March 23, 2012); 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 69 DCR 002772 (April 1, 2022); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024).