Section 15-2901. RPS COMPLIANCE REQUIREMENTS

 

2901.1An 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.

 

2901.2An 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.

 

2901.3Each 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.

 

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

 

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

 

2901.6Each 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 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.

 

2901.8Any 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 the Environment's Energy Office (DDOE or Energy Office) by April 1 of the calendar year following the year of compliance.

 

2091.10An 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.

 

2901.11An 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. 

 

2901.12After 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.

 

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

 

2901.14Energy 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 for five years after the effective date of that act; but any extension or renewal of such contracts shall be subject to the increased solar energy compliance fee as required by that act.

 

2901.15The 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 2023; four hundred dollars ($400) for each REC shortfall for Solar Energy resources in 2024 through 2028; three hundred dollars ($300) for each REC shortfall for Solar Energy resources in 2029 through 2032; and fifty dollars ($50) for each REC shortfall for Solar Energy resources in 2033 and thereafter.

 

 

authority

Sections 34-802 and 2-505 of the District of Columbia Code, D.C. Official Code § 34-802 (2012 Repl. & 2015 Supp.); D.C. Official Code § 2-505 (2012 Repl. & 2015 Supp.).

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).