W. Va. Code R. § 150-34-5

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-34-5 - Certified Alternative and Renewable Energy Resource Credits

5.1. Awarded credits shall be created and tracked through the registry system referenced in Rule 6.1.

5.2. A qualified energy resource certified under Rule 4.2.a or 4.2.c shall be awarded certified alternative and renewable energy resource credits as summarized in Table 150-34A at the end of this rule and as described below:

5.2.a. One credit for each megawatt hour of electricity generated or purchased from an alternative or renewable energy resource facility located within the geographical boundaries of this state or located outside of the geographical boundaries of this state but within the PJM Region;

5.2.a.1. Only electricity generated after the alternative or renewable energy resource is certified under Rule 4.2.a or 4.2.c is eligible for a credit; and

5.2.a.2. Any facility that is capable of producing electricity from more than one type of alternative or renewable energy resource, either simultaneously or as alternatives, shall be awarded credits in proportion to the electricity generation attributable to each alternative or renewable energy resource as provided for in the operating rules of GATS.

5.2.b. For the purpose of determining compliance with the Portfolio Standard requirements, the Commission will allow two times the credit awarded under Rule 5.2.a.1 for each megawatt hour of electricity generated from a renewable energy resource facility located within the geographical boundaries of this state or located in the PJM Region.

5.2.c. For the purpose of determining compliance with the Portfolio Standard requirements, the Commission will allow three times the credit awarded under Rule 5.2.a.1 for each megawatt hour of electricity generated from a renewable energy resource facility located within the geographical boundaries of this state if the renewable energy resource facility is sited upon a reclaimed surface mine.

5.3. A customer-generator or BTM generator must file an Alternative or Renewable Meter Generation Report with the Commission that corresponds with recordation of any energy production through the registry system. A customer-generator or BTM generator with a total rated system capacity of 10 kilowatts or less may use meter readings taken from a meter that is integrated into the system inverter or a revenue-quality meter that meets the applicable American National Standards Institute (ANSI) C-12 standard or its equivalent. A customer-generator or BTM generator with a total rated system capacity of more than 10 kilowatts must use a revenue-quality meter that meets the applicable ANSI C-12 standard or its equivalent.

5.3.a. Credits created by a customer-generator or BTM generator must be recorded in GATS, as provided for in the operating rules of GATS, at least once each calendar year in order to be eligible for compliance.

5.3.b. An authorized representative of the customer-generator or BTM generator shall file the Alternative or Renewable Meter Generation Report required under Rule 5.3.a., which shall be on a form provided by the Commission and shall contain, at a minimum, the following information:

5.3.b.1. A certification that the credits attributable to the customer-generation or BTM generation have not expired or been retired, transferred, or redeemed; and

5.3.b.2. A report or statement indicating the quantity of electricity generated as determined by a revenue-quality meter.

5.4. An electric utility may be awarded one credit for each ton (1 ton equals 2,000 pounds) of carbon dioxide equivalent reduced or offset as a result of a greenhouse gas emission reduction or offset project after the project is certified under Rule 4.2.d. Credits will be awarded to the electric utility upon retiring tons of carbon dioxide equivalent reduced or offset in the offset registry in which the reductions or offsets were registered for the express purpose of creating credits under this rule. Credits will be verified in the annual progress report filed under Rule 8.4

5.5. An electric utility may be awarded one credit for each megawatt hour of electricity conserved per year for the life of the project as a result of an energy efficiency or demand-side energy initiative project certified under Rule 4.2.e.

5.5.a. Credits may be awarded to utilities by presenting to the Commission the following information or documentation in accordance with the submission schedule submitted with the application under Rule 4.4.d.8., unless an alternative schedule has been subsequently requested by the Commission or proposed by the utility and approved by the Commission:

5.5.a.1. A statement indicating the megawatt hours of electricity savings being claimed;

5.5.a.2. A detailed explanation of how the methods used to determine the claimed electricity savings are in accordance with the approved evaluation, measurement, and verification plan. To the extent possible, project electricity savings should be verified by meter readings and submitted to the Commission;

5.5.a.3. Attestation from the retail customer confirming the electric utility has met all contract obligations related to the energy efficiency or demand-side energy initiative project, including, but not limited to, proper implementation and operation of the project;

5.5.a.4. Attestation from the electric utility that the project has not been modified, removed, destroyed, disabled, or abandoned since the date of application for approval by the Commission; and

5.5.a.5. Any other information or documentation deemed relevant by the Commission.

5.5.b. Based on the information submitted by utilities pursuant to this rule, the Commission shall determine the amount of electricity savings attributable to each project and shall award credits for the approved electricity savings accordingly.

5.6. An electric utility may meet the alternative and renewable energy Portfolio Standard requirements set forth in this rule by purchasing additional credits awarded pursuant to Rule 5.2. An electric utility purchasing power may meet the Portfolio Standard requirements set forth in this rule, provided that the credit awarded pursuant to Rule 5.2 is included in, or bundled with, the purchase of the power. Credits may also be purchased independently, or unbundled from, purchased power.

5.6.a. An electric utility may buy or sell credits or bank credits and use them to meet the Portfolio Standard requirement in a subsequent year;

5.6.b. Each credit transaction shall be reported by the selling entity to the Commission as provided for in Rule 8.4.

5.6.c. The Commission may impose an administrative transaction fee on a credit transaction in an amount not to exceed the actual direct cost of processing the transaction by the Commission.

5.7. A customer-generator shall own the credits awarded for its generation unless the customer-generator contracts with a third party for the credits awarded, in which case the third party shall own the credits awarded for generation.

5.8. A BTM generator shall own the credits awarded for its generation unless the BTM contracts with a third party for the credits awarded, in which case the third party shall own the credits awarded for generation.

5.9. The Commission may verify information submitted for certification of credits by performing a review or site visit to the electric utility or generating facility. The qualified facility shall provide the Commission access to the facility or furnish documentation to substantiate information submitted as part of the certification process. If physical access to the facility is not provided or documentation requested by the Commission is not provided within thirty (30) days of a request by the Commission, the qualified credits may be decertified by the Commission. Before the credits are decertified, a qualifying electric utility or facility will be given thirty (30) days written notice and an opportunity to demonstrate why the credits should not be decertified.

W. Va. Code R. § 150-34-5