W. Va. Code R. § 150-34-7

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

Section 150-34-7 - Alternative and Renewable Energy Portfolio Standard

7.1. For the purpose of determining an electric utility's compliance with the Portfolio Standard set forth in Rules 7.3 and 7.4 , each credit shall equal one megawatt hour of electricity sold by an electric utility in the preceding year to retail customers in West Virginia as recorded at the customer's meter, except as provided for under Rules 5.2.a-c. Furthermore, an electric utility may not use a credit more than once in order to comply with the Portfolio Standard.

7.2. No more than ten percent of the credits used each year by an electric utility to comply with the Portfolio Standard may be credits acquired from the generation or purchase of electricity generated from natural gas. No more than ten percent of the credits used each year by an electric utility to comply with the Portfolio Standard may be credits acquired from the generation or purchase of electricity generated from supercritical technology, provided however, that this limit does not apply to other advanced coal technologies as determined by the Commission.

7.3. On and after January 1, 2025, an electric utility shall each year own credits in an amount equal to at least twenty-five percent of the electric energy sold by the electric utility to retail customers in this state in the preceding calendar year.

7.4. The following interim Portfolio Standard shall apply:

7.4.a. For the period beginning January 1, 2015, and ending December 31, 2019, an electric utility shall each year own credits in an amount equal to at least ten percent of the electric energy sold by the electric utility to retail customers in this state in the preceding calendar year.

7.4.b. For the period beginning January 1, 2020, and ending December 31, 2024, an electric utility shall each year own credits in an amount equal to at least fifteen percent of the electric energy sold by the electric utility to retail customers in this state in the preceding calendar year.

7.5. Credits shall be retired in the registry and designated as having been used for compliance with the Portfolio Standard of this rule. Credits required to comply with the Portfolio Standard in a calendar year shall be retired in the registry as soon as possible but no later than the date upon which the next annual progress report is due.

7.6. An electric utility that is subject to an alternative energy, advanced energy, renewable energy or similar energy portfolio standard in another state may not use electricity generated to meet that state's portfolio standard to satisfy the requirements of this rule.

7.7. An electric utility shall not apply any voluntary purchases by retail customers of energy from renewable sources or voluntary purchases by retail customers of offset or greenhouse gas emission reductions offsetting retail power use toward its mandatory Portfolio Standard requirements.

7.8. An electric utility may apply any credits owned by the electric utility and that are in excess of the Portfolio Standard in any given year to the requirements for any future year's Portfolio Standard.

7.9. Upon its own initiative or upon the request of an electric utility, the Commission may modify the Portfolio Standard requirements of an electric utility in a given year or years, or recommend to the Legislature that the Portfolio Standard requirements be eliminated if the Commission determines that alternative or renewable energy resources are not reasonably available in the marketplace in sufficient quantities for the electric utility to meet the requirements of this rule.

7.9.a. In making its determination, the Commission shall consider whether the electric utility made good faith efforts to acquire sufficient credits to comply with the requirements of this rule. Such good faith efforts shall include, but are not limited to, banking excess credits, seeking credits through competitive solicitations and seeking to acquire credits through long-term contracts. The Commission shall assess the availability of credits on the open market, including the availability of qualified resources both in West Virginia and within the PJM region. The Commission may also require that the electric utility solicit credits before a request for modification may be granted.

7.9.b. If an electric utility requests a modification of its Portfolio Standard requirements, the Commission shall make a determination as to the request within sixty days.

7.9.c. Commission modification of an electric utility's Portfolio Standard requirements shall apply only to the Portfolio Standard in the year or years modified by the Commission. Commission modification may not automatically reduce an electric utility's Portfolio Standard requirements in future years.

7.9.d. If the Commission modifies an electric utility's Portfolio Standard requirements, the Commission may also require the electric utility to acquire additional credits in subsequent years equivalent to the requirements reduced by the Commission.

W. Va. Code R. § 150-34-7