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Regulator Adopts Decision To Move Forward With New Rule Requiring Retail Suppliers To Maintain Additional Security To Cover RPS Obligations
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The Connecticut PURA had adopted a decision to move forward with proposed revised RPS rules which include a new requirement that retail electric suppliers must maintain separate security specific to their RPS obligations
The proposed new rules now move through the state's administrative process, outside of PURA, for new rules
The final proposed rule provides, "Renewable Energy Portfolio Standards Security. (1) In addition to the security required by
section 16-245-4 of the Regulations of Connecticut State Agencies, each electric supplier shall maintain
a renewable energy portfolio standards security with the Authority equal to the full alternative
compliance payment that the electric supplier would be required to pay to the Authority pursuant to
section 16-245(k) of the Connecticut General Statutes based on the forecast year load."
Under the final proposed rule, "The forecast year
load shall be the amount of the full load served by the electric supplier during the previous calendar year,
unless the Authority determines for good cause shown that the forecast year load should be a different amount."
Under the proposed rules, "security" means a bond, letter of credit, guarantee, or other appropriate financial instruments approved by the Authority from a creditworthy financial institution
The final proposed rule provides that a new supplier that was granted a license by the Authority pursuant to section 16-245 of
the Connecticut General Statutes during the previous calendar year shall maintain a renewable energy
portfolio standards security in the amount of twenty five thousand dollars ($25,000) or in an amount
equal to the full alternative compliance payment for such electric supplier’s projected load for its first
year of operations, whichever is greater.
The final proposed rule requires that, annually, an electric supplier shall review the amount of its security.
If the amount of the electric
supplier’s security is insufficient to pay at least ninety percent of the electric supplier’s full alternative
compliance payment that the electric supplier would be required to pay to the Authority pursuant to
section 16-245(k) of the Connecticut General Statutes based on the forecast year load, the electric
supplier shall increase the security maintained to an amount
sufficient to pay the full alternative compliance payment obligation due for the forecast year load, the final proposed rule provides
The above-described requirements to maintain a security shall not apply to wholesale suppliers
providing generation supply to electric distribution companies for standard service load
The final proposed new rule also alters the RPS banking language
The final proposed rule states, "An electric distribution company or electric supplier may bank renewable energy
certificates in the current year to comply with the renewable energy portfolio standard requirements in
either of the following two years, provided the electric distribution company or electric supplier,
respectively, has complied with the renewable energy portfolio standard requirements in the year in which
it wants to bank the renewable energy certificates."
The existing banking percentage limits remain
However, the final proposed rule provides that the Authority, after conducting a
proceeding and determining such action to be in the public interest, may increase or reduce the amount of allowable
banking in future compliance years or terminate
banking altogether.
With respect to other new provisions, the final proposed rule provides that an electric supplier shall
be responsible for independently managing its NEPOOL GIS renewable energy certificate accounts
throughout the year. "The Authority shall not accept or review a request from an electric supplier to
reallocate renewable energy certificates into or out of the electric supplier’s NEPOOL GIS accounts or
subaccounts, or both," the final proposed rule states
The final proposed rule provides that, "Electric
distribution companies shall make available to electric suppliers monthly load settlement data. Electric
distribution companies shall submit to the Authority and each electric supplier, on or before the date
published by the Authority in its annual notice of the renewable energy portfolio compliance docket, a
report on a form prescribed by the Authority that summarizes the electric supplier’s monthly and total
load settlement data for the previous calendar year."
Consistent with recent statutory changes, the final proposed rule eliminates the provisions that
allowed electric distribution companies and electric suppliers to make up a deficiency in an annual
renewable portfolio standard (RPS) obligation in the first three months of the following calendar year
Docket No. 19-10-26
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June 6, 2022
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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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