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PSC Issues Draft Revising Language Governing Exemption Of Existing Retail Contract From New RPS Changes
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The District of Columbia PSC has issued a revised set of draft rules to implement recent legislation concerning the RPS
The latest daft states, "Energy supply contracts executed prior to March 22, 2019, the effective date of the CleanEnergy Act, shall not be subject to the increased Tier One and Solar Energy requirements required by the CleanEnergy Act through January 1, 2022; but any extension or renewal of such contracts, executed on or after March 22, 2019, shall be subject to the increased Tier One and Solar Energy requirements as required by the CleanEnergy Act."
For comparison, the May draft has stated, "Energy supply contracts executed prior to March 22, 2019, the effective date of the CleanEnergy Act, shall not be subject to the increased Tier One and Solar Energy requirements required by that act through January 1, 2022; but any extension or renewal of such contracts shall be subject to the increased Tier One and Solar Energy requirements as required by that act."
The latest draft includes a definition for "Energy Supply Contract" as follows: "a contract between an electricity supplier and a customer for the retail sale of electricity."
The latest draft also revises language concerning the length of time for which RECs remain valid
The latest draft clarifies that, "RECs shall be valid for a three-year period from the date of generation,
except that Solar RECs produced by Solar Energy systems which meet the
requirements of D.C. Official Code § 34-1432(e)(1) and which may,
therefore, be used to meet the Solar Energy portion of the Tier One
requirement shall be valid for a five (5)-year period from the date of
generation. These Solar RECs shall be valid for a five (5)-year period
from the date of generation provided they were generated as of or after
March 22, 2019, the effective date of the CleanEnergy DC Omnibus
Amendment Act of 2018 (CleanEnergy Act) (D.C. Law 22-257). A newly
certified Renewable Generator can produce RECs starting from January 1st
of the year in which it was certified, except that any Renewable Generator
certified in January of any year can produce RECs starting January 1st of
the year before that certification."
The latest draft further adds language stating that, "After December 31, 2028, the RECs that had been produced by generating
facilities, on or before that date, that were certified as a Tier One source
located within an Adjacent PJM State on or before March 22, 2019, the
effective date of the CleanEnergy Act, shall be valid for the remainder of
the three (3)-year period from the date of generation. The Solar RECs
produced by such facilities, on or before December 31, 2028, shall be
valid for the remainder of the five (5)-year period from the date of
generation."
RM29-2019-01
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November 11, 2019
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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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