PUC Directs Staff to Propose Rule Eliminating In-State RPS Requirement In Its Entirety

The Public Utilities Commission of Ohio has directed Staff to propose rule amendments which will eliminate the in-state requirement for renewable energy compliance required from utilities and retail suppliers effective immediately, with no proration for 2014.

Though recent legislation eliminated the in-state requirement, PUCO had been examining whether this absolved load serving entities of their entire in-state compliance for 2014, or, due to the date of passage, required LSEs to show compliance with the prior in-state requirement for a portion of 2014.

"[W]e find that, as S.B. 310 eliminates the in-state requirement and is effective several months prior to the end of 2014, the in-state requirement will no longer exist at the end of 2014. Additionally, the Commission's rules do not require companies to submit their annual reports on compliance with the benchmarks until April 15th of the following year; thus, the in-state requirement also will not exist at the time companies are required to file their annual reports. Consequently, as the end of 2014 is the pertinent date in the statute, the in-state requirement is eliminated for 2014, with no pro-ration necessary," PUCO said.