Cal. Code Regs. tit. 20 § 3208

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3208 - Enforcement
(a) Any complaint against a POU pertaining to the enforcement of a RPS requirement, or any regulation, order, or decision adopted by the Commission pertaining to the RPS, shall be filed in accordance with Title 20, section 1240 of the California Code of Regulations.
(b) A complaint may be issued for a POU's failure to comply with any of the requirements in these regulations, including, but not limited to any of the following:
(1) Failure to meet an RPS procurement target as specified in subdivision (a) of section 3204 for reasons other than the POU's adopted cost limitations and/or delay of timely compliance rules which the Commission determines comport with the RPS requirements as specified in subdivisions (a)(2) and (3) of section 3206
(2) Failure to meet a Portfolio Content Category 1 portfolio balance requirement as specified in subdivision (c) of section 3204 for reasons other than the POU's adopted cost limitation, delay of timely compliance, and/or portfolio balance requirement reduction rules which the Commission determines comport with the RPS requirements as specified in subdivisions (a)(2)-(4) of section 3206
(3) Beginning January 1, 2021, failure to meet the long-term procurement requirement as specified in section 3204(d) for reasons other than the POU's adopted delay of timely compliance or cost limitation rules which the Commission determines comport with the RPS requirements as specified in subdivision (a)(2) and (3) of section 3206.
(4) Failure to adopt an RPS procurement plan, enforcement program or plan, or provide notice, disclosure, or other information to the Commission and public as specified in section 3205
(5) Failure to submit a complete annual, compliance, or other report, or other documentation or information as specified by section 3207.
(c) Deficits incurred in any RPS procurement requirement shall be equally considered in the complaint process.

Cal. Code Regs. Tit. 20, § 3208

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 399.30, Public Utilities Code. Reference: Section 399.30, Public Utilities Code.

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).