Section 1394 - Annual Submission to the Energy Commission(a) On or before June 1 of each year, each retail supplier shall submit a separate annual report to the Energy Commission containing the information identified in subdivision (b) below for each electricity portfolio offered the previous calendar year, in accordance with the methodology described in section 1393. Retail suppliers must submit this information on the Annual Report forms provided by the Energy Commission. (1) The retail supplier shall submit an electronic copy of each annual report in conformance with section 1208.1. Paper copies with original signatures shall be retained by the retail supplier and furnished to the Energy Commission upon request.(2) The report must include an attestation, signed by an authorized agent of the retail supplier under penalty of perjury, that the electricity claimed by the retail supplier as a specified purchase during the previous calendar year was sold once and only once to retail customers of that retail supplier, and that the information provided in the report is true and correct.(b) Annual Report. Retail suppliers shall provide the following information for each specified purchase of electricity procured in the previous calendar year and for electricity from unspecified sources from the previous calendar year on the forms provided by the Energy Commission. Retail suppliers shall submit GHG data pursuant to subdivisions (b)(1)(D)-(E) and (b)(3)(D) for generation and procurement that occurs on or after January 1, 2020.(1) General. (A) Fuel type attribute information using the fuel type categories identified in section 1393(b)(3). For purchases of specified system power of an asset-controlling supplier, retail suppliers may use the ACS Purchase Calculator provided by the Energy Commission to determine the appropriate fuel types and quantities.(B) Electricity purchases and sales information, denominated in thousands of kilowatt hours: 1. Gross kilowatt hours purchased.2. Kilowatt hours resold at wholesale.3. Net kilowatt hours of purchased electricity, determined by subtracting resold electricity from gross kilowatt hours of purchased electricity.4. Adjusted net kilowatt hours of purchased electricity, calculated pursuant to section 1393(a)(6).5. Quantity of unspecified power attributed to the electricity portfolio pursuant to section 1393(a)(4).(C) Identifying information: 1. Generator name, generator location (state or province), and generator identification numbers under the Renewables Portfolio Standard (RPS) and the Western Renewable Energy Generation Information System (WREGIS), if applicable.2. EIA number: a. The Energy Commission shall assign identification numbers to use in place of an EIA number for generators without an EIA number, for unspecified power, and for purchases of the specified system power of an asset-controlling supplier pursuant to subdivision (c).b. For specified purchases of eligible firmed-and-shaped products, the retail supplier shall also provide the EIA identification number of the generator that provided delivered electricity as specified under the firming-and-shaping agreement. If the source of the delivered electricity is unspecified power, the retail supplier shall use the identification number for unspecified power provided by the Energy Commission.(D) GHG emissions intensity associated with each purchase of electricity as provided by the Energy Commission pursuant to section 1393(c)(2).(E) Total GHG emissions associated with each purchase of electricity, calculated in accordance with section 1393(c), and expressed in metric tons of CO2e.(F) Annual surplus generation from a pumped storage facility, meaning the facility produced more electricity than it consumed for storage pumping and other on-site load during the previous year, shall be reported as specified purchases of large hydroelectricity. Annual losses incurred by pumped storage facilities, meaning the facility consumed more electricity through on-site load than it generated, shall not be reported.(2) Unbundled RECs. (A) Quantity of unbundled RECs associated with the electricity portfolio retired during the previous calendar year, denominated in thousands of kilowatt hours.(B) Generator name, location, fuel type, vintage year, and WREGIS and RPS identification numbers for each source of retired unbundled RECs.(C) Upon request by the Energy Commission, the retail supplier shall authorize WREGIS to confirm unbundled REC retirements associated with each electricity portfolio.(3) Aggregated Data.(A) Total adjusted net purchase for each fuel type, aggregated from information reported pursuant to subdivision (b)(1)(B).(B) Total retail sales of the electricity portfolio. The retail supplier shall also describe the retail suppliers' other electricity end-uses in megawatt hours, such as transmission and distribution losses.(C) Percentage of retail sales for each fuel type, rounded to the nearest tenth of a percent.(D) The GHG emissions intensity of the electricity portfolio pursuant to the calculation method specified in section 1393(c)(4).(E) Total retired unbundled RECs, expressed as a percentage of retail sales.(c) Asset-Controlling Suppliers. An asset-controlling supplier may have its wholesale sales of system power classified as specified system power of an asset-controlling supplier if it complies with the following reporting requirements by February 1 each year: (1) Reports to the CARB under section 95111(f) of the MRR and has an emission factor posted for use on the CARB website;(2) Reports to the Energy Commission the fuel mix of its specified system mix using the fuel types designated under section 1393(b)(3) and corresponding to the asset-controlling supplier's reporting pursuant to subdivision (c)(1); and(3) Provides to the Energy Commission an attestation by an authorized officer of the asset-controlling supplier affirming that the fuel mix in its report to the Energy Commission is consistent with the report submitted pursuant to subdivision (c)(1).Cal. Code Regs. Tit. 20, § 1394
1. New section filed 9-21-98; operative 10-21-98 (Register 98, No. 39).
2. Change without regulatory effect amending section filed 1-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 3).
3. Repealer and new section filed 3-5-2001; operative 3-5-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 10).
4. Amendment filed 10-31-2016; operative 10-31-2016 pursuant to Government Code section 11343.4 (Register 2016, No. 45).
5. Amendment filed 5-4-2020; operative 5-4-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 19). Note: Authority cited: Section 25213, Public Resources Code; and Section 398.5, Public Utilities Code. Reference: Sections 25216 and 25216.5, Public Resources Code; and Section 398.5, Public Utilities Code.
1. New section filed 9-21-98; operative 10-21-98 (Register 98, No. 39).
2. Change without regulatory effect amending section filed 1-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 3).
3. Repealer and new section filed 3-5-2001; operative 3-5-2001 pursuant to Government Code section 11343.4(Register 2001, No. 10).
4. Amendment filed 10-31-2016; operative 10/31/2016 pursuant to Government Code section 11343.4 (Register 2016, No. 45).
5. Amendment filed 5-4-2020; operative 5/4/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 19).