26 Del. Admin. Code § 3008-1.0
"Alternative Compliance Payment" or "ACP" means a payment of a certain dollar amount per megawatt hour, which a CREC may submit in lieu of supplying the minimum percentage of RECs required under subsection 3.3.5.
"Commission" means the Delaware Public Service Commission.
"Community-owned energy generating facility" means a renewable energy generating facility, located in the service area of a utility under the regulation of the Public Service Commission, that has multiple owners or customers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or customer. The facility shall be interconnected to the distribution system and operated in parallel with an electric distributions company 's trans mission and distribution facilities.
"Compliance Year" means the calendar year beginning with June 1 and ending with May 31 of the following year, for which a CREC must demonstrate that it has met the requirements of this Regulation.
"CREC" means a Commission-regulated electric distribution company or a Commission-regulated utility.
"Customer-Sited Generation" means a Generation Unit that is interconnected on the End-Use Customer's side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the End-Use Customer.
"DNREC" means Delaware Department of Natural Resources and Environmental Control.
"Eligible Energy Resources" means the following energy sources located within the PJM region or imported into the PJM region and tracked through the PJM Market Settlement System:
Solar Photovoltaic Energy Resources;
Electricity derived from wind energy;
Electricity derived from ocean energy including wave or tidal action, currents, or thermal differences;
Geothermal energy technologies that generate electricity with a steam turbine, driven by hot water or steam extracted from geothermal reservoirs in the earth's crust;
Electricity generated by a fuel cell powered by Renewable Fuels;
Electricity generated by the combustion of gas from the anaerobic digestion of organic material;
Electricity generated by a hydroelectric facility that has a maximum design capacity of 30 megawatts or less from all generating units combined that meet appropriate environmental standards as determined by DNREC (see DNREC Regulation's Secretary's Order No. 2006-A-0035);
Electricity generated from the combustion of biomass that has been cultivated and harvested in a sustainable manner as determined by DNREC, and is not combusted to produce energy in a waste to energy facility or in an incinerator (see DNREC Regulation's Secretary's Order No. 2006-A-0035);
Electricity generated by the combustion of methane gas captured from a landfill gas recovery system; provided, however, that:
Increased production of landfill gas from production facilities in operation prior to January 1, 2004 demonstrates a net reduction in total air emissions compared to flaring and leakage;
Increased utilization of landfill gas at electric generating facilities in operation prior to January 1, 2004 (i) is used to offset the consumption of coal, oil, or natural gas at those facilities, (ii) does not result in a reduction in the percentage of landfill gas in the facility's average annual fuel mix when calculated using fuel mix measurements for 12 out of any continuous 15 month period during which the electricity is generated, and (iii) causes no net increase in air emissions from the facility; and
Facilities installed on or after January 1, 2004 meet or exceed 2004 Federal and State air emission standards, or the Federal and State air emission standards in place on the day the facilities are first put into operation, whichever is higher.
"End-Use Customer" means a person or entity in Delaware that purchases electrical energy at retail prices from a CREC.
"Fund" or "Green Energy Fund" means the Delaware Green Energy Fund as authorized under 26 Del.C. § 1014(a).
"GATS" means the Generation Attribute Tracking System developed by PJM-Environmental Information Services, Inc. (PJM-EIS).
"Generation Attribute" means a non-price characteristic of the electrical energy output of a Generation Unit including, but not limited to, the Unit's fuel type, geographic location, emissions, vintage, and RPS eligibility.
"Generation Unit" means a facility that converts a fuel or an energy resource into electrical energy.
"Industrial Customer" means an End-Use Customer with a North American Industry Classification System (NAICS) Manufacturing Sector Code.
"Municipal Electric Company" means a public corporation created by contract between 2 or more municipalities pursuant to provisions of Title 22, Chapter 13 of the Delaware Code and the electric utilities that are municipally owned within the State of Delaware.
"New Renewable Generation Resources" means Eligible Energy Resources first going into commercial operation after December 31, 1997.
"Non-Exempt Customers" means all customers of the Commission-regulated electricity company that have not been certified by the Commission as exempt from the RPS under subsection 2.2.
"Peak Demand" shall have the same meaning as and be determined consistently with how such term or a similar term is defined and determined in the applicable utility's tariff then in effect and approved by the Commission. For customers with more than one account, the peak demands shall be aggregated for all accounts. The calculation will be applied in the current year based on the Peak Demand, as defined above, in the prior year.
"PJM" or "PJM Interconnection" means the regional transmission organization (RTO) that coordinates the movement of wholesale electricity in the PJM region, or its successors at law.
"PJM region" means the area within which the movement of wholesale electricity is coordinated by PJM Interconnection. The PJM region is as described in the Amended and Restated Operating Agreement of PJM.
"Qualified Fuel Cell Provider" means an entity that:
"Qualified Fuel Cell Provider Project" (or "QFCPP") means a fuel cell power generation project located in Delaware owned and/or operated by a Qualified Fuel Cell Provider under a tariff approved by the Commission pursuant to 26 Del.C. § 364(d).
"Renewable Energy Credit" or ("REC") means a tradable instrument comprised of all the Generation Attributes equal to 1 megawatt-hour of electricity derived from Eligible Energy Resources and that is used to track and verify compliance with the provisions of this Regulation. A REC does not include emission reduction credits and/or allowances encumbered or used by a Generation Unit for compliance with local, state, or federal operating and/or air quality permits associated with the 1 megawatt-hour of electricity.
"Renewable fuel" means a fuel that is derived from Eligible Energy Resources. This term does not include a fossil fuel or a waste product from a fossil fuel source.
"RPS" or "Renewable Energy Portfolio Standard" means the percentage of electricity sales at retail in the State that is to be derived from Eligible Energy Resources.
"Retail Electricity Product" means an electrical energy offering that is distinguished by its Generation Attributes only and that is offered for sale by a CREC to End-Use Customers. Multiple electrical energy offerings with the same Generation Attributes may be considered a single Retail Electricity Product.
"Rural Electric Cooperative" means a non-stock, non-profit, membership corporation organized pursuant to the Federal "Rural Electrification Act of 1936" and operated under the cooperative form of ownership.
"Solar Alternative Compliance Payment" or "SACP" means a payment of a certain dollar amount per megawatt-hour, which a CREC or Municipal Electric Supplier may submit in lieu of supplying the Minimum Percentage from Solar Photovoltaic required under subsection 3.3.6.
"Solar Photovoltaic Energy Resources" means solar photovoltaic or solar thermal energy technologies that employ solar radiation to produce electricity or to displace electricity use.
"Solar Renewable Energy Credit" or "SREC" means a tradable instrument that is equal to 1 megawatt-hour of retail electricity sales in the State that is derived from Solar Photovoltaic Energy Resources and that is used to track and verify compliance with the provisions of this Regulation.
"Sustainable Energy Utility" or ("SEU") is the nonprofit entity according to the provisions of 29 Del.C. § 8059 that develops and coordinates programs for energy end-users in Delaware for the purpose of promoting the sustainable use of energy in Delaware.
"Total Retail Sales" means retail sales of electricity within the State of Delaware exclusive of sales to any Industrial Customer with a Peak Demand in excess of 1,500 kilowatts.
"Unsubscribed energy" means any community-owned energy generating facility percentage of output that is not allocated to any customer.
26 Del. Admin. Code § 3008-1.0
13 DE Reg. 952 (01/01/10)
14 DE Reg. 1241 (05/01/11)
22 DE Reg. 525 (12/1/2018)
24 DE Reg. 1014 (5/1/2021)
25 DE Reg. 541 (11/1/2021) (Final)