65-407-311 Me. Code R. § 8

Current through 2024-51, December 18, 2024

Section 407-311-8 - NON-COMPLIANCE; SANCTIONS

A.Cure Period . A competitive electricity provider that does not satisfy the Class I, Class IA, eligible resource or thermal energy requirements of this Chapter during a compliance period, but has obtained eligible GIS or NAR certificates that together correspond to at least two-thirds of the Class I, Class IA, eligible resource, or thermal energy portfolio requirements, may cure the deficiency over the next compliance period, so that over the two compliance periods the portfolio requirements of this Chapter are satisfied.

B.Banked Compliance . A competitive electricity provider may satisfy up to one-third of the portfolio requirements of this Chapter in any year through eligible GIS or NAR certificates associated with electricity or thermal energy production in the prior year. GIS or NAR certificates used for compliance pursuant to this provision must be in excess of the prior year requirements and have not been previously used to satisfy a portfolio requirement in another jurisdiction.

C.Sanctions . A competitive electricity provider that does not satisfy the portfolio requirements of this Chapter, allowing for the cure period provided for in subsection A, is subject to one or more of the following sanctions:

1.License Revocation . The Commission may revoke the competitive electricity provider's license pursuant to the procedures established in Chapter 305.

2.Penalties . The Commission may impose monetary penalties pursuant to the procedures established in Chapter 305.

3.Other . The Commission may impose any other sanction authorized by law that it determines appropriate, taking into account the facts and circumstances that resulted in the failure to satisfy the portfolio requirement.

4.Waiver . The Commission may waive the imposition of sanctions upon a showing that the competitive electricity provider made good faith efforts but could not reasonably satisfy the portfolio requirements of this Chapter due to market conditions. The Commission shall provide interested persons with notice and an opportunity to be heard prior to waiving the imposition of sanctions pursuant to this paragraph.

65-407 C.M.R. ch. 311, § 8