Section Puc 2505.12 - Suspension of Eligibility to Produce Certificates for Biodiesel Production Facilities(a) The commission shall suspend the eligibility of a biodiesel production facility for one or more calendar quarters if any of the following has occurred: (1) Failure of the biodiesel producer to notify the commission of any applicable federal, state, or local air emissions or water discharge standards violations or non-compliance within 30 days as required under Puc 2505.09(d);(2) Misrepresentation of biodiesel production or sales information in reports submitted by the biodiesel producer;(3) Misrepresentation of biodiesel sales to New Hampshire end users in summary distributor reports submitted to the independent monitor;(4) Failure to submit an annual report or notification of material change to the commission when required;(5) Failure of the biodiesel producer to comply with any applicable federal, state, or local air emissions or water discharge standards; or(6) Other misrepresentation by the biodiesel producer in any application or report submitted to the commission.(b) The commission shall suspend the eligibility of a biodiesel producer pursuant to (a) above through the following process:(1) Commission staff shall review the failure or misrepresentation and propose suspension terms and conditions to the biodiesel producer;(2) If the biodiesel producer agrees with the proposed suspension terms and conditions, then a stipulation of suspension shall be prepared and filed with the commission, and the suspension shall be effective as of and for the number of calendar quarters specified in the stipulation; and(3) If the biodiesel producer does not agree with the proposed suspension terms and conditions, then the producer shall have the opportunity for an adjudicative proceeding with a hearing before the commission, pursuant to Puc 2505.15.(c) The period of any suspension under (a) above shall be determined with the objective of deterring future failures or misrepresentations of the type specified in (a)(1) through (a)(6) above, based on consideration of the following factors: (1) The severity of the failure or misrepresentation;(2) Whether the failure or misrepresentation was unintentional or immaterial;(3) Whether the biodiesel producer acted in good faith to comply with all applicable statutory and regulatory requirements;(4) Facts, actions, or conditions, if any, that might excuse or justify a particular failure or misrepresentation; and(5) Other relevant information pertaining to the business practices of the biodiesel producer.(d) All REC eligibility suspensions under this section shall be prospective only and, once created, no certificate shall be disqualified or removed from the GIS system.N.H. Admin. Code § Puc 2505.12
Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10741, Effective 12/5/2014.Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12473, Effective 2/1/2018, Expires 2/1/2028.