Or. Admin. Code § 340-215-0120

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-215-0120 - Requirements for Electricity Suppliers

Electricity suppliers required to register and report under OAR 340-215-0030(5) must report information and emissions related to the generation of electricity delivered or distributed to end users in this state during the previous year, regardless of whether the electricity was generated in this state or imported. Such reports must;

(1) Report the megawatt-hours (MWh) and greenhouse gas emissions from the generation of electricity from unspecified sources and from each specified source delivered or distributed to end users in Oregon during the previous year, as follows:

(a) For unspecified sources, report the MWh of electricity and calculate and report the associated GHG emissions according to section (5)(a). Separately identify the MWh for power purchased from any energy imbalance market(s) or other centralized market(s);

(b) For specified sources of electricity, report as follows:

(A) Report specified sources when one of the following applies:

(i) The electricity supplier is a facility or unit operator, full or partial owner, party to a power contract for a fixed percentage of generation from the facility or generating unit, party to a tolling agreement and rents a facility or unit from the owner or is an exclusive power deliverer that is not a retail provider and that has prevailing rights to claim electricity from the specified source; or

(ii) The electricity supplier has a power contract for electricity from a DEQ-approved asset-controlling supplier (ACS) or generated by a facility or unit, subject to meeting all other specified source requirements and can provide documentation that the contract was designated at the time the transaction was executed; and

(B) Electricity suppliers reporting specified sources must:

(i) Report the MWh of electricity disaggregated by facility or unit, and by fuel type or ACS, as measured at the busbar. If not measured at the busbar, report the amount of electricity delivered in Oregon, including estimated transmission losses using the default transmission loss correction factor of 1.02;

(ii) Report the GHG emissions associated with the electricity calculated according to subsection (5)(b); and

(iii) Report details about each specified facility, unit, or ACS, including fuel type or types and information about the seller, including company name and contact information;

(c) For electricity suppliers that are multi-jurisdictional utilities that deliver or distribute electricity in Oregon, report total MWh and greenhouse gas emissions from the generation of electricity from specified and unspecified sources in the utility's service territory or power system as required by subsections (a) and (b), and also report the following:

(A) Wholesale electricity purchased and taken from specified sources (MWh);

(B) Wholesale electricity purchased from unspecified sources (MWh);

(C) Wholesale electricity sold from specified sources (MWh); and

(D) Retail sales (MWh) to customers in Oregon's portion of the utility's service territory or power system;

(d) For electricity suppliers that are not multi-jurisdictional utilities, proportionally adjust all resources on an annual basis to account for the sale of power to the wholesale market that is not known to be just specified or unspecified; and

(e) Electric companies and electricity service suppliers as defined in ORS 757.600 subject to ORS 469A.210 must report and identify electricity (MWh) and greenhouse gas emissions associated with electricity acquired from net metering of customer resources or a qualifying facility under the terms of the Federal Energy Regulatory Commission's Public Utility Regulatory Policies Act of 1978 ("PURPA") Qualifying Facility program;

(i) Power acquired from net metering of customer resources includes the surplus electricity fed back into the electric grid by a net metered generator; and

(ii) Greenhouse gas emissions and electricity acquired from net metering resources may be reported in aggregate by resource type.

(2) Use DEQ approved and published emission factors for calculating and reporting GHG emissions, including;

(a) The emission factor for calculating emissions from unspecified power is 0.428 MT CO2e/MWh;

(b) Electricity suppliers reporting specified source power provided by a multi-jurisdictional utility or DEQ-approved ACS must calculate emissions using a system emission factor published by DEQ, which will be calculated by DEQ according to subsection (6)(b);

(c) Electricity suppliers reporting specified source power from a specific facility or unit must calculate emissions using emission factors published by DEQ, which will be calculated according to subsection (6)(a); and

(d) For reporting emissions from specified sources for which DEQ has not published an approved emission factor, electricity suppliers may propose facility-specific or unit-specific anthropogenic and biogenic emission factors expressed as metric tons of carbon dioxide equivalent (MT CO2e) per megawatt-hour of generation. Such a proposal to DEQ must include documentation describing how the proposed facility-specific or unit-specific emission factors are derived, including the necessary information for verification of these calculations. DEQ may adopt the proposed emission factors or may develop and assign facility-specific or unit-specific emission factors for the specified source. The regulated entity may use such an emission factor only if approved by DEQ;

(3) For utilities that do not receive electricity from other sources and who serve load exclusively in Oregon, a third-party report from the Bonneville Power Administration (BPA), reporting the preference sales provided to Oregon consumer-owned utilities may satisfy such regulated party's obligations under this division. If BPA does not report this information to DEQ, those consumer-owned utilities must report the information as required by this division;

(4) For a consumer-owned utility, a third-party may submit the registration and report, and the report may include information for more than one consumer-owned utility, provided that the report contains all information required under this division for each individual consumer-owned utility, and:

(a) The consumer-owned utility must notify DEQ at least 30 calendar days prior to the reporting deadline that a third-party will be reporting on its behalf. This notification must include the name and contact information for the third-party;

(b) This notification may include notice that the third-party will report on behalf of the consumer-owned utility for future years;

(c) For any future year in which there is a change in the third-party reporting on behalf of the consumer-owned utility, the consumer-owned utility must provide notification to DEQ at least 30 calendar days prior to the reporting deadline;

(d) Third-parties reporting on behalf of a consumer-owned utility must notify DEQ and request authorization from DEQ prior to submitting any reports. This notification must include identifying information of the consumer-owned utility; and

(e) Each consumer-owned utility must ensure that reports submitted on its behalf meet all requirements of this division;

(5) Calculate and report greenhouse gas emissions as follows:

(a) Emissions reported for electricity associated with unspecified sources must be calculated using the following equation:

CO2e = MWh × TL × EFunsp

For the purposes of this calculation, "EFunsp" means default emission factor for unspecified electricity equal to 0.428 MT CO2e/MWh;

(b) Emissions reported for electricity associated with specified sources must be calculated using the following equation:

CO2e = MWh × TL × EFsp

For the purposes of this calculation, "EFsp" means facility-specific, unit-specific, or ACS system emission factor published by DEQ; and

(c) Emissions reported by a multi-jurisdictional utility may be calculated according to a cost allocation methodology approved by the Oregon Public Utility Commission (OPUC) using the following equation:

CO2e = MWhMJOR × TL × EFMJ

For the purposes of this calculation, the following definitions apply:

"MWhMJOR" means total megawatt-hours of electricity delivered to retail customers in Oregon;

"EFMJ" means multi-jurisdictional utility system emission factor calculated according to equation (6)(c) (MT CO2e/MWh);

(6) For electricity suppliers, use emission factors calculated and published by DEQ for calculating and reporting emissions, as follows:

(a) DEQ will calculate facility-specific or unit-specific emission factors using the following equation:

EFsp = Esp /EG

For the purposes of this calculation, the following definitions apply:

"EFsp" means the facility-specific or unit specific emission factor;

"Esp" means CO2e emissions for a specified facility or unit for the report year (MT CO2e);

"EG" means net generation from a specified facility or unit for the report year;

(b) DEQ will calculate asset-controlling supplier system emission factors using the following equations:

EFSYS = Sum of System Emissions MT CO2e ÷ Sum of System MWh

Sum of System Emissions MT CO2e = [SIGMA]Esp + [SIGMA](PEsp × EFsp) + [SIGMA](PEunsp × EFunsp) - [SIGMA](SEsp × EFsp)

Sum of System MWh = [SIGMA]EGsp + [SIGMA]PEsp + [SIGMA]PEunsp - [SIGMA]SEsp

For the purposes of the calculations, the following definitions apply:

"[SIGMA]Esp" means Emissions from Owned Facilities. Sum of CO2e emissions from each specified facility/unit in the supplier's fleet, consistent with section (5)(b) (MT CO2e);

"[SIGMA]EGsp" means Net Generation from Owned Facilities. Sum of net generation for each specified facility/unit in the supplier's fleet for the data year as reported to DEQ under this division (MWh);

"PEsp" means Electricity Purchased from Specified Sources. Amount of electricity purchased wholesale and taken from specified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"PEunsp" means Electricity Purchased from Unspecified Sources. Amount of electricity purchased wholesale from unspecified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"SEsp" means Electricity Sold from Specified Sources. Amount of wholesale electricity sold from specified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"EFsp" means CO2e emission factor as defined for each specified facility or unit calculated consistent with section (5)(b) (MT CO2e/MWh);

"EFunsp" means default emission factor for unspecified sources calculated consistent with section (5)(a) (MT CO2e/MWh); and

(c) DEQ will calculate multi-jurisdictional utility system emission factors consistent with a cost allocation methodology approved by the Oregon Public Utility Commission using the following equation:

EFMJ = Sum of System Emissions MT CO2e ÷ Sum of System MWh

Sum of System Emissions MT CO2e = [SIGMA]Esp + [SIGMA](PEsp × EFsp) + [SIGMA](PEunsp × EFunsp) - [SIGMA](SEsp × EFsp)

Sum of System MWh = [SIGMA]EGsp + [SIGMA]PEsp + [SIGMA]PEunsp - [SIGMA]SEsp

For the purposes of the calculations, the following definitions apply:

"[SIGMA]Esp" means Emissions from Owned Facilities allocated to serve retail customers in Oregon pursuant to a cost allocation methodology approved by the Oregon Public Utility Commission. Sum of CO2e emissions from each specified facility/unit in the supplier's fleet, consistent with section (5)(b) (MT CO2e);

"[SIGMA]EGsp" means Net Generation from Owned Facilities allocated to serve retail customers in Oregon pursuant to a cost allocation methodology approved by the Oregon Public Utility Commission. Sum of net generation for each specified facility/unit in the supplier's fleet for the data year as reported to DEQ under this division (MWh);

"PEsp" means Electricity Purchased from Specified Sources allocated to serve retail customers in Oregon pursuant to a cost allocation methodology approved by the Oregon Public Utility Commission. Amount of electricity purchased wholesale and taken from specified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"PEunsp" means Electricity Purchased from Unspecified Sources allocated to serve retail customers in Oregon pursuant to a cost allocation methodology approved by the Oregon Public Utility Commission. Amount of electricity purchased wholesale from unspecified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"SEsp" means Electricity Sold from Specified Sources consistent with a cost allocation methodology approved by the Oregon Public Utility Commission. Amount of wholesale electricity sold from specified sources by the supplier for the data year as reported to DEQ under this division (MWh);

"EFsp" means CO2e emission factor as defined for each specified facility or unit calculated consistent with section (5)(b) (MT CO2e/MWh);

"EFunsp" means default emission factor for unspecified sources calculated consistent with section (5)(a) (MT CO2e/MWh); and

(7) For a person that owns or operates inter-connected electricity generating facilities or has exclusive rights to claim electricity from these facilities even though it does not own them may request that DEQ designate them as an asset-controlling supplier, and:

(a) Persons seeking designation by DEQ as an asset-controlling supplier must annually adhere to the requirements of this division, or be removed from asset-controlling supplier designation;

(b) In addition to submitting the applicable information as required by this rule, persons seeking designation by DEQ as an asset-controlling supplier must also submit the following by June 1 of each year:

(A) General business information, including business name and contact information;

(B) A list of officer names and titles;

(C) Wholesale electricity purchased and taken from specified sources (MWh);

(D) Wholesale electricity purchased from unspecified sources (MWh);

(E) Wholesale electricity sold from specified sources (MWh); and

(F) An attestation, in writing and signed by designated representative of the applicant that the information submitted is true, accurate, and complete; and

(c) DEQ will calculate and publish a supplier-specific system emission factor according to subsection (6)(b) for designated asset-controlling suppliers.

Or. Admin. Code § 340-215-0120

DEQ 14-2020, adopt filed 05/07/2020, effective 5/7/2020; DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023

Statutory/Other Authority: ORS 468A.050 & 468A.280

Statutes/Other Implemented: ORS 468 & 468A