Section 810-RICR-40-05-2.10 - Sanctions for Non-ComplianceA. Obligated Entities that fail to comply with the Commission's regulations related to the Rhode Island Renewable Energy Standard will first receive a warning letter with a stated date of compliance. If such Obligated Entity then fails to comply by the date indicated in the warning letter its license will be suspended and it will not be allowed to enroll new customers. If problem is still not corrected by the dates in the suspension notice, its license will be revoked. Outstanding payments (e.g., to the Alternative Compliance Payment) will include interest.B. No sanction or penalty shall relieve or diminish an Obligated Entity from liability for fulfilling any shortfall in its compliance obligation, provided, however, that no sanction shall be imposed if compliance is achieved through Alternative Compliance Payments.C. Financial penalties resulting from sanctions from Obligated Entities shall not be recoverable in rates of electric distribution companies as defined in R.I. Gen. Laws § 39-1-2(12).D. Generation Units that fail to abide by the Commission's regulations or which are found by the Commission after notice and opportunity for hearing to have reported falsely to the Commission are subject to the following sanctions: 1. Immediate revocation or suspension of the Generation Unit's certification;2. The Commission may order the Generation Unit to make payments to the REDF in the amount of the Alternative Compliance Payment multiplied by the number of NEPOOL GIS Certificates involved in the false reporting;3. The Commission may also order Generation Units that have reported falsely to secure substitute NEPOOL GIS Certificates in the number involved in the false reporting and retire them);4. NEPOOL GIS Certificates purchased by Obligated Entities later found to be tainted will not be deemed ineligible for compliance purposes unless it can be demonstrated that the Obligated Entity was aware of the problem;5. Once a Generation Unit has paid the penalties and brought the facility into compliance it can be recertified by the Commission. Recertification will be effected by the same process as outlined in § 2.6 of this Part; and6. Additionally, Generation Units and Obligated Entities reporting falsely to the Commission are subject to laws against perjury.810 R.I. Code R. 810-RICR-40-05-2.10
Amended effective 5/28/2024