810 R.I. Code R. 810-RICR-40-05-2.5

Current through November 7, 2024

Section 810-RICR-40-05-2.5 - Eligibility

A. Eligible Renewable Energy Resources are either:

1. Generation Units in the NEPOOL Control Area using:

a. direct solar radiation;

b. the wind;

c. movement of or the latent heat of the ocean;

d. the heat of the earth;

e. Small Hydro Facilities;

f. biomass facilities using Eligible Biomass Fuels and maintaining compliance with current air permits; Eligible Biomass Fuels may be co-fired with fossil fuels, provided that only the renewable energy fraction of production from multi-fuel facilities shall be considered eligible; or

g. fuel cells using the renewable resources referenced in this Section.

B. Generation Units located in a control area adjacent to NEPOOL, provided the associated Generation Attributes shall be applied to the Renewable Energy Standard only to the extent that the energy produced by the Generation Unit is actually delivered into NEPOOL for consumption by New England customers. The delivery of such energy from the Generation Unit into NEPOOL must be verified by:

1. a unit-specific bilateral contract for the sale and delivery of such energy into NEPOOL. A confirmation agreement with the adjacent control area's energy scheduling system that designates a unit specific source of energy, destination of the energy, and financially responsible party for the energy meets this requirement; and

2. confirmation from ISO that the renewable energy was actually settled in the ISO Market Settlement System; and

3. confirmation through the North American Reliability Council tagging system that the import of the energy into NEPOOL actually occurred; or

4. any such other requirements as the Commission deems appropriate.

C. Furthermore, any party using Generation Attributes from a Generation Unit located in control area adjacent to NEPOOL must provide documentation satisfactory to the Commission that the Generation Attributes have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than Rhode Island such as a report from a neighboring Generation Attribute accounting system or an affidavit.

D. Waste-to-energy technologies or processes of any sort or manner, whether thermal or non-thermal, whether aerobic or non-aerobic, shall in no instance be considered an eligible fuel or resource. Waste-to-energy technologies or processes include, but are not limited to, oxidation of waste, anaerobic treatments, and thermal treatments such as pyrolysis, gasification or plasma processes or treatment of inorganic and/or organic wastes with or without the recovery of the combustion heat generated. Eligible Biomass Fuels removed from the waste stream are eligible only if used after being fully separated from other waste. Gas resulting from the anaerobic digestion of sewage or manure is considered to be a type of biogas, and therefore an Eligible Biomass Fuel that has been fully separated from the waste stream. Landfill gas, which is an Eligible Biomass Fuel, means only that gas recovered from inside a landfill and resulting from the natural decomposition of waste, and that would otherwise be vented or flared as part of the landfill's normal operation if not used as a fuel source.

E. NEPOOL GIS Certificates associated with energy production from Off-grid Generation and Customer-sited Generation Facilities certified by the Commission as Eligible Renewable Energy Resources may also be used to demonstrate compliance.

F. Initial title to tradable emission credits under existing programs from all Eligible Renewable Energy generation facilities shall accrue to the owner of such a Generation Unit, unless such title has been explicitly deemed transferred pursuant to contract or regulatory order.

810 R.I. Code R. 810-RICR-40-05-2.5

Amended effective 5/28/2024