810 R.I. Code R. 810-RICR-40-05-2.6

Current through November 7, 2024

Section 810-RICR-40-05-2.6 - Certification

A. The Commission will certify Eligible Renewable Energy Resources by issuing statements of qualification within ninety (90) days of application.

1. Applicants for certification of Renewable Energy Resources must use the standardized application for certification developed by the Commission for such purpose. If a Generation Unit has been certified in another state, then the applicant must attach that state's order to its certification application. Applicants proposing the use of a biomass fuel must include with the application a biomass fuel source plan, as described in § 2.7 of this Part. All filings must be in conformance with the Commission's Rules of Practice and Procedure, in particular § 1.6 of this Subchapter, or its successor regulation, entitled "Formal Requirements as to Filings."

2. The Commission will make available all completed Renewable Energy Resource Eligibility forms, including attachments.

3. Any party in interest may comment on such filings to the Commission in writing within 30 days. Following the 30-day comment period, the Commission will consider an application for certification in an open meeting. The Commission may approve the application or request at that time, or set the matter for hearing following not less than 10-day notice.

4. The Commission's statement of qualification will include a unique certification number for each Generation Unit, and will designate whether the facility is qualified as a New Renewable Energy Resource, an Existing Renewable Energy Resource, or a resource capable of producing as both a New and Existing Renewable Energy Resource. For any Generation Unit qualified as capable of producing as both a New and Existing Renewable Energy Resource, and therefore able to produce "new" and "existing" NEPOOL GIS Certificates, the Commission will issue two statements of qualification, one as a New Renewable Energy Resource and one as an Existing Renewable Energy Resource. For such Generation Units with both New and Existing Renewable Energy Resource statements of qualification, each statement of qualification shall clearly delineate all information necessary for the NEPOOL GIS administrator to properly allocate the Generation Unit's production among New and Existing Renewable Energy Resources, consistent with § 2.3(A)(23) of this Part.

a. Facilities that have met all of the requirements except achievement of commercial operation or obtaining their NEPOOL-GIS number may receive approval from the Commission conditioned on submitting evidence that those conditions have been met. In such instances, following submittal of the required evidence, the unique certification number is issued to the facility.

B. The Commission or its consultant will provide non-binding prospective reviews for applicants seeking a preliminary determination as to whether a facility would be eligible prior to the formal certification process described in §§ 2.6(A)(1) through (4) of this Part:

C. The Commission will verify the on-going eligibility of renewable energy generators and the production of energy from such Generation Units, as follows:

1. Renewable Energy Resources of the type that combust fuel to generate electricity including but not limited to biomass facilities and dual fuel facilities must file quarterly reports due 60 days after the end of each quarter on the fuel stream used during the quarter. Such reports shall include the amounts, energy content, and other details of all fuels used and energy generated, sufficient to allow the Commission to determine the resource's eligibility under the Renewable Energy Act and, in the case of plants that co-fire an Eligible Biomass Fuel with a fossil fuel, to allow the Commission to determine or verify what amount of the Renewable Energy Resource's generation during that quarter is certified as being eligible. Generation Units that fail to supply such reports may be de-certified.

2. Renewable Energy Resources generation data reported in NEPOOL-GIS will be visible to state regulators.

3. Any other verification as required by the Commission in its certification order.

4. The Commission or persons acting at its behest may conduct audits or site visits to assist in verification at any time at the Commission's discretion.

D. To the extent consistent with the requirements of these regulations, the Commission will rely upon the NEPOOL GIS for verification of production of energy from Generation Units certified as eligible

E. Generators, once certified, shall notify the Commission in the event of a change in a generator's eligibility status. When and if, in the Commission's opinion, after due consideration, there is a material change in the characteristics of a Generation Unit or its fuel stream that could alter its eligibility, such Generation Unit must be recertified. Recertification of a Generation Unit will be conducted in the same manner as the certification process outlined above. Applicants for recertification of a Generation Unit must clearly state on the Renewable Energy Resources Eligibility Form that they are applying for recertification.

F. Suspension or Revocation: The Commission may suspend or revoke the certification of Generation Units, certified in accordance with § 2.6 of this Part, that are found, after notice and an opportunity for hearing, to provide false information or that fail to notify the Commission in the event of a change in eligibility status or otherwise comply with its rules. Other sanctions are detailed in § 2.10 of this Part.

1. A Commission order suspending certification will include a fixed period of time during which the Generation Unit shall not be eligible to provide NEPOOL GIS Certificates under these regulations.

2. A Commission order revoking certification of a generator under these rules may include a specific time period which must elapse before the Generation Unit may apply for recertification.

3. Time periods listed in §§ 2.6(F)(1) and (2) of this Part as well as other sanctions levied by the Commission should reflect the seriousness and number of instances of non-compliance by the Generation Unit.

G. With the exception of contracts for generation supply entered into prior to 2002, initial title to NEPOOL GIS Certificates from Off-grid and Customer-sited Generation Facilities and from all other Eligible Renewable Energy Resources shall accrue to the owner of such a Generation Unit, unless such title has been explicitly deemed transferred pursuant to contract or regulatory order.

H. Customer-sited and Off-grid Generation facility:

1. Customer-sited and Off-grid Generation Facilities may be certified as an eligible resource if their NEPOOL GIS Certificates are created by way of an aggregation of Generation Units using the same generation technology and vintage (e.g. New versus Existing), and so long as the aggregation is certified by the Commission. Such Generation Units that are interconnected on the End-use Customer's side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the End-use Customer, or not connected to a utility transmission or distribution system, will be eligible.

2. An aggregation may consist of as few as one Generation Unit, and the aggregation may be owned and/or operated by the same entities that own the Generation Units in the aggregation. In applying for certification by the Commission, the Aggregation Owner shall submit proposed procedures under which their particular aggregation will operate ("Aggregation Agreement," see § 2.6(H)(4) of this Part). The Commission may then certify the aggregation as an eligible Generation Unit, stipulating that the aggregation follow the procedures specified in the Aggregation Agreement. For the purposes of these Renewable Energy Standard regulations, an aggregation so certified will be considered a single "Generation Unit." Once certified by the Commission, individual Generation Units may enter or leave the aggregation without requiring approval of the Commission, so long as additions or subtractions from the aggregation comply with the Aggregation Agreement. Any changes to or deviations from the Aggregation Agreement will be considered a change in generator status, and will require recertification by the Commission.

3. NEPOOL GIS Certificates created by an aggregation shall be monitored and verified by a "Verifier". A Verifier may seek certification from the Commission. A request for certification by a Verifier must demonstrate the Verifier's independence, and describe procedures and qualifications by which the Verifier would fulfill each of the obligations placed upon the Verifier under § 2.6(H)(3) of this Part and §§ 2.6(H)(4)(b), (c)(1) through (3), (f)(1) through (3), (g), and (h) of this Part. Nothing in this language is meant to preclude the electric distribution company from being retained as the Verifier, assuming all qualifications contained in § 2.6(H)(3) of this Part and §§ 2.6(H)(4)(b), (c)(1) through (3), (f)(1) through (3), (g), and (h) of this Part are met.

4. In making application for certification of an aggregation as an eligible Generation Unit, the Aggregation Owner shall provide the Commission a proposed Aggregator Agreement, which shall contain the following information:

a. Name and contact information of the Aggregation Owner, to which these regulations and stipulations of certification shall apply, and who shall be the owner of any NEPOOL GIS Certificates so certified;

b. Name, contact information, and qualifications of the Verifier. Qualifications shall include any information the applicant believes will assist the Commission in determining that the Verifier will accurately and efficiently carry out its duties. After receipt of the application, the Commission may require additional evidence of qualifications;

c. A declaration of any and all business or financial relations between Aggregation Owner and Verifier, which the Commission will use to evaluate the independence of the Verifier. Reasons for ruling that a Verifier is not sufficiently independent include, but are not limited to:

(1) If one entity owns, directly or indirectly, or if a natural person so owns, 10% or more of the voting stock or other equity interest in the other entity;

(2) If 10% or more of the voting stock or other equity interests in both entities are owned, directly or indirectly, by the same entity or a natural person; or

(3) If one entity is a natural person, and such entity or a member of such entity's immediate family is an officer, director, partner, employee or representative of the other entity.

d. Further, the Aggregator Agreement shall include a statement indicating under what circumstances the Verifier would not be considered sufficiently independent of the individual Generation Unit, and that Generation Units not meeting this independence test would not be allowed to participate in the aggregation;

e. Type of technology that will be included in the aggregation, and statement that the aggregation will include only individual Generation Units that meet all the requirements of these regulations, for example physical location, vintage, etc.;

f. Proposed operating procedures for the aggregation, by which the Aggregation Owner shall ensure that individual Generation Units in the aggregation comply with all eligibility requirements and that the NEPOOL GIS Certificates created accurately represent generation. At a minimum, these procedures will:

(1) require a determination by the Aggregation Owner that the Generation Unit is in compliance with these Renewable Energy Standard regulations and that the Aggregation Agreement is approved by the Commission and an independent determination by the Verifier that the Generation Unit exists;

(2) require a meter reading procedure that allows the Verifier to read meters on the Generation Units; meter readings may be manual or remote and via the aggregators own system or via an independent system, but in all cases shall comply with NEPOOL GIS Operating Rules regarding metering;

(3) require confirmation that Verifier will be entering NEPOOL GIS Certificates in to the NEPOOL GIS system, as described in §§ 2.6(H)(4)(h) and (I) of this Part, include a procedure for the Verifier to report to the Commission on the results of their verification process.

g. Description of how the Verifier will be compensated for its services by the aggregator. In no instances will an aggregation be certified in which the Verifier is compensated in a manner linked to the number of NEPOOL GIS Certificates created by the aggregation.

h. No less frequently than quarterly, the Verifier shall directly enter into the NEPOOL GIS the quantity of energy production in the applicable time period from each Generation Unit in the aggregation. Such generation data shall not include any generation data from previous time periods, except as provided for in this Section. The entry of generation data by the Verifier will be through an interface designated for this purpose by the NEPOOL GIS and in accordance with NEPOOL GIS Operating Rules applicable to Third-Party Meter Readers, and to which the Aggregation Owner shall not have access. Output of less than one MWh by any single Generation Unit within the aggregation may be applied to the entire aggregation's generation, and generation of the aggregation less than one full MWh may be applied to the subsequent quarter in accordance with NEPOOL GIS Operation rules.

i. In the event the Aggregation Agreement is not followed, the Commission may impose penalties, up to and including decertifying the aggregation as an eligible Generation Unit.

810 R.I. Code R. 810-RICR-40-05-2.6

Amended effective 5/28/2024