W. Va. Code R. § 150-34-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-34-4 - Qualified Energy Resources Application and Certification

4.1. In order to be a qualified energy resource, an electricity generator or project seeking entitlement to credits must be certified as such by the Commission. If the Commission determines an energy resource qualifies to generate credits under W. Va. Code § 24-2F-4, the Commission will issue a certification number for the qualified energy resource to be recorded in the registry system referenced in Rule 6.1.

4.2. The following types of facilities may apply to be a qualified energy resource:

4.2.a. A facility that generates electricity from an alternative energy resource as defined in Rule 2.4.

4.2.a.1. A facility will not be qualified if it operates outside the PJM Region.

4.2.a.2. Customer-sited generation, demand-response, whether new or existing, that the customer commits for integration into the electric utility's demand-response, energy efficiency or peak demand reduction programs will not be qualified if it has previously been certified as an energy efficiency or demand-side energy initiative project.

4.2.b. A facility not yet in operation seeking predetermination as a specific type of "advanced coal technology" shall file a petition with the Commission.

4.2.c. A facility that generates electricity from a renewable energy resource as defined in Rule 2.22.

4.2.c.1. A facility will not be qualified if it operates outside the PJM Region.

4.2.c.2. Customer-sited generation, demand-response, whether new or existing, that the customer commits for integration into the electric utility's demand-response, energy efficiency or peak demand reduction programs will not be qualified if it has previously been certified as an energy efficiency or demand-side energy initiative project.

4.2.d. A greenhouse gas emission reduction or offset project will be qualified after demonstrating that the emission reductions or offsets occur within the state and have been certified by one of the greenhouse gas programs approved by the Commission.

4.2.d.1. A greenhouse gas emission reduction or offset project will not be qualified if it has been undertaken pursuant to an obligation under any other West Virginia state law, policy or regulation.

4.2.e. An energy efficiency or demand-side energy initiative project will be qualified after demonstrating that it is located within the geographic boundaries of this state and it reduces the consumption of electricity by retail customers through the implementation of technologies, programs, and strategies as defined in Rule 2.14 and subject to the following rules:

4.2.e.1. An energy efficiency or demand-side energy initiative project will not be qualified if it has been undertaken pursuant to an obligation under any other West Virginia state law, policy or regulation;

4.2.e.2. An energy efficiency or demand-side energy initiative project will not be qualified if it has previously been certified as an alternative or renewable energy resource;

4.2.e.3. An energy efficiency or demand-side energy initiative project will be qualified only if equipment, physical, or program changes are made that reduce electricity consumption by the customer. Projects that solely involve changes, such as signage, newsletters, or other policies designed to encourage behavioral change, will not be qualified;

4.2.e.4. An energy efficiency or demand-side energy initiative project will be qualified if the costs of the implementation, acquisition, or installation of the project have been paid for or are directly reimbursed, in whole or in part, by the electric utility. The contract controlling the project shall be just and reasonable and must clearly provide an agreement of the parties that the electric utility shall own all credits generated by the project; and

4.2.e.5. An energy efficiency or demand-side energy initiative project will be qualified if the amount of electricity conserved by the project is verifiable in accordance with industry accepted evaluation, measurement, and verification protocols that are approved by the Commission. An electric utility shall propose an evaluation, measurement, and verification plan for each project by which the Commission may evaluate the effectiveness of the project. All assumptions contained in the proposed evaluation, measurement, and verification plan should be identified, explained and supported by documentation where possible. Utilities may propose incorporating tracking and evaluation measures using existing data streams currently in use provided that they permit the Commission to evaluate the program using the reported data.

4.3. The Commission shall have the discretion to approve or prescribe evaluation, measurement, and verification protocols and to update its list of approved greenhouse gas programs or emission reduction or offset project protocols.

4.4. Any electricity generator seeking certification of facilities or any electric utility seeking certification of an energy efficiency or demand-side energy initiative project, or greenhouse gas emission reduction or offset project as a qualified energy resource shall submit to the Commission a verified application substantially in the form of Form No. 1, 2 or 3 attached to these rules (or online forms when available), stating, at a minimum:

4.4.a. For any facility or project to be a qualified energy resource, in addition to requirements under Rules 4.4.b. and 4.4.c.:

4.4.a.1. Current Certificate of Authority issued by the Secretary of State for a foreign corporation; and

4.4.a.2. A current Certificate of Good Standing for the applicant issued by the state in which the business was formed.

4.4.b. If seeking qualification as an electric generating facility:

4.4.b.1. The name and address of the facility for which the application is made;

4.4.b.2. The name of the owner(s) of the facility and the owner's contact information;

4.4.b.3. The name and contact information of the operator of the facility;

4.4.b.4. The name and contact information of a designated representative authorized by the electricity generator to act on its behalf;

4.4.b.5. Documentation of authority to sign on behalf of owners of the electricity generating facility;

4.4.b.6. The location of the facility, including an indication of whether the facility is sited upon a reclaimed surface mine;

4.4.b.7. The fuel type(s) and capacity information;

4.4.b.8. A description of the facility, including whether the facility is a customer generator or BTM generator;

4.4.b.9. Identification and description of the metering system that provides the "revenue-quality meter output" as that term is defined in the GATS operating rules;

4.4.b.10. Whether the electricity generation facility is within the PJM Region;

4.4.b.11. Whether the facility is certified by another state as an eligible generation resource to meet the portfolio standard of that state;

4.4.b.12. Whether the facility is being used for a voluntary retail customer program by an electric utility in West Virginia;

4.4.b.13. The Office of Regulatory Information Systems Plant location ("ORISP") Code for the facility;

4.4.b.14. A copy of the U.S. Department of Energy, Energy Information Administration Form EIA 860, if the rated capacity is greater than 1.0 MW.

4.4.c. If seeking qualification as a greenhouse gas emission reduction or offset project:

4.4.c.1. The name and address of the electric utility which is making the application;

4.4.c.2. The name of the owner(s) of the electric utility and the owner's contact information;

4.4.c.3. The name and contact information of a designated representative authorized by the electric utility to act on its behalf;

4.4.c.4. Documentation of authority to sign on behalf of owners of the electric utility;

4.4.c.5. A report or statement indicating the estimated quantity of tons (1 ton equals 2,000 pounds) of carbon dioxide equivalent to be converted into credits;

4.4.c.6. Proof of registration of the project with a greenhouse gas program approved by the Commission;

4.4.c.7. The location and a description of the project;

4.4.c.8. Attestation by the electric utility that the reductions or offsets will not be retired in the offset registry of an approved greenhouse gas program pursuant to any other program, law, policy, regulation, or voluntary retail customer program;

4.4.c.9. Attestation by the electric utility of ownership of the emission reductions or offsets attained from the project developer.

4.4.d. If seeking qualification as an energy efficiency or demand-side energy initiative project:

4.4.d.1. The name and address of the electric utility which is making the application;

4.4.d.2. The name of the owner(s) of the electric utility and the owner's contact information;

4.4.d.3. The name and contact information of a designated representative authorized by the electric utility to act on its behalf;

4.4.d.4. Documentation of authority to sign on behalf of owners of the electric utility;

4.4.d.5. The location and a description of the project;

4.4.d.6. Attestation from the retail customer that the costs of the acquisition or installation of the energy efficiency or demand-side energy initiative project have been paid for, or are directly reimbursed, in whole or in part, by the electric utility;

4.4.d.7. Acknowledgment from the retail customer that the project may generate credits of financial value which will be awarded to the utility and used for portfolio standard compliance purposes, banked for future compliance with the portfolio standard, or traded or sold to another entity; and

4.4.d.8. Instead of customer attestation or acknowledgment, as required by Rules 4.4.d.6-7, alternate submission requirements will be allowed by the Commission for state-wide energy efficiency or demand-side energy initiative projects. Such alternative submission requirements may include, but are not limited to, documentation of project costs paid and that the utility has informed the customers that the utility will retain credits associated with the state-wide initiative projects.

4.4.d.9. The proposed evaluation, measurement and verification plan for the project, including a schedule for submitting information to the Commission required in Rule 5.5.a.

4.5. The Commission may verify information submitted as part of the application process for certification as a qualified energy resource by performing a review or site visit to the qualified energy resource. The qualified energy resource shall provide the Commission access to the qualified energy resource or furnish documentation to substantiate information submitted as part of the qualification application process. If physical access to the qualified energy resource is not provided or documentation requested by the Commission is not provided within thirty (30) days of a request by the Commission, the qualified energy resource may be decertified by the Commission. Before being decertified, a qualified energy resource will be given thirty (30) days written notice and an opportunity to show cause why it should not be decertified.

4.6. The owner or the owner's designated representative of an alternative or renewable energy resource must notify the Commission of any changes in the operating characteristics of a qualified energy resource at least thirty (30) days prior to the effective date of a planned change and within thirty (30) days of an unplanned change. Substantive changes include, but are not limited to, changes in fuel type, fuel mix, generator type or the rate of net carbon dioxide emissions. Failure to timely notify the Commission of such changes may result in the decertification of the qualified energy resource from the date of the change until a new certification is issued by the Commission. The Commission may decertify any credits awarded to an energy resource following such changes if the energy resource is decertified and not recertified. Whenever such changes have taken place, if the facility wishes to continue to be certified at its previous or at a revised level, a revised application should be submitted, at the time of notifying the Commission of the change, for Commission review according to the provisions of this rule.

4.7. If a qualified energy efficiency or demand-side energy initiative project or greenhouse gas emission reduction or offset project has been modified, removed, destroyed, disabled, or abandoned since the date of application for approval by the Commission, the electric utility must notify the Commission at least thirty (30) days prior to the effective date of a planned change and within thirty (30) days of an unplanned change. Removed, destroyed, disabled, or abandoned projects are decertified. The Commission may decertify any credits awarded to the project following such changes if the energy resource is decertified and not recertified. For modified projects, if the project wishes to continue to be certified at its previous or at a revised level, a revised application should be submitted, at the time of notifying the Commission of the change, for Commission review according to the provisions of this rule.

4.8. A qualified energy resource or project may be decertified by the Commission if it is determined to no longer be an eligible qualified energy resource or project due to fraud or a material change in the nature of the resource or project. Before being decertified, a qualified energy resource or project will be given thirty (30) days written notice and an opportunity to show cause why it should not be decertified. If the Commission decertifies an energy resource or project, it will determine the eligibility of previously generated credits for use with the Portfolio Standard in Rule 7.

W. Va. Code R. § 150-34-4