W. Va. Code R. § 150-34-8

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

Section 150-34-8 - Compliance Plan and Annual Report

8.1. On or before January 1, 2011, each electric utility subject to the provisions of this rule shall prepare an alternative and renewable energy portfolio standard compliance plan and shall file an application with the Commission, in filing formats to be determined by the Commission, seeking approval of such plan.

8.2. A portfolio standard compliance plan shall include:

8.2.a. Statistics and information concerning the electric utility's sales to retail customers in West Virginia as recorded at the customer's meter during the preceding ten calendar years;

8.2.b. A calculation of the electric utility's projected yearly sales to retail customers for the years 2011-2025;

8.2.c. A calculation of the expected number of credits required to meet the Portfolio Standard set forth in this rule;

8.2.d. An anticipated time line for the development, purchase or procurement of credits sufficient to meet the Portfolio Standard set forth in this rule;

8.2.e. A nonbinding estimate of the costs to comply with the Portfolio Standard set forth in this rule;

8.2.f. A description of any greenhouse gas emission reduction or offset projects or energy efficiency or demand-side energy initiative projects that have been or will be submitted for certification under Rule 4 that the electric utility proposes to convert to credits in accordance with this rule;

8.2.g. A list of any requirements and a description of how the electric utility satisfied or will satisfy those requirements if an electric utility is subject to an alternative energy, advanced energy, renewable energy or similar energy portfolio standard in any other state;

8.2.h. Information on the electric utility's resource acquisition activities or those of its affiliated utilities; and

8.2.i. Such further information as required by the Commission.

8.3. Upon the filing of an application for approval of a portfolio standard compliance plan, and after hearing and proper notice, the Commission may, in its discretion, approve or disapprove, or approve in part or disapprove in part, the application.

8.3.a. After giving proper notice and receiving no protest within thirty days after the notice is given, the Commission may waive formal hearing on the application. Notice shall be published as a Class I legal advertisement in compliance with the provisions of W. Va. Code § 59-3-1, and shall be given in a manner and in such form as may be prescribed by the Commission.

8.3.b. The Commission shall, following proper notice and hearing, if any, render a final decision on any application filed pursuant to Rule 8 within two hundred seventy days of the filing of the application.

8.3.c. If, and to the extent, the Commission determines that a portfolio standard compliance plan has a reasonable expectation of achieving the Portfolio Standard requirements at a reasonable cost to electric customers in this state, the Commission shall approve the plan. In establishing that the requisite standard for approval of a portfolio standard compliance plan is met, the burden of proof shall be upon the applicant.

8.3.d. In the event the Commission disapproves of an application filed pursuant to Rule 8, in whole or in part, the Commission shall specify its reason or reasons for disapproval. Any portion of the application not approved by the Commission shall be modified and resubmitted by the applicant.

8.3.e. Either upon an application of the electric utility, a petition by a party or the Commission's own motion, a compliance plan proceeding may be reopened for the purpose of considering and making, if appropriate, alterations to the plan. If an electric utility seeks to alter an approved compliance plan it shall submit an application in accordance with Rule 8.2.

8.3.f. Approval of the compliance plan does not eliminate the need for an electric utility to otherwise obtain required approvals, including, but not limited to, certificates to construct, consent to enter into affiliated contracts and recovery of compliance costs. Furthermore, nothing in this rule shall be interpreted to alter or amend the existing power and authority of the Commission.

8.3.g. Approval of the compliance plan does not relieve an electric utility from its obligation to pay a compliance assessment pursuant to the provisions of this rule if it fails to comply with the Portfolio Standard set forth herein.

8.4. By March 31 each year following the Commission's approval of an electric utility's compliance plan, the electric utility shall submit to the Commission an annual progress report, in filing formats to be determined by the Commission, demonstrating compliance with the requirements of the Portfolio Standard. The progress report shall include:

8.4.a. The electric utility's sales to retail customers in West Virginia as recorded at the customer's meter in the previous two calendar years, by year, in total number of megawatt-hours;

8.4.b. The total amount of energy the electric utility has generated, purchased or procured from alternative or renewable energy resources as of December 31 of the previous calendar year;

8.4.b.1. The portions, stated separately, of the total amount of energy required in Rule 8.4.b corresponding to energy generated, purchased or procured from the combustion of natural gas and generated from supercritical technology, if any;

8.4.b.2. The electric utility's sales to retail customers in West Virginia as recorded at the customer's meter in the two previous calendar years, by year, corresponding to voluntary purchases by retail customers of energy from renewable sources, if any;

8.4.c. The balance of the credits from alternative and renewable energy resource facilities the electric utility has purchased or procured as of December 31 of the previous calendar year;

8.4.d. The balance of the credits the utility has been awarded or purchased from energy efficiency or demand-side energy initiative projects or greenhouse gas emission reduction or offset projects as of December 31 of the previous calendar year;

8.4.d.1. The electric utility's sales to retail customers in West Virginia as recorded at the customer's meter in the two previous years, by year, corresponding to voluntary purchases by retail customers of offsets or greenhouse gas emission reductions offsetting retail power use, if any;

8.4.e. A comparison of the budgeted and actual costs as compared to the estimated cost of the portfolio standard compliance plan, including the information on credit transactions required under Rule 6.1.a., subject to the same public disclosure provisions in Rule 6.1.b.;

8.4.f. An accounting issued by PJM-EIS that shows the number of alternative and renewable energy resource credits purchased and/or held by the electric utility as of December 31 of the previous calendar year;

8.4.g. An accounting issued by PJM-EIS that shows the portions, reported separately, of alternative and renewable energy resource credits retired to meet the Portfolio Standard of the previous calendar year corresponding to energy generated from the combustion of natural gas and energy generated from supercritical technology, if any;

8.4.h. The vintage year and serial number of the greenhouse gas emission reductions or offsets awarded or purchased and attestation by the electric utility that all greenhouse gas emission reductions or offsets used for compliance under this rule were retired in the offset registry of the approved greenhouse gas program in which the reductions or offsets were registered for the purpose of this rule;

8.4.i. For any credits awarded for emission reductions or offsets under Rule 5.4 in any previous year, an attestation that the offsets remain in compliance with the reversal rules of the greenhouse gas program where the reductions or offsets were registered;

8.4.j. A list of any requirements and a description of how the electric utility satisfied or will satisfy those requirements if an electric utility is subject to an alternative energy, advanced energy, renewable energy or similar energy portfolio standard in any other state;

8.4.k. Any other information required by the Commission to prevent the double-counting of credits;

8.4.l. Such further information as required by the Commission.

8.5. The Commission shall impose a special assessment on all electric utilities required to file a compliance plan.

8.5.a. The assessments shall be prorated among the covered electric utilities on the basis of kilowatt hours of retail sales in West Virginia and shall be due and payable on September 1 of each year.

8.5.b. The amount of revenue collected pursuant to Rule 8.5 will be determined as provided in W. Va. Code § 24-2F-6.

8.5.c. The funds generated from the assessments shall be used exclusively to offset all reasonable direct and indirect costs incurred by the Commission in administering the provisions of this rule.

W. Va. Code R. § 150-34-8