W. Va. Code R. § 150-34-9

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

Section 150-34-9 - Compliance Determination and Assessment

9.1. The Commission shall determine whether each electric utility doing business in this state is in compliance with the Portfolio Standard following the end of each calendar year during which a Portfolio Standard applies.

9.1.a. An electric utility must own credits needed to comply with the Portfolio Standard of a given year by December 31, 2015 for the first year and by December 31 of each following year with a Portfolio Standard. Credits owned to meet the Portfolio Standard of a given year must be retired in the registry as provided for in Rule 7.5 by submission of the annual progress report required by Rule 8.4 in the next calendar year.

9.1.b. The requirements of this rule for an electric utility in each year are summarized in Table 150-34B at the end of this rule:

9.1.c. On or after March 31, 2016 and after March 31 of each following year, the Commission shall verify compliance of the electric utility with the Portfolio Standard in the previous calendar year. By June 30, 2016 and by June 30 of each following year in which an annual progress report is required, the Commission will initiate a proceeding and provide written notice to each electric utility of an initial assessment of its compliance status, including any preliminary calculation of a compliance assessment due.

9.1.d. The Commission shall impose a compliance assessment on the electric utility that shall equal at least the lesser of the following:

9.1.d.1. Fifty dollars multiplied by the number of additional credits that would be needed to meet an alternative and renewable energy Portfolio Standard in a given year; or

9.1.d.2. Two hundred percent of the average market value of credits sold for the purpose of compliance with the Portfolio Standard of this rule in a given year multiplied by the number of additional credits needed to meet the alternative and renewable energy Portfolio Standard for that year.

9.2. An electric utility shall advise the Commission in writing within 15 days of the issuance of the notice under 9.1.c. whether it accepts the Commission's compliance assessment determination or chooses to contest the determination.

9.2.a. If an electric utility or an interested person chooses to contest the Commission's compliance assessment determination, it must file a petition to modify the level of the compliance assessment. The petition must include documentation supporting the proposed modification.

9.2.b. The Commission shall schedule a hearing on the petition, and render its decision in writing to the electric utility.

9.2.c. Failure of an electric utility or an interested person to respond by filing a petition for a hearing to the Commission within 15 days of the issuance of the notice under Rule 9.1.c. shall be deemed an acceptance of the Commission's compliance assessment determination.

9.3. Compliance assessments collected by the Commission shall be deposited into the Alternative and Renewable Energy Resources Research Fund.

W. Va. Code R. § 150-34-9