Section 95914 - Auction Participation and Limitations(a) The Executive Officer may cancel or restrict a previously approved auction participation application or reject a new application if the Executive Officer determines that an entity has: (1) Provided false or misleading facts;(2) Withheld material information from its application or account application information listed in section 95830, with material meaning information that could influence a decision by the Executive Officer, the Board, or the Board's staff;(3) Violated any part of the auction rules pursuant to subarticle 10;(4) Violated the registration requirements pursuant to subarticle 5; or(5) Violated the rules governing trading pursuant to subarticle 11.(b) If the Executive Officer determines an entity has committed any of the violations listed in section 95914(a), then: (1) The Executive Officer may instruct the auction administrator to cancel a previously approved auction application or to not accept auction applications from the entity;(2) The Executive Officer may instruct the auction administrator to restrict the auction application approval for any corporate associate of the entity to prevent the purchase of allowances at auction for subsequent transfer to the violator;(3) Any cancellation or restriction imposed by the Executive Officer may be permanent or for a specified number of auctions; and(4) The cancellation or restriction imposed by the Executive Officer shall be in addition to any other penalties, fines, and additional remedies available at law.(c) Disclosure of Auction Participation Information.(1) Except as provided in section 95914(c)(2), all entities registered into the Cap-and-Trade Program pursuant to section 95830, their direct and indirect corporate associations, and consultants and advisors as identified in section 95923 shall not release any of the following information regarding auction participation or reserve sale participation, as applicable:(A) Intent to participate, or not participate, at auction, and auction approval status;(B) Bidding strategy at any auctions, including the specification of an auction settlement price or range of potential auction settlement prices at which an entity is willing to buy or sell allowances;(C) Bid price or bid quantity information at past or future auctions; and(D) Information on the amount of any bid guarantee provided to the financial services administrator.(2) Auction participation information listed in section 95914(c)(1) may be released under the following conditions: (A) When the release is to other members of a direct corporate association not subject to auction participation restriction or cancellation pursuant to section 95914(b);(B) When the release is to a Cap-and-Trade Consultant or Advisor who has been disclosed to the Executive Officer pursuant to section 95914(c)(3);(C) When the release is made by a publicly owned utility only as required by public accountability rules, statute, or rules governing participation in generation projects operated by a Joint Powers Authority or other publicly owned utilities; or(D) When the release is to an agency that has regulatory jurisdiction over privately owned utilities in the State of California of information regarding compliance instrument cost and acquisition strategy and other disclosures specifically required or authorized by the regulatory agency pursuant to any of its applicable rules, orders, or decisions. In the event of a disclosure pursuant to this section, and upon the request of the Executive Officer, the entity must provide within 10 business days the statutory or regulatory reference or the general order, decision, or ruling to ARB that requires the disclosure of the specific information related to bidding strategy.(3) If an entity participating in an auction has retained the services of a Cap-and-Trade Consultant or Advisor, as defined in section 95923, regarding auction bidding strategy, then: (A) The entity must ensure against the Consultant or Advisor transferring the entity's information to other auction participants or coordinating the bidding strategy among participants;(B) The entity will inform the Consultant or Advisor of the prohibition of sharing information to other auction participants and ensure the Consultant or Advisor has read and acknowledged the prohibition under penalty of perjury;(C) The Consultant or Advisor must provide the Executive Officer the following information: 1. Names of the entities participating in the Cap-and-Trade Program that are being advised;2. Description of advisory services being performed; and3. Assurance under penalty of perjury that advisor is not transferring to or otherwise sharing information with other auction participants.(D) The information must be received by the Executive Officer at least 15 days prior to an auction.Cal. Code Regs. Tit. 17, § 95914
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Change without regulatory effect amending subsection (d)(3)(A) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
4. Amendment filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
5. Editorial correction relocating Appendices B and C to follow section 96022 (Register 2016, No. 31).
6. Amendment of subsections (c)-(c)(1)(D), (c)(2)(D), (c)(3)(A) and (c)(3)(D) and repealer of subsections (d)-(d)(3)(C) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
7. Amendment of subsections (c)(2)(A)-(C) filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13). Note: Authority cited: Sections 38510, 38560, 38562, 38570, 38571, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38530, 38560.5, 38564, 38565, 38570 and 39600, Health and Safety Code.
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Change without regulatory effect amending subsection (d)(3)(A) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
4. Amendment filed 6-26-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
5. Editorial correction relocating Appendices B and C to follow section 96022 (Register 2016, No. 31).
6. Amendment of subsections (c)-(c)(1)(D), (c)(2)(D), (c)(3)(A) and (c)(3)(D) and repealer of subsections (d)-(d)(3)(C) filed 9-18-2017; operative 10/1/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
7. Amendment of subsections (c)(2)(A)-(C) filed 3-29-2019; operative 3/29/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).