An Electricity Supplier shall meet the RPS requirement by obtaining Renewable Energy Credits (RECs) that equal the annual percentage requirement for electricity sold at retail or by paying the specified compliance fee. An Electricity Supplier shall not apply any surplus RECs derived from voluntary purchases of energy from qualified renewable sources toward its mandatory compliance requirements.
An Electricity Supplier shall meet the solar portion of the Tier One requirement by obtaining the equivalent amount of RECs from Solar Energy Systems no larger than fifteen megawatts (15 MW) in capacity that are located within the District or in locations served by a distribution feeder serving the District. However, an Electricity Supplier may also meet the solar requirement by obtaining RECs from Solar Energy Systems larger than fifteen megawatts (15 MW) in capacity, provided that these Solar Energy Systems are located on property owned by the Government of the District of Columbia or by any agency or independent authority of the Government of the District of Columbia. In addition, Electricity Suppliers may meet the non-solar portion of the Tier One renewable source requirement of the RPS by obtaining RECs from Solar Energy Systems that are not located within the District or in locations served by a distribution feeder serving the District, regardless of capacity.
Each Electricity Supplier shall establish and maintain a PJM Environmental Information Services, Inc. Generation Attribute Tracking System (GATS) account for the load it serves within the District.
Compliance with the RPS is on a calendar year basis as prescribed by D.C. Official Code Section 34-1432(c).
An Electricity Supplier may apply the Solar Energy RECs (SRECs), retired for compliance with the solar energy requirement, to meet the Tier One renewable energy requirement as well.
Effective January 1, 2020, RECs from a Tier Two renewable source shall not apply toward meeting the RPS requirements.
Each Electricity Supplier shall make available to the Commission through its GATS account all RECs and the total price paid in order to comply with the RPS.
Each Electricity Supplier shall prepare and submit an annual compliance report to the Commission, in a format that may be updated pursuant to a Public Notice. The compliance report shall include, but shall not be limited to, the following information:
An Electricity Supplier's annual compliance report shall be submitted to the Commission by March 25 of the calendar year following the Compliance Year. After notification of a decision of non-compliance by the Commission, the Electricity Supplier shall, within five (5) business days, take the actions necessary to come into compliance, or file its response contesting the decision of noncompliance, or file a response indicating that it will submit the appropriate compliance fee.
Any Electricity Supplier that fails to meet its RPS requirements shall submit to the District of Columbia Department of Energy and Environment the required annual compliance fee payable to the District of Columbia Renewable Energy Development Fund between October 1 and November 1 of the calendar year following the Compliance Year. The Electricity Supplier shall concurrently file proof of payment with the Commission.
The compliance fee shall be:
Any Electricity Supplier that fails to file the annual compliance report as required by this chapter and D.C. Official Code Section 34-1434(a) may be subject to: Commission action to compel submission of the required report, the issuance of an Order to Show Cause by the Commission, or sanctions as set forth in D.C. Official Code Section 34-1508(b)(1).
The following subsections pertain to Energy Supply Contracts executed prior to March 10, 2023.
D.C. Mun. Regs. tit. 15, r. 15-2901