D.C. Mun. Regs. tit. 15, r. 15-2901

Current through Register Vol. 72, No. 2, January 10, 2025
Rule 15-2901 - RPS COMPLIANCE REQUIREMENTS
2901.1

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.

2901.2

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.

2901.3

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.

2901.4

Compliance with the RPS is on a calendar year basis as prescribed by D.C. Official Code Section 34-1432(c).

2901.5

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.

2901.6

Effective January 1, 2020, RECs from a Tier Two renewable source shall not apply toward meeting the RPS requirements.

2901.7

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.

2901.8

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:

(a) The quantity of its annual District retail electricity sales;
(b) A calculation of the annual quantity of required Tier One and SRECs;
(c) The quantity of Tier One and SRECs purchased and evidence of those purchases;
(d) The quantity of Tier One and SRECs transferred to the Electricity Supplier by an on-site Renewable Generator;
(e) A calculation of any compliance fees that the Electricity Supplier owes;
(f) A summary report of RECs retired during the reporting period;
(g) For the year following the filing of the annual compliance report, an estimate of the amount of compliance fees to be paid;
(h) All documentation supporting the data appearing in the annual compliance report; and
(i) Certification of the accuracy and veracity of the compliance report.
2901.9

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.

2901.10

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.

2901.11

The compliance fee shall be:

(a) Fifty dollars ($50) for each REC shortfall for Tier One sources;
(b) For each REC shortfall for solar energy:
(1) Five hundred dollars ($500) in 2016 through 2023;
(2) Four hundred and eighty dollars ($480) in 2024;
(3) Four hundred and sixty dollars ($460) in 2025;
(4) Four hundred and forty dollars ($440) in 2026;
(5) Four hundred and twenty dollars ($420) in 2027;
(6) Four hundred dollars ($400) in 2028;
(7) Three hundred and eighty dollars ($380) in 2029;
(8) Three hundred and sixty dollars ($360) in 2030;
(9) Three hundred and forty dollars ($340) in 2031;
(10) Three hundred and twenty dollars ($320) in 2032;
(11) Three hundred dollars ($300) in 2033 through 2041; and
(12) One hundred dollars ($100) in 2042 and thereafter.
2901.12

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).

2901.13

The following subsections pertain to Energy Supply Contracts executed prior to March 10, 2023.

(a) Energy Supply Contracts executed prior to March 10, 2023, shall not be subject to the increased solar energy requirements in D.C. Official Code Section 34-1432(c) through March 10, 2026.
(b) However, any extension or renewal of such contracts, executed on or after March 10, 2023, shall be subject to the increased solar energy requirements in D.C. Official Code Section 34-1432(c).

D.C. Mun. Regs. tit. 15, r. 15-2901

Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 56 DCR 7839 (October 2, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 2596 (April 3, 2009); as amended by Notice of Final Rulemaking published at 59 DCR 2313 (March 23, 2012); as Amended by Final Rulemaking published at 61 DCR 11422 (October 31, 2014); amended by Final Rulemaking published at 62 DCR 14087 (10/30/2015); amended by Final Rulemaking published at 63 DCR 4874 (4/1/2016); amended by Final Rulemaking published at 64 DCR 4231 (4/28/2017); amended by Final Rulemaking published at 65 DCR 13506 (12/14/2018); amended by Final Rulemaking published at 67 DCR 902 (1/31/2020); amended by Final Rulemaking published at 71 DCR 3262 (3/22/2024); amended by Final Rulemaking published at 71 DCR 16350 (12/27/2024)
Authority: The Public Service Commission of the District of Columbia (Commission) pursuant to section 34 -802 of the D.C. Official Code and in accordance with section 2 -505 of the D.C. Official Code.