justicedao/ipfs_state_laws huggingface dataset:
330-140-0050 Pre-certification of New Renewable Resource Purchase (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of the above-market costs of new renewable energy resource purchases. (2) Large electricity consumers shall apply directly to the Oregon Department of Energy for pre-certification of new renewable energy resource purchases on a form supplied by the Oregon Department of Energy. (a) Information submitted on the form shall include but not be limited to: the name of the electricity consumer; a description of the site; a description of the new renewable energy resource to be purchased; the electricity consumer’s market price for electricity from conventional sources; costs of the new renewable energy resource; estimated electricity to be purchased from the new renewable energy resource; length of time of a proposed purchase agreement; method of certifying that the renewable energy resource purchased has not been duplicatively sold to other parties either in whole or part; and, any contract terms that would otherwise affect the cost or amount of new renewable energy resource purchased. (b) On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Sites that do not have greater than one average megawatt prior year usage are not eligible to self-direct their public purpose charge. (3) The Oregon Department of Energy shall determine if the above-market cost of the proposed purchase of renewable energy resources, described in the application, are to be pre-certified as eligible self-direction costs. (4) Pre-certification of the cost eligible for a credit and a description of the new renewable energy resource purchase shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application. Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0055 Pre-certification of Investments in Distribution System-Connected Technologies (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of new investments in distribution system-connected technologies. (2) Large electricity customers shall apply directly to the Oregon Department of Energy for pre-certification of qualifying investments in distribution system-connected technologies on a form provided by the Oregon Department of Energy. (a) Information submitted on the form shall include but not be limited to: (A) the name of the large electricity consumer; (B) a description of the site; (C) a description of the new proposed investments in distribution system-connected technologies; (D) an itemized list of major system components and associated costs that comprise the total project cost; (E) documentation that the investments in distribution system-connected technologies will be installed such that they are capable of providing grid support; and (F) documentation, if applicable, that the site participates in one or more utility program authorized by the Public Utility Commission that encourages or otherwise gives incentives for distribution system-connected technologies to provide grid support. (b) On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Sites that do not have greater than one average megawatt prior year usage are not eligible to self-direct their public purpose charge. (3) The Oregon Department of Energy shall determine if the proposed investments in distribution system-connected technologies, described in the application, are to be pre-certified as eligible self-direction costs. (4) Pre-certification of the cost eligible for a credit and a description of the proposed investment in distribution system-connected technologies shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application. Statutory/Other Authority: ORS 469.040, ORS 757.600- 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 756.040 Statutes/Other Implemented: ORS 757.600- 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 756.040 History: DOE 3-2021, adopt filed 12/13/2021, effective 01/01/2022
330-140-0060 Certification of Qualifying Expenditure for New Cost-effective Energy Efficiency Projects (1) Once the project has been completed and is operational, and the costs, or portion of the costs identified in the pre-certification as a component eligible for certification as an individual expense for a project, are expended, the large electricity consumer is eligible to apply to the Oregon Department of Energy for certification of qualifying expenditure on a form provided by the Oregon Department of Energy. (2) Proof of amount paid must accompany the application for certification of qualifying expenditure. (a) Proof of purchase for projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements. (b) Projects costing $50,000 and more shall have an independent certified public accountant attest to the cost of the project. (3) A certification of qualified expenditure for all or part of the cost of either a pre-certified new cost-effective energy efficiency project(s) or a new energy conservation project that was pre-certified under Oregon Department of Energy rules in effect before January 1, 2022, shall be approved or denied by the Oregon Department of Energy in writing within 30 days of the receipt of a complete application. Certification of qualifying expenditure may be issued for a portion of the cost of a new cost-effective energy efficiency project(s) that is an individual cost component or project phase defined in the preliminary certificate application and approved in the preliminary certificate. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program. Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 756.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 756.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 7-2015, f. & cert. ef. 12-23-15 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0070 Certification of Qualifying Expenditure for New Renewable Resources (1) Large electricity consumers whose above market costs of new renewable energy resource purchases have received pre-certification from the Oregon Department of Energy are eligible to apply for certification of qualified expenditure on a form provided by the Oregon Department of Energy. (2) A signed contract to purchase or receipt(s) for purchase of renewable energy certificates or RECs, sometimes referred to as "Green Tags," for new renewable energy describing the amount to be paid and the length of the agreement must accompany the application for certification of qualified expenditure. On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Retail electricity consumers that do not have greater than one average megawatt prior year usage are not eligible to self-direct their public purpose charge. (3) Proof of amount paid must accompany the application for certification of qualifying expenditure for constructed new renewable energy resource projects. (4) Proof of purchase for constructed projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements. (5) Constructed project costs of $50,000 and more shall have an independent certified public accountant attest to the cost of the project. (6) Certification of qualified expenditure shall be approved or denied by the Oregon Department of Energy within 30 days of the receipt of a complete application. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program. (7) The certification of qualified expenditure shall describe the term for which a contracted new renewable energy resource purchase is eligible for credit against public purposes charges owed. Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 7-2015, f. & cert. ef. 12-23-15 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0075 Certification of Qualifying Expenditure for Investment in Distribution System-Connected Technologies (1) Once the project has been completed and is operational, and the costs, or portion of the costs identified in the pre-certification as a component eligible for certification as an individual expense for a project, are expended, the large electricity consumer is eligible to apply to the Oregon Department of Energy for certification of qualifying expenditure on a form provided by the Oregon Department of Energy. (2) Proof of amount paid must accompany the application for certification of qualifying expenditure. (a) The large electricity consumer must provide an itemization of costs for individual system components in sufficient detail to enable the Oregon Department of Energy to assess the eligibility of project expenditures for self-direction. (b) Proof of purchase for projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements. (c) Projects costing $50,000 and more shall have an independent certified public accountant attest to the cost of the project. (3) A certification of qualifying expenditure for all or part of the cost of pre-certified investments in distribution system-connected technologies shall be approved or denied by the Oregon Department of Energy in writing within 30 days of the receipt of a complete application. Certification of qualifying expenditure may be issued for a portion of the cost of an investment in distribution system-connected technologies that is an individual cost component or project phase defined in the preliminary certificate application and approved in the preliminary certificate. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program. Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600- 757.687, ORS 469.165 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600- 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, adopt filed 12/13/2021, effective 01/01/2022
330-140-0110 Reporting Self-Direction Credits and Public Purpose Amounts Collected or Paid (1) Consumer-owned utilities providing open access to any customer class shall report annually to the Oregon Department of Energy the amount of public purpose charges collected from the consumer owned utility retail electricity consumers. The report shall be submitted no later than February 28 of each calendar year starting in the calendar year after the consumer owned utility governing board elects to provide open access for any class of its customers. Reports shall not include the self-direction public purpose charges allowed under these rules. (2) The Oregon Department of Energy shall notify in writing large electricity consumers or consumer-owned utilities of errors in the amount of self-direction credit claimed, the amount of public purpose charges submitted to the consumer’s electric utility, or other errors or omissions in reports. The notice shall recommend the corrections necessary for the large electricity consumer or the consumer-owned utility. Statutory/Other Authority: ORS 469.040, 756.040 & 757.600 - 757.687 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.687 History: DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0130 Utility and Electricity Consumer Credits for Public Purpose Expenditures by their Energy Suppliers (1) Utilities may apply to the Oregon Department of Energy to claim a credit for qualifying public purpose expenditures by their energy supplier for the market transformation activities of the Northwest Energy Efficiency Alliance under the Bonneville Power Administration residential subscription rate. (2) Application for this credit must be made by March 1 of each calendar year to begin claiming credit by October 1 and shall document the contracted amount owed. (3) The credit may be taken against the conservation portion of the electric distribution utility payment of collected public purpose charges as directed by Oregon Administrative Rule. (4) The Oregon Department of Energy shall propose a credit amount to the Oregon Public Utility Commission by July 1, 2002. The credit amount shall be distributed as a reduction to public purpose charges owed equitably among all the electric distribution utility’s residential ratepayers whose rates include a Northwest Energy Efficiency Alliance cost component. Statutory/Other Authority: ORS 469.040, 756.040 & 757.600 - 757.687 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.687 History: DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0140 Administrative Cost Recovery (1) The costs of administering the self-direct program shall be paid out of the funds collected through the public purpose charge and amounts charged in rates pursuant to ORS 757.054(4), and directed to the Oregon Department of Energy as the state agency administering the program. The Oregon Department of Energy shall collect fees from eligible self-directing consumers at the time they submit applications for the following: pre-certification of cost-effective energy efficiency projects, pre-certification of new renewable energy resource purchases, pre-certification of investments in distribution system-connected technologies, and certification of qualified expenditure for renewable energy certificates or Green Tags. Applications will not be considered complete until payment of fees is received by the Oregon Department of Energy. The fee shall be a fixed percentage of: the estimated project costs for cost-effective energy efficiency projects, the estimated project costs for investments in distribution system-connected technologies, the estimated above-market costs for new renewable energy resource purchases, or the actual contract cost for renewable energy certificates or Green Tags. (2) The Oregon Department of Energy shall periodically review the actual and anticipated costs of administering the self-direct program, including all direct and indirect costs, as well as the actual and anticipated sum of fees collected under the program. The Oregon Department of Energy may revise the fee percentage as needed to ensure full recovery of self-direct program administration costs. The fixed percentage fee shall not exceed four percent of: the estimated project costs for cost-effective energy efficiency projects, estimated project costs for investments in distribution system-connected technologies, the estimated above market costs for new renewable energy resource purchases, or the actual contract cost for renewable energy certificates or Green Tags. Fees paid by eligible self-directing consumers are eligible costs to be included in final certificates of qualified expenditures. Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 7-2015, f. & cert. ef. 12-23-15 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-160-0005 Purpose The purpose of these rules is to establish a system of renewable energy certificates to provide a means of compliance with the Oregon Renewable Portfolio Standard (RPS). Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 6-2008, f. & cert. ef 9-3-08
330-160-0020 Establishment of Renewable Energy Certificate System (1) Renewable energy certificates that are issued, monitored, accounted for and transferred by or through the regional renewable energy certificate system and trading mechanism known as the Western Renewable Energy Generation Information System (WREGIS) shall be the only renewable energy certificates that can be used by an electric utility or electricity service supplier to establish compliance with the Oregon Renewable Portfolio Standard (RPS). (2) All entities that wish to demonstrate compliance or participate in the renewable energy certificate system associated with the Oregon RPS must establish and maintain accounts in good standing with the WREGIS renewable energy certificate system. These entities must comply with all information, data reporting and verification requirements of the WREGIS Operating Rules dated July 15, 2013, including costs required for compliance. These accounts must be established before January 1, 2009 or before the earliest vintage of Certificate to be used to comply with the Oregon RPS, whichever is later. (3) All entities that wish to demonstrate compliance or participate in the renewable energy certificate system associated with the Oregon RPS must participate in the system in accordance with the WREGIS Operating Rules dated July 15, 2013. The Operating Rules for WREGIS are publicly available from the WREGIS web site at www.wregis.org. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 History: DOE 1-2014, f. & cert. ef. 2-10-14 DOE 2-2011, f. & cert. ef. 3-4-11 DOE 6-2008, f. & cert. ef 9-3-08
330-160-0030 Allowed Vintage of Renewable Energy Certificates (1) The system of renewable energy certificates established through this rule may be used to comply with or participate in the Oregon RPS through the use of Certificates with a vintage of January 2007 or later. (2) No renewable energy certificate that derives from the WREGIS renewable energy certificate system with a vintage before January 2007 will be eligible for compliance with the Oregon RPS. (3) Renewable energy certificates with a vintage of January 2007 or later, both bundled and unbundled, may be banked for future use within the WREGIS renewable energy certificate system and used for compliance with the Oregon RPS according to the requirements of ORS 469A.140. (4) Generating facilities that produce qualifying electricity shall be eligible to receive certificates associated with generation beginning on January 1, 2007. (5) Renewable energy certificates created by WREGIS that are associated with stranded electricity or with stranded thermal energy may be used to comply with the Oregon RPS. (6) Generating facilities that meet the requirements of OAR 330-160-0080 and that produce qualifying thermal energy shall be eligible to receive T-RECs associated with generation on or after March 8, 2016. Statutory/Other Authority: ORS 469A.130 & OL 2016, Ch. 28 (SB 1547) Statutes/Other Implemented: ORS 469A.130 & OL 2016, Ch. 28 History: DOE 9-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2016, f. & cert. ef. 12-21-16 DOE 1-2014, f. & cert. ef. 2-10-14 DOE 2-2011, f. & cert. ef. 3-4-11 DOE 6-2008, f. & cert. ef 9-3-08
330-160-0035 Application Process (1) To apply for certification by the Department that electricity or thermal energy from a generating facility qualifies for the Oregon RPS, the generator representative must submit to the Department a completed general application form and, for hydroelectric, hydro efficiency, hydrogen, biomass, multiple-fuel facilities, and thermal energy the applicable supplemental form available on the Department’s website. Thermal energy applications must also include a thermal energy measurement plan as described in OAR 330-160-0090. (2) The Department may require from the applicant supporting documentation such as photographs of the facility, records of generating equipment purchases, records of installation or service work orders, and an explanation of the relationship between the applicant and the WREGIS account holder. (3) The Department will determine whether the facility meets the requirements in ORS 469A.010 to 469A.025 and these rules for generating qualifying electricity or qualifying thermal energy and will provide written notification of its determination to the applicant. (a) If the Department determines that the facility meets the requirements for generating qualifying electricity or qualifying thermal energy, it will certify the facility as Oregon RPS-eligible in WREGIS and provide the Oregon RPS certification number and the first eligible REC vintage date in writing to the applicant. (b) If the Department determines that the facility does not meet the requirements for generating qualifying electricity or qualifying thermal energy, it will provide the reasons for its determination in writing to the applicant. (c) If the Department lacks information necessary to make a determination, it will not certify the facility in WREGIS and will provide the reasons it is unable to make a determination in writing to the applicant. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 7-2016, f. & cert. ef. 12-21-16 DOE 1-2014, f. & cert. ef. 2-10-14
330-160-0037 Confidential Treatment of Information A generator representative may request confidential treatment of information provided to the Department pursuant to OAR 330-010-0005 through 330-010-0030. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 1-2014, f. & cert. ef. 2-10-14
330-160-0038 Expiration of Oregon RPS Certification Except as otherwise indicated in these rules, a facility’s Oregon RPS certification will not have an expiration date. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 1-2014, f. & cert. ef. 2-10-14