330-140-0120 Denial or Revocation of Eligibility to Participate as a Self-Directing Consumer (1) The Director of the Oregon Department of Energy shall determine whether a large electricity consumer is eligible to participate or to continue to participate in part or at all under these rules based on the following: (a) The large electricity consumer no longer qualifies for participation as a self-directing consumer under these rules; or (b) The large electricity consumer fails to submit public purpose charges owed or amount charged in rates pursuant to ORS 757.054(4); or (c) Changes in a cost-effective energy efficiency project, investment in distribution system-connected technologies or renewable energy resource purchase that are not communicated to the Oregon Department of Energy that make the project ineligible for self-direction credit; or (d) Errors in fact or procedure under these rules go uncorrected after requests for correction are submitted to the large electricity consumer by the Oregon Department of Energy; or (e) Any intentional commission of error or fraud in any application for participation under these rules; or (f) It is determined by the Director of the Oregon Department of Energy that self-direction by that large electricity consumer or class of large electricity consumers cannot be accountably administrated. (2) The Oregon Department of Energy shall notify the large electricity consumer in writing of the revocation or denial of the large electricity consumer’s eligibility to participate under these rules and include: (a) The conditions leading to the decision to deny or revoke eligibility of the large electricity consumer's right to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4); and (b) The date that the retail electricity consumer is no longer eligible to apply for project pre-certification or certification of qualified expenditure; and (c) The previously certified qualified expenditures that the retail electricity consumer may continue to claim as credits against public purpose charges or amounts charged in rates pursuant to ORS 757.054(4) owed. (3) The large electricity consumer may appeal the decision to the Director of the Oregon Department of Energy in writing within 30 days of the postmarked date of the notice from the Oregon Department of Energy. (4) The Director of the Oregon Department of Energy shall approve or deny any request to appeal a revocation or denial of eligibility to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4) in writing within 30 days of the postmarked date of the appeal request. (5) The Oregon Department of Energy shall notify the large electricity consumer’s electric distribution utility in writing, that is an electric company or consumer owned utility, of the revocation or denial of a large electricity consumer’s eligibility to participate as a self-directing consumer under these rules. 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 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01