justicedao/ipfs_state_laws huggingface dataset:
860-084-0365 Volumetric Incentive Rate Bidding Option (1) A retail electricity consumer participating under the volumetric incentive rate bidding option of the pilot program receives a payment that equals the product of the payable generation delivered to the electric company and the volumetric incentive rate per kilowatt-hour established through the consumer’s successful bid in the pilot program. (2) Each company will conduct a volumetric incentive rate bidding process with capacity awarded in the second month of each pilot year, or as otherwise directed by the Commission, through a request for proposal process approved by the Commission. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0370 Resource Value (1) On November 1 of 2010, 2012, and 2014, each electric company must file, for review in a Commission proceeding, its estimate of the 15-year levelized resource value for the company, along with supporting work papers. (2) For the purpose of determining payments to retail electricity consumers at the end of the 15-year contract term, each electric utility must file, beginning January 1, 2025, and every January 1 thereafter, its estimates of the annual resource value for the company for each of the next five years. (3) A resource value may be established for small-scale, medium-scale, and large-scale systems and may be differentiated by remote location or location central to the system load, as directed by the Commission. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0380 Cost Recovery and Rate Impacts (1) An electric company may recover in rates all costs prudently incurred to offer the pilot program established under these rules, including, but not limited to, costs not otherwise reflected in rates for electricity usage related to: (a) Payments for the output of contracted systems, and (b) Data collection and analysis for assessment of the company’s pilot program. (2) On November 1 of 2010, 2012, and 2014, and as otherwise directed by the Commission, each electric company must file for review, in a Commission proceeding, its estimates of the rate impact of pilot program participation, for each customer class, along with supporting work papers. (3) The Commission may establish total generator nameplate capacity limits for an electric company so that the rate impact of the pilot program for any customer class does not exceed 0.25 percent of the company’s revenue requirement for the class in any year. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0390 Cost Recovery Mechanism An electric company may request recovery of prudently incurred costs associated with compliance with the solar photovoltaic pilot program requirements. Mechanisms for recovery of cost associated with compliance will be established by Commission order. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0400 Data Collection Except as provided in OAR 860-084-0440, each electric company must collect from the retail electricity consumer participating in the pilot program data on the installed solar photovoltaic system. The collected data elements must include, but are not limited to: (1) Nameplate Capacity; (2) Total Installed Cost; (3) Photovoltaic module cost; (4) Non-photovoltaic module cost (including inverters, other hardware, labor, overhead, and regulatory compliance costs); (5) Total financing cost; (6) Financing terms (including fees paid, loan term, and interest rate secured); (7) System location, including street address and GPS location; (8) Technology type (building-integrated versus rack-mounted, crystalline silicon versus thin-film, solar tracking versus rack-mounted, etc.); (9) Federal tax credit; (10) In-service date; (11) Expected annual energy output; (12) Date of certification of compliance; and (13) Class of service of retail electricity consumer. (14) Electric companies must collect data on the time to interconnection agreement and conduct pilot program satisfaction surveys in order to improve capacity reservation and interconnection processes over the pilot program. Data collection and surveys must include: (a) Interconnection agreements that have not been negotiated between the electricity company and the retail electricity consumer within six months after an application for interconnection has been filed; or (b) Retail electricity consumers that have reserved capacity under the pilot programs and whose capacity reservations expire before solar photovoltaic energy systems are installed. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0420 Compliance with Pilot Program Requirements (1) The participant agrees to the confidential release of information from participant surveys and pilot program applications to the organizations listed in section (2) of this rule. (2) Each electric company must send a list of all reserved and contracted systems that have completed the release of confidential information to the Energy Trust of Oregon, the Oregon Department of Revenue, or the Oregon Department of Energy, upon request by each organization. Data in this list must include the following minimum information: (a) Installation location of system; (b) Nameplate capacity of installed system; (c) Name, business name, and business address of contractor installing system; (d) Financer of system; (e) In-service date; (f) Date of certification of compliance; and (g) Customer account number. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0430 Data Availability (1) Each electric company must verify that the data collected pursuant to OAR 860-084-0400 and 860-084-0420 has been recorded in an appropriate electronic database prior to making volumetric incentive rate payments to participating retail electricity consumers. (2) Upon request, each electric company must provide the data collected under OAR 860-084-0400 and 860-084-0420, in a format established by the Commission. Reports that include this raw data and a summary of this data for the pilot program to date, must be provided to the Oregon Department of Energy, the Energy Trust of Oregon, the Oregon Department of Revenue, and the Commission, bi-annually, on the 15th day in February and August. (3) Each electric company must provide the Commission or the Oregon Department of Energy location information that will enable one of these state agencies to make graphically visible, on a publically accessible website, the general locations and sizes of reserved and contracted systems of all electric companies within the state of Oregon. This information must not include consumer names or installation addresses or total capacity deployed to date. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0440 Pilot Program Overhead (1) Electric companies must submit for Commission approval evaluations of solar photovoltaic pilot programs including: (a) Proposals for the design and execution of surveys to measure participant satisfaction with and recommendations for improving the pilot program processes; (b) Proposals for the design and execution of surveys to understand participant decision processes in choosing between the volumetric incentive rate program and the existing net metering program; (c) Comments on Commission recommendations for regulatory policy changes that may increase the use of solar photovoltaic systems, make solar photovoltaic systems more affordable, reduce the cost of incentives to utility customers, or promote the development of the solar industry in Oregon; and (d) Additions to the list of required data to be collected under OAR 860-084-0400. (2) Each electric company may enter into a contract with the Energy Trust of Oregon to provide the data collection and summary services required by OAR 860-084-0400 through 860-084-0440. An electric company may also contract with the Energy Trust of Oregon to administer pilot programs, including capacity reservation services, survey execution, or program evaluation. The Commission may direct the electric companies to contract with the Energy Trust of Oregon if the Commission finds that the costs to administer individual pilot programs are unreasonable. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0450 Reports to the Legislature The Commission must open a docket on or before November 1 of 2010, 2012, and 2014 to receive public comment and recommendations on the draft reports prepared by Commission staff regarding the pilot programs. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2010, f. & cert. ef. 6-1-10
860-085-0005 Scope and Applicability of Greenhouse Gas Emissions Requirements (1) OAR 860-085-0005 through 860-085-0050 (the “Greenhouse Gas Emissions Requirements”) govern implementation of the greenhouse gas emissions standard for electric companies and electricity service suppliers, under ORS 757.522 through 757.538, and natural gas companies. (2) Upon request or its own motion, the Commission may waive any of the Greenhouse Gas Emissions Requirements if good cause is shown. Statutory/Other Authority: ORS 756.040 & 757.538 Statutes/Other Implemented: 757.538 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0010 Definitions (1) As used in OAR 860-085-0010 through 860-085-0050: (a) “Baseload electricity” has the meaning given that term in ORS 757.522. (b) “Carbon dioxide equivalent” means a unit of measurement that allows the effect of different greenhouse gases and other factors to be compared using carbon dioxide as a standard unit for reference. (c) “Cogeneration facility” means a facility that produces electric energy and steam or other forms of useful thermal energy (such as heat) by cogeneration that is used for industrial, commercial, heating, or cooling purposes. (d) “Commission” has the meaning given that term in ORS 756.010. (e) “Electric company” has the meaning given that term in ORS 757.600. (f) “Electricity service supplier” has the meaning given that term in ORS 757.600. (g) “Generating facility” has the meaning given that term in ORS 757.522. (h) “Greenhouse gas” has the meaning given that term in ORS 468A.210. (i) “Greenhouse gas emissions” means gaseous emissions expressed as a carbon dioxide equivalent. (j) “Greenhouse gas emission factors” means the factors, and procedure for use of these factors, as published in United States Environmental Protection Agency publication AP-42 Compilation of Air Pollutant Emission Factors, 2009 Update. (k) “Long-term financial commitment” has the meaning given that term in ORS 757.522. (l) “Low-carbon emissions resource” means a generating facility with a greenhouse gas emission rate that is no more than the greenhouse gas emissions standard. (m) “Natural gas company” has the meaning given that term in ORS 772.610. (n) Useful thermal energy” means kilowatt hours (kWh) of energy actually sent to be used in a process (whether it be in the form of steam, water, air, products of combustion, or product) net of the kWh of energy discharged from the process as waste (whether it be in the form of steam, water, air, or products of combustion). (2) As used in ORS 757.522 through 757.536: (a) “Combined-cycle natural gas generating facility” means a generating facility that employs one or more combustion turbine generators (gas turbine) fueled by natural gas to generate electricity, and one or more gas turbine exhaust heat recovery steam generators producing steam for generation of additional electricity using one or more steam turbine generators (steam turbine). (b) “Commercially available” means available for purchase and in operation in the United States at no less than 80 percent of rated output (adjusted for the elevation and ambient temperature at the installed location) for no less than 7000 hours during the preceding year. [Publication: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 756.040 & 757.538 Statutes/Other Implemented: 757.538 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0020 Greenhouse Gas Emissions Standard Applicable to Electric Companies and Electricity Service Suppliers Electric companies and electricity service suppliers will be given an opportunity to comment regarding a proposed modification of the greenhouse gas emissions standard. Electric companies and electricity service suppliers must consider in their comments the effects of modifying the greenhouse gas emissions standard on their system reliability and overall costs to their electricity consumers in this state. Statutory/Other Authority: ORS 756.040 & 757.538 Statutes/Other Implemented: 757.538 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0030 Emissions Standard-Based Restrictions on Long-Term Financial Commitments by Electric Companies or Electricity Service Suppliers (1) Unless the Commission has already made a determination under ORS 757.536(b)(3), an electric company or electricity service supplier must demonstrate to the Commission that the baseload electricity acquired under a long-term financial commitment is produced by a generating facility that complies with the greenhouse gas emissions standard: (a) For electric companies, the demonstration required in this section must be made when the electric company first seeks recovery of costs of a long-term financial commitment. (b) For electricity service suppliers, the demonstration required in this section must be made when the electricity service supplier first seeks certification renewal after making a long-term financial commitment. (2) For electricity supplied from long-term financial commitments for which emissions can readily be determined with specificity, the demonstration required in section (1) of this rule for those sources must use the emissions calculation procedures provided in OAR 340-215-0010 through 340-215-0060, or greenhouse gas emission factors. (3) For the demonstration required in section (1) of this rule, electric companies and electricity service suppliers must identify long-term financial commitments for which emissions cannot readily be determined with any specificity. The electric companies and electricity service suppliers must propose for approval by the Commission the greenhouse gas emissions rate to be applied to these sources. (4) Electric companies and electricity service suppliers may submit to the Commission for determination under ORS 757.531(2)(c) a plan for a generating facility to be a low-carbon emissions resource. Statutory/Other Authority: ORS 756.040 & 757.538 Statutes/Other Implemented: 757.538 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0040 Commission Review of Plans and Rates to Ensure Compliance with Greenhouse Gas Emissions Standard Rules ORS 757.536(1) does not apply to a facility that meets one or more of the requirements for exemption set forth by ORS 757.531(2). Statutory/Other Authority: ORS 756.040 & 757.538 Statutes/Other Implemented: 757.538 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0050 Rate Impact Estimating and Reports (1) Electric companies and natural gas companies must submit a report to the Commission by July 1 of even numbered years, beginning in 2012, presenting estimates of, and analysis methods used and assumptions made in estimating the impacts to customer rates for meeting the following Oregon energy consumption based greenhouse gas emission reduction goals by January 1, 2020: (a) Ten percent below 1990 levels, under ORS 468A.205; and (b) Fifteen percent below 2005 levels. The rate impacts must be presented as the percent of change compared to a base case with no greenhouse gas emission reduction goals. (2) Electric companies and natural gas companies must use analysis methods and assumptions that are technically and economically feasible, and that contain all life-cycle costs. (3) Electric companies and natural gas companies must include a calculation of their Oregon energy consumption based greenhouse gas emissions for 1990 (estimated actual), 2005 (estimated actual) and 2020 (projected) in the report required in section (1) of this rule. (4) For electric companies the calculation required in section (3) of this rule must: (a) Utilize greenhouse gas emission factors for the specific generating technology used at each electric company’s own generating facilities. An electric company's own generating facilities include company-owned resources and wholesale purchases from specific generating units, less wholesale sales from those specific generating units. (b) Utilize the greenhouse gas emission rate proposed by the electric company and approved by the Commission for net market purchases, standard offer sales, and electricity service suppliers where generating technology cannot readily be determined with specificity. (5) For natural gas companies the calculation required in section (3) of this rule must reflect greenhouse gas emissions due to all natural gas company operations, activities and facilities. (6) The Commission will develop estimates of the rate impacts for electric companies and natural gas companies to meet the following alternative greenhouse gas emission reduction goals for 2020: (a) Ten percent below 1990 levels, as specified in ORS 468A.205; and (b) Fifteen percent below 2005 levels. (7) The Commission will submit a report presenting the estimates and explaining the analysis used to develop the estimates to the appropriate interim committee of the Legislative Assembly prior to November 1 of each even-numbered year. (8) Sections (1) through (7) of this rule are repealed on January 2, 2020. Statutory/Other Authority: ORS 756.040 & 2009 OL Ch. 751 § 9 Statutes/Other Implemented: 757.538 & 2009 OL Ch. 751 § 9 History: PUC 11-2011, f. & cert. ef. 11-15-11
860-085-0500 Voluntary Emission Reduction Projects OAR 860-085-0500 through 860-085-0750 are established under ORS 757.539 and are to be read in conjunction with that statute. For purposes of these rules, “Emission Reduction Project” or “Project” means a single or set of voluntary measures, including all labor, equipment, materials, items, or actions, designed to reduce anthropogenic greenhouse gas emissions within a defined boundary that would not otherwise occur. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14
860-085-0550 Project Eligibility Criteria To be eligible for Commission approval, the Project must satisfy the minimum criteria set forth in ORS 757.539(3). Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14
860-085-0600 Project Application Requirements In addition to the information required by ORS 757.539(4)(a)–(k), a Project application must include: (1) General information: (a) A description of how the Project satisfies the minimum eligibility criteria described in ORS 757.539(3)(a)–(f); (b) A discussion of all Project measures being employed to reduce emissions; (c) The estimated Project measure life; (d) A description of the Project boundary and scope; (e) A discussion of the emission reduction strategy used, and why the approach is appropriate, timely, and merits approval; and (f) Whether the Project is able to generate environmental credits or certificates and any potential revenues associated with their sale or use. The utility must explain the rationale for the proposed treatment of any credits and refer to any appropriate protocols, certification systems, regulatory regimes, or other rules for generating, trading, and retirement of such credits or certificates; (2) Cost recovery information: (a) A requested method for cost recovery as described in ORS 757.539(8); (b) A showing of the Project benefits received and the allocation of benefits for each type of ratepayer. “Project benefits” means those benefits that accrue to ratepayers of the utility when such benefits can reasonably be attributed to the Project; (c) A description of any requested incentive payments, and requested recovery that complies with OAR 860-085-0750. A utility may propose an incentive structure with its initial Project proposal that can then be applied to subsequently approved Projects; and (d) Any required tariffs; and (3) An Emissions Reduction Verification Plan that includes; (a) The methodology used to calculate the projected emission reductions. The methodology must identify: (A) A Project baseline; that is, an estimate of the emissions that would occur under the ordinary course of business or set of conditions reasonably expected to occur within the defined boundary and scope of an Emission Reduction Project in the absence of the Emission Reduction Project, taking into account all current laws and regulations, as well as current economic and technological trends; (B) Emission leakage and Project emissions, which must be deducted from the emission reductions generated by the Project activity. “Emission leakage” means a reduction in greenhouse gas emissions within the Project that is offset by an increase in greenhouse gas emissions outside the Project. “Project emissions” means any emissions attributable to the implementation of an Emission Reduction Project; and (C) How the emission reduction verification methodology was developed; and (b) A plan for monitoring emission reductions, including the ongoing collection and retention of data for determining the Project baseline, Project emissions, and emissions reductions that are attributable to the Project. With the plan, the utility must describe the methods and equipment used, and identify the anticipated costs of monitoring and verifying emission reductions. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14
860-085-0650 Project Threshold For the purpose of determining whether an application will be subjected to the procedural process described in either ORS 757.539(6) or (7), Tier-1 and Tier-2 Projects are defined as follows: (1) A Tier-1 Project is one that has projected costs that would be borne by the ratepayers of the utility proposing the Project that are equal to or less than $1 million and has an overall project cost of less than $85 per metric ton of reduced emissions. (2) A Tier-2 Project is one that has projected costs that would be borne by the ratepayers of the utility proposing the Project that are greater than $1 million or has an overall project cost of equal to or greater than $85 per metric ton of reduced emissions. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14
860-085-0700 Project Cap Projected costs to ratepayers of all Emission Reduction Projects must not exceed 4 percent of the utility's last approved retail revenue requirement, inclusive of all revenue collected under adjustment schedules. The costs of incentives the utility proposes to recover under this rule will be included in the determination of the costs to ratepayers under this cap. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14