California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 13 - Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities › Section 3207 - Compliance Reporting for POUs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each POU shall submit the following reports to the Commission as required by
				this section.
(b) Within 90
				calendar days after the effective date of these regulations, any POU that has
				adopted rules allowing for historic carryover, in accordance with section
				3206(a)(5), shall
				submit documentation to the Commission including all applicable procurement
				claims by RPS-certified facility and generation month for January 1, 2004 -
				December 31, 2010 (or the date on which the POU became operational through
				December 31, 2010), baseline calculations used to determine the amount of
				historic carryover claimed, annual procurement target calculations for
				2004-2010, and any other pertinent documentation necessary.
(c) By July 1 of each year, each POU shall
				submit an annual report to the Commission that includes the information in
				section 3207(c)(1)-(4)
				for the prior calendar year. The format for the annual report shall be
				specified by the Commission, but the information contained in the annual report
				may be combined with other existing reports that contain the same information
				and are also supplied to the Commission. If the annual report refers to
				information provided to the Commission through existing reports, the annual
				report shall reference the information by identifying the name, submittal date,
				and page number of the existing report. The annual report shall include an
				attestation, signed by an authorized agent of the POU, affirming that the
				information provided in the report is true and correct.
(1) POU identifying information, including:
				POU name, contact name, mailing address, phone number, and email
				address.
(2) RPS annual procurement
				information for the prior calendar year, including:
(A) Amount of retail sales to end-use
				customers, in MWh, and projected retail sales for the current compliance
				period.
(B) Amount of procured
				electricity products retired, in MWh, and total projected electricity products
				retired for the current compliance period.
(C) WREGIS compliance report for procurement
				claims in the prior calendar year. For any procurement claims not tracked
				through WREGIS as permitted by the RPS Guidelines, the POU shall report
				procurement claims using the process specified in the RPS Guidelines.
(D) An initial, nonbinding classification of
				retired electricity products qualifying for each portfolio content category or
				qualifying to count in full in accordance with section
				3202(a)(2).
(E) An initial, nonbinding classification of
				retired electricity products qualifying as long-term or short-term in
				accordance with section
				3204(d).
(F) Information and supporting contract
				documentation for each of the eligible renewable energy resources with which
				the POU has executed contracts or ownership agreements during the prior year,
				including but not limited to the contracted amount of MWh or the contracted
				percentage of the resource's total output, if applicable; resource fuel type;
				the execution date of the procurement contract or ownership agreement; the
				contract or ownership agreement start date; the duration of the procurement
				contract or ownership agreement in accordance with section
				3204(d); the
				anticipated portfolio content category classification(s) for the electricity
				products procured through the contract or ownership agreement; the anticipated
				long-term or short-term classification for the electricity products procured
				through the contract or ownership agreement; the seller's name, if the resource
				is not owned by the POU; a summary of the resource names and identification
				numbers; and for long-term contracts, information on how the contract meets the
				requirements of section
				3204(d),
				including the associated page numbers in the contract where the terms can be
				located, subject to section
				3207(c)(2)(F)1.-2.
1. Upon request from Commission staff, a POU
				with a long-term contract pursuant to section
				3204(d)(2)(B)2.
				shall submit documentation showing that the underlying contract(s) meet the
				requirements of section
				3204(d)(2)(A)-(C).
				For contracts executed prior to July 1, 2020, this documentation may include
				excerpted contract information, an attestation by the third-party supplier
				regarding the underlying contract duration or ownership of the RPS-certified
				facility or facilities, or both.
2.
				Documentation demonstrating a long-term contract meets the requirements of
				section 3204(d)(2)(A)-(C)
				may be submitted directly to the Commission by the third-party supplier or
				another party on the POU's behalf. The documentation may include an attestation
				by the POU that the contract with the RPS-certified facility or facilities
				meets the requirements of section
				3204(d)(2)(A)-(C).
				An attestation may be submitted only if the POU possesses records to support
				the accuracy of the information to which it attests and the POU agrees to make
				such records available to the Commission upon request in the event of an audit
				or investigation.
(G)
				Documentation demonstrating the portfolio content category classification and
				long-term or short-term classification claimed for all of the POU's procured
				electricity products during the prior year. This documentation may include
				contract information, if not previously submitted; interconnection agreements;
				NERC e-Tag data; scheduling agreements; and firming and shaping
				agreements.
(H) A description of
				any modifications to contracts, ownership, or ownership agreements previously
				reviewed and evaluated by the Commission from which a POU intends to claim
				long-term procurement, including, but not limited to, changes to contract
				duration, procurement quantities, addition or substitution of resources or
				fuel, reallocation between parties of a jointly negotiated contract, and
				efficiency improvements or facility expansions that change procured generation.
				The POU's explanation shall include documentation supporting the
				modifications.
(I) A description of
				any identified issues that occurred that have the potential to delay the POU's
				timely compliance with the RPS procurement requirements defined in section
				3204, and planned actions to
				minimize the delay of timely compliance. Such issues may include, but are not
				limited to, inadequate transmission to allow for procurement to be delivered
				from eligible renewable energy resources, permitting, interconnection, or other
				circumstances that have delayed the procurement from eligible renewable energy
				resources, unanticipated curtailment of a contracted or owned eligible
				renewable energy resource, an unanticipated increase in retail sales due to
				transportation electrification, and higher-than-expected costs for the
				procurement or development of eligible renewable energy resources.
(J) A description of the energy consumption
				by the POU, including any electricity used by the POU for water pumping, or any
				other electricity procured by the POU for purposes other than supplying its
				retail sales. The description shall include the purpose of this consumption,
				the annual amount in MWh associated with the consumption or other end-use, and
				whether the consumption or other end-use was excluded from the POU's retail
				sales.
(3) Actions taken
				by the POU demonstrating reasonable progress toward meeting its RPS procurement
				requirements. The information reported shall include, but not be limited to, a
				discussion of the following actions taken by the POU during the prior calendar
				year:
(A) Solicitations released to solicit
				bid for contracts to procure electricity products from eligible renewable
				energy resources to satisfy the POU's RPS procurement requirements.
(B) Solicitations released to solicit bid for
				ownership agreements for eligible renewable energy resources to satisfy the
				POU's RPS procurement requirements.
(C) Actions taken to develop eligible
				renewable energy resources to satisfy the POU's RPS procurement requirements,
				including initiating environmental studies, completing environmental studies,
				acquiring interests in land for facility siting or transmission, filing
				applications for facility or transmission siting permits, and receiving
				approval for facility or transmission siting permits.
(D) Interconnection requests filed for
				eligible renewable energy resources to satisfy the POU's RPS procurement
				requirements.
(E) Interconnection
				agreements negotiated and executed for eligible renewable energy resources to
				satisfy the POU's RPS procurement requirements.
(F) Transmission-related agreements
				negotiated and executed to transmit electricity products procured from eligible
				renewable energy resources to satisfy the POU's RPS procurement
				requirements.
(G) Other planning
				activities to procure electricity products from eligible renewable energy
				resources.
(4) In
				addition to the information specified in section
				3207(c)(3)(A) -
				(G), the POU shall include a description of
				all actions planned by the POU in the current calendar year to demonstrate
				progress toward achieving the POU's RPS procurement requirements. The
				description of actions planned shall include, but not be limited to, a
				discussion of activities specified in section
				3207(c)(3)(A) -
				(G).
(5) Review of long-term contracts
(A) Voluntary requests for early review
1. A POU may request the Executive Director
				of the Commission to review a contract to determine if the contract qualifies
				as a long-term contract pursuant to the requirements of section
				3204(d)(2)(A)-(C),
				subject to section
				3207(c)(5)(A)1.i.-ii.
i. Requests shall be limited to contracts
				executed on or after July 1, 2020, which on their face require additional
				information or justification to establish that the contracts meet the
				requirements of section
				3204(d)(2)(C).
				For purposes of this section
				3207(c)(5)(A), a
				contract includes both a contract that has been fully executed by the parties
				and a contract that has been fully negotiated by the contracting parties but
				not formally approved by the governing board of the POU, as may be necessary.
				Contracts that on their face meet the requirements of having reasonably
				consistent contracted-for quantities, no zero-cost early termination clauses,
				and defined output share or quantities of procurement and minimum pricing
				terms, as set forth in sections
				3204(d)(2)(C)1.i.-iii.,
				3204 (d)(2)(C)2., and 3204 (d)(2)(C)3. respectively, shall not be eligible for
				voluntary early review.
ii.
				Requests shall be limited to contracts that were not previously reported to the
				Commission during the annual reporting process pursuant to this section
				3207(c).
2. A complete request for review shall
				include the following:
i. A complete copy of
				the contract. The request shall also include any relevant underlying
				contract(s).
ii. A description of
				the contract terms corresponding to each of the long-term contract requirements
				and the associated page number(s) in the contract where the terms can be
				located.
iii. An explanation of how
				the POU has determined that the contract meets the requirements for
				classification as long-term.
iv.
				Any other information necessary to assess the long-term nature of the
				contract.
3. The
				Executive Director may establish a voluntary review request form to facilitate
				the contract review process.
4. To
				the extent possible, the Executive Director, or their designee, shall issue the
				determination within ninety (90) days of submission of a complete request by
				the POU. Failure to meet the 90-day deadline does not constitute a
				determination that the contract qualifies as long-term.
5. The Executive Director, or their designee,
				may request additional information from the POU, if necessary, to determine if
				the contract meets the requirements of section
				3204(d)(2)(A)-(C).
(B) Annual and compliance period review of
				long-term contract classification
1. Contracts
				reported to the Commission for reporting years ending on or prior to December
				31, 2019, and reported to the Commission prior to December 31, 2020
i. During the annual reporting for the
				reporting year ending December 31, 2020, or within 30 days of the effective
				date of these regulations, whichever is later, each POU shall identify the
				long-term or short-term classification for all contracts previously reported to
				the Commission pursuant to section
				3207(c).
				Commission staff shall verify all contract claims specific to the long-term
				procurement requirements during the review process to verify procurement claims
				for the compliance period ending December 31, 2020.
2. Contracts reported to the Commission for
				reporting years after December 31, 2020
i.
				Following the POU submittal of new and amended contract information and
				supporting documentation during the annual report process specified in section
				3207(c),
				Commission staff will verify the information provided and review the supporting
				documentation submitted. To the extent possible, staff shall complete all
				reviews and notify the POU of the verification status within 365 days of the
				annual submittal of complete information and supporting
				documentation.
(C) A POU may request reconsideration of an
				Executive Director determination under section
				3207(c)(5)(A) or
				a staff determination under section
				3207(c)(5)(B) by
				filing a petition for reconsideration to the Commission within 30 calendar days
				of issuance of the determination. The petition for reconsideration shall be
				filed and processed in a manner consistent with a request for investigation
				pursuant to sections
				1231 -
				1232.5.
1. If the long-term contract determination
				was made solely by staff under section
				3207(c)(5)(B),
				the petition for reconsideration shall be filed with and processed by the
				Executive Director in a manner consistent with section
				1232.
2. If the long-term contract determination
				was made by the Executive Director, or their designee, under section
				3207(c)(5)(A) or
				in conjunction with staff under section
				3207(c)(5)(B),
				the petition for reconsideration shall be filed with the Executive Director,
				who shall submit the request to the Commission Chair for review in a manner
				consistent with section
				1232.5.