Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.140 - Procedures for Section 16-115D(h) Determination Based on the Operation of Combined Heat and Power Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a) An ARES certified
				only to serve facilities owned by itself or its affiliate, and/or facilities
				electrically integrated with the electrical system of facilities owned by itself or
				its affiliate, and/or facilities adjacent to a site on which a combined heat and
				power system is located may seek a determination that it is exempt from application
				of Section 16-115D and Section 16-115(d) of the Act pursuant to Section 16-115D(h)
				of the Act. An ARES whose certificate is not so limited and grants it authority to
				serve retail customers generally is not eligible for the exemption pursuant to
				Section 16-115D(h) of the Act. An ARES claiming that Section 16-115D and Section
				16-115(d) of the Act do not apply to it pursuant to Section 16-115D(h) of the Act
				must first request a determination that it is exempt under Section 16-115D(h) of the
				Act either in its original application for certification as an ARES or subsequently
				in a separate petition to the Commission filed pursuant to the Commission's Rules of
				Practice (83 Ill. Adm. Code 200) ("Section 16-115D(h) Request") and receive an order
				from the Commission granting its request for this determination. If the Commission
				enters an order granting a Section 16-115D(h) Request, the ARES shall start or
				continue to file annual reports under this Part and must certify and demonstrate in
				each annual report that the conditions giving rise to the exemption from application
				of the provisions of Section 16-115D and Section 16-115(d) of the Act relating to
				procurement of renewable energy resources continue to apply or exist in each
				compliance year.
b) To obtain a
				determination that the provisions of Section 16-115D and Section 16-115(d) of the
				Act relating to procurement of renewable energy resources do not apply to it
				pursuant to Section 16-115D(h) of the Act, an ARES shall demonstrate, at a minimum,
				the following:
1) that it operates a combined heat
				and power system in Illinois or that it has a corporate affiliate that operates a
				combined heat and power system in this State;
2) that this combined heat and power system
				supplies electricity primarily to or for the benefit of:
A) facilities owned by the ARES, its subsidiary,
				or other corporate affiliate;
B)
				facilities electrically integrated with the electrical system of facilities owned by
				the ARES, its subsidiary, or other corporate affiliate; or
C) facilities that are adjacent to the site on
				which the combined heat and power system is located; and
3) that it is certified, or requesting
				certification, only to serve facilities owned by itself or its affiliate, and/or
				facilities adjacent to a site or which a combined heat and power system is
				located.