Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 21.00 - Clean Peak Energy Portfolio Standard (CPS) › Section 21.12 - Noncompliance

Current through Register 1525, July 5, 2024
Any Retail Electricity Supplier or Owner, Operator, or
				Authorized Agent of a Clean Peak Resource or Aggregation that fails to comply
				with the requirements of 225 CMR 21.00 shall be subject to the provisions in
				225 CMR 21.12(1) through (4).
(1)
Notice of Noncompliance
. A failure to comply with the
			 requirements of 225 CMR 21.00 shall be determined by the Department. A written
			 Notice of Noncompliance shall be prepared and delivered by the Department to
			 any Retail Electricity Supplier or Owner, Operator, or Authorized Agent of a
			 Clean Peak Resource or Aggregation that fails to comply with the requirements
			 of 225 CMR 21.00. The Notice of Noncompliance shall describe the Requirement(s)
			 with which the Retail Electricity Supplier, Owner, Operator, or Authorized
			 Agent failed to comply and the time period of such noncompliance.
(2)
Publication of Notice of
			 Noncompliance
. A Notice of Noncompliance may be published on the
			 Department's website and in any other media deemed appropriate by the
			 Department. Such publication may remain posted until the Retail Electricity
			 Supplier or Owner, Operator, or Authorized Agent returns to compliance as
			 determined by the Department.
(3)
Planning Requirement
. A Retail Electricity Supplier
			 that fails to meet the requirements of 225 CMR 21.07 during a Compliance Year
			 shall submit a plan for achieving compliance for the subsequent three years.
			 The plan shall be filed with the Department no later than the first day of
			 September of the Compliance Year subsequent to the Compliance Year for which
			 the Retail Electricity Supplier was out of compliance or such date as the
			 Department may specify.
(4)
Suspension or Revocation of License
. The Department
			 shall refer its findings of noncompliance to the DPU. A Retail Electricity
			 Supplier that fails to comply with 225 CMR 21.00 may be subject to the DPU
			 Licensure Action under
			 220 CMR
			 11.07(4)(c)1.
(5)
Collection of Financial
			 Security
. In the event that a Retail Electricity Supplier fails to
			 discharge its annual obligations by September 1st
			 under 225 CMR 21.07, by the means described in 225 CMR 21.08(1) through (4),
			 the Department will notify the Retail Electricity Supplier that it must provide
			 the Department with a payment using the financial security provided pursuant to
			 225 CMR
			 14.08(4), unless a Retail
			 Electricity Supplier has an approved alternative payment plan to discharge its
			 annual obligations in full that has been approved by the Department prior to
			 September 1st. The payment shall, within 30 days of
			 notification by the Department, be paid to MassCEC for deposit into a
			 segregated account as required by 225 CMR 21.08(3) and shall be in an amount
			 equal to the lesser of:
(a) the amount of
			 Alternative Compliance Payments that the Retail Electricity Supplier must make
			 in order to discharge its annual obligation under 225 CMR 21.08; or
(b) the full amount of the financial
			 security.