Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.12 - Noncompliance

Current through Register 1525, July 5, 2024
Any Retail Electricity Supplier or Owner, Operator or
				Authorized Agent of a RPS Class I Renewable Generation Unit, Solar Carve-out
				Renewable Generation Unit, Solar Carve-out II Renewable Generation Unit or
				Aggregation that fails to comply with the requirements of
				225 CMR
				14.00 shall be subject to the provisions in
				225
				CMR 14.12(1) through
				(4).
(1)
Notice of
			 Noncompliance
. A failure to comply with the requirements of
			 225 CMR
			 14.00 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 an
			 RPS Class I Renewable Generation Unit, Solar Carve-out Renewable Generation
			 Unit, or Solar Carve-out II Renewable Generation Unit or Aggregation that fails
			 to comply with the requirements of
			 225 CMR
			 14.00. 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 14.07 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 Massachusetts Department of Public Utilities. A Retail
			 Electricity Supplier that fails to comply with
			 225 CMR
			 14.00 may be subject to the Massachusetts Department
			 of Public Utilities 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 obligation by September 1st
			 under
			 225
			 CMR 14.07,
			 225
			 CMR 15.07, or
			 225
			 CMR 16.07 by the means described in
			 225
			 CMR 14.08(1) through (3),
			 225
			 CMR 15.08(1) through (4), or
			 225
			 CMR 16.08(1) through (3),
			 the Department will notify the Retail Electricity Supplier that it must provide
			 the Department with a payment using the financial security of which it provided
			 evidence the prior January 31st, 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 deposited into the
			 Alternative Compliance Payment fund established in
			 225
			 CMR 14.08(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 14.07,
			 225
			 CMR 15.07, or
			 225
			 CMR 16.07 in full; or
(b) the full amount of the financial
			 security.