Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.12 - Noncompliance

Current through Register 1525, July 5, 2024
Any Retail Electricity Supplier or Owner or Operator of an RPS
				Class II Renewable Generation Unit that fails to comply with the requirements
				of 225 CMR
				15.00 shall be subject to the following
				provisions:
(1)
Notice of
			 Noncompliance
. A failure to comply with the requirements of
			 225 CMR
			 15.00 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 or Operator of an RPS Class II
			 Renewable Generation Unit that fails to comply with the requirements of
			 225 CMR
			 15.00. The Notice of Noncompliance shall describe the
			 Requirement(s) with which the Retail Electricity Supplier, Owner, or Operator
			 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 or Operator returns to compliance as determined by the
			 Department.
(3)
Planning Requirement
. A Retail Electricity Supplier
			 that fails to meet the requirements of
			 225
			 CMR 15.07 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
			 15.00 may be subject to the Massachusetts Department
			 of Public Utilities Licensure Action under
			 220
			 CMR 11.07(4)(c)1:
Licensure Action
.
(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 15.07, by the means described in
			 225
			 CMR 15.08(1) through (4),
			 the Department will notify the Retail Electricity Supplier that it must provide
			 the Department with a payment using the financial security of which it provided
			 pursuant to
			 225
			 CMR 14.08(4):
Financial Security Requirements for Retail Electricity
			 Suppliers
, 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):
Alternative Compliance
pursuant to the provisions of
			 225
			 CMR 14.12(5):
Collection of Financial Security
.
(6)
Partial
			 Compliance
. In the event that the collection of financial security
			 under
			 225
			 CMR 14.12(5):
Collection of Financial Security
results in the collection of
			 an amount of Alternative Compliance Payments that is insufficient to discharge
			 a Retail Electricity Supplier's full annual obligations under
			 225
			 CMR 15.07, the Retail Electricity Supplier
			 will remain in a state of noncompliance, and the Department will take the
			 necessary actions to document and enforce this noncompliance, pursuant to
			 225
			 CMR 15.12(1) through
			 (4).
(7) The Department reserves all rights to
			 take any and all appropriate actions to ensure the collection of all
			 Alternative Compliance Payments owed to ensure annual compliance obligations
			 are fully discharged by a Retail Electricity Supplier including, but not
			 limited to, filing a petition with the Department of Public Utilities
			 requesting an investigation into a supplier that is deemed to be in
			 noncompliance by the Department.