reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
Distribution Company
means an electric
		  utility company engaging in the distribution of electricity owning, operating,
		  or controlling distribution facilities and subject to the ratemaking authority
		  of the Department of Public Utilities (Department); provided, however, a
		  distribution company shall not include any entity that owns or operates plant
		  or equipment used to produce electricity, steam, and chilled water, or any
		  affiliate engaged solely in the provision of such electricity, steam, and
		  chilled water, where the electricity produced by such entity or its affiliate
		  is primarily for the benefit of hospitals and non-profit educational
		  institutions, and where such plant and equipment was in operation prior to
		  January 1, 1986.
Distribution
means the delivery of
		  electricity over lines which operate at a voltage level typically equal to or
		  greater than 110 volts and less than 69,000 volts to an end-use customer within
		  the commonwealth.
Distribution Facility
means plant or
		  equipment used for the distribution of electricity and which is not a
		  transmission facility, a cogeneration facility, or a small power production
		  facility.
Independent System Operator or ISO
means ISO New England, Inc., authorized by the Federal Energy Regulatory
		  Commission to operate the New England bulk power system and administer New
		  England's organized wholesale electricity market pursuant to the ISO Tariff and
		  operation agreements with transmission owners.
NEPOOL
means the New England Power
		  Pool, and its successors.
On-site Generating Facility
means any
		  plant or equipment that is used to produce, manufacture, or otherwise generate
		  electricity and that is not a transmission facility and that has a design
		  capacity of 60 KW or less.
Qualifying Facility
means small power
		  producers and cogenerators that meet the criteria specified by FERC in
		  18 C.F.R. §§
									292.203(a) and (b).
Short-run Rate
means the hourly market
		  clearing price for energy and the monthly market clearing price for capacity,
		  as determined by the ISO and its successors.
Transmission
means the delivery of
		  power over lines that operate at a voltage level typically equal to or greater
		  than 69,000 volts from generating facilities across interconnected high voltage
		  lines to where it enters a distribution system.
Transmission Facility
means plant or
		  equipment used for the transmission of electricity, as determined by the FERC
		  pursuant to federal law and regulation.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.03 - General Terms and Conditions

Current through Register 1525, July 5, 2024
(1) Power Purchase
		Contracts.
(a) Nothing in
		220 CMR 8.00 shall be
		construed to affect, modify or amend terms and conditions of any existing
		Qualifying Facility's contract.
(b)
		A Qualifying Facility may sell its generation output to a Distribution Company
		under one of the following arrangements:
1. A
		standard contract available to all Qualifying Facilities for sales at the
		Short-run Rate only; or
2. A
		negotiated contract executed by a Qualifying Facility and a Distribution
		Company.
(c) When a
		Qualifying Facility submits an offer to sell generation output to a
		Distribution Company, the Distribution Company must respond to the offer within
		30 days of receipt of the offer. If, within 90 days of a Qualifying Facility
		submitting an offer to a Distribution Company, there is a failure to agree to
		terms, the Qualifying Facility may petition the Department to investigate the
		reasonableness of the Distribution Company's actions.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.04 - Interconnection. Metering, and Payment

Current through Register 1525, July 5, 2024
(1)
		Distribution Company Procedures for Interconnection, Metering, and Payment.
		Each Distribution Company shall file with the Department written procedures
		addressing provisions 220 CMR 8.04(2) through (9), within 60 days of the
		effective date of
		220 CMR 8.00.
(2)
Inspection.
At
		the request of a Qualifying Facility or an On-site Generating Facility, a
		Distribution Company shall conduct an initial site inspection of the proposed
		Qualifying Facility or On-site Generating Facility to determine the equipment
		necessary for protecting the Distribution Company's system, and, where
		necessary to estimate the cost of additional engineering studies that will be
		used to provide a more accurate assessment of interconnection costs. Such
		initial inspection shall be made within 45 days of the request by the
		Qualifying Facility or On-site Generating Facility at the Distribution
		Company's expense.
(3)
Interconnection Cost Estimate
. If a thorough estimate
		of interconnection costs cannot be determined after the initial site
		inspection, the Distribution Company shall provide a complete estimate of
		interconnection costs upon request by the Qualifying Facility or On-site
		Generating Facility. The cost of providing this estimate, including engineering
		studies where necessary, shall be paid by the Qualifying Facility or On-site
		Generating Facility to the Distribution Company. Each Distribution Company
		shall develop, for public review, written procedures for estimating
		interconnection costs. If the parties cannot reach an agreement on
		interconnection costs within 90 days of the Qualifying Facility's or the
		On-site Generating Facility's request for an estimate, the parties may petition
		the Department to review the reasonableness of the Distribution Company's
		interconnection cost estimate.
(4)
Standards for Interconnection.
(a) All Qualifying Facility and On-site
		Generating Facility interconnections shall provide protection against the
		following:
1. Inadvertent and unwanted
		reenergization of a Distribution Company dead line or bus;
2. Interconnection while out of
		synchronization;
3. Ground faults
		and phase fault;
4. Frequency
		outside permissible limits; and
5.
		Voltage generated outside permissible limits.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.05 - Terms and Conditions for Sales of Electricity by Qualifying Facilities and On-site Generating Facilities to Distribution Companies

Current through Register 1525, July 5, 2024
(1) Eligibility. All Qualifying Facilities,
		regardless of size, are eligible to receive Short-run Rates.
(2) Standard Terms of Purchase.
(a) Qualifying Facilities that have a design
		capacity of one MW or greater shall have their output metered and purchased at
		rates equal to the payments received by the Distribution Company from the ISO
		power exchange for' such output for the hours in which the Qualifying Facility
		generated electricity in excess of its requirements.
(b) Qualifying Facilities with a design
		capacity greater than 60 KW but less than one MW shall have their output
		metered and purchased at rates equal to the arithmetic average of the Short-run
		Energy rate in the prior calendar month for the KWH which the Qualifying
		Facility generated electricity in excess of its requirements
(c) Qualifying Facilities with a design
		capacity of 60 KW or less shall have the option to have their output metered
		and purchased at rates equal to the arithmetic average of the Short-run Energy
		rate in the prior calendar month for the KWH which the Qualifying Facility
		generated electricity in excess of its requirements. Qualifying Facilities with
		a design capacity of 60 KW or less shall have the option to run their meters
		backward and may choose to receive a credit from the Distribution Company equal
		to the arithmetic average of the Short-run Energyrte in the prior calendar
		month for any month during which there was a positive net difference between
		KWH generated and consumed. Such credit shall appear on the following month's
		bill. Distribution Companies shall be prohibited from imposing special fees on
		these customers, such as backup charges and demand charges, or additional
		controls, or liability insurance, as long as the facility meets the
		Interconnection Standard and all relevant safety and power quality standards.
		These customers must still pay the minimum charge for Distribution Service (as
		shown in an appropriate rate schedule on file with the Department) and all
		other charges for each net KWH delivered by the Distribution Company in each
		billing period.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.06 - Terms and Conditions for Sales of Electricity by Distribution Companies to Qualifying Facilities and On-site Generating Facilities

Current through Register 1525, July 5, 2024
(1) Each Distribution Company shall, upon
		request by a Qualifying Facility or On-site Generating Facility, supply to a
		Qualifying Facility or On-site Generating Facility supplementary, back-up,
		maintenance, and interruptible power pursuant to
		18 C.F.R.
		292.305(b) under rate
		schedules applicable to all customers, regardless of whether they generate
		their own power.
(2) Where it is
		possible for a Qualifying Facility or On-site Generating Facility to receive
		power under the applicability clauses of more than one rate schedule, the
		Qualifying Facility or On-site Generating Facility may choose the rate schedule
		under which it will be served.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.07 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) Each
		Distribution Company shall file with the Department a report of new Qualifying
		Facility and On-site Generating Facility activity in a calendar year, by April
		1st of the subsequent year. Such filing shall include:
(a) The name and address of the owner, and
		the address where the Qualifying Facility or On-site Generating Facility is
		located;
(b) A brief description of
		the type of Qualifying Facility or On-site Generating Facility;
(c) The primary energy source used by the
		Qualifying Facility or On-site Generating Facility;
(d) The date of installation and the on-line
		date;
(e) The method of delivering
		power to the Distribution Company (contract or net metering);
(f) The design capacity of the Qualifying
		Facility or On-site Generating Facility;
(g) A brief discussion identifying any
		Qualifying Facility or On-site Generating Facility that was denied
		interconnection by the Distribution Company, including a statement of reasons
		for such denial.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.08 - Miscellaneous

Current through Register 1525, July 5, 2024
(1) Each Distribution Company shall file with
		the Department and maintain on file for inspection' at its place of business
		the current rates, prices, charges, and terms and conditions established
		pursuant to
		220 CMR 8.00 et seq.
(2) If, at any time, a Qualifying Facility or
		On-site Generating Facility is aggrieved by an action of a Distribution Company
		pursuant to
		220 CMR 8.00, the Qualifying
		Facility or On-site Generating Facility may petition the Department to
		investigate such action. The Department may, at its discretion, open an
		investigation and, if it deems necessary, hold public hearings regarding any
		such petition.
(3) The Department
		may, where appropriate, grant an exception from any provision of
		220 CMR 8.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1) Purpose.
		220 CMR 11.00 establishes the
		rules that will govern the restructuring of the electric industry and will
		apply thereafter to the restructured electric industry in the Commonwealth.
		Their purpose is to provide a regulatory framework for an efficient industry
		structure that will minimize long-term costs to consumers while maintaining the
		safety and reliability of electric services with minimum impact on the
		environment.
(2) Scope.
		220 CMR 11.00 applies to the
		Distribution Companies, Competitive Suppliers and Electricity Brokers that will
		participate in the electric industry in the Commonwealth.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.03 - Transition Cost Recovery

Current through Register 1525, July 5, 2024
(1) Purpose. 220
		CMR 11.03 establishes the procedures governing the identification, mitigation,
		and collection of Transition Costs.
(2) Filing Requirements. No Transition Costs
		may be collected by a Distribution Company unless the collection of those costs
		has been approved by the Department. In order to recover eligible Transition
		Costs, a Distribution Company must file an application for review and approval
		with the Department, that includes the following information:
(a) Documentation that the Distribution
		Company has filed on or before March 1, 1998, a plan to provide all of its
		Retail Customers the ability to purchase electricity from a Competitive
		Supplier as of Marsh 1, 1998;
(b)
		Documentation that the Distribution Company, through the applicable Electric
		Company, has developed and will implement a plan to divest itself of its
		portfolio of all non-nuclear Generation assets by August 1, 1999;
(c) Documentation that the plan formulated
		pursuant to 220 CMR 11.03(2)(a) provides a Standard Offer Generation Service
		rate and rate reduction as required pursuant to
		220 CMR
		11.04(9)(b)3.;
(d) Identification of the following costs,
		incurred prior to January 1, 1996, for which the Distribution Company seeks
		recovery pursuant to M.G.L. c. 164, § 1G(b)(1):
1. The amount of any unrecovered fixed costs
		for Generation-related assets and obligations;
2. The amount of any previously incurred or
		known liabilities related to nuclear decommissioning and post-shutdown
		obligations associated with nuclear power plants;
3. The unrecovered amount of the reported
		book balances of existing generation-related regulatory assets; and
4. The amount by which the costs of existing
		purchased power contract commitments exceed the competitive market price for
		electricity, or the amount necessary to liquidate such contracts.
(e) Identification of the
		following costs, incurred after January 1, 1996, for which the Distribution
		Company seeks recovery pursuant to M.G.L. c. 164, § 1G(b)(2):
1. Employee-related Transition
		Costs;
2. Any payment of taxes or
		payments in lieu of taxes made pursuant to M.G.L. c. 59, § 38H;
		and
3. Any costs to remove and
		decommission retired structures at fossil fuel-fired generation facilities
		required pursuant to M.G.L. c. 164, § 1A(b)(2).
(f) Documentation that the Distribution
		Company has taken all reasonable steps to mitigate to the maximum extent
		possible the total amount of Transition Costs for which recovery is sought
		pursuant to M.G.L. c. 164, § 1G; and
(g) Documentation that the company's recovery
		of Transition Costs is net of the value in excess of book value for any company
		assets not classified to the transmission or distribution function.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.04 - Distribution Company Requirements

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope.
(a)
Purpose.
220 CMR
		11.04 establishes the rules of procedure by which Distribution Companies shall:
1. Provide Distribution Service to
		Distribution Customers in their Service Territories;
2. Provide Electric Service to Low-income
		Customers in their Service Territories;
3. Provide funding for Renewable
		Resources;
4. Provide Energy
		Efficiency and DSM services to Retail Customers in their Service
		Territories;
5. Provide Standard
		Offer Generation Service and Default/Basic Generation Service to Retail
		Customers in their Service Territories that are not receiving Generation
		Service from a Competitive Supplier;
6. Bill Retail Customers in their Service
		Territories; and
7. Terminate
		Electric Service to Retail Customers for non-payment of bills.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.06 - Information Disclosure Requirements

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope.
(a)
Purpose.
The
		purpose of 220 CMR 11.06 is to ensure that Customers are presented with
		consistent information by which to evaluate services offered by Competitive
		Suppliers and Distribution Companies.
(b) Scope. 220 CMR 11.06 applies to all
		Competitive Suppliers and to Distribution Companies as specified in 220 CMR
		11.06.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.07 - Complaint and Damage Claim Resolution; Penalties

Current through Register 1525, July 5, 2024
(1)
Purpose and
		Scope.
(a) Purpose. The purpose
		of 220 CMR 11.07 is to establish the complaint and dispute resolution
		procedures and associated penalties applicable to Customer complaints or damage
		claims between Customers and Distribution Companies, Competitive Suppliers, or
		Electricity Brokers.
(b) Scope. 220
		CMR 11.07 applies to all Distribution Companies, Competitive Suppliers, and
		Electricity Brokers doing business in the Commonwealth.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 11.00 - Rules Governing the Restructuring of the Electric Industry › Section 11.08 - Exceptions

Current through Register 1525, July 5, 2024
The Department on its own motion or for good cause shown by a
		  petitioner may grant an exception to any provision of
		  220 CMR
		  11.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies › Section 12.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1) Purpose.
		220 CMR 12.00 sets forth the
		Standards of Conduct governing the relationship between a Distribution Company
		and its Affiliates transacting business in Massachusetts.
(2) Scope.
		220 CMR 12.00 applies to all
		Distribution Companies under the Department's jurisdiction.
		220 CMR 12.00 does not
		supersede existing applicable law and regulations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies › Section 12.02 - Definitions

Current through Register 1525, July 5, 2024
Affiliate
refers to any "affiliated
		  company," as defined in M.G.L. c. 164, § 85, or any unit or division
		  within a Distribution Company or its parent, or any separate legal entity
		  either owned or subject to the common control of the Distribution Company or
		  its parent.
Antitrust Laws
are federal and state
		  statutes, including the Sherman Act,
		  15 U.S.C.
		  §§
									1 through
		  7,
		  the Clayton Act,
		  15 U.S.C. §§
									12 through
		  27,
		  and the Massachusetts Antitrust Act, M.G.L. c. 93, §§ 1 through 14A,
		  and related judicial decisions.
Competitive Affiliate
refers to any
		  Affiliate that is engaged in the sale or marketing of products or services on a
		  competitive basis.
Competitive Energy Affiliate
refers to
		  any Competitive Affiliate that is engaged in the sale or marketing of natural
		  gas, electricity, or Energy-related Services on a competitive basis.
Competitive Non-energy Affiliate
refers to any Competitive Affiliate that is engaged in the sale or marketing of
		  products or service, other than natural gas, electricity, or Energy-related
		  Services, on a competitive basis.
Department
refers to the Department of
		  Public Utilities.
Distribution Company
refers to a
		  natural gas local distribution company or Electric Company that provides
		  distribution services under the Department's jurisdiction.
Electric Company
is defined as in
		  M.G.L. c. 164, § 1.
Employee
refers to an officer,
		  director, employee or agent who has specific knowledge of, or direct access to,
		  information not otherwise available to Non-affiliated Energy Suppliers that
		  could provide a Competitive Energy Affiliate with an undue advantage.
Energy-related Services
are those
		  services the costs of which have been recovered by Distribution Companies
		  through rates approved by the Department.
Non-affiliated Energy Supplier
refers
		  to any entity, including aggregators, engaged in marketing, brokering or
		  selling natural gas, electricity, or energy-related services to retail
		  customers where such product or service is also provided by a Competitive
		  Energy Affiliate.
Non-affiliated Supplier
refers to any
		  entity engaged in selling or marketing products or services where such product
		  or service is also provided by a Competitive Affiliate.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies › Section 12.03 - General Standards of Conduct

Current through Register 1525, July 5, 2024
(1) A
		Distribution Company shall apply tariff provisions in the same manner to the
		same or similarly situated entities if there is discretion in the application
		of the provision.
(2) A
		Distribution Company shall strictly enforce tariff provisions for which there
		is no discretion in the application of the provision.
(3) A Distribution Company shall not, through
		a tariff provision or otherwise, give its Competitive Affiliate or customers of
		its Competitive Affiliate preference over Non-affiliated Suppliers or their
		customers in matters relating to any product or service that is subject to a
		tariff on file with the Department.
(4) If a Distribution Company provides its
		Competitive Energy Affiliate, or a customer of its Competitive Energy
		Affiliate, any product or service other than general and administrative support
		services, it shall make the same products or services available to all
		Non-affiliated Energy Suppliers or their customers on a non-discriminatory
		basis.
(5) A Distribution Company
		shall not offer or sell electricity or natural gas commodity or capacity to its
		Competitive Affiliate without simultaneously posting the offering
		electronically on a source generally available to the market or otherwise
		making a sufficient offering to the market.
(6)
(a) If
		a Distribution Company offers its Competitive Energy Affiliate, or a customer
		of its Competitive Energy Affiliate, a discount, rebate or fee waiver for any
		product or service, it shall make the same available on a non-discriminatory
		basis to all Non-affiliated Energy Suppliers or customers.
(b) If a Distribution Company offers a
		Competitive Affiliate, or a customer of a Competitive Affiliate, a discount,
		rebate or fee waiver for any product or service that is subject to a tariff on
		file with the Department, it shall make the same available to all
		Non-affiliated Suppliers and their customers simultaneously, to the extent
		technically possible, on a comparable basis.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies › Section 12.04 - Pricing of Transactions Between Distribution Companies and Affiliates

Current through Register 1525, July 5, 2024
(1) A Distribution Company may sell, lease,
		or otherwise transfer to an Affiliate, including a Competitive Affiliate, an
		asset, the cost of which has been reflected in the Distribution Company's rates
		for regulated service, provided that the price charged the Affiliate is the
		higher of the net book value or market value of the asset. The Department shall
		determine the market value of any such asset sold, leased, or otherwise
		transferred, based on the highest price that the asset could have reasonably
		realized after an open and competitive sale.
(2) A Distribution Company may sell, lease,
		or otherwise transfer to an affiliate, including a Competitive Affiliate,
		assets other than those subject to 220 CMR 12.04(1), and may also provide
		services to an affiliate, including a Competitive Affiliate, provided that the
		price charged for such asset or service is equal to or greater than the
		Distribution Company's fully allocated cost to provide the asset or
		service.
(3) An Affiliated Company
		may sell, lease, or otherwise transfer an asset to a Distribution Company, and
		may also provide services to a Distribution Company, provided that the price
		charged to the Distribution Company is no greater than the market value of the
		asset or service provided.
(4) A
		Distribution Company must maintain a log of all transactions with Affiliated
		Companies made pursuant to 220 CMR 12.04(1) through (3). The log shall include
		the date of the transaction, the nature and quantity of the asset or service
		provided, the price charged, and an explanation of how the price was derived
		for purposes of compliance with 220 CMR 12.04. All log entries must be dated
		and made contemporaneously with relevant transactions. The log shall be kept up
		to date. The Distribution Company shall file a copy of the log with the
		Department no later than January 15th of each year, covering the previous
		year.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies › Section 12.05 - Penalties

Current through Register 1525, July 5, 2024
(1) Any Distribution Company or Affiliate
		that violates any provision of 220 CMR 12.05 shall be subject to a civil
		penalty not to exceed $ 25,000 for each violation for each day that the
		violation persists; provided, however, that the maximum civil penalty shall not
		exceed $ 1,000,000 for any related series of violations. Any such penalty shall
		be determined by the Department after a public hearing.
(2) In determining the amount of any penalty
		assessed pursuant to 220 CMR 12.05(1), the Department will consider the
		following: the appropriateness of the penalty to the size of the business of
		the Distribution Company or Affiliate charged; the gravity of the violation;
		the good faith of the Distribution Company or Affiliate in attempting to
		achieve compliance after notification of a violation; and any other criteria
		deemed appropriate by the Department under the circumstances.
(3) Nothing in
		220 CMR 12.00 shall be
		construed to confer immunity from state and federal Antitrust Laws. A penalty
		assessed pursuant to
		220 CMR 12.00 does not affect
		or preempt antitrust liability but rather is in addition to any antitrust
		liability that may apply to the activity.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 14.00 - The Unbundling of Services Related to the Provision of Natural Gas › Section 14.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1) Purpose.
		220 CMR 14.00 establishes the
		rules that will govern the natural gas industry in the Commonwealth. The
		purpose of
		220 CMR 14.00 is to provide a
		regulatory framework for an efficient industry structure that will minimize
		long-term costs to consumers while maintaining the safety and reliability of
		natural gas services.
(2) Scope.
		220 CMR 14.00 applies to the
		Local Distribution Companies, Suppliers and Retail Agents that will participate
		in the natural gas industry in the Commonwealth.
220 CMR 14.00 shall not apply
		  to a Retail Customer acting as its own Supplier. Nor shall any provision of
		  220 CMR 14.00 be construed so
		  as to preclude a Retail Customer from acting as its own Supplier, so long as
		  said Retail Customer is an approved shipper on the upstream pipelines and
		  underground storage facilities on which it will be assigned capacity, and meets
		  all other Supplier requirements and practices set forth in the terms and
		  conditions of the Local Distribution Company providing that Retail Customer
		  with Distribution Service.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 14.00 - The Unbundling of Services Related to the Provision of Natural Gas › Section 14.03 - Local Distribution Company Requirements

Current through Register 1525, July 5, 2024
(1)
Purpose and
		Scope
.
(a)
Purpose
. 220 CMR 14.03 establishes the rules of
		procedure by which Local Distribution Companies shall:
1. Provide Distribution Service to
		Distribution Customers in their Service Territories;
2. Unless otherwise directed by the
		Department, provide Default Service to Retail Customers in their Service
		Territories who are not receiving Supplier Service from a Supplier;
3. Bill Retail Customers in their Service
		Territories; and
4. Terminate Gas
		Service to Retail Customers for non-payment of bills.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 14.00 - The Unbundling of Services Related to the Provision of Natural Gas › Section 14.05 - Information Disclosure Requirements

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
.
(a)
Purpose
. The
		purpose of 220 CMR 14.05 is to ensure that Residential and Non-Residential
		Customers with an annual load of less than or equal to 7,000 therms are
		presented with consistent information by which to evaluate services offered by
		Suppliers and Local Distribution Companies.
(b)
Scope
. 220 CMR
		14.05 applies to all Suppliers and to Local Distribution Companies as specified
		in 220 CMR 14.05.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 14.00 - The Unbundling of Services Related to the Provision of Natural Gas › Section 14.06 - Complaint and Damage Claim Resolution; Penalties

Current through Register 1525, July 5, 2024
(1)
Purpose and
		Scope.
(a) Purpose. The purpose
		of 220 CMR 14.06 is to establish the complaint and dispute resolution
		procedures and associated penalties applicable to Customer complaints or damage
		claims between Retail Customers and Local Distribution Companies, Suppliers or
		Retail Agents.
(b) Scope. 220 CMR
		14.06 applies to all Local Distribution Companies, Suppliers and Retail Agents
		doing business in the Commonwealth.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 14.00 - The Unbundling of Services Related to the Provision of Natural Gas › Section 14.07 - Exceptions

Current through Register 1525, July 5, 2024
The Department on its own motion or for good cause shown by a
		  petitioner may grant an exception to any provision of
		  220 CMR
		  14.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
		220 CMR 17.00 establishes
		regulations for electric distribution companies to enter into long-term
		contracts with renewable energy developers to facilitate the financing of
		renewable energy generation.
(2)
Scope.
(a)
									220
		CMR 17.04 applies to electric distribution
		companies within the Commonwealth of Massachusetts.
(b)
									220
		CMR 17.05 and
		220 CMR
		17.06 apply to long-term contracts subject to
		220 CMR 17.00 between
		renewable energy developers and electric distribution companies, and the
		resources proposed under such contracts.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
		  220 CMR 17.00, the terms set
		  forth in 220 CMR 17.02 are defined as follows, unless the context otherwise
		  requires.
Customer
means a recipient of
		  distribution service provided by a distribution company.
Department
means the Department of
		  Public Utilities.
DOER
means the Department of Energy
		  Resources.
Distribution Company
shall be as
		  defined in M.G.L. c. 164, § 1.
Long-term Contract
under
		  220 CMR 17.00 means a
		  contract with a term of ten to 15 years.
Renewable Energy Generation Source
means a source of generation of electricity or related attributes from
		  renewable resources.
Renewable Energy Developer
means an
		  individual or company engaged in the business of developing renewable energy
		  generation sources for the production of electricity and renewable energy
		  generation attributes.
Renewable Resources
are as defined in
		  M.G.L. c. 25A, § 11F.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.03 - General Terms and Conditions

Current through Register 1525, July 5, 2024
(1) Commencing
		July 1, 2009 and ending June 30, 2014, each distribution company shall conduct
		at least two separate solicitations for long-term contract proposals from
		renewable energy developers. A distribution company may also voluntarily
		solicit additional proposals under
		220 CMR 17.00 over the
		five-year period.
(2) Long-term
		contracts executed by the distribution company shall be filed with and approved
		by the Department before they become effective.
(3) Long-term contracts must meet the
		criteria established by
		220 CMR 17.00, and other
		applicable Department precedent.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.04 - Methods for Soliciting and Entering into Long-term Contracts

Current through Register 1525, July 5, 2024
(1) Distribution companies shall coordinate
		with DOER in developing their timetables and methods for solicitations and
		contracting to ensure that the timing of their solicitations is appropriate and
		the methods will foster competitive bids. Distribution companies shall consider
		participating in a DOER-administered solicitation process prior to conducting
		their own solicitations. Distribution companies may consider additional
		reasonable methods of soliciting proposals from renewable energy developers
		including public solicitations, individual negotiations, or other
		methods.
(2) In developing the
		provisions of long-term contracts, distribution companies shall consider
		multiple contracting methods such as long-term contracts for renewable energy
		certificates (RECs), for energy, or for a combination of RECs and
		energy.
(3) If a distribution
		company determines that the terms and conditions of a contract obligation would
		place an unreasonable burden on its balance sheet, it may decline to consider
		the contract proposal. Distribution companies shall report to and demonstrate
		for the Department the effect that a rejected contract proposal would have had
		on its balance sheet within ten business days of the rejection.
(4) Prior to initiating a solicitation, a
		distribution company's timetable and methods for solicitation and contracting
		shall be subject to review and approval by the Department.
(5) In any filing supporting the timetable
		and methods for solicitation and contracting, distribution companies shall:
(a) Describe proposed methods reviewed or
		selected;
(b) Document the agenda,
		content, and outcome of all consultations with DOER;
(c) Attach to their filing comments by DOER
		on the solicitation and contracting methods reviewed and selected;
(d) Identify areas of agreement and
		disagreement with DOER; and
(e)
		Respond to each question or concern raised by DOER in its comments with respect
		to the solicitation and contracting processes reviewed and selected.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.05 - General Criteria for Long-term Contracts and Renewable Energy Generation Sources

Current through Register 1525, July 5, 2024
(1) Long-term contracts must be with
		renewable energy generation sources that:
(a)
		Have a commercial operation date, as verified by DOER, on or after January 1,
		2008;
(b) Be qualified by DOER as
		eligible to participate in the Renewable Portfolio Standards (RPS) program, and
		to sell RECs under the program, pursuant to M.G.L. c. 25A, §
		11F;
(c) Be determined by the
		Department to:
1. Provide enhanced
		electricity reliability within the Commonwealth of Massachusetts;
2. Contribute to moderating system peak load
		requirements;
3. Be cost-effective
		to Massachusetts electric ratepayers over the term of the contract;
		and
4. Create additional employment
		where feasible; and
(d)
		Be a cost-effective mechanism for procuring renewable energy on a long-term
		basis.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.06 - Use of Energy and RECs Obtained through Long-term Contracts

Current through Register 1525, July 5, 2024
(1) After purchasing renewable energy, or
		RECs, or both, a distribution company may:
(a) Sell the energy to its basic service
		customers, and retain RECs for the purpose of meeting the applicable annual RPS
		requirements;
(b) Sell the energy
		into the wholesale electricity spot market, and sell the purchased RECs through
		a competitive bid process; or
(c)
		Select an alternative transactional approach, in consultation with DOER and
		subject to review and approval of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.07 - Remuneration to Distribution Companies

Current through Register 1525, July 5, 2024
(1) A
		distribution company may receive an annual remuneration equal to 4% of the
		annual payments under a contract.
(2) The purpose of such remuneration shall be
		to compensate the company for accepting any financial obligation of the
		long-term contract.
(3)220 CMR
		17.07 will be acted upon by the Department at the time of contract
		approval.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 17.00 - Long-term Contracts For Renewable Energy › Section 17.08 - Long-term Contracts and RPS Requirements

Current through Register 1525, July 5, 2024
(1) A distribution company's obligation to
		enter long-term contracts is separate and distinct from its obligation to meet
		RPS requirements.
(2)
								220 CMR 17.00 will not limit
		consideration of other short- or long-term contracts for power and/or RECs
		submitted by a distribution company for review and approval by the
		Department.
(3) If RPS requirements
		terminate, a distribution company's obligation to solicit long-term contracts
		shall also cease. However, contracts already executed and approved by the
		Department will remain in full force and effect.
(4) If a distribution company has entered
		into long-term contracts consistent with St. 2008, c. 169, § 83, it shall
		not be required by regulation or order to enter into contracts with terms of
		more than three years to meet its annual RPS requirements, pursuant to M.G.L.
		c. 25A, § 11F, unless the Department finds that such contracts are in the
		best interests of customers. Electric distribution companies may voluntarily
		execute long-term contracts to meet applicable annual RPS requirements, subject
		to the Department's approval.
(5)
		Distribution companies shall not be obligated to enter into long-term contracts
		under St. 2008, c. 169, § 83 that would, in the aggregate, exceed 3% of
		total annual energy demand (in megawatt-hours) from all distribution customers
		in the service territory of the distribution company.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 18.00 - Net Metering › Section 18.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
		220 CMR
		18.00 governs how Distribution Companies are to
		provide Net Metering services to Customers consistent with the Net Metering
		provisions of M.G.L. c. 164, §§ 138 through 140.
(2)
Scope
.
		220 CMR
		18.00 applies to all Distribution Companies subject to
		the jurisdiction of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 18.00 - Net Metering › Section 18.03 - Net Metering Services

Current through Register 1525, July 5, 2024
(1) Each
		Distribution Company shall provide services to Customers and Host Customers
		necessary to permit Net Metering, including those related to interconnection,
		metering, calculation, and billing of Net Metering Credits, as provided by
		220
		CMR 18.04 and as specified in a Distribution
		Company's Net Metering tariff pursuant to
		220
		CMR 18.09(2) and
		(3).
(2) No Distribution Company may impose a
		special fee on a Host Customer with a Class I Net Metering Facility, including
		a New Solar Net Metering Facility, such as backup charges and demand charges,
		or additional controls or liability insurance, except for a monthly minimum
		reliability contribution or other fee approved by the Department in a
		ratemaking proceeding, provided that the facility meets the other requirements
		of the interconnection tariff, and all relevant safety and power quality
		standards.
(3) Each Distribution
		Company shall calculate a Net Metering Credit as set forth in
		220
		CMR 18.04, and not bill a Host Customer for
		kilowatt-hour usage, for any Billing Period in which the kilowatt-hours
		generated by a Class I Net Metering Facility, Class II Net Metering Facility,
		Class III Net Metering Facility, New Solar Net Metering Facility, or Small
		Hydroelectric Net Metering Facility participating in the Small Hydroelectric
		Net Metering Program exceed the kilowatt-hour usage of the Host
		Customer.
(4) Each Distribution
		Company shall bill a Host Customer for net excess consumption for any Billing
		Period in which the kilowatt-hours consumed by a Host Customer exceed the
		kilowatt-hours generated by a Class I Net Metering Facility, Class II Net
		Metering Facility, Class III Net Metering Facility, New Solar Net Metering
		Facility, or Small Hydroelectric Net Metering Facility participating in the
		Small Hydroelectric Net Metering Program.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 18.00 - Net Metering › Section 18.04 - Calculation of Net Metering Credits

Current through Register 1525, July 5, 2024
(1) For a
		Class I Net Metering Facility that is a Wind Net Metering Facility, Class I Net
		Metering Facility that is a Solar Net Metering Facility, Class I Net Metering
		Facility that is an Agricultural Net Metering Facility, Class I Net Metering
		Facility that is an Anaerobic Digestion Net Metering Facility, Class II Net
		Metering Facility, a Net Metering Facility of a Municipality or Other
		Governmental Entity, or a Solar Net Metering Facility that receives approval by
		Department order, except those Solar Net Metering Facilities governed by 220
		CMR 18.04(3) and (4), each Distribution Company shall calculate for each
		Billing Period a Net Metering Credit equal to:
(a) 100% of the net excess kilowatt-hours, by
		time-of-use, if applicable, multiplied by the sum of the following Distribution
		Company charges applicable to the rate class under which the Host Customer
		takes service:
1. basic service kilowatt-hour
		charge in the ISO-NE load zone where the Host Customer is located;
2. distribution kilowatt-hour
		charge;
3. transmission
		kilowatt-hour charge; and
4.
		transition kilowatt-hour charge;