Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.66 - Force majeure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No earlier
					 than 60 days prior to the beginning of a reporting period and no more than 60
					 days after the conclusion of the true-up period, the Commission, upon its own
					 initiative or upon the request of an EDC or EGS, may issue an order declaring
					 that force majeure exists for some or all EDCs and EGSs for that reporting
					 period. The order will include separate force majeure determinations for the
					 Tier I alternative energy source, Tier II alternative energy source and solar
					 photovoltaic requirements of §
											75.61 (relating to EDC and EGS
					 obligations).
(b) The Commission
					 will provide public notice of all requests for force majeure
					 determination.
(c) The Commission
					 may find that force majeure exists if there are insufficient alternative energy
					 credits to satisfy the aggregate Tier I alternative energy source, Tier II
					 alternative energy source or solar photovoltaic obligation for all EDCs and
					 EGSs under §
											75.61 for that reporting
					 period.
(d) The Commission may find
					 that force majeure exists for the nonsolar photovoltaic requirement of §
											75.61 if the average price for a
					 nonsolar photovoltaic alternative energy credit purchased by a Pennsylvania EDC
					 and EGS exceeds $45 in the 6-month period preceding the issuance of the order
					 referenced in subsection (a).
(e)
					 If the Commission determines that force majeure exists for a reporting period,
					 EDCs and EGSs shall have the option of making alternative compliance payments
					 in lieu of compliance with §
											75.61 for that reporting period.
(1) This payment must equal $45 for each
					 alternative energy credit needed to satisfy the Tier I nonsolar photovoltaic
					 and Tier II requirements of §
												75.61 or the Commission may choose
					 to reduce the required level of Tier I nonsolar photovoltaic and Tier II
					 compliance for the reporting period.
(2) For the solar photovoltaic requirement,
					 EDCs and EGSs shall have the option of making an alternative compliance payment
					 equal to the market value of solar photovoltaic credits in the applicable RTO
					 service territory, or the Commission may choose to reduce the required level of
					 solar photovoltaic compliance for that reporting period.
(3) A payment shall be accompanied by a
					 statement with supporting facts, filed with the Commission and verified by oath
					 or affirmation, consistent with §
												1.36 (relating to verification),
					 that the EDC or EGS has made a good faith effort to comply with this chapter as
					 outlined in subparagraph (i) of the definition of "force majeure" in §
												75.1 (relating to definitions),
					 that they are unable to acquire a sufficient quantity of alternative energy
					 credits to meet their obligations under §
												75.61 as outlined in subparagraph
					 (ii) of the definition of "force majeure" in §
												75.1, and that an alternative
					 compliance payment is the least cost method of compliance.
(4) The option to make an alternative
					 compliance payment in lieu of compliance with §
												75.61 may not be available to EDCs
					 and EGSs that have already acquired sufficient alternative energy credits for
					 compliance with the requirements of that reporting period.
(5) If the Commission modifies any compliance
					 requirements, the Commission may increase the compliance requirements of an
					 equivalent type and amount in subsequent years when the Commission determines
					 that sufficient alternative energy credits of an equivalent type exist in the
					 marketplace.