Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.07 - CAIR renewable units

Current through June 24, 2024
(1) CAIR RENEWABLE REPRESENTATIVE.
(a) The owner and operator of each CAIR
			renewable unit shall select one and only one CAIR renewable representative who
			shall represent the CAIR renewable unit with regards to all matters concerning
			the unit under the CAIR NOx annual trading program and
			the CAIR NOx ozone season trading program.
(b) The CAIR renewable representative of the
			CAIR renewable unit shall be selected by an agreement binding on the owners and
			operators of the unit and shall act in accordance with the certifying
			statements found in par. (c).
(c)
			The CAIR renewable representative for the CAIR renewable unit shall submit to
			the department a certificate of representation. The certificate of
			representation shall include all of the following:
1. Identification of CAIR renewable unit for
			which the certificate of representation is being submitted, including
			identification and nameplate capacity of each generator served by the
			unit.
2. The name, address, e-mail
			address, telephone number and facsimile transmission number of the CAIR
			renewable representative.
3. A list
			of the owners and operators of the CAIR renewable unit.
4. The following certificate statements by
			the CAIR renewable representative:
a. "I
			certify that I was selected as the CAIR renewable representative, by an
			agreement binding on the owners and operators of the CAIR renewable
			unit."
b. "I certify that I have
			all the necessary authority to carry out my duties and responsibilities under
			the CAIR NOx annual trading program and the CAIR
			NOx ozone season trading program on behalf of the owners
			and operators of the CAIR renewable unit and that each owner and operator shall
			be fully bound by my representations, actions, inactions or
			submissions."
c. "I certify that
			the owners and operators of the CAIR renewable unit shall be bound by any order
			issued to me by the administrator, the department or a court regarding the CAIR
			renewable unit."
d. Where there are
			multiple holders of legal or equitable title to, or a leasehold interest in, a
			CAIR renewable unit, or where a utility or industrial customer purchases power
			from a CAIR renewable unit under a life-of-the-unit, firm power contractual
			arrangement, "I certify that: I have given a written notice of my selection as
			the CAIR renewable representative, and of the agreement by which I was selected
			to each owner and operator of the CAIR renewable unit; and any CAIR
			NOx allowances and CAIR NOx ozone
			season allowances and the proceeds of transactions involving CAIR
			NOx allowances and CAIR NOx ozone
			season allowances will be deemed to be held or distributed in proportion to
			each holder's legal, equitable, leasehold, or contractual reservation or
			entitlement, except that, if such multiple holders have expressly provided for
			a different distribution of CAIR NOx allowances or CAIR
			NOx ozone season allowances by contract, the CAIR
			NOx allowances, CAIR NOx ozone
			season allowances and the proceeds of transactions involving CAIR
			NOx allowances and CAIR NOx ozone
			season allowances will be deemed to be held or distributed in accordance with
			the contract."
5. The
			signature of the CAIR renewable representative and the date signed.
(d) Upon receipt by the department
			of a complete certificate of representation under par. (c), the CAIR renewable
			representative of the CAIR renewable unit shall represent and by his or her
			representations, actions, inactions or submissions, legally bind each owner and
			operator of the CAIR renewable unit in all matters pertaining to the CAIR
			NOx trading program and the CAIR
			NOx ozone season trading program, notwithstanding any
			agreement between the CAIR renewable representative and owners and operators of
			the CAIR renewable unit.