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§ 3207. Compliance Reporting for POUs.

20 CA ADC § 3207Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission (Refs & Annos)
Chapter 13. Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities
20 CCR § 3207
§ 3207. Compliance Reporting for POUs.
(a) Each POU shall submit the following reports to the Commission as required by this section.
(b) Within 90 calendar days after the effective date of these regulations, any POU that has adopted rules allowing for historic carryover, in accordance with section 3206 (a)(5), shall submit documentation to the Commission including all applicable procurement claims by RPS-certified facility and generation month for January 1, 2004 - December 31, 2010 (or the date on which the POU became operational through December 31, 2010), baseline calculations used to determine the amount of historic carryover claimed, annual procurement target calculations for 2004-2010, and any other pertinent documentation necessary.
(c) By July 1 of each year, each POU shall submit an annual report to the Commission that includes the information in section 3207 (c)(1)-(4) for the prior calendar year. The format for the annual report shall be specified by the Commission, but the information contained in the annual report may be combined with other existing reports that contain the same information and are also supplied to the Commission. If the annual report refers to information provided to the Commission through existing reports, the annual report shall reference the information by identifying the name, submittal date, and page number of the existing report. The annual report shall include an attestation, signed by an authorized agent of the POU, affirming that the information provided in the report is true and correct.
(1) POU identifying information, including: POU name, contact name, mailing address, phone number, and email address.
(2) RPS annual procurement information for the prior calendar year, including:
(A) Amount of retail sales to end-use customers, in MWh, and projected retail sales for the current compliance period.
(B) Amount of procured electricity products retired, in MWh, and total projected electricity products retired for the current compliance period.
(C) WREGIS compliance report for procurement claims in the prior calendar year. For any procurement claims not tracked through WREGIS as permitted by the RPS Guidelines, the POU shall report procurement claims using the process specified in the RPS Guidelines.
(D) An initial, nonbinding classification of retired electricity products qualifying for each portfolio content category or qualifying to count in full in accordance with section 3202 (a)(2).
(E) An initial, nonbinding classification of retired electricity products qualifying as long-term or short-term in accordance with section 3204 (d).
(F) Information and supporting contract documentation for each of the eligible renewable energy resources with which the POU has executed contracts or ownership agreements during the prior year, including but not limited to the contracted amount of MWh or the contracted percentage of the resource's total output, if applicable; resource fuel type; the execution date of the procurement contract or ownership agreement; the contract or ownership agreement start date; the duration of the procurement contract or ownership agreement in accordance with section 3204 (d); the anticipated portfolio content category classification(s) for the electricity products procured through the contract or ownership agreement; the anticipated long-term or short-term classification for the electricity products procured through the contract or ownership agreement; the seller's name, if the resource is not owned by the POU; a summary of the resource names and identification numbers; and for long-term contracts, information on how the contract meets the requirements of section 3204 (d), including the associated page numbers in the contract where the terms can be located, subject to section 3207 (c)(2)(F)1.-2.
1. Upon request from Commission staff, a POU with a long-term contract pursuant to section 3204 (d)(2)(B)2. shall submit documentation showing that the underlying contract(s) meet the requirements of section 3204 (d)(2)(A)-(C). For contracts executed prior to July 1, 2020, this documentation may include excerpted contract information, an attestation by the third-party supplier regarding the underlying contract duration or ownership of the RPS-certified facility or facilities, or both.
2. Documentation demonstrating a long-term contract meets the requirements of section 3204 (d)(2)(A)-(C) may be submitted directly to the Commission by the third-party supplier or another party on the POU's behalf. The documentation may include an attestation by the POU that the contract with the RPS-certified facility or facilities meets the requirements of section 3204 (d)(2)(A)-(C). An attestation may be submitted only if the POU possesses records to support the accuracy of the information to which it attests and the POU agrees to make such records available to the Commission upon request in the event of an audit or investigation.
(G) Documentation demonstrating the portfolio content category classification and long-term or short-term classification claimed for all of the POU's procured electricity products during the prior year. This documentation may include contract information, if not previously submitted; interconnection agreements; NERC e-Tag data; scheduling agreements; and firming and shaping agreements.
(H) A description of any modifications to contracts, ownership, or ownership agreements previously reviewed and evaluated by the Commission from which a POU intends to claim long-term procurement, including, but not limited to, changes to contract duration, procurement quantities, addition or substitution of resources or fuel, reallocation between parties of a jointly negotiated contract, and efficiency improvements or facility expansions that change procured generation. The POU's explanation shall include documentation supporting the modifications.
(I) A description of any identified issues that occurred that have the potential to delay the POU's timely compliance with the RPS procurement requirements defined in section 3204, and planned actions to minimize the delay of timely compliance. Such issues may include, but are not limited to, inadequate transmission to allow for procurement to be delivered from eligible renewable energy resources, permitting, interconnection, or other circumstances that have delayed the procurement from eligible renewable energy resources, unanticipated curtailment of a contracted or owned eligible renewable energy resource, an unanticipated increase in retail sales due to transportation electrification, and higher-than-expected costs for the procurement or development of eligible renewable energy resources.
(J) A description of the energy consumption by the POU, including any electricity used by the POU for water pumping, or any other electricity procured by the POU for purposes other than supplying its retail sales. The description shall include the purpose of this consumption, the annual amount in MWh associated with the consumption or other end-use, and whether the consumption or other end-use was excluded from the POU's retail sales.
(3) Actions taken by the POU demonstrating reasonable progress toward meeting its RPS procurement requirements. The information reported shall include, but not be limited to, a discussion of the following actions taken by the POU during the prior calendar year:
(A) Solicitations released to solicit bid for contracts to procure electricity products from eligible renewable energy resources to satisfy the POU's RPS procurement requirements.
(B) Solicitations released to solicit bid for ownership agreements for eligible renewable energy resources to satisfy the POU's RPS procurement requirements.
(C) Actions taken to develop eligible renewable energy resources to satisfy the POU's RPS procurement requirements, including initiating environmental studies, completing environmental studies, acquiring interests in land for facility siting or transmission, filing applications for facility or transmission siting permits, and receiving approval for facility or transmission siting permits.
(D) Interconnection requests filed for eligible renewable energy resources to satisfy the POU's RPS procurement requirements.
(E) Interconnection agreements negotiated and executed for eligible renewable energy resources to satisfy the POU's RPS procurement requirements.
(F) Transmission-related agreements negotiated and executed to transmit electricity products procured from eligible renewable energy resources to satisfy the POU's RPS procurement requirements.
(G) Other planning activities to procure electricity products from eligible renewable energy resources.
(4) In addition to the information specified in section 3207 (c)(3)(A) - (G), the POU shall include a description of all actions planned by the POU in the current calendar year to demonstrate progress toward achieving the POU's RPS procurement requirements. The description of actions planned shall include, but not be limited to, a discussion of activities specified in section 3207 (c)(3)(A) - (G).
(5) Review of long-term contracts
(A) Voluntary requests for early review
1. A POU may request the Executive Director of the Commission to review a contract to determine if the contract qualifies as a long-term contract pursuant to the requirements of section 3204 (d)(2)(A)-(C), subject to section 3207 (c)(5)(A)1.i.-ii.
i. Requests shall be limited to contracts executed on or after July 1, 2020, which on their face require additional information or justification to establish that the contracts meet the requirements of section 3204 (d)(2)(C). For purposes of this section 3207 (c)(5)(A), a contract includes both a contract that has been fully executed by the parties and a contract that has been fully negotiated by the contracting parties but not formally approved by the governing board of the POU, as may be necessary. Contracts that on their face meet the requirements of having reasonably consistent contracted-for quantities, no zero-cost early termination clauses, and defined output share or quantities of procurement and minimum pricing terms, as set forth in sections 3204 (d)(2)(C)1.i.-iii., 3204 (d)(2)(C)2., and 3204 (d)(2)(C)3. respectively, shall not be eligible for voluntary early review.
ii. Requests shall be limited to contracts that were not previously reported to the Commission during the annual reporting process pursuant to this section 3207 (c).
2. A complete request for review shall include the following:
i. A complete copy of the contract. The request shall also include any relevant underlying contract(s).
ii. A description of the contract terms corresponding to each of the long-term contract requirements and the associated page number(s) in the contract where the terms can be located.
iii. An explanation of how the POU has determined that the contract meets the requirements for classification as long-term.
iv. Any other information necessary to assess the long-term nature of the contract.
3. The Executive Director may establish a voluntary review request form to facilitate the contract review process.
4. To the extent possible, the Executive Director, or their designee, shall issue the determination within ninety (90) days of submission of a complete request by the POU. Failure to meet the 90-day deadline does not constitute a determination that the contract qualifies as long-term.
5. The Executive Director, or their designee, may request additional information from the POU, if necessary, to determine if the contract meets the requirements of section 3204 (d)(2)(A)-(C).
(B) Annual and compliance period review of long-term contract classification
1. Contracts reported to the Commission for reporting years ending on or prior to December 31, 2019, and reported to the Commission prior to December 31, 2020
i. During the annual reporting for the reporting year ending December 31, 2020, or within 30 days of the effective date of these regulations, whichever is later, each POU shall identify the long-term or short-term classification for all contracts previously reported to the Commission pursuant to section 3207 (c). Commission staff shall verify all contract claims specific to the long-term procurement requirements during the review process to verify procurement claims for the compliance period ending December 31, 2020.
2. Contracts reported to the Commission for reporting years after December 31, 2020
i. Following the POU submittal of new and amended contract information and supporting documentation during the annual report process specified in section 3207 (c), Commission staff will verify the information provided and review the supporting documentation submitted. To the extent possible, staff shall complete all reviews and notify the POU of the verification status within 365 days of the annual submittal of complete information and supporting documentation.
(C) A POU may request reconsideration of an Executive Director determination under section 3207 (c)(5)(A) or a staff determination under section 3207 (c)(5)(B) by filing a petition for reconsideration to the Commission within 30 calendar days of issuance of the determination. The petition for reconsideration shall be filed and processed in a manner consistent with a request for investigation pursuant to sections 1231 - 1232.5.
1. If the long-term contract determination was made solely by staff under section 3207 (c)(5)(B), the petition for reconsideration shall be filed with and processed by the Executive Director in a manner consistent with section 1232.
2. If the long-term contract determination was made by the Executive Director, or their designee, under section 3207 (c)(5)(A) or in conjunction with staff under section 3207 (c)(5)(B), the petition for reconsideration shall be filed with the Executive Director, who shall submit the request to the Commission Chair for review in a manner consistent with section 1232.5.
(d) The Commission shall verify a POU's procurement claims for each compliance period following the process in the RPS Guidelines. Within 90 days of the POU's receipt of the Commission's draft verification results, the POU shall submit a compliance report that provides the following information for the applicable compliance period:
(1) The POU's RPS procurement target for the compliance period, in MWh.
(2) The amount of draft verified procurement retired, in MWh, for the compliance period that the POU applies toward the RPS procurement requirements for the compliance period. The POU shall report the amount of draft verified procurement applied from each portfolio content category or meeting the criteria of section 3202 (a)(2). For each portfolio content category, the POU shall additionally report the amount from each category that is classified as long-term or short-term.
(3) The amount of excess procurement, in MWh, accrued in previous compliance periods, if any, and historic carryover, if any, that the POU is applying to the RPS procurement target for the compliance period. The POU shall report the amount of excess procurement applied from each portfolio content category or that meets the criteria of section 3202 (a)(2) or historic carryover. For each portfolio content category, the POU shall additionally report the amount that is classified as long-term or short-term.
(4) The amount of excess procurement, in MWh, accrued for the compliance period, if any, that may be applied toward future compliance periods, as determined by applying the calculation in section 3206 (a)(1)(H) or section 3206 (a)(1)(I)6., as applicable. The POU shall report the amount of accrued excess procurement from each portfolio content category or meeting the criteria of section 3202 (a)(2). For each portfolio content category, the POU shall additionally report the amount that is classified as long-term or short-term.
(A) For the annual report submitted July 1, 2021, or within 30 days of the effective date of these regulations, whichever is later, a POU that adopted rules permitting it to make a voluntary early compliance election pursuant to section 3206 (a)(1)(G) or section 3206 (a)(1)(I)3. shall report on any election made in accordance with its adopted rules.
(5) If a POU's compliance report indicates that the POU's RPS procurement requirements were not met, the POU shall submit copies of its renewable energy resource procurement plan(s) and enforcement program(s) in effect during the compliance period, if not previously submitted to the Commission, and provide documentation to justify the application of any optional compliance measures adopted by the POU in accordance with section 3206. The documentation shall include all reports, analyses, proposed findings, and any other information upon which the POU relied in applying the measure, as well as the amount of the shortfall each optional compliance measure is intended to satisfy.
(A) If a POU applies adopted cost limitation measures, the POU shall also report:
1. The dollar amount corresponding to the POU's adopted cost limitation rules for the compliance period.
2. The procurement expenditures made by the POU for the compliance period in accordance with its cost limitation rules.
3. An explanation of how the POU evaluated its cost limitation rules.
4. An explanation of how the POU's adopted cost limitation rules prevent a disproportionate rate impact.
i. For a POU that is required to adopt an Integrated Resource Plan pursuant to Public Utilities Code section 9621, the POU's explanation shall address any differences relating to the cost and supply of eligible renewable energy resources and anticipated rate impacts used in its most recently adopted Integrated Resource Plan.
5. An estimate of the total cost for the POU to procure sufficient electricity products to meet its RPS procurement requirements and an explanation of the factors considered in this estimate.
6. Actions taken in response to the POU's projected or actual RPS expenditures meeting or exceeding the cost limitation and/or in response to the POU's evaluation of its cost limitation rules.
(B) If a POU applies adopted rules for delaying of timely compliance, the POU shall also report:
1. A description of the cause for delay and information showing that the cause for delay is allowed under section 3206 (a)(2).
2. The estimated amount of RPS-eligible generation, in MWh, that would have been procured by the POU but for the cause of delay, and an explanation of the factors considered in this estimate.
3. If the cause for delay was allowed under section 3206 (a)(2)(A)1., the POU shall provide information showing:
i. The POU owns transmission or has transmission rights.
ii. The reasonable measures that the POU undertook under its control and consistent with its obligations under local, state, and federal laws and regulations to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources, in light of the POU's expectation for cost recovery.
iii. The reasonable operational measures that the POU undertook to maximize cost-effective purchases of electricity from eligible renewable energy resources in advance of transmission availability.
4. If the cause for delay was allowed under section 3206 (a)(2)(A)2., the POU shall also provide information showing:
i. The POU prudently managed its portfolio risks, including a description of solicitations held and the anticipated MWh from viable projects that the POU relied upon to achieve RPS procurement requirements.
ii. The POU's attempts to develop either its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources.
iii. Whether the cause of delay or insufficient supply could have been foreseen by the POU.
iv. If the delay or insufficient supply was foreseeable, the POU's efforts to compensate for the delay or insufficient supply.
v. The reasonable measures the POU took to procure cost-effective distributed generation and allowable unbundled RECs.
5. If the cause for delay was allowed under section 3206 (a)(2)(A)3., the POU shall also provide information showing that the curtailment event was unanticipated, the expected amount of eligible renewable energy generation attributed to the unanticipated curtailment event, whether the unanticipated curtailment events resulted in an increase in greenhouse gas emissions, and factors the POU relied upon in making this determination.
6. If the cause for delay was allowed under section 3206 (a)(2)(A)4., the POU shall also provide information showing its forecasted amount of retail sales due to transportation electrification for the compliance period, the amount of actual retail sales attributed to transportation electrification for the compliance period, and how the POU considered the requirements of section 3206 (a)(2)(A)4.i-ii when determining that the unanticipated increase in retail sales prevented timely compliance.
(C) If a POU applies a portfolio balance requirement reduction measure, the POU shall also report:
1. The level to which the portfolio balance requirement for Portfolio Content Category 1 was reduced.
2. How the need to reduce the portfolio balance requirements for Portfolio Content Category 1 resulted because of conditions beyond the POU's control, as provided in section 3206 (a)(2).
(6) A POU may request a time extension of the compliance report due date following the process in the RPS Guidelines.
(e) Notwithstanding section 3207 (a) - (d), a POU that meets the criteria listed in Public Utilities Code section 399.30 (g) shall submit to the Commission documentation as specified in section 3204 (b)(2).
(f) In addition to the applicable reporting requirements in section 3207 (a) - (d), a POU that meets the criteria listed in Public Utilities Code section 399.30 (j) shall annually submit to the Commission, by the deadline for annual reports specified in section 3207 (c), documentation demonstrating that the POU provides electric services to a local government that is both a city and county of the state and that the POU receives greater than 67 percent of its electricity sources to meet its electricity demands on an annual basis from qualified hydroelectric facilities as defined in section 3204 (b)(3). The Commission may request additional documentation if necessary to determine whether the POU meets the criteria listed in Public Utilities Code section 399.30 (j). A POU that meets the criteria listed in Public Utilities Code section 399.30 (j) must additionally submit its total electricity demand and documentation of its annual qualifying hydroelectric generation, and provide evidence that any electricity demands unsatisfied by its qualifying hydroelectric generation in any given year are met with procurement from eligible renewable energy resources, including renewable energy credits.
(g) In addition to the applicable reporting requirements in section 3207 (a) - (d), a POU that meets the criteria listed in Public Utilities Code section 399.30 (h) shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c) for the final year of each compliance period, documentation demonstrating that the POU provides retail electric service to 15,000 or fewer customer accounts in California, and that it is interconnected to a balancing authority primarily located outside California but within WECC. The Commission may request additional documentation if necessary to determine whether the POU meets the criteria listed in Public Utilities Code section 399.30 (h).
(h) In addition to the applicable reporting requirements in section 3207 (a) - (d), a POU that meets the criteria of section 3204 (b)(6)(B) or (C) shall report as follows:
(1) A POU that meets the criteria specified in section 3204 (b)(6)(B) for the compliance period beginning January 1, 2014, shall submit by July 1, 2017, documentation demonstrating that the average annual qualifying hydroelectric generation as defined in section 3204 (b)(6)(A) in the twenty years preceding the compliance period, or the entire generating history of the qualifying hydroelectric generation facility, whichever is less, is greater than 50 percent of the POU's retail sales for the year preceding that compliance period. The POU must additionally submit documentation to identify the amounts of qualifying hydroelectric generation produced during the compliance period, qualifying hydroelectric generation procured by the POU during the compliance period, and any generation during the compliance period that would have qualified as qualifying hydroelectric generation as defined in section 3204 (b)(6)(A), except that it resulted from an increase in the amount of water stored by a dam, because the dam was enlarged or otherwise modified after December 31, 2012. The Commission may request additional documentation if necessary to determine whether the POU meets the criteria listed in section 3204 (b)(6)(B) and to determine the amounts of any generation that qualifies as qualifying hydroelectric generation, or that would have qualified as qualifying hydroelectric generation, except that it resulted from an increase in the amount of water stored by a dam, because the dam was enlarged or otherwise modified after December 31, 2012. Additionally, the Commission may request additional documentation if necessary to determine whether any amount reported as qualifying hydroelectric generation includes incremental generation as a result of efficiency improvements to a large hydroelectric generation facility eligible for the RPS in accordance with Public Utilities Code section 399.12.5 (b).
(2) A POU that meets the criteria specified in section 3204 (b)(6)(C) for a given reporting year between January 1, 2017, through December 31, 2018, shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c), or within 30 days of the effective date of these regulations, whichever is later, the following:
(A) The amount of generation that meets the definition of qualifying hydroelectric generation in section 3204 (b)(6)(A) for the reporting year.
(B) Any additional documentation requested by the Commission if necessary to determine whether the POU meets the criteria of section 3204 (b)(6)(C) and to determine the amounts of any generation that is or would have been qualifying hydroelectric generation, except that it resulted from an increase in the amount of water stored by a dam, because the dam was enlarged or otherwise modified after December 31, 2012.
(i) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU that meets the criteria specified in section 3204 (b)(7) for a given reporting year between January 1, 2016, through December 31, 2018, shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c), or within 30 days of the effective date of these regulations, whichever is later, the following:
(1) The amount of generation, in MWh, that the POU procured for the reporting year from large hydroelectric generation as defined in section 3204 (b)(7)(A).
(2) Information showing that the amount of large hydroelectric generation, as defined in section 3204 (b)(7)(A), procured for the reporting year is greater than 50 percent of the POU's retail sales for the reporting year.
(3) Any and all agreements for large hydroelectric generation meeting the criteria of section 3204 (b)(7)(A), including any renewals or extensions of the agreements.
(4) A narrative explaining how the generation reported in section 3207 (i)(1) satisfies the requirements of large hydroelectric generation provided in section 3204 (b)(7)(A).
(A) If the agreements effective January 1, 2015, or renewals or extensions of those agreements, include generation that does not meet the definition of large hydroelectric generation provided in section 3204 (b)(7)(A), the POU's narrative shall demonstrate that only generation meeting the definition of large hydroelectric generation in section 3204 (b)(7)(A) is reported in section 3207 (i)(1).
(5) Annual retail sales for the reporting year, for a POU that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 [commencing with section 20500] of the Water Code).
(6) Any additional documentation requested by the Commission necessary to determine whether the POU meets the criteria specified in section 3204 (b)(7) and to determine the amount of generation that qualifies as large hydroelectric generation as defined in section 3204 (b)(7)(A).
(j) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU that meets the criteria specified in section 3204 (b)(8) for any given reporting year between January 1, 2019, and December 31, 2030, shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c), or within 30 days of the effective date of these regulations, whichever is later, the following:
(1) The amount of generation, in MWh, that the POU procured for the reporting year from large hydroelectric generation as defined in section 3204 (b)(8)(A).
(2) Information showing that the amount of large hydroelectric generation, as defined in section 3204 (b)(8), procured for the reporting year is greater than 40 percent of the POU's retail sales for the reporting year.
(3) Any and all agreements for large hydroelectric generation meeting the criteria of section 3204 (b)(8)(A), including any amendments, extensions, or renewals of the agreements.
(4) A narrative explaining how the generation reported in section 3207 (j)(1) satisfies the requirements of large hydroelectric generation provided in section 3204 (b)(8)(A) and whether there have been any changes to the agreements, renewals, and extensions, including, but not limited to, changes in ownership, changes in contract quantity or allocation percentage, or planned incremental efficiency upgrades to the hydroelectric facilities.
(A) If the agreements, renewals, or extensions include generation that does not meet the definition of large hydroelectric generation in section 3204 (b)(8)(A), the narrative shall include documentation demonstrating that only generation meeting the definition of large hydroelectric generation in section 3204 (b)(8)(A) is reported in section 3207 (j)(1).
(5) Annual retail sales for the reporting year, for a POU that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 [commencing with section 20500] of the Water Code).
(6) Any additional documentation requested by the Commission necessary to determine whether the POU meets the criteria specified in section 3204 (b)(8) and to determine the amount of generation that qualifies as large hydroelectric generation as defined in section 3204 (b)(8)(A).
(k) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU that elects to exclude from its retail sales the eligible renewable energy resources credited to participating customers in the POU's voluntary green pricing or shared renewable generation program in accordance with section 3204 (b)(9), shall report the following information annually by the deadline for annual reports specified in section 3207 (c), or within 30 days of the effective date of these regulations, whichever is later:
(1) A description of the POU's voluntary green pricing or shared renewable generation program.
(2) The total number of kilowatt-hours, reported to the nearest MWh, of electricity products from eligible renewable energy resources procured for the reporting year that were credited to participating customers in accordance with the requirements of section 3204 (b)(9).
(3) Documentation, including WREGIS reports, demonstrating that the RECs associated with the qualifying electricity products provided under the POU's voluntary green pricing or shared renewable generation program were retired in a WREGIS subaccount designated for the benefit of the participating customers and were not further transferred, sold, or monetized.
(4) The total quantity of qualifying electricity products, in MWhs, procured by the POU and excluded from its annual retail sales.
(5) Documentation demonstrating that the RECs associated with the qualifying electricity products excluded from the POU's retail sales were procured from eligible renewable energy resources and meet the criteria in section 3203 (a), except as provided in section 3204 (b)(9)(B)2.i.
(6) A description of how the POU sought to procure, to the extent possible, the qualifying electricity products excluded from the POU's retail sales from eligible renewable energy resources located within a California balancing authority area, except as provided in section 3204 (b)(9)(B)4.i. This description shall include an explanation of the factors the POU considered and measures it took in seeking to procure within a California balancing authority area, and the POU's procurement decision outcomes.
(l) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU that meets the criteria of section 3204 (b)(10) shall submit to the Commission, by July 1, 2025, the following information:
(1) The total quantity, in MWh, of qualifying procurement of coal-fired generation procured by the POU during the compliance period beginning January 1, 2021.
(2) A copy of the POU's procurement contract or ownership agreement for the qualifying procurement of coal-fired generation.
(3) A copy of the POU's renewable energy resources procurement plan, if not previously provided to the Commission, demonstrating that the POU met the requirements of section 3204 (b)(10)(B).
(m) In addition to the applicable reporting requirements in section 3207 (a)-(d), starting with the compliance period beginning January 1, 2025, a POU that reduces its procurement target pursuant to section 3204 (b)(11) shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c) for the final year of each compliance period, the following information:
(1) The quantity, in MWh, of generation from a qualifying gas-fired power plant for each year of the compliance period.
(2) Documentation demonstrating that the qualifying gas-fired power plant meets the criteria of Public Utilities Code section 399.33 (a). This documentation may include, but is not limited to: findings adopted by the POU's governing board, adopted city council resolutions, proof of facility ownership, financial records, compliance filings, and/or wage schedules or other such documents for facility employees.
(3) The nameplate capacity of the facility and the POU's calculation of the facility's capacity factor for each year of the compliance period based on the facility's annual generation for that year.
(4) Documentation demonstrating the POU's efforts to sell the qualifying gas-fired power plant or gas-fired power plant generation to mitigate against the reduction of generation below a 20 percent capacity factor.
(5) Documentation demonstrating that additional procurement of eligible renewable energy resources or zero carbon generation resources resulted in the power plant operating at, or below, a 20 percent capacity factor on an average annual basis during the compliance period.
(6) Any additional documentation requested by the Commission necessary to determine whether the POU meets the criteria specified in Public Utilities Code section 399.33 (a) and satisfied the requirements of section 3204 (b)(11).
(7) The reporting requirements of this section 3207 (m) apply only to a POU that has availed itself of the provisions of section 3204 (b)(11) by notifying the Commission by April 1, 2019, of its intent to act pursuant to section 3204 (b)(11).
(n) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU that meets the criteria of Public Utilities Code section 399.18 shall submit to the Commission, by the deadline for annual reports specified in section 3207 (c) for the final year of each compliance period, or within 30 days of the effective date of these regulations, whichever is later, documentation demonstrating that the POU satisfied the criteria for that compliance period.
(o) In addition to the applicable reporting requirements in section 3207 (a)-(d), a POU may be required to submit any additional information needed to demonstrate compliance with an RPS procurement requirement or any other RPS-related requirement upon request from Commission.
(p) Incorrect, incomplete, or missing reports.
(1) If the Executive Director determines a report submitted by a POU pursuant to this section is incorrect or incomplete, or if the POU did not submit a report by the deadline, the Executive Director shall issue a written notice to the POU specifying what information is missing or needs to be corrected in the report or, in the case of an unsubmitted report, that the report is past due. If a POU submits the missing or correct information or a complete report to the Commission within ten (10) business days of receipt of such notice, or such later date as specified in the notice, the POU's initial failure to submit a complete and correct report by the reporting deadline shall not be processed as a separate violation under these regulations. Written notices issued pursuant to this subdivision may include e-mail or other written communications.
(2) A POU may request an extension of time to submit the missing or correct report information or the missing report specified in the written notice issued by the Executive Director. Such a request for an extension of time must be received by the Commission no later than the date the missing or correct information or missing report is due to the Commission as specified in the Executive Director's written notice. The Executive Director shall act on a request for an extension of time within five business days after it is received by the Commission and may grant an extension of time of up to 30 calendar days from the date the missing or correct report information or missing report is due under the written notice if the Executive Director finds that there is good cause for an extension. The POU's initial failure to submit a complete and correct report shall not be deemed a separate violation under these regulations if the Commission receives the complete or correct report information or missing report by the date specified in the extension. In determining whether good cause exists for purposes of this subdivision, the Executive Director may consider, without limitation, the following factors:
(A) Whether the POU was diligent in gathering the information necessary to submit a complete and correct report to the Commission and preparing the report for submission by the due date.
(B) Whether there were circumstances beyond the control of the POU that prevented the POU from gathering and producing a complete and correct report to the Commission by the due date.
(C) Whether the extension of time is likely to enable the POU to submit a complete and correct report by the extended due date.

Credits

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Sections 399.30 and 9508, Public Utilities Code. Reference: Section 25747, Public Resources Code; and Sections 399.13, 399.15, 399.16, 399.18, 399.30, 399.33, 9507 and 9508, Public Utilities Code.
History
1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment of subsections (c) and (c)(2)(F), repealer and new subsection (c)(2)(I), new subsections (g)-(h) and subsection relettering filed 4-12-2016; operative 4-12-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
3. Amendment of section and Note filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).
4. Change without regulatory effect amending subsections (c)(5)(A)4.-5., (c)(5)(C)2. and (p)(1)-(2) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).
This database is current through 2/9/24 Register 2024, No. 6.
Cal. Admin. Code tit. 20, § 3207, 20 CA ADC § 3207
End of Document