§ 145.352. Establishment of accounts.

 (a)  Compliance accounts. Upon receipt of a complete account certificate of representation under §  145.314 (relating to account certificate of representation), the Department or its agent will establish a compliance account for each CO₂ budget source for which the account certificate of representation was submitted.

 (b)  General accounts.

   (1)  Complete application. Any person may apply to open a general account for the purpose of holding and transferring CO₂ allowances by submitting a complete application for a general account to the Department or its agent that includes the following:

     (i)   The name, mailing address, e-mail address and telephone number of the CO₂ authorized account representative and any CO₂ authorized alternate account representative.

     (ii)   The organization name and type of organization.

     (iii)   A list of all persons subject to a binding agreement for the CO₂ authorized account representative or any CO₂ authorized alternate account representative to represent their ownership interest with respect to the CO₂ allowances held in the general account.

     (iv)   The following certification statement by the CO₂ authorized account representative and any CO₂ authorized alternate account representative:

     ‘‘I certify that I was selected as the CO₂ authorized account representative or the CO₂ authorized alternate account representative by an agreement that is binding on all persons who have an ownership interest with respect to CO₂ allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO₂ Budget Trading Program on behalf of all persons and that each person shall be fully bound by my representations, actions, inactions or submissions and by any order or decision issued to me by the Department or its agent or a court regarding the general account.’’

     (v)   The signature of the CO₂ authorized account representative and any CO₂ authorized alternate account representative and the dates signed.

     (vi)   Unless otherwise required by the Department or its agent, documents of agreement referred to in the application for a general account should not be submitted to the Department or its agent. The Department and its agent are not under any obligation to review or evaluate the sufficiency of any documents of agreement, if submitted.

   (2)  Authorization of CO₂ authorized account representative.

     (i)   Upon receipt by the Department or its agent of a complete application for a general account under paragraph (1), the Department or its agent will establish a general account for the person for whom the application is submitted.

     (ii)   The CO₂ authorized account representative and any CO₂ authorized alternate account representative for the general account shall represent and, by their representations, actions, inactions or submissions, legally bind each person who has an ownership interest with respect to CO₂ allowances held in the general account in all matters pertaining to the CO₂ Budget Trading Program, notwithstanding an agreement between the CO₂ authorized account representative or any CO₂ authorized alternate account representative and the person. This person shall be bound by any order or decision issued to the CO₂ authorized account representative or any CO₂ authorized alternate account representative by the Department or its agent or a court regarding the general account.

     (iii)   Any representation, action, inaction or submission by any CO₂ authorized alternate account representative shall be deemed to be a representation, action, inaction or submission by the CO₂ authorized account representative.

     (iv)   Each submission concerning the general account shall be submitted, signed and certified by the CO₂ authorized account representative or any CO₂ authorized alternate account representative for the persons having an ownership interest with respect to CO₂ allowances held in the general account. Each submission shall include the following certification statement by the CO₂ authorized account representative or any CO₂ authorized alternate account representative:

     ‘‘I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO₂ allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties under 18 Pa.C.S. §  4904 for submitting false statements and information or omitting required statements and information.’’

     (v)   The Department or its agent will accept or act on a submission concerning the general account only if the submission has been made, signed and certified in accordance with subparagraph (iv).

   (3)  Changing CO₂ authorized account representative and CO₂ authorized alternate account representative; changes in persons with ownership interest.

     (i)   The CO₂ authorized account representative or the CO₂ authorized alternate account representative for a general account may be changed at any time upon receipt by the Department or its agent of a superseding complete application for a general account under paragraph (1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous CO₂ authorized account representative, or the previous CO₂ authorized alternate account representative, prior to the time and date when the Department or its agent receives the superseding application for a general account shall be binding on the new CO₂ authorized account representative or the new CO₂ authorized alternate account representative and the persons with an ownership interest with respect to the CO₂ allowances in the general account.

     (ii)   A revision of ownership listing shall include the following:

       (A)   If a new person having an ownership interest with respect to CO₂ allowances in the general account is not included in the list of persons in the application for a general account, the new person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions and submissions of the CO₂ authorized account representative and any CO₂ authorized alternate account representative, and the decisions, orders, actions and inactions of the Department or its agent, as if the new person were included in the list.

       (B)   Within 30 days following any change in the persons having an ownership interest with respect to CO₂ allowances in the general account, including the addition or deletion of persons, the CO₂ authorized account representative or any CO₂ authorized alternate account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CO₂ allowances in the general account to include the change.

   (4)  Objections concerning CO₂ authorized account representative.

     (i)   Once a complete application for a general account under paragraph (1) has been submitted and received, the Department or its agent will rely on the application until a superseding complete application for a general account under paragraph (3)(i) is received by the Department or its agent.

     (ii)   Except as provided in paragraph (3)(i) and (ii), no objection or other communication submitted to the Department or its agent concerning the authorization, or any representation, action, inaction or submission of the CO₂ authorized account representative or any CO₂ authorized alternate account representative for a general account will affect any representation, action, inaction or submission of the CO₂ authorized account representative or any CO₂ authorized alternate account representative or the finality of any decision or order by the Department or its agent under the CO₂ Budget Trading Program.

     (iii)   The Department or its agent will not adjudicate a private legal dispute concerning the authorization or any representation, action, inaction or submission of the CO₂ authorized account representative or any CO₂ authorized alternate account representative for a general account, including private legal disputes concerning the proceeds of CO₂ allowance transfers.

   (5)  Delegation by CO₂ authorized account representative and CO₂ authorized alternate account representative.

     (i)   A CO₂ authorized account representative or a CO₂ authorized alternate account representative may delegate, to one or more persons, their authority to make an electronic submission to the Department or its agent under §  145.361 (relating to submission of CO₂ allowance transfers).

     (ii)   To delegate authority to make an electronic submission to the Department or its agent in accordance with subparagraph (i), the CO₂ authorized account representative or CO₂ authorized alternate account representative must submit to the Department or its agent a notice of delegation, in a format prescribed by the Department that includes the following:

       (A)   The name, address, e-mail address and telephone number of the CO₂ authorized account representative or CO₂ authorized alternate account representative.

       (B)   The name, address, e-mail address and telephone number of each electronic submission agent.

       (C)   For each electronic submission agent, a list of the type of electronic submissions under subparagraph (i) for which authority is delegated.

       (D)   The following certification statements by the delegating CO₂ authorized account representative or CO₂ authorized alternate account representative:

         (I)   ‘‘I agree that any electronic submission to the Department or its agent that is by an electronic submission agent identified in this notice of delegation and of a type listed for the electronic submission agent in this notice of delegation and that is made when I am a CO₂ authorized account representative or CO₂ authorized alternate account representative before this notice of delegation is superseded by another notice of delegation under 25 Pa. Code §  145.352(b)(5)(ii) shall be deemed to be an electronic submission by me.’’

         (II)   ‘‘Until this notice of delegation is superseded by another notice of delegation under 25 Pa. Code §  145.352(b)(5)(ii), I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless all delegation authority by me under subsection (b)(5)(ii) is terminated.’’

     (iii)   A notice of delegation submitted under subparagraph (ii) shall be effective, with regard to the delegating CO₂ authorized account representative or CO₂ authorized alternate account representative identified in the notice, upon receipt of the notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by the CO₂ authorized account representative or CO₂ authorized alternate account representative. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

     (iv)   Any electronic submission covered by the certification in clause (D) and made in accordance with a notice of delegation effective under subparagraph (ii) shall be deemed to be an electronic submission by the CO₂ authorized account representative or CO₂ authorized alternate account representative submitting the notice of delegation.

 (c)  Account identification. The Department or its agent will assign a unique identifying number to each account established under subsections (a) or (b).

Cross References

   This section cited in 25 Pa. Code §  145.302 (relating to definitions); 25 Pa. Code §  145.306 (relating to standard requirements); 25 Pa. Code §  145.312 (relating to CO₂ authorized alternate account representative); 25 Pa. Code §  145.351 (relating to CO₂ Allowance Tracking System (COATS) accounts); 25 Pa. Code §  145.355 (relating to compliance); and 25 Pa. Code §  145.394 (relating to application process).

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