§ 75.64. Alternative energy credit program administrator.
(a) The Commission may select an independent entity to act as a program administrator and perform administrative functions necessary to the implementation of this chapter. If an independent entity is not selected to act as a program administrator, the Commission will perform the functions identified in this section.
(b) The program administrator will have the following powers and duties in regard to alternative energy system qualification:
(1) Distribute, receive and review applications for alternative energy system qualification.
(2) Reject applications that are incomplete or do not adhere to the application instructions.
(3) Determine whether an application satisfies the geographic eligibility standard in § 75.62(c) (relating to alternative energy system qualification) and reject applications that fail this standard.
(4) Qualify applicants for alternative energy system status who have filed a complete application, adhered to application instructions, satisfied the geographic eligibility standard, complied with environmental regulations and utilized an alternative energy fuel source or technology.
(5) The program administrator will provide written notice to applicants of its qualification decision within 30 days of receipt of a complete application form.
(6) The program administrator may suspend or revoke the qualification of an alternative energy system and withhold or retire past, current or future alternative energy credits attributed to an alternative energy system for noncompliance with this chapter, including the following circumstances:
(i) It no longer satisfies the alternative energy system qualification standards in § 75.62.
(ii) The owner or aggregator of the alternative energy system provides false or incorrect information in an application.
(iii) The owner or aggregator of the alternative energy system fails to notify the program administrator of changes to the alternative energy system that effect the alternative energy system’s generation output.
(iv) The owner or aggregator of the alternative energy system fails to notify the program administrator of a change in ownership or aggregator of the alternative energy system.
(v) The owner or aggregator provides false or inaccurate information to the credit registry.
(vi) The owner or aggregator fails to respond to data and information requests from the Commission, Department or program administrator.
(c) The program administrator shall have the following powers and duties regarding the verification of compliance with this chapter:
(1) At the end of each reporting period, the program administrator shall verify the EDC and EGS reported load, and provide written notice to each EDC and EGS of its compliance obligations within 45 days of the end of the reporting period.
(2) At the end of each true-up period, the administrator shall verify compliance with § 75.61 (relating to EDC and EGS obligations) for all EDCs and EGSs. The administrator will provide written notice to each EDC and EGS of a final assessment of its compliance status within 45 days of the end of the true-up period.
(3) EDCs and EGSs shall provide all information to the program administrator necessary to verify compliance with § 75.61 including the prices paid for the alternative energy credits used for compliance. The pricing information must include a per credit price for any credits used for compliance that were not self-generated or bundled with energy.
(4) The program administrator shall provide a report to the Commission’s Bureau of Technical Utility Services within 45 days of the end of the true-up period that identifies the compliance status of all EDCs and EGSs. The report provided after the end of the true-up period shall propose alternative compliance payment amounts for each EDC and EGS that is noncompliant with § 75.61 for that reporting period. As part of this report, the administrator shall identify the average market value of alternative energy credits derived from solar photovoltaic energy sold in the reporting period for each RTO that manages a portion of this Commonwealth’s transmission system.
(d) The program administrator shall have the following powers and duties relating to alternative energy credit certification:
(1) The program administrator may not certify an alternative energy credit already purchased by individuals, businesses or government bodies that do not have a compliance obligation under the act unless the individual, business or government body sells those credits to the EDC or EGS.
(2) The program administrator may not certify an alternative energy credit for a MWh of electricity generation or electricity conservation that has already been used to satisfy another state’s renewable energy portfolio standard, alternative energy portfolio standard or other comparable standard.
(3) The program administrator may not certify an alternative energy credit that does not meet the requirements of § 75.63 (relating to alternative energy credit certification).
(e) A decision of the program administrator may be appealed consistent with § 5.44 (relating to petitions for reconsideration from actions of the staff).
(f) The Commission may delegate other responsibilities to the program administrator as may be necessary for the implementation of the act.
Authority The provisions of this § 75.64 amended under 66 Pa.C.S. § § 501, 1501 and 2807(e); and sections 1648.7(a) and 1648.3(e)(2) of the Alternative Energy Portfolio Standards Act of 2004 (73 P.S. § § 1648.7(a) and 1648.3(e)(2)).
Source The provisions of this § 75.64 amended November 18, 2016, effective November 19, 2016, 46 Pa.B. 7277, 7448. Immediately preceding text appears at serial pages (340995) to (340996).
Cross References This section cited in 52 Pa. Code § 75.61 (relating to EDC and EGS obligations); 52 Pa. Code § 75.63 (relating to alternative energy credit certification); 52 Pa. Code § 75.65 (relating to alternative compliance payments); 52 Pa. Code § 75.67 (relating to alternative energy cost-recovery); and 52 Pa. Code § 75.71 (relating to quarterly adjustment of nonsolar Tier I obligation).
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