§ 145.51. Establishment of accounts.
(a) Compliance accounts and overdraft accounts. Upon receipt of a complete account certificate of representation under § 145.13 (relating to account certificate of representation), the NOx Budget Administrator will establish the following:
(1) A compliance account for each NOx budget unit for which the account certificate of representation was submitted.
(2) An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NOx budget units.
(b) General accounts.
(1) Elements for account.
(i) A person may apply to open a general account for the purpose of holding and transferring allowances. A complete application for a general account shall be submitted to the NOx Budget Administrator and shall include the following elements in a format prescribed by the NOx Budget Administrator:
(A) The name, mailing address, e-mail address (if any), telephone number and facsimile transmission number (if any) of the NOx authorized account representative and any alternate NOx authorized account representative.
(B) The organization name and type of organization.
(C) A list of all persons subject to a binding agreement for the NOx authorized account representative or any alternate NOx authorized account representative to represent their ownership interest with respect to the allowances held in the general account.
(D) The following certification statement by the NOx authorized account representative and any alternate NOx authorized account representative:
‘‘I certify that I was selected as the NOx authorized account representative or the NOx alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOx Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Department, Administrator or a court regarding the general account.’’
(E) The signature of the NOx authorized account representative and any alternate NOx authorized account representative and the dates signed.
(ii) Unless otherwise required by the NOx Budget Administrator, documents of agreement referred to in the account certificate of representation may not be submitted to the NOx Budget Administrator. The Department or NOx Budget Administrator are not under any obligation to review or evaluate the sufficiency of the documents, if submitted.
(2) Receipt of complete application. Upon receipt by the NOx Budget Administrator of a complete application for a general account under paragraph (1):
(i) The NOx Budget Administrator will establish a general account for the person for whom the application is submitted.
(ii) The NOx authorized account representative and any alternate NOx authorized account representative for the general account shall represent and, by his representations, actions, inactions or submissions, legally bind each person who has an ownership interest with respect to NOx allowances held in the general account in all matters pertaining to the NOx Budget Trading Program, not-withstanding an agreement between the NOx authorized account representative or an alternate NOx authorized account representative and the person. This person shall be bound by any order or decision issued to the NOx authorized account representative or an alternate NOx authorized account representative by the Department, the Administrator or a court regarding the general account.
(iii) Each submission concerning the general account shall be submitted, signed and certified by the NOx authorized account representative or an alternate NOx authorized account representative for the persons having an ownership interest with respect to NOx allowances held in the general account. Each submission shall include the following certification statement by the NOx authorized account representative or an alternate NOx authorized account representative:
‘‘I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the NOx 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 for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.’’
(iv) The NOx Budget Administrator 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 (iii).
(3) Representative designation.
(i) An application for a general account may designate only one NOx authorized account representative and one alternate NOx authorized account representative who may act on behalf of the NOx authorized account representative. The agreement by which the alternate NOx authorized account representative is selected shall include a procedure for authorizing the alternate NOx authorized account representative to act in lieu of the NOx authorized account representative.
(ii) Upon receipt by the NOx Budget Administrator of a complete application for a general account under paragraph (1), any representation, action, inaction or submission by an alternate NOx authorized account representative shall be deemed to be a representation, action, inaction or submission by the NOx authorized account representative.
(4) Revising the account representative.
(i) The NOx authorized account representative for a general account may be changed at any time upon receipt by the NOx Budget Administrator of a superseding complete application for a general account under paragraph (1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous NOx authorized account representative prior to the time and date when the NOx Budget Administrator receives the superseding application for a general account shall be binding on the new NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
(ii) The alternate NOx authorized account representative for a general account may be changed at any time upon receipt by the NOx Budget Administrator of a superseding complete application for a general account under paragraph (1). Notwithstanding a change, the representations, actions, inactions and submissions by the previous alternate NOx authorized account representative prior to the time and date when the NOx Budget Administrator receives the superseding application for a general account shall be binding on the new alternate NOx authorized account representative and the persons with an ownership interest with respect to the allowances in the general account.
(iii) A revision of ownership listing shall include the following:
(A) If a new person having an ownership interest with respect to NOx allowances in the general account is not included in the list of persons in the account certificate of representation, the new person shall be subject to and bound by the account certificate of representation, the representation, actions, inactions and submissions of the NOx authorized account representative and any alternate NOx authorized account representative of the source or unit, and the decisions, orders, actions and inactions of the NOx Budget Administrator, 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 NOx allowances in the general account, including the addition of persons, the NOx authorized account representative or an alternate NOx authorized 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 NOx allowances in the general account to include the change.
(5) Reliance on application.
(i) Once a complete application for a general account under paragraph (1) has been submitted and received, the NOx Budget Administrator will rely on the application until a superseding complete application for a general account under paragraph (1) is received by the NOx Budget Administrator.
(ii) Except as provided in paragraph (4), no objection or other communication submitted to the NOx Budget Administrator concerning the authorization, or any representation, action, inaction or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account will affect any representation, action, inaction or submission of the NOx authorized account representative or an alternate NOx authorized account representative or the finality of a decision or order by the Department or NOx Budget Administrator under the NOx Budget Trading Program.
(iii) The Department or NOx Budget Administrator will not adjudicate a private legal dispute concerning the authorization or representation, action, inaction or submission of the NOx authorized account representative or any alternate NOx authorized account representative for a general account, including private legal disputes concerning the proceeds of NOx allowance transfers.
(c) Account identification. The NOx Budget Administrator will assign a unique identifying number to each account established under subsection (a) or (b).
Cross References This section cited in 25 Pa. Code § 145.4 (relating to applicability); 25 Pa. Code § 145.5 (relating to retired unit exemption); 25 Pa. Code § 145.11 (relating to alternate NOx authorized account representative); 25 Pa. Code § 145.50 (relating to NOx Allowance Tracking System accounts); and 25 Pa. Code § 145.81 (relating to opt-in source general provisions).
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