§ 75.61. EDC and EGS obligations.
(a) EDCs and EGSs shall comply with the act through the acquisition of certified alternative energy credits, each of which shall represent one MWh of qualified alternative electric generation or conservation, whether self-generated, purchased along with the electric commodity or separately through a tradable instrument.
(b) For each reporting period, EDCs and EGSs shall acquire alternative energy credits in quantities equal to a percentage of their total retail sales of electricity to all retail electric customers for that reporting period, as measured in MWh. The credit obligation for a reporting period shall be rounded to the nearest whole number. The required quantities of alternative energy credits for each reporting period are identified in the following schedule, subject to the quarterly adjustment of the nonsolar Tier I obligation under § 75.71 (relating to quarterly adjustment of nonsolar Tier I obligation):
(1) For June 1, 2006, through May 31, 2007: The Tier I requirement is 1.5% of all retail sales, of which at least 0.0013% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 4.2% of all retail sales.
(2) For June 1, 2007, through May 31, 2008: The Tier I requirement is 1.5% of all retail sales, of which at least 0.0030% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 4.2% of all retail sales.
(3) For June 1, 2008, through May 31, 2009: The Tier I requirement is 2% of all retail sales, of which at least 0.0063% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 4.2% of all retail sales.
(4) For June 1, 2009, through May 31, 2010: The Tier I requirement is 2.5% of all retail sales, of which at least 0.0120% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 4.2% of all retail sales.
(5) For June 1, 2010, through May 31, 2011: The Tier I requirement is 3% of all retail sales, of which at least 0.0203% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 6.2% of all retail sales.
(6) For June 1, 2011, through May 31, 2012: The Tier I requirement is 3.5% of all retail sales, of which at least 0.0325% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 6.2% of all retail sales.
(7) For June 1, 2012, through May 31, 2013: The Tier I requirement is 4% of all retail sales, of which at least 0.0510% of all retail sales are to come from solar photovoltaic sources and the rest from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 6.2% of all retail sales.
(8) For June 1, 2013, through May 31, 2014: The Tier I requirement is 4.5% of all retail sales, of which at least 0.0840% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 6.2% of all retail sales.
(9) For June 1, 2014, through May 31, 2015: The Tier I requirement is 5% of all retail sales, of which at least 0.1440% of all retail sales are to come from solar photovoltaic sources and the rest from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 6.2% of all retail sales.
(10) For June 1, 2015, through May 31, 2016: The Tier I requirement is 5.5% of all retail sales, of which at least 0.25% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 8.2% of all retail sales.
(11) For June 1, 2016, through May 31, 2017: The Tier I requirement is 6% of all retail sales, of which at least 0.2933% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 8.2% of all retail sales.
(12) For June 1, 2017, through May 31, 2018: The Tier I requirement is 6.5% of all retail sales, of which at least 0.3400% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 8.2% of all retail sales.
(13) For June 1, 2018, through May 31, 2019: The Tier I requirement is 7% of all retail sales, of which at least 0.3900% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 8.2% of all retail sales.
(14) For June 1, 2019, through May 31, 2020: The Tier I requirement is 7.5% of all retail sales, of which at least 0.4433% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 8.2% of all retail sales.
(15) For June 1, 2020, through May 31, 2021, and each successive 12 month period thereafter: The Tier I requirement is 8% of all retail sales, of which at least 0.5% of all retail sales are to come from solar photovoltaic sources and the remaining from nonsolar photovoltaic Tier I sources, and the Tier II requirement is 10% of all retail sales.
(c) EDCs are exempt from these requirements for the duration of their cost-recovery period. An EDC shall be required to comply with the requirements in effect during the reporting period, as identified in subsection (b), in which its exemption expires.
(d) EGSs are exempt from these requirements in the service territories of EDCs in their cost-recovery period. EGS compliance shall be measured against their total MWh sales to all retail electric customers in all EDC service territories that have exited their cost-recovery periods.
(e) A 90-day true-up period shall commence at the end of each reporting period. EDCs and EGSs not in compliance with this chapter at the end of a reporting period, as determined by the program administrator under § 75.64(c)(2) (relating to alternative energy credit program administrator), may acquire additional alternative energy credits during the true-up period to satisfy the requirements of this chapter.
Authority The provisons of this § 75.61 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 § 75.61 amended November 18, 2016, effective November 19, 2016, 46 Pa.B. 7277, 7448. Immediately preceding text appears at serial pages (340991) to (340993).
Cross References This section cited in 52 Pa. Code § 75.63 (relating to alternative energy credit certification); 52 Pa. Code § 75.64 (relating to alternative energy credit program administrator); 52 Pa. Code § 75.65 (relating to alternative compliance payments); 52 Pa. Code § 75.66 (relating to force majeure); 52 Pa. Code § 75.67 (relating to alternative energy cost-recovery); 52 Pa. Code § 75.68 (relating to alternative energy market integrity); and 52 Pa. Code § 75.71 (relating to quarterly adjustment of nonsolar Tier I obligation).
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