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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

52 Pa. Code § 75.62. Alternative energy system qualification.

§ 75.62. Alternative energy system qualification.

 (a)  An application for alternative energy system status shall be submitted on a form developed and made available by the Commission. A copy of the application form will be made available on the Commission’s public Internet domain. An application shall be verified by oath or affirmation as required under §  1.36 (relating to verification).

 (b)  A completed application and supporting attachments shall be filed with the alternative energy credit program administrator, the Department of Environmental Protection and any other parties that may be designated by the Commission.

 (c)  A facility, to be qualified for alternative energy system status, shall demonstrate that it is physically located in either:

   (1)  This Commonwealth.

   (2)  The control area of an RTO that manages a portion of the electric transmission system in this Commonwealth.

 (d)  Alternative energy credits derived from alternative energy sources located outside the geographical boundaries of this Commonwealth but within the control area of an RTO that manages the transmission system in any part of this Commonwealth shall only be eligible to meet the compliance requirements of EDCs or EGSs located within the service territory of the same RTO. For purposes of compliance with the act, alternative energy sources located in the control area of the PJM Interconnection, LLC RTO or its successor shall be eligible to fulfill compliance obligations of all Pennsylvania EDCs and EGSs.

 (e)  A facility, to be qualified for alternative energy system status, shall demonstrate that it generates electricity from or conserves electricity through a Tier I or Tier II alternative energy source.

 (f)  A facility may not be qualified unless the Department has verified compliance with applicable environmental regulations, and the standards set forth in section 2 of the act (73 P.S. §  1648.2).

 (g)  A facility’s alternative energy system status may be suspended or revoked for noncompliance with this chapter, including the following circumstances:

   (1)  Providing false information to the Commission, credit registry or program administrator.

   (2)  Department notification to the Commission of violations of standards in section 2 of the act.


   The provisions of this §  75.62 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)).


   The provisions of this §  75.62 amended November 18, 2016, effective November 19, 2016, 46 Pa.B. 7277, 7448. Immediately preceding text appears at serial pages (340993) to (340994).

Cross References

   This section cited in 52 Pa. Code §  75.64 (relating to alternative energy credit program administrator).

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