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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 § 75.67. Alternative energy cost-recovery.

§ 75.67. Alternative energy cost-recovery.

 (a)  A default service provider may recover from default service customers the following reasonable and prudently incurred costs for compliance with the act:

   (1)  The costs of electricity generated by an alternative energy system, purchased by a default service provider, and delivered to default service customers for purposes of compliance with §  75.61 (relating to EDC and EGS obligations).

   (2)  The costs of alternative energy credits purchased and used within the same reporting period for purposes of compliance with §  75.61.

   (3)  The costs of alternative energy credits purchased in one reporting period and banked for use in later reporting periods, consistent with §  75.69 (relating to banking of alternative energy credits).

   (4)  The costs of alternative energy credits purchased in the true-up period to satisfy compliance obligations for the most recently concluded reporting period, consistent with §  75.61(e)

   (5)  Payments to the alternative energy credits program administrator for its costs of administering an alternative energy credits program, consistent with §  75.64 (relating to alternative energy credit program administrator).

   (6)  Payments to a third party for its costs in operating an alternative energy credits registry, consistent with §  75.70 (relating to the alternative energy credit registry).

   (7)  The costs levied by a regional transmission organization to ensure that alternative energy sources are reliable.

   (8)  The costs of alternative compliance payments made under §  75.66 (relating to force majeure).

 (b)  A default service provider shall demonstrate compliance with the requirements of §  75.61 and the default service provisions of Chapter 54 (relating to electricity generation customer choice) by identifying a competitive procurement process for acquiring alternative energy credits in default service implementation plans filed with the Commission.

 (c)  A competitive procurement process for alternative energy and alternative energy credits shall comply with the standards for competitive procurement processes identified in the default service provisions in Chapter 54.

 (d)  The costs of compliance with the alternative energy portfolio standards act shall be recovered through an automatic adjustment clause within the meaning of 66 Pa.C.S. §  1307 (relating to sliding scale of rates; adjustments) and consistent with §  54.187 (relating to default service rate design and the recovery of reasonable costs) according to the following standards:

   (1)  Costs incurred by a default service provider during the cost-recovery period shall be deferred as a regulatory asset and fully recovered with a return on the unamortized balance during the first full 12-month reporting period after the expiration of the cost-recovery period in the EDC service territory where it is acting as the default service provider.

   (2)  Costs incurred by a default service provider after the expiration of a cost-recovery period shall be recovered during the reporting period in which they are incurred, except as provided for in paragraph (7).

   (3)  The default service implementation plan shall include a schedule of rates for the recovery of these costs as required under 66 Pa.C.S. §  1307(a).

   (4)  A default service provider shall file a report with the Commission within 30 days of the conclusion of each reporting period that includes the information identified in 66 Pa.C.S. §  1307(e)(1).

   (5)  The Commission will hold public hearings on the substance of these reports, and other matters pertaining to this subject, as required by 66 Pa.C.S. §  1307(e)(2).

   (6)  The Commission will order the default service provider to provide refunds to or recover additional costs from default service customers consistent with 66 Pa.C.S. §  1307(e)(3).

   (7)  The costs of alternative energy credits purchased by the default service provider during the true-up period under section 3(e)(5) of the act (73 P.S. §  1648.3(e)(5)) shall be recovered during the reporting period in which these costs are incurred.

 (e)  The Commission will perform fuel costs audits, on at least an annual basis, of each default service provider that recovers costs using the automatic adjustment clause provided for under this section.

Cross References

   This section cited in 52 Pa. Code §  75.66 (relating to force majeure).

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