TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 362-F
ELECTRIC RENEWABLE PORTFOLIO STANDARD

Section 362-F:11

    362-F:11 Application. –
I. The department of energy, in a non-adjudicative process, shall certify the classification of an existing or proposed generation facility by issuing a determination within 45 days of receiving from an applicant sufficient information to determine its classification. The application shall contain the following:
(a) Name and address of applicant.
(b) Facility location, ISO-New England asset identification number, and NEPOOL GIS facility code, if available.
(c) Description of the facility, including fuel type, gross generation capacity, initial commercial operation date, and, in the case of a biomass source, NOx and particulate matter emission rates and a description of pollution control equipment or practices proposed for compliance with applicable NOx and particulate matter emission rates.
(d) Such other information as the applicant may provide to assist in determining the classification of the generating facility.
II. The department of energy shall certify applications of customer-sited sources in a manner that is compatible with the procedures established for recognizing such production under RSA 362-F:6, II.
III. Biomass facilities otherwise meeting the requirements of a source shall be conditionally certified by the department of energy subject to compliance with the applicable NOx and particulate matter emission standards. Within 10 days of verification of compliance with emissions standards from the department, as provided in RSA 362-F:12, III, the department of energy, in a non-adjudicative process, shall designate the facility as eligible pursuant to RSA 362-F:6, III.
IV. A biomass facility otherwise meeting the eligibility requirements of class III, but which as of January 1, 2012 was not an eligible biomass technology due to the inability to achieve the particulate matter emissions rate specified in RSA 362-F:2, VIII(a), may consult with the department and submit a plan to meet the alternative requirement under that paragraph. The plan shall contain reductions, in the aggregate or individually, in emissions from other emission sources and demonstrate that the reductions will be quantifiable. The department shall expeditiously review the plan and, if approved, provide such information it deems relevant to the department of energy. The application submitted under this section shall inform the department of energy of the plan and the department of energy shall certify the source in accordance with the plan approved by the department.

Source. 2007, 26:2, eff. July 10, 2007. 2012, 272:15, eff. June 19, 2012. 2021, 91:241, eff. July 1, 2021.