CHAPTER Puc 2500 ELECTRIC RENEWABLE PORTFOLIO STANDARD
Statutory Authority:
RSA 362-F:13
PART Puc 2501
PURPOSE AND APPLICABILITY
Puc
2501.01 Purpose. The purpose of Puc 2500, pursuant to the
mandate of RSA 362-F:13, is to provide for the administration of New
Hampshire’s renewable portfolio standards
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2501.02 Applicability. Puc 2500 shall apply to:
(a) Providers of electricity in New Hampshire;
(b) Persons trading renewable energy certificates
issued in compliance with RSA 362-F:6 and RSA 362-F:7;
(c) Persons who qualify for incentive payments,
rebates or grants from the renewable energy fund established by RSA 362-F:10;
and
(d) Renewable energy sources and eligible
customer-sited sources.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
PART Puc 2502
DEFINITIONS
Puc
2502.01 “Alternative compliance payment”
means a payment that a provider of electricity must remit to the commission for
each renewable energy certificate in lieu of retiring certificates to meet the
portfolio standards of Puc 2503 for a given year as required by RSA 362-F:10,
II.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.02); ss by #12473, eff 2-1-18
Puc
2502.02 “Began operation” means, except
where more specifically described in RSA 362-F:4, I(j) and (l)(5):
(a) For a new renewable energy source that has
never previously operated as an electric generation facility, the date that it
was first placed in service as a capital asset for the purpose of beginning
depreciation under the regulations of the Internal Revenue Code of 1986, as
amended; and
(b) For an electric generation facility that has
repowered as a renewable energy source, the date that the facility or a capital
addition thereto, for the purpose of repowering to renewable energy, is first
placed in service as a repowered facility and as a capital asset for the
purpose of beginning depreciation under the Internal Revenue Code of 1986, as
amended.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.03); ss by #12473, eff 2-1-18
Puc
2502.03 “Biodiesel” means “biodiesel” as
defined in RSA 362-A:1-a, I-b, namely “a renewable diesel fuel substitute that
is composed of mono-alkyl esters of long chain fatty acids, is derived from
vegetable oils or animal fats, and meets the requirements of the American
Society for Testing and Materials (ASTM) specification D6751.”
Source. #12473, eff
2-1-18
Puc
2502.04 “Biomass fuels” means “biomass
fuels” as defined in RSA 362-F:2, II, namely “plant-derived fuel including
clean and untreated wood such as brush, stumps, lumber ends and trimmings, wood
pallets, bark, wood chips or pellets, shavings, sawdust and slash, agricultural
crops, biogas, or liquid biofuels, but shall exclude any materials derived in
whole or in part from construction and demolition debris.”
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.04); ss by #12473, eff 2-1-18 (formerly Puc 2502.03)
Puc
2502.05 “Capital investment” means
investment in new plant and equipment directly related to restoring generation
or increasing generating capacity including department permitting requirements
for new plants.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.05); ss by #12473, eff 2-1-18 (formerly Puc 2502.04)
Puc
2502.06 “Certificate” means
“certificate” as defined in RSA 362-F:2, III, namely “the record that
identifies and represents each megawatt-hour (MWh) generated by an eligible
renewable energy generating source under RSA 362-F:6.” The term “certificate” also includes the
terms “renewable energy certificate” and “REC.”
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.06); ss by #12473, eff 2-1-18 (formerly Puc 2502.05)
Puc
2502.07 “Class I source” means:
(a) Pursuant to RSA 362-F:4, I(a), (c), (d), (e)
and (f) a generation facility that began operation after January 1, 2006, and
that produces electricity from any of the following:
(1) Wind
energy;
(2) Hydrogen
derived from biomass fuel or methane gas;
(3) Ocean
thermal, wave, current, or tidal energy;
(4) Methane
gas; or
(5) Biomass;
(b) A facility that produces useful thermal energy
from geothermal energy, solar thermal energy, or thermal biomass renewable
energy if the unit began operation after January 1, 2013, pursuant to RSA
362-F:4, I(b), (g) and (l);
(c) A Class II source to the extent it is not
otherwise used to satisfy the minimum portfolio standards of other classes
pursuant to RSA 362-F:4, I(h);
(d) The incremental new production of electricity
in any year from an eligible biomass or methane source, or any hydroelectric
generating facility licensed or exempted from licensure by the Federal Energy
Regulatory Commission (FERC), regardless of gross nameplate capacity, over the
facility’s historical generation baseline, provided:
(1) The
commission certifies demonstrable completion of capital investments
attributable to the efficiency improvements, additions of capacity, or
increased renewable energy output that are sufficient to, were intended to, and
can be demonstrated to increase annual renewable electricity output, as
described in RSA 362-F:4, I(i); and
(2) That the incremental new production of electricity
arises from the associated capital investment rather than the operational
changes at such facility;
(e) The production of electricity from a Class
III or Class IV source that began operation as a new facility by demonstrating
that 80 percent of the resulting federal income tax basis of the source’s plant
and equipment, but not its real property and intangible assets, is derived from
capital investment that is directly related to restoring generation or
increasing capacity, pursuant to RSA 362-F:4, I(j) and Puc 2502.05;
(f) The portion of production of electricity from
any fossil-fueled generating facility that originally began operation prior to
January 1, 2006, which is attributable to Class I eligible biomass fuels
co-fired after January 1, 2012, as described in RSA 362-F:4, I(k); and
(g) The
production of biodiesel by any facility located in New Hampshire that is used
by a New Hampshire end user to produce useful thermal energy and meets the
requirements of RSA 362-F:4, I (m) and this chapter.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.07); ss by #12473, eff 2-1-18 (formerly Puc 2502.06)
Puc
2502.08 “Class II source” means a
generation facility that produces electricity from solar technologies and that
began operation after January 1, 2006, pursuant to RSA 362-F:4, II.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.08); ss by #12473, eff 2-1-18 (formerly Puc 2502.07)
Puc
2502.09 “Class III source” means a generation facility that began operation
prior to January 1, 2006, and produces electricity from eligible electric
biomass technologies having a gross nameplate capacity of 25 megawatts or less,
or from methane gas, except as specified in RSA 362-F:4, III(b). Class III sources do not include, for electricity
production commencing January 1, 2017, methane gas if the production is from a
source or sources which began operation prior to January 1, 2006 and which
source exceeds, or sources exceed, a total gross nameplate capacity of 10 megawatts
in the aggregate located at any single landfill site, with all phases, stages,
cells, lifts, expansions, and other landfill areas combined in determining the
single landfill site gross nameplate capacity and only class III and potential
class III eligible sources at any single landfill site are included in
determining whether the 10 megawatt aggregate limitation has been exceeded.
Source. #9037,
INTERIM, eff 11-27-07, EXPIRED: 5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.09); ss by #12473, eff 2-1-18 (formerly Puc 2502.08)
Puc
2502.10 “Class IV source” means a
hydroelectric generation facility that began operation prior to January 1,
2006, that has a gross nameplate capacity of 5 megawatts or less, and that
meets the requirements of RSA 362-F:4, IV.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.10); ss by #12473, eff 2-1-18 (formerly Puc 2502.09)
Puc
2502.11 “Co-fired electric generating
facility” means any fossil-fueled electric generation facility that originally
began operation prior to January 1, 2006, if, after January 1, 2012, such
facility co-fires with Class I eligible biomass fuels to displace the
combustion of an amount of fossil fuels and that:
(a) Either has a quarterly average nitrogen oxide
(NOx) emission rate, as measured and verified under RSA 362-F:12, of less than
or equal to 0.075 pounds (lbs)/million British thermal units (MMBtu) or has a
plan approved by the department for reductions in NOx emission from other
emissions sources in accordance with RSA 362-F:4,I(k)(1); and
(b) Either has a particulate emission rate, as
measured and verified under RSA 362-F:12, of less than or equal to 0.02
lbs/MMBtu or has a plan approved by the department for reductions in
particulate matter emissions from emission sources owned by or affiliated with
the co-firing entity in accordance with RSA 362-F:4,I(k)(2).
Source. #9037, INTERIM, eff 11-27-07, EXPIRED 5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.10)
Puc
2502.12 “Commission” means the New
Hampshire public utilities commission.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.11)
Puc 2502.13 “Control area” means a geographic region in
which a common generation control system is used to maintain the interchange of
electrical energy within and outside the region.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.12)
Puc
2502.14 “Customer-sited source” means
“customer sited-source” as defined in RSA 362-F:2, V, namely “a source that is
interconnected on the end-use customer’s side of the retail electricity meter
in such a manner that it displaces all or part of the metered consumption of
the end-use customer.”
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.13)
Puc
2502.15 “Default service” means “default service” as defined in RSA 362-F:2,
VI, namely “electricity supply that is available to retail customers who are
otherwise without an electricity supplier as defined in RSA 374-F:2, I-a.”
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.14)
Puc
2502.16 “Department” means the
New Hampshire department of environmental services.
Source. #9037,
INTERIM, eff 11-27-07, EXPIRED: 5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.15)
Puc 2502.17 “Distribution utility” means any electric
transmission or distribution company and includes rural electric cooperatives.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.16)
Puc 2502.18 “Eligible electric biomass technologies” means electric
generating technologies that use biomass fuels as their primary fuel, provided
that the generation unit:
(a) Has a quarterly average nitrogen
oxide (NOX) emission rate for the hours in the calendar quarter
during which the device generated electricity of less than or equal to 0.075
pounds/million British thermal units (lbs/MMBtu), and either has a particulate
emission rate of less than or equal to 0.02 lbs/MMBtu as measured and verified under
RSA 362-F:12, or is participating in a plan approved by the department under
RSA 362-F:11, IV for reductions in particulate matter emissions from other
emission sources comparable to the difference between the generation unit's
particulate matter emissions rate and the 0.02 lbs/MMBtu rate; and
(b) Uses any fuel other than the primary fuel
only for start-up, maintenance, or other required internal needs.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.17)
Puc
2502.19 “End-use customer” means any person or entity that purchases electricity
supply at retail in New Hampshire from another person or entity but shall not
include a generating facility taking station service at wholesale from the
regional market administered by the independent system operator (ISO-New
England) or self-supplying from its other generating stations.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.17); ss by #12473, eff 2-1-18 (formerly Puc 2502.18)
Puc 2502.20 “Generation
attributes” means the non-price
characteristics of the electrical or thermal energy output of a unit including,
but not limited to, the unit’s location, fuel type, actual emissions, vintage,
and portfolio standard eligibility.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.18); ss by #12473, eff 2-1-18 (formerly Puc 2502.19)
Puc
2502.21 “Generation information system
(GIS)” means the system operated by the New England Power Pool (NEPOOL), which
includes a generation information database and certificate system, and that
accounts for certain generation attributes.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.19); ss by #12473, eff 2-1-18 (formerly Puc 2502.20)
Puc
2502.22 “Historical generation baseline”
means:
(a) For a hydroelectric facility, the average
annual electrical production, in megawatt-hours, from the later of January 1,
1986, or the date of first commercial operation through December 31, 2005,
adjusted as if any upgrade or expansion completed during the period had been in
place over the entire period as described in RSA 362-F:2, X(b); or
(b) For other facilities, the average annual
electrical production, in megawatt-hours, for 2004 through 2006, or for the
first 36 months after the facility began operation if that date is after
December 31, 2001, as described in RSA 362-F:2, X(a).
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.20); ss by #12473, eff 2-1-18 (formerly Puc 2502.21)
Puc
2502.23 “ISO New England” means the not-for-profit regional transmission
organization authorized by FERC to operate the bulk electricity transmission
system in the New England Control Area, or its successor.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.21); ss by #12473, eff 2-1-18 (formerly Puc 2502.22)
Puc
2502.24 “Incremental new production”
means the difference between the yearly electricity output of an eligible
source and its historical generation baseline.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.22); ss by #12473, eff 2-1-18 (formerly Puc 2502.23)
Puc
2502.25 “Independent monitor” means a
person or entity certified by the commission to perform duties pursuant to Puc
2505.10.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (formerly Puc 2502.24)
Puc
2502.26 “Large biodiesel end user” means a person or entity who or which uses
biodiesel to produce useful thermal energy using a thermal energy system with a
total gross nameplate heating capacity of all units combined of more than
1,000,000 British thermal units (Btu) per hour of heat input.
Source. #12473, eff 2-1-18
Puc
2502.27 “Large thermal source” means a
source with a total gross nameplate heating capacity of its REC eligible units,
combined, of more than 1,000,000 Btu per
hour of heat input.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.23); ss by #12473, eff 2-1-18 (formerly Puc 2502.25)
Puc
2502.28 “Methane gas” means “methane gas” as defined in RSA 362-F:2, XI,
namely “biologically derived methane gas from anaerobic digestion of organic
materials from such sources as yard waste, food waste, animal waste, sewage
sludge, septage, and landfill waste.”
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14 (from
Puc 2502.23); ss by #12473, eff 2-1-18 (formerly Puc 2502.26)
Puc 2502.29 “New England control area” means “New England
control area” as defined in RSA 362-F:2, XII, namely “the term as defined in
ISO-New England’s transmission, markets and services tariff, FERC electric
tariff no. 3, section II.” This includes
Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, and those
parts of Maine not assigned to another control area pursuant to a FERC-approved
tariff.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.26); ss by #12473, eff 2-1-18 (formerly Puc 2502.27)
Puc
2502.30 “Portfolio standards” means the
minimum renewable energy certificate obligations pursuant to RSA 362-F:3 and
Puc 2503.01.
Source. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.27); ss by #12473, eff 2-1-18 (formerly Puc 2502.28)
Puc
2502.31 “Primary fuel” means “primary fuel” as defined in RSA 362-F:2, XIII,
namely “a fuel or fuels, either singly or in combination, that comprises at
least 90 percent of the total energy input into a generating unit.”
Source. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.28); ss by #12473, eff 2-1-18 (formerly Puc 2502.29)
Puc
2502.32 “Provider of electricity” means “provider of electricity” as defined in RSA
362-F:2, XIV.
Source. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.29); ss by #12473, eff 2-1-18 (formerly Puc 2502.30)
Puc 2502.33
“Renewable energy fund” means the
nonlapsing special fund created by RSA 362-F:10 and administered by the
commission.
Source. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2502.30); ss by #12473, eff 2-1-18 (formerly Puc 2502.31)
Puc
2502.34 “Renewable energy source” means
“renewable energy source” as defined in RSA 362-F:2, XV, namely “a Class I, II,
III, or IV source of electricity or a Class I source of useful thermal
energy. An electrical generating
facility, while selling its electrical output at long-term rates established
before January 1, 2007 by orders of the commission under RSA 362-A:4, shall not
be considered a renewable source.” The term
“renewable energy source” includes the terms “renewable source” and “source.”
Source. #10741, eff 12-5-14 (from Puc 2502.31); ss by
#12473, eff 2-1-18 (formerly Puc 2502.32)
Puc 2502.35 “Retire” means to make no further use of a certificate for
purposes of trading in the generation attributes associated with the certificate.
Source. #10741, eff 12-5-14 (from Puc 2502.32); ss by
#12473, eff 2-1-18 (formerly Puc 2502.33)
Puc
2502.36 “Revenue quality meter” means an
electricity meter used by a customer-sited source that is of sufficient quality
to be eligible for use by a distribution utility to measure for billing
purposes the customer’s electricity consumption.
Source. #10741, eff 12-5-14; ss by #12473, eff 2-1-18
(from Puc 2502.32); ss by #12473, eff 2-1-18 (formerly Puc 2502.34)
Puc 2502.37 “Small thermal source” means a source with a
total gross nameplate heating capacity of its REC eligible units, combined, of 1,000,000
Btu per hour or less of heat input.
Source. #10741, eff 12-5-14; ss by #12473, eff 2-1-18
(formerly Puc 2502.35)
Puc 2502.38 “Thermal biomass renewable energy
technologies” means facilities, comprised of one or more biomass units, that
produce useful thermal energy using biomass as the fuel source, that began
operation after January 1, 2013, and that:
(a) If the biomass unit is rated between 3 and 30
MMBtu/hour design gross heat input, has a particulate emission rate from the
unit that is less than or equal to 0.10 lbs/MMBtu;
(b) If the biomass unit is rated equal to or
greater than 30 MMBtu/hour design gross heat input, has a particulate emission
rate from the unit that is less than or equal to 0.02 lbs/MMBtu as measured and
verified by the department pursuant to RSA 362-F:12;
(c) If the biomass unit is rated less than 100
MMBtu/hour design gross heat input, implements best management practices as
established by the department; and
(d) If the biomass unit is rated equal to or
greater than 100 MMBtu/hour design gross heat input, has a quarterly average
NOx emission rate that is no more than 0.075 lbs/MMBtu as measured and verified
by the department pursuant to RSA 362-F:12.
Source. #10741, eff 12-5-14; ss by #12473, eff 2-1-18
(formerly Puc 2502.36)
Puc 2502.39 “Useful thermal energy” means “useful thermal
energy” as defined in RSA 362-F:2, XV-a, namely “renewable energy delivered
from Class I sources that can be metered and that is delivered in New Hampshire
to an end user in the form of direct heat, steam, hot water, or other thermal
form that is used for heating, cooling, humidity control, process use, or other
valid thermal end use energy requirements and for which fuel or electricity
would otherwise be consumed.”
Source. #10741, eff 12-5-14; ss by #12473, eff 2-1-18
(formerly Puc 2502.37)
Puc 2502.40 “Year” means “year” as defined in RSA
362-F:2, XVI, namely “a calendar year beginning January 1 and ending December
31.”
Source. #10741, eff 12-5-14; ss by #12473, eff 2-1-18
(formerly Puc 2502.38)
PART Puc 2503
PORTFOLIO STANDARDS
Puc
2503.01 Portfolio Standards.
(a)
Except as provided in (j) and (o) below, for each year specified in Table
2500.01 below each provider of electricity shall:
(1) Obtain and retire certificates sufficient in
number and class type to meet or exceed the percentages of total megawatt-hours
of electricity supplied by the provider to its end-use customers for each year
as established by (b) through (h) below; or
(2) Make
alternative compliance payments pursuant to Puc 2503.02.
(b) Except as provided in (j) and (o) below, for
years 2012 through 2025 and thereafter, the percentages shall be as specified
in RSA 362-F:3, which are set forth in Table 2500.01 as follows, as such
percentages have been modified through 2016 by the Commission in proceedings
conducted pursuant to (d) through (i) below, and as such percentages may be
modified thereafter pursuant to (d) through (i) below.
Table 2500.01 Portfolio Standards
|
Calendar Year |
Class I Non-Thermal |
Class I from useful thermal energy |
Total Class I |
Class II |
Class III |
Class IV |
|
2012 |
3.00% |
0.00% |
3.00% |
0.15% |
1.40% |
1.00% |
|
2013 |
3.80% |
0.00% |
3.80% |
0.20% |
0.50% |
1.30% |
|
2014 |
4.60% |
0.40% |
5.00% |
0.30% |
0.50% |
1.40% |
|
2015 |
5.40% |
0.60% |
6.00% |
0.30% |
0.50% |
1.50% |
|
2016 |
5.60% |
0.60% |
6.20% |
0.30% |
0.50% |
1.50% |
|
2017 |
6.80% |
1.00% |
7.80% |
0.30% |
8.00% |
1.50% |
|
2018 |
7.50% |
1.20% |
8.70% |
0.50% |
8.00% |
1.50% |
|
2019 |
8.20% |
1.40% |
9.60% |
0.60% |
8.00% |
1.50% |
|
2020 |
8.90% |
1.60% |
10.50% |
0.70% |
8.00% |
1.50% |
|
2021 |
9.60% |
1.80% |
11.40% |
0.70% |
8.00% |
1.50% |
|
2022 |
10.30% 4% |
2.00% |
12.30% |
0.70% |
8.00% |
1.50% |
|
2023 |
11.00% |
2.20% |
13.20% |
0.70% |
8.00% |
1.50% |
|
2024 |
11.90% |
2.20% |
14.10% |
0.70% |
8.00% |
1.50% |
|
2025
and thereafter |
12.80% |
2.20% |
15.00% |
0.70% |
8.00% |
1.50% |
(c) A provider of electricity may use
certificates issued based on the production of biodiesel to meet up to 12.5% of
the provider's non-thermal class I portfolio standard requirements in any given
year.
(d) Pursuant to RSA 362-F:4, V, upon a petition
or on its own motion, and after notice and hearing, the commission shall for
good cause accelerate or delay by up to one year any annual increase in Class I
or Class II portfolio standards.
(e) For purposes of (d) above, “good cause” means
that the acceleration or delay of an increase is reasonably expected to:
(1) Increase
investment in renewable energy production in New Hampshire; or
(2) Mitigate cost increases to retail electric rates
for New Hampshire customers without materially hindering the development of
renewable resources.
(f) Pursuant to RSA 362-F:4, VI, the commission
shall, after notice and hearing, modify the Class III and Class IV portfolio
standards if:
(1) The
modified portfolio standards would be at least 85 percent but not more than 95
percent of the reasonable expected annual output of available eligible sources;
and
(2) The
modification would be consistent with the purposes of RSA 362-F.
(g) In determining whether to modify Class III
and Class IV portfolio standards pursuant to (f) above, the commission shall
consider evidence regarding supply and demand from similar programs in other
states.
(h) Proceedings conducted under (d) through (g)
above shall be adjudicative and shall be conducted pursuant to Puc 203. A notice issued pursuant to Puc 203.12 in
such proceeding shall be sent to all providers of electricity.
(i) The commission shall post each order issued
pursuant to (d) through (g) above on its web site.
(j) Pursuant to RSA 362-F:15, I, increases in the
annual purchase percentages applicable to class II for 2018 and thereafter
shall not apply to the megawatt-hours delivered during the contract term under
any electrical power supply contract entered into prior to July 11, 2017,
provided that the contract term in effect before such effective date has not
been extended or otherwise increased after that date. All megawatt-hours delivered under any such
contract shall be subject to a class II annual purchase percentage of 0.30%.
(k) Pursuant to RSA 362-F:15, II(b), certificates for
periods after March 31, 2017 produced by previously-certified class III sources
determined to be ineligible because they have a total aggregate gross nameplate
capacity in excess of 10 megawatts located at a single landfill site, including
all phases, stages, cells, lifts, expansions, and other landfill areas, shall
not be used for portfolio standards compliance.
(l) Notwithstanding (k) above, any such Class III
certificates purchased pursuant to a contract entered into prior to July 11,
2017 shall be eligible for portfolio standards compliance for the term of such
contract, and provided that the term of the contract has not been extended or
otherwise increased after that date.
(m) Providers of electricity shall inform the
commission by July 1, 2018 and by July 1 of each year thereafter through July
1, 2020, of all contracts referenced in (j) and (l) above. Such information shall include the execution
date and expiration date of the contract, the basis for exemption under (j) or
(l) above, and, in the case of contracts referenced in (j) above, the annual
megawatt-hours supplied and exempted, and, in the case of contracts referenced
in (l) above, the annual amount of exempted Class III methane gas certificates
and the basis for exemption.
(n) All information filed with the commission
pursuant to (l) above shall be deemed exempt from public disclosure pursuant to
the provisions of RSA 91-A:5, IV and shall be marked “confidential” by the filer
of such information.
(o) The annual portfolio standards set forth in
Table 2500.02 shall apply to the electrical load under any electrical power
supply contracts for a term of years entered into by providers of electricity
on or before July 1, 2012. Upon the
expiration of any such contract, the portfolio standards set forth in Table
2500.01 shall apply. For purposes of
this section, “term of years” means a contract term of 12 months or more from
the date of execution, without regard to any renewal or extension period.
Table 2500.02
Portfolio Standards
for Power Supply Contracts Entered into Prior to July
1, 2012
|
Calendar Year |
Class I |
Class II |
Class III |
Class IV |
|
2012 |
3.0% |
0.15% |
6.5% |
1.0% |
|
2013 |
4.0% |
0.2% |
6.5% |
1.0% |
|
2014 |
5.0% |
0.3% |
6.5% |
1.0% |
|
2015 |
6.0% |
0.3% |
6.5% |
1.0% |
|
2016 |
7.0% |
0.3% |
6.5% |
1.0% |
|
2017 |
8.0% |
0.3% |
6.5% |
1.0% |
|
2018 |
9.0% |
0.3% |
6.5% |
1.0% |
|
2019 |
10.0% |
0.3% |
6.5% |
1.0% |
|
2020 |
11.0% |
0.3% |
6.5% |
1.0% |
|
2021 |
12.0% |
0.3% |
6.5% |
1.0% |
|
2022 |
13.0% |
0.3% |
6.5% |
1.0% |
|
2023 |
14.0% |
0.3% |
6.5% |
1.0% |
|
2024 |
15.0% |
0.3% |
6.5% |
1.0% |
|
2025 |
16.0% |
0.3% |
6.5% |
1.0% |
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2503.02 Alternative Compliance
Payments.
(b) On or before January 31 of each year, the
commission shall establish that year’s alternative compliance payment rate for
each class as directed by RSA 362-F:10, III.
(c) The commission shall publish its schedule of
alternative compliance payment rates established pursuant to this part on the
commission’s web site.
(d) A provider of electricity shall remit
alternative compliance payments for each year by the following July 1 as
specified by Puc 2503.03(b).
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2503.03 Annual Compliance Report.
(a) On or before July 1 of each year, a provider
of electricity shall provide the commission with the information required in (c) below, documenting the provider’s
compliance with this part for the preceding year.
(b) On or before July 1 of each year, the
provider of electricity shall submit to the commission either a check payable
to the state of New Hampshire in the amount of any alternative compliance
payments due pursuant to Puc 2503.02 or documentation that the funds have been
electronically transferred to the renewable energy fund bank account.
(c) The information referenced in (a) above shall
include:
(1) The name of
the provider of electricity filing the report;
(2) The date of
the report;
(3) The year
represented by the report;
(4) The name,
title, and signature of the officer or employee who prepared the report;
(5) The total
number of kilowatt-hours of electricity sold or delivered to end use customers;
(6) A list of
electrical power supply contracts for a term of years that were executed on or
before July 1, 2012, pursuant to Puc 2503.01(n), including the execution date
and expiration dates of each contract, the annual amount of electricity
supplied in kilowatt-hours under the contract during the preceding year, and
the total amount of electricity supplied under all such contracts during the
preceding year;
(7) A list of all contracts referenced in Puc 2503.01(j),
including the execution date and expiration date of the contract, the basis for
exemption under Puc 2503.01(j), and the annual megawatt-hours supplied and
exempted;
(8) A list of all
contracts referenced in Puc 2503.01(k), including the execution date and
expiration date of the contract, the basis for exemption under Puc 2503.01(k),
and the annual amount of exempted Class III methane gas certificates and the
basis for exemption;
(9) Total
certificate obligations in kilowatt-hours for each class calculated using the
percentages in Table 2500.01 and, as applicable, Table 2500.02;
(10) Total GIS
certificates retired for each class of sources listed in Table 2500.01 and, as
applicable, Table 2500.02;
(11) Total GIS biodiesel certificates retired to meet
up to 12.5% of class I non-thermal requirement;
(12) Total
costs incurred for the purchase of certificates by class;
(13) Total
certificates from years other than the compliance year by class and by year of
issuance used pursuant to RSA 362-F:7, I;
(14) The
balance of certificate obligations to be met with alternative compliance
payments by class;
(15) The total
dollar amount of alternative compliance payments owed by class using the
alternative compliance payments schedule determined by the commission pursuant
to Puc 2503.02;
(16) The total
excess certificates by class to be banked for future compliance years; and
(17) The total
net metering certificate credits by class calculated pursuant to RSA 362-F:6,
II-a and Puc 2503.04.
(d)
A provider of electricity shall separately file its report titled “My
Settled Certificates Disposition,” issued by the GIS to the provider containing
the final number of certificates settled for the prior year no later than July
31 of each year.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2503.04 Net-Metering Credit.
(a)
A provider of electricity shall receive Class I and Class II certificate
credits for the production of electricity at customer-sited sources that is
net-metered to a distribution utility pursuant to RSA 362-A:9 and Puc 900
provided that:
(1) The
customer-sited source is eligible to produce Class I or Class II certificates;
(2) The
commission has not certified the customer-sited source for the production of
Class I or Class II certificates; and
(3) The
certificates or generation attributes have not been used for compliance with
any similar requirements of another non-federal jurisdiction, or otherwise
sold, retired, claimed, or represented as part of any other electrical energy
output, thermal energy output, portfolio, or sale.
(b) On or before February 1 of each year,
distribution utilities shall submit to the commission the following:
(1) A list of
customer-sited sources eligible for Class I certification that meet the
requirements of Puc 2503.04(a)(1), including the owner of the source, the
location of the source, the type of renewable energy used by the source, the
nameplate rated capacity or system design capacity in alternating current of
the generator in kilowatts (kW), and the date the source became operational;
(2) A list of
customer-sited sources eligible for Class II certification that meet the
requirements of Puc 2503.04 (a)(1), including the owner of the source, the
location of the source, the nameplate rated capacity or system design capacity
of the inverters in alternating current, and the date the source became
operational;
(3) Total
annual electricity sales in kWh for the preceding year; and
(4) Total
default service sales in kWh or equivalent for the preceding year.
(c) The commission shall estimate the total
yearly production for Class I and Class II customer-sited sources identified
pursuant to paragraph (b) using a capacity factor rating of 20 percent for each
installation.
(d) By February 28 of each year, the commission
shall compute and make public credit percentages that are equal to the
estimated production for the prior year in each class divided by the total
amount of electricity supplied to end-use customers in the prior year, with the
results converted to a percentage.
(e) Each provider of electricity may, at the time
of filing its annual report pursuant to Puc 2503.03, claim a Class I and a
Class II certificate credit equal to the credit percentage for each class
multiplied by the total megawatt-hours of electricity supplied by the provider
to its end-use customers in the preceding year.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2503.05 Certificate Banking.
(a) Except as provided in paragraphs (b) through
(d) below, certificates obtained in compliance with this chapter shall be used
to comply with the portfolio standards for the year in which the energy
represented by the certificate was produced.
(b)
A provider of electricity may bank unused certificates and thereafter
use them to comply with the portfolio standards for the 2 years following the
year in which the energy was produced pursuant to (c) below.
(c)
An owner of certificates may bank unused certificates by filing with the
commission the following:
(1) By July 1 of each year, information
regarding the total amount of excess certificates by class to be banked for future compliance years; and
(2) By July 31
of each year, the report titled “My Settled Certificates Disposition,” issued
by GIS to the owner indicating the total number of certificates owned and
settled for the prior year.
(d) No provider of electricity shall meet more
than 30 percent of its portfolio standards for any individual class in any
given year with certificates acquired pursuant to paragraph (b).
Source. #10741, eff
12-5-14 (from Puc 2503.04); ss by #12473, eff 2-1-18
PART Puc 2504
ISSUANCE AND TRANSFER OF RENEWABLE ENERGY CERTIFICATES
Puc
2504.01 Location of Sources Eligible
to be Issued Certificates.
(a) Certificates used to comply with the
portfolio standards shall, pursuant to RSA 362-F:6, IV, originate from:
(1) Sources
within the New England control area; or
(2) Sources in
a control area adjacent to the New England control area, provided that the
energy is delivered within the New England control area and such delivery is
verified by submitting to the commission:
a.
Documentation of a unit-specific bilateral contract or other legally
enforceable obligation that is executed between the source owner, operator, or
authorized agent and an electric energy purchaser located within the New
England control area for delivery of the source’s electric energy to the New
England control area;
b. Proof of
associated transmission rights for delivery of the source's electric energy
from the generation unit of the source through the adjacent control area to the
New England control area;
c.
Documentation that the electrical energy delivered was settled in the
ISO-New England wholesale market system;
d.
Documentation that the source produced, during each hour of the
applicable month, the amount of megawatt-hours claimed, as verified by the GIS
administrator; and
e. Confirmation
that the electrical energy delivered under the legal obligation received a
North American Electric Reliability Corporation tag from the originating
control area to the New England control area.
(b) If the originating control area employs a
generation information system that is comparable to the GIS, such system may be
used to support the documentation required in (a)(2)d above.
(c) Issuance, qualification, sales, exchanges,
and retirement of certificates pursuant to this chapter shall be conducted through
the GIS according to its operating rules.
(d) Certificates used to comply with the thermal
portfolio standards shall originate from sources that delivered the useful
thermal energy in New Hampshire.
(e) Certificates based on the production of biodiesel
at a facility located in New Hampshire on or after January 1, 2018 shall be
issued based on delivery of the biodiesel to end users in New Hampshire to be
used to produce useful thermal energy.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2504.02 Transferability of
Certificates.
(a) A certificate may be sold or otherwise
exchanged by the source to which it was initially issued or by any other person
or entity that acquires the certificate.
(b) A certificate shall be used only once for
compliance with the portfolio standards of this chapter.
(c) A certificate shall not be used for
compliance with this chapter if it has been used for compliance with any
similar requirements of another non-federal jurisdiction, or otherwise sold,
retired, claimed or represented as part of any other electrical energy output,
thermal energy output, portfolio, or sale.
(d) A certificate that has been used for compliance
with this chapter shall not be used for compliance with any similar
requirements of another non-federal jurisdiction, or otherwise sold, retired,
claimed or represented as part of any other electrical energy output, thermal
energy output, portfolio, or sale.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
PART Puc 2505
CERTIFICATION OF RENEWABLE ENERGY SOURCES
Puc 2505.01 Eligibility Determinations.
(a) The commission shall within 45 days of
receiving a completed application pursuant to this part determine the
eligibility of a facility to be issued new certificates.
(b) The applicant shall have the burden of
demonstrating eligibility to be issued new certificates.
(c) The effective date of certification shall be
the date that a completed application is submitted to the commission, except
that the certification of a biodiesel production facility shall be effective as
of January 1, 2018 if a complete application for certification of that facility
is submitted to the Commission within 60 days following the effective date of
these rules.
(d) When issuing a certification under this rule,
the commission shall provide a copy to the owner of the facility and the
administrator of the GIS. To be issued
new certificates, the owner shall register with the GIS and comply with its
rules and procedures.
(e) No generation facility shall be eligible to
be issued new certificates under this chapter while selling its electrical
output at long-term rates established before January 1, 2007, by orders of the
commission under RSA 362-A:4.
(f) No customer-sited source shall be certified
as eligible to be issued new certificates under this part unless the source is
located in New Hampshire.
(g) No thermal energy source shall be certified
as eligible to be issued new certificates under this part unless the thermal
energy is delivered in New Hampshire.
(h) No
biodiesel production facility shall be certified as eligible to be issued new
certificates under this part unless the facility is located in New Hampshire.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc 2505.02 Application
Requirements.
(a) To qualify as a facility eligible to be
issued new certificates under this chapter, a proposed source shall demonstrate
its eligibility under Class I, II, III, or IV by providing the commission with
the information specified in this section.
(b) For customer-sited sources with a gross
nameplate capacity or system design capacity of 100 kilowatts in alternating
current or less of electricity, the applicant shall provide:
(1) The name,
address, and contact information of the applicant and of the owner of the
source, if different;
(2) The name
and location of the facility, the initial date of operation, and if applicable,
the facility operator and contact information;
(3) A complete
list of the equipment used at the facility, including the meter and, if
applicable, the inverter;
(4) The gross
nameplate capacity or system design capacity of the source;
(5) The GIS
facility code;
(6) The name and contact information of the installer
of the generation equipment, or a statement that the equipment was installed
directly by the customer;
(7) The name
and contact information of the seller of the generation equipment;
(8) The name
and contact information of the independent monitor of the source;
(9) A copy of
the interconnection agreement pursuant to Puc 307.06, if applicable, between
the applicant and the distribution utility;
(10) For an
installation with electric output, documentation of the applicable distribution
utility’s approval of the installation;
(11) For a source
using electric biomass technology or a co-fired electric generating facility,
documentation from the department certifying compliance with emission
requirements as described in (c)(6) below;
(12) A
statement that the project meets the metering requirements of Puc 2506;
(13) A
statement that the project is installed and operating in conformance with any
applicable building codes; and
(14) A
statement by the owner that the information provided is accurate.
(c) For customer-sited sources with a gross
nameplate capacity or system design capacity of more than 100 kilowatts in
alternating current and for all other sources generating electricity, the
applicant shall provide:
(1) The name
and address of the applicant and of the owner of the source, if different;
(2) The name
and location of the facility, and if applicable, the facility operator and
contact information;
(3) The ISO-New
England asset identification number, if available;
(4) The GIS
facility code;
(5) A
description of the facility, including fuel type, gross nameplate capacity or
system design capacity, the initial commercial operation date, and the date it
began operation, if different;
(6) If an eligible electric biomass technology or
co-fired electric generating facility, the following documentation from the
department certifying compliance with emission requirements including the
following:
a. NOX
emission rate in lb/MMBtu, quarterly average;
b. Particulate
matter emission rate in lb/MMBtu;
c. Other source
NOx emission reduction plan for a co-fired electric generating facility, as
applicable;
d. Other source
particulate emission reduction plan, as applicable; and
e. For co-fired
electric generating facilities, the methodology to be used to calculate the
electrical production derived from the combustion of biomass fuels;
(7) All other
necessary regulatory approvals that are related to REC requirements, including
any reviews, approvals, or permits required by the department;
(8) Proof that the applicant either has an approved
interconnection study on file with the commission, is a party to a currently
effective interconnection agreement, or is otherwise not required to undertake
an interconnection study;
(9) A
description of how the generation facility is connected to the distribution
utility;
(10) A
description of how the facility’s output is reported to the GIS if not reported
to and verified by ISO-New England;
(11) A
statement as to whether the facility has been certified under another
non-federal jurisdiction’s renewable portfolio standard and proof thereof;
(12) A
statement as to whether the facility’s output is reported to and verified by
ISO-New England;
(13) A
statement that the source complies with the metering requirements of Puc 2506;
(14) A
statement by the owner that the information provided is accurate;
(15) The name
and telephone number of the facility’s operator, if different from the owner;
(16) If
applicable, the name and contact information of the independent monitor of the
source; and
(17) Such other
information as the applicant wishes to provide to assist in classification of
the generating facility.
(d) For sources producing useful thermal energy,
the applicant shall provide:
(1) The name,
address, and contact information of the applicant and of the owner of the
source, if different;
(2) The name
and location of the facility, the date of initial operation, and if applicable,
the facility operator and contact information;
(3) A
description of the equipment and meters used to measure useful thermal energy
including the manufacturer, model, placement of the sensors in the energy
production system, temperature operating range, flow operating range, thermal
energy operating range, and pressure operating range, if applicable;
(4) A description of the manufacturer’s recommended
methods and frequency for meter calibration;
(5) The rated thermal heating capacity of the
facility, expressed in Btu/hour and megawatt equivalent;
(6) The GIS
facility code;
(7) The name and
contact information of the installer of thermal biomass facility, solar thermal
technology, or geothermal system, or a statement that the equipment was
installed directly by the owner;
(8) The name and contact information of the seller of
the thermal equipment;
(9) The name
and contact information of the independent monitor of the facility;
(10) For large
thermal sources, the manufacturer’s guaranteed accuracy of the meters or
sensors used to calculate thermal energy output and, for small thermal sources
which shall measure useful thermal energy pursuant to Puc 2506.04(g)(2) through
(g)(4);
(11) For small
thermal sources, a description of the methodology used to calculate the useful
thermal energy pursuant to Puc 2506.04 including the equations and values for
the variables in the equations;
(12) For large
thermal sources, a description of the methodology used to calculate the useful
thermal energy pursuant to Puc 2506.04;
(13) The
discount factors for meter accuracy pursuant to Puc 2506.05(e) to be applied
for REC calculations, if applicable;
(14) The discount factor for operating energy and
thermal energy losses pursuant to Puc 2506.05(f) to be applied for REC
calculations, if applicable, or a detailed description of the method for
determining a discount factor for operating energy and thermal energy losses,
if applicable;
(15) If a
thermal biomass facility, the following documentation from the department
certifying compliance with the following, as applicable:
a. For units
with a heat input capacity of 100 MMBtu/hour or greater, the NOX
emission rate in lb/MMBtu, quarterly average;
b. For units
with a heat input capacity of 3 MMBtu/hour or greater, the particulate matter
emission rate in lb/MMBtu;
c. A
description of pollution control equipment or proposed practices for compliance
with NOx and particulate matter requirements; and
d. For units with a heat input capacity of less
than 100 MMBtu/hour, the proposed best management practices that are consistent
with the recommendations in the report entitled “Emission Controls for Small
Wood-Fired Boilers” prepared for the United States Forest Service, Western
Forestry Leadership Coalition, by RSG, Inc., May 6, 2010, available at http://www.biomasscenter.org/images/stories/FSE_PM_Emissions.pdf, as
specified in Appendix B.
(16) A statement as to whether the facility has been
certified under another non-federal jurisdiction’s renewable portfolio
standards and proof thereof;
(17) Such other
information as the applicant wishes to provide to assist in certification of
the facility;
(18) A
statement by the owner that the information provided is accurate and that all
other necessary regulatory approvals that are related to REC eligible
facilities have been received, including any reviews, approvals or permits
required by the department; and
(19) A
statement by a professional engineer that is licensed in New Hampshire and in
good standing that the project meets the metering requirements of Puc 2506 and
that the meters were installed according to manufacturer’s recommendation, and
that the renewable energy source meets the requirements of this part.
(e) For
combined heat and power facilities, the applicant shall provide:
(1) As to the eligibility to be issued certificates
for electricity production, the information required under Puc 2505.02(b) or
(c); and
(2) As to the eligibility to be issued certificates
for thermal energy output, the information required under Puc 2505.02(d).
(f) For
biodiesel production facilities, the applicant shall provide:
(1) The name,
address, and contact information of the applicant and of the owner of the
facility, if different;
(2) The name
and location of the facility, the date of initial operation, and, if
applicable, the facility operator and contact information;
(3) The GIS
facility code;
(4) The name
and contact information of the independent monitor of the facility;
(5) Production
facility capacity and volume of annual production output;
(6) A
description of the equipment and meters used to measure biodiesel production
and sales;
(7) Copies of all applicable air emissions and
water discharge permits and approvals for operation in the State of New
Hampshire, or certification that the facility is not required to obtain any
such permits or approvals;
(8) Certification by the producer that the facility is
in compliance with all applicable air emissions and water discharge standards;
and
(9) As required
for the sale of biodiesel in New Hampshire under RSA 260:52-f, certification by
the producer that the biodiesel fuel produced meets the ASTM D6751 standard
specifications pursuant to RSA 362-A:1-a, I-b.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.03 Preliminary Designation.
(a) A developer of a proposed new or repowered
source may request preliminary designation as an eligible source by submitting
the information described in Puc 2505.02, provided that any tentative or
estimated information, such as the initial commercial operation date, is so
identified.
(b) The commission shall rule on a request for
preliminary designation within 60 days of receiving all the required
information. The commission shall grant
the request for preliminary designation when the facts provided demonstrate
that the planned facility is expected to meet the requirements of the requested
class. When granting such a request, the
commission shall attach such conditions to its approval as are reasonably
necessary to ensure compliance with RSA 362-F and this chapter. When denying such a request, the commission
shall provide a detailed explanation of the basis for its decision.
(c) Preliminary designation under this section
shall not exempt a facility from the regular application requirements of this
part. A facility granted preliminary
designation of eligibility shall be entitled to full certification, provided
that the facility as constructed or modified is consistent with the facts as
stated in the request for preliminary designation and complies with any
conditions added by the commission.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.04 Certification of Biomass
Facilities Producing Electricity or Useful Thermal Energy.
(a) Eligibility determinations of facilities that
use biomass fuels shall be conditional as required by RSA 362-F:11, III.
(b) Each thermal biomass renewable energy source
shall file with the department a statement that the source was operated in
compliance with all the eligibility criteria to produce RECs for the applicable
period, including the following information for the source:
(1) Within 45
days of the end of each calendar quarter, for a thermal biomass unit rated
greater than 100 MMBtu/hr, quarterly average NOx emission rate;
(2) Within 45
days of the end of the calendar quarter in which the testing occurred, for a
thermal biomass unit rated greater than 30 MMBtu/hr, particulate matter
emission rate from the most recent stack test report; and
(3) Within 45
days of the end of the calendar quarter in which the testing occurred, for a
thermal biomass unit rated less than 100 MMBtu/hr, the most recent test report
demonstrating compliance with best management practices.
(c) Each eligible electric biomass source shall
file with the department within 45 days of the end of each calendar quarter the
following:
(1)
Documentation showing the source’s average NOx emission rate for such
quarter as required by RSA 362-F:12, III;
(2)
Documentation showing the source’s particulate matter emission rates for
the most recent particulate matter stack test results as required by RSA
362-F:12, III;
(3) If a
co-fired electric generating facility, documentation of compliance with the
emission reduction plan for other NOx emission sources, as applicable; and
(4) If a co-fired electric generating facility or
eligible electric biomass technology, documentation of compliance with the
emission reduction plan for other PM emission sources, as applicable.
(d) Documentation for purposes of (c) above shall
include copies of the applicable pages from the excess emission report from the
subject quarter and the most recent particulate matter stack test report.
(e) Within 10 days of receiving notice from the
department that a facility conditionally certified pursuant to paragraph (a)
has met the department’s emissions standards pursuant to RSA 362-F:12, III, the
commission shall certify the facility as eligible to be issued certificates.
(f) An eligible electric biomass facility that
otherwise meets the eligibility requirements of Class III but which, as of
January 1, 2012, was not eligible due to inability to achieve the particulate
matter emissions rate specified in RSA 362-F:2, VIII(a), and which obtains
department approval of an alternative plan under RSA 362-F:2, VIII(a), shall
inform the commission of the approved plan and the commission shall determine
the eligibility of the source in accordance with the department-approved plan
pursuant to RSA 362-F:11, IV.
(g) A biomass facility generating electricity
shall verify compliance with the emission standard for particulate matter by
conducting a stack test in accordance with Env-A 800 and as follows:
(1) For
purposes of initial certification the testing shall occur prior to the first
quarter for which the facility wishes to produce RECs;
(2) Except as
provided for in RSA 362-F:12, II, the results of the most recent stack test
shall be valid for use in verifying the particulate emission rate beginning
with the calendar quarter following the stack test and for 3 subsequent
calendar quarters;
(3) If a
facility conducts a stack test that fails to demonstrate compliance with the
particulate emission standard, the facility shall be deemed to have not met the
particulate emission standard for the quarter in which the unsuccessful test
was performed; and
(4)
Notwithstanding (3) above, the unit may demonstrate that it meets the
particular emission standard for a quarter in which it fails a test if it
subsequently passes a test and the operating hours between the failed and
passing tests represent less than 10 percent of the unit’s total operating time for that quarter.
(h) All eligible electric biomass technologies
and any thermal biomass renewable energy technology rated equal to or greater
than 100 MMBtu/hour gross heat input shall verify compliance with the emission
standards for NOx through continuous emission monitors in compliance with Env-A
808, including but not limited to the following:
(1) A biomass
facility shall conduct a relative accuracy test audit of the continuous
emission monitor to certify the accuracy of the NOx emissions data at least
once every 4 calendar quarters, and prior to the quarter for which the facility
first wishes to produce RECs; and
(2) The
continuous emission monitor for measurement of NOx emission data shall have
data availability equal to or greater than 90 percent per calendar quarter as specified
in Env-A 808 for the verification of NOx emissions.
(i) A thermal biomass unit rated greater than 3
MMBtu/hour and less than 30 MMBtu/hour gross heat input shall verify compliance
with the emission standard for particulate matter by conducting a one-time
stack test prior to the first quarter in which the unit intends to produce
RECs. The stack test shall be conducted
in accordance with Env-A 800.
(j) A thermal biomass unit rated equal to or
greater than 30 MMBtu/hour shall verify compliance with the emission standard
for particulate matter by conducting a stack test in accordance with Env-A 800
and as follows:
(1) For
purposes of initial certification, the testing shall occur prior to the first
quarter for which the facility wishes to generate credits;
(2) Except as
provided for in RSA 362-F:12, II, the results of the most recent stack test may
be used to verify the particulate emission rate for the period beginning with
the calendar quarter following the stack test and for 3 subsequent calendar
quarters;
(3) If a
facility conducts a stack test that fails to demonstrate compliance with the
particulate emission standard, the facility shall be deemed to not have met the
particulate standard for the quarter in which the unsuccessful test was
performed; and
(4)
Notwithstanding (3) above, the unit may demonstrate that it met the
particulate emission standard for a quarter in which it failed a test if it
subsequently passes a test and the operating hours between the failed and
passing tests represent less than 10 percent of the unit’s total operating
hours for that quarter.
(k) A thermal biomass unit rated less than 100
MMBtu/hour gross heat input shall verify compliance with best management
practices as determined and approved by the department in accordance with the
report entitled “Emission Controls for Small Wood-Fired Boilers,” prepared for
the United States Forest Service, Western Forestry Leadership Coalition by RSG
Inc., May 6, 2010, available at http://www.biomasscenter.org/images/stories/FSE_PM_Emissions.pdf, as specified in Appendix B.
(l) The provisions of Puc 2505.11 shall apply to
biomass facilities.
(m) A thermal biomass boiler shall only be
eligible to be issued RECs when burning eligible biomass fuels. The source shall keep records to verify the
thermal output resulting from combustion of eligible biomass fuels.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.05 Certification of Incremental
New Production.
(a) A generation facility that uses biomass,
methane, or hydroelectric technologies to produce energy shall be eligible to
participate as a Class I source upon certification by the commission under this
rule.
(b) The commission shall certify a biomass,
methane, or hydroelectric generation facility as an eligible Class I source
under this rule when the applicant demonstrates completion of capital
investments attributable to efficiency improvements, additions of capacity, or
increased renewable energy output that are sufficient, were intended, and can
be demonstrated to increase annual renewable electricity output.
(c) The commission shall limit the certification
of an applicant under this rule to the amount of incremental new production
directly attributable to the new capital investments that formed the basis of
the application.
(d) A Class III source eligible as a Class I
source may notify the commission that it elects to be a Class III source
instead of Class I Source. Once
such notice is given, the commission shall notify the GIS administrator that
the production from that source shall qualify for Class III certificates
beginning with the immediately following quarter, provided the source meets the
other requirements of a Class III eligible biomass technology.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.06 Certification of Repowered
Class III or IV Sources.
(a) A Class III or Class IV source shall be
eligible to participate as a Class I source upon certification by the
commission under this rule.
(b) The commission shall certify a Class III or
Class IV source as a Class I source under this rule when the source has demonstrated
that:
(1) It has made
new capital investments for the purpose of restoring unusable generation
capacity or adding to existing capacity, in light of the department’s
environmental permitting requirements or otherwise; and
(2) Eighty
percent of the applicant’s tax basis in the resulting plant and equipment of
the eligible generation capacity, including department permitting requirements
for new plants, but exclusive of any tax basis in real property and intangible
assets, is derived from the new capital investments.
(c) Except as provided in Puc 2505.06(e), an
applicant certified as eligible under this rule to participate as a Class I
source shall be deemed no longer certified as a Class III or Class IV source.
(d) The entire energy output of an eligible
repowered Class I source shall be eligible for certificates.
(e) A Class III source eligible as a Class I
source may notify the commission that it elects to be a Class III source
instead of Class I source. Once such notice is given, the commission
shall notify the GIS administrator that the production from that source shall
qualify for Class III certificates beginning with the immediately following
quarter, provided the source meets the other requirements of a Class III
eligible biomass technology.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.07 Certification of Formerly Nonrenewable Energy Electric Generation
Facilities as Repowered Class I Sources.
(a) An
electric generation unit that is not qualified as a renewable energy source may
become eligible to participate as a Class I source when it demonstrates that:
(1) It has made
new capital investments for the purpose of repowering with eligible biomass
technologies or methane gas and complies with the certification requirements of
Puc 2505.04, if using biomass fuel; and
(2) Eighty
percent of the applicant’s tax basis in the resulting generation unit,
including department permitting requirements for new plants, but exclusive of
any tax basis in real property and intangible assets, is derived from the new
capital investments.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc
2505.08 Certification of Combined
Heat and Power Facilities.
(a) A combined heat and power facility which
seeks certification as a Class I or Class III source shall provide the
following information in addition to the application required in Puc 2505.02
and Puc 2505.04:
(1) Proof that the system meets the requirements
of Puc 2505.02(c) if the applicant seeks to qualify the facility for its
electric generation;
(2) Proof that the system meets the requirements
of Puc 2505.02(d) if the applicant seeks to qualify the facility for the useful
thermal energy produced;
(3) A description of the total system efficiency;
and
(4) Certification that the meters measuring
thermal energy output comply with Puc 2506.04.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc 2505.09 Certification of
Biodiesel Production Facilities.
(a)
Eligibility determinations of facilities that produce biodiesel shall be
conditional as required by RSA 362-F:4, I (m).
(b)
In order to maintain eligibility established through approval of the
application required under Puc 2505.02(f), a biodiesel producer shall submit an
annual report each year, including the following:
(1) Evidence of certification of licenses for
each commercial meter at the biodiesel production facility from the department
of agriculture, markets, and food, division of weights and measures;
(2) Verification of testing and certification of
each such commercial meter by a licensed service technician;
(3) Certification of compliance with all
applicable federal, state, and local air emissions and water discharge
standards, or a detailed description of all violations of or non-compliance
with such standards;
(4) A list of all customers to whom or to which
the producer has made direct sales of biodiesel during the year; and
(5) Certification by the producer that none of
its direct-sale customers for which the producer is claiming certificates for
biodiesel production is also claiming
certificates for the customer’s biodiesel use through the thermal REC program.
(c) The producer shall file the annual report
required under (b) above on or before January 31 of each year following the
year covered by the report.
(d) A biodiesel producer shall notify the
commission of any violation of or non-compliance with any applicable federal,
state, or local emissions or water discharge standards within 30 days of
notification of such violation or non-compliance from the regulating agency or
authority.
(e) A biodiesel producer shall notify the
commission of any material change in facts represented in its application or in
any annual report or prior notification submitted to the commission within 30
days following the occurrence of such change.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18
Puc 2505.10 Independent Monitors.
(a) An independent monitor shall verify the
electricity production of a customer-sited source, the production of useful
thermal energy from an eligible source, or the production of biodiesel from a
certified facility, and report such production and REC calculation to the
GIS. A source producing useful thermal
energy or a source producing biodiesel shall retain the services of an
independent monitor directly.
(b) A distribution utility shall be eligible to
serve as an independent monitor for customer-sited sources and sources
producing useful thermal energy within its service territory, without
submitting an application for qualification pursuant to (f) below, provided
that the distribution utility employs one or more persons to perform monitoring
tasks who meet the qualifications specified in paragraph (c) or (d) or are
approved meter readers.
(c) Except as provided in (b) above, an
independent monitor who verifies electrical production shall be one of the
following:
(1) An electrician licensed by the state of New
Hampshire and in good standing;
(2) A professional engineer licensed by the state
of New Hampshire and in good standing;
(3)
A certified building analyst
professional as certified by the Building Performance Institute, Inc. of Malta,
New York;
(4) A certified energy manager as certified by
the Association of Energy Engineers;
(5) A home energy rater as certified by
Residential Energy Services Network (RESNET); or
(6) An independent monitor certified under a
renewable portfolio standard program in another state.
(d) Except as provided in (b) above, an
independent monitor who verifies useful thermal energy production shall be one
of the following:
(1) A professional engineer licensed by the state
of New Hampshire and in good standing;
(2) A certified building analyst professional as
certified by the Building Performance Institute, Inc. of Malta, New York;
(3) A certified energy manager as certified by
the Association of Energy Engineers;
(4) A home energy rater as certified by
Residential Energy Services Network (RESNET);
(5) An independent monitor certified under a
renewable portfolio standard program in another state for monitoring useful
thermal energy;
(6) For verifying useful thermal energy from
solar thermal sources, a North American Board of Certified Energy Practitioners
(NABCEP) Certified Solar Heating Installer; or
(7) For verifying useful thermal energy from
geothermal sources, an International Ground Source Heat Pump Association
(IGSHPA) Accredited Geothermal Installer.
(e) An
independent monitor who verifies biodiesel production shall be one of the
following :
(1) A certified public accountant licensed by the
state of New Hampshire and in good standing;
(2) A professional engineer licensed by the state
of New Hampshire and in good standing;
(3) A certified energy manager as certified by
the Association of Energy Engineers; or
(4)
An independent monitor certified under the federal Renewable Fuel Standard
(RFS) Quality Assurance Program (QAP) for monitoring biodiesel production.
(f) To qualify as an independent monitor, an
applicant shall provide the commission with the following information:
(1) The name of the applicant;
(2) The business address of the applicant;
(3)
A copy of the license issued by the state of New Hampshire or such other
qualifying certification as may be applicable; and
(4) A description of how the applicant will be
compensated for its services.
(g) The commission shall certify as an
independent monitor an applicant meeting the requirements of paragraph (c),
(d), or (e) above, and shall maintain a list of certified independent monitors
on its web site.
(h) No source or facility shall use an
independent monitor who is a member of the immediate family of the owner of the
source or facility, holds a direct or indirect ownership interest in the source
or facility, is an employee of the source or facility, or is an aggregator of
certificates.
(i) The duties of an independent monitor certifying
electric or useful thermal energy production shall be:
(1) Except as provided in (j) below, to perform
an initial inspection of the source’s meters for accuracy and capability to
measure the electricity or useful thermal energy produced, unless the meter is
owned by a distribution utility that has already inspected it pursuant to Puc
305;
(2) To measure and verify quarterly the source’s
electricity or useful thermal energy production used to qualify for
certificates pursuant to the GIS operating rules; and
(3) To report the production of electricity or
useful thermal energy from the source and the REC calculation to the customer
and to the GIS quarterly in accordance with the GIS operating rules.
(j)
The independent monitor shall not be required to perform an initial
inspection of the meters installed at a customer-sited source if such meters
are installed in conjunction with the electric system in such a manner as to
provide verifiable, location-specific electricity production data to the
independent monitor through electronic transmission or interface.
(k)
The duties of an independent monitor for certifying the production of
biodiesel shall be:
(1)
To verify the biodiesel production, sales, and certification information
submitted to the independent monitor under Puc 2506.08;
(2) To calculate REC production using the methodology
described in Puc 2506.09 and report the biodiesel producer’s production of RECs
to GIS on a quarterly basis; and
(3)
To audit the biodiesel producer’s or biodiesel distributor’s records when
directed by the commission to verify submitted biodiesel production or sales information.
(l) An independent monitor shall not receive
compensation for monitoring services that is a function of the number of
certificates issued to any source or facility using the independent monitor.
(m) An independent monitor shall provide the
commission with notice prior to discontinuing services as an independent
monitor.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14;
ss by #12473, eff 2-1-18 (from Puc 2405.09)
Puc
2505.11 Suspension of Eligibility to
Produce Certificates for Biomass Facilities.
(a) The commission shall suspend the certification of
a facility that uses biomass fuels for one or more calendar quarters when the
department informs the commission that one of the following events has
occurred:
(1) The facility has failed to verify that it
complies with the requirements of RSA 362-F:4, I(f), (k) and (l) relative to
NOx emissions or an alternative plan to reduce NOx emissions, and RSA 362-F:12,
I relative to NOx emissions monitoring;
(2) The facility has failed to comply with the
requirements of RSA 362-F:4, I(f), (k), and (l) relative to particulate
emissions or an alternative plan to reduce particulate emissions and RSA
362-F:12, II relative to stack testing;
(3) The facility has failed to comply with the
requirements of RSA 362-F:4, I(l) relative to best management practices;
(4) The facility has failed to comply with the
requirement in RSA 362-F:12, III to provide a quarterly or annual filing to the
commission and department relative to emissions monitoring and stack testing
and an alternative emissions reduction plan, if applicable; or
(5)
The facility fails to meet any of the applicable requirements in Puc 2505.04.
(b) The suspension of certification pursuant to
(a) above shall be for so long as the facility has not verified that it
complies with the emission requirements, including best management practices.
(c) A facility suspended pursuant to (a) above
shall have its suspension lifted upon demonstration to the commission of
certification by the department that it meets the emission requirements and is
operating in accordance with best management practices.
(d) Upon
demonstration pursuant to (c) above, the facility shall be certified to be
issued certificates as of the next calendar quarter.
(e) Prior to
any suspension under this section, the facility shall have an opportunity for
hearing as described in Puc 2505.15.
Source. #9037, INTERIM, eff 11-27-07, EXPIRED:
5-25-08
New. #9169, eff 6-3-08; ss by #10741, eff 12-5-14
(from Puc 2505.12); ss by #12473, eff 2-1-18 (from Puc 2505.10)
Puc 2505.12 Suspension
of Eligibility to Produce Certificates for Biodiesel Production Facilities.
(a) The commission
shall suspend the eligibility of a biodiesel production facility for one or
more calendar quarters if any of the following has occurred:
(1) Failure of
the biodiesel producer to notify the commission of any applicable federal,
state, or local air emissions or water discharge standards violations or
non-compliance within 30 days as required under Puc 2505.09(d);
(2) Misrepresentation
of biodiesel production or sales information in reports submitted by the
biodiesel producer;
(3)
Misrepresentation of biodiesel sales to New Hampshire end users in summary
distributor reports submitted to the independent monitor;
(4) Failure to
submit an annual report or notification of material change to the commission
when required;
(5) Failure of
the biodiesel producer to comply with any applicable federal, state, or local
air emissions or water discharge standards; or
(6) Other
misrepresentation by the biodiesel producer in any application or report
submitted to the commission.
(b) The commission shall suspend the eligibility
of a biodiesel producer pursuant to (a) above through the following process:
(1) Commission
staff shall review the failure or misrepresentation and propose suspension
terms and conditions to the biodiesel producer;
(2) If the biodiesel
producer agrees with the proposed suspension terms and conditions, then a
stipulation of suspension shall be prepared and filed with the commission, and
the suspension shall be effective as of and for the number of calendar quarters
specified in the stipulation; and
(3) If the
biodiesel producer does not agree with the proposed suspension terms and
conditions, then the producer shall have the opportunity for an adjudicative
proceeding with a hearing before the commission, pursuant to Puc 2505.15.
(c) The period of any suspension
under (a) above shall be determined with the objective of deterring future
failures or misrepresentations of the type specified in (a)(1) through (a)(6)
above, based on consideration of the following factors:
(1) The severity of the failure or
misrepresentation;
(2) Whether the failure or misrepresentation was
unintentional or immaterial;
(3) Whether the biodiesel producer acted in good
faith to comply with all applicable statutory and regulatory requirements;
(4) Facts, actions, or
conditions, if any, that might excuse or justify a particular failure or
misrepresentation; and
(5) Other relevant
information pertaining to the business practices of the biodiesel producer.
(d) All REC
eligibility suspensions under this section shall be prospective only and, once
created, no certificate shall be disqualified or removed from the GIS system.
Source. #9169, eff
6-3-08; ss by #10741, eff 12-5-14 (from Puc 2505.13); ss by #12473, eff 2-1-18
Puc 2505.13 Suspension
of Eligibility to Produce Certificates.
(a) The
commission shall suspend the eligibility of a renewable energy source for one
or more calendar quarters if any of the following has occurred:
(1) Misrepresentation
of information or a false statement in any application or report submitted by
the source to the commission;
(2)
Misrepresentation of information or false statement in any report or
submission to the independent monitor for a customer-sited source; or
(3) Failure to
submit a notification of material change to the commission when required.
(b) The commission shall suspend the eligibility
of a renewable energy source pursuant to (a) above through the following
process:
(1) Commission
staff shall review the misrepresentation, false statement, or failure and
propose suspension terms and conditions to the source;
(2) If the
source agrees with the proposed suspension terms and conditions, then a
stipulation of suspension shall be prepared and filed with the commission, and
the suspension shall be effective as of and for the number of calendar quarters
specified in the stipulation; and
(3) If the
source does not agree with the proposed suspension terms and conditions, then
the source shall have the opportunity for an adjudicative proceeding with a hearing
before the commission, pursuant to Puc 2505.15.
(c) The period of any suspension
under (a) above shall be determined with the objective of deterring future misrepresentations or failures of the type
specified in (a)(1) through (a)(3) above, based on consideration of the
following factors:
(1) The severity of the
misrepresentation or failure;
(2) Whether the misrepresentation or failure was
unintentional or immaterial;
(3) Whether the
renewable energy source owner acted in good faith to comply with all applicable
statutory and regulatory requirements;
(4) Facts,
actions, or conditions, if any, that might excuse or justify a particular
misrepresentation or failure; and
(5) Other relevant information
pertaining to the business practices of the source owner.
(d) All REC eligibility suspensions under this
section shall be prospective only and, once created, no certificate shall be
disqualified or removed from the GIS system.
Source. #12473, eff
2-1-18
Puc
2505.14 Notification of Change.
(a) A renewable energy source certified under
this part shall notify the commission in writing and within 10 days whenever
there is a change in ownership, primary fuel, or any other information
contained in its application for certification.
(b) The commission shall revoke the certification
of a renewable energy source when it determines upon investigation that any
changed circumstances have rendered that source ineligible under RSA 362-F and
this chapter.
(c) The commission shall modify the certification
of a renewable energy source when it determines upon investigation that any
changed circumstances affecting the source require such modification to reflect
the effect of such changed circumstances.
(d) All REC eligibility revocations or modifications
under this section shall be prospective only and, once created, no certificate
shall be disqualified or removed from the GIS system.
Source. #12473, eff
2-1-18 (formerly Puc 2505.11)
Puc
2505.15 Adjudicative Proceedings;
Rehearing Requests.
(a) Prior to suspending eligibility under Puc
2505.12 or Puc 2505.13, or revoking or modifying a certification under Puc
2505.14(b), the commission shall provide the certificate holder with notice and
an opportunity for an adjudicative proceeding pursuant to RSA 541-A:30 and Puc
203. The certificate holder shall
request a hearing within 30 days of receiving such notice, or its right to a
hearing shall be waived.
(b) For all others directly affected by a
decision under this part, including, but not limited to, an applicant whose
eligibility certification is denied, a motion for rehearing pursuant to RSA
541:3 shall be filed within 30 days of the decision with which the party is
aggrieved, in conformance with the provisions of Puc 203.02, Puc 203.04, and Puc
203.07.
Source. #12473, eff
2-1-18 (formerly Puc 2505.12)
PART Puc 2506
METERING, Verification, and
Reporting
Puc
2506.01 Metering of All Renewable
Energy Sources.
(a) Electricity generation in megawatt-hours,
useful thermal energy expressed in megawatt-hours, and biodiesel production
expressed in megawatt-hours shall be measured and verified in accordance with
ISO-NE and GIS operating rules and this part.
(b) For each submission to GIS, the owner of a
renewable energy source, the independent monitor, or the designated
representative shall state in writing that the data is accurate.
(c) Each renewable energy source shall maintain all
metering equipment in accordance with the manufacturer’s specifications and
recommendations.
Source. #9169, eff
6-3-08; ss by #10741, eff 12-5-14; ss by #12473, eff 2-1-18
Puc
2506.02 Metering of Customer-Sited
Sources.
(a) A customer-sited source shall use a revenue
quality meter or other meter tested
and certified by the manufacturer to meet ANSI C-12 standards to measure
the electricity generated.
(b) A customer-sited source shall certify to the
independent monitor that the meter operates to the manufacturer’s standards.
(c)
A customer-sited source shall maintain the meter according to the manufacturer’s
recommendations.
Source. #9169, eff 6-3-08; ss by
#10741, eff 12-5-14 (from Puc 2505.10); ss by #12473, eff 2-1-18
Puc
2506.03 Metering of Co-Fired Electric
Generating Sources.
(a) A co-fired source shall measure and verify
electricity generation in accordance with the GIS operating rules effective October
1, 2017 and available at http://www.nepoolgis.com/wp-content/uploads/sites/3/2017/09/GIS-Operating-Rules-Effective-10-1-17.pdf?x41232, as
specified in Appendix B, and shall use electric meters that satisfy the requirements of Puc 900.
(b) For co-fired sources, the source shall
calculate the portion of electricity generated from the combustion of Class I
biomass fuels quarterly based on the heat input of the facility by measuring
the energy content of each combusted fuel using the low heat value as
combusted, the mass or volumetric input flow of each of the fuels combusted,
and the total electricity produced.
(c) For any Class I biomass fuel, the initial
energy content shall be based on the average of a minimum of 5 samples of that fuel taken over
the course of the initial quarter, or on
the fuel supply contract for that fuel delivered in the initial quarter.
(d) If all the values for the energy content from
the samples are within 5 percent of the average value of the samples, on a dry
basis, then beginning with the subsequent quarter, the co-fired source may use
a value for energy content from annual sampling of the Class I biomass fuel.
Source. #10741, eff 12-5-14; ss by
#12473, eff 2-1-18
Puc
2506.04 Metering of Sources that
Produce Useful Thermal Energy.
(a) Sources producing useful thermal energy shall
comply with this part in metering production of useful thermal energy.
(b) Sources shall retain an independent monitor
to verify the useful thermal energy produced.
(c) Sources shall take data readings for the
measurement of useful thermal energy at least every hour. The useful thermal energy produced shall be
totaled for each 24 hour period, each monthly period, and each quarter.
(d) Sources
shall install heat meters to measure thermal energy output in accordance with
the manufacturer’s specifications and as specified in this part. The heat meters shall operate within the
conditions for which the meter accuracies are guaranteed.
(e) Large thermal sources using a liquid or air
based system shall measure the useful thermal energy produced using one of the
following methods:
(1)
Installation and use of heat meters with an accuracy that complies with
European Standard BS EN 1434-1 (2015 edition) published by CEN, the European
Committee for Standardization, available as specified in Appendix B, and that
complies with paragraph (k), (l) or (m).
The heat meter shall have the highest class flow meter that will cover
the design flow range at the point of measurement and a temperature sensor pair
of Class 5K or lower. Compliance shall
be confirmed by a professional engineer licensed by the state of New Hampshire
and in good standing;
(2)
Installation and use of meters that do not comply with subparagraph
(e)(1), provided that the manufacturers’ guaranteed accuracy of the meters is
±5.0% or better, and provided that a professional engineer licensed by the
state of New Hampshire and in good standing confirms that the meters were
installed and operate according to the manufacturers’ specifications and in
accordance with paragraph (k), (l) or (m); or
(3) Use of an
alternative metering method approved pursuant to Puc 2506.06, provided that the
accuracy of any such method is ±5.0% or better, and provided that a
professional engineer licensed by the state of New Hampshire and in good
standing confirms that the source implemented the alternative method as
approved by the commission and certifies that the alternative method achieves
the stated accuracy of ±5.0% or better.
(f) Large thermal sources using a steam-based
system shall measure the useful thermal energy produced using one of the
following methods:
(1)
Installation and use of meters with accuracy of ±3.0% or better, which
compliance shall be confirmed by a professional engineer licensed by the state
of New Hampshire and in good standing and in accordance with (m) below;
(2)
Installation and use of meters that do not comply with the accuracy of
subparagraph (f)(1), provided that the manufacturer’s guaranteed accuracy of
the meters is ±5.0% or better, and provided that a professional engineer
licensed by the state of New Hampshire and in good standing confirms that the
meters were installed and operate according to the manufacturer’s
specifications and in accordance with (m) below; or
(3) Use of an
alternative metering method approved pursuant to this section, provided that
the accuracy of any such method is ±5.0% or better, and provided that a
professional engineer licensed by the state of New Hampshire and in good
standing confirms that the source implemented the alternative method and
confirms that the alternative method achieves the stated accuracy of ±5.0% or
better.
(g) Small thermal sources shall measure useful
thermal energy produced using one of the following methods:
(1) For any
small thermal sources, the methods described in (e) or (f) above;
(2) For small thermal sources using solar thermal
technologies, the method described in (h) below;
(3) For small
thermal sources using geothermal technologies, the method described in (i)
below; or
(4) For small
thermal sources using thermal biomass technologies, the method described in (j)
below.
(h) Small thermal sources that elect pursuant to
(g)(2) above to measure useful thermal energy pursuant to this paragraph shall
calculate useful thermal energy produced by small thermal sources using solar
technologies as follows:
(1) “Q” means
thermal energy generated, stated in Btus;
(2) “R” means
the Solar Rating and Certification Corporation (SRCC) OG100 rating on Medium
Radiation (1500 Btu/ft2.day) C (36º F) Conditions, stated in
thousands of Btus per day;
(3) “L” means
the orientation and shading losses calculated based on solar models such as
Solar Pathfinder, T-sol, Solmetric, or another functionally equivalent solar
model, converted from a percentage to the equivalent number less than one;
(4) “t” means
the total operating run time of the circulating pump as metered, stated in
hours;
(5) “h” means 11 hours per day to convert the SRCC
OG100 rating to an hourly basis, the conversion factor; and
(6) To
calculate Q, the useful thermal energy produced by small thermal sources using
solar technologies, the source shall compute the product of R, t, 1,000 and the
result of 1 minus L, and divide the result by h, as in the formula below:
Q = [R * t * 1,000 * (1 –
L)] / h
(i) Small thermal sources that elect pursuant to
(g)(3) above to measure useful thermal energy pursuant to this paragraph shall
calculate useful thermal energy produced by small thermal sources using
geothermal technologies as follows:
(1) “Q” means
thermal energy generated, stated in Btus;
(2) “HC” means
the Air Conditioning, Heating and Refrigeration Institute (AHRI) certified
heating capacity at part load, stated in Btus per hour;
(3) “COP” means
the AHRI Certified Coefficient of Performance;
(4) “t” means
total operating run time of the heat
pump when operating in heating mode, stated in hours; and
(5) Small
thermal sources using geothermal technologies shall calculate Q, the useful
thermal energy produced for each heat pump, by multiplying heat pump HC by the
difference between heat pump COP and 1, multiplying the result by t, and
dividing the result by COP, as in the formula below:
Q = [HC * (COP – 1) * t] /
COP
(j) Small thermal sources that elect pursuant to
(g)(4) above to measure useful thermal energy pursuant to this paragraph shall
calculate useful thermal energy produced by small thermal sources using thermal
biomass renewable energy technologies as follows:
(1) “Q” means
the thermal energy generated, stated in Btus;
(2) “D” means
the default pellet density, which shall be 0.0231 pounds per cubic inch;
(3) “R” means
the auger revolutions per hour;
(4) “V” means
auger feed volume, stated in cubic inches per auger revolution;
(5) Small
thermal sources shall assume that V equals one of the following:
a. 5 cubic
inches per revolution for augers with a 2-inch inside diameter;
b. 20 cubic
inches per revolution for augers with a 3-inch inside diameter;
c. 50 cubic
inches per revolution for augers with a 4-inch inside diameter;
d. 95 cubic
inches per revolution for augers with a 5-inch inside diameter; or
e. 150 cubic
inches per revolution for augers with a 6-inch inside diameter;
(6) “EC” means
the default energy content of pellet fuel, which shall be 7870 Btu per pound;
(7) “ASE” means the default thermal efficiency
expressed as a percentage based on the manufacturer’s warranty of average
seasonal thermal efficiency, or based on a default thermal efficiency of 65%;
(8) “t” means
the total auger run time in hours as metered;
(9) The
estimated amount of fuel burned, that
is, the product of D, R, V and t, shall be verified by the fuel purchase
records and fuel inventory; and
(10) Small
thermal sources using thermal biomass renewable energy technologies with wood pellets
as the fuel source may calculate Q, the useful thermal energy produced, by
computing the product of D, R, V, EC, ASE and t, as in the formula below:
Q = (D * R * V * EC * ASE *
t)
(k) Large thermal sources, and small thermal
sources that elect pursuant to (g)(1) above, using solar thermal technologies
shall calculate useful thermal energy as follows:
(1) “Qg”
means the heat generated in the collector loop, stated in Btus;
(2) “dm/dt”
means the mass flow of the collector working fluid measured near the inlet to
the solar storage tank, stated in pounds per hour;
(3) “cp”
means the specific heat of the collector fluid, stated in Btus per pound of mass, degrees Fahrenheit (Btu/lbm-°F);
(4) “Ti” means
the collector loop inlet temperature measured near the outlet of the solar
storage tank, stated in degrees Fahrenheit;
(5) “To” means
the collector loop outlet temperature measured near the inlet to the solar
storage tank, stated in degrees Fahrenheit;
(6) “t” means
the frequency at which data readings are recorded, stated in hours;
(7) Meter
sensors shall be installed on the collector loop as close to the water storage
tank as practical and in accordance with the meter manufacturer’s guidance; and
(8) Thermal
sources using solar thermal technologies shall calculate Q, the useful thermal
energy produced, by calculating the product of dm/dt, cp, the
difference between To and Ti, and t, as stated in the formula below:
Qg = (dm/dt)*cp
*(To –Ti) * t
(l) Large thermal sources, and small thermal
sources that elect pursuant to (g)(1) above, using geothermal technologies
shall calculate useful thermal energy as follows:
(1) “Qg”
means heat generated in the ground loop, stated in Btus;
(2) “dm/dt”
means mass flow measured near the outlet of the ground loop, stated in pounds
per hour;
(3) “cp”
means specific heat of the working fluid, stated in Btu/lbm-°F;
(4) “t” means
the frequency at which data readings are recorded, stated in hours;
(5) “Ti” means
ground loop inlet temperature measured at the inlet to the ground loop, stated
in degrees Fahrenheit;
(6) “To” means
ground loop outlet temperature measured at the outlet from the ground loop,
stated in degrees Fahrenheit;
(7) Bleed
points, supplemental boilers, and cooling towers shall be excluded from the
calculation;
(8) Meter sensors shall be installed on the ground
loop as close to the ground loop inlet and outlet as practical and in
accordance with the manufacturer’s recommendation; and
(9) Thermal
sources using geothermal technologies shall calculate Q, the useful thermal
energy produced, by calculating the product of dm/dt, cp, the
difference between To and Ti, and t, as stated in the formula below:
Qg = (dm/dt) * cp
* (To –Ti) * t
(m) Large thermal sources, and small thermal
sources that elect pursuant to (g)(1) above, using thermal biomass renewable
energy technologies shall calculate useful thermal energy as follows:
(1) “Qg”
means the thermal energy generated from biomass, stated in Btu;
(2) “dmout/dt”
means mass flow metered upstream of distribution and downstream of parasitic
loads, stated in pounds per hour;
(3) “hout”
means the specific enthalpy at the metering point determined by temperature
data and, for superheated steam, by pressure data, stated in Btus per pound;
(4) “dmin/dt”
means mass flow of water into the feedwater or condensate pumps, stated in
pounds per hour;
(5) “hin”
means the specific enthalpy at the metering point which will be a function of
the enthalpy of incoming condensate and make-up water prior to the first
condensate or feedwater pumps, stated in Btus per pound;
(6) “t” means
the intervals at which readings are recorded, stated in hours;
(7) All
metering systems shall measure boiler feedwater flow, pressure, and temperature
as close to the first feedwater pump inlet as possible, thereby excluding the
deaerator;
(8) Metering
for systems that produce hot water shall include sensors for temperature and
hot water mass flow placed as close as possible to the boiler hot water
distribution header inlet;
(9) Metering
for systems that produce steam shall include sensors for temperature, pressure,
and steam flow placed as close as possible to the steam distribution header
inlet and thereby prior to distribution to process loads;
(10) For saturated
steam systems, pressure and temperature shall be measured to verify the absence
of superheat at the measurement point;
(11) For
superheated systems, both pressure and temperature measurements shall be
required;
(12) Regardless
of phase, the enthalpy under the measured conditions shall either be calculated
using the formulas in The International Association for the Properties of Water
and Steam (IAPWS) Revised Release on
the IAPWS Industrial Formulation 1997 for the Thermodynamic Properties of Water
and Steam, August 2007 revision, http://www.iapws.org/relguide/IF97-Rev.pdf, as specified in Appendix B, or taken from IAPWS or
derivative steam tables; and
(13) Thermal
sources using thermal biomass renewable energy technologies shall calculate Q,
the useful thermal energy produced, by calculating the product of dmout/dt,
(hout), and t, and subtract from that number the product of dmin/dt,
hin and t, as stated in the formula below:
Qg = [dmout/dt
*(hout) * t]-[dmin/dt *(hin) * t]
Source. #10741, eff 12-5-14; ss by
#12473, eff 2-1-18
Puc
2506.05 Calculation of Certificates
for Production of Useful Thermal Energy.
(a) Sources producing useful thermal energy, the
independent monitor, or the designated representative shall report to GIS the
useful thermal energy produced and the amount of RECs calculated pursuant to
this part, as verified by the source’s independent monitor.
(b) Useful thermal energy shall be expressed and
reported in megawatt-hours where each 3,412,000 Btus of useful thermal energy
is equivalent to one megawatt-hour.
(c) Small thermal sources shall receive
certificates based on the useful thermal energy produced as metered pursuant to
Puc 2506.04(e) or (f) and discounted, as applicable, by the discount for meter
accuracy pursuant to (e) below or as calculated pursuant to Puc 2506.04(h),
(i), or (j).
(d) Large thermal sources shall receive
certificates based on the useful thermal energy calculated pursuant to Puc 2506.04(e)
or (f), discounted by the sum of the percentage discount for meter accuracy
pursuant to (e) below and the percentage discount for operating energy or
parasitic load and thermal storage losses pursuant to (f) below.
(e) The discount factor for meter accuracy
referenced in (c) and (d) above shall be one of the following:
(1) If the
meters used to measure useful thermal energy output comply with the accuracy of
the European Standard EN 1434 as provided in Puc 2506.04(e)(1) or the accuracy
pursuant to Puc 2506.04(f)(1), there shall be no meter accuracy discount; or
(2) If the
meters used to measure useful thermal energy output do not comply with the
accuracy of the European Standard EN 1434 as provided in Puc 2506.04(e)(1) or
the accuracy pursuant to Puc 2506.04(f)(1), the applicable meter discount shall
be the manufacturer’s guaranteed accuracy of the meters used or the accuracy of
the alternative method approved pursuant to Puc 2506.06.
(f) The discount factor for large thermal sources
for operating energy or parasitic load and thermal energy losses referenced in
paragraph (d) shall be one of the following:
(1) For sources
using solar thermal technology, the discount factor shall be 3.0% of the useful
thermal energy produced as measured pursuant to Puc 2506.04;
(2) For sources
using geothermal technology, the discount factor shall be 3.6% of the useful
thermal energy produced as measured pursuant to Puc 2506.04; or
(3) For sources
using thermal biomass renewable energy technology, the discount factor shall be
2.0% of the useful thermal energy produced as measured pursuant to Puc 2506.04.
Source. #10741, eff 12-5-14; ss by
#12473, eff 2-1-18
Puc
2506.06 Request for Alternative
Method for Measuring Thermal Energy.
(a) A source shall not use an alternative
metering method until that alternative method is approved by the commission.
(b) A source seeking approval of an alternative
method shall provide the commission the following information:
(1) The name, mailing address, daytime telephone
number, and e-mail address of the person requesting approval for the
alternative method;
(2) The name
and location of the source at which the alternative method will be implemented;
(3) A
description of the metering method otherwise required by these rules and the
reasons it cannot be used with the applicant’s facility;
(4) A
description of the proposed alternative method;
(5) Technical
data and information demonstrating that the accuracy of the proposed
alternative method will be functionally equivalent to that achieved by the
method otherwise required by these rules, such data and information may include
third party data such as product test results from independent test
laboratories, performance data based on nationally recognized product
test/certification programs, published resource data for use in calculations,
and examples of the use of the method by other organizations for similar
purposes; and
(6) A statement
from a professional engineer licensed by the state of New Hampshire and in good
standing of the meter accuracy rate that will be achieved by the alternative
metering method and that the proposed alternative method is technologically
sound.
(c) The commission shall approve an alternative
metering method that satisfies the requirements of (b) above.
Source. #10741, eff 12-5-14; ss by
#12473, eff 2-1-18
Puc
2506.07 Metering of Biodiesel
Production.
(a) A biodiesel producer shall install commercial
meters to measure the production and sales volumes of biodiesel produced at its
facility.
(b) The biodiesel producer shall maintain the
commercial volume meters with current licenses and certifications from the department
of agriculture, markets, and food, division of weights and measures, and shall:
(1) Pursuant to
Puc 2505.09(b), certify that the installed commercial volume meters have been
licensed and are subject to current certifications from technicians licensed by
the department of agriculture, markets, and food; and
(2) Renew
annually the licenses for the commercial volume meters through the department
of agriculture, markets, and food, division of weights and measures.
Source. #12473, eff 2-1-18
Puc
2506.08 Verification and Reporting
for Biodiesel Production.
(a) In order to obtain certificates, a biodiesel
producer shall submit to its independent monitor on a quarterly basis a producer
report, including the following documents and information:
(1) The monthly
biodiesel facility production and sales volumes with detailed supporting
documentation as specified below:
a. A completed
department of safety, road toll bureau, Form MFD 1-S/AF, “Motor Fuel &
Aviation Fuel Distributor Report,” or a Form BDF 1, “Biodiesel Fuel Distributor
Report,” in either case as is required under RSA 260:38 and Saf-C 300 to be
filed with the department of safety for each monthly reporting period,
including schedules and inventory report attachments that provide a record of
facility production and sales by customer and fuel type; or
b. Documentation providing a record for each
quarterly period of the following information:
i. Monthly
production and inventory records documenting the volumes of biodiesel that were
produced and sold at the facility; and
ii. Monthly
sales records documenting when sales of biodiesel from the production facility
occurred, the customers purchasing such biodiesel, and the volumes of biodiesel
sold to such customers;
(2) A summary
of the producer’s direct sales by month, including identification of
direct-sale customers, volumes sold to such direct-sale customers, the date of
such sales, and, for any large biodiesel end users, the efficiency ratings of
the end users’ thermal energy systems; and
(3)
Identification of any large biodiesel end users purchasing biodiesel
directly from the producer who or which are participating in the thermal REC
program through combustion of the producer’s biodiesel to produce useful
thermal energy, and the volumes of biodiesel sold to such end users, or
certification that no such direct-sale large biodiesel end users are so
participating in the thermal REC program.
(b) In order to obtain certificates, a biodiesel
producer also shall arrange for its distributors to submit directly to the
independent monitor on a quarterly basis a distributor sales summary report,
including the following documentation and information:
(1) A summary
of the distributor’s sales volume by month of biodiesel produced by the
producer and sold by the distributor to New Hampshire thermal end users,
including volume calculations taking into account product blend levels; and
(2) An agreement
of the distributor that its retail sales summary reports may be audited by the
independent monitor as directed by the commission.
Source. #12473, eff 2-1-18
Puc
2506.09 Calculation of Certificates
for Production of Biodiesel.
(a) When calculating the certificates to be
issued to a biodiesel producer, the independent monitor shall use the following
assumptions and calculations to determine an end-user efficiency rating (ER):
(1) An ER of
81% shall be used to calculate energy production from all biodiesel sales
volumes, with the exception of direct sales by the producer to large biodiesel
end users; and
(2) The actual
thermal efficiency rating (ET) of the end user’s system shall be
used for all volumes of biodiesel sold by the producer directly to any large
biodiesel end user, as provided by the producer to the independent monitor.
(b) The independent monitor shall use the
following method to calculate the quantity of certificates for which a
biodiesel producer is eligible:
(1) ER shall be
as specified in (a) above;
(2) “Total verified
sales (TVS)” means the total volume in gallons of sales to New Hampshire
thermal end users that is verified through supporting records and documentation
submitted to the independent monitor, excluding volumes sold directly to any
large biodiesel end user participating in the thermal REC program;
(3) Thermal
energy production (TEP) shall be calculated as:
TEP = Btu/gallon x TVS x ER,
where one gallon of biodiesel contains 127,000 Btus,
per the U.S. Department of Energy Biodiesel Handling and Use Guide, Fifth
Edition, November 2016, available at http://biodiesel.org/docs/using-hotline/nrel-handling-and-use.pdf?sfvrsn=4,
as specified in Appendix B; and
(4) RECs shall
be calculated pursuant to the following formula: TEP x MWh/Btu = Total MWh of
electricity equivalent, where 3,412,000 Btus is equivalent to one MWh.
Source. #12473, eff 2-1-18
PART
Puc 2507 AGGREGATION OF CERTIFICATES
Puc 2507.01 Registration.
(a) A
person not otherwise qualified to obtain certificates may purchase, combine,
and re-sell certificates if such person registers as an aggregator pursuant to
this section.
(b) To register as an aggregator, an applicant
shall provide the following information:
(1) The name of
the aggregator;
(2) The address
and telephone number of the aggregator;
(3) Identification of the independent monitor or
monitors responsible for verifying the production of energy from the applicable
sources or facilities; and
(4) Certification that there exists no prohibited
relationship, as defined in Puc 2507.02(b), between the aggregator and any such
independent monitor or monitors.
(c) An aggregator may aggregate certificates only
if:
(1) The associated
energy produced uses the same energy resource and technology, as described in
Puc 2502.07, Puc 2502.08, Puc 2502.09 and Puc 2502.10;
(2) The energy
associated with the certificates was produced in the same year; and
(3) Each source
to be aggregated has a unique GIS number.
(d) An aggregator shall provide the commission
with at least 30 days’ notice before discontinuing the provision of aggregation
services.
Source. #9169, eff
6-3-08; ss by #10741, eff 12-5-14 (from Puc 2506.01); #12473, eff 2-1-18
Puc 2507.02 Prohibited
Relationships.
(a) An aggregator shall not aggregate
certificates from a customer-sited source, a source producing useful thermal
energy, or a facility producing biodiesel, if the aggregator has a prohibited
relationship to an independent monitor for such source or facility.
(b) For purposes of this part, “prohibited
relationship” means:
(1) A direct or
indirect ownership interest comprising at least ten percent of the stock or
other equity of an entity;
(2) Common
direct or indirect ownership of at least ten percent;
(3) Membership
in the same household or immediate family; or
(4) Service as
an officer, director, partner, employee, agent, or fiduciary.
(c) If a prohibited relationship pursuant to (b)
exists between an independent monitor and any member of an aggregator’s
household or immediate family, then the aggregator shall also be deemed to have
such a prohibited relationship pursuant to this section.
Source. #9169, eff
6-3-08; ss by #10741, eff 12-5-14 (from Puc 2506.02); #12473, eff 2-1-18
PART Puc 2508
RENEWABLE ENERGY FUND
Puc
2508.01 Source of Fund. All alternative compliance payments deposited
pursuant to Puc 2503.02 with the state treasurer shall be held in a nonlapsing
account to be known as the renewable energy fund. The commission shall account separately for
alternative compliance payments received in connection with Class II portfolio
standards.
Source. #10741, eff
12-5-14 (from Puc 2507.01); ss by #12473, eff 2-1-18
Puc
2508.02 Renewable Energy Initiatives.
(a) The commission shall periodically issue a
request for proposals for initiatives to be supported by the renewable energy
fund. All such initiatives shall be
located in New Hampshire.
(b) In determining whether and to what extent it
will dedicate money from the renewable energy fund to proposals submitted
pursuant to (a) above, the commission shall consider the extent to which:
(1) The
initiative expands the supply of renewable energy certificates for use to
comply with the portfolio;
(2) The
initiative is likely to be cost-effective;
(3) The
initiative promotes market transformation, innovation, and energy cost savings;
(4) The
initiative will reduce New Hampshire’s electrical peak load, or fossil fuel
consumption as well as defer or eliminate local utility distribution plant
expenditures;
(5) The
initiative is likely to result in economic development and environmental
benefits for New Hampshire;
(6) The
initiative increases fuel diversity in the production of electricity or useful
thermal energy for consumption in New Hampshire; and
(7) The
applicant has the capacity to successfully complete the initiative.
(c) The
commission on its own motion shall dedicate funds for those initiatives that it
finds are:
(1) Substantially consistent with the factors set forth in
(b) above;
(2)
Realistically proposed and achievable by the applicant; and
(3)
Most likely, on balance, to advance the purposes of RSA 362-F, within
the constraint of available funds.
(d) The commission shall allocate Class II
alternative compliance payments into the renewable energy fund, on an annual
basis, primarily to projects and initiatives that support eligible solar
technologies.
(e) The
commission shall allocate not less than 20 percent of Class I, II, III and IV
alternative compliance payments received on an annual basis to customer-sited
renewable energy projects or sources producing thermal energy of up to and
including one megawatt in gross nameplate capacity, system design capacity, or
the equivalent thermal output provided that such projects meet the requirements
of Puc 2508.03.
(f) Pursuant to RSA 362-F:10, VIII, the
commission on its own motion and after notice and hearing shall establish
rebate programs for renewable energy projects of up to and including one
megawatt in gross nameplate capacity, system design capacity, or equivalent
thermal output, to be supported by the fund allocated pursuant to (e) above.
Source. #10741, eff 12-5-14 (from Puc
2507.03); ss by #12473, eff 2-1-18
Puc 2508.03 Customer-Sited
or Thermal Energy Projects.
(a) The provisions of this part shall apply to
customer-sited sources or thermal energy sources producing up to and including
one megawatt in gross nameplate capacity, system design capacity, or equivalent
thermal output.
(b) Persons
seeking rebate or incentive funds for customer-sited projects or thermal energy
projects from the renewable energy fund shall apply according to this section.
(c) For
residential applicants, the project shall be located in New Hampshire and the
rebate or incentive payment shall be made as directed by RSA 362-F:10, V.
(d) For all
other applicants, the project shall be located in New Hampshire, the end use
customer or owner of the project shall be interconnected to a provider of
electricity, and the rebate or incentive payment shall be made to the owner of
the project.
(e) Applicants
shall provide the following information:
(1) The name,
address and telephone number of the applicant;
(2) The location
of the proposed project;
(3) The owner
of the project;
(4) The type of
technology used in the proposed project; and
(5) The gross
nameplate capacity or system design capacity of the proposed project.
(f) Applicants shall include a signed contract
with a primary installer or vendor that provides customers with a turnkey
service.
(g) The commission shall notify an applicant by
letter if the application is accepted for funding from the renewable energy
fund, including the amount, in dollars, that may be provided through the
renewable energy fund.
(h) Prior to receiving any monies from the
renewable energy fund, the applicant shall demonstrate that the project is
installed and operating by providing the following:
(1) For
projects generating useful thermal energy, a written statement from an
appropriate local official that the project is installed and operating in
conformance with applicable codes, including applicable safety, zoning and
building codes, and has received any required inspections; or
(2) For
projects generating electricity, a written statement from the distribution
utility that the interconnection between
the project and the distribution utility complies with the applicable
interconnection, testing, and operational requirements, though not necessarily
the net metering requirements, of Puc 900, “Net Metering for Customer-Owned
Renewable Energy Generation Resources of 1,000 Kilowatts or Less,” or in the
alternative, Puc 307.06.
(i) Upon demonstration that the project is installed
and operating, the commission shall issue the rebate based on the approved
application.
Source. #10741, eff
12-5-14 (from Puc 2507.04); ss by #12473, eff 2-1-18
Puc
2508.04 Audit. A recipient of
any monies disbursed from the renewable energy fund shall make its books,
records, and facilities available to the commission for the purpose of allowing
the commission to discharge its audit responsibilities pursuant to RSA
362-F:10, I.
Source. #10741, eff
12-5-14; ss by #12473, eff 2-1-18
APPENDIX A
|
Rule |
Statute |
|
|
|
|
Puc 2501.01 |
RSA 362-F:13 |
|
Puc 2501.02 |
RSA 362-F |
|
Puc 2501.02(a) |
RSA 362-F:13; RSA 362-F:3 |
|
Puc 2501.02(b) |
RSA 362-F:13; RSA 362-F:6 |
|
Puc 2501.02(c) |
RSA 362-F:13; RSA 362-F:10 |
|
Puc 2501.02(d) |
RSA 362-F:13; RSA 362-F:6
and 7 |
|
Puc 2502.01 |
RSA 362-F:13; RSA 362-F:10 |
|
Puc 2502.02(a) |
RSA 362-F:13; RSA 362-F:2,
I; RSA 362-F:4, I(j) |
|
Puc 2502.02(b) |
RSA 362-F:13; RSA 362-F:2,
I; RSA 362-F:4, I(j) |
|
Puc 2502.03 |
RSA 362-F:13; RSA 362-F:4,
I(m); RSA 362-A:1-a, I-b |
|
Puc 2502.04 |
RSA 362-F:13; RSA 362-F:2,
II |
|
Puc 2502.05 |
RSA 362-F:13; RSA 362-F:4,
I(i) |
|
Puc 2502.06 |
RSA 362-F:13; RSA 362-F:2,
III |
|
Puc 2502.07 |
RSA 362-F:13; RSA 362-F:4, II |
|
Puc 2502.07(a) |
RSA 362-F:13; RSA 362-F:4,
I(a), (c), (d), (e), and (f) |
|
Puc 2502.07(b) |
RSA 362-F:13; RSA 362-F:4,
I(b), (g), and (l) |
|
Puc 2502.07(c) |
RSA 362-F:13; RSA 362-F:4,
I(h) |
|
Puc 2502.07(d) |
RSA 362-F:13; RSA 362-F:4,
I(i) |
|
Puc 2502.07(e) |
RSA 362-F:13; RSA 362-F:4,
I(j) |
|
Puc 2502.07(f) |
RSA 362-F:13; RSA 362-F:4,
I(k) |
|
Puc 2502.07(g) |
RSA 362-F:13; RSA 362-F:4, I(m) |
|
Puc 2502.08 |
RSA 362-F:13; RSA 362-F:4,
II |
|
Puc 2502.09 |
RSA 362-F:13; RSA 362-F:4,
III |
|
Puc 2502.10 |
RSA 362-F:13; RSA 362-F:4,
IV |
|
Puc 2502.11 |
RSA 362-F:13; RSA 362-F:4,
I(k) |
|
Puc 2502.12 |
RSA 362-F:13; RSA 362-F:2,
IV |
|
Puc 2502.13 |
RSA 362-F:13; RSA 362-F:2,
XII |
|
Puc 2502.14 |
RSA 362-F:13; RSA 362-F:2,
V |
|
Puc 2502.15 |
RSA 362-F:13; RSA 362-F:2,
VI |
|
Puc 2502.16 |
RSA 362-F:13; RSA 362-F:2,
VII |
|
Puc 2502.17 |
RSA 362-F:13 |
|
Puc 2502.18 |
RSA 362-F:13; RSA 362-F:2,
VIII |
|
Puc 2502.19 |
RSA 362-F:13; RSA 362-F:2,
IX |
|
Puc 2502.20 |
RSA 362-F:13 |
|
Puc 2502.21 |
RSA 362-F:13; RSA 362-F:6,
I |
|
Puc 2502.22 |
RSA 362-F:13; RSA 362-F:2,
X |
|
Puc 2502.23 |
RSA 362-F:13; RSA 362-F:6,
I |
|
Puc 2502.24 |
RSA 362-F:13; RSA 362-F:4,
I(i) |
|
Puc 2502.25 |
RSA 362-F:13; RSA 362-F:6,
II |
|
Puc 2502.26 |
RSA 362-F:13; RSA 362-F:4,
I(m) |
|
Puc 2502.27 |
RSA 362-F:13; RSA 362-F:2,
XV-a |
|
Puc 2502.28 |
RSA 362-F:13; RSA 362-F:2,
XI |
|
Puc 2502.29 |
RSA 362-F:13; RSA 362-F:6,
II |
|
Puc 2502.30 |
RSA 362-F:13; RSA 362-F:3 |
|
Puc 2502.31 |
RSA 362-F:13; RSA 362-F:2,
XIII |
|
Puc 2502.32 |
RSA 362-F:13; RSA 362-F:2,
XIV |
|
Puc 2502.33 |
RSA 362-F:13; RSA 362-F:10 |
|
Puc 2502.34 |
RSA 362-F:13; RSA 362-F:2,
XV |
|
Puc 2502.35 |
RSA 362-F:13; RSA 362-F:3 |
|
Puc 2502.36 |
RSA 362-F:13 |
|
Puc 2502.37 |
RSA 362-F:13; RSA 362-F:2,
XV-a |
|
Puc 2502.38 |
RSA 362-F:13; RSA 362-F:12 |
|
Puc 2502.39 |
RSA 362-F:13; RSA 362-F:2,
XV-a |
|
Puc 2502.40 |
RSA 362-F:13; RSA 362-F:2,
XV-a |
|
Puc 2503.01 |
RSA 362-F:13; RSA 362-F:3;
RSA 362-F:14; RSA 362-F:15 |
|
Puc 2503.02 |
RSA 362-F:13; RSA 362-F:10 |
|
Puc 2503.03 |
RSA 362-F:13; RSA 362-F:8 |
|
Puc 2503.04 |
RSA 362-F:13; RSA 362-F:6,
II-a |
|
Puc 2503.05 |
RSA 362-F:13; RSA 362-F:7 |
|
Puc 2504.01 |
RSA 362-F:13; RSA 362-F:6,
IV; RSA 362-F:4, I(m) |
|
Puc 2504.02 |
RSA 362-F:13; RSA 362-F:7 |
|
Puc 2505.01 |
RSA 362-F:13; RSA 362-F:11 |
|
Puc 2505.02 |
RSA 362-F:13; RSA 362-F:11,
I |
|
Puc 2505.03 |
RSA 362-F:13; RSA 362-F:13,
V |
|
Puc 2505.04 |
RSA 362-F:13; RSA 362-F:4,
I(l); RSA 362-F:11, III; RSA 362-F:12 |
|
Puc 2505.05 |
RSA 362-F:13; RSA 362-F:4,
I(i) |
|
Puc 2505.06 |
RSA 362-F:13; RSA 362-F:4,
I(j) |
|
Puc 2505.07 |
RSA 362-F:13; RSA 362-F:4,
I(l) |
|
Puc 2505.08 |
RSA 362-F:13; RSA 362-F:4,
I(l) |
|
Puc 2505.09 |
RSA 362-F:13; RSA 362-F:4,
I(m) |
|
Puc 2505.10 |
RSA 362-F:13; RSA 362-F:6,
II |
|
Puc 2505.11 |
RSA 362-F:13; RSA 362-F:12 |
|
Puc 2505.12 |
RSA 362-F:13; RSA 362-F:4,
I(m); RSA 362-F:11 |
|
Puc 2505.13 |
RSA 362-F:13; RSA 362-F:11 |
|
Puc 2505.14 |
RSA 362-F:13; RSA 362-F:11,
II |
|
Puc 2505.15 |
RSA 362-F:13; RSA 362-F:11;
RSA 362-F:12 |
|
Puc 2506.01 |
RSA 362-F:13; RSA 362-F:6 |
|
Puc 2506.02 |
RSA 362-F:13; RSA 362-F:6,
II; RSA 362-F:7, II |
|
Puc 2506.03 |
RSA 362-F:13; RSA 362-F:4,
I(k) |
|
Puc 2506.04 |
RSA 362-F:13, VI-a |
|
Puc 2506.05 |
RSA 362-F:13, VI-a |
|
Puc 2506.06 |
RSA 362-F:13, VI-a |
|
Puc 2506.07 |
RSA 362-F:13, VI-b |
|
Puc 2506.08 |
RSA 362-F:13, VI-b |
|
Puc 2506.09 |
RSA 362-F:13, VI-b |
|
Puc 2507.01 |
RSA 362-F:13; RSA 362-F:6,
II |
|
Puc 2507.02 |
RSA 362-F:13; RSA 362-F:6,
II |
|
Puc 2508.01 |
RSA 362-F:13; RSA 362-F:10 |
|
Puc 2508.02 |
RSA 362-F:13; RSA 362-F:10,
I |
|
Puc 2508.03 |
RSA 362-F:13; RSA 362-F:10,
I |
|
Puc 2508.04 |
RSA 362-F:13; RSA 362-F:10,
I |
APPENDIX B:
INCORPORATION BY REFERENCE INFORMATION
|
Rule |
Title
(date) |
Source |
|
Puc
2505.02(d)(15)d Puc 2505.04(k) |
“Emission
Controls for Small Wood-Fired Boilers,” May 6, 2010, prepared for the United
States Forest Service, Western Forestry Leadership Coalition, by Resource
Systems Group, Inc. |
Western
Forestry Leadership Coalition 2850 Youngfield Street Lakewood, CO
80215 Available at: http://www.biomasscenter.org/images/stories/emissions_rpt.pdf |
|
Puc
2506.03(a) |
GIS
Operating Rules, effective October 1, 2017 |
New
England Power Pool Generation 224
Airport Parkway, Suite 500 San
Jose, CA 95110 Available
at: http://www.nepoolgis.com/wp-content/uploads/sites/3/2017/09/GIS-Operating-Rules-Effective-10-1-17.pdf?x41232 |
|
Puc
2506.04(e)(1) |
European
Standard BS EN 1434-1, 2015 edition |
CEN,
the European Committee for Standardization, Available
for $128.00 at: http://www.offerstandards.com/bs-en-1434-12015 |
|
Puc
2506.04(m)(12) |
The International Association for the Properties
of Water and Steam Revised Release on the IAPWS Industrial Formulation 1997
for the Thermodynamic Properties of Water and Steam, August 2007 revision |
The International Association for the Properties
of Water and Steam Available at: http://www.iapws.org/relguide/IF97-Rev.pdf |
|
Puc 2506.09(b)(3) |
U.S. Department of Energy Biodiesel Handling and Use
Guide, Fifth Edition, November 2016 |
U.S.
Department of Energy 1000 Independence Ave. SW Washington DC 20585 Also available at: http://biodiesel.org/docs/using-hotline/nrel-handling-and-use.pdf?sfvrsn=4 |