Oregon Bulletin
April 1, 2011
Rule
Caption: Recognizes a national
certification organization to certify low-impact hydroelectric facilities.
Adm.
Order No.: DOE 1-2011
Filed with Sec. of
State: 2-22-2011
Certified to be
Effective: 2-22-11
Notice Publication
Date: 1-1-2011
Rules Adopted: 330-160-0040
Rules Amended: 330-160-0015
Rules Repealed: 330-160-0015(T), 330-160-0040(T)
Subject: These rules recognize the Low Impact hydropower
Institute as the national agency to certify hydroelectric facilities as low
impact for purposes of the Oregon Renewable Portfolio Standard.
Rules Coordinator: Kathy Stuttaford—(503) 373-2127
330-160-0015
Definitions
For the purposes of Oregon Administrative Rules,
Chapter 330, Division 160, the following definitions apply unless the context
requires otherwise:
(1) “Banked Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(2) “Bundled Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(3) “Compliance Year” has the meaning in ORS 469A.005.
(4) “Department” means the Oregon Department of Energy.
(5) “Director” means the Director of the Oregon
Department of Energy.
(6) “Electricity Service Supplier” has the meaning in
ORS 469A.005.
(7) “Electric Utility” has the meaning in ORS 469A.005.
(8) “Qualifying Electricity” has the meaning in ORS 469A.005.
(9) “Renewable Energy Certificate” (REC or Certificate)
means a unique representation of the environmental, economic, and social
benefits associated with the generation of electricity from renewable energy
sources that produce Qualifying Electricity. One Certificate is created in
association with the generation of one megaWatt-hour (MWh) of Qualifying
Electricity. While a Certificate is always directly associated with the
generation of one MWh of electricity, transactions for Certificates may be
conducted independently of transactions for the associated electricity.
(10) “Renewable Energy Source” has the meaning in ORS
469A.005.
(11) “RPS” means the Oregon renewable portfolio
standard as established in ORS 469A.
(12) “Unbundled Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(13) “Vintage” means the month and year that qualifying
electricity was created in accordance with WREGIS protocol.
(14) “WREGIS” means the Western Renewable Energy
Generation Information System which is the renewable energy certificate
tracking and reporting system established by the California Energy Commission
and the Western Governors Association and governed by the Western Electricity
Coordinating Council for use by states and provinces throughout the western
power interconnection.
Stat. Auth.: ORS 469A.130
Stats. Implemented: ORS 469A.130 -
469A.145
Hist.: DOE 6-2008, f. & cert.
ef 9-3-08; DOE 11-2010(Temp), f. & cert. ef. 8-31-10 thru 2-26-11; DOE
1-2011, f. & cert. ef. 2-22-11
330-160-0040
Low-impact Hydro Electric
Facilities
Pursuant to ORS 469A.020(4), the Department recognizes
the Low Impact Hydropower Institute (LIHI) as the national agency to certify
hydroelectric facilities as low impact for purposes of the Oregon RPS. A
hydroelectric generation facility with current certification from the Low
Impact Hydropower Institute and that complies with other requirements of ORS
469A is eligible for the Oregon RPS.
Stat. Auth.: ORS 469A.025, OL
2010, Ch. 71(SS)
Stats. Implemented: ORS 469A.025
Hist.: DOE 11-2010(Temp), f. &
cert. ef. 8-31-10 thru 2-26-11; DOE 1-2011, f. & cert. ef. 2-22-11
Rule
Caption: Expands the Renewable Portfolio
Standard and addresses programmatic implementation issues.
Adm.
Order No.: DOE 2-2011
Filed with Sec. of
State: 3-4-2011
Certified to be
Effective: 3-4-11
Notice Publication
Date: 1-1-2011
Rules Adopted: 330-160-0050
Rules Amended: 330-160-0015, 330-160-0020, 330-160-0025, 330-160-0030
Subject: Pursuant to ORS 496A.130, the Oregon Department of
Energy (Department) is responsible for determining whether electricity
generating unit’s (GU’s) are entitled to receive Oregon-eligible Renewable
Energy Certificates (REC’s). Oregon utilities are REC’s to comply with the
obligations under Oregon’s Renewable Portfolio Standard (RPS). Previously, in
OAR 330-160-0020, the Department selected the Western Renewable Energy
Generation Information System (WREGIS) as the electronic tracking system for
Oregon RECs’. These rules carry out the amendments to ORS 469A in Or Laws 2001,
ch. 71 (HB 3649) (Special Session) Or Laws 2010, ch. 17 (HB 3674) (Special
Session) that increased the number of GU’s that may acquire Oregon REC’s. The
rules also address other issues related to administering Oregon’s RPS,
including the potential failure of WREGIS’s to create and track RECs associated
with certain electricity.
Rules Coordinator: Kathy Stuttaford—(503) 373-2127
330-160-0015
Definitions
For the purposes of Oregon Administrative Rules,
Chapter 330, Division 160, the following definitions apply unless the context
requires otherwise:
(1) “Banked Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(2) “Bundled Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(3) “Compliance Year” has the meaning in ORS 469A.005.
(4) “Department” means the Oregon Department of Energy.
(5) “Director” means the Director of the Oregon
Department of Energy.
(6) “Electricity Service Supplier” has the meaning in
ORS 469A.005.
(7) “Electric Utility” means an electric company or
consumer-owned utility that is engaged in the business of distributing
electricity to retail electricity consumers in this state.
(8) “Qualifying Electricity” has the meaning in ORS
469A.005.
(9) “Renewable Energy Certificate” (REC or Certificate)
means a unique representation of the environmental, economic, and social
benefits associated with the generation of electricity from renewable energy
sources that produce Qualifying Electricity. One Certificate is created in
association with the generation of one MegaWatt-hour (MWh) of Qualifying
Electricity. While a Certificate is always directly associated with the
generation of one MWh of electricity, transactions for Certificates may be
conducted independently of transactions for the associated electricity.
(10) “Renewable Energy Source” has the meaning in ORS
469A.005.
(11) “RPS” means the Oregon renewable portfolio
standard as established in ORS 469A.
(12) “Stranded electricity” means qualifying
electricity that:
(a) Was generated between January 1, 2007 and the
effective date of these rules by a generating unit that was registered in
WREGIS on or before the effective date of these rules and;
(b) Is not associated with a WREGIS-issued renewable
energy certificate and;
(c) Was reported to the Department on or before March
11, 2011.
(13) “Unbundled Renewable Energy Certificate” has the
meaning in ORS 469A.005.
(14) “Vintage” means the month and year that qualifying
electricity was created in accordance with WREGIS protocol or an interim
tracking system approved by the Department pursuant to OAR 330-160-0020(4).
(15) “WREGIS” means the Western Renewable Energy
Generation Information System, which is the renewable energy certificate
tracking and reporting system established by the California Energy Commission
and the Western Governors Association and governed by the Western Electricity
Coordinating Council for use by states and provinces throughout the western
power interconnection.
Stat. Auth.: ORS 469A.130
Stats. Implemented: ORS 469A.130 -
469A.145
Hist.: DOE 6-2008, f. & cert.
ef 9-3-08; DOE 11-2010(Temp), f. & cert. ef. 8-31-10 thru 2-26-11; DOE
1-2011, f. & cert. ef. 2-22-11; DOE 2-2011, f. & cert. ef. 3-4-11
330-160-0020
Establishment of Renewable Energy
Certificate System
(1) Except as otherwise provided in OAR
330-160-0030(4), renewable energy certificates that are issued, monitored,
accounted for and transferred by or through the regional renewable energy
certificate system and trading mechanism known as the Western Renewable Energy
Generation Information System (WREGIS) shall be the only renewable energy
certificates that can be used by an electric utility or electricity service
supplier to establish compliance with the Oregon Renewable Portfolio Standard
(RPS).
(2) All entities that wish to demonstrate compliance or
participate in the renewable energy certificate system associated with the
Oregon RPS must establish and maintain accounts in good standing with the
WREGIS renewable energy certificate system. These entities must comply with all
information, data reporting and verification requirements of WREGIS and the WREGIS
Operating Rules, including costs required for compliance. These accounts must
be established before January 1, 2009 or before the earliest vintage of
Certificate to be used to comply with the Oregon RPS, whichever is later.
(3) All entities that wish to demonstrate compliance or
participate in the renewable energy certificate system associated with the
Oregon RPS must participate in the system in accordance with the WREGIS
Operating Rules, except as otherwise provided in 330-160-0030(4). The Operating
Rules for WREGIS are publicly available from the WREGIS web site at
www.wregis.org under the “Operating Rules” section. If there are substantial
changes to the WREGIS Operating Rules which, at the Director’s discretion, may
significantly impact the ability of the WREGIS renewable energy certificate
system to facilitate the Oregon RPS the Director may, after public consultation
with interested parties, implement rulemaking to address those concerns.
(4) If, by July 1, 2011, the Department determines that
the WREGIS system cannot be used to retroactively create renewable energy
certificates for each megawatt hour of stranded electricity, the Department
will establish an interim tracking system for the singular purpose of ensuring
that stranded electricity can be used to comply with the Oregon RPS. The
interim tracking system will issue, monitor, account for and permit transfer of
renewable energy certificates associated with stranded electricity for the
purposes of compliance with the Oregon RPS. Renewable energy certificates
created by the interim tracking system may be used to establish compliance with
the Oregon RPS to the same extent as renewable energy certificates issued by
WREGIS.
(a) To be eligible for the interim tracking system, an
electric utility, electricity service supplier, or generator must
electronically provide the Department the following information:
(A) Generation data, including metering data, identical
to that required by WREGIS; and
(B) Attestation from an officer of the electric
utility, electricity service supplier, or generator stating that the
information being provided pursuant to 330-160-0020(4) is true and accurate to
the best of their knowledge; and
(C) Additional information requested by the Department
necessary to process a generating unit’s stranded electricity in the interim
tracking system.
(b) The Department may conduct verification audits for
all stranded electricity issued RECs through the interim tracking system or may
designate an independent third party for verification services. Any electric
utility, electricity service provider or generator that has participated in the
interim tracking system is subject to these verifications.
Stat. Auth.: ORS 469A.130
Stats. Implemented: ORS 469A.130
Hist.: DOE 6-2008, f. & cert.
ef 9-3-08; DOE 2-2011, f. & cert. ef. 3-4-11
330-160-0025
Types of Renewable Energy
Certificates
(1) A bundled or unbundled renewable energy certificate
may be used to comply with the RPS when it is issued through the WREGIS
renewable energy certificate system or a Department approved interim tracking
system pursuant to OAR 330-160-0020(4), , and is otherwise consistent with the
rules and requirements of the Oregon RPS. The Department will identify those
generating facilities eligible for creation of Certificates that can be used to
satisfy the Oregon RPS.
(2) Each bundled renewable energy certificate used to
comply with the RPS must be supported by documentation demonstrating that one
megawatt-hour of electricity that was associated with the bundled renewable
energy certificate was delivered to the Bonneville Power Administration, to the
transmission system of an electric utility or to another delivery point
designated by an electric utility for the purpose of subsequent delivery to the
electric utility.
(3) To demonstrate that a renewable energy certificate
is bundled under Subsection (2) of this rule, an electric utility must either:
(a) Electronically affix to the certificate a valid
North American Electric Reliability Corporation (NERC) electronic tagging number
(“e-Tag”) or another unique identifier adopted by WREGIS or the Department,
which demonstrates that one megawatt hour of electricity was delivered to a
point described in Subsection (2) of this rule; or
(b) In a manner prescribed by the Department, submit
documentation to the Department demonstrating that:
(A) The renewable energy certificate for the qualifying
electricity was acquired by an electric utility or electricity service supplier
by a trade, purchase or other transfer of electricity that includes the
certificate that was issued for the electricity; or by an electric utility by
generation of the electricity for which the certificate was issued; and
(B) The qualifying electricity associated with the
bundled renewable energy certificate was initially delivered to a point
described in Subsection (2) of this rule.
(4) An electric utility required to demonstrate
compliance with the RPS through the use of bundled renewable energy
certificates, and which demonstrates that a renewable energy certificate is
bundled pursuant to 330-160-0025(3)(b), may be required to electronically affix
to that certificate a unique identifier adopted by WREGIS or the Department.
(5) The Department may conduct verification audits or
may designate a third party for verification services to review any
documentation submitted under Subsection (3) of this rule for purposes of
verifying compliance with the RPS.
(6) A bundled renewable energy certificate does not
need to demonstrate that the electricity identified by the NERC e-Tag is
qualifying electricity or that the originating source identified by the NERC
e-Tag is a renewable energy source.
Stat. Auth.: ORS 469A.130
Stats. Implemented: ORS 469A.135 -
469A.145
Hist.: DOE 6-2008, f. & cert.
ef 9-3-08; DOE 2-2011, f. & cert. ef. 3-4-11
330-160-0030
Allowed Vintage of Renewable
Energy Certificates
(1) The system of renewable energy certificates
established through this rule may be used to comply with or participate in the
Oregon RPS through the use of Certificates with a vintage of January 2007 or
later.
(2) No renewable energy certificate that derives from
the WREGIS renewable energy certificate system or from a Department approved
interim tracking system pursuant to OAR 330-160-0020(4) with a vintage before
January 2007 will be eligible for compliance with the Oregon RPS.
(3) Banked renewable energy certificates with a vintage
of January 2007 or later, both bundled and unbundled, may be held for future
use within the WREGIS renewable energy certificate system or a Department
approved interim tracking system pursuant to OAR 330-160-0020(4) to comply with
the Oregon RPS.
(4) Generating facilities that produce qualifying
electricity shall be eligible to receive certificates associated with
generation beginning on January 1, 2007.
Stat. Auth.: ORS 469A.130
Stats. Implemented: ORS 469A.130
Hist.: DOE 6-2008, f. & cert.
ef 9-3-08; DOE 2-2011, f. & cert. ef. 3-4-11
330-160-0050
Hydroelectric Facility Upgrades
(1) Efficiency upgrades from an Oregon RPS qualifying
hydroelectric facility, refers to additional incremental qualifying electricity
production at an existing hydroelectric facility due to upgrades to existing
generators, turbines and other Department-approved equipment changes.
Efficiency upgrades do not include increased generation achieved through
increased impoundments or increased appropriation or diversions of water.
(2) The Department will determine the eligibility of
incremental hydroelectric power production at an existing hydroelectric
facility for purposes of Oregon RPS compliance.
(a) Eligibility may not be based on any operational
changes at the facility that are not directly associated with efficiency
upgrades as defined in Subsection (1) of this rule.
(b) The determination of the percentage increase in the
efficiency of hydroelectric power production as described in Subsection (1) of
this rule shall be based on the best available evidence, including but not
limited to, representations by the Federal Energy Regulatory Commission or, for
federal projects, by the authorized power marketing agency or agencies with
jurisdiction over the federal projects.
(c) The annual electricity production eligible for
RPS-eligible renewable energy certificates is the annual hydroelectric power
production at the facility multiplied by the percentage increase in efficiency
from subsection (b) of this subsection.
(3) Capacity upgrades to a hydroelectric project are
not eligible under ORS 469A.025(4)(b) for the Oregon RPS. Capacity upgrades to
a hydroelectric project include any increase in generating capacity other than
an increase from an efficiency upgrade.
Stat. Auth.: ORS 469A.005 -
469A.210 & 469.040
Stats. Implemented: ORS 469A.005 -
469A.210
Hist.: DOE 2-2011, f. & cert.
ef. 3-4-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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