TITLE 39
Public Utilities and Carriers
CHAPTER 39-26.6
The Renewable Energy Growth Program
SECTION 39-26.6-20
§ 39-26.6-20 Issuance of certificates and
right to incentive payments.
(a) For small-scale and medium-scale solar projects, the electric-distribution
company shall provide certificates of eligibility to the selected projects
without commission confirmation of approval ("distribution company awarded
certificates"), subject to the review and consent of the office. The
electric-distribution company shall file with the commission a list of all such
distribution-company-awarded certificates.
(b) For commercial-scale and large-scale solar, and all other
distributed-generation projects, the electric-distribution company shall file
with the commission a list of the distributed-generation projects selected
together with the corresponding pricing information. Within sixty (60) days of
receipt of the list, the commission shall issue an order awarding certificates
of eligibility to the distributed-generation projects ("PUC awarded
certificates").
(c) Upon receipt of a PUC-awarded certificate or a
distribution-company certificate, a distributed-generation project shall be
entitled to receive, and the electric-distribution company shall pay and/or
credit (as applicable), the performance-based incentives for the specified
term, and under the terms and conditions of the applicable tariff in the manner
set forth below.
(d) The performance-based incentive shall be the
price-per-kilowatt-hour that was bid and awarded, or established as a standard
incentive, as applicable. The performance-based incentive shall be applied as a
price-per-kilowatt-hour for all kilowatt-hours actually produced from the
distributed generation (net of station service, if any) for the term of years
specified in the applicable tariff, less the value of any kilowatt-hour charges
that were offset by any net metering (if applicable) for the host customer
associated with the distributed generation for the billing month; provided,
however, if the value of kilowatt-hour charges that otherwise would be offset
by net metering in a given month exceeds the total value of the
performance-based incentive for the month, the customer shall not be subject to
any additional charge, nor receive any additional net-metering credit, for the
difference between the performance-based incentive value and net-metering value
for the month.
(e) Except as provided herein for residential, small-scale
solar projects, in every case where a distributed-generation project can be
configured for net metering, it shall be the election of the owner of such
generation to choose one of two (2) separate methods through which the owner
will be compensated for the performance-based incentive:
(1) The owner is compensated solely through direct payments
under the performance-based incentive provisions of this chapter for the life
of the tariff term with no net metering implemented; or
(2) The owner is compensated through a combination of direct
payments and the bill credit value of net metering for the life of the term of
the tariff under the provisions of this chapter.
(3) In the case of residential small-scale solar projects,
only option (2) shall be available.
(4) In either option, the total value of the
performance-incentive per-kilowatt-hour is the same. An owner shall have a
one-time right to switch the compensation methods after the generation
commences operation, provided that at least sixty (60) days notice is given to
the electric-distribution company. Thereafter, any further compensation method
switches shall be at the sole discretion of the electric distribution company
if requested again by the owner.
(f) Every owner who elects the compensation method shall:
(1) Receive compensation solely in the form of a check from
the electric-distribution company, or such other payment method that is
mutually agreed between the electric-distribution company and the owner; and
(2) Shall receive compensation in the form of offsets against
its electricity bill from the electric-distribution company from net metering
and the balance in the form of a check from the electric-distribution company,
or such other payment method that is mutually agreed upon between the
electric-distribution company and the owner; provided, however, that no owner
of a distributed-generation project may be compensated twice for the same
kilowatt hour of electricity, and that every self-generator shall receive the
full pecuniary benefit of its election to participate in the performance-based
incentive program.
(g) Every owner of a distributed-generation project that can
be configured for net metering that elects the first option for compensation
under the provisions of § 39-26.6-20(e) shall become eligible to net meter
its output in conformity with the provisions of existing law upon the
completion of the full term of the applicable tariff. Nothing in this section
shall preclude a customer from electing not to participate in the
performance-based program and electing simply to net meter under the provisions
of existing law; provided, however, once an election is made to participate,
the customer will remain subject to the performance-based tariff conditions and
may not terminate the arrangement without the consent of the electric
distribution company.
(h) As provided in § 39-26.6-9, any project developer
may designate a generation unit on the same parcel or contiguous parcel for net
metering, provided that such unit or portion of such unit designated for net
metering is not receiving performance-based incentives under this chapter, is
capable of being segregated electrically, is configured with such electrical
segregation, and is separately metered.
(i) All distributed-generation projects accepting
certificates shall be obligated to abide by all the terms and conditions of the
approved, applicable tariff.
History of Section.
(P.L. 2014, ch. 200, § 1; P.L. 2014, ch. 216, § 1.)
