TITLE 39

Public Utilities and Carriers

CHAPTER 39-26.6

The Renewable Energy Growth Program

SECTION 39-26.6-16



   § 39-26.6-16  Enrollment program. –

(a) Each enrollment shall be open for a two-week (2) period during which the

electric-distribution company is required to receive standard, short-form

applications. The standard, short-form application shall require the applicant

to provide the following information: the project owner's identity; the

location of the proposed project; the nameplate capacity of the proposed

project; and renewable-energy class of the proposed project. The standard

short-form application shall allow project owners to provide additional

information relative to the permitting, financial feasibility, ability to

build, and timing for deployment of the proposed projects. The applicant must

submit an affidavit with the standard-short-form application confirming that

the project is not in violation of the rules that prohibit project

segmentation, as set forth in § 39-26.6-9.



   (b) For large distributed-generation projects only, the

standard short-form application shall also require the applicant to bid a

bundled price that applies to the energy, renewable energy certificates, and

all other environmental attributes and market products that are available, or

may become available, from the distributed-generation facility on a

per-kilowatt-hour basis measured from the output of the project. At the

election of the electric-distribution company, and subject to the approval of

the commission, the bid may be required to include the sale of capacity.



   (c) For (i) Small distributed-generation projects other than

small-scale and medium-scale solar projects; and (ii) Large

distributed-generation projects, the electric distribution company shall select

projects based on the lowest proposed prices received that do not exceed the

ceiling price from the distributed-generation projects that meet the

requirements of all applicable tariffs and regulations, and meet the criteria

of the renewable-energy class in effect, until the class target is met.

Performance-based incentives shall be awarded to the winning bidders based on

their bids submitted.



   (d) For small-scale and medium-scale solar projects, awards

shall be made in the manner set forth in §§ 39-26.6-15 and 39-26.6-19.



   (e) If there are more projects bidding at the same price than

the capacity that is specified for a class target, the electric-distribution

company shall, in consultation with the board and the office, select first

those projects that appear to be the furthest along in development and that are

most likely to be deployed. Those projects that are likely to be deployed at

the earliest time shall be selected first. To the extent the

electric-distribution company is unable to make a clear distinction on this

basis, the electric-distribution company shall report its findings to the board

and not award bids for those projects that are tied on pricing. In such case,

the board may take such action as it deems appropriate for the selection of

projects, including seeking more information from the projects.



   (f) Should the electric-distribution company determine that

it has made sufficient awards to achieve a program-year class target, it shall

immediately report this fact to the board, the office, and the commission, and

may cease making awards for that renewable-energy class for the remainder of

the program year. In any event, the electric-distribution company may exceed

the renewable energy class target if the last award may cause the total

purchased to exceed the target.



   (g) The board, the office, and the electric-distribution

company shall enter into a memorandum of understanding regarding the sharing of

the information and data related to the renewable-energy growth program,

including, without limitation, information on bids received, details regarding

project ownership, and pricing. At the request of the board, the office, or the

electric-distribution company, the commission shall have the authority to

protect from public disclosure individual bid information for any projects that

have not been awarded performance-based incentives.



   (h) The electric-distribution company is authorized to award

bids up to the applicable ceiling price. As long as the terms of the tariff are

met, and the pricing is no higher than the applicable ceiling price, such

awards shall be deemed prudent and approved by the commission for purposes of

recovering the costs in rates.



   (i) With respect to any procurement that includes bids from

pre-existing, hydro-electric generation, the electric-distribution company, in

consultation with the office, shall have the authority to accept the

applicant's representation that its investment is material, within the meaning

of § 39-26.6-3(4). However, if the electric-distribution company or the

office questions whether the material investment standard has been met or the

application is otherwise rejected, the application shall be submitted to the

board for review and the board shall draw its own conclusion and make a

recommendation to the commission at the time the commission is approving awards

from the procurement to which the application pertains. The commission shall

have the final authority to make the determination as to whether the material

investment standard has been met. Nothing in this paragraph shall preclude a

project developer from seeking a preliminary confirmation of eligibility for

the material-investment exemption from the electric-distribution company, the

office, and the board prior to the submittal of a bid. In such case, if there

is any disagreement, the final determination shall be submitted to the

commission.



History of Section.

(P.L. 2014, ch. 200, § 1; P.L. 2014, ch. 216, § 1.)