TITLE 39

Public Utilities and Carriers

CHAPTER 39-26.6

The Renewable Energy Growth Program

SECTION 39-26.6-5



   § 39-26.6-5  Tariffs proposed and approved.

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(a) Each year, for a period of at least five (5) program years, the

electric-distribution company shall file tariffs with the commission that are

designed to provide a multi-year stream of performance-based incentives to

eligible renewable-distributed generation projects for a term of years, under

terms and conditions set forth in the tariffs and approved by the commission.

The tariffs shall set forth the rights and obligations of the owner of the

distributed-generation project and the conditions upon which payment of

performance-based incentives by the electric-distribution company will be paid.

The tariffs shall include the non-price conditions set forth in §§

39-26.2-7(2)(i) - (vii) for small distributed-generation projects (other than

small-and medium-scale solar) and large distributed-generation projects;

provided, however, that the time periods for such projects to reach ninety

percent (90%) of output shall be extended to twenty-four (24) months (other

than eligible anaerobic-digestion projects which shall be thirty-six (36)

months, and eligible small-scale hydro, which shall be forty-eight (48)

months). The non-price conditions in the tariffs for small-and medium-scale

solar shall take into account the different circumstances for distributed

generation projects of the smaller sizes.



   (b) In addition to the tariff(s), the filing shall include

the rules governing the solicitation and enrollment process. The solicitation

rules will be designed to ensure the orderly functioning of the

distributed-generation growth program and shall be consistent with the

legislative purposes of this chapter.



   (c) In proposing the tariff(s) and solicitation rules

applicable to each year, the tariff(s) and rules shall be developed by the

electric distribution company and will be reviewed by the office and the board

before being sent to the commission for its approval. The proposed tariffs

shall include the ceiling prices and term lengths for each tariff that are

recommended by the board. The term lengths shall be from fifteen (15) to twenty

(20) years, provided, however, that the board may recommend shorter terms for

small-scale solar projects. Whatever term lengths between fifteen (15) and

twenty (20) years are chosen for any given tariff, the evaluation of the bids

for that tariff shall be done on a consistent basis such that the same term

lengths for competing bids are used to determine the winning bids.



   (d) The board shall use the same standards for setting

ceiling prices as set forth in § 39-26.2-5. In setting the ceiling prices,

the board may specifically consider:



   (1) Transactions for newly developed renewable-energy

resources, by technology and size, in the ISO-NE control area and the northeast

corridor;



   (2) Pricing from bids received during the previous program

year;



   (3) Environmental benefits, including, but not limited to,

reducing carbon emissions;



   (4) System benefits; and



   (5) Cost effectiveness.



   (e) At least forty-five (45) days before filing the tariff(s)

and solicitation rules, the electric distribution company shall provide the

tariff(s) and rules in draft form to the board for review. The commission shall

have the authority to determine the final terms and conditions in the tariff

and rules. Once approved, the commission shall retain exclusive jurisdiction

over the performance-based incentive payments, terms, conditions, rights,

enforcement, and implementation of the tariffs and rules, subject to appeals

pursuant to chapter 5 of title 39.



History of Section.

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