Section 75.64. Alternative energy credit program administrator

(a) The Commission may select an independent entity to act as a program administrator and perform administrative functions necessary to the implementation of this chapter. If an independent entity is not selected to act as a program administrator, the Commission will perform the functions identified in this section.

(b) The program administrator will have the following powers and duties in regard to alternative energy system qualification:

(1) Distribute, receive and review applications for alternative energy system qualification.

(2) Reject applications that are incomplete or do not adhere to the application instructions.

(3) Determine whether an application satisfies the geographic eligibility standard in § 75.62(c) (relating to alternative energy system qualification) and reject applications that fail this standard.

(4) Qualify applicants for alternative energy system status who have filed a complete application, adhered to application instructions, satisfied the geographic eligibility standard, complied with environmental regulations and utilized an alternative energy fuel source or technology.

(5) The program administrator will provide written notice to applicants of its qualification decision within 30 days of receipt of a complete application form.

(c) The program administrator shall have the following powers and duties regarding the verification of compliance with this chapter:

(1) At the end of each reporting period, the program administrator shall verify EDC and EGS compliance with § 75.61 (relating to EDC and EGS obligations), and provide written notice to each EDC and EGS of an initial assessment of their compliance status within 45 days of the end of the reporting period.

(2) At the end of each true-up period, the administrator shall verify compliance with § 75.61 for EDCs and EGSs who were in violation of § 75.61 at the end of the reporting period. The administrator will provide written notice to each EDC and EGS of a final assessment of their compliance status within 15 days of the end of the true-up period.

(3) EDCs and EGSs shall provide all information to the program administrator necessary to verify compliance with § 75.61.

(4) The program administrator shall provide a report to the Commission within 45 days of the end of each reporting period and true-up period that identifies the compliance status of all EDCs and EGSs. The report provided after the end of the true-up period shall propose alternative compliance payment amounts for each EDC and EGS that is noncompliant with § 75.61 for that reporting period. As part of this report, the administrator shall identify the average market value of alternative energy credits derived from solar photovoltaic energy sold in the reporting period for each RTO that manages a portion of this Commonwealth’s transmission system.

(d) The program administrator shall have the following powers and duties relating to alternative energy credit certification:

(1) The program administrator may not certify an alternative energy credit already purchased by individuals, businesses or government bodies that do not have a compliance obligation under the act unless the individual, business or government body sells those credits to the EDC or EGS.

(2) The program administrator may not certify an alternative energy credit for a MWh of electricity generation or electricity conservation that has already been used to satisfy another state’s renewable energy portfolio standard, alternative energy portfolio standard or other comparable standard.

(e) A decision of the program administrator may be appealed consistent with § 5.44 (relating to petitions for appeal from actions of the staff).

(f) The Commission may delegate other responsibilities to the program administrator as may be necessary for the implementation of the act.

Notation

Cross References

This section cited in 52 Pa. Code § 75.61 (relating to EDC and EGS obligations); 52 Pa. Code § 75.63 (relating to alternative energy credit certification); 52 Pa. Code § 75.65 (relating to alternative compliance payments); and 52 Pa. Code § 75.67 (relating to alternative energy cost-recovery).