Chapter PSC 118

PSC 118.02(17) (17) “Tracking system account” means the account that the program administrator maintains in order to track the creation, sale, transfer, purchase, and retirement of a renewable energy certificate or an RRC by a renewable energy tracking system participant.

PSC 118.02 History History: CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (5) and (9), am. (7), (10) and (11), r. and recr. (13) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: renum. (1) to be (1s) and am., cr. (1e), (1m), am. (2), cr. (3m), am. (4), cr. (5), (5m), am. (6), cr. (6g), (6r), am. (7), cr. (7g), (7r), (9), renum. (10) to be (10) (intro.) and am., cr. (10) (a), (b), renum. (12) to be (17) and am., r. (13), cr. (14) to (16) Register March 2012 No. 675, eff. 4-1-12; republished to insert text inadvertently excluded from (4) Register January 2014 No. 697; CR 13-040: am. (1m), (5), renum. (6g) (intro.) to (5g) (intro.) and am., renum. (6g) (a) to (e) to (5g) (a) to (e) Register April 2014 No. 700, eff. 5-1-14; correction in (17) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (17) Register April 2015 No. 712, eff. 5-1-15; CR 20-083: cr. (5g) (dm) Register October 2021 No. 790, eff. 11-1-21.

PSC 118.025 PSC 118.025 Renewable resource designation. Biogas is a renewable resource under s. 196.378 (1) (h) 2., Stats.

PSC 118.025 History History: CR 10-147: cr. Register March 2012 No. 675, eff. 4-1-12.

PSC 118.03 PSC 118.03 Facilities eligible for the minimum percentage requirement and for creating renewable resource credits.

PSC 118.03(1) (1) An electric provider may use the output of a renewable facility to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or to create an RRC for renewable energy only if the renewable facility that is the source of the electric provider’s renewable energy meets all of the following requirements:

PSC 118.03(1)(a) (a) The energy output of the renewable facility is physically metered and the accuracy of the metering is subject to verification by the program administrator or the commission.

PSC 118.03(1)(b) (b) The renewable facility registers with, and is certified by, the commission under s. PSC 118.05.

PSC 118.03(1)(c) (c) The renewable facility is owned or operated by the electric provider, which sells the renewable energy to its retail customers or members, or the renewable facility supplies or allocates its energy under an executed wholesale purchase contract to the electric provider, which sells the renewable energy to its retail customers or members.

PSC 118.03(2) (2) An electric provider or customer or member of an electric provider may create an RRC for conventional electricity displaced by the use of a displacement facility only if the displacement facility meets all of the following requirements:

PSC 118.03(2)(a) (a) Is registered with, and is certified by, the commission under s. PSC 118.055.

PSC 118.03(2)(c) (c) Will replace or reduce the use of an electric device or electric service used for the same purpose at the same location as the displacement facility.

PSC 118.03(2)(d) (d) Satisfies any other condition established by the commission consistent with s. 196.378 (3) (a) 1m., Stats.

PSC 118.03(3) (3) 

PSC 118.03(3)(a) (a) An electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats.

PSC 118.03(3)(b) (b) An electric provider or customer or member of an electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to create RRCs.

PSC 118.03(3m) (3m) An electric provider or customer or member of an electric provider may use biogas or synthetic gas it creates under sub. (1) or (2), or may use biogas or synthetic gas provided by another entity under sub. (4).

PSC 118.03(4) (4) 

PSC 118.03(4)(a) (a) An electric provider may under par. (b) or a customer or member of an electric provider may under par. (c) use the production of a facility that has contracted with a producer of biogas or synthetic gas for ownership of the gas and that has sufficient contracts to deliver the gas to the facility, according to the resulting number of MWh that the facility generates or the amount of conventional electricity that the facility displaces.

PSC 118.03(4)(b) (b) An electric provider may use the production of a facility that satisfies par. (a) to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or to create an RRC if the electric provider demonstrates all of the following:

PSC 118.03(4)(b)1. 1. The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28.

PSC 118.03(4)(b)2. 2. The gas producer measures the heat content of the gas at least monthly.

PSC 118.03(4)(b)3. 3. The facility complies with sub. (1) or (2).

PSC 118.03(4)(c) (c) A customer or member of an electric provider may use the production of a facility that satisfies par. (a) to create a RRC if the electric provider demonstrates all of the following:

PSC 118.03(4)(c)1. 1. The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28.

PSC 118.03(4)(c)2. 2. The gas producer measures the heat content of the gas at least monthly.

PSC 118.03(4)(c)3. 3. The facility complies with sub. (1) or (2).

PSC 118.03(5) (5) A customer or member of an electric provider may create an RRC in the manner described in sub. (4).

PSC 118.03 History History: CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (2) and (3) (a), am. (3) (b) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (title), (1) (intro.), (a), cons. and renum. (1) (c) 1. and 2. to be (1) (c) and am., cr. (2), renum. (3) (b) to be (3) and am., cr. (4) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (2) (intro.), (c), renum. (3) to (3) (a) and am., cr. (3) (b), (3m), am. (4) (a), cr. (4) (c), (5) Register April 2014 No. 700, eff. 5-1-14; corrections in (1) (intro.), (4) (b) (intro.) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (1) (intro.), (2) (intro.), r. (2) (b), am. (4) (b) (intro.), (5) Register April 2015 No. 712, eff. 5-1-15.

PSC 118.04 PSC 118.04 Creation and transfer of renewable energy certificates and renewable resource credits.

PSC 118.04(1) (1) A renewable energy certificate or an RRC is used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., in the compliance period for which the electric provider retires the renewable energy certificate or RRC, regardless of the date on which the renewable energy certificate or RRC is retired in the renewable energy tracking system.

PSC 118.04 Note EXAMPLE: A RRC created for renewable energy generated in 2011 may be used to satisfy an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., in compliance years 2011 through 2015. A RRC created in 2011 may be used for compliance year 2015 even if the RRC is not retired until 2016.

PSC 118.04(1m) (1m) For purposes of determining how long a renewable energy certificate or a RRC is eligible to be used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats.:

PSC 118.04(1m)(a) (a) A renewable energy certificate is created when the renewable facility generates the renewable energy.

PSC 118.04(1m)(b) (b) A RRC for renewable energy is created when the renewable facility generates the renewable energy.

PSC 118.04(1m)(c) (c) A RRC for displaced conventional electricity is created in the year in which the use of the certified displacement facility displaces conventional electricity.

PSC 118.04(2) (2) 

PSC 118.04(2)(e) (e) Renewable energy or displaced conventional electricity that would meet the definition of a RRC under s. PSC 118.02 (10), except that it consists of less than one MWh, shall constitute a fraction of a RRC. A fractional RRC may not be smaller than 0.01 MWh.

PSC 118.04(2)(f) (f) Two or more electric providers may jointly purchase or sell a renewable energy certificate or a RRC.

PSC 118.04(2)(fm) (fm) Two or more customers or members of an electric provider may jointly purchase or sell a RRC.

PSC 118.04(2)(g) (g)

PSC 118.04(2)(g)1. 1. A RRC created before January 1, 2004, may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used after December 31, 2011, as provided in s. 196.378 (3) (c), Stats.

PSC 118.04(2)(g)2. 2. Renewable energy generated on or after January 1, 2004, but produced by a renewable facility that was placed into service before January 1, 2004, may only be used to create a RRC if the renewable energy constituted an incremental increase in output from the renewable facility due to capacity improvements that were made on or after January 1, 2004, as provided in s. 196.378 (3) (a) 2., Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats. If the renewable facility was originally placed in service before January 1, 2004, but is entirely replaced with a new and more efficient facility, all of the output from the new facility constitutes an incremental increase and may be used to create RRCs.

PSC 118.04(2)(g)3. 3. A RRC created on or after January 1, 2004, that is produced by a renewable facility placed into service on or after January 1, 2004, may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats.

PSC 118.04(2)(g)4. 4. A RRC created for displaced conventional electricity may be sold or used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may not be used to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., after the fourth year after the year in which the credit is created, as provided in s. 196.378 (3) (c), Stats.

PSC 118.04(2)(g)5. 5. A renewable energy certificate that is not a RRC may not be used to meet an electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., for a compliance period after the year in which the renewable energy certificate was created.

PSC 118.04(3) (3) When a renewable energy certificate or a RRC is credited to an electric provider’s account or the account of a customer or member of an electric provider, the account owner may sell or transfer the renewable energy certificate or RRC to another electric provider or customer or member of an electric provider. Any person selling or transferring a renewable energy certificate or a RRC shall report the sale or transfer to the program administrator within 10 days of the transaction. The program administrator shall then credit the renewable energy tracking system account of the new owner and debit the renewable energy tracking system account of the prior owner. A renewable energy certificate or a RRC may continue to be sold or traded only if each seller or transferor reports the transaction to the program administrator within 10 days of its consummation.

PSC 118.04(4) (4) An electric provider shall annually retire renewable energy certificates and RRCs in the renewable energy tracking system to demonstrate compliance with its minimum percentage requirement under s. 196.378 (2) (a), Stats. When an electric provider uses a RRC to comply with the minimum percentage requirements of s. 196.378 (2) (a), Stats., the electric provider shall retire the RRC. When an electric provider uses a MWh of total renewable energy to comply with the minimum percentage requirements of s. 196.378 (2) (a), Stats., the electric provider shall retire the renewable energy certificate representing the MWh of total renewable energy.

PSC 118.04(5) (5) Subject to commission approval, if applicable, the program administrator may establish any procedure necessary to accurately record the creation, sale, transfer, purchase, and retirement of renewable energy certificates and RRCs.

PSC 118.04 History History: CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: r. (1) and (2) (a) to (d), cr. (2) (g), am. (3) Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (title), cr. (1), (1m), am. (2) (e), (f), (g) 2., 3., cr. (2) (g) 4., 5., am. (3) to (5) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (1m) (c), cr. (2) (fm), am. (3), (4), (5) Register April 2014 No. 700, eff. 5-1-14; corrections in (1m) (intro.), (b), (2) (e), (f), (g), (3) made under s. 35.17, Stats., Register April 2014 No. 700; CR 14-053: am. (1) Register April 2015 No. 712, eff. 5-1-15.

PSC 118.05 PSC 118.05 Certification of renewable facilities.

PSC 118.05(1) (1) 

PSC 118.05(1)(a) (a) Except as provided in s. PSC 118.055, an electric provider may only use the energy of a certified renewable facility to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or for creation of a RRC. The commission shall certify renewable facilities or delegate this responsibility to the program administrator. Any electric provider or owner of a renewable facility adversely affected by the decision to certify or not certify may file a complaint with the commission. The complaint shall be in writing and filed with the commission within 10 working days after service of the decision. The division administrator may settle and resolve a complaint brought under this paragraph. If the complaint cannot be resolved by mutual agreement, the division administrator shall issue a written decision. Any person adversely affected by the division administrator’s written decision may, within 20 working days after its issuance, appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

PSC 118.05(1)(b) (b) The program administrator may not issue a renewable energy certificate or a RRC under s. PSC 118.03 (1) for generation occurring before the date that a renewable facility is certified, except as specified under par. (c) or (d).

PSC 118.05(1)(c) (c) For a renewable facility that receives certification from the commission, an electric provider may meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or create a RRC with energy from the renewable facility that was generated up to 60 days before the date the electric provider delivered its request for certification of the renewable facility, except as otherwise provided under par. (d).

PSC 118.05(1)(d) (d) For energy generated by a renewable resource specified in ss. 196.378 (1) (h) 1. h. to j., Stats., the commission may permit an electric provider to meet a minimum percentage requirement under s. 196.378 (2) (a), Stats., or create a RRC with energy that was generated from a certified renewable facility on or after June 3, 2010 but before the date the electric provider delivered its request for certification. The commission may not permit creation of a RRC for energy that was generated by a renewable resource specified in ss. 196.378 (1) (h) 1. h. to j., Stats., before June 3, 2010.

PSC 118.05(2) (2) To obtain certification, the electric provider generating or purchasing energy from a renewable facility, or a designated representative, shall provide the following information in a format approved by the commission:

PSC 118.05(2)(a) (a) The renewable facility’s location, owner, technology, date placed in service, and rated capacity.

PSC 118.05(2)(b) (b) Information that demonstrates the renewable facility meets the resource eligibility criteria under s. PSC 118.03.

PSC 118.05(2)(c) (c) Any other information the commission determines to be necessary.

PSC 118.05(3) (3) The commission or the program administrator shall inform the electric provider, or its designated representative, whether it has certified a renewable facility for which it has received an application under sub. (2).

PSC 118.05(5) (5) The commission may make on-site visits to any certified unit of a renewable facility to determine its compliance with this chapter and with s. 196.378, Stats., and may decertify any unit that it finds not to be in compliance.

PSC 118.05 History History: CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: am. (1), (2) (intro.) and (3), r. (4), renum. (6) to be PSC 118.06 (5) and am., Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. (1) (a), (b), cr. (1) (c), (d) Register March 2012 No. 675, eff. 4-1-12; corrections in (1) made under s. 35.17, Stats., Register April 2014 No. 700.

PSC 118.055 PSC 118.055 Certification of displacement facilities.

PSC 118.055(1) (1) 

PSC 118.055(1)(a) (a) An electric provider or customer or member of an electric provider may create a RRC under s. PSC 118.03 (2) based on the use of a certified displacement facility by the electric provider, or by a customer or member of the electric provider, to the extent that the use displaces conventional electricity. The commission shall certify displacement facilities or delegate this responsibility to the program administrator. Any electric provider, customer or member of an electric provider, or owner of a displacement facility adversely affected by the decision to certify or not certify may file a complaint with the commission. The complaint shall be in writing and filed with the commission within 10 working days after service of the decision. The division administrator may settle and resolve a complaint brought under this paragraph. If the complaint cannot be resolved by mutual agreement, the division administrator shall issue a written decision. Any person adversely affected by the division administrator’s written decision may, within 20 working days after its issuance, appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

PSC 118.055(1)(b) (b) The commission may permit an electric provider or customer or member of an electric provider to create a RRC for conventional electricity displaced by use of a displacement facility before the date the facility is certified, except that the commission may not permit creation of a RRC for displacement that occurred before June 3, 2010.

PSC 118.055(2) (2) To obtain certification of a displacement facility, the electric provider, customer or member of an electric provider, or a designated representative, shall provide the following information to the commission in a format approved by the commission:

PSC 118.055(2)(a) (a) The displacement facility’s location, owner, technology, and date placed in service.

PSC 118.055(2)(b) (b) Information that demonstrates the displacement facility meets the eligibility criteria under s. PSC 118.03.

PSC 118.055(2)(c) (c) The estimated annual amount of displaced conventional electricity and information supporting this estimate using methods approved by the commission.

PSC 118.055(2)(d) (d) Any other information the commission determines to be necessary.

PSC 118.055(2)(e) (e) The electric provider’s, customer’s, or member’s affirmation that it has verified all of the information in pars. (a) to (d).

PSC 118.055(2)(f) (f) If the applicant does not own the displacement facility, a statement signed by the facility owner that affirms the information in pars. (a) to (d) and permits the electric provider, customer, or member to create RRCs from the facility.

PSC 118.055(3) (3) The commission or the program administrator shall inform the electric provider, customer or member, or its designated representative, whether it has certified a displacement facility for which it has received an application under sub. (2).

PSC 118.055(4) (4) The commission may make on-site visits to any certified unit of a displacement facility to determine its compliance with this chapter and with s. 196.378, Stats., may request copies of all supporting documentation used to comply with this section, and may decertify any unit that it finds not to be in compliance.

PSC 118.055(5) (5) Nothing in this chapter obligates the owner of a displacement facility to permit the electric provider to create RRCs from the facility.

PSC 118.055 History History: CR 10-147: cr. Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (title), (1), (2) (intro.) to (b), (e), (f), (3) to (5) Register April 2014 No. 700, eff. 5-1-14.

PSC 118.06 PSC 118.06 Renewable energy tracking system program administrator.

PSC 118.06(1) (1) The commission shall do any of the following:

PSC 118.06(1)(a) (a) Using a competitive process, contract with a program administrator who shall operate either a statewide or a regional renewable energy tracking system.

PSC 118.06(1)(b) (b) Participate in a regional organization that contracts with a program administrator who shall operate a statewide or regional renewable energy tracking system.

PSC 118.06(2) (2) The program administrator shall:

PSC 118.06(2)(a) (a) Create an account for each electric provider.

PSC 118.06(2)(b) (b) Create an account for each certified renewable facility or certified displacement facility that participates in the tracking system and requests a separate account.

PSC 118.06(2)(c) (c) Upon request, register each renewable facility the commission has certified, including the following data about the facility:

PSC 118.06(2)(c)1. 1. Its tracking system account number.

PSC 118.06(2)(c)2. 2. Its location, owner, technology, date placed in service, and rated capacity.

PSC 118.06(2)(c)3. 3. Its expected annual energy production.