Chapter PSC 118

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.

PSC 118.06(2)(c)4. 4. Information about the facility’s meter that allows the program administrator to verify its accuracy.

PSC 118.06(2)(c)5. 5. Any additional data the commission deems necessary for proper operation of the tracking system.

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

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

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

PSC 118.06(2)(cm)3. 3. Its estimated annual amount of displaced conventional electricity.

PSC 118.06(2)(cm)4. 4. Any additional data the commission considers necessary for proper operation of the tracking system.

PSC 118.06(2)(d) (d) Establish and maintain a system for tracking renewable energy certificates and RRCs that does all of the following:

PSC 118.06(2)(d)1. 1. Issues a unique electronic certificate for each MWh of renewable energy measured at the bus bar of a certified renewable facility that is located in the area covered by the tracking system, that is owned by a participating electric provider, or that is under contract to deliver electric energy to a participating electric provider. The certificate shall identify which certified renewable facility produced the MWh, when it was produced, and any other characteristics the commission finds necessary.

PSC 118.06(2)(d)1m. 1m. Issues a unique electronic certificate for each MWh of conventional electricity displaced by a certified displacement facility that complies with ss. PSC 118.03 and 118.04, as calculated under s. PSC 118.09. The certificate shall identify which displacement facility displaced the MWh, when the facility operated, and any other characteristics the commission finds necessary.

PSC 118.06(2)(d)2. 2. Records renewable energy certificate and RRC ownership and each transfer between account holders.

PSC 118.06(2)(d)3. 3. Retires each renewable energy certificate and RRC that meets any of the following circumstances:

PSC 118.06(2)(d)3.a. a. An electric provider uses the renewable energy certificate or RRC to meet all or part of its minimum percentage requirement under s. 196.378 (2) (a), Stats.

PSC 118.06(2)(d)3.b. b. An electric provider chooses to retire the renewable energy certificate or RRC for any other reason.

PSC 118.06(2)(e) (e) Audit registered renewable facilities, as needed, to verify the accuracy of metered production data.

PSC 118.06(2)(em) (em) Audit registered displacement facilities, as needed, to verify the amount of displaced conventional electricity.

PSC 118.06(2)(f) (f) Track and report each electric provider’s compliance with the minimum percentage requirement under s. 196.378 (2) (a), Stats.

PSC 118.06(2)(g) (g) Perform any other function the commission may designate.

PSC 118.06(3) (3) The program administrator may create an exchange procedure for purchasing and selling renewable energy certificates and RRCs.

PSC 118.06(4) (4) 

PSC 118.06(4)(a) (a) Annually, the program administrator shall report to the commission the costs incurred in operating the renewable energy tracking system and recommend an assessment of these costs to electric providers and other tracking system participants that hold tracking system accounts.

PSC 118.06(4)(b) (b) The commission shall review the cost allocation that the program administrator proposes under par. (a) and approve or modify this allocation. The commission shall assess these costs to each electric provider, pursuant to s. 196.85 (1) and (1m) (a), Stats.

PSC 118.06(5) (5) An electric provider may not use renewable energy from a decertified renewable facility to meet the electric provider’s minimum percentage requirement under s. 196.378 (2) (a), Stats., that was produced after the facility is decertified. The program administrator may not issue RRCs for energy from a decertified renewable facility that was produced after the facility is decertified. The program administrator may not issue RRCs for conventional electricity displaced by the operation of a decertified displacement facility which displacement occurred after the facility is decertified.

PSC 118.06 History History: CR 00-065: cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112: (5) renum. from PSC 118.05 (6) and am., am. (1) and (4) (a), r. and recr. (2), Register May 2007 No. 617, eff. 6-1-07; CR 10-47: am. (title), renum. (1) to be (1) (intro.) and am., cr. (1) (a), (b), am. (2) (b), (c) (intro.), 5., cr. (2) (cm), am. (2) (d) (intro.), cr. (2) (d) 1m., am. (2) (d) 2. 3., a., r. and recr. (2) (d) 3. b., r. (2) (d) 3. c., cr. (2) (em), am. (3), (4) (a), (5) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: am. (2) (b), (c) 1., (cm) (intro.), 1., (d) 1m., (em), (5) Register April 2014 No. 700, eff. 5-1-14.

PSC 118.07 PSC 118.07 Aggregation and allocation by wholesale suppliers. If a wholesale supplier aggregates and allocates renewable energy, renewable energy certificates or RRCs among its members or customers, it shall do so in a manner approved by the affected members or customers.

PSC 118.07 History History: CR 06-112: cr. Register May 2007 No. 617, eff. 6-1-07; CR 10-147: am. Register March 2012 No. 675, eff. 4-1-12.

PSC 118.08 PSC 118.08 Double-counting prohibited.

PSC 118.08(1) (1) An electric provider that sells or conveys a MWh of renewable energy, a renewable energy certificate or a RRC at wholesale may not use that MWh, renewable energy certificate or RRC to meet its minimum percentage requirement under s. 196.378 (2) (a), Stats.

PSC 118.08(2) (2) If an electric provider sells or conveys a MWh of renewable energy, a renewable energy certificate or a RRC at retail to a customer or member that retains independent control over the disposition or retirement of the renewable energy certificate, RRC or other renewable attributes representing that MWh of renewable energy, the electric provider may not use that MWh, renewable energy certificate, or RRC to meet its minimum percentage requirements under s. 196.378 (2) (a), Stats.

PSC 118.08(3) (3) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on the use of a facility for which RRCs are created under s. 196.378 (3) (a) 1., Stats.

PSC 118.08(4) (4) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on hydroelectric energy for which an electric provider is permitted to use the average amount of hydroelectric power generated by the facility under s. 196.378 (2) (b) 1m. a., Stats.