Chapter PSC 118

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.

PSC 118.08 History History: CR 06-112: cr. Register May 2007 No. 617, eff. 6-1-07; CR 10-147: renum. 118.08 to be 118.08 (1) and am., cr. (2) Register March 2012 No. 675, eff. 4-1-12; CR 13-040: cr. (3), (4) Register April 2014 No. 700, eff. 5-1-14; corrections in (1), (2) made under s. 35.17, Stats., Register April 2014 No. 700.

PSC 118.09 PSC 118.09 Calculation of displaced conventional electricity.

PSC 118.09(1) (1) For purposes of this section:

PSC 118.09(1)(a) (a) “Total statewide renewable energy percentage” means the percentage that results from the equation of subd. 1. divided by subd. 2. as shown below:

PSC 118.09(1)(a)1. 1. The actual renewable energy sold to Wisconsin retail customers within a given year using information submitted to the commission by electric providers in their most recent renewable portfolio standard compliance reports under s. 196.378 (2) (c), Stats., including actual renewable energy used to serve all of the following programs:

PSC 118.09(1)(a)1.a. a. Wisconsin electric provider renewable portfolio standard programs.

PSC 118.09(1)(a)1.b. b. Any other federal or state renewable energy programs that apply to Wisconsin electric providers.

PSC 118.09(1)(a)1.c. c. Wisconsin electric provider voluntary renewable energy programs.

PSC 118.09(1)(a)2. 2. The total sales of electricity to Wisconsin retail customers in that same year using information submitted to the commission by electric providers in their most recent renewable portfolio standard compliance reports under s. 196.378 (2) (c), Stats.

PSC 118.09(1)(b) (b) “Total statewide conventional energy percentage” means the percentage that results from the equation of 100% minus the total statewide renewable energy percentage.

PSC 118.09(1m) (1m) For each calendar year, the commission shall determine the total statewide conventional energy percentage for purposes of calculating the amount of RRCs per MWh to be created for displaced conventional electricity. The commission shall make this determination the calendar year before the calendar year in which the percentage will be used. The commission may, by order, also establish a different percentage for a specific type of displacement facility if its seasonal or daily operating characteristics justify a percentage that differs from the annual average percentage.

PSC 118.09 Note Note: For example, the commission will determine the 2016 total statewide renewable energy percentage in 2015 using information taken from electric provider reports, filed with the commission by April 15, 2015, that reflect renewable energy sold to Wisconsin retail customers in the calendar year of 2014.

PSC 118.09(2) (2) The commission may, by order, establish a displacement formula for any type of displacement facility. The commission shall base any such formula on a calculation of the minimum amount of displaced electricity that would be expected in a typical calendar year under realistic operating conditions. The commission shall provide an opportunity for public comment on any such formula before the formula is established.

PSC 118.09(3) (3) For each calendar year, the electric provider, customer, or member seeking to create RRCs from a certified displacement facility shall determine the net amount of electricity displaced by the displacement facility, using site-specific information and either the applicable formula established under sub. (2) or by subtracting the amount of electricity used by the displacement facility from the amount of electricity that would have been used for the same purposes by the electric device or electric service that was replaced by the displacement facility or that was used less due to the use of the displacement facility.

PSC 118.09(4) (4) If the value under sub. (3) is less than zero, the electric provider, customer, or member may not create any RRCs for the displacement facility for that calendar year.