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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2013

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The purpose of this action is to propose rules to govern how the Director of the Division of Energy & Climate (Director) and the Division of Energy & Climate (Division) administer their obligations under 26 Del.C. §354(i) & (j). The statute directs when and whether the Director may institute a freeze on the implementation of Delaware’s Renewable Energy Portfolio Standards as provided for in 26 Del.C. §354(a).
26 Del.C. §354(i) & (j)
Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on January 8, 2014 beginning at 6:00 p.m. in the Public Service Commission Hearing Room, Cannon Building, 861 Silver Lake Blvd., Dover, DE, 19904.
These rules govern how the Director of the Division of Energy & Climate (Director) and the Division of Energy & Climate (Division) administer their obligations under 26 Del.C. §354(i) & (j). The statute directs when and whether the Director may institute a freeze on the implementation of the Renewable Energy Portfolio Standards as provided for in 26 Del.C. §354(a).
As used in these rules:
"Alternative compliance payment" means a payment of a certain dollar amount per megawatt hour, which a retail electricity supplier or municipal electric company may submit in lieu of supplying the minimum percentage from Eligible Energy Resources required as defined and set by 26 Del.C. §§352(1) and 358(d).
Average QFCP offset cost” means the dollar amount to be attributed to the cost of a MWh of output from a QFCP during a compliance year.
Avoided system costs” means reductions in electric generation, transmission or distribution costs.
"Compliance year" means the calendar year beginning with June 1 and ending with May 31 of the following year, for which a retail electricity supplier or municipal electric company must demonstrate that it has met the requirements of this subchapter.
Division” means the Division of Energy & Climate, the successor agency to the Delaware Energy Office.
Director” means the Director of the Division of Energy & Climate, who is considered the State Energy Coordinator for the purpose of these rules.
End-use customer” means a person or entity to whom electrical energy at retail prices is delivered over the distribution facilities of an electric distribution utility regulated by the PSC.
Exempt load” means the retail customer load of a retail electrical supplier that is either exempt from RPS compliance or supplied by a third party supplier.
Externality benefits” means reductions in environmental, health and mortality costs.
Freeze” means suspension of enforcement or implementation of the RPS as provided for under 26 Del.C. §§352(3) & 354(a).
Green Energy Fund” means the grant program authorized under 29 Del.C. §8057.
Non-exempt load” means the retail customer load of a retail electrical supplier that is not subject RPS compliance or supplied by a third party supplier.
PJM” or “PJM interconnection” means the regional transmission organization that coordinates the movement of wholesale electricity in the PJM region, or its successors at law.
Price suppression effects” means reductions in energy costs due to competitive pressures from renewable resources.
PSC” means the Delaware Public Service Commission.
Qualified fuel cell project” or “QFCP” shall mean an entity defined by 26 Del.C. §352(17) and authorized to receive surcharge payments paid by customers of an electric distribution company under 26 Del.C. §364(d)(1)f., g., j., & k. and a tariff approved by the PSC.
REC costs of compliance” means the total costs expended by retail electric suppliers or electric distribution utilities to achieve the applicable RPS percentage standards for RECs during a particular compliance year.
REC offset hours” and “SREC offset hours” mean the MWh of output from a QFCP that is utilized under 26 Del.C. §353(d) to offset or fulfill the number of RECs and SRECs that might otherwise be required to be surrendered to meet REC and SREC percentage requirements in a compliance year.
REC percentage requirements” and “SREC percentage requirements” mean the renewable energy portfolio requirements for each compliance year as set forth in 26 Del.C. §354(a).
Renewable Energy Credit” or “REC” means the instrument defined by 26 Del.C. §352(18) used to demonstrate compliance with the percentage requirements set forth in 26 Del.C. §354(a).
Renewable Energy Credit payment amounts” or “REC payment amounts” means the dollar amounts expended to produce or procure RECs that are utilized to meet REC percentage requirements in a particular compliance year.
Renewable Energy Cost of Compliance” means the total costs expended by retail electric suppliers or electric distribution utilities to achieve the applicable RPS percentage standards for all renewable energy during a particular compliance year.
Retail electricity supplier” means a person or entity that sells electrical energy to end-use customers delivered over the distribution facilities of an electric distribution utility regulated by the PSC.
RPS” means the renewable portfolio standard, the minimum percentage requirements of eligible energy resources and solar photovoltaics established under 26 Del.C., §354.
RPS load” means the total volume of electricity sold or delivered during a compliance year, excluding sales or deliveries made to any industrial customer (as designated by the PSC) with a peak demand in excess of 1,500 kilowatts.
Solar alternative compliance payment amounts" mean the dollar amounts expended for alternative solar compliance payments as defined and set by 26 Del.C. §§352(24) and 358(e).
Solar Renewable Energy Credit” or “SREC” means the instrument defined by 26 Del.C. §352(25) used to demonstrate compliance with the percentage requirements set forth in 26 Del.C. §354(a).
Solar Renewable Energy Credit amounts” or “SREC payment amounts” mean the dollar amounts expended to produce or procure SRECs that are utilized to meet SREC percentage requirements in a particular compliance year.
Solar Renewable Energy Cost of Compliance” means the total costs expended by retail electric suppliers or electric distribution utilities to achieve the applicable RPS percentage standards for solar photovoltaic renewable energy during a particular compliance year.
Surcharge payments” means the dollar amounts (whether positive or negative) paid to, or received by, customers of DP&L from a QFCP and DP&L under 26 Del.C. §364(d)(1) and an implementing tariff approved by the PSC.
Third party supplier” means an electricity supplier that sells power to end-use customers delivered over the distribution facilities of an electric distribution utility regulated by the PSC.
Total Retail Costs of Electricity” means the total costs expended by retail electric suppliers to produce, purchase, distribute and deliver retail energy to serve the non-exempt load during a particular compliance year.
3.1 These rules shall apply only in the case of retail electric supply delivered over the distribution facilities of an electric distribution utility regulated by the Public Service Commission. These rules shall not apply to electric supply provided by either:
Last Updated: December 31 1969 19:00:00.
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