Enforcement Procedures For the Renewables Portfolio Standard For Local Publicly Owned Electric Utilities, Proposed Regulations

Publication Number:    CEC-300-2013-002-SD

Abstract:

The Energy Commission developed the proposed regulations to fulfill the purposes of Public Utilities Code section 399.30 (l), which directs the Energy Commission to adopt regulations specifying procedures for the enforcement of the RPS on POUs under Article 16 (commencing with section 399.11) of Chapter 2.3 of Part I of Public Utilities Code. Section 399.30 (l) also states that these “regulations shall include a public process under which the Energy Commission may issue a notice of violation and correction against a local publicly owned electric utility for failure to comply with this article, and for referral of violations to the State Air Resources Board for penalties…”

The proposed regulations implement, interpret, and make specific the provisions in Public Utilities Code section 399.30 (l). The proposed regulations also implement, interpret, and make specific related provisions in Public Utilities Code sections 399.13, 399.15, 399.16, 399.21, 399.30, 9507, and 9508 and in Public Resources Code sections 25741 and 25747.

The proposed regulations establish the rules and procedures that the Energy Commission will use to assess a POU’s procurement actions and determine whether those actions meet the RPS procurement requirements in the law. The proposed regulations determine what POU action is required by the law, so when the Energy Commission evaluates a POU’s actions, it may determine whether the POU complied with the law. The proposed regulations require POUs to submit various information and reports to the Energy Commission so the Energy Commission may verify and determine compliance with the RPS, and, if appropriate, issue a notice of violation and correction for a POU’s failure to comply and refer the violation to the CARB for potential penalties.

Once final, the regulations will be codified in the California Code of Regulations, Title 20, Division 2, Chapter 13, Sections 3200 through 3208, and in Title 20, Division 2, Chapter 2, Article 4, Section 1240.

Author(s):  Lorraine Gonzalez, Angela Gould

Commission Division:    Renewables Program (300)

Office/Program:    Renewables Portfolio Standard

PIER Program Area:   

Date Published:    February 2013

Date On Line:    02/20/2013

Acrobat PDF File Size: 37 pages, 623 kilobytes