Section 432.07. CAIR renewable units.

 

(1)   CAIR renewable representative.

(a) The owner and operator of each CAIR renewable unit shall select one and only one CAIR renewable representative who shall represent the CAIR renewable unit with regards to all matters concerning the unit under the CAIR NO x annual trading program and the CAIR NO x ozone season trading program.

(b) The CAIR renewable representative of the CAIR renewable unit shall be selected by an agreement binding on the owners and operators of the unit and shall act in accordance with the certifying statements found in par. (c) .

(c) The CAIR renewable representative for the CAIR renewable unit shall submit to the department a certificate of representation. The certificate of representation shall include all of the following:

1. Identification of CAIR renewable unit for which the certificate of representation is being submitted, including identification and nameplate capacity of each generator served by the unit.

2. The name, address, e-mail address, telephone number and facsimile transmission number of the CAIR renewable representative.

3. A list of the owners and operators of the CAIR renewable unit.

4. The following certificate statements by the CAIR renewable representative:

a. "I certify that I was selected as the CAIR renewable representative, by an agreement binding on the owners and operators of the CAIR renewable unit."

b. "I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO x annual trading program and the CAIR NO x ozone season trading program on behalf of the owners and operators of the CAIR renewable unit and that each owner and operator shall be fully bound by my representations, actions, inactions or submissions."

c. "I certify that the owners and operators of the CAIR renewable unit shall be bound by any order issued to me by the administrator, the department or a court regarding the CAIR renewable unit."

d. Where there are multiple holders of legal or equitable title to, or a leasehold interest in, a CAIR renewable unit, or where a utility or industrial customer purchases power from a CAIR renewable unit under a life-of-the-unit, firm power contractual arrangement, "I certify that: I have given a written notice of my selection as the CAIR renewable representative, and of the agreement by which I was selected to each owner and operator of the CAIR renewable unit; and any CAIR NO x allowances and CAIR NO x ozone season allowances and the proceeds of transactions involving CAIR NO x allowances and CAIR NO x ozone season allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of CAIR NO x allowances or CAIR NO x ozone season allowances by contract, the CAIR NO x allowances, CAIR NO x ozone season allowances and the proceeds of transactions involving CAIR NO x allowances and CAIR NO x ozone season allowances will be deemed to be held or distributed in accordance with the contract."

5. The signature of the CAIR renewable representative and the date signed.

(d) Upon receipt by the department of a complete certificate of representation under par. (c) , the CAIR renewable representative of the CAIR renewable unit shall represent and by his or her representations, actions, inactions or submissions, legally bind each owner and operator of the CAIR renewable unit in all matters pertaining to the CAIR NO x trading program and the CAIR NO x ozone season trading program, notwithstanding any agreement between the CAIR renewable representative and owners and operators of the CAIR renewable unit.

(2)   Establishment of general account. The CAIR renewable representative shall establish a general account, for CAIR NO x allowances pursuant to 40 CFR 97.151 (b) and for CAIR NO x ozone season allowances pursuant to 40 CFR 97.351 (b) prior to submitting a request under s. NR 432.03 or 432.05 for CAIR NO x allowances or CAIR NO x ozone season allowances.

(3)   Aggregation of renewable units. If renewable units are aggregated pursuant to s. 299.83 , Stats., the aggregated renewable units shall have only one CAIR renewable representative.

(4)   Requests for CAIR NO x allowances and CAIR NO x ozone season allowances. On or before May 1, 2011, or on or before May 1 of each year for which CAIR NO x allowances and CAIR NO x ozone season allowances are being requested, the CAIR renewable representative shall submit a request to the department for the allowances. The request shall contain specific unit information, including the monthly gross electrical output data to be used to calculate the unit's baseline energy output in ss. NR 432.03 and 432.05 .

(5)   Multiple submissions. The department may not act as a mediator in situations where more than one entity submits a request for CAIR NO x allowances or CAIR NO x ozone season allowances based upon its ownership or operation interest in a CAIR renewable unit. If more than one entity submits an application for allowances for the same CAIR renewable unit for the same control period and the competing applications are not withdrawn, the department shall reject all the applications.

History: CR 06-104 : cr. Register July 2007 No. 619 , eff. 8-1-07.