Section 118.03. Facilities eligible for the minimum percentage requirement and for creating renewable resource credits.

 

(1)  An electric provider may use the output of a renewable facility to meet a minimum percentage requirement under s. 196.378 (2) (a) , Stats., or to create an RRC for renewable energy only if the renewable facility that is the source of the electric provider's renewable energy meets all of the following requirements:

(a) The energy output of the renewable facility is physically metered and the accuracy of the metering is subject to verification by the program administrator or the commission.

(b) The renewable facility registers with, and is certified by, the commission under s. PSC 118.05 .

(c) The renewable facility is owned or operated by the electric provider, which sells the renewable energy to its retail customers or members, or the renewable facility supplies or allocates its energy under an executed wholesale purchase contract to the electric provider, which sells the renewable energy to its retail customers or members.

(2)  An electric provider or customer or member of an electric provider may create an RRC for conventional electricity displaced by the use of a displacement facility only if the displacement facility meets all of the following requirements:

(a) Is registered with, and is certified by, the commission under s. PSC 118.055 .

(c) Will replace or reduce the use of an electric device or electric service used for the same purpose at the same location as the displacement facility.

(d) Satisfies any other condition established by the commission consistent with s. 196.378 (3) (a) 1m. , Stats.

(3)  

(a) An electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to meet a minimum percentage requirement under s. 196.378 (2) (a) , Stats.

(b) An electric provider or customer or member of an electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to create RRCs.

(3m)  An electric provider or customer or member of an electric provider may use biogas or synthetic gas it creates under sub. (1) or (2) , or may use biogas or synthetic gas provided by another entity under sub. (4) .

(4)  

(a) An electric provider may under par. (b) or a customer or member of an electric provider may under par. (c) use the production of a facility that has contracted with a producer of biogas or synthetic gas for ownership of the gas and that has sufficient contracts to deliver the gas to the facility, according to the resulting number of MWh that the facility generates or the amount of conventional electricity that the facility displaces.

(b) An electric provider may use the production of a facility that satisfies par. (a) to meet a minimum percentage requirement under s. 196.378 (2) (a) , Stats., or to create an RRC if the electric provider demonstrates all of the following:

1. The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28 .

2. The gas producer measures the heat content of the gas at least monthly.

3. The facility complies with sub. (1) or (2) .

(c) A customer or member of an electric provider may use the production of a facility that satisfies par. (a) to create a RRC if the electric provider demonstrates all of the following:

1. The gas producer meters the amount of gas delivered, using metering devices that comply with ss. PSC 134.27 and 134.28 .

2. The gas producer measures the heat content of the gas at least monthly.

3. The facility complies with sub. (1) or (2) .

(5)  A customer or member of an electric provider may create an RRC in the manner described in sub. (4) .

CR 00-065 : cr. Register July 2001, No. 547 eff. 8-1-01; CR 06-112 : r. (2) and (3) (a), am. (3) (b) Register May 2007 No. 617 , eff. 6-1-07; CR 10-147 : am. (title), (1) (intro.), (a), cons. and renum. (1) (c) 1. and 2. to be (1) (c) and am., cr. (2), renum. (3) (b) to be (3) and am., cr. (4) Register March 2012 No. 675 , eff. 4-1-12; CR 13-040 : am. (2) (intro.), (c), renum. (3) to (3) (a) and am., cr. (3) (b), (3m), am. (4) (a), cr. (4) (c), (5) Register April 2014 No. 700 , eff. 5-1-14; corrections in (1) (intro.), (4) (b) (intro.) made under s. 35.17 , Stats., Register April 2014 No. 700 ; CR 14-053 : am. (1) (intro.), (2) (intro.), r. (2) (b), am. (4) (b) (intro.), (5) Register April 2015 No. 712 , eff. 5-1-15.