Section 118.05. Certification of renewable facilities.

 

(1)  

(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.

(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) .

(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) .

(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.

(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:

(a) The renewable facility's location, owner, technology, date placed in service, and rated capacity.

(b) Information that demonstrates the renewable facility meets the resource eligibility criteria under s. PSC 118.03 .

(c) Any other information the commission determines to be necessary.

(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) .

(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.

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 .