Section 118.055. Certification of displacement facilities.

 

(1)  

(a) An electric provider or customer or member of an electric provider may create a RRC under s. PSC 118.03 (2) based on the use of a certified displacement facility by the electric provider, or by a customer or member of the electric provider, to the extent that the use displaces conventional electricity. The commission shall certify displacement facilities or delegate this responsibility to the program administrator. Any electric provider, customer or member of an electric provider, or owner of a displacement 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 commission may permit an electric provider or customer or member of an electric provider to create a RRC for conventional electricity displaced by use of a displacement facility before the date the facility is certified, except that the commission may not permit creation of a RRC for displacement that occurred before June 3, 2010.

(2)  To obtain certification of a displacement facility, the electric provider, customer or member of an electric provider, or a designated representative, shall provide the following information to the commission in a format approved by the commission:

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

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

(c) The estimated annual amount of displaced conventional electricity and information supporting this estimate using methods approved by the commission.

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

(e) The electric provider's, customer's, or member's affirmation that it has verified all of the information in pars. (a) to (d) .

(f) If the applicant does not own the displacement facility, a statement signed by the facility owner that affirms the information in pars. (a) to (d) and permits the electric provider, customer, or member to create RRCs from the facility.

(3)  The commission or the program administrator shall inform the electric provider, customer or member, or its designated representative, whether it has certified a displacement facility for which it has received an application under sub. (2) .

(4)  The commission may make on-site visits to any certified unit of a displacement facility to determine its compliance with this chapter and with s. 196.378 , Stats., may request copies of all supporting documentation used to comply with this section, and may decertify any unit that it finds not to be in compliance.

(5)  Nothing in this chapter obligates the owner of a displacement facility to permit the electric provider to create RRCs from the facility.

CR 10-147 : cr. Register March 2012 No. 675 , eff. 4-1-12; CR 13-040 : am. (title), (1), (2) (intro.) to (b), (e), (f), (3) to (5) Register April 2014 No. 700 , eff. 5-1-14.