Cal. Code Regs. tit. 17 § 95111

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 95111 - Data Requirements and Calculation Methods for Electric Power Entities

The electric power entity who is required to report under section 95101 of this article must comply with the following requirements.

(a)General Requirements and Content for GHG Emissions Data Reports for Electricity Importers and Exporters.

(1)Greenhouse Gas Emissions. The electric power entity must report GHG emissions separately for each category of delivered electricity required, in metric tons of CO₂ equivalent (MT of CO₂e), according to the calculation methods in section 95111(b).

(2)Delivered Electricity. The electric power entity must report imported, exported, and wheeled electricity in MWh disaggregated by first point of receipt (POR) or final point of delivery, as applicable, and must also separately report imported and exported electricity from unspecified sources and from each specified source. Substitute electricity defined pursuant to section 95102(a) must be separately reported for each specified source, as applicable. First points of receipt and final points of delivery (POD) must be reported using the standardized code used in NERC e-Tags, as well as the full name of the POR/POD.

(3)Imported Electricity from Unspecified Sources. When reporting imported electricity from unspecified sources, the electric power entity must report for each first point of receipt the following information:

(A) Whether the first point of receipt is located in a linked jurisdiction published on the ARB website;

(B) The amount of electricity from unspecified sources as measured at the first point of delivery in California; and

(C) GHG emissions, including those associated with transmission losses, as required in section 95111(b).

(4)Imported Electricity from Specified Facilities or Units. The electric power entity must report all direct delivery of electricity as from a specified source for facilities or units in which they are a generation providing entity (GPE) or have a written power contract to procure electricity. A GPE must report imported electricity as from a specified source when the importer is a GPE of that facility. When reporting imported electricity from specified facilities or units, the electric power entity must disaggregate electricity deliveries and associated GHG emissions by facility or unit and by first point of receipt, as applicable. The reporting entity must also report total GHG emissions and MWh from specified sources and the sum of emissions from specified sources explicitly listed as not covered pursuant to section 95852.2 of the cap-and-trade regulation. Seller Warranty: The sale or resale of specified source electricity is permitted among entities on the e-tag market path insofar as each sale or resale is for specified source electricity in which sellers have purchased and sold specified source electricity, such that each seller warrants the sale of specified source electricity from the source through the market path.

(A) Claims of specified sources of imported electricity, defined pursuant to section 95102(a), are calculated pursuant to section 95111(b), must meet the requirements in section 95111(g), and must include the following information:

1.Measured at Busbar. The amount of imported electricity from specified facilities or units as measured at the busbar; and

2.Not Measured at Busbar. If the amount of imported electricity deliveries from specified facilities or units as measured at the busbar is not provided, report the amount of imported electricity as measured at the first point of delivery in California, including estimated transmission losses as required in section 95111(b), and the reason why measurement at the busbar is not known.

(5)Imported Electricity Supplied by Asset-Controlling Suppliers. The reporting entity must separately report imported electricity supplied by asset-controlling suppliers recognized by ARB. The reporting entity must:

(A) Report the asset-controlling supplier standardized purchasing-selling entity (PSE) acronym or code, full name, and the ARB identification number;

(B) Report asset-controlling supplier power that was not acquired as specified power, as unspecified power;

(C) Report delivered electricity from asset-controlling suppliers as measured at the first point of delivery in the state of California; and,

(D) Report GHG emissions calculated pursuant to section 95111(b), including transmission losses.

(E)Tagging ACS Power. To claim power from an asset-controlling supplier, the asset-controlling supplier must be identified on the physical path of the NERC e-Tag as the PSE at the first point of receipt, or in the case of asset controlling suppliers that are exclusive marketers, as the PSE immediately following the associated generation owner.

(6)Exported Electricity. The electric power entity must report exported electricity in MWh and associated GHG emissions in MT of CO₂e for unspecified sources disaggregated by each final point of delivery outside the State of California, and for each specified source disaggregated by each final point of delivery outside the State of California, as well as the following information:

(A) Exported electricity as measured at the last point of delivery located in the State of California, if known. If unknown, report as measured at the final point of delivery outside California.

(B) Do not report estimated transmission losses.

(C) Report whether the final point of delivery is located in a linked jurisdiction published on the ARB website.

(D) Report GHG emissions calculated pursuant to section 95111(b).

(7)Exchange Agreements. The electric power entity must report delivered electricity under power exchange agreements consistent with imported and exported electricity requirements of this section. Electricity delivered into the state of California under exchange agreements must be reported as imported electricity and electricity delivered out of California under exchange agreements must be reported as exported electricity.

(8)Electricity Wheeled Through California. The electric power entity who is the PSE on the last physical path segment that crosses the border of the State of California on the NERC e-tag must separately report electricity wheeled through California, aggregated by first point of receipt, and must exclude wheeled power transactions from reported imports and exports. When reporting electricity wheeled through California, the electric power entity must include the quantities of electricity wheeled through California as measured at the first point of delivery inside the State of California. Only an electric power entity, as defined in section 95102(a), must report wheeled electricity through California.

(9)Verification Documentation. The electric power entity must retain for purposes of verification NERC e-Tags, written power contracts, settlements data, and all other information required to confirm reported electricity procurements and deliveries pursuant to the recordkeeping requirements of section 95105.

(10)Electricity Generating Units and Cogeneration Units in California. Electric power entities that also operate electricity generating units or cogeneration units located inside the state of California that meet the applicability requirements of this article must report GHG emissions to ARB under section 95112.

(11)Electricity Generating Units and Cogeneration Units Outside California. Operators and owners of electricity generating units and cogeneration units located outside the state of California who elect to report to ARB under section 95112 must fully comply with the reporting and verification requirements of this article.

(12)Electrical Distribution Utility Sales into CAISO. All electrical distribution utilities (EDU) except IOUs must report the annual MWh of all electricity sold into the CAISO markets for which an EDU or generator receiving EDU-allocated allowances has a compliance obligation under the Cap-and-Trade Regulation. This reporting requirement also applies to CAISO sales from a generator to whose compliance account the reporting EDU directed ARB to deposit allocated allowances pursuant to section 95892(b)(2)(A) of the cap-and-trade regulation; in this case, the reporting requirement is on the EDU that directed ARB to deposit allocated allowances.

(A) EDUs must report MWh by source of generation (if known), of the electricity sold into the CAISO markets and for which the EDU or generator receiving EDU-allocated allowances has a compliance obligation, and the emission factor (if known) for each source of generation, as follows:

1. For emissions associated with CAISO sales from a specified source located outside of California, the reporting EDU must use the emissions factors calculated by ARB pursuant to section 95111(b)(2).

2. For known in-State resources that are the source of CAISO sales:

i. If the EDU is the GPE, or has verifiable information related to the annual emissions and electricity production associated of the in-State resource, the EDU must calculate an emission factor for the resource. This calculation is subject to verifier review.

ii. If the EDU does not know the emissions and electricity production associated with the in-State resource, the EDU must use the default emission factor for unspecified electricity set forth in section 95111(b)(1).

3. For sales into CAISO for which the source of generation is unknown or unspecified, the reporting EDU must use the default emission factor for unspecified electricity set forth in section 95111(b)(1).

(B) This requirement does not apply to EDUs that have had all of their directly allocated allowances allocated for the data year placed in their limited use holding account pursuant to section 95892(b)(2) of the Cap-and-Trade Regulation. Verifiers must contact the Air Resources Board directly to confirm that a specific EDU is not subject to this requirement.

(C) Excess electricity for non-native load. An EDU must report whether any electricity from any resource in its portfolio, for which an EDU has a compliance obligation, was sold into CAISO markets to ultimately serve any non-native load, in accordance with CAISO Fifth Replacement Tariff section 11.29(a)(iii) dated May 1, 2014. Excess electricity that does not serve an EDU's native load, and meets the other requirements in this section, is reportable as CAISO sales, even if the generation resource causing the excess electricity is funded by municipal tax-exempt debt.

(D) Netting of electricity across intervals is prohibited in the calculation of reportable CAISO sales. Excess electricity sold into the CAISO markets in any interval cannot be netted against the electricity purchased from the CAISO markets in a different interval.

(E) The data sources and procedures used to report CAISO sales and emission factors must be specified in the GHG inventory plan documentation required by section 95105(d).

(b)Calculating GHG Emissions.

(1)Calculating GHG Emissions from Unspecified Sources. For electricity from unspecified sources, the electric power entity must calculate the annual CO₂ equivalent mass emissions using the following equation:

CO₂e = MWh x TL x EF_unsp

Where:

CO₂e = Annual CO₂ equivalent mass emissions from the unspecified electricity deliveries at each point of receipt identified (MT of CO₂e).

MWh = Megawatt-hours of unspecified electricity deliveries at each point of receipt identified.

EF_unsp = Default emission factor for unspecified electricity imports.

EF_unsp = 0.428 MT of CO₂e/MWh TL = Transmission loss correction factor.

TL = 1.02 to account for transmission losses between the busbar and measurement at the first point of receipt in California.

(2)Calculating GHG Emissions from Specified Facilities or Units. For electricity from specified facilities or units, the electric power entity must calculate emissions using the following equation:

CO₂e = MWh x TL x EF_sp

Where:

CO₂e = Annual CO₂ equivalent mass emissions from the specified electricity deliveries from each facility or unit claimed (MT of CO₂e).

MWh = Megawatt-hours of specified electricity deliveries from each facility or unit claimed.

EF_sp = Facility-specific or unit-specific emission factor published on the ARB website and calculated using total emissions and transactions data as described below. The emission factor is based on data from the year prior to the reporting year.

EF_sp = 0 MT of CO₂e for facilities below the GHG emissions compliance threshold for delivered electricity pursuant to the cap-and-trade regulation during the first compliance period.

TL = Transmission loss correction factor.

TL = 1.02 to account for transmission losses associated with generation outside of a California balancing authority.

TL = 1.0 if the reporting entity provides documentation that demonstrates to the satisfaction of a verifier and ARB that transmission losses (1) have been accounted for, (2) are supported by a California balancing authority, or (3) are compensated by using electricity sourced from within California.

The Executive Officer shall calculate facility-specific or unit-specific emission factors and publish them on the ARB website using the following equation:

EF_sp = E_sp /EG

Where:

E_sp = CO₂e emissions for a specified facility or unit for the report year (MT of CO₂e).

EG = Net generation from a specified facility or unit for the report year shall be based on data reported to the Energy Information Administration (EIA).

To register a specified unit(s) source of power pursuant to section 95111(g)(1), the reporting entity must provide to ARB unit level GHG emissions consistent with the data source requirements of this section and net generation data as reported to the EIA, along with contracts for delivery of power from the specified unit(s) to the reporting entity, and proof of direct delivery of the power by the reporting entity as an import to California.

(A) For specified facilities or units whose operators are subject to this article or whose owners or operators voluntarily report under this article, E_sp shall be equal to the sum of CO₂e emissions reported pursuant to section 95112.

(B) For specified facilities or units whose operators are not subject to reporting under this article or whose owners or operators do not voluntarily report under this article, but are subject to the U.S. EPA GHG Mandatory Reporting Regulation, E_sp shall be based on GHG emissions reported to U.S. EPA pursuant to 40 CFR Part 98 . For GHG emissions reported to U.S. EPA pursuant to 40 CFR Part 98 , if it is not possible to isolate the emissions that are directly related to electricity production, ARB may calculate E_sp based on EIA data. Emissions from combustion of biomass-derived fuels will be based on EIA data until such time the emissions are reported to U.S. EPA.

(C) For specified facilities or units whose operators are not subject to reporting under this article or whose owners or operators do not voluntarily report under this article, nor are subject to the U.S. EPA GHG Mandatory Reporting Regulation, E_sp is calculated using heat of combustion data reported to the Energy Information Administration (EIA) as shown below.

E_sp = 0.001 x £(Q x EF)

Where:

0.001 = conversion factor kg to MT

Q = Heat of combustion for each specified fuel type from the specified facility or unit for the report year (MMBtu). For cogeneration, Q is the quantity of fuel allocated to electricity generation consistent with EIA reporting. For geothermal electricity, Q is the steam data reported to EIA (MMBtu).

EF = CO₂e emission factor for the specified fuel type as required by this article (kg CO₂e /MMBtu). For geothermal electricity, EF is the estimated CO₂ emission factor published by EIA.

(D) Facilities or units will be assigned an emission factor by the Executive Officer based on the type of fuel combusted or the technology used when a U.S. EPA GHG Report or EIA fuel consumption report is not available, including new facilities and facilities located outside the U.S.

(E) Meter Data Requirement. For verification purposes, electric power entities shall retain meter generation data to document that the power claimed by the reporting entity was generated by the facility or unit at the time the power was directly delivered.

1. A lesser of analysis is applicable to imports from specified sources, including imported electricity under EIM, for which ARB has calculated an emission factor of zero, and for imports from California Renewable Portfolio Standard (RPS) eligible resources, excluding the following:

(1) contract or ownership agreements, known as grandfathered contracts that meet California RPS program requirements in Public Utilities Code Section 399.16(d) or California Code of Regulations, Title 20 Section 3202(a)(2)(A);

(2) dynamically tagged power deliveries;

(3) nuclear power;

(4) asset controlling supplier power; and

(5) imports from hydroelectric facilities for which an entity's share of metered output on an hourly basis is not established by power contract. A lesser of analysis is required pursuant to the following equation:

Sum of Lesser of MWh = £HM_sp min(MG_sp^*S_sp, TG_sp)

Where:

£HM_sp = Sum of the Hourly Minimum of MG_sp and TG_sp (MWh).

MG_sp = metered facility or unit net generation (MWh).

S_sp = entity's share of metered output, if applicable.

TG_sp = tagged or transmitted energy at the transmission or sub-transmission level imported to California (MWh).

2. An EPE may conduct the lesser of analysis voluntarily for those resources excluded in section 95111(b)(2)(E) (1.).

(3)Calculating GHG Emissions of Imported Electricity Supplied by Asset-Controlling Suppliers. Based on annual reports submitted to ARB pursuant to section 95111(f), ARB will calculate and publish on the ARB website the system emission factor for all asset-controlling suppliers recognized by the ARB. The reporting entity must calculate emissions for electricity supplied using the following equation:

CO₂e = MWh x TL x EF_ACS

Where:

CO₂e = Annual CO₂ equivalent mass emissions from the specified electricity deliveries from ARB-recognized asset-controlling suppliers (MT of CO₂e).

MWh = Megawatt-hours of specified electricity deliveries.

EF_ACS = Asset-Controlling Supplier system emission factor published on the ARB Mandatory Reporting website (MT CO₂e/MWh). ARB will assign the system emission factors for all asset-controlling suppliers based on a previously verified GHG report submitted to ARB pursuant to section 95111(f). The supplier-specific system emission factor is calculated annually by ARB. The calculation is derived from data contained in annual reports submitted pursuant to section 95111(f) that have received a positive or qualified positive verification statement. The emission factor is based on data from two years prior to the reporting year.

TL = Transmission loss correction factor.

TL = 1.02 when deliveries are not reported as measured at a first point of receipt located within the balancing authority area of the asset-controlling supplier.

TL = 1.0 when deliveries are reported as measured at a first point of receipt located within the balancing authority area of the asset-controlling supplier.

The Executive Officer shall calculate the system emission factor for asset-controlling suppliers using the following equations:

EF_ACE = Sum of System Emissions MT of CO₂e / Sum of System MWh

Sum of System Emissions, MT of CO₂e = £E_asp + £(PE_sp^* EF_sp) + £(PE_unsp^* EF_unsp) - £(SE_sp^* EF_sp)

Sum of System MWh = £EG_asp + £PE_sp + £PE_unsp - £SE_sp

Where:

£E_asp = Emissions from Owned Facilities. Sum of CO₂e emissions from each specified facility/unit in the asset-controlling supplier's fleet, consistent with section 95111(b)(2) (MT of CO₂e).

£EG_asp = Net Generation from Owned Facilities. Sum of net generation for each specified facility/unit in the asset-controlling supplier's fleet for the data year as reported to ARB under this article (MWh).

PE_sp = Electricity Purchased from Specified Sources. Amount of electricity purchased wholesale and taken from specified sources by the asset-controlling supplier for the data year as reported to ARB under this article (MWh).

PE_unsp = Electricity Purchased from Unspecified Sources. Amount of electricity purchased wholesale from unspecified sources by the asset-controlling supplier for the data year as reported to ARB under this article (MWh).

SE_sp = Electricity Sold from Specified Sources. Amount of wholesale electricity sold from specified sources by the asset-controlling supplier for the data year as reported to ARB under this article (MWh).

EF_sp = CO₂e emission factor as defined for each specified facility or unit calculated consistent with section 95111(b)(2) (MT CO₂e/MWh).

EF_unsp = Default emission factor for unspecified sources calculated consistent with section 95111(b)(1) (MT CO₂e/MWh).

(4)Calculating GHG Emissions of Imported Electricity for Multi-jurisdictional Retail Providers. Multi-jurisdictional retail providers must include emissions and megawatt-hours in the terms below from facilities or units that contribute to a common system power pool. Multi-jurisdictional retail providers do not include emissions or megawatt-hours in the terms below from facilities or units allocated to serve retail loads in designated states pursuant to a cost allocation methodology approved by the California Public Utilities Commission (CPUC) and the utility regulatory commission of at least one additional state in which the multi-jurisdictional retail provider provides retail electric service. Multi-jurisdictional retail providers must calculate emissions that have a compliance obligation using the following equation:

CO₂e = (MWh_R x TL_R - MWh_WSP-CA - EG_CA) x EF_MJRP + MW_WSP-notCA x TL_WSP x EF_unsp - CO₂e_linked

Where:

CO₂e = Annual CO₂e mass emissions of imported electricity (MT of CO₂e).

MWh_R = Total electricity procured by multi-jurisdictional retail provider to serve its retail customers in California, reported as retail sales for California service territory, MWh.

MWh_WSP-CA = Wholesale electricity procured in California by multi-jurisdictional retail provider to serve its retail customers in California, as determined by the first point of receipt on a NERC e-Tag and pursuant to a cost allocation methodology approved by the California Public Utilities Commission (CPUC) and the utility regulatory commission of at least one additional state in which the multi-jurisdictional retail provider provides retail electric service, MWh.

MWh_{WSP-not CA} = Wholesale electricity imported into California by multi-jurisdictional retail provider with a final point of delivery in California and not used to serve its California retail customers, MWh.

EF_MJRP = Multi-jurisdictional retail provider system emission factor calculated by ARB pursuant to subsection 95111(b)(3) and consistent with a cost allocation methodology approved by the California Public Utilities Commission (CPUC) and the utility regulatory commission of at least one additional state in which the multi-jurisdictional retail provider provides retail electric service.

EF_unsp = Default emission factor for unspecified sources calculated consistent with section 95111(b)(1) (MT CO₂e/MWh).

EG_CA =Net generation measured at the busbar of facilities and units located in California that are allocated to serve its retail customers in California pursuant to a cost allocation methodology approved by the California Public Utilities Commission (CPUC) and the utility regulatory commission of at least one additional state in which the multi-jurisdictional retail provider provides retail electric service, MWh.

TL = Transmission loss correction factor.

TL_WSP = 1.02 for transmission losses applied to wholesale power.

TL_R = Estimate of transmission losses from busbar to end user reported by multi-jurisdictional retail provider.

CO₂e_linked = Annual CO₂e mass emissions recognized by ARB pursuant to linkage under subarticle 12 of the cap-and-trade regulation (MT of CO₂e).

(5)Calculation of Covered Emissions. For imported electricity with covered emissions as defined pursuant to section 95102(a), the electric power entity must calculate covered emissions pursuant to the equation in section 95852(b)(1)(B) of the cap-and-trade regulation. CO₂e_{RPS adjustment} is calculated based on the following equation:

CO₂e_{RPS adjustment} = Sum of CO₂ equivalent mass emissions adjustment is calculated using the following equation for electricity generated by each eligible renewable energy resource located outside the State of California and registered with ARB by the reporting entity pursuant to section 95111(g)(1), but not directly delivered as defined pursuant to section 95102(a). Electricity included in the RPS adjustment must meet the requirements pursuant to section 95852(b)(4) of the cap-and-trade regulation (MT of CO₂e).

CO₂e_{RPS adjustment} = MWh_RPS x EF_unsp (MTCO₂e/MWh)

Where:

MWh_RPS = Sum of MWh generated by each eligible renewable energy resource located outside of the State of California, registered with ARB pursuant to section 95111(g)(1), and meeting requirements pursuant to section 95852(b)(4) of the cap-and-trade regulation.

EF_unsp = Default emission factor for unspecified sources calculated consistent with section 95111(b)(1) (MTCO₂e/MWh).

(c)Additional Requirements for Retail Providers, excluding Multi-jurisdictional Retail Providers. Retail providers must include the following information in the GHG emissions data report for each report year, in addition to the information identified in sections 95111(a)-(b) and (g).

(1) Retail providers must report California retail sales. A retail provider who is required only to report retail sales may choose not to apply the verification requirements specified in section 95103, if the retail provider deems the emissions data report non-confidential.

(2) Retail providers may elect to report the subset of retail sales attributed to the electrification of shipping ports, truck stops, and motor vehicles if metering is available to separately track these sales from other retail sales.

(3) For facilities or units located outside California in a jurisdiction where a GHG emissions trading system has not been approved for linkage pursuant to subarticle 12 of the cap-and-trade regulation, that are fully or partially owned by a retail provider that have GHG emissions greater than the default emission factor for unspecified imported electricity based on the most recent GHG emissions data report submitted to ARB or U.S. EPA, the retail provider must include:

(A) Information required in section 95111(g)(1) in data years with no reported imported electricity from the facility or unit;

(B) The quantity of electricity from the facility or unit sold by the retail provider or on behalf of the retail provider having a final point of delivery outside California, as measured at the busbar.

(C)High GHG-Emitting Facilities or Units. For facilities or units that are operated by a retail provider or fully or partially owned by a retail provider, excluding multi-jurisdictional retail providers, and that have emissions greater than the default emission factor for unspecified electricity based on the most recent GHG emissions data report submitted to ARB or to U.S.EPA, the retail provider must report the following information:

1. When the product of net generation (MWh) and ownership share is greater than imported electricity (MWh), emissions associated with electricity not imported into California must be reported as

CO₂e _{not imported} = (EG_sp^*OS - I_sp)*EF_sp.

Where:

EG_sp = facility or unit net generation, MWh.

OS = fraction ownership share.

I_sp = imported electricity, MWh.

EF_sp. = facility or unit-specific emission factor, MT of CO₂e/MWh.

2. List the replacement generation sources, locations, and whether they are new units when I_sp <90 percent of EG_sp^*OS and when a facilty specified in the previous report year has no imported electricity in the current report year.

(4) Retail providers that report as electricity importers or exporters also must separately report electricity imported from specified and unspecified sources by other electric power entities to serve their load, designating the electricity importer. In addition, all imported electricity transactions documented by NERC e-Tags where the retail provider is the PSE at the sink must be reported.

(d)Additional Requirements for Multi-Jurisdictional Retail Providers. Multi-jurisdictional retail providers that provide electricity into California at the distribution level must include the following information in the GHG emissions data report for each report year, in addition to the information identified in sections 95111(a)-(b).

(1) A report of the electricity transactions and GHG emissions associated with the common power system or contiguous service territory that includes consumers in California. This includes the requirements in this section as applicable for each generating facility or unit in the multi-jurisdictional retail provider's fleet;

(2) The multi-jurisdictional retail provider must include in its emissions data report wholesale power purchased and taken (MWh) from specified and unspecified sources and wholesale power sold from specified sources according to the specifications in this section, and as required for ARB to calculate a supplier-specific emission factor;

(3) Total retail sales (MWh) by the multi-jurisdictional retail provider in the contiguous service territory or power system that includes consumers in California;

(4) Retail sales (MWh) to California customers served in California's portion of the service territory;

(5) GHG emissions associated with the imported electricity, including both California retail sales and wholesale power imported into California from the retail provider's system, according to the specifications in this section;

(6) Multi-jurisdictional retail providers that serve California load must claim as specified power all power purchased or taken from facilities or units in which they have operational control or an ownership share or written power contract;

(7) Multi-jurisdictional retail providers that serve California load may elect to exclude information listed in 95111(g)(1)(E)-(J) when registering claims to specified power from facilities located outside California and participating in the Federal Energy Regulatory Commission's PURPA Qualifying Facility program.

(e)Additional Requirements for WAPA and DWR.

(1) In reporting its GHG emissions to ARB, the California Department of Water Resources shall include all applicable information identified in this article for retail providers, including the amount of electricity used for pump loads, to operate the State Water Project.

(2) In reporting its GHG emissions to ARB, the Western Area Power Agency shall include all applicable information identified in this article for retail providers, including the amount of electricity used for pump loads, to operate the Central Valley Project.

(f)Additional Requirements for Asset-Controlling Suppliers. Owners or operators of electricity generating facilities or exclusive marketers for certain generating facilities may apply for an asset-controlling supplier designation from ARB. Approved asset-controlling suppliers may request that ARB calculate a supplier-specific emission factor pursuant to section 95111(b)(3).

To apply for asset-controlling supplier designation, the applicant must:

(1) Meet the requirements in this article, including reporting pursuant to section 95111 as applicable for each generating facility or unit in the supplier's fleet;

(2) Include in its emissions data report wholesale power purchased and taken (MWh) from specified and unspecified sources and wholesale power sold from specified sources according to the specifications in this section, and as required for ARB to calculate a supplier-specific emission factor;

(3) Retain for verification purposes documentation that the power sold by the supplier originated from the supplier's fleet of facilities and either that the fleet is under the supplier's operational control or that the supplier serves as the fleet's exclusive marketer;

(4) Provide the supplier-specific ARB identification number to electric power entities who purchase electricity from the supplier's system.

(5) To apply for and maintain asset-controlling supplier status, the entity shall submit as part of its emissions data report the following information, annually:

(A) General business information, including entity name and contact information;

(B) List of officer names and titles;

(C) Data requirements per section 95111(b)(3);

(D) Data requirements per section 95111(g)(1);

(E) A list and description of electricity generating facilities for which the reporting entity is a generation providing entity pursuant to 95102(a); and,

(F) An attestation, in writing and signed by an authorized officer of the applicant, as follows:

"I certify under penalty of perjury under the laws of the State of California that I am duly authorized by [name of entity] to sign this attestation on behalf of [name of entity], that [name of entity] meets the definition of an asset-controlling supplier as specified in section 95102(a) of the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, title 17, California Code of Regulations, section 95100 et seq., and that the information submitted herein is true, accurate, and complete." Asset-controlling suppliers must annually adhere to all reporting and verification requirements of this article, or be removed from asset-controlling supplier designation. Asset-controlling suppliers will also lose their designation if they receive an adverse verification statement, but may reapply in the following year for re-designation.

(g)Requirements for Claims of Specified Sources of Electricity and for Eligible Renewable Energy Resources in the RPS Adjustment.

Each reporting entity claiming specified facilities or units for imported or exported electricity must register its anticipated specified sources with ARB pursuant to subsection 95111(g)(1) by February 1 following each data year to obtain associated emission factors calculated by ARB for use in the emissions data report required to be submitted by June 1 of the same year. If an operator fails to register a specified source by the June 1 reporting deadline specified in section 95103(e), the operator must use the emission factor provided by ARB for a specified facility or unit in the emissions data report required to be submitted by June 1 of the same year. Each reporting entity claiming specified facilities or units for imported or exported electricity must also meet requirements pursuant to subsection 95111(g)(2)-(5) in the emissions data report. Each reporting entity claiming an RPS adjustment, as defined in section 95111(b)(5), pursuant to section 95852(b)(4) of the cap-and-trade regulation must include registration information for the eligible renewable energy resources pursuant to subsection 95111(g)(1) in the emissions data report. Prior registration and subsections 95111(g)(2)-(5) do not apply to RPS adjustments. Registration information and the amount of electricity claimed in the RPS adjustment must be fully reconciled and corrections must be certified within 45 days following the emissions data report due date.

(1)Registration Information for Specified Sources and Eligible Renewable Energy Resources in the RPS Adjustment. The following information is required:

(A) The facility names and, for specification to the unit level, the facility and unit names.

(B) For sources with a previously assigned ARB identification number, the ARB facility or unit identification number or supplier number published on ARB's mandatory reporting program website. For newly specified sources, ARB will assign a unique identification number.

(C) If applicable, the facility and unit identification numbers as used for reporting to the U.S. EPA Acid Rain Program, U.S. EPA pursuant to 40 CFR Part 98 , U.S. Energy Information Administration, Federal Energy Regulatory Commission's PURPA Qualifying Facility program, California Energy Commission, and California Independent System Operator, as applicable.

(D) The physical address of each facility, including jurisdiction.

(E) Provide names of facility owner and operator.

(F) The percent ownership share and whether the facility or unit is under the electricity importer's operational control.

(G) Total facility or unit gross and net nameplate capacity when the electricity importer is a GPE.

(H) Total facility or unit gross and net generation when the electricity importer is a GPE.

(I) Start date of commercial operation and, when applicable, date of repowering.

(J) GPEs claiming additional capacity at an existing facility must include the implementation date, the expected increase in net generation (MWh), and a description of the actions taken to increase capacity.

(K) Designate whether the facility or unit is a newly specified source, a continuing specified source, or was a specified source in the previous report year that will not be specified in the current report year.

(L) Provide the primary technology or fuel type as listed below:

1. Variable renewable resources by type, defined for purposes of this article as pure solar, pure wind, and run-of-river hydroelectricity;

2. Hybrid facilities such as solar thermal;

3. Hydroelectric facilities [LESS THAN EQUAL TO] 30 MW, not run-of-river;

4. Hydroelectric facilities > 30 MW;

5. Geothermal binary cycle plant or closed loop system;

6. Geothermal steam plant or open loop system;

7. Units combusting biomass-derived fuel, by primary fuel type;

8. Nuclear facilities;

9. Cogeneration by primary fuel type;

10. Fossil sources by primary fuel type;

11. Co-fired fuels;

12. Municipal solid waste combustion;

13. Other.

(M) Provide the primary facility name, total number of Renewable Energy Credits (RECs), the vintage year and month, and serial numbers of the RECs as specified below:

1. RECs associated with electricity procured from an eligible renewable energy resource and reported as an RPS adjustment as well as whether the RECs have been placed in a retirement subaccount and designated as retired for the purpose of compliance with the California RPS program.

2. RECs associated with electricity procured from an eligible renewable energy resource and reported as an RPS adjustment in a previous emissions data report year that were subsequently withdrawn from the retirement subaccount or modified, the associated emissions data report year the RPS adjustment was claimed, and the date of REC withdrawal or modification.

3. RECs associated with electricity generated, directly delivered, and reported as specified imported electricity and whether or not the RECs have been placed in a retirement subaccount. Failure to report REC serial numbers associated with specified source imported electricity from an eligible renewable energy resource represents a nonconformance with this article and in itself will not result in an adverse verification statement. In such cases, the specified source emission factors assigned by ARB must still be used to calculate emissions associated with the imported electricity.

(2)Emission Factors. The emission factor published on the ARB website, calculated by ARB according to the methods in section 95111(b), must be used when reporting GHG emissions for a specified source of electricity.

(3)Delivery Tracking Conditions Required for Specified Electricity Imports. Electricity importers must claim a specified source when the electricity delivery meets any of the criteria for direct delivery of electricity defined in section 95102(a), and one of the following sets of conditions:

(A) The electricity importer is a GPE; or

(B) The electricity importer has a written power contract for electricity generated by the facility or unit, subject to meeting all other specified source requirements.

(4)Additional Information for Specified Sources. For each claim to a specified source of electricity, the electricity importer must indicate whether one or more of the following descriptions applies.

(A) Deliveries from specified sources previously reported as consumed in California. Specified source of electricity has been reported in a 2009 verified data report and is claimed for the current data year by the same electricity importer, based on a written power contract or status as a GPE in effect prior to January 1, 2010 that remains in effect, or that has been renegotiated for the same facility or generating unit for up to the same share or quantity of net generation within 12 months following prior expiration; or a specified facility for which imported electricity was reported as greater than 80 percent of net generation in the 2009 or 2010 data years;

(B) Deliveries from existing federally owned hydroelectricity facilities by exclusive marketers. Electricity from specified federally owned hydroelectricity facility delivered by exclusive marketers;

(C) Deliveries from existing federally owned hydroelectricity facilities allocated by contract. Specified federally owned hydroelectricity source delivered by electricity importers with a written power contract in effect within 12 months after changes in rights due to federal power allocation or redistribution policies, including acts of Congress, and not related to price bidding, that remains in effect or has been renegotiated for the same facility for up to the same share or quantity of net generation within 12 months following prior contract expiration;

(D) Deliveries from new facilities. Specified source of electricity is first registered pursuant to section 95111(g)(1) and delivered by an electricity importer within 12 months of the start date of commercial operation and the electricity importer making a claim in the current data year is either a GPE or purchaser of electricity under a written power contract;

(E) Deliveries from existing facilities with additional capacity. Specified source of electricity is first registered pursuant to section 95111(g)(1) and delivered by a GPE within 12 months of the start date of an increase in the facility's generating capacity due to increased efficiencies or other capacity increasing actions.

(h)Imported Electricity in the Energy Imbalance Market (EIM).

(1)Calculation of EIM Outstanding Emissions. Each year after the verification deadline in section 95103(f), ARB will calculate "EIM Outstanding Emissions" for the previous calendar year using information reported annually by EIM Participating Resource Scheduling Coordinators with imported electricity in EIM pursuant to section 95111(h)(1)(C), and information received from CAISO under an annual subpoena. Annual information reported by EIM Participating Resource Scheduling Coordinators must be based on the results of each 5-minute interval. In 2019, ARB will calculate EIM Outstanding Emissions separately for the time periods of January 1, 2019 to March 31, 2019, and April 1, 2019 to December 31, 2019.

(A)EIM Outstanding Emissions as calculated by ARB. "EIM Outstanding Emissions" equals "Total California EIM Emissions" less the sum of "Deemed Delivered EIM Emissions" as reported by EIM Participating Resource Scheduling Coordinators in section 95111(h)(1)(C) for a data year.

(B)Total California EIM Emissions as calculated by ARB. Annually, based on each 5-minute interval, ARB will calculate the CO2 equivalent mass emissions associated with imported electricity in EIM using the following equation:

CO₂e = MWh x EFunsp x TL

Where:

CO₂e = CO₂ equivalent mass emissions from Total California EIM electricity (MT of CO₂e).

MWh = Megawatt-hours of EIM imports used to serve California load.

EF_unsp = Default emission factor for unspecified electricity imports in 95111(b)(1)

EF_unsp = 0.428 MT of CO₂e/MWh

TL = 1.02 (transmission loss factor) in 95111(b)(1).

(C)Deemed Delivered EIM Emissions Reported by EIM Participating Resource Scheduling Coordinators. Annually, based on the results of each 5-minute interval, each EIM Participating Resource Scheduling Coordinator must calculate, report, and cause to be verified, emissions associated with electricity imported as deemed delivered to California by the EIM optimization model. For data year 2019 only, EIM Participating Resource Scheduling Coordinators shall calculate, report, and cause to be verified Deemed Delivered EIM Emissions for two time periods. EIM Participating Resource Scheduling Coordinators shall separately calculate, report, and cause to be verified Deemed Delivered EIM Emissions from January 1, 2019 through March 31, 2019. EIM Participating Resource Scheduling Coordinators shall separately calculate, report, and cause to be verified Deemed Delivered EIM Emissions from April 1, 2019 through December 31, 2019.

(2)EIM Purchaser Emissions as Calculated by CARB. Each year after the verification deadline in section 95103(f), CARB will calculate each EIM Purchaser's "EIM Purchaser Emissions" for the previous calendar year using information reported annually by EIM Participating Resource Scheduling Coordinators with imported electricity in EIM, retail sales in MWh reported annually by EIM Purchasers pursuant to 95111(h)(2)(B), and information received from CAISO under an annual subpoena. For data year 2019, this section is applicable from April 1, 2019 through December 31, 2019 using EIM Outstanding Emissions calculated pursuant to 95111(h)(1) for the time period April 1, 2019 to December 31, 2019.

(A)EIM Purchaser Emissions as calculated by CARB. For each EIM Purchaser, as defined in section 95102, CARB will calculate the CO₂ equivalent mass EIM Purchaser Emissions, using the following equation:

EIM Purchaser Emissions =

EIM Outstanding Emissions * (EIM Purchaser's Retail Sales)/(Total EIM Purchasers' Retail Sales)

Where:

EIM Outstanding Emissions equals the total emissions calculated pursuant to section 95111(h)(1).

EIM Purchaser's Retail Sales equals the EIM Purchaser's total retail sales reported pursuant to section 95111(h)(2)(B).

Total EIM Purchasers' Retail Sales is the sum of all EIM Purchaser's Retail Sales as reported pursuant to 95111(h)(2)(B).

(B) EIM Purchaser's Retail Sales. Each EIM Purchaser's retail sales will equal its annual total California retail sales reported and verified pursuant to this section.

1. Each EIM Purchaser shall calculate, report and verify its annual California retail sales pursuant to this section and sections 95101(h)(2)(D), 95111(c)(1) and 95111(d)(4), as applicable.

2. EIM Purchasers who are investor owned utilities, shall calculate, report and cause to be verified, the name(s) and total California retail sales of each load-serving entity in its electrical distribution service territory.

Cal. Code Regs. Tit. 17, § 95111

1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. Amendment of section heading, section and NOTE filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
3. Amendment filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
4. Amendment of subsections (a)(4), (a)(4)A1.-(a)(5) and (a)(5)(B), new subsection (a)(5)(E) and amendment of subsections (b)(3) and (c)(1) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
5. New subsection (a)(12), amendment of subsections (b)(2) and (b)(2)(B), new subsection (b)(2)(E), amendment of subsections (f)(5)(E) and (g) and repealer of subsection (g)(1)(N) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
6. Amendment filed 9-1-2017; operative 1-1-2018 (Register 2017, No. 35).
7. Amendment of subsections (h)(1)-(h)(1)(A) and (h)(1)(C) and new subsections (h)(2)-(h)(2)(B)2. filed 3-29-2019; operative 4-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).

Note: Authority cited: Sections 38510, 38530, 39600, 39601, 39607, 39607.4 and 41511, Health and Safety Code. Reference: Sections 38530, 39600 and 41511, Health and Safety Code.

1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. Amendment of section heading, section and Note filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
3. Amendment filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
4. Amendment of subsections (a)(4), (a)(4)A1.-(a)(5) and (a)(5)(B), new subsection (a)(5)(E) and amendment of subsections (b)(3) and (c)(1) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
5. New subsection (a)(12), amendment of subsections (b)(2) and (b)(2)(B), new subsection (b)(2)(E), amendment of subsections (f)(5)(E) and (g) and repealer of subsection (g)(1)(N) filed 12-31-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
6. Amendment filed 9-1-2017; operative 1/1/2018 (Register 2017, No. 35).
7. Amendment of subsections (h)(1)-(h)(1)(A) and (h)(1)(C) and new subsections (h)(2)-(h)(2)(B)2. filed 3-29-2019; operative 4/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).