Section 407-311-7 - VERIFICATION; REPORTINGA.Provider Demonstration. Each competitive electricity provider has the obligation to demonstrate compliance with the portfolio requirements contained in this Chapter.B.Verification Method. Competitive electricity providers must verify compliance with the portfolio requirements as specified in this subsection. 1.ISO-NE Control Area. For electricity or thermal energy generation in the ISO-NE control area, verification of compliance with the portfolio requirements must be through eligible GIS certificates. For purposes of compliance with this provision, all competitive electricity providers must have at least one Maine GIS sub-account.2.NMISA Area. For electricity or thermal energy generation in the NMISA area, verification of compliance with the portfolio requirement must be through eligible NAR certificates.3.Compliance. Competitive electricity providers may verify compliance through any combination of GIS and NAR certificates.C.Other Jurisdictions. GIS certificates or NAR certificates used to satisfy obligations in other jurisdictions shall not be used to satisfy the portfolio requirements of this Chapter.D.Physical Deliverability. The source of GIS certificates used to satisfy the portfolio requirements must be electric or thermal energy that is physically delivered to the ISO-NE control area or is located in the ISO-NE control area. The source of NAR certificate used to satisfy the portfolio requirements must be physically delivered to the NMISA area or is located in the NMISA area. For purposes of this Chapter, electric energy physically delivered is energy that is recognized pursuant to the rules of the ISO-NE or NMISA as serving load obligations in New England or is otherwise used to serve electricity load within the ISO-NE or NMISA control areas.E.Multi-Fuel Facilities. Multi-fuel facilities shall be treated in accordance with the GIS rules or NAR rules, as applicable.F.Pumped-Storage Hydroelectric Facilities. Pumped-storage hydroelectric facilities shall be treated in accordance with the GIS rules or NAR rules, as applicable.G.Annual Reports. On or before July 1 of each year, each competitive electricity provider must submit an annual report that contains information that documents compliance with the portfolio requirements of this Chapter over the previous compliance period. At a minimum, the annual report must include the following information for the compliance period: 1. total retail kilowatt-hour sales in Maine;2. total retail kilowatt-hour sales in Maine served from Class I, Class IA and eligible resources;3. the amount of thermal energy RECs obtained; and4. reports from the GIS Administrator or NAR Administrator as applicable; Any retail electricity sales for which a competitive electricity provider is claiming an exemption pursuant to the provisions of Sections 3 or 5 must be identified and supported with appropriate documentation in the report.
H.Officer Certification. Each annual report must contain a certification by a corporate officer that the competitive electricity provider has complied with the portfolio requirements of this Chapter and that all eligible GIS certificates or NAR certificates used to satisfy the portfolio requirements in Maine have not been used by the competitive electricity provider to satisfy any load obligations in other jurisdictions.I.Initial Demonstration Statements. At the time of application for a license pursuant to Chapter 305, each competitive electricity provider must submit an initial demonstration statement. The initial demonstration statement shall contain an estimate of retail sales in Maine over the compliance period and a description of the means by which the competitive electricity provider will comply with the portfolio requirements, including contracts or entitlements to eligible generation facilities.J.Additional Information. The Commission may at any time request and obtain information from a competitive electricity provider that the Commission determines is needed to monitor or enforce compliance with this Chapter.K.Audits. The Commission may at any time conduct an audit of any competitive electricity provider to verify compliance with the portfolio requirements of this Chapter. Upon request by the Commission, a competitive electricity provider must provide any information that the Commission determines is needed to conduct the audit and verify compliance with this Chapter.L.Rejection of Certificates. The Commission may reject the use of certain GIS certificates or NAR certificates as a means to satisfy the portfolio requirements of this Chapter if it finds that the source of GIS certificates or NAR certificates is not a qualifying Class I, Class IA, an eligible resource, or thermal energy, that rejection is necessary to avoid the double counting of electricity attributes or for other good cause.M.Generation Facilities. The Commission may at any time conduct an investigation into whether a designated generation or thermal energy source is a qualifying Class I, Class IA, an eligible resource, for purposes of this Chapter. The Commission may request and obtain information from a generation or thermal energy facility that the Commission determines is needed to verify qualification pursuant to this Chapter. The Commission may reject the use of GIS certificates or NAR certificates if a generation or thermal energy facility fails to comply with a request for information made pursuant to this provision.N.Confidentiality. The Commission may subject any information required by this section to appropriate protective orders.65-407 C.M.R. ch. 311, § 7