N.J. Admin. Code § 14:8-2.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:8-2.11 - Demonstrating compliance, reporting, and recordkeeping

(a) By December 1st of each year, each TPS/BGS provider shall file an annual report with the Board, demonstrating that the TPS/BGS provider has met the requirements of this subchapter for the preceding reporting year (that is, for the reporting year ending May 31st of the same calendar year).

(b) If the annual report required under (a) above does not demonstrate that the TPS/BGS provider has supplied the RECs, SRECs, or TRECs required under Table A of N.J.A.C. 14:8-2.3for the previous reporting year, the annual report shall be accompanied by ACPs and/or SACPs in sufficient quantities to make up the shortfall.

(c) The annual report shall contain the following basic information for the preceding reporting year:

1. The total number of megawatt-hours of electricity sold to retail customers in New Jersey;

2. The total number of class I RECs retired Statewide for the purpose of compliance with this chapter;

3. The percentage of the TPS/BGS provider total New Jersey retail sales that the amount set forth under (c)2 above represents:

4. The total number of class II RECs retired for the purpose of compliance with this chapter;

5. The percentage of the TPS/BGS providers total New Jersey retail sales that the amount set forth under (c)4 above represents;

6. The total number of SRECs and TRECs retired for the purpose of compliance with this chapter;

7. The percentage of the TPS/BGS providers total retail sales that the amount in (b)6 above represents;

8. The total amount of solar electric generation, class I renewable energy, and class II renewable energy represented by RECs, SRECs, and TRECs submitted with the annual report;

9. The total number of ACPs and/or SACPs submitted with the annual report;

10. A summary demonstrating how compliance with the requirements in Table A has been achieved;

11. An accounting issued by PJM-EIS that shows the number of RECs purchased and/or held by the TPS/BGS provider; and

12. The price of each REC, SREC, and/or TREC that was retired during the energy year.

(d) The documentation required under (c) above shall include the following:

1. Identification of each generating unit, including its location, fuel and technology type, and any unique State and/or Federal facility or plant identification number;

2. An affidavit from the operator of each generating unit that the specified amount of megawatt-hours from each renewable energy source was generated by and/or sold to the TPS/BGS provider and that the TPS/BGS provider has sole and exclusive title to the renewable energy and has not been used to meet the RPS energy requirements in any other state or jurisdiction;

3. An affidavit from the TPS/BGS provider that the specified megawatt-hours were delivered into the PJM region and complied with PJM Interconnection energy delivery rules; and

4. For each SREC and TREC submitted, certification of compliance with the requirement at N.J.A.C. 14:8-2.4(b) or 10.6(b) that the REC has not been used to satisfy another state's renewable energy requirements. The certification shall be in a form required by the Board, and available on the BPU website at www.njcleanenergy.com.

(e) Failure of a TPS/BGS provider to demonstrate compliance with this subchapter in accordance with this section, within the deadlines set forth in this section, shall subject the TPS/BGS provider to penalties under N.J.A.C. 14:8-1.3.

(f) Each TPS/BGS provider shall keep all records pertaining to the requirements in this subchapter for a period of five years, including data on megawatt-hours resulting from owned generation, contracts, purchases from the wholesale market, and purchases of RECs. Each TPS/BGS provider shall make all pertinent records available for review upon request by the Board or its designee.

N.J. Admin. Code § 14:8-2.11

Amended by 49 N.J.R. 809(a), effective 4/17/2017

Amended by 52 N.J.R. 1850(a), effective 10/5/2020