N.J. Admin. Code § 14:8-6.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 14:8-6.2 - Offshore wind renewable portfolio standards requirements

(a) Each supplier/provider that sells electricity to retail customers in New Jersey shall ensure that the electricity it sells each reporting year in New Jersey includes at least the minimum percentage of offshore wind (OSW) energy required for that energy year as set by the Board following the approval of a qualified offshore wind project.

(b) The total OSW energy requirement for an energy year shall reflect the projected OREC production of qualified OSW projects, for the period covered by the granted ORECs, from the commercial operation start date of the qualified OSW projects.

(c) OREC obligations are a component of Class I renewable energy requirements, and satisfaction of OREC obligations shall be counted toward Class I renewable energy requirements.

(d) A Statewide OREC target will be determined by the Board based on projected OSW production. The total will be allocated among all suppliers/providers in proportion to their retail sales.

(e) A supplier/provider shall meet the requirements for OSW energy generation through:

1. Retirement of offshore wind renewable energy certificates through a renewable energy trading program approved by the Board; or

2. Submittal of offshore wind alternative compliance payments.

(f) Any offshore wind alternative compliance payments collected shall be refunded to the ratepayers.

(g) The offshore wind carve-out to the RPS schedule is as follows:

1. The OSW carve-out shall establish for each energy year:

i. The total number of MWhs that the Board has authorized as eligible to receive ORECs;

ii. Annual RPS requirement or OSW purchase percentage set as a percentage of retail sales a supplier must cover by purchasing ORECs; and

iii. The OREC purchase price that each individual qualified OSW project has been authorized to receive in OREC Orders in effect for the energy year.

2. The OSW carve-out shall:

i. Become effective in the first energy year in which the first approved OSW project's commercial operations date falls, and then be adjusted by the Board on an annual basis to reflect subsequent projects;

ii. Continue for each energy year during which any qualified OSW project is operational, up to and including the energy year in which the last qualified OSW project reaches the end of its term as established in its OREC order;

iii. Be published annually by the Board no less than three months prior to the BGS auction;

iv. Be set and maintained by the Board in order to ensure that sufficient revenues from suppliers, or designated payment agent, are received by the qualified OSW projects for ORECs generated up to each project's approved OREC allowance;

v. Account for any payments made in excess of a project's approved OREC allowance and these payments shall be refunded to ratepayers;

vi. Require the OREC administrator to advise the Board on an annual basis to determine if the OREC purchase percentage is set too high or too low and needs to be reset to meet the annual OREC allowance;

vii. Require the OREC administrator to advise the Board on an annual basis, the amount of the surcharge to be collected by each EDC in order to meet the annual OREC allowance for each qualified offshore wind facility; and

viii. Be evaluated annually, and adjusted if necessary, by the Board to ensure sufficient OREC purchase percentage, including adjustments needed to account for any new OREC orders issued in the previous year and changes to the annual total projected load.

3. The OREC administrator shall conduct a true up twice annually at six months and at 12 months and no later than 120 days after the close of each energy year during each year of supplier obligations, to ensure compliance and provide the Board recommendations for any adjustments to the OSW purchase percentage and OSW carve-out.

4. Any adjustment to the OSW purchase percentage and OSW carve-out schedule shall be made at least three years in advance of the applicable energy year. Adjustments to the Class I requirements, necessitated by a change in the OSW requirement percentage, shall be made in tandem and three years in advance.

5. Suppliers shall:

i. Meet the OSW carve-out requirement by obtaining ORECs from each qualified OSW project in sufficient amounts as verified by the OREC administrator;

ii. Set up a PJM-EIS GATs account to receive ORECs from qualified OSW projects on a quarterly basis through the OREC administrator; and

iii. Retire ORECs from qualified OSW projects on an annual basis in order to meet the OSW carve-out obligation, in the same manner they would retire other types of RECs to meet other RPS obligations.

N.J. Admin. Code § 14:8-6.2

Amended by 51 N.J.R. 219(b), effective 2/19/2019