Or. Admin. Code § 123-093-0800
Current through Register Vol. 63, No. 10, October 1, 2024
Section 123-093-0800 - Reporting Requirements(1) Applicants of eligible projects selected to participate will be sent an email with an offer to enroll in the SDI program. If the Applicant wishes to enroll a selected project they will be required sign a program enrollment contract which includes the following reporting requirements: (a) Enrollment Confirmation Project Description - Due as part of enrollment contracting and including, but not limited to, the following project components as applicable: (A) Project ownership and Affiliated Entities details. This includes the disclosure of all individuals and entities that hold, directly or indirectly, ownership interests and/or control of the Enrolled Project. This also includes purchase options, partnership flips, and expected or scheduled changes in ownership interests or percentages. Project owners must also disclose entities in which they hold, directly or indirectly, ownership interests or control.(B) Project specifications, such as: (ii) Production estimates(iii) Off-taking entity(ies), Renewable Energy Certification status, and anticipated wheeling charges where applicable.(C) Incentive program participation: (i) A list of all other affiliated projects that have applied for SDI funds (ii) A list of all other public incentive programs and associated amounts that the Enrolled Project is receiving or intends to apply to (e.g. federal tax credits, state loan programs, etc.)(D) Project benefits, such as number of full-time-equivalent positions created, including both the construction jobs and operations and maintenance jobs and their associated average wages.(b) Project status report(s). Projects that are not yet operational will be required to submit quarterly project status reports until the project is operational. Project status reports must be submitted to the Department on the 15th day of the month following the close of each calendar quarter until the Enrolled project is completed and online. Failure to submit reports may delay the process of future payments or result in removal from the SDI program. Quarterly project status reports include, but are not limited to, the following project details: (A) Brief narrative summarizing project progress, including key milestones, and progress towards those milestones.(B) Status of required permits and approvals(C) Equipment procurement status(D) Current ownership and any anticipated changes to ownership (c) Commissioning report. After an Enrolled Project is Commercially Operational, and prior to receiving incentive payments, Program Enrollees must submit a Commissioning Report. The Department will review the Commissioning report to ensure that reporting requirements are satisfied. Enrolled Projects that have satisfied the Commission reporting requirements will be given approval to begin submitting production reports. Enrolled Projects that are operational at the time of enrollment must complete a Commissioning Report prior to receiving incentive payments, which can be submitted at the same time as the Enrollment Confirmation Project Description report submission. Commissioning reports include, but are not limited to, the following project details: (A) Project details such as online date, final installed size, and production data access mechanism, brief project narrative, including project description, biggest challenges and lessons learned;(B) Project permit and agreements documentation, including such things as code and safety inspections from the Jurisdiction Having Authority (JHA), utility final inspection report, and fully executed Interconnection Agreement (IA) and indication of approval to connect project to the grid;(C) Project financial summary, including such things as Commitment to Lend documentation, final installed cost, and confirmation of all funding sources and amounts;(D) Current ownership structure and any anticipated changes to ownership; and(E) Final list of associated projects and Affiliated Entities that have applied for SDI funding.(d) Production reports. Projects that have submitted a satisfactory Commissioning report, and have been approved to submit Production reports must submit a monthly production report by the 15th day after the close of the previous month. Delays in reporting may result in a delay in payment. Production reports must include, at a minimum: (A) Monthly kilowatt hour (kWh) production. Monthly kWh production as verified through: (i) The Western Renewable Energy Generation Information System (WREGIS), including EIA Utility and Plant codes, and the WREGIS generator ID, (ii) A Qualifying Reporting Entity,(iii) A production statement from the purchasing utility, or (iv) Another verifiable mechanism as agreed upon with the Department.(B) Capacity Factor. Actual Capacity Factor for the preceding month (C) Changes in capacity. Explanation of unanticipated capacity changes experienced in the previous month, both higher and lower, as well as large capacity deviations anticipated for projected production.(D) Renewable Energy Certificates (REC) status. REC status including owners in Oregon and any changes in REC ownership.(e) Change report. The incentive payments for Enrolled Projects are limited to the electricity produced by the Enrolled Project as described in the incentive program contract. Enrollees must notify the Department of any change in an Enrolled Project scope as soon as possible. (A) Changes to project details, including but not limited to project current or anticipated future ownership, size, location, Off-taking Entity, or to any of the project details evaluated when determining qualifications and eligibility, must be reported to, and approved by the Department to determine if the project is still eligible.(B) Project changes may affect program qualification or eligibility and could result in termination of, or adjustments to program incentive payments. (C) Where a delay in project change reporting results in an overpayment the Department will seek to recapture overpayment and reserves the right to offset future payments as well as other remedies allowable by law to recapture overpayment. (f) Annual report. Forty-five days after the end of the first half of each calendar year, SDI Program Enrollees will submit additional data with their monthly report, including, but not limited to (A) Total number, average wages, and location of jobs associated with the project(B) Federal tax credits claimed in Oregon,(C) Property taxes paid (or total of fee in lieu of), and (D) Total rents paid to land owner.(g) Failure to report. Failure to provide required reports, or failure to fully and accurately report project details as required in each report type, may result in immediate termination of program incentives payments and the removal of all associated Enrolled projects from the SDI program. If the Department determines that a failure to report or a failure to fully and accurately report resulted in Enrollee overpayment, the Department will seek to recapture the overpayment and reserves the right to offset future payments as well as other remedies allowable by law to recapture overpayment.Or. Admin. Code § 123-093-0800
OBDD 1-2017, f. & cert. ef. 2/22/2017Stat. Auth.: Ch. 63, OL 2016 (HB 4037)
Stats. Implemented: Ch. 63, OL 2016 (HB 4037)