Section 469A.435 - Determining compliance with clean energy targets; unplanned emissions(1)(a) In determining whether a retail electricity provider has complied with the clean energy targets set forth in ORS 469A.410, the Public Utility Commission shall take into consideration unplanned emissions in excess of the amount projected in an electric company's clean energy plan submitted under ORS 469A.415 or the information provided by an electricity service supplier under ORS 469A.420(3), to the extent:(A) The emissions are in excess of the clean energy targets set forth in ORS 469A.410;(B) Generation of electricity from nonemitting resources forecasted to meet electricity demand is less than expected, including variability in the generation, transmission, constraints or other causes; and(C) The additional emissions are from the generation of electricity necessary to meet load.(b) A retail electricity provider that continues to be out of compliance with the clean energy targets set forth in ORS 469A.410 for more than 12 months as a result of unplanned emissions as described in paragraph (a)(A) to (C) of this subsection shall include a detailed plan on how the retail electricity provider will return to compliance as soon as practicable, subject to approval by the commission, for an electric company, in a subsequent clean energy plan or, for an electricity service supplier, in a subsequent submission to the commission under ORS 469A.420(3).(2) Greenhouse gas emissions associated with electricity acquired from net metering of customer resources or a qualifying facility under the terms of the Public Utility Regulatory Policies Act shall be excluded from the determination of the retail electricity provider's total greenhouse gas emissions.(3) For purposes of determining whether a retail electricity provider has complied with the clean energy targets set forth in ORS 469A.410, electricity, other than unspecified market power, purchased from the Bonneville Power Administration for delivery to retail electricity consumers shall be deemed to have the Bonneville Power Administration asset controlling supplier emission factor reported to the Department of Environmental Quality under ORS 468A.280, or rules adopted pursuant thereto.(4)(a) For an electric company subject to ORS 469A.052, the commission shall initiate a process to update the avoided costs calculated pursuant to ORS 758.525 for a qualifying facility under ORS 758.505 to ensure avoided costs accurately reflect the characteristics of generators that contribute to compliance with ORS 469A.400 to 469A.475.(b) The process initiated by the commission under paragraph (a) of this subsection may commence no sooner than two calendar years before the calendar year identified in the electric company's acknowledged integrated resource plan that shows the electric company will meet or exceed the requirements described in ORS 469A.052(1)(h) and must conclude no later than the calendar year identified in the acknowledged integrated resource plan that shows the electric company will meet or exceed the requirements described in ORS 469A.052(1)(h).