R8‑66 REGISTRATION
OF RENEWABLE ENERGY FACILITIES; ANNUAL REPORTING REQUIREMENTS
(a) The following terms shall be defined as provided in
G.S. 62-133.8: "electric power supplier"; "renewable energy
certificate"; and "renewable energy facility."
(b) The owner, including an electric power supplier, of
each renewable energy facility, whether or not required to obtain a certificate
of public convenience and necessity pursuant to G.S. 62-110.1, that intends for
renewable energy certificates it earns to be eligible for use by an electric
power supplier to comply with G.S. 62-133.8, or for its facility to participate
in the Competitive Procurement of Renewable Energy Program, shall register the
facility with the Commission. The registration statement shall be in the form
adopted by the Commission, may be filed separately or together with an
application for a certificate of public convenience and necessity, or with a
report of proposed construction by a person exempt from the certification
requirement. All relevant renewable energy facilities shall be registered prior
to their having RECs issued in the North Carolina Renewable Energy Tracking
System (NC-RETS) pursuant to Rule R8-67(h). Contracts for power supplied by an
agency of the federal government are exempt from the requirement to register
and file annually with the Commission if the renewable energy certificates
associated with the power are bundled with the power purchased by the electric
power supplier.
(1) The owner of each renewable energy facility
that has not previously done so, including a facility that is located outside
of the State of North Carolina, shall include in its registration statement the
following information:
(i) The full and correct name, business address,
electronic mailing address, and telephone number of the facility owner;
(ii) A statement of whether the facility owner is an
individual, a partnership, or a corporation and, if a partnership, the name and
business address of each general partner and, if a corporation, the state and
date of incorporation and the name, business telephone number, electronic
mailing address, and business address, of an individual duly authorized to act
as corporate agent for the purpose of the application and, if a foreign
corporation, whether domesticated in North Carolina;
(iii) The nature of the renewable energy facility,
including its technology, the type and source of its power or fuel(s); whether
it produces electricity, useful thermal energy, or both; and the facility's
projected dependable capacity in kilowatts AC and/or British thermal units per
hour, as well as its maximum nameplate capacity;
(iv) The E911 address of the facility, the county in
which the proposed facility will be physically located, and GPS coordinates of
the approximate center of the proposed facility site to the nearest second or
one thousandth of a degree;
(v) A map, such as a county road map, with the location
indicated on the map;
(vi) The ownership of the site and, if the site owner is
other than the facility owner, the facility owner's legal interest in the site;
(vii) A complete list of all federal and state (not
local) licenses, permits, and exemptions required for construction and
operation of the facility, and a statement of whether each has been obtained or
applied for. A copy of those that have been obtained should be filed with the
application. Wind facilities with multiple turbines, where each turbine is
licensed separately, may provide copies of such approvals for one such turbine
of each type in the facility, but shall attest that approvals for all of the
turbines are available for inspection;
(viii) The date the facility began operating. If the
facility is not yet operating, the owner shall provide the facility's projected
in-service date;
(ix) If the facility is already operating, the owner
shall provide information regarding the amount of energy produced by the
facility, net of station use, for the most recent 12-month or calendar-year
period. Energy production data for a shorter time period is acceptable for
facilities that have not yet operated for a full year;
(x) The name of the entity that does (or will) read the
facility's energy production meter(s) for the purpose of renewable energy
certificate issuance;
(xi) For thermal energy facilities, describe the method
to be used to determine the facility's thermal energy production, in Btus per
hour, that is eligible for REC issuance;
(xii) Whether the facility participates in a REC tracking
system, and if so, which one. If the facility does not currently participate in
a REC tracking system, which tracking system the owner anticipates will be used
for the purpose of REC issuance; and
(xiii) If this facility has already been the subject of a
proceeding or submittal before the Commission, such as a Report of Proposed
Construction or a Certificate of Public Convenience and Necessity, provide the
Commission Docket Number, if available.
(2) If the facility is a combined heat and
power system, the owner shall also include in its registration statement the
following information:
(i) A narrative description and one-line diagram of
the electrical and thermal generation systems to include Btu meters, boilers,
steam pressures, valves, turbines, and ultimate uses of the steam. Also,
include any crossover of steam, cross connections (even if by spool piece), or
the ability to supply steam from other means or to other loads;
(ii) A description of the parasitic electrical and
parasitic thermal loads;
(iii) Calculations for the parasitic electrical and
parasitic thermal loads and supporting documents;
(iv) A description of the method of collecting the waste
heat from the electrical generating system;
(v) A description of the host(s) of the waste heat and
an explanation of how the waste heat will be used and useful;
(vi) Calculations of the percent of energy that is
delivered to the steam host(s) but not used and useful; and
(vii) Confirmation if the proposed operation will have
any pressure reducing valves operating simultaneously in parallel with any back
pressure turbines.
(3) If the facility owner intends to earn
multiple types of RECs by using a variety of fuels, the owner shall include in
its registration statement the following additional information:
(i) Example calculations for the energy production
associated with each fuel used by the facility as required by the Appendix C
(Multi‑fuel Generation) to the operating procedures for the North
Carolina Renewable Energy Tracking System. These calculations must ultimately
show the electrical and thermal energy (if any) attributable to only the renewable
fuels and how the number of renewable energy certificates is determined;
(ii) A description of each fuel to be used by the
facility; and
(iii) A description of how the heat content of each fuel
was determined.
(4) The owner of each renewable energy facility
shall certify in its registration statement and annually thereafter that it is
in substantial compliance with all federal and state laws, regulations, and
rules for the protection of the environment and conservation of natural
resources. If a credible showing is made that the facility is not in
substantial compliance with all federal and state laws, regulations, and rules
for the protection of the environment and conservation of natural resources,
the Commission shall refer the matter to the appropriate environmental agency
for review. Registration shall not be revoked unless and until the appropriate
environmental agency concludes that the facility is out of compliance and the
Commission issues an order revoking the registration.
(5) The owner of each renewable energy facility
shall certify in its registration statement and annually thereafter that the
facility satisfies the requirements of G.S. 62‑133.8(a)(5) or (7) as a
renewable energy facility or new renewable energy facility, that the facility
will be operated as a renewable energy facility or new renewable energy
facility, and, if the facility has been placed into service, the date when it
was placed into service
(6) The owner of each renewable energy facility
shall further certify in its registration statement and annually thereafter
that any renewable energy certificates (whether or not bundled with electric
power) sold to an electric power supplier to comply with G.S. 62-133.8 have
not, and will not, be remarketed or otherwise resold for any other purpose,
including another renewable energy portfolio standard or voluntary purchase of
renewable energy certificates in North Carolina (such as NC GreenPower) or any
other state or country, and that the electric power associated with the
certificates will not be offered or sold with any representation that the power
is bundled with renewable energy certificates.
(7) The owner of each renewable energy facility
shall certify in its registration statement and annually thereafter that it
consents to the auditing of its books and records by the Public Staff insofar
as those records relate to transactions with North Carolina electric power
suppliers, and agrees to provide the Public Staff and the Commission access to
its books and records, wherever they are located, and to the facility.
(8) If the facility is already operating, the
owner shall attest that the registration information is true and accurate for
all years that the facility has earned RECs for compliance with G.S. 62-133.8.
Each registration statement shall be signed and verified by the owner of the
renewable energy facility or by an individual duly authorized to act on behalf
of the owner for the purpose of the filing.
(9) Renewable energy facilities and new
renewable energy facilities that have RECs issued in NC-RETS shall provide
their annual certification electronically via NC-RETS. Annual certifications
are due April 1 each year.
(10) Registration statements filed on behalf of a
corporation are not subject to the provision of Rule R1-5(d) that requires
corporate pleadings to be filed by a member of the Bar of the State of North
Carolina. Should a public hearing be required, the requirements of G.S. 84-4
and G.S. 84-4.1 shall be applicable.
(11) The applicant may file the registration
statement electronically or by filing an original of the registration statement
with the Chief Clerk of the Utilities Commission. The registration statement
shall be accompanied by the fee required by G.S. 62-300.
(c) Each re-seller of renewable energy certificates derived
from a renewable energy facility, including a facility that is located outside
of the State of North Carolina, shall ensure that the owner of the renewable
energy facility registers with the Commission prior to the sale of the
certificates by the re-seller to an electric power supplier to comply with G.S.
62-133.8(b), (c), (d), (e) and (f), except that the filing requirements in
subsection (b) of this Rule shall apply only to information for the year(s)
corresponding to the year(s) in which the certificates to be sold were earned.
(d) Upon receipt of a registration statement, the Chief
Clerk will assign a new docket or sub-docket number to the filing.
(e) No later than twenty (20) business days after the
registration statement is filed with the Commission, the Public Staff shall,
and any other interested persons may, file with the Commission and serve upon
the registrant a recommendation regarding whether the registration statement is
complete and identifying any deficiencies. If the Commission determines that
the registration statement is not complete, the owner of the renewable energy
facility will be required to file the missing information. Upon receipt of all
required information, the Commission will promptly issue an order accepting the
registration, denying the registration, or setting the matter for hearing.
(f) Any of the following actions may result in revocation
of registration by the Commission:
(1) Falsification of or failure to disclose any
required information in the registration statement or annual filing;
(2) Failure to remain in substantial compliance
with all federal and state laws, regulations, and rules for the protection of
the environment and conservation of natural resources;
(3) Remarketing or reselling any renewable
energy certificate (whether or not bundled with electric power) after it has
been sold to an electric power supplier or any other person for compliance with
G.S. 62-133.8 or for any other purpose, including another renewable energy
portfolio standard or voluntary purchase of renewable energy certificates in
North Carolina or any other state or country, or offering or selling the
electric power associated with the certificates with any representation that
the power is bundled with renewable energy certificates;
(4) Failure to allow the Commission or the
Public Staff access to its books and records necessary to audit REPS
compliance; or
(5) Failure to provide the annual
certifications required by Rule R8-66(b).
(g) NC-RETS shall maintain on its website a list of all
registration statement revocations.
(h) An owner of a renewable energy facility that has
registered with the Commission shall notify the Commission and the tracking
system that issues the facility's RECs within fifteen (15) days of any change
in the information contained in the registration statement, including ownership
change, fuel change, or permit issuance or revocation. If there is a change in
ownership of the facility, the Commission shall be notified, the registration
of the facility in the name of that facility owner shall be cancelled, and the
new owner may file a registration statement pursuant to this Rule. The
following changes in information are exemplary of changes that require an
amendment to the registration of the facility: a change in the facility owner's
name, a change in the fuel source, a change in the multi-fuel calculations, or
a change in the generating capacity of the facility. The following changes in
information are exemplary of changes that require notice to the Commission, but
do not require an amendment to the registration: a change in the facility
owner's contact information, or a change in the upstream ownership of the
facility owner.
(i) In addition to complying with any other applicable
filing requirements pursuant to this Rule or other Commission rules, the filing
of a FERC Form No. 556 for the purpose of satisfying the notice requirements of
18 C.F.R. 292.207(c) or for the purpose of satisfying the requirements of
section (h) of this Rule, shall be accompanied by a cover letter that
identifies the facility, the facility owner, and the associated docket number
assigned to the matter by the Chief Clerk, and includes a short, plain
statement alerting the Commission to the changed information, if any.
(NCUC Docket No.
E-100, Sub 113, 2/29/08; NCUC Docket No. E-100, Sub 113, 3/13/08; NCUC Docket
No. E-100, Subs 113 & 121, 1/31/11; NCUC Docket No. M-100, Sub 136,
6/26/12; NCUC Docket No. E-100, Sub 134, 3/18/2015; NCUC Docket No. E-100, Sub
150, 11/06/2017; NCUC Docket Nos. E-100, Subs 113, 121, & 134, 03/29/2018;
NCUC Docket No. M-100, Sub 147, 9/15/2023.)
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1. Federal permits and licenses:
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2. State permits and licenses:
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3.
Exemptions required for construction and operation of the facility:
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4.
Statement of whether each has been obtained or applied for (attach copy of
those that have been obtained with this application):
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1. If
the facility has been placed into service, on what date did the facility
begin operating?
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2. If
the facility is not yet operating, on what date is the facility projected to
be placed into service?
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1. If
the facility is already operating, what is the amount of energy produced by
the facility, net of station use, for the most recent 12-month or
calendar-year period? Energy production data for a shorter time period is
acceptable for facilities that have not yet operated for a full year.
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2. What
entity does (or will) read the facility's energy production meter(s) for the
purpose of issuing renewable energy certificates?
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3. For
thermal energy facilities, describe the method to be used to determine the
facility's thermal energy production, in BTUs, that is eligible for REC
issuance.
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4. Does the facility participate in a REC tracking
system and if so, which one? If not, which tracking system will the facility
participate in for the purpose of REC issuance?
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5. If
this facility has already been the subject of a proceeding or submittal
before the Commission, such as a Report of Proposed Construction or a
Certificate of Public Convenience and Necessity, please provide the
Commission Docket Number, if available.
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If the facility is a combined heat and power system, the owner
shall also include in its registration statement the following information:
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1. A
narrative description and one-line diagram of the electrical and thermal
generation systems to include Btu meters, boilers, steam pressures, valves,
turbines, and ultimate uses of the steam. Also, include any crossover of
steam, cross connections (even if by spool piece), or the ability to supply
steam from other means or to other loads.
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2. A description
of the parasitic electrical and parasitic thermal loads.
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3.
Calculations for the parasitic electrical and parasitic thermal loads and
supporting documents.
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4. A
description of the method of collecting the waste heat from the electrical generating
system.
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5. A
description of the host(s) of the waste heat and an explanation of how the
waste heat will be used and useful.
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6.
Calculations of the percent of energy that is delivered to the steam host(s)
but not used and useful.
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7. Confirmation
if the proposed operation will have any pressure reducing valves operating
simultaneously in parallel with any back pressure turbines.
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If the
facility owner intends to earn multiple types of RECs by using a variety of
fuels, the owner should include in its registration statement the following
additional information:
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1.
Example calculations for the energy production associated with each fuel used
by the family as required by the Appendix C (Multi-fuel Generation) to the
operating procedures for the North Carolina Renewable Energy Tracking System.
These calculations must ultimately show the electrical and thermal energy (if
any) attributable to only the renewable fuels and how the number of renewable
energy certificates is determined.
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2. A
description of each fuel to be used by the facility.
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3. A
description of how the heat content of each fuel was determined.
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The owner of
the renewable energy facility shall provide the following attestations, signed
and notarized:
1. Yes No I certify
that the facility is in substantial compliance with all federal and state laws,
regulations, and
rules for the protection of the environment and conservation of natural
resources.
2. Yes No I certify
that the facility satisfies the requirements of G.S. 62‑133.8(a)(5) or
(7) as a:
renewable
energy facility, or new renewable energy facility,
and that the facility
will be operated as a: renewable energy facility, or
new renewable energy
facility.
3. Yes
No I certify that 1) my organization is not simultaneously under
contract with NC GreenPower
to sell our RECs emanating from the same electricity production
being tracked in NC-RETS; and
2) any renewable energy certificates
(whether or not bundled with electric power) sold to an electric power supplier
to comply with G.S. 62-133.8 have not, and will not, be remarketed or otherwise
resold for any other purpose, including another renewable energy portfolio
standard or voluntary purchase of renewable energy certificates in North
Carolina (such as NC GreenPower) or any other state or country, and that the
electric power associated with the certificates will not be offered or sold
with any representation that the power is bundled with renewable energy
certificates.
4. Yes No I certify
that I consent to the auditing of my organization's books and records by the Public
Staff insofar as those records relate to transactions with North Carolina electric
power suppliers, and agree to provide the Public Staff and the Commission access
to our books and records, wherever they are located, and to the facility.
5. Yes No I certify
that the information provided is true and correct for all years that the
facility has earned
RECs for compliance with G.S. 62-133.8.
6. Yes No I certify
that I am the owner of the renewable energy facility or am duly authorized to
act on behalf of the owner for the purpose of this filing.
(Signature) (Title)
(Name - Printed or Typed) (Date)
VERIFICATION
STATE OF_______________________________ COUNTY OF
_______________________
____________________________, personally appeared before me this
day and, being first duly sworn, says that the facts stated in the foregoing
application and any exhibits, documents, and statements thereto attached are
true as he or she believes.
WITNESS my hand and notarial seal, this day of__________________________,
20 ____________.
My Commission
Expires:_________________
Signature of Notary Public
Name of Notary Public – Typed or Printed
The name of the person who completes and signs the annual
certification must be typed or printed by the notary in the space provided in
the verification. The notary's name must be typed or printed below the notary's
seal. This original verification must be affixed to the original annual
certification, and a copy of this verification must be affixed to the original
copy that is submitted to the Commission at:
Chief Clerk
North Carolina Utilities Commission
4325 Mail Service Center
Raleigh, North Carolina 27699-4325
