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Pennsylvania PUC Denies & Grants Various SREC Grandfathering Requests For Retail Suppliers, EDCs
August 09,2019 The Pennsylvania PUC issued several orders relating to the grandfathering of out-of-state solar RECs, in several different cases Docket P-2019-3008249 This case addressed a petition from EDF Trading North America relating to a Duke Energy solar facility, and the use of the solar RECs by various parties to which EDF has contracted to sell the SRECs. Notably, the PUC denied request to qualify 1,000 SRECs per reporting year for reporting years 2018 and 2019, purchased by GDF SUEZ Energy Marketing NA through existing contracts (which were granted grandfather treatment with respect to GDF SUEZ Marketing itself), for use by affiliated retail supplier GDF SUEZ Energy Resources NA, as the PUC noted that GDF SUEZ Marketing is not a licensed EGS, and the PUC found a Master Service Agreement between GDF SUEZ Marketing and GDF SUEZ Resources to be "vague" and not a contract in and of itself which would qualify for grandfathering under prior PUC precedent The PUC found that NSTI credits from River Road Solar, Certification Number PA-27051-NSTI-I issued by GATS and supplied by Duke Energy, for generation from June 2018 through the end of AEPS Reporting Year 2019 and transferred to EDF under a SAEC Transaction Contract, are eligible to be used by Energy Services for its AEPS Act Tier I Solar PV share requirements. The number of credits deemed eligible by the order shall not exceed 1,500 for reporting year 2019, the quantity specified in the contract. Specifically, Calpine is permitted to use up to 1,500 SAECs with the certification number PA-27051-NSTI-I and a vintage between June 2018 through May 2019. The approved credits would be eligible to be used by Calpine to meet its AEPS Act Tier I Solar PV share requirements in accordance with 52 Pa. Code § 75.69 (relating to the banking of alternative energy credits). See more details in the order here
Docket P-2018-3006562 In this case, The PUC approved grandfathering of certain SRECs from a Duke Energy facility procured by Exelon Generation Company, LLC for use by Constellation NewEnergy, Inc., as a "chain of production" was established in the agreement between Exelon Generation and Constellation, subject to quantity and year limits set forth in the PUC's order The PUC also generally approved use of certain SRECs sold by Exelon Generation to various EDCs from a Duke facility, subject to quantity and year limits set forth in the PUC's order The PUC denied a request that the Commission extend the banking period by one year for SAECs that were generated during the period from November 1, 2017 through the end of May 2018, and purchased under existing contracts, but which the Commission had not qualified as being eligible for compliance with the AEPS Act Tier I Solar PV share requirements. "As the banking provision is set forth in a statute, the AEPS Act, the Commission has no authority to revise, modify or waive such provision. Accordingly, the Commission has no authority to grant the Joint Petitioners’ request and it is therefore, denied," the PUC said See more details in the PUC's order here
Docket P-2019-3009137 et al. In this case, the PUC granted a petition from Met-Ed and Penelec to use SRECs from an American Municipal Power, Inc. facility, subject to quantity and year limits set forth in the PUC's order See more details in the PUC's order here
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