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Renewable portfolio standard compliance filing requirements

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RPS compliance filing

The RPS rules are contained in Chapter 4901:1-40 of the Ohio Administrative Code (Ohio Adm.Code) and include an annual filing requirement that is due by April 15th and is subject to Commission approval.  The annual compliance status report is addressed in Ohio Adm.Code 4901:1-40-05.

The compliance report should be filed in a case docket with an “EL” industry code and an “ACP” purpose code.  For questions about reserving a case number and filing documents, the Commission’s Docketing Division can be reached at 614.466.4095.

Who needs to comply with the RPS filing requirements?

All of the Ohio electric distribution utilities, as well as all competitive retail electric service (CRES) providers who are certified to provide at least retail generation provider or power marketer services, must file their reports by April 15, 2021.  Even those retail generation providers or power marketers that did not have Ohio retail sales in 2020 must file a report under Ohio Adm.Code 4901:1-40-05 and clearly indicate that they had zero Ohio retail electric sales in 2020 to confirm they had no renewable compliance obligations for 2020.

Confidentiality

The Commission updated its RPS rules in the first quarter of 2020.  The annual RPS compliance reports are covered in OAC 4901:1-40-05, with the topic of confidentiality addressed specifically in 4901:1-40-05(A)(3).

Annual compliance status report

Staff offers three reporting forms that a Company may opt to use as part of its RPS compliance filings.

  1. The Excel compliance worksheet was developed by Staff for internal review purposes.  However, it may be useful for your company in preparation of its RPS annual compliance status report (see Ohio Adm.Code 4901:1-40-05) for the 2020 compliance year.  Your company is not required to include this form in its filing, but that is an option.

    If using this form, your company should insert data in the blue shaded boxes (as applicable).  The remaining cells should auto-calculate.  However, you should still independently verify the accuracy of the calculations.
     
  2. Staff also offers a separate OPTIONAL fillable PDF that is intended to address all of the RPS filing requirements under 4901:1-40-05, Ohio Adm.Code.
     
  3.  In addition, Staff offers an abbreviated form for use only by those CRES Providers with zero retail electric sales in Ohio during 2020.

Cost disclosure

Continuing with the requirement established for the 2014 compliance year, companies transferring renewable energy credits (RECs) and solar renewable energy credits (S-RECs) to a PJM EIS Generation Attributes Tracking System (GATS) reserve subaccount for 2020 compliance shall report the cost of those RECs and S-RECs on GATS.  For Companies retiring all or a portion of their RECs or S-RECs via the Midwest Renewable Energy tracking System (M-RETS), Staff may need to contact those companies directly to collect the needed cost information.

Baselines

The calculation of the compliance baseline has been one of the areas in which errors have been noted in past filing.  The baseline methodologies are covered in OAC 4901:1-40-03.  As indicated in OAC 4901:1-40-03(B)(2)(c), for CRES Providers the annual Ohio retail electric sales volume(s) reported in the RPS compliance report should correspond to the annual retail electric sales volume(s) reported in the Company’s respective Annual Report for Fiscal Assessment.  It should be noted, however, that 4901:1-40-03 does not incorporate the new potential baseline reduction for serving registered self-assessing purchasers pursuant to ORC 4928.644.  Therefore, if a Company served a registered self-assessing purchaser during an applicable compliance year, it is possible that the sales volumes in the Company’s RPS report will differ from the sales volumes reported in the Company’s Annual Report for Fiscal Assessment. Feel free to forward any baseline questions to Staff. While we cannot preapprove specific baselines, we may be able to offer guidance that will assist you when determining your company’s compliance baseline.