Who Has To File?
Q: Who has an annual RPS filing requirement in Ohio?
A: All of the Ohio electric distribution utilities, as well as any competitive retail electric service (CRES) providers who were certified as at least a retail generation provider or power marketer (i.e., took title to the power) during the RPS compliance year.
Q: If I’m a CRES provider certified as a retail generation provider and/or a power marketer, yet I didn’t have any Ohio retail electric sales during the RPS compliance year, do I still have an RPS filing requirement?
A: Yes, although the contents of your filing can be abbreviated since you were not serving Ohio retail electric customers.
Q: If I’m a CRES provider who was certified as only an aggregator or power broker (i.e., did not take title to the power) during the RPS compliance year, do I have an RPS filing requirement?
What Are The Filing Requirements?
Q: What are the filing requirements?
A: Commission rules require the submittal of an RPS compliance report that looks at the company’s compliance performance during the compliance year (i.e., “annual status report”).
Q: Where is this RPS filing requirement discussed in Commission rule?
A: The annual status report is addressed in Ohio Administrative Code (OAC) 4901:1-40-5. The rules indicate the required contents for the report.
Q: Are there standardized forms that companies must use to complete this filing requirement?
A: No. The Staff has made forms available for voluntary use – those are available on the RPS Webpage. The compliance worksheet offered by Staff can be used as part of the annual status report filing, while the Staff’s PDF was designed to address all of the RPS filing requirements. In addition, the Staff offers an abbreviated form for those CRES Providers with zero retail electric sales during the compliance year.
When Are The Filing Requirements Due?
Q: When are the RPS compliance filing requirements due?
A: They are due by April 15th of each year. For example, the RPS filings for the 2020 RPS compliance year are due by April 15th, 2021. See OAC 4901:1-40.
How Do We File Our Report?
Q: How do we file our RPS compliance report?
A: Each year a company should file its report in a separate and unique case, 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.
Q: Can we file them in our CRES certification case (“CRS”) or our “ACP” case from last year?
A: No. They should be in a separate and unique case devoted solely to the company’s RPS report for this compliance year.
Q: Has the Commission indicated the contents that will be recognized as confidential for the RPS filings?
A: Yes, please refer to OAC 4901:1-40-05(A)(3).
Q: Can I e-file confidential information?
A: Yes. Please refer to the Confidential E-file Directions.
Q: Can anyone file a Motion for Protective Order with the Commission?
A: No. The Motion would need to be prepared and signed by an attorney authorized to practice in Ohio.
Alternative Compliance Payments
Q: If I am proposing to pay an alternative compliance payment rather than retiring the necessary RECs and S-RECs, should I submit payment along with my compliance status report?
A: No. Please wait until after the Commission issues its decision in your case before submitting payment so that the exact alternative compliance payment is identified.
Q: To whom should alternative compliance payments be submitted?
A: The directions for submitting any required alternative compliance payment would be detailed in the Staff Review and Recommendation and/or the Commission decision in the case.
Q: What is the alternative compliance payment for the 2020 compliance year?
A: The alternative compliance payment for 2020 is $53.49/MWh.
Renewable Energy Credit (REC) and Solar REC (S-REC) Cost Information
Q: In the past, the Commission has required companies to provide cost information for the RECs and S-RECs retired for compliance that year. Is that still required?
A: Yes. That cost information should be included within the attribute tracking system when the companies retire RECs and S-RECs for Ohio compliance.
Q: Why does the Commission need this cost information?
A: Each year the Commission is required to provide an annual RPS report to the General Assembly, with a specific requirement to include REC and S-REC cost data in the report. Staff uses the cost data provided by the companies to compile the average cost data that is included in the annual reports to the General Assembly.
Where Can We Find The Statutory and Rule Language Addressing The RPS?
Q: Where can we find the annual statutory renewable requirements?
A: Refer to Ohio Revised Code 4928.64(B)(2).
Q: Where can we find the Commission rules relevant to the RPS?
A: Refer to Ohio Administrative Code 4901:1-40. These rules were recently updated with an effective date of March 26, 2020.
If We Have Additional Questions, How Can We Contact Staff?
Q: If we have more questions after reviewing this document and the statute, how can we reach Staff?
A: The Staff’s renewable team can be reached via email at RPS@puco.ohio.gov.