RPS compliance filing requirements: Staff guidance and worksheet for 2016 compliance year
You can reach Staff’s RPS team with any questions by emailing AEPS@puc.state.oh.us.
RPS compliance filing
The RPS rules are contained in Chapter 4901:1-40 of the Ohio Administrative Code (Ohio Adm.Code) and include two separate annual filing requirements. Both are due by April 15 and are subject to Commission approval. The annual compliance status report is addressed in Ohio Adm.Code 4901:1-40-05, while the more forward-looking compliance planning document is addressed in Ohio Adm.Code 4901:1-40-03(C).
The two compliance reports should be filed in a single 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, 2017. Even those retail generation providers or power marketers that did not have Ohio retail sales in 2016 must file a report under Ohio Adm.Code 4901:1-40-05 and clearly indicate that they had zero Ohio retail electric sales in 2016 to confirm they had no renewable compliance obligations for 2016.
The Commission has typically not recognized historical sales figures in compliance reports as warranting confidential treatment given that such sales data is available from public sources such as the CRES annual reports filed with the Commission. In addition, because the compliance obligations may be easily derived from publicly available information (i.e., sales data and the statutory benchmarks), the Commission has held that the obligations do not constitute a trade secret (Finding and Order, p. 5; Case No. 12-1233-EL-ACP).
Annual compliance status report
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 2016 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.
Staff also offers a separate OPTIONAL fillable PDF that is intended to address the RPS filing requirements under both 4901:1-40-03 and 4901:1-40-05, Ohio Adm.Code.
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 2016 compliance shall report the cost of those RECs and S-RECs on GATS.
The calculation of the baseline has been one of the areas in which errors have been noted in past filings, especially for companies with fewer than 3 years of retail electric sales history in the state. In addition to the baseline computation methodologies employed in the past, Substitute Senate Bill 310, which became effective September 12, 2014, introduced a new option which allows the use of a company’s actual sales during the compliance year. Please note that Ohio Adm.Code 4901:1-40-03(B) has not yet been updated to include this statutory change. Feel free to forward any baseline questions to Staff. While we cannot preapprove specific baselines, we can offer guidance that may assist when determining your company’s compliance baseline.