Conn. Agencies Regs. § 16-243a-2 - Tariffs to be Maintained on File
(a) Not later than
December 31, 2023, each electric public service company shall file with the
Authority for review and approval three pro forma tariffs for the
purchase of energy and capacity from private power producers and eligible qualifying
facilities, from whom the electric public service company purchases energy or
capacity or both pursuant to section 16-243a of the Connecticut General Statutes or
18 CFR 292.303, as amended from time to time. Collectively, the tariffs required
under this section shall address each of the following types of transactions: (1)
energy-only sales; (2) capacity-only sales; and (3) energy and capacity sales.
(b) Each tariff submitted pursuant to
this section shall establish a process by which private power producers or
qualifying facilities may elect to be compensated either:
(1) Based on avoided costs calculated at the time
of delivery, or
(2) Based on avoided
costs forecasted at the time an obligation to purchase arises pursuant to 18 CFR 292.303, as amended from time to time.
(c) Tariffs submitted pursuant to this section
shall satisfy the following requirements, as applicable:
(1) Each tariff applicable to sales of capacity
compensated at avoided costs calculated at the time of delivery shall include a
method for calculating avoided costs based on the effective wholesale capacity
prices in New England for the relevant delivery years.
(2) Each tariff applicable to sales of energy
compensated at the avoided cost of energy calculated at the time of delivery shall
include a methodology for calculating avoided costs based on real-time wholesale
clearing prices for electricity at the time of delivery.
(3) Each tariff applicable to sales of energy
compensated using a forecasted rate shall include a forecasting methodology for
calculating per megawatt-hour energy prices at the time an obligation to purchase
arises pursuant to PURPA based on forecasted day-ahead prices for each year of the
prospective delivery term.
(4) Each
tariff applicable to sales of capacity compensated using a forecasted rate shall
include a forecasting methodology for calculating per kilowatt-month capacity prices
at the time an obligation to purchase arises pursuant to PURPA based on forecasted
capacity prices for each year of the prospective delivery term.
(5) Each tariff applicable to sales of capacity
shall provide that the avoided cost for capacity purchased from a private power
producer or qualifying facility that cannot offset the amount of capacity that the
electric public service company is required to purchase for resource adequacy
purposes, or is otherwise in excess of the electric public service company's
capacity purchase obligation, shall be fixed at $0.
(6) Each tariff shall provide a specific term of
years. Private power producers and qualifying facilities providing both capacity and
energy need not offer energy and capacity in concurrent periods.
(d) Each electric public service
company shall file an annual report with the Authority, on or before the first of
July, providing:
(1) Updated avoided cost
calculations,
(2) Avoided cost
forecasts,
(3) Its need for electricity
generating capacity,
(4) How its
capacity needs are met, and
(5) Whether
any need for capacity is not met.
(e) Pursuant to section 16-243f of the Connecticut
General Statutes, if an electric public service company reports any need for
capacity is not met, the Authority may hold a hearing to determine whether any need
for unmet capacity may be met through electricity conservation and demand management
measures by private power providers. If such need for unmet capacity may be met
through electricity conservation and demand management measures by private power
providers, the Authority may have each electric public service company submit a
proposed tariff to procure unmet capacity from private power providers which
includes a monitoring plan and evaluation plan for documenting the demand and energy
savings achieved.
(f) In the event that
PURPA is amended, each electric public service company shall, not later than six
months after such amendment, submit to the Authority for review and approval (1) an
analysis of whether such amendment requires modification of the pro forma
tariffs and (2) revised pro forma tariffs for private
power producers and qualifying facilities to address any such modification.
Thereafter, the Authority shall determine whether modification is
required.
(g) In the event that PURPA is
repealed, existing PURPA tariffs shall be honored for the duration of the tariff
term, but no new PURPA tariff shall be entered into after the date the PURPA program
ends.
(h) In the event that section
16-243a of the Connecticut General Statutes is amended, each electric public service
company shall, not later than six months after such amendment, submit to the
Authority for review and approval (1) an analysis of whether such amendment requires
modification of the pro forma tariffs and (2) revised pro
forma tariffs for private power producers and qualifying facilities to
address any such modification. Thereafter, the Authority shall determine whether
modification is required.
(i) In the
event that section 16-243a of the Connecticut General Statutes is repealed, existing
tariffs for private power producers shall be honored for the duration of the tariff
term, but no new private power producer tariff shall be entered into after the date
the private power producer program ends.
(j) In the event that section 16-243f of the
Connecticut General Statutes is amended and no private power provider tariffs exist,
the Authority may hold a hearing to determine if the electric public service
companies shall take action to address the amendment. In the event that section
16-243f of the Connecticut General Statutes is amended and private power provider
tariffs exist, each electric public service company shall, not later than six months
after such amendment, submit to the Authority for review and approval (1) an
analysis of whether such amendment requires modification of the private power
provider tariff and (2) a revised private power provider tariff to address any such
modification. Thereafter, the Authority shall determine whether modification is
required.
(k) In the event that section
16-243f of the Connecticut General Statutes is repealed, existing tariffs for
private power providers shall be honored for the duration of the tariff term, but no
new private power provider tariff shall be entered into after the date the private
power provider program ends.
(l) In the
event that section 16-243a of the Connecticut General Statutes is repealed, section
16-243a-1 of the Regulations of Connecticut State Agencies and this section shall
continue to be applicable insofar as they apply to the Authority's continued
implementation of PURPA, in accordance with section 16-6b of the Connecticut General
Statutes.
(m) In the event that PURPA
and sections 16-243a and 16-243f of the Connecticut General Statutes are repealed,
section 16-243a-1 of the Regulations of Connecticut State Agencies and this section
shall cease to be applicable.
(n) The
Authority may, in its discretion, call for additional public hearings or reporting
relating to PURPA, private power producers, or private power providers as it deems
appropriate.
Notes
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