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RPS Connecticut
(Last Updated July 1st, 2004)

RENEWABLE PORTFOLIO STANDARDS—STATE SUMMARY

I. POLICY
II. ADMINISTRATION
III. FINANCING
IV. CRITICAL ELEMENTS
V. POLICY/PROGRAM ASSESSMENT
VI. PUBLIC OUTREACH AND EDUCATION

I. POLICY

Date Enacted
June 26, 2003 (SB 733)
April 29, 1998 (HB 5005)

Effective Date
July 1, 2003 (SB 733)
January 1, 2000 (HB 5005)

Time Period
July 1, 2000–January 1, 2010

Extensions to Time Period
Maximum renewables requirement reached in 2010, to remain constant thereafter. No provision for discontinuance of RPS after 2010 is specified.

Applicable Laws, Orders, and Regulations
PUBLIC ACT NO. 03-135 (2003)
Substitute Senate Bill No. 733, An Act Concerning Revisions To The Electric Restructuring Legislation
http://www.cga.state.ct.us/2003/act/Pa/2003PA-00135-R00SB-00733-PA.htm

PUBLIC ACT NO. 03-221 (2003)
House Bill No. 6428, An Act Concerning Technical Revisions To The Utility Statutes And Telecommunications Towers On Agricultural Land.
http://www.cga.state.ct.us/2003/act/Pa/2003PA-00221-R00HB-06428-PA.htm

Previous RPS Legislation
Public Act No. 98-28 (1998)
Substitute House Bill No. 5005, An Act Concerning Electric Restructuring
http://www.cga.state.ct.us/ps98/act/pa/pa%2D0028.htm

Public Act No. 99-225 (June 29, 1999)
Substitute House Bill No. 6621, An Act Concerning Revisions to Certain Programs and Operations of the Department of Environmental Protection
http://www.cga.state.ct.us/ps99/act/pa/1999pa-00225-r00hb-06621-pa.htm

House Bill No. 5428 (2002)
An Act Concerning Electric Restructuring: To update the provisions of Public Act 98-28
http://www.cga.state.ct.us/2002/cbs/H/HB-5428.htm

Connecticut Light and Power Company Rider N: Self-Generator Net Energy Billing Service
http://www.cl-p.com/clpcommon/PDFs/online/business/bill/rates/ridern.pdf

Docket 02-04-14: DPUC Promulgation of Regulations for Renewable Energy Portfolio Requirements and Customer Disclosure (2002). This Docket is active as of October 2003. See the DPUC docket database website for current information:
http://www.state.ct.us/DPUC/database.htm

Description
The Connecticut RPS has been updated twice since its original passage as a part of utility restructuring in 1998. The most recent restructuring legislation, SB 733, was passed in 2003 and is incorporated in Public Act 03-135, which modifies previous renewable generation targets, expands the scope of electricity providers required to meet the standard, and expands the definition of eligible renewables. Public Act 03-221 subsequently modified certain portions of Public Act 03-135.

In 1998, Section 25 of Public Act 98-28 created a generation based standard requiring 6% of all end-use power to be supplied by renewable sources beginning July 2000, ramping up to 13% in 2009. Separate generation requirements are provided for renewables classified as "Class I" or "Class II". A number of electricity suppliers were exempt from the RPS, which reduced its effectiveness. Exempt electric suppliers include (A) private power producers, (B) exempt wholesale generators, (C) non-participating municipal electric utilities, (D) municipal electric energy cooperatives, (E) electric cooperatives, and (F) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government. The municipal electric utilities were not required to meet restructuring requirements, but could choose to “opt-in” to competition if they wish, in which case they would be subject to the RPS.

In 2002 additional regulations for renewable energy portfolio requirements and customer disclosure were under consideration. These regulations were contained in House Bill 5428 (2002) and DPUC Docket 02-04-14. Though HB 5428 received favorable votes in Committee, it was tabled on April 23, 2003 and was never signed into law. Under Docket 02-04-14, proposed regulations would provide a framework for certifying renewable energy generators as Class I or Class II renewable energy, and would replace current rules governing how electric suppliers demonstrate compliance with the RPS requirement in favor of a system that depends on the generation information system recently adopted by NEPOOL. Furthermore, the regulations would establish disclosure requirements for electric suppliers that are based on the NECPUC Model Rule on disclosure.

As of 2003 Public Act 03-135 requires that an electric distribution company providing transitional standard offer service, standard service, supplier of last resort service or back-up electric generation service shall contract with its wholesale suppliers to comply with the renewable portfolio standards. The legislation specifies a new effective date for the RPS, with the renewable obligation to begin in 2004 with 4% of the total output or services from all electric suppliers and electric distribution companies derived from renewable resources. The renewable obligation increases each year, leveling off at 10% renewable generation in 2010 and subsequent years. The Class I and Class II eligible renewable tier structure is maintained, with the addition of ocean thermal power, wave or tidal power, and run-of-the-river hydropower. In addition, the act creates a system benefits charge to be accumulated in a State Renewable Energy Investment Fund, and requires Connecticut utilities to obtain long-term (10 year minimum) contracts for projects using Fund supported Class I renewables totaling 100MW jointly by July 1, 2007.

Program Name
Renewable Portfolio Standard

Standard

Applicable Date
Total % Renewable Generation
Class I Renewable % Generation Requirement
Class II Renewable % Generation Requirement
January 1, 2004 - December 31, 2004
4.0%
1.0%
3.0%
January 1, 2005 - December 31, 2005
4.5%
1.5%
3.0%
January 1, 2006 - December 31, 2006
5.0%
2.0%
3.0%
January 1, 2007 - December 31, 2007
6.5%
3.5%
3.0%
January 1, 2008 - December 31, 2008
8.0%
5.0%
3.0%
January 1, 2009 - December 31, 2009
9.0%
6.0%
3.0%
January 1, 2010 – onward
10.0%
7.0%
3.0%

Eligibility Date
Class I sustainable biomass with capacity less than 500 kW which began operating prior to July 1, 2003 is eligible. Class I hydropower must have began operation on or after July 1, 2003. Class II hydropower of 5 MW or less and beginning operation prior to July 1, 2003 is eligible.

Generation Limit
No cap to renewable generation is specified.

Fuels/Technologies

Class I Renewable Energy Sources:

· Solar electric power
· Wind power
· Fuel cells
· Methane gas from landfills
· Sustainable biomass provided the average NOx emission rate is no greater than 0.075 lbs/MMBtu of heat input for the previous calendar quarter. Use of land clearing debris, tree stumps, and other regenerative biomass that will not result in the depletion of resources are specifically included as eligible biomass fuels.
· Sustainable biomass of less than 500 kW that began construction prior to July 1, 2003
· Ocean thermal power
· Wave or tidal power
· Run-of-the-river hydropower of 5 MW or less and beginning operation after July 1, 2003
· Low emission advanced renewable energy conversion technologies
· Distributed generation (end-user sited) from any Class I resource

Class II Renewable Energy Sources:
· Trash-to-energy
· Biomass (other than class I) provided the average NOx emission rate is no greater than 0.20 lbs/MMBtu of heat input for the previous calendar quarter
· Run-of-the-river hydropower of 5 MW or less and beginning operation prior to July 1, 2003

II. ADMINISTRATION

Administering Entities
Connecticut Department of Public Utility Control

Type of Entity
State

Administrative Contacts
Connecticut Department of Public Utility Control
Ten Franklin Square, New Britain, CT 06051
(860) 827-1553
http://www.state.ct.us/dpuc

III. FINANCING

Funding Level
No specific funding level

Funding Source
Funded through the rate base, which includes the renewable energy investment charge as well as the system benefits charge.

Cost Cap
Long-term contracts beginning July 2007 for State Renewable Energy Investment Fund supported projects are limited to the total of the comparable wholesale market price for generation plus five and one-half cents per kilowatt-hour.

Charge
Rates determined by DPUC.

IV. CRITICAL ELEMENTS

Trading
An electric supplier or electric distribution company may satisfy the requirements of the RPS by participating in a renewable energy trading program within the jurisdiction of New York, Pennsylvania, New Jersey, Maryland, and Delaware, as approved by the Department of Public Utility Control. Renewable generation certificates are traded through a market-priced, bid-based power exchange system, the New England Power Pool (NEPOOL) Generation Information System. See http://www.nepoolgis.com for more information.

Green Pricing
Renewable energy sold under green pricing programs is eligible under the RPS.

Certification

The New England Generation Information System (NE-GIS), which includes a generation information database and certificate sytem, operated by the New England Power Pool, accounts for Generation Attributes of electrical energy consumed within New England, including Connecticut. NE-GIS Certificates produced by the NE-GIS identify the relevant Generation Attributes of each MWh accounted for in the NE-GIS.

Out-of-State
An electric supplier or electric distribution company may satisfy the requirements of the RPS by purchasing Class I or Class II renewable energy sources within the jurisdiction of the regional independent system operator, or within the jurisdiction of New York, Pennsylvania, New Jersey, Maryland, and Delaware, provided the DPUC determines such states have a renewable portfolio standard that is comparable to Connecticut.

Self-generation
Net metering is available to any residential customer generating power from a Class I resource or hydropower. A residential customer who generates electricity from a generating unit with a name plate capacity of more than ten kilowatts shall be assessed for the competitive transition assessment and the systems benefits charge, based on the amount of electricity consumed by the customer from the facilities of the electric distribution company without netting any electricity produced by the customer. A "residential customer" is defined as a customer of a single-family dwelling or multifamily dwelling consisting of two to four units.

Flexibility
The legislation does not provide credit banking from year to year, but does allow a supplier or an electric distribution company may make up any deficiency within its renewable energy portfolio within the first three months of the succeeding calendar year (or as otherwise provided by generation information system operating rules approved by New England Power Pool or its successor) to meet the generation source requirements of the RPS for the previous year.

V. POLICY/PROGRAM ASSESSMENT

Reporting Requirement
Not later than October 1 of each year, electric suppliers shall submit to the DPUC documentation demonstrating that the electric supplier complied with the renewable portfolio standards in the previous twelve months. A condition of continuing licensure is that an electric supplier provide any and all information requested by the DPUC for the purpose of compiling quarterly disclosure reports.

Penalty for Non-Compliance
The DPUC shall require a payment by a licensee that fails to comply with the renewable portfolio standards in the amount of five and one-half cents per kilowatt hour ($55/MWh). This payment is from the wholesale supplier to the distribution company, which must then transfer the payment to the Renewable Energy Investment Fund for the development of Class I renewable energy sources.

Assessing Entity
Connecticut Department of Public Utility Control (DPUC)

Report Date
Ongoing

Report Name
The “Connecticut Department of Public Utility Control Guide to Electric Suppliers and Aggregators” provides detailed information on renewable energy generation by company http://www.dpuc.state.ct.us/EL_Aggre.nsf

To go directly to the power source comparison see “Residential and Commercial Consumer Information--Compare Power Sources” http://www.dpuc.state.ct.us/EL_Aggre.nsf/Compare%20Power%20Sources?OpenView

Status
The DPUC posts data from utility quarterly reports in their eletric supplier licensing filing sytem, which allows consumers to compare generation information under public choice mandates. Annual filings in Excel format are available for each supplier. From Janauary 1, 2001, to December 31, 2001, Connecticut retail customers purchased 13,329 MWh of Class I and Class II renewables.

Cost Information
There is currently no specific benchmark cost for renewable energy. Docket [03-07-16] addresses Alternative Transitional Standard Offer Services for United Illuminating and CL&P Customers. The transitional standard offer will be in effect from January 1, 2004 through December 31, 2006.
http://www.dpuc.state.ct.us/dockcurr.nsf/Web&Main+View/Search+Electric?OpenView&StartKey=03-07-16

Assessment Contact
David Goldberg
Connecticut Department of Public Utility Control
Ten Franklin Square
New Britain, CT 06051
(860) 827-1553 (main office)
(860) 827-2886 (direct)
http://www.dpuc.state.ct.us/dpuc/
E-mail : david.goldberg@po.state.ct.us

VI. PUBLIC OUTREACH AND EDUCATION

Connecticut Department of Public Utility Control
Electric Restructuring: Power Through Information
http://www.wattsnewct.com

The Environment, Renewable Energy, and Conservation
http://www.dpuc-electric-choice.com/consumers/environment.html

DPUC Press Releases
http://www.dpuc.state.ct.us/DPUCinfo.nsf/News+Releases