Section 399.17 Of Article 16. California Renewables Portfolio Standard Program From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 16.
399.17
. (a) (1) Subject to this section, the requirements of this
article apply to an electrical corporation that as of January 1,
2010, had 60,000 or fewer customer accounts in California and met
either of the following requirements:
(A) Served retail end-use customers outside California.
(B) Was located in a control area that is not under the
operational balancing authority of the Independent System Operator or
other California balancing authority and receives the majority of
its electrical requirements from generating facilities located
outside of California.
(2) This section applies to a successor entity to all or a portion
of the service territory of an electrical corporation meeting the
requirements of paragraph (1), but only to the extent that the
successor entity will have 60,000 or fewer customer accounts in
California.
(b) For an electrical corporation or qualifying successor entity
meeting the requirements of subdivision (a), electricity products
from eligible renewable energy resources may be used for compliance
with the renewables portfolio standard procurement requirements
notwithstanding any procurement content limitation in Section 399.16
and an eligible renewable energy resource includes a facility that is
located outside California, if the facility is connected to the WECC
transmission system, provided all of the following conditions are
met:
(1) Any portion of the electricity generated by the facility and
allocated by the electrical corporation or qualifying successor
entity for its California customers, and is not used to fulfill
renewable energy procurement requirements in other states.
(2) The electrical corporation or qualifying successor entity
participates in, and complies with, the accounting system
administered by the Energy Commission pursuant to subdivision (b) of
Section 399.25.
(3) The Energy Commission verifies that the electricity generated
by the facility is eligible to meet the procurement requirements of
this article.
(c) The commission shall determine the procurement requirements
for an electrical corporation or qualifying successor entity meeting
the requirements of subdivision (a) as a specified percentage of
total kilowatthours sold by the electrical corporation to its retail
end-use customers in California in a compliance period.
(d) An electrical corporation or qualifying successor entity
meeting the requirements of subdivision (a) may use an integrated
resource plan prepared in compliance with the requirements of another
state utility regulatory commission, to fulfill the requirement to
prepare a renewable energy procurement plan pursuant to this article,
provided the plan meets the requirements of Sections 399.13, 399.14,
and 399.25, as modified by this section.
(e) Procurement and administrative costs associated with long-term
contracts for eligible renewable energy resources pursuant to this
article entered into by an electrical corporation or qualifying
successor entity meeting the requirements of subdivision (a) and
approved by the commission, are reasonable and prudent and shall be
recoverable in rates of the electrical corporation or its successor's
California customers, provided the costs are not recoverable in
rates in other states served by the electrical corporation.
(f) Procurement expenditures for electricity products from
eligible renewable energy resources pursuant to this section by an
electrical corporation or successor entity meeting the requirements
of subdivision (a) shall be subject to a limitation on procurement
expenditures established by the commission pursuant to subdivision
(c) of Section 399.15.