| EECRF, and in no event shall the
utility serve notice of the approved rates and the effective date
of the approved rates to retail electric providers that are authorized
by the registration agent to provide service in the utility's service
area more than one working day after the utility files the compliance
tariff.
(C) For a utility in an area in which customer choice
is offered in some but not all parts of its service area and that
files one energy efficiency plan and report covering all of its service
area, the presiding officer shall set a procedural schedule that will
enable the commission to issue a final order in the proceeding prior
to the January 1 effective date of the new or adjusted EECRF for the
areas in which customer choice is not offered, except where good cause
supports a different schedule. For areas in which customer choice
is offered, the effective date of the new or adjusted EECRF shall
be March 1. The presiding officer shall set a procedural schedule
that will enable the utility to file an EECRF compliance tariff consistent
with the final order within ten days of the date of the final order.
The procedural schedule shall also provide that the compliance filing
date will be at least 45 days before the effective date of March 1.
In no event shall the effective date of any new or adjusted EECRF
occur less than 45 days after the utility files a compliance tariff
consistent with a final order approving the new or adjusted EECRF.
The utility shall serve notice of the approved rates and the effective
date of the approved rates by the working day after the utility files
a compliance tariff consistent with the final order approving the
new or adjusted EECRF to retail electric providers that are authorized
by the registration agent to provide service in the utility's service
area. Notice under this subparagraph of this paragraph may be served
by email. The procedural schedule may be extended for good cause,
but in no event shall the effective date of any new or adjusted EECRF
occur less than 45 days after the utility files a compliance tariff
consistent with a final order approving the new or adjusted EECRF,
and in no event shall the utility serve notice of the approved rates
and the effective date of the approved rates to retail electric providers
that are authorized by the registration agent to provide service in
the utility's service area more than one working day after the utility
files the compliance tariff.
(D) If no hearing is requested within 30 days of the
filing of the application, the presiding officer shall set a procedural
schedule that will enable the commission to issue a final order in
the proceeding within 90 days after a sufficient application was filed;
or
(E) If a hearing is requested within 30 days of the
filing of the application, the presiding officer shall set a procedural
schedule that will enable the commission to issue a final order in
the proceeding within 180 days after a sufficient application was
filed. If a hearing is requested, the hearing will be held no earlier
than the first working day after the 45th day after a sufficient application
is filed.
(10) A utility's application to establish or adjust
an EECRF shall include the utility's most recent energy efficiency
plan and report, consistent with §25.181(l) and §25.183(d)
of this title, as well as testimony and schedules, in Excel format
with formulas intact, showing the following, by rate class, for the
prior program year and the program year for which the proposed EECRF
will be collected as appropriate:
(A) the utility's forecasted energy efficiency costs;
(B) the actual base rate recovery of energy efficiency
costs, adjusted for changes in load and usage subsequent to the last
base rate proceeding, with supporting calculations;
(C) a calculation showing whether the utility qualifies
for an energy efficiency performance bonus and the amount that it
calculates to have earned for the prior year;
(D) any adjustment for past over- or under-recovery
of energy efficiency revenues, including interest;
(E) information concerning the calculation of billing
determinants for the preceding year and for the year in which the
EECRF is expected to be in effect;
(F) the direct assignment and allocation of energy
efficiency costs to the utility's eligible rate classes, including
any portion of energy efficiency costs included in base rates, provided
that the utility's actual EECRF expenditures by rate class may deviate
from the projected expenditures by rate class, to the extent doing
so does not exceed the cost caps in paragraph (7) of this subsection;
(G) information concerning calculations related to
the requirements of paragraph (7) of this subsection;
(H) the incentive payments by the utility, by program,
including a list of each energy efficiency administrator and/or service
provider receiving more than 5% of the utility's overall incentive
payments and the percentage of the utility's incentives received by
those providers. Such information may be treated as confidential;
(I) the utility's administrative costs, including any
affiliate costs and EECRF proceeding expenses and an explanation of
both;
(J) the actual EECRF revenues by rate class for any
period for which the utility calculates an under- or over-recovery
of EECRF costs;
(K) the utility's bidding and engagement process for
contracting with energy efficiency service providers, including a
list of all energy efficiency service providers that participated
in the utility programs and contractors paid with funds collected
through the EECRF. Such information may be treated as confidential;
(L) the estimated useful life used for each measure
in each program, or a link to the information if publicly available;
and
(M) any other information that supports the determination
of the EECRF.
(11) The following factors must be included in the
application, as applicable, to support the recovery of energy efficiency
costs under this subsection.
(A) the costs are less than or equal to the benefits
of the programs, as calculated in §25.181(d) of this title;
(B) the program portfolio was implemented in accordance
with recommendations made by the commission's EM&V contractor
and approved by the commission and the EM&V contractor has found
no material deficiencies in the utility's administration of its portfolio
of energy efficiency programs under §25.181 of this title. This
subparagraph does not preclude parties from examining and challenging
the reasonableness of a utility's energy efficiency program expenses
nor does it limit the commission's ability to address the reasonableness
of a utility's energy efficiency program expenses;
(C) if a utility is in an area in which customer choice
is offered and is subject to the requirements of PURA §39.905(f),
the utility met its targeted low-income energy efficiency requirements
under §25.181 of this title;
(D) existing market conditions in the utility's service
territory affected its ability to implement one or more of its energy
efficiency programs or affected its costs;
(E) the utility's costs incurred and achievements accomplished
in the previous year or estimated for the year the requested EECRF
will be in effect are consistent with the utility's energy efficiency
program costs and achievements in previous years notwithstanding any
recommendations or comments by the EM&V contractor;
(F) changed circumstances in the utility's service
area since the commission approved the utility's budget for the implementation
year that affect the ability of the utility to implement any of its
energy efficiency programs or its energy efficiency costs;
(G) the number of energy efficiency service providers
operating in the utility's service territory affects the ability of
the utility to implement any of its energy efficiency programs or
its energy efficiency costs;
(H) customer participation in the utility's prior years'
energy efficiency programs affects customer participation in the utility's
energy efficiency programs in previous years or its proposed programs
underlying its EECRF request and the extent to which program costs
were expended to generate more participation or transform the market
for the utility's programs;
(I) the utility's energy efficiency costs for the previous
year or estimated for the year the requested EECRF will be in effect
are comparable to costs in other markets with similar conditions;
and
(J) the utility has set its incentive payments with
the objective of achieving its energy and demand goals under §25.181
of this title at the lowest reasonable cost per program.
Cont'd... |
