Cal. Code Regs. Tit. 20, § 2906 - Substitute Energy

(a) Except as provided for below, a contract with a term of five years or more that includes the purchase of unspecified energy is not compliant with the EPS.

(b) A new contract for covered procurement from identified powerplants may contain provisions for the seller to substitute deliveries of energy under any of the following circumstances:

(1) The substitute energy only comes from one or more identified powerplants, each of which is EPS-compliant.

(2) For specified contracts with non-renewable resources or dispatchable renewable resources, or a combination of each, unspecified energy purchases for each identified powerplant are permitted up to 15% of forecast energy production of the identified powerplant over the term of the contract, provided that the contract only permits the seller to purchase unspecified energy under either of the following conditions:

(A) The identified powerplant is unavailable due to a forced outage, scheduled maintenance or other temporary unavailability for operational or efficiency reasons; or

(B) To meet operating conditions required under the contract, including, but not limited to, provisions for the number of start-ups, ramp rates, or minimum number of operating hours.

(3) For specified contracts with intermittent renewable resources, the amount of substitute energy purchases from unspecified resources is limited such that total purchases under the contract, whether from the intermittent renewable resource or from substitute unspecified resources, do not exceed the total reasonably expected output of the identified renewable powerplant over the term of the contract.

Notes

Cal. Code Regs. Tit. 20, § 2906

1. New section filed 10-16-2007; operative 10-16-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 42).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 8341, Public Utilities Code. Reference: Section 8341, Public Utilities Code.

1. New section filed 10-16-2007; operative 10-16-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 42).