(a) Except as provided
in (j) and (o) below, for each year specified in Table 2500.01 below each
provider of electricity shall:
(1) Obtain and
retire certificates sufficient in number and class type to meet or exceed the
percentages of total megawatt-hours of electricity supplied by the provider to
its end-use customers for each year as established by (b) through (h) below;
or
(2) Make alternative compliance
payments pursuant to
Puc
2503.02.
(b) Except as provided in (j) and (o) below,
for years 2012 through 2025 and thereafter, the percentages shall be as
specified in
RSA
362-F:3, which are set forth in Table 2500.01
as follows, as such percentages have been modified through 2016 by the
Commission in proceedings conducted pursuant to (d) through (i) below, and as
such percentages may be modified thereafter pursuant to (d) through (i) below.
Table 2500.01 Portfolio Standards
|
Calendar Year
|
Class I Non-Thermal
|
Class I from useful thermal energy
|
Total Class I
|
Class II
|
Class III
|
Class IV
|
|
2012
|
3.00%
|
0.00%
|
3.00%
|
0.15%
|
1.40%
|
1.00%
|
|
2013
|
3.80%
|
0.00%
|
3.80%
|
0.20%
|
0.50%
|
1.30%
|
|
2014
|
4.60%
|
0.40%
|
5.00%
|
0.30%
|
0.50%
|
1.40%
|
|
2015
|
5.40%
|
0.60%
|
6.00%
|
0.30%
|
0.50%
|
1.50%
|
|
2016
|
5.60%
|
0.60%
|
6.20%
|
0.30%
|
0.50%
|
1.50%
|
|
2017
|
6.80%
|
1.00%
|
7.80%
|
0.30%
|
8.00%
|
1.50%
|
|
2018
|
7.50%
|
1.20%
|
8.70%
|
0.50%
|
8.00%
|
1.50%
|
|
2019
|
8.20%
|
1.40%
|
9.60%
|
0.60%
|
8.00%
|
1.50%
|
|
2020
|
8.90%
|
1.60%
|
10.50%
|
0.70%
|
8.00%
|
1.50%
|
|
2021
|
9.60%
|
1.80%
|
11.40%
|
0.70%
|
8.00%
|
1.50%
|
|
2022
|
10.30%
4%
|
2.00%
|
12.30%
|
0.70%
|
8.00%
|
1.50%
|
|
2023
|
11.00%
|
2.20%
|
13.20%
|
0.70%
|
8.00%
|
1.50%
|
|
2024
|
11.90%
|
2.20%
|
14.10%
|
0.70%
|
8.00%
|
1.50%
|
|
2025 and thereafter
|
12.80%
|
2.20%
|
15.00%
|
0.70%
|
8.00%
|
1.50%
|
(c) A
provider of electricity may use certificates issued based on the production of
biodiesel to meet up to 12.5% of the provider's non-thermal class I portfolio
standard requirements in any given year.
(d) Pursuant to
RSA
362-F:4, V, upon a petition
or on its own motion, and after notice and hearing, the commission shall for
good cause accelerate or delay by up to one year any annual increase in Class I
or Class II portfolio standards.
(e) For purposes of (d) above, "good cause"
means that the acceleration or delay of an increase is reasonably expected to:
(1) Increase investment in renewable energy
production in New Hampshire; or
(2)
Mitigate cost increases to retail electric rates for New Hampshire customers
without materially hindering the development of renewable resources.
(f) Pursuant to
RSA
362-F:4, VI, the commission
shall, after notice and hearing, modify the Class III and Class IV portfolio
standards if:
(1) The modified portfolio
standards would be at least 85 percent but not more than 95 percent of the
reasonable expected annual output of available eligible sources; and
(2) The modification would be consistent with
the purposes of RSA 362-F.
(g) In determining whether to modify Class
III and Class IV portfolio standards pursuant to (f) above, the commission
shall consider evidence regarding supply and demand from similar programs in
other states.
(h) Proceedings
conducted under (d) through (g) above shall be adjudicative and shall be
conducted pursuant to Puc 203. A notice issued pursuant to
Puc
203.12 in such proceeding shall be sent to all
providers of electricity.
(i) The
commission shall post each order issued pursuant to (d) through (g) above on
its web site.
(j) Pursuant to
RSA
362-F:15, I, increases in
the annual purchase percentages applicable to class II for 2018 and thereafter
shall not apply to the megawatt-hours delivered during the contract term under
any electrical power supply contract entered into prior to July 11, 2017,
provided that the contract term in effect before such effective date has not
been extended or otherwise increased after that date. All megawatt-hours
delivered under any such contract shall be subject to a class II annual
purchase percentage of 0.30%.
(k)
Pursuant to
RSA
362-F:15, II(b),
certificates for periods after March 31, 2017 produced by previously-certified
class III sources determined to be ineligible because they have a total
aggregate gross nameplate capacity in excess of 10 megawatts located at a
single landfill site, including all phases, stages, cells, lifts, expansions,
and other landfill areas, shall not be used for portfolio standards
compliance.
(l) Notwithstanding (k)
above, any such Class III certificates purchased pursuant to a contract entered
into prior to July 11, 2017 shall be eligible for portfolio standards
compliance for the term of such contract, and provided that the term of the
contract has not been extended or otherwise increased after that
date.
(m) Providers of electricity
shall inform the commission by July 1, 2018 and by July 1 of each year
thereafter through July 1, 2020, of all contracts referenced in (j) and (l)
above. Such information shall include the execution date and expiration date of
the contract, the basis for exemption under (j) or (l) above, and, in the case
of contracts referenced in (j) above, the annual megawatt-hours supplied and
exempted, and, in the case of contracts referenced in (l) above, the annual
amount of exempted Class III methane gas certificates and the basis for
exemption.
(n) All information
filed with the commission pursuant to (l) above shall be deemed exempt from
public disclosure pursuant to the provisions of
RSA 91-A:5,
IV and shall be marked "confidential" by the
filer of such information.
(o) The
annual portfolio standards set forth in Table 2500.02 shall apply to the
electrical load under any electrical power supply contracts for a term of years
entered into by providers of electricity on or before July 1, 2012. Upon the
expiration of any such contract, the portfolio standards set forth in Table
2500.01 shall apply. For purposes of this section, "term of years" means a
contract term of 12 months or more from the date of execution, without regard
to any renewal or extension period.
Table 2500.02 Portfolio Standards for Power
Supply Contracts Entered into Prior to July 1, 2012
|
Calendar Year
|
Class I
|
Class II
|
Class III
|
Class IV
|
|
2012
|
3.0%
|
0.15%
|
6.5%
|
1.0%
|
|
2013
|
4.0%
|
0.2%
|
6.5%
|
1.0%
|
|
2014
|
5.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2015
|
6.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2016
|
7.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2017
|
8.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2018
|
9.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2019
|
10.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2020
|
11.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2021
|
12.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2022
|
13.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2023
|
14.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2024
|
15.0%
|
0.3%
|
6.5%
|
1.0%
|
|
2025
|
16.0%
|
0.3%
|
6.5%
|
1.0%
|
