N.H. Code Admin. R. Puc 2503.01 - Portfolio Standards

(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%

Notes

N.H. Code Admin. R. Puc 2503.01

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08

New. #9169, eff 6-3-08

Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10741, Effective 12/5/2014. Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12473, Effective 2/1/2018, Expires 2/1/2028.

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