N.H. Code Admin. R. Puc 2505.13 - Suspension of Eligibility to Produce Certificates

(a) The commission shall suspend the eligibility of a renewable energy source for one or more calendar quarters if any of the following has occurred:
(1) Misrepresentation of information or a false statement in any application or report submitted by the source to the commission;
(2) Misrepresentation of information or false statement in any report or submission to the independent monitor for a customer-sited source; or
(3) Failure to submit a notification of material change to the commission when required.
(b) The commission shall suspend the eligibility of a renewable energy source pursuant to (a) above through the following process:
(1) Commission staff shall review the misrepresentation, false statement, or failure and propose suspension terms and conditions to the source;
(2) If the source agrees with the proposed suspension terms and conditions, then a stipulation of suspension shall be prepared and filed with the commission, and the suspension shall be effective as of and for the number of calendar quarters specified in the stipulation; and
(3) If the source does not agree with the proposed suspension terms and conditions, then the source shall have the opportunity for an adjudicative proceeding with a hearing before the commission, pursuant to Puc 2505.15.
(c) The period of any suspension under (a) above shall be determined with the objective of deterring future misrepresentations or failures of the type specified in (a)(1) through (a)(3) above, based on consideration of the following factors:
(1) The severity of the misrepresentation or failure;
(2) Whether the misrepresentation or failure was unintentional or immaterial;
(3) Whether the renewable energy source owner acted in good faith to comply with all applicable statutory and regulatory requirements;
(4) Facts, actions, or conditions, if any, that might excuse or justify a particular misrepresentation or failure; and
(5) Other relevant information pertaining to the business practices of the source owner.
(d) All REC eligibility suspensions under this section shall be prospective only and, once created, no certificate shall be disqualified or removed from the GIS system.

Notes

N.H. Code Admin. R. Puc 2505.13
Derived From Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12473, Effective 2/1/2018, Expires 2/1/2028.

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