Or. Admin. Code § 860-095-0040 - State Program Requirements

(1) Any Electric Company or Electricity Service Supplier that is not a Regional Participant must comply with the State Program requirements.

(2) State Participants must file a Binding Forward Showing with the Commission for approval no later than April 1 of every odd-numbered year. A State Participant's initial Binding Forward Showing must be filed no later than April 1, 2025.

(3) State Participants must use a 1 event-day in 10-year Loss of Load Expectation standard when submitting their Binding Forward Showing.

(4) State Participants must use a Planning Reserve Margin and Qualified Capacity Contribution consistent with a Qualified Regional Program or other Commission-approved methodology.

(5) The Commission Staff and Parties should complete its compliance review for each State Participant within 90 days of filing the Binding Forward Showing. A State Participant's Binding Forward Showing submission to the Commission will be available for review only by Qualified Parties and only upon request pursuant to a Modified Protective Order.

(6) A State Participant shall provide its monthly P50 Peak Load Forecast for the two-year period beginning July 1 of the filing year as part of their Binding Forward Showing.

(7) A State Participant must demonstrate that its Compliance Resources meet 95 percent of its monthly forecasted P50 load for twelve months beginning July 1 of the filing year and 80 percent of the monthly forecasted P50 load for the following twelve months plus a Planning Reserve Margin each month. A State Participant is not bound to meet its load with its Compliance Resources in actual operations.

(8) As part of the forecast of monthly P50 Peak Load Forecast and monthly forecast of transmission requirements, an Electricity Service Supplier must use current load levels or provide reasonable substitutes of the load forecast. An Electricity Service Supplier is responsible for demonstrating that the substitute load forecast is reasonable.

(9) A State Participant must demonstrate that it has NERC Priority 6 or NERC Priority 7 firm point-to-point transmission service or network integration transmission service rights to deliver 75 percent of the Compliance Resources from generation source to load sink. A State Participant may request a waiver of a portion of the transmission requirement if it can demonstrate that at least one of the following conditions applies:

(a) The State Participant is experiencing enduring transmission constraints;

(b) Future firm Available Transfer Capability is expected;

(c) An applicable portion of the State Participant's existing transmission service rights is expected to be derated or out-of-service; or

(d) Expected counterflow directly between two balancing authority areas from another entity supports the State Participant's transmission of energy from generation source to load sink. This counterflow cannot already be offsetting transmission of energy for another State Participant or Regional Participant. The State Participant requesting the exception shall include a written acknowledgement from the other entity that it is aware of such an exception request.

(e) A State Participant cannot use waiver condition (9)(a) or (9)(b) for the same path for consecutive compliance periods if the Qualified Regional Program would preclude use of such waiver.

(10) If the Commission deems that a State Participant's Binding Forward Showing does not meet the criteria for approval, the Commission shall identify deficiencies and give the State Participant 60 days to remedy their Binding Forward Showing to meet the criteria for approval.

(11) A State Participant whose plan is not approved 60 days after the Commission identified deficiencies shall be subject to an appropriate penalty as determined by the Commission.

Notes

Or. Admin. Code § 860-095-0040

PUC 5-2024, adopt filed 05/10/2024, effective 5/13/2024

Statutory/Other Authority: ORS 183 & ORS 756

Statutes/Other Implemented: ORS 756.040, ORS 756.070, ORS 756.105, ORS 756.990, ORS 757.649 & ORS 757.659