398.1. (a) The Legislature finds and declares that there is a need
for reliable, accurate, and timely information regarding fuel sources
for electric generation offered for retail sale in California.
(b) The purpose of this article is to establish a program under
which entities offering electric services in California disclose
accurate, reliable, and simple to understand information on the
sources of energy that are used to provide electric services.
398.2. The definitions set forth in this section shall govern the
construction of this article.
(a) "Retail supplier" means an entity that offers an electricity
product for sale to retail consumers in California.
(b) "System operator" means the Independent System Operator with
responsibility for the efficient use and reliable operation of the
transmission grid, as provided by Section 345, or a local publicly
owned electric utility that does not utilize the Independent System
Operator.
(c) "Specific purchases" means electricity transactions which are
traceable to specific generation sources by any auditable contract
trail or equivalent, such as a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once and only once to a retail consumer. Retail
suppliers may rely on annual data to meet this requirement, rather
than hour-by-hour matching of loads and resources.
(d) "Unspecified sources of power" means electricity that is not
traceable to specific generation sources by any auditable contract
trail or equivalent, including a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once, and only once, to a retail consumer.
398.3. (a) Beginning January 1, 1998, or as soon as practicable
thereafter, each generator that provides meter data to a system
operator shall report to the system operator electricity generated in
kilowatthours by hour by generator, the fuel type or fuel types and
fuel consumption by fuel type by month on an historical recorded
quarterly basis. Facilities using only one fuel type may satisfy this
requirement by reporting fuel type only. With regard to any facility
using more than one fuel type, reports shall reflect the fuel
consumed as a percentage of electricity generation.
(b) The California Energy Resources Conservation and Development
Commission shall have authorization to access the electricity
generation data in kilowatthours by hour for each facility that
provides meter data to the system operator, and the fuel type or fuel
types.
(c) With regard to out-of-state generation, the California Energy
Resources Conservation and Development Commission shall have
authorization to access the electricity generation data in
kilowatthours by hour at the point at which out-of-state generation
is metered, to the extent the information has been submitted to a
system operator.
(d) Trade secrets as defined in subdivision (d) of Section 3426.1
of the Civil Code contained in the information provided to the system
operators pursuant to this section shall be treated as confidential.
These data may be disclosed only by the system operators and only by
authorization of the generator except that the California Energy
Resources Conservation and Development Commission shall have
authorization to access these data, shall consider all these data to
be trade secrets, and shall only release these data in an aggregated
form such that trade secrets cannot be discerned.
398.4. (a) Every retail supplier that makes an offering to sell
electricity that is consumed in California shall disclose its
electricity sources for the previous calendar year.
(b) The disclosures required by this section shall be made to
potential end-use consumers in all product-specific written
promotional materials that are distributed to consumers by either
printed or electronic means, including the retail supplier's Internet
Web site, if one exists, except that advertisements and notices in
general circulation media shall not be subject to this requirement.
(c) The disclosures required by this section shall be made
annually to end-use consumers of the offered electricity. The annual
disclosure shall be made by the end of the first complete billing
cycle for the third quarter of the year, and shall be consistent with
information provided to the Energy Commission pursuant to Section
398.5.
(d) The disclosures required by this section shall be made
separately for each offering made by the retail supplier.
(e) On or before January 1, 1998, the Energy Commission shall
specify guidelines for the format and means for disclosure required
by Section 398.3 and this section, based on the requirements of this
article and subject to public hearing.
(f) The costs of making the disclosures required by this section
shall be considered to be generation related.
(g) The disclosures required by this section shall comply with the
following:
(1) A retail supplier's disclosure of its electricity sources
shall be expressed as a percentage of annual sales derived from each
of the following categories:
(A) Unspecified sources of electricity.
(B) Specific purchases.
(2) A retail supplier's disclosure of its electricity sources
shall also separately identify total California system electricity,
which is the sum of all in-state generation and net electricity
imports by fuel type.
(h) Each of the categories specified in subdivision (g) shall be
additionally identified as a percentage of annual sales that is
derived from the following fuels or sources of energy:
(1) Coal.
(2) Large hydroelectric (greater than 30 megawatts).
(3) Natural gas.
(4) Nuclear.
(5) Eligible renewable energy resources pursuant to the California
Renewables Portfolio Standard Program (Article 16 (commencing with
Section 399.11)), including any of the following:
(A) Biomass and biowaste.
(B) Geothermal.
(C) Eligible hydroelectric.
(D) Solar.
(E) Wind.
(6) Other categories as determined by the Energy Commission.
(i) All electricity sources disclosed as specific purchases shall
meet the requirements of subdivision (c) of Section 398.2.
(j) Specific purchases identified pursuant to this section shall
be from sources connected to the Western Electricity Coordinating
Council interconnected grid.
(k) Compliance with this section by a local publicly owned
electric utility shall constitute compliance with paragraph (2) of
subdivision (b) of Section 387.
(l) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
398.5. (a) Retail suppliers that disclose specific purchases
pursuant to Section 398.4 shall report on June 1, 2009, and annually
thereafter, to the Energy Commission, for each electricity offering
for the previous calendar year, each of the following:
(1) The kilowatthours purchased, by generator and fuel type during
the previous calendar year, consistent with the meter data,
including losses, reported to the system operator.
(2) For each electricity offering the kilowatthours sold at
retail.
(3) For each electricity offering the disclosures made to
consumers pursuant to Section 398.4.
(b) Information submitted to the Energy Commission pursuant to
this section that is a trade secret as defined in subdivision (d) of
Section 3426.1 of the Civil Code shall not be released except in an
aggregated form such that trade secrets cannot be discerned.
(c) On or before January 1, 1998, the Energy Commission shall
specify guidelines and standard formats, based on the requirements of
this article and subject to public hearing, for the submittal of
information pursuant to this article.
(d) In developing the rules and procedures specified in this
section, the Energy Commission shall seek to minimize the reporting
burden and cost of reporting that it imposes on retail suppliers.
(e) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
(f) The Energy Commission may verify the veracity of environmental
claims made by retail suppliers.
398.1. (a) The Legislature finds and declares that there is a need
for reliable, accurate, and timely information regarding fuel sources
for electric generation offered for retail sale in California.
(b) The purpose of this article is to establish a program under
which entities offering electric services in California disclose
accurate, reliable, and simple to understand information on the
sources of energy that are used to provide electric services.
398.2. The definitions set forth in this section shall govern the
construction of this article.
(a) "Retail supplier" means an entity that offers an electricity
product for sale to retail consumers in California.
(b) "System operator" means the Independent System Operator with
responsibility for the efficient use and reliable operation of the
transmission grid, as provided by Section 345, or a local publicly
owned electric utility that does not utilize the Independent System
Operator.
(c) "Specific purchases" means electricity transactions which are
traceable to specific generation sources by any auditable contract
trail or equivalent, such as a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once and only once to a retail consumer. Retail
suppliers may rely on annual data to meet this requirement, rather
than hour-by-hour matching of loads and resources.
(d) "Unspecified sources of power" means electricity that is not
traceable to specific generation sources by any auditable contract
trail or equivalent, including a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once, and only once, to a retail consumer.
398.3. (a) Beginning January 1, 1998, or as soon as practicable
thereafter, each generator that provides meter data to a system
operator shall report to the system operator electricity generated in
kilowatthours by hour by generator, the fuel type or fuel types and
fuel consumption by fuel type by month on an historical recorded
quarterly basis. Facilities using only one fuel type may satisfy this
requirement by reporting fuel type only. With regard to any facility
using more than one fuel type, reports shall reflect the fuel
consumed as a percentage of electricity generation.
(b) The California Energy Resources Conservation and Development
Commission shall have authorization to access the electricity
generation data in kilowatthours by hour for each facility that
provides meter data to the system operator, and the fuel type or fuel
types.
(c) With regard to out-of-state generation, the California Energy
Resources Conservation and Development Commission shall have
authorization to access the electricity generation data in
kilowatthours by hour at the point at which out-of-state generation
is metered, to the extent the information has been submitted to a
system operator.
(d) Trade secrets as defined in subdivision (d) of Section 3426.1
of the Civil Code contained in the information provided to the system
operators pursuant to this section shall be treated as confidential.
These data may be disclosed only by the system operators and only by
authorization of the generator except that the California Energy
Resources Conservation and Development Commission shall have
authorization to access these data, shall consider all these data to
be trade secrets, and shall only release these data in an aggregated
form such that trade secrets cannot be discerned.
398.4. (a) Every retail supplier that makes an offering to sell
electricity that is consumed in California shall disclose its
electricity sources for the previous calendar year.
(b) The disclosures required by this section shall be made to
potential end-use consumers in all product-specific written
promotional materials that are distributed to consumers by either
printed or electronic means, including the retail supplier's Internet
Web site, if one exists, except that advertisements and notices in
general circulation media shall not be subject to this requirement.
(c) The disclosures required by this section shall be made
annually to end-use consumers of the offered electricity. The annual
disclosure shall be made by the end of the first complete billing
cycle for the third quarter of the year, and shall be consistent with
information provided to the Energy Commission pursuant to Section
398.5.
(d) The disclosures required by this section shall be made
separately for each offering made by the retail supplier.
(e) On or before January 1, 1998, the Energy Commission shall
specify guidelines for the format and means for disclosure required
by Section 398.3 and this section, based on the requirements of this
article and subject to public hearing.
(f) The costs of making the disclosures required by this section
shall be considered to be generation related.
(g) The disclosures required by this section shall comply with the
following:
(1) A retail supplier's disclosure of its electricity sources
shall be expressed as a percentage of annual sales derived from each
of the following categories:
(A) Unspecified sources of electricity.
(B) Specific purchases.
(2) A retail supplier's disclosure of its electricity sources
shall also separately identify total California system electricity,
which is the sum of all in-state generation and net electricity
imports by fuel type.
(h) Each of the categories specified in subdivision (g) shall be
additionally identified as a percentage of annual sales that is
derived from the following fuels or sources of energy:
(1) Coal.
(2) Large hydroelectric (greater than 30 megawatts).
(3) Natural gas.
(4) Nuclear.
(5) Eligible renewable energy resources pursuant to the California
Renewables Portfolio Standard Program (Article 16 (commencing with
Section 399.11)), including any of the following:
(A) Biomass and biowaste.
(B) Geothermal.
(C) Eligible hydroelectric.
(D) Solar.
(E) Wind.
(6) Other categories as determined by the Energy Commission.
(i) All electricity sources disclosed as specific purchases shall
meet the requirements of subdivision (c) of Section 398.2.
(j) Specific purchases identified pursuant to this section shall
be from sources connected to the Western Electricity Coordinating
Council interconnected grid.
(k) Compliance with this section by a local publicly owned
electric utility shall constitute compliance with paragraph (2) of
subdivision (b) of Section 387.
(l) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
398.5. (a) Retail suppliers that disclose specific purchases
pursuant to Section 398.4 shall report on June 1, 2009, and annually
thereafter, to the Energy Commission, for each electricity offering
for the previous calendar year, each of the following:
(1) The kilowatthours purchased, by generator and fuel type during
the previous calendar year, consistent with the meter data,
including losses, reported to the system operator.
(2) For each electricity offering the kilowatthours sold at
retail.
(3) For each electricity offering the disclosures made to
consumers pursuant to Section 398.4.
(b) Information submitted to the Energy Commission pursuant to
this section that is a trade secret as defined in subdivision (d) of
Section 3426.1 of the Civil Code shall not be released except in an
aggregated form such that trade secrets cannot be discerned.
(c) On or before January 1, 1998, the Energy Commission shall
specify guidelines and standard formats, based on the requirements of
this article and subject to public hearing, for the submittal of
information pursuant to this article.
(d) In developing the rules and procedures specified in this
section, the Energy Commission shall seek to minimize the reporting
burden and cost of reporting that it imposes on retail suppliers.
(e) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
(f) The Energy Commission may verify the veracity of environmental
claims made by retail suppliers.
398.1. (a) The Legislature finds and declares that there is a need
for reliable, accurate, and timely information regarding fuel sources
for electric generation offered for retail sale in California.
(b) The purpose of this article is to establish a program under
which entities offering electric services in California disclose
accurate, reliable, and simple to understand information on the
sources of energy that are used to provide electric services.
398.2. The definitions set forth in this section shall govern the
construction of this article.
(a) "Retail supplier" means an entity that offers an electricity
product for sale to retail consumers in California.
(b) "System operator" means the Independent System Operator with
responsibility for the efficient use and reliable operation of the
transmission grid, as provided by Section 345, or a local publicly
owned electric utility that does not utilize the Independent System
Operator.
(c) "Specific purchases" means electricity transactions which are
traceable to specific generation sources by any auditable contract
trail or equivalent, such as a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once and only once to a retail consumer. Retail
suppliers may rely on annual data to meet this requirement, rather
than hour-by-hour matching of loads and resources.
(d) "Unspecified sources of power" means electricity that is not
traceable to specific generation sources by any auditable contract
trail or equivalent, including a tradable commodity system, that
provides commercial verification that the electricity source claimed
has been sold once, and only once, to a retail consumer.
398.3. (a) Beginning January 1, 1998, or as soon as practicable
thereafter, each generator that provides meter data to a system
operator shall report to the system operator electricity generated in
kilowatthours by hour by generator, the fuel type or fuel types and
fuel consumption by fuel type by month on an historical recorded
quarterly basis. Facilities using only one fuel type may satisfy this
requirement by reporting fuel type only. With regard to any facility
using more than one fuel type, reports shall reflect the fuel
consumed as a percentage of electricity generation.
(b) The California Energy Resources Conservation and Development
Commission shall have authorization to access the electricity
generation data in kilowatthours by hour for each facility that
provides meter data to the system operator, and the fuel type or fuel
types.
(c) With regard to out-of-state generation, the California Energy
Resources Conservation and Development Commission shall have
authorization to access the electricity generation data in
kilowatthours by hour at the point at which out-of-state generation
is metered, to the extent the information has been submitted to a
system operator.
(d) Trade secrets as defined in subdivision (d) of Section 3426.1
of the Civil Code contained in the information provided to the system
operators pursuant to this section shall be treated as confidential.
These data may be disclosed only by the system operators and only by
authorization of the generator except that the California Energy
Resources Conservation and Development Commission shall have
authorization to access these data, shall consider all these data to
be trade secrets, and shall only release these data in an aggregated
form such that trade secrets cannot be discerned.
398.4. (a) Every retail supplier that makes an offering to sell
electricity that is consumed in California shall disclose its
electricity sources for the previous calendar year.
(b) The disclosures required by this section shall be made to
potential end-use consumers in all product-specific written
promotional materials that are distributed to consumers by either
printed or electronic means, including the retail supplier's Internet
Web site, if one exists, except that advertisements and notices in
general circulation media shall not be subject to this requirement.
(c) The disclosures required by this section shall be made
annually to end-use consumers of the offered electricity. The annual
disclosure shall be made by the end of the first complete billing
cycle for the third quarter of the year, and shall be consistent with
information provided to the Energy Commission pursuant to Section
398.5.
(d) The disclosures required by this section shall be made
separately for each offering made by the retail supplier.
(e) On or before January 1, 1998, the Energy Commission shall
specify guidelines for the format and means for disclosure required
by Section 398.3 and this section, based on the requirements of this
article and subject to public hearing.
(f) The costs of making the disclosures required by this section
shall be considered to be generation related.
(g) The disclosures required by this section shall comply with the
following:
(1) A retail supplier's disclosure of its electricity sources
shall be expressed as a percentage of annual sales derived from each
of the following categories:
(A) Unspecified sources of electricity.
(B) Specific purchases.
(2) A retail supplier's disclosure of its electricity sources
shall also separately identify total California system electricity,
which is the sum of all in-state generation and net electricity
imports by fuel type.
(h) Each of the categories specified in subdivision (g) shall be
additionally identified as a percentage of annual sales that is
derived from the following fuels or sources of energy:
(1) Coal.
(2) Large hydroelectric (greater than 30 megawatts).
(3) Natural gas.
(4) Nuclear.
(5) Eligible renewable energy resources pursuant to the California
Renewables Portfolio Standard Program (Article 16 (commencing with
Section 399.11)), including any of the following:
(A) Biomass and biowaste.
(B) Geothermal.
(C) Eligible hydroelectric.
(D) Solar.
(E) Wind.
(6) Other categories as determined by the Energy Commission.
(i) All electricity sources disclosed as specific purchases shall
meet the requirements of subdivision (c) of Section 398.2.
(j) Specific purchases identified pursuant to this section shall
be from sources connected to the Western Electricity Coordinating
Council interconnected grid.
(k) Compliance with this section by a local publicly owned
electric utility shall constitute compliance with paragraph (2) of
subdivision (b) of Section 387.
(l) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
398.5. (a) Retail suppliers that disclose specific purchases
pursuant to Section 398.4 shall report on June 1, 2009, and annually
thereafter, to the Energy Commission, for each electricity offering
for the previous calendar year, each of the following:
(1) The kilowatthours purchased, by generator and fuel type during
the previous calendar year, consistent with the meter data,
including losses, reported to the system operator.
(2) For each electricity offering the kilowatthours sold at
retail.
(3) For each electricity offering the disclosures made to
consumers pursuant to Section 398.4.
(b) Information submitted to the Energy Commission pursuant to
this section that is a trade secret as defined in subdivision (d) of
Section 3426.1 of the Civil Code shall not be released except in an
aggregated form such that trade secrets cannot be discerned.
(c) On or before January 1, 1998, the Energy Commission shall
specify guidelines and standard formats, based on the requirements of
this article and subject to public hearing, for the submittal of
information pursuant to this article.
(d) In developing the rules and procedures specified in this
section, the Energy Commission shall seek to minimize the reporting
burden and cost of reporting that it imposes on retail suppliers.
(e) The provisions of this section shall not apply to generators
providing electric service onsite, under an over-the-fence
transaction as described in Section 218, or to an affiliate or
affiliates, as defined in subdivision (a) of Section 372.
(f) The Energy Commission may verify the veracity of environmental
claims made by retail suppliers.
