§ 39-26.1-3 Long-term contract standard.– (a) Beginning on or before July 1, 2010, each electric distribution companyshall be required to annually solicit proposals from renewable energydevelopers and, provided commercially reasonable proposals have been received,enter into long-term contracts with terms of up to fifteen (15) years for thepurchase of capacity, energy and attributes from newly developed renewableenergy resources. Subject to commission approval, the electric distributioncompany may enter into contracts for term lengths longer than fifteen (15)years. Notwithstanding any other provisions of this chapter, on or beforeAugust 15, 2009, the electric distribution company shall solicit proposals forone newly developed renewable energy resources project as required in §39-26.1-7. Proposals for the sale of output from an offshore wind projectreceived under the provisions of this section shall be diligently and fullyconsidered without prejudice, regardless of the status of any proceedings under§§ 39-26.1-7 or 39-26.1-8.
(b) The timetable and method for solicitation and executionof such contracts shall be proposed by the electric distribution company, andshall be subject to review and approval by the commission prior to issuance bythe company; provided that the timetable is reasonably designed to result inthe electric distribution company having the minimum long-term contractcapacity under contract within four (4) years of the date of the firstsolicitation; it is not necessary that the projects associated with thesecontracts be operational within these four (4) years, as the operational datesshall be specified in the contract. The electric distribution company shall,subject to review and approval of the commission, select a reasonable method ofsoliciting proposals from renewable energy developers, which shall include, ata minimum, an annual public solicitation, but may also include individualnegotiations. The solicitation process shall permit a reasonable amount ofnegotiating discretion for the parties to engage in commercially reasonablearms-length negotiations over final contract terms. Each long-term contractentered into pursuant to this section shall contain a condition that it shallnot be effective without commission review and approval. The electricdistribution company shall file such contract, along with a justification forits decision, within a reasonable time after it has executed the contractfollowing a solicitation or negotiation. The commission shall hold publichearings to review the contract within forty-five (45) days of the filing andissue a written order approving or rejecting the contract within sixty (60)days of the filing; in rejecting a contract the commission may advise theparties of the reason for the contract being rejected and direct the parties toattempt to address the reasons for rejection in a revised contract within aspecified period not to exceed ninety (90) days. The commission shall approvethe contract if it determines that: (1) the contract is commerciallyreasonable; (2) the requirements for the annual solicitation have been met; and(3) the contract is consistent with the purposes of this chapter. A report oneach solicitation shall be filed with the commission each year within areasonable time after decisions are made by the electric distribution companyregarding the solicitation results, even if no contracts are executed followingthe solicitation.
(c) No electric distribution company shall be obligated toenter into long-term contracts for newly developed renewable energy resourceson terms which the electric distribution company reasonably believes to becommercially unreasonable; provided, however, if there is a dispute aboutwhether these terms are commercially unreasonable, the commission shall makethe final determination after an evidentiary hearing. The electric distributioncompany shall not be obligated to enter into long-term contracts pursuant tothis section that would, in the aggregate, exceed the minimum long-termcontract capacity, but may do so voluntarily subject to commission approval. Aslong as the electric distribution company has entered into long-term contractsin compliance with this section, the electric distribution company shall not berequired by regulation or order to enter into power purchase contracts withrenewable generation projects for power, renewable energy certificates, or anyother attributes with terms of more than three (3) years in meeting itsapplicable annual renewable portfolio standard requirements set forth in §39-26-4 or pursuant to any other provision of the law.
(2) Except as provided in § 39-26.1-7 and 39-26.1-8, anelectric distribution company shall not be required to enter into long-termcontracts for newly developed renewable energy resources that exceed thefollowing four (4) year phased schedule:
By December 30, 2010: Twenty-five percent (25%) of theminimum long-term contract capacity;
By December 30, 2011: Fifty percent (50%) of the minimumlong-term contract capacity;
By December 30, 2012: Seventy-five percent (75%) of theminimum long-term contract capacity;
By December 30, 2013: One hundred percent (100%) of theminimum long-term contract capacity; but may do so earlier voluntarily, subjectto commission approval.
(d) Compliance with the long-term contract standard shall bedemonstrated through procurement pursuant to the provisions of a long-termcontract of energy, capacity and attributes reflected in NE-GIS certificatesrelating to generating units certified by the commission as using newlydeveloped renewable energy resources, as evidenced by reports issued by theNE-GIS administrator and the terms of the contract; provided, however, that theNE-GIS certificates were procured pursuant to the provisions of a long-termcontract. The electric distribution company also may purchase other attributesfrom the generator as part of the long-term contract.
(e) After the adoption of the rules and regulationspromulgated by the commission pursuant to this chapter, an electricdistribution company may, at its sole election, immediately and from time totime, procure additional commercially reasonable long-term contracts for newlydeveloped renewable energy resources on an earlier timetable or above theminimum long-term contract capacity, subject to commission approval.
§ 39-26.1-3 Long-term contract standard.– (a) Beginning on or before July 1, 2010, each electric distribution companyshall be required to annually solicit proposals from renewable energydevelopers and, provided commercially reasonable proposals have been received,enter into long-term contracts with terms of up to fifteen (15) years for thepurchase of capacity, energy and attributes from newly developed renewableenergy resources. Subject to commission approval, the electric distributioncompany may enter into contracts for term lengths longer than fifteen (15)years. Notwithstanding any other provisions of this chapter, on or beforeAugust 15, 2009, the electric distribution company shall solicit proposals forone newly developed renewable energy resources project as required in §39-26.1-7. Proposals for the sale of output from an offshore wind projectreceived under the provisions of this section shall be diligently and fullyconsidered without prejudice, regardless of the status of any proceedings under§§ 39-26.1-7 or 39-26.1-8.
(b) The timetable and method for solicitation and executionof such contracts shall be proposed by the electric distribution company, andshall be subject to review and approval by the commission prior to issuance bythe company; provided that the timetable is reasonably designed to result inthe electric distribution company having the minimum long-term contractcapacity under contract within four (4) years of the date of the firstsolicitation; it is not necessary that the projects associated with thesecontracts be operational within these four (4) years, as the operational datesshall be specified in the contract. The electric distribution company shall,subject to review and approval of the commission, select a reasonable method ofsoliciting proposals from renewable energy developers, which shall include, ata minimum, an annual public solicitation, but may also include individualnegotiations. The solicitation process shall permit a reasonable amount ofnegotiating discretion for the parties to engage in commercially reasonablearms-length negotiations over final contract terms. Each long-term contractentered into pursuant to this section shall contain a condition that it shallnot be effective without commission review and approval. The electricdistribution company shall file such contract, along with a justification forits decision, within a reasonable time after it has executed the contractfollowing a solicitation or negotiation. The commission shall hold publichearings to review the contract within forty-five (45) days of the filing andissue a written order approving or rejecting the contract within sixty (60)days of the filing; in rejecting a contract the commission may advise theparties of the reason for the contract being rejected and direct the parties toattempt to address the reasons for rejection in a revised contract within aspecified period not to exceed ninety (90) days. The commission shall approvethe contract if it determines that: (1) the contract is commerciallyreasonable; (2) the requirements for the annual solicitation have been met; and(3) the contract is consistent with the purposes of this chapter. A report oneach solicitation shall be filed with the commission each year within areasonable time after decisions are made by the electric distribution companyregarding the solicitation results, even if no contracts are executed followingthe solicitation.
(c) No electric distribution company shall be obligated toenter into long-term contracts for newly developed renewable energy resourceson terms which the electric distribution company reasonably believes to becommercially unreasonable; provided, however, if there is a dispute aboutwhether these terms are commercially unreasonable, the commission shall makethe final determination after an evidentiary hearing. The electric distributioncompany shall not be obligated to enter into long-term contracts pursuant tothis section that would, in the aggregate, exceed the minimum long-termcontract capacity, but may do so voluntarily subject to commission approval. Aslong as the electric distribution company has entered into long-term contractsin compliance with this section, the electric distribution company shall not berequired by regulation or order to enter into power purchase contracts withrenewable generation projects for power, renewable energy certificates, or anyother attributes with terms of more than three (3) years in meeting itsapplicable annual renewable portfolio standard requirements set forth in §39-26-4 or pursuant to any other provision of the law.
(2) Except as provided in § 39-26.1-7 and 39-26.1-8, anelectric distribution company shall not be required to enter into long-termcontracts for newly developed renewable energy resources that exceed thefollowing four (4) year phased schedule:
By December 30, 2010: Twenty-five percent (25%) of theminimum long-term contract capacity;
By December 30, 2011: Fifty percent (50%) of the minimumlong-term contract capacity;
By December 30, 2012: Seventy-five percent (75%) of theminimum long-term contract capacity;
By December 30, 2013: One hundred percent (100%) of theminimum long-term contract capacity; but may do so earlier voluntarily, subjectto commission approval.
(d) Compliance with the long-term contract standard shall bedemonstrated through procurement pursuant to the provisions of a long-termcontract of energy, capacity and attributes reflected in NE-GIS certificatesrelating to generating units certified by the commission as using newlydeveloped renewable energy resources, as evidenced by reports issued by theNE-GIS administrator and the terms of the contract; provided, however, that theNE-GIS certificates were procured pursuant to the provisions of a long-termcontract. The electric distribution company also may purchase other attributesfrom the generator as part of the long-term contract.
(e) After the adoption of the rules and regulationspromulgated by the commission pursuant to this chapter, an electricdistribution company may, at its sole election, immediately and from time totime, procure additional commercially reasonable long-term contracts for newlydeveloped renewable energy resources on an earlier timetable or above theminimum long-term contract capacity, subject to commission approval.
§ 39-26.1-3 Long-term contract standard.– (a) Beginning on or before July 1, 2010, each electric distribution companyshall be required to annually solicit proposals from renewable energydevelopers and, provided commercially reasonable proposals have been received,enter into long-term contracts with terms of up to fifteen (15) years for thepurchase of capacity, energy and attributes from newly developed renewableenergy resources. Subject to commission approval, the electric distributioncompany may enter into contracts for term lengths longer than fifteen (15)years. Notwithstanding any other provisions of this chapter, on or beforeAugust 15, 2009, the electric distribution company shall solicit proposals forone newly developed renewable energy resources project as required in §39-26.1-7. Proposals for the sale of output from an offshore wind projectreceived under the provisions of this section shall be diligently and fullyconsidered without prejudice, regardless of the status of any proceedings under§§ 39-26.1-7 or 39-26.1-8.
(b) The timetable and method for solicitation and executionof such contracts shall be proposed by the electric distribution company, andshall be subject to review and approval by the commission prior to issuance bythe company; provided that the timetable is reasonably designed to result inthe electric distribution company having the minimum long-term contractcapacity under contract within four (4) years of the date of the firstsolicitation; it is not necessary that the projects associated with thesecontracts be operational within these four (4) years, as the operational datesshall be specified in the contract. The electric distribution company shall,subject to review and approval of the commission, select a reasonable method ofsoliciting proposals from renewable energy developers, which shall include, ata minimum, an annual public solicitation, but may also include individualnegotiations. The solicitation process shall permit a reasonable amount ofnegotiating discretion for the parties to engage in commercially reasonablearms-length negotiations over final contract terms. Each long-term contractentered into pursuant to this section shall contain a condition that it shallnot be effective without commission review and approval. The electricdistribution company shall file such contract, along with a justification forits decision, within a reasonable time after it has executed the contractfollowing a solicitation or negotiation. The commission shall hold publichearings to review the contract within forty-five (45) days of the filing andissue a written order approving or rejecting the contract within sixty (60)days of the filing; in rejecting a contract the commission may advise theparties of the reason for the contract being rejected and direct the parties toattempt to address the reasons for rejection in a revised contract within aspecified period not to exceed ninety (90) days. The commission shall approvethe contract if it determines that: (1) the contract is commerciallyreasonable; (2) the requirements for the annual solicitation have been met; and(3) the contract is consistent with the purposes of this chapter. A report oneach solicitation shall be filed with the commission each year within areasonable time after decisions are made by the electric distribution companyregarding the solicitation results, even if no contracts are executed followingthe solicitation.
(c) No electric distribution company shall be obligated toenter into long-term contracts for newly developed renewable energy resourceson terms which the electric distribution company reasonably believes to becommercially unreasonable; provided, however, if there is a dispute aboutwhether these terms are commercially unreasonable, the commission shall makethe final determination after an evidentiary hearing. The electric distributioncompany shall not be obligated to enter into long-term contracts pursuant tothis section that would, in the aggregate, exceed the minimum long-termcontract capacity, but may do so voluntarily subject to commission approval. Aslong as the electric distribution company has entered into long-term contractsin compliance with this section, the electric distribution company shall not berequired by regulation or order to enter into power purchase contracts withrenewable generation projects for power, renewable energy certificates, or anyother attributes with terms of more than three (3) years in meeting itsapplicable annual renewable portfolio standard requirements set forth in §39-26-4 or pursuant to any other provision of the law.
(2) Except as provided in § 39-26.1-7 and 39-26.1-8, anelectric distribution company shall not be required to enter into long-termcontracts for newly developed renewable energy resources that exceed thefollowing four (4) year phased schedule:
By December 30, 2010: Twenty-five percent (25%) of theminimum long-term contract capacity;
By December 30, 2011: Fifty percent (50%) of the minimumlong-term contract capacity;
By December 30, 2012: Seventy-five percent (75%) of theminimum long-term contract capacity;
By December 30, 2013: One hundred percent (100%) of theminimum long-term contract capacity; but may do so earlier voluntarily, subjectto commission approval.
(d) Compliance with the long-term contract standard shall bedemonstrated through procurement pursuant to the provisions of a long-termcontract of energy, capacity and attributes reflected in NE-GIS certificatesrelating to generating units certified by the commission as using newlydeveloped renewable energy resources, as evidenced by reports issued by theNE-GIS administrator and the terms of the contract; provided, however, that theNE-GIS certificates were procured pursuant to the provisions of a long-termcontract. The electric distribution company also may purchase other attributesfrom the generator as part of the long-term contract.
(e) After the adoption of the rules and regulationspromulgated by the commission pursuant to this chapter, an electricdistribution company may, at its sole election, immediately and from time totime, procure additional commercially reasonable long-term contracts for newlydeveloped renewable energy resources on an earlier timetable or above theminimum long-term contract capacity, subject to commission approval.
