OAR 330-160-0050: Hydroelectric Facility Upgrades

(1) Efficiency upgrades from an Oregon RPS qualifying hydroelectric facility refers to additional incremental qualifying electricity production at an existing hydroelectric facility due to upgrades to existing generators, turbines and other Department-approved equipment changes. Efficiency upgrades do not include increased generation achieved through increased impoundments or increased appropriation or diversions of water. (2) The generator representative must estimate the percentage increase in efficiency of the facility’s hydroelectric power production due to an efficiency upgrade and provide that estimate to the Department via the supplemental application form provided by the Department for hydroelectric efficiency upgrades, with supporting documentation substantiating the estimate. (3) The Department will determine the eligibility of incremental hydroelectric power production at an existing hydroelectric facility for purposes of Oregon RPS compliance. (a) Eligibility is based solely on any operational changes at the facility that are directly associated with efficiency upgrades as defined in subsection (1) of this section. (b) The determination of the percentage increase in the efficiency of hydroelectric power production as described in subsection (1) of this section shall be based on the best available evidence, including but not limited to, representations by the Federal Energy Regulatory Commission or, for federal projects, by the authorized power marketing agency or agencies with jurisdiction over the federal projects. (c) The annual electricity production eligible for RPS-eligible renewable energy certificates is the annual hydroelectric power production at the facility multiplied by the percentage increase in efficiency from paragraph (b) of this subsection. (d) The Department will provide to WREGIS the increment of percentage increase in hydroelectric power production attributable to the facility efficiency upgrades that is RPS-eligible. (4) Capacity upgrades to a hydroelectric project are not eligible under ORS 469A.025(4)(b) for the Oregon RPS. Capacity upgrades to a hydroelectric project include any increase in generating capacity other than an increase from an efficiency upgrade. (5) For hydroelectric efficiency upgrades made to a Federal Columbia River Power System facility consistent with this section, only the incremental generation attributable to Oregon’s share, per ORS 469A.020(3), is eligible for the Oregon RPS. (a) Utilities or Joint Operating Entities that make sales of electricity to retail customers or members in more than one state may receive Oregon’s share only for their Oregon load. (b) The Department will certify in WREGIS as eligible for compliance with the Oregon RPS those RECs associated with Oregon’s share, as may be adjusted by the Department. (6) Effective January 1, 2013, annually and no later than December 31, the Department will publish a list of electric utilities that make sales of electricity to retail customers in more than one state. The list will indicate the most recent proportion of retail load that is located in Oregon, or, for investor-owned utilities, the most recent proportion of eligible Residential Exchange Load located in Oregon. (a) Annually and no later than October 1, the Department may request that a consumer owned utility that serves retail customers in more than one state provide its total retail load and state-by-state retail load percentages to the Department. Upon such request, the consumer owned utility must provide such retail load information by November 15. (b) Annually and no later than October 1, the Department may request an investor-owned utility that serves retail customers in more than one state provide its total eligible Residential Exchange Load and state-by-state Residential Exchange Load percentages and values to the Department. Upon such request, the investor-owned utility must provide such retail load information by November 15. After the Department receives percentages and values, there may be a period of reconciliation. (c) If no submission is received or no reasonably current information is available, the Department will not publish load information for that utility. (7) Annually, on or around April 1, the Department may request that BPA provide the Department with a copy of the certificate transfer directions that BPA provides to WREGIS. (8) After the fifth anniversary of the date the Department determines that a hydroelectric efficiency upgrade is eligible for the Oregon RPS, the Department will request from the generator representative a review of the performance of the efficiency upgrade. Except as provided in subsection (9) of this section, within six months of the Department’s request, the generator representative must provide to the Department a new estimate of the facility’s percentage increase in efficiency attributable to the efficiency upgrade with supporting documentation. (9) The Department may grant an exemption from the review described in subsection (8) of this section to any facility for which the generator representative, within six months of the Department’s request: (a) Demonstrates to the Department’s satisfaction that the customer generator’s estimated percentage increase in efficiency is supported by historical data such that it represents the long term average; and (b) Signs a form, provided by the Department, attesting that the physical equipment and operation of the facility has not changed in a manner that would affect the percentage increase in efficiency attributable to the efficiency upgrade since that efficiency increment was established. (10) If the Department determines that the percentage increase in efficiency attributable to the efficiency upgrade has changed from the facility’s current RPS certification, it will revise the increment in WREGIS accordingly and notify the generator representative of the revised increment in writing. The revised increment in WREGIS will apply to all electricity generated on or after the date WREGIS is updated with the revised increment.