OAR 860-038-0405: ESS Emissions Planning Report

(1) From June 1, 2024, through May 30, 2027, each ESS certified pursuant to ORS 757.649 that has sold electricity to retail electricity consumers in Oregon in the previous calendar year or has executed a contract to sell electricity to retail electricity consumers in Oregon within the following three calendar years is required to file a copy of the annual greenhouse gas emissions report submitted to the Oregon Department of Environmental Quality in accordance with Oregon Laws 2021, Chapter 508, Section 5(4)(a) within 10 days of filing with the Oregon Department of Environmental Quality. (2) Beginning on January 1, 2027, each ESS certified under ORS 757.649 that has sold electricity to retail electricity consumers in Oregon in the previous calendar year or has executed a contract to sell electricity to retail electricity consumers in Oregon within the following three calendar years is required to file a report in accordance with section (3) of this rule. If prescribed by the Commission, each ESS must use established forms to provide information required under this rule. (3) Each ESS must file an Emissions Planning Report on or before June 1 of each calendar year that includes the following: (a) A cover-page with a checklist for each item required by the report, as set forth in this section. and an indication of where that information is found in the report and whether specified information is confidential subject to a protective order. A uniform template for the cover page checklist and Protective Order will be provided on the Commission website under the Reports & Forms section; (b) A summary of the specific electricity-generating resources, MWh generation from those resources, emissions per MWh (MTCO2e/MWh) associated with serving Oregon Direct Access customers, and all emissions from the previous calendar year that were reported to DEQ; (c) A load forecast for each of the following three consecutive years, aggregate for all Oregon Direct Access customers; (d) An estimate of the annual greenhouse gas emissions associated with serving Oregon Direct Access customers, forecasted for the following three consecutive years; (e) An action plan that specifies annual goals and resources, including specified and unspecified market purchases, that the ESS plans to use to meet the load and emissions forecast consistent with the DEQ emissions reporting methodology; (f) An analysis of the $/MWh (levelized if under different pricing structure) that the customer will be charged for service related to compliance for each of the next 3 years, and (g) Anticipated actions to facilitate rapid reductions of greenhouse gas emissions at reasonable costs to retail electricity consumers served by the ESS, including but not limited to: (A) Development of non-emitting dispatchable resources; (B) Demand response offerings; (C) Energy efficiency offerings: and, (D) Onsite renewable generation. (4) ESSs serving customers or generating electricity in multiple electric company service territories must separate the report's contents referred to in section (3) of this rule by each unique service territory. (5) Commission staff and interested persons may file written comments on each ESS's Emissions Planning Report within 45 calendar days of the filing. The ESS may file a written response to any comments within 30 calendar days thereafter. After considering written comments, the Commission may decide to commence an investigation, begin a proceeding, or take other action as necessary to make a determination regarding Oregon Laws 2021, Chapter 508, Section 5 requirement for continual and reasonable progress toward compliance with the clean energy targets set forth in Oregon Laws 2021, Chapter 508, Section 3. (6) Upon conclusion of the Commission review of the report in section (3) of this rule, the Commission will issue a decision to acknowledge the ESS's Emissions Planning Report if it demonstrates continual and reasonable progress toward compliance with state clean energy targets. If the Commission determines the Emissions Planning Report does not demonstrate continual and reasonable compliance, the ESS must file an updated Emissions Planning Report that addresses the Commission's concerns within 90 days. (7) The ESS must post a non-confidential version of the Emissions Planning Report on its website within 30 days of the Commission decision whether to accept the report. The ESS must also provide information about its compliance report to its customers by bill insert or other Commission-approved method. (8) Availability of Information: (a) Information regarding an analysis of the $/MWh (levelized if under different pricing structure) that the customer will be charged for service related to compliance for each of the next 3 years. as required by section 3(f) of this rule will be available for review only by Qualified Statutory Parties, meaning any Commission Staff and any representatives of the Citizen's Utility Board, who executed a modified protective order. (b) The following information shall be available for review only by Non-Market Participants that have executed a modified protective order: (A) Action plan that specifies annual goals and resources, including specified and unspecified market purchases, that the ESS plans to use to meet the load and emissions forecast consistent with the DEQ emissions reporting methodology, as required in Section 3(e) of this rule; (B) Information regarding the load forecast for each of the following three consecutive years, aggregate for all Oregon Direct Access customers, as required by Section 3(c) of this rule; and (C) The summary of the specific electricity-generating resources and MWh generation from those resources, as required by Section 3(b) of this rule. (c) For purposes of this rule. Non-Market Participants includes Commission Staff, the Citizen's Utility Board, and non-profit organizations engaged in environmental advocacy that do not otherwise participate in electricity markets.