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20.61.06.00.htm 20.61.06.00. Title 20 PUBLIC SERVICE COMMISSION Subtitle 61 RENEWABLE ENERGY PORTFOLIO STANDARD PROGRAM Chapter 06 Offshore Wind Authority: Public Utilities Article, §2-121, 7-704.1, and 7-704.2, Annotated Code of Maryland
20.61.06.01.htm 20.61.06.01. 01 Application Process.. A. An OSW applicant shall comply with this regulation when submitting an application to the Commission for a proposed offshore wind project.B. An application submitted pursuant to Public Utilities Article, §7-704.1(a)1) Annotated Code of Maryland, shall be submitted to the Executive Secretary.1) Upon receipt of an application by the Executive Secretary prior to the opening of an application period, the Commission shall determine within 30 c
20.61.06.02.htm 20.61.06.02. 02 Application Requirements.. A. An application shall contain at least the information and materials described in §D through N of this regulation, but an OSW applicant may submit additional information or materials, or both. The Commission in its discretion shall determine whether the information and materials that an OSW applicant provides are sufficiently detailed to satisfy §D through N of this regulation.B. If an OSW applicant is unable to provide any of the information or mater
20.61.06.03.htm 20.61.06.03. 03 Evaluation Criteria.. A. An application must demonstrate the proposed offshore wind project meets the following minimum threshold criteria, as specified:1) The proposed offshore wind project complies with Public Utilities Article, §7-701(k)1) and (2) Annotated Code of Maryland;2) The term of the proposed OREC price schedule is not longer than 20 years, and commences no earlier than January 1, 2017;3) The OREC price on the proposed OREC price schedule do not exceed $190 pe
20.61.06.04.htm 20.61.06.04. 04 Project Site Concerns.. The Commission shall verify that representatives of the United States Department of Defense and the maritime industry have had the opportunity, through the federal leasing process, to express concerns regarding project siting.
20.61.06.05.htm 20.61.06.05. 05 Contribution to Maryland Offshore Wind Business Development Fund.. A. Within 60 days after the Commission approves the application of a proposed offshore wind project, the qualified offshore wind project shall deposit $2,000,000 into the Maryland Offshore Wind Business Development Fund.B. Within 1 year after the initial deposit under §A of this regulation, the qualified offshore wind project shall deposit an additional $2,000,000 into the Maryland Offshore W
20.61.06.06.htm 20.61.06.06. 06 Compliance with Minority Business Enterprise Program.. A. To the extent practicable and permitted by the United States Constitution, the qualified offshore wind project shall comply with the State’s Minority Business Enterprise Program.B. The Commission may not approve an application until the Governor's Office of Small, Minority & Women Business Affairs, in consultation with the Office of the Attorney General, and the OSW applicant have established a clear
20.61.06.07.htm 20.61.06.07. 07 Offshore Wind Energy Component of Renewable Energy Portfolio Standard.. A. The Commission shall establish the offshore wind energy RPS under Public Utilities Article, §7-703(b) Annotated Code of Maryland, and that determination:1) Shall be based on projected annual creation of ORECs by qualified offshore wind projects; and. 2) Shall be made on a forward-looking basis at least three years in advance. If the Commission issues additional OREC orders, it shall at such time ad
20.61.06.08.htm 20.61.06.08. 08 Establishing the OREC Purchase Obligation and Replacement OREC Price Schedule.. A. The Commission shall establish the OREC purchasers’ obligation to purchase ORECs for each year that the offshore wind energy RPS is in effect on a forward-looking basis and at least 3 years in advance of the calendar year in which that OREC purchase obligation is to take effect to allow OREC purchasers to reflect the costs of ORECs in retail prices offered to its customers.B. Each OREC purchaser sh
20.61.06.09.htm 20.61.06.09. 09 Appointment of Escrow Administrator.. A. A qualified offshore wind project shall appoint an administrator, selected by that project and acceptable to the Commission, to establish for that project an escrow account, a reserve account and other accounts required by this chapter.B. In selecting its administrator, the relevant qualified offshore wind project shall seek bids from two or more qualified financial institutions for the scope of work required by this chapter and oth
20.61.06.10.htm 20.61.06.10. 10 Qualified Offshore Wind Project Invoices; Payment and Transfer of ORECs.. A. Subject to the provisions of this regulation, a project may deliver an OREC invoice to its administrator no more frequently than on a monthly basis.B. During the initial year in which the offshore wind energy RPS takes effect and so long as project COD shall have occurred with respect to a qualified offshore wind project, the project may deliver the first OREC invoice to its administrator no ear
20.61.06.11.htm 20.61.06.11. 11 Invoicing of OREC Purchasers and Administrator’s Responsibilities.. In addition to the duties of the administrator set forth elsewhere in this chapter, each administrator shall have the duties and obligations set forth in this regulation.A. Each administrator shall establish and maintain a segregated escrow account, reserve account and GATS account for each qualified offshore wind project that appoints it to be the administrator.B. The administrator shall send an invoice to each
20.61.06.12.htm 20.61.06.12. 12 Payment of PJM Revenues and Trust for Benefit of Ratepayers.. A. Each qualified offshore wind project shall sell all of its electricity service attributes in the markets operated by PJM.B. All proceeds from those sales that are associated with the ORECs that a project is authorized to sell under its OREC order (net of fees and charged imposed by PJM) shall be paid to the project’s related escrow account to be applied in accordance with the order of priority
20.61.06.13.htm 20.61.06.13. 13 Value to Ratepayers of State or Federal Funds and Benefits.. A. As described by Regulation .02K(6) of this chapter, the qualified offshore wind project shall pass along to ratepayers no less than 80 percent of the value of all state or federal grants, rebates, tax credits, loan guarantees and other similar benefits that the project receives that were not included at the time the project submits its application.B. No later than 30 days following the end of each
20.61.06.14.htm 20.61.06.14. 14 Refunds Distributed by Electric Companies.. A. Each electric company shall submit a proposal for approval by the Commission describing the methodology that it proposes to use in calculating and refunding or crediting the amounts paid to it under §G(4) of Regulation .11 of this chapter to its retail electric customers.B. Each electric company shall, within 90 days of receipt from the administrator, refund or credit the amounts paid to it under §G(4) of Regulation .1
20.61.06.15.htm 20.61.06.15. 15 Transfer and Expiration of Excess Electricity Service Attributes.. A. Legal title and beneficial ownership of an OREC shall vest in the project at the moment such OREC is created by PJM EIS and deposited in the project’s GATS account.B. If, after satisfying its obligations to deliver the number of ORECs that it is authorized to sell under its OREC order in any given calendar year, a project determines that the electricity service attributes generated by the project is in excess o
20.61.06.16.htm 20.61.06.16. 16 Project Commencement of Operations.. A. Each project shall provide periodic updates to the Commission regarding the status of the development of project as required by COMAR 20.61.06.18, including and whether the project is on schedule to meet its estimated project COD as notified to the Commission in the project’s application.B. If, based on facts and circumstances available at that time, a project determines that it is not reasonably expected to be able to meet its origina
20.61.06.17.htm 20.61.06.17. 17 Extension of OREC Price Schedule Beyond the Term.. A. Each qualified offshore wind project shall report all of the following information to the Commission within 2 years before the expiration of the term of an OREC price schedule:1) Anticipated PJM revenues for the project for the 5-year period immediately following expiration of the term of the OREC price schedule; and2) Anticipated project operating costs for the project for the 5-year period immediately following e
20.61.06.18.htm 20.61.06.18. 18 Reporting Requirements.. A. The qualified offshore wind project shall file annual reports with the Commission each year subsequent to issuance of the OREC order containing updated information required by Regulation .02H of this chapter, until the project achieves project COD.B. Any material change to the qualified offshore wind project shall be reported to the Commission within 30 days of the date of that decision and the Commission shall decide, in its discretion, whethe
20.61.06.19.htm 20.61.06.19. 19 End of Term.. A. Upon either the termination of the term of an OREC price schedule or if further extensions of 5-year terms are granted by the Commission pursuant to Public Utilities Article, §7-704.2(d) Annotated Code of Maryland, at the conclusion of the final term of such 5-year terms, the Commission may instruct the project to cause the administrator to distribute all funds remaining in the escrow account and reserve account to the electric companies for r
20.61.06.20.htm 20.61.06.20. 20 Severability.. If any part of the regulations in this chapter is found to be invalid by a court of competent jurisdiction or its application to any person or circumstances is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of these regulations.
20.61.06.9999.htm 20.61.06.9999. Administrative History Effective date: September 15, 2014 (41:18 Md. R. 1010).
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