.03 Creation of RECs Based on Generation Not Delivered Into the PJM Region.

A supplier may request recognition of a REC associated with a Tier 1 renewable source or Tier 2 renewable source not delivered into the PJM region under the following conditions:

A. The electricity is generated at a facility that has been certified by the Commission under COMAR 20.61.02;

B. One of the following:

(1) Certification by the operator of the control area in which the facility is located of the total number of megawatt-hours (MWhs) generated at the facility by month and calendar year; or

(2) If the operator of the control area is unable to make the certification under §B(2)(a) of this regulation:

(a) An affidavit from the operator of the control area attesting that the operator is unable to certify the total number of megawatt-hours generated by the named applicant facility for the specific year in question; and

(b) A certification by the applicant of the total number of megawatt-hours generated at the facility for each calendar year;

C. Certification by the authorized representative of the facility that the RECs associated with the electricity have not expired or been retired, transferred, or redeemed; and

D. The electricity is generated within the PJM Region or in a state adjacent to the PJM control area.