WSR 15-07-044
[Docket UE-131723—Filed March 12, 2015, 9:46 a.m.]
Continuance of WSR 14-18-084.
Preproposal statement of inquiry was filed as WSR 13-20-127.
Title of Rule and Other Identifying Information: Chapter 480-109 WAC, Electric companies—Acquisition of minimum quantities of conservation and renewable energy as required by the Energy Independence Act (chapter 19.285 RCW).
Date of Intended Adoption: May 15, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Energy Independence Act provides that the Washington utilities and transportation commission (commission) "may adopt rules to ensure the proper implementation and enforcement of this chapter as it applies to investor-owned utilities," (RCW 19.285.080). The commission initiated an inquiry to determine whether revised regulations were needed to ensure that the renewable resource and conservation requirements were properly implemented and enforced and whether revised rules would further the objectives of the act; promote energy independence in the state and the Pacific Northwest region; stabilize electricity prices for Washington residents; provide economic benefits for Washington counties and farmers; create high-quality jobs in Washington; provide opportunities for training apprentice workers in the renewable energy field; protect clean air and water; and position Washington state as a national leader in clean energy technologies.
The commission considered adoption of proposed rules in chapter 480-109 WAC at a rule-making hearing on November 5, 2014. The commission amended, adopted, and repealed certain rules in chapter 480-109 WAC implementing chapter 19.285 RCW the Energy Independence Act and filed its adoption order with the code reviser on March 12, 2015. In the adoption order the commission defers consideration of WAC 480-109-300, a reporting requirement for energy and emissions intensity metrics.
The purpose of this continuance of WSR 14-18-084 is to provide notice of the commission's intended date of adoption of WAC 480-109-300 with the code reviser. The commission does not intend to hold any further rule adoption hearing on this section.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, and 19.285.080 (1) and (4).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [Utilities and transportation commission], governmental.
Name of Agency Personnel Responsible for Drafting: David Nightingale, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1154; Implementation and Enforcement: Steven V. King, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1115.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule require investor-owned utilities, none of which qualify as a small business, to acquire certain minimum amounts of renewable resources and all cost-effective, reliable and available conservation. Because the proposed rule will not increase costs to small businesses, a small business economic impact statement is not required under RCW 19.85.030(1).
A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rule is not a significant legislative rule of the sort referenced in RCW 34.05.328(5).
March 12, 2015
Steven V. King
Executive Director
and Secretary
WAC 480-109-300 Energy and emissions intensity metrics.
(1) A utility must report metrics of energy and emissions intensity to the commission on or before June 1st of each year. The report must include annual values for each metric for the preceding ten calendar years. Each value reported must be based on the annual energy or emissions from all generating resources providing service to customers of that utility in Washington state, regardless of the location of the generating resources. When the metrics are calculated from generators that serve out-of-state and in-state customers, the annual energy and emissions outputs must be prorated to represent the proportion of the resource used by Washington customers.
(2) The energy and emissions intensity report shall include the following metrics:
(a) Average MWh per residential customer;
(b) Average MWh per commercial customer;
(c) MWh per capita;
(d) Million tons of CO2 emissions; and
(e) Comparison of annual million tons of CO2 emissions to 1990 emissions.
(3) Unknown generation sources. For resources where the utility purchases energy from unknown generation sources, often called "spot market" purchases, from which the emission rates are unknown, the utility shall report emission metrics using the average electric power CO2 emissions rate described as the net system mix (spot market) in the Washington state electric utility fuel mix disclosure reports compiled by the department pursuant to RCW 19.29A.080. For the resources described in this subsection, a utility must show in the report required in subsection (1) of this section the following:
(a) Tons of CO2 from unknown generation sources;
(b) MWh delivered to its retail customers from unknown generation sources; and
(c) Percentage of total load represented by unknown generation sources.
(4) The energy and emissions intensity report must include narrative text and graphics describing trends and an analysis of the likely causes of changes, or lack of changes, in the metrics.