On January 14, 2021, The Pennsylvania PUC approved a Tentative Implementation Order (TIO) to the Alternative Energy Portfolio Standards Act 114 of 2020 (Docket No.: M-2020-3023323). A copy of the Order can be found here. Section 14 of Act 114 of 2020 discusses changes to the eligibility of non-PA sited Tier II facilities and credits which begins on Page 5 of the TIO. The PUC will be seeking comments on the proposed interpretation and implementation of the of Act 114 of 2020. Instructions on how to submit comments can be found on Page 13 of the TIO.
Additional Information:
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On November 23, 2020, the PA AEPS Program Administrator halted the review of all certification requests for Tier II generation facilities located outside of Pennsylvania. The Program Administrator will follow up with facility owners with pending certification requests after the Final Implementation Order is issued.
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On December 1, 2020, the PA PUC staff requested that PJM-GATS continue to mint Tier II credits for out-of-state facilities but without having these credits identified as being eligible for use towards Tier II of PA’s AEPS. This action is needed at least throughout the interim period while the Commission establishes procedures to consider any out-of-state credits that may subsequently be approved for use towards Tier II of PA’s AEPS, subject to the review of contractual agreements that existed prior to the implementation of Act 114.
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Out-of-state Tier II credits from generation prior to and through the month of November 2020 will remain eligible for PA AEPS Tier II compliance until those credits are retired or expire. Credits are valid the year they are generated and for two years after. The 2021 compliance year is June 1, 2020 to May 31, 2021 and credits generated from June 2018 through May 2021 are eligible to meet compliance year 2021 requirements.