5. Duration

SB 107 became effective January 1, 2007. Therefore, the 2007 calendar year is the first year that the minimum quantity requirement applies. Parties' proposals for the duration of the requirement tend to be either "until 2010," the formal legislative deadline for compliance with the requirement that 20% of retail sales be met with eligible renewable resources, or "until the 20% requirement is met."

We prefer to keep the requirement in place until an LSE actually attains the 20% goal. This will provide a small additional reward for any LSE that meets the goal earlier than 2010. It will also simplify enforcement with respect to those LSEs that do not attain the 20% goal by 2010. Instead of developing potentially complex adjustments and/or penalties each year, the requirement will simply remain until the LSE attains the 20% goal. If the goal is attained in 2009, the LSE no longer has an obligation under § 399.14(b)(2) from 2010 forward. If the goal is attained in 2013, the LSE's obligation under § 399.14(b)(2) will end in 2014.³¹

³¹ We use the 20% goal, since it is the current legislative goal, and will provide an incentive for LSEs to reach it before 2010. We note the goal of 33% of retail sales provided by eligible renewable resources by 2020 in Energy Action Plan II. If the overall RPS goal increases, parties may address in future pleadings the application of § 399.14(b)(2) requirements.