8. Summary of § 399.14(b)(2) Compliance Process

All LSEs must report their compliance with the § 399.14(b)(2) gatekeeping process in their annual compliance reports by reporting their prior year's retail sales, calculating 0.25% of prior year's retail sales, and reporting energy deliveries in contracts signed during the reporting year according to the relevant categories, with appropriate documentation of "existing" or "new" status of the facility:

a. long-term, with an existing facility or a new facility;

b. short-term with a new facility; and

c. short -term with an existing facility.

Any LSE seeking to carry forward credit for signing long-term contracts or short-term contracts with new facilities with contracted-for energy in excess of the 0.25% requirement must indicate the credit to carry forward, as well as any credit being claimed, in its annual reports.

In addition, those LSEs that submit their RPS procurement contracts for Commission approval must indicate in their advice letter or application the same information about categorization of the contract being submitted. Those LSEs that do not submit their RPS contracts for our approval may be required by the Director of Energy Division to submit copies of their contracts for verification of the terms, status, and categorization of the contract, as well as copies of the original contract with the generation facility if they are using any repackaged contracts to meet the § 399.14(b)(2) requirements.

A tabular overview of the implementation of § 399.14(b)(2), from the point of view of an RPS-obligated LSE, is presented in Appendix A.