§ 39-26-9 — § 39-26-9. Energy source disclosure requirements.

§ 39-26-9. Energy source disclosure requirements.

(a) The commission shall, by March 31, 2005, establish and enforce right-to-know regulations requiring any obligated entity to distribute energy source disclosures to all customers of each electrical energy product offered.

(b) The energy source disclosure shall indicate what sources of energy were used to generate electricity for each electrical energy product, expressed as a percentage of the total amount of energy used towards each electrical energy product. The energy source disclosure shall show the percentages of energy obtained from each of the eligible renewable energy resources, as well as the percentage of energy obtained from nuclear plants, natural gas, oil (which may include any fossil fuel), hydroelectric plants that are not eligible renewable energy resources, coal, and any other sources that the commission may require to be included. The energy source disclosure shall also indicate the emissions created as a result of generating the electricity.

(c) Energy source disclosures shall be distributed to consumers on a quarterly basis. The obligated entities shall be allowed to recover in rates all incremental costs associated with preparation and distribution of the disclosure label.

(d) The commission shall allow for or require the use of NE-GIS certificates for the calculation of the energy source disclosure.

(e) The energy source disclosure presented to any particular end-use customer shall take into consideration and account for voluntary purchases of generation attributes or related products, including purchases made by the end-use customer from providers other than the obligated entity, even if the end-use customer is billed by the obligated entity and also served by that obligated entity's electrical energy product.

Legislative History

P.L. 2004, ch. 199, § 1; P.L. 2004, ch. 205, § 1.