§ 39-26.1-9. Town of Johnston project.
Notwithstanding any other provisions of this chapter to the contrary:
(1) The Narragansett Electric Company is hereby authorized, at its sole discretion, to
procure a commercially reasonable long-term contract for a newly developed renewable
energy resource fueled by landfill gas from the central landfill in the town of Johnston
on a timetable earlier than is otherwise set forth in this chapter.
(2) Any such contract executed on or before May 21, 2010, shall be legal, binding, and
enforceable and shall not be subject to commission approval if:
(i) The resource has a gross nameplate capacity rating of less than thirty-seven megawatts
(37 MW); and
(ii) The contract is:
(A) For a term not in excess of twenty (20) years; and
(B) Contains the other terms and conditions as may be approved by the director of the
department of administration, the approval to be indicated by written confirmation
of the director delivered to an electric distribution company prior to the contract
becoming effective.
(3) The power purchase agreement shall be reviewed by the administrator of the division
of public utilities and carriers, the executive director of the Rhode Island economic
development corporation, the administrator of the office of energy resources, and
the director of the department of administration. Certified copies of the executed
agreement shall be provided to each agency by the Narragansett Electric Company and
published on the website of the division of public utilities and carriers for public
inspection. Members of the public shall have fifteen (15) days to submit written comments
to the four (4) agencies for the respective agency consideration; however, no evidentiary
hearings shall be required.
(4) Within thirty (30) days of receipt of the agreement, each of the four (4) agencies
in subsection (3) of this section shall issue a certification or decline certification
in writing. The certifications or declinations shall be final and conclusive as a
matter of law and not subject to appeal. The respective certification determinations
shall be made to the division of public utilities and carriers as follows:
(i) The administrator of the division of public utilities and carriers shall certify the
agreement if the administrator determines that the agreement is consistent with the
provisions of this chapter and this section;
(ii) The executive director of the Rhode Island economic development corporation shall
certify the agreement if the executive director determines that the project encourages
and facilitates the creation of jobs in Rhode Island in the renewable energy sector;
(iii) The administrator of the office of energy resources shall certify the agreement if
the administrator determines that the agreement fulfills the declared policy of this
chapter and this section;
(iv) The director of the department of administration shall certify the agreement if the
director determines that the contractual terms of the agreement are reasonable and
in the best interest of the state in accordance with this chapter and section.
(5) Upon receipt of the certifications pursuant to subsection (4) of this section, the
division shall review the certifications and confirm that each is in conformance with
this section.
(6) Within five (5) days of receipt of the certifications by the division, the division
shall file the agreement with the commission. Upon the filing, the agreement shall
be deemed accepted and fully enforceable.
(7) If one or more of the certifications is not received by the division within the thirty-day
(30) period established by this section, the division shall, within fifteen (15) days,
consider the reasons, if any, provided by the agency not providing the certification
and the division shall, within the fifteen-day (15) period, make a final determination
on the question originally assigned to the non-certifying agency. If the division
determines that, notwithstanding the lack of certification from the non-certifying
agency, the certification should be issued, the division shall make the certification,
which certification shall have the same effect as if it had been made by the agency
that first considered the question. If, in the case of a lack of certification from
an agency, the division determines that such certifications shall not be issued, then
the division shall not file the agreement with the commission and the agreement shall
have no effect.
(8) The Narragansett Electric Company's act of having entered into this agreement and
its terms and pricing shall be deemed prudent for purposes of any future regulatory
proceedings before the commission and recovery of the costs incurred in making payments
under the terms of the agreement shall not be subject to challenge in any future commission
proceedings. The provisions of § 39-26.1-4 and the provisions of subsections (b), (c), (d), and (f) of § 39-26.1-5 shall apply, and all costs incurred in, or savings resulting from, the administration
and implementation of the agreement shall be recovered annually by the electric distribution
company and its customers in electric distribution rates. Any contract entered into
pursuant to this section shall count as part of the minimum long-term contract capacity.
(9) The electric distribution company shall be authorized upon appropriate notice and
filing with the commission, to allocate all products purchased under any power purchase
agreements entered into pursuant to this chapter to its standard-offer service customers
at the market price and to allocate any difference, whether positive or negative,
between the costs of the power purchase agreement and the market price of the products
purchased under the power purchase agreement to all of its electric distribution customers.
(10) The provisions of this section shall be severable from the other provisions of this
chapter, and shall remain in effect regardless of any judicial challenge to other
sections of this chapter.