§ 39-26.6-21. Ownership of output, other attributes, and renewable energy certificates.
(a) Except as provided herein for residential small-scale solar projects, distributed-generation
projects participating in the renewable energy growth program shall transfer to the
electric distribution company the rights and title to:
(1) Those renewable energy certificates generated by the project during the term of the
applicable, performance-based incentive tariff;
(2) All energy produced by the generation that is not otherwise consumed on site under
a net-metering arrangement; a
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§ 39-26.6-21. Ownership of output, other attributes, and renewable energy certificates.
(a) Except as provided herein for residential small-scale solar projects, distributed-generation
projects participating in the renewable energy growth program shall transfer to the
electric distribution company the rights and title to:
(1) Those renewable energy certificates generated by the project during the term of the
applicable, performance-based incentive tariff;
(2) All energy produced by the generation that is not otherwise consumed on site under
a net-metering arrangement; and
(3) Rights to any other environmental attributes or market products that are created or
produced by the project; provided, however, that it shall be the election of the electric
distribution company whether it chooses to acquire the capacity of the distributed-generation
projects under the tariffs set forth in this chapter and no ceiling prices recommended
by the board and approved by the commission will be adjusted downward in light of
the electric distribution company's election. The electric distribution company shall:
(1) Sell any products acquired and credit them to the reconciliation account specified
in § 39-26.6-25; and/or (2) Use the products to serve customers and establish a price to be credited
by customers using the products based on recent and near-term projections of market
prices. When a generator reverts to net metering after the end of the tariff term
under the renewable energy growth program, the net-metering generator shall retain
title to the renewable energy certificates generated by the project. In the case of
residential small-scale projects, title to all energy and capacity produced from the
solar generation shall remain with the residential customer; shall not be transferred
to the electric distribution company; and shall be deemed consumed by the residential
customer on-site during the applicable, distribution-service billing period with no
sale or purchase between the residential customer and the electric distribution company.
(b) For the accounting purposes of the electric distribution company in treating the performance-based
incentives, the cost of the energy that is procured shall be the real-time market
price of energy and the balance of the performance-based incentive shall be attributable
to the purchase of environmental and any other attributes acquired. This accounting
shall have no effect on the total, bundled performance-based incentive to which the
distributed-generation project is entitled under the provisions of this chapter.