§ 39-26.6-5. Tariffs proposed and approved.
(a) Each year the electric distribution company shall file tariffs with the commission
that are designed to provide a multiyear stream of performance-based incentives to
eligible renewable-distributed-generation projects for a term of years, under terms
and conditions set forth in the tariffs and approved by the commission. The tariffs
shall set forth the rights and obligations of the owner of the distributed-generation
project and the conditions upon which payment of performance-based incentives by the
electric distribution company will be paid. The tariffs shall include the non-price
conditions set forth in §§ 39-26.2-7(2)(i) — (vii) for small distributed-generation projects (other than small- and medium-scale
solar) and large distributed-generation projects; provided, however, that the time
periods for the projects to reach ninety percent (90%) of output shall be extended
to twenty-four (24) months (other than eligible anaerobic-digestion projects, which
shall be thirty-six (36) months, and eligible small-scale hydro, and large-scale solar
projects which shall be forty-eight (48) months). The non-price conditions in the
tariffs for small- and medium-scale solar shall take into account the different circumstances
for distributed-generation projects of the smaller sizes.
(b) In addition to the tariff(s), the filing shall include the rules governing the solicitation
and enrollment process. The solicitation rules will be designed to ensure the orderly
functioning of the distributed-generation growth program and shall be consistent with
the legislative purposes of this chapter.
(c) In proposing the tariff(s) and solicitation rules applicable to each year, the tariff(s)
and rules shall be developed by the electric distribution company and will be reviewed
by the office and the board before being sent to the commission for its approval.
The proposed tariffs shall include the ceiling prices and term lengths for each tariff
that are recommended by the board. The term lengths shall be from fifteen (15) to
twenty (20) years; provided, however, that the board may recommend shorter terms for
small-scale solar projects. Whatever term lengths between fifteen (15) and twenty
(20) years are chosen for any given tariff, the evaluation of the bids for that tariff
shall be done on a consistent basis such that the same term lengths for competing
bids are used to determine the winning bids.
(d) In setting the ceiling prices, the board may specifically consider:
(1) Transactions for newly developed renewable energy resources, by technology and size,
in the ISO-NE control area and the northeast corridor;
(2) Pricing from bids received during the previous program year;
(3) Environmental benefits, including, but not limited to, reducing carbon emissions;
(4) For community remote distributed-generation systems, administrative costs and financial
benefits for participating customers;
(5) System benefits;
(6) Cost-effectiveness;
(7) Location of projects, including climate resilience and conservation benefits; and
(8) Labor standards pursuant to chapter 26.9 of this title.
(e) At least forty-five (45) days before filing the tariff(s) and solicitation rules,
the electric distribution company shall provide the tariff(s) and rules in draft form
to the board for review. The commission shall have the authority to determine the
final terms and conditions in the tariff and rules. Once approved, the commission
shall retain exclusive jurisdiction over the performance-based incentive payments,
terms, conditions, rights, enforcement, and implementation of the tariffs and rules,
subject to appeals pursuant to chapter 5 of this title.