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PUCO Denies Carbon Solutions Group Appeal In Dispute Over Whether An Out-Of-State Resource Can Qualify: Carbon Solutions Group Files With Supreme Court
Application by Avangrid Renewables for Ohio REC qualification of its Elm Creek II Wind Energy Facility, which feeds directly into the Northern States Power (NSP) transmission substation. NSP owns a meter in the substation that reads the generation and consumption of the wind facility. The meter is read daily and shared via MV90 to MISO for billing. MISO reports the generation data directly to M-RETS.
As background, this case a dispute over whether an out-of-state resource can qualify to meet RPS/REC obligations.
As background, an environmental advisory firm, Carbon Solutions Group, has objected to the certification on the grounds that “When Ohio electric utilities purchase RECs to meet their RPS requirements, the utilities support the facilities from which those RECs originated. RECs purchased from facilities located in Ohio directly support Ohio’s renewable energy economy. RECs purchased from out-of-state facilities benefit Ohioans if—and only if—the electricity generated by these facilities is ‘deliverable into this state.’ Absent unique circumstances, any generation within PJM is generally deliverable anywhere else within PJM. None of the facilities described in the REN Applications are located within PJM. And none disclose any information about deliverability of the output of these facilities into Ohio. Regardless of whether electricity from these facilities is ‘deliverable’ into PJM through physical interconnections with Midwest Interconnection (MISO), there is no indication that these facilities have or intend to deliver electricity into Ohio. Whether electricity could be physically delivered to Ohio does not answer the question of whether electricity will be delivered into Ohio. Hypothetical deliverability is not a substitute for actual deliverability within the meaning” of state law.
Second Order Denying Rehearing (02/21/2021)
Supreme Court Transmittal Papers (02/16/2024)
Notice of Appeal (01/08/2024)
Application for Rehearing and Memorandum in Support of Carbon Solution Group (10/20/2023)
21-0531-EL-REN (05/03/2021)
