Information on this page addresses new 33% RPS compliance and reporting matters (top of page) and provides access to past RPS compliance reports (bottom of page).
33% RPS Compliance Reporting
In Decision (D.) 12-06-038, the Commission implemented new compliance rules for the 33% RPS program established by (Senate Bill 2 (1X), Simitian, 2011). Pursuant to D.12-06-038, each California retail sellers submitted a Provisional 20% RPS Closing Report to report its percentage of RPS procurement made in 2010 and the net surplus or deficit procurement amount for all RPS compliance years prior to 2011. Retail sellers will submit final 20% RPS Closing Reports after the California Energy Commission verifies RPS procurement claims for compliance years 2008-2010.
PRELIMINARY ANNUAL 33% RPS COMPLIANCE REPORT
Preliminary Annual 33% RPS Compliance - Small IOU
Preliminary Annual 33% RPS Compliance Report - IOU, ESP, CCA
Preliminary Annual 33% RPS Compliance - MJU
Provisional 20% RPS Closing Reports
Download the Provisional 20% RPS Closing Reports
Templates for the Provisional 20% RPS Closing Report
Provisional 20% RPS Closing Report - Small
Provisional 20% RPS Closing Report - IOU
Provisional 20% RPS Closing Report - ESP
Provisional 20% RPS Closing Report - MJU
Unlocked Closing Report Templates
March 2012 RPS Procurement Progress Reports (Submitted March 1, 2012)
Download the March 2012 RPS Procurement Progress Reports
March 2012_RPS_Procurement_Progress_Report_template
Past RPS Compliance Documents and Resources
Archive of 20% Compliance Reports
August 2011 Compliance Filings
Download the August 2011 Compliance Filings
March 2011 Compliance Filings
Download the March 2011 Compliance Filings
August 2010 Compliance Filings
Download the August 2010 Compliance Filings
March 2010 Compliance Filings
Download the March 2010 Compliance Filings
Summary of RPS Rules and Procedures under the 20% RPS Program
RPS Requirements and Flexible Compliance
Load serving entities (LSEs) must increase renewable procurement by at least 1% of their retail sales annually, until they reach 20% by 2010. Pursuant to the RPS legislation, the CPUC implemented flexible compliance rules that allow LSEs to bank excess renewable energy and defer deficits in any year for up to three years when using an allowable excuse. LSEs were allowed to defer, without reason, their entire target for their first year of compliance for up to three years. For the large Investor Owned Utilities (IOUs), that first year was 2004, for electric service providers (ESPs), it was 2006.
More information on flexible compliance can be found in Appendix A of D.06-10-050, which adopted the reporting and compliance methodology for the RPS program. D.08-02-008 clarified that flexible compliance applies to all years, pursuant to SB 107.
Compliance Determinations
The CPUC is in charge of setting RPS targets and determining compliance with those targets. The California Energy Commission (CEC) is in charge of verifying the amount of renewable energy procured and that RPS procurement exclusively serves California's RPS (i.e., no double counting of RPS generation).
The CPUC is able to make a compliance determination only after the CEC issues a Verification Report verifying renewable energy claims. Thirty days after the CEC issues its Verification Report, LSEs are required to file a compliance report based on the verified data with the CPUC. The verified compliance reports are subject to comments and motions for evidentiary hearing. If LSEs are in compliance and their reports are not disputed, Commission action is not likely to be necessary. If a report shows an LSE with a deficit, Commission action may be needed if the LSE disputes the deficit. See the November 20, 2008 ruling on RPS compliance report process issues for more information.
Penalties
LSEs with deficits may be subject to penalties which are set at 5 cents/kWh, up to $25 million per year per LSE. To date, the CPUC has not issued any penalties for non-compliance because it has not made a determination finding that any LSE is out of compliance.