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Establishing Eligibility to ParticipateProvisional Certification Provisional Certification affirms that a facility, on the basis of information known at the time of application, can meet the RPS Program’s Main Tier eligibility criteria and thus can participate in a program procurement administered by NYSERDA. A facility must be provisionally certified to be considered for an RPS Program contract award. In their application for Provisional Certification to NYSERDA, prospective participants must include data pertaining to facility and fuel characteristics, as appropriate to the resource, in sufficient detail to enable an evaluation regarding eligibility. For prospective participants considering use of biomass in a co-firing application or considering establishing eligibility for hydro facility upgrades/up-rating, the application for provisional certification will also include data necessary to establish the quantity of electric energy production at such facilities that will be eligible for the RPS program. Facilities wishing to participate in an upcoming RPS procurement (RFP 1168) must apply for Provisional Certification by completing the application process. This application process will provide guidance on eligible generation types and fuels based on the applicable Public Service Commission (PSC) orders. The application process will result in a form to be printed, signed by an authorized agent of the prospective participant, notarized, and mailed to NYSERDA. NYSERDA may request additional information from a prospective facility at any time during the process of Provisional Certification. If after beginning the application process, the Participant is unclear on whether its facility will meet eligibility requirements, an Advisory Opinion may be requested (see Advisory Opinion). After reviewing the application for Provisional Certification, NYSERDA will forward its analysis and recommendations to the Director, Office of Energy Efficiency and the Environment (OEEE) at the PSC, who will make a determination regarding Provisional Certification. The OEEE Director will directly notify the project sponsor and NYSERDA of its determination. Operational Certification After Provisional Certification has been granted, a facility may participate in the next RPS procurement. Any facility awarded a contract under an RPS Program procurement must obtain Operational Certification before payments will be made. Upon verification by NYSERDA that the facility has been constructed and/or will operate in accordance with its Provisional Certification, or otherwise comply with the generation type and fuel source eligibility requirements for the Main Tier Eligible Electric Generation Sources, and that all necessary permits and/or approvals have been acquired, NYSERDA will submit a recommendation to the OEEE Director whether or not Operational Certification should be granted. Such verification may be based on document audits, site visits, and/or attestations. The OEEE Director will grant or deny Operational Certification, if practicable, within 30 days of commencement of the review. If Operational Certification is denied, then the project sponsor will be advised of the basis for the denial and may submit a subsequent request for Operational Certification once the identified problems are corrected. RPS Program support payments will not be made until Operational Certification is obtained. NYSERDA will remain entitled, for the duration of its RPS Program contracts, to seek such information from contracting parties and to perform such investigations as may be required to allow confirmation that the facilities continue to operate in accordance with Provisional/Operational Certification and the generation type and fuel source eligibility requirements for the Main Tier Eligible Electric Generation Sources. Advisory Opinions with regard to the eligibility of a facility or fuel use proposal may be requested at any time. Prospective participants in the RPS Program are strongly encouraged to follow the Provisional Certification application process before making a determination that an Advisory Opinion is necessary. The process is meant to provide guidance on eligible generation types and fuels based on the PSC Orders. Receipt of a favorable Advisory Opinion does not convey Provisional Certification – the participant will still have to complete the Provisional Certification application process. A request for an advisory opinion must be submitted to NYSERDA with sufficient data to allow a full evaluation of eligibility, and additional information may be required. Please include the facility name, address, System Operator ID #, nameplate capacity, and capacity factor (if available). NYSERDA will then forward the request, with an analysis, to the OEEE Director for review. The OEEE Director will provide an Advisory Opinion on eligibility to the requesting party and NYSERDA within 30 days of the date on which the application is deemed complete. All requests for Advisory Opinion should be mailed to: NYSERDA RPS Program Disclaimer: The RPS program was designed to evolve as the implementing authorities gain experience with the program and perform a mandated review in 2009. Guidance provided at this time and any time during the program implementation will apply to the current procurement and may change with successive procurements. Prospective participants are advised to review applicable guidance provided with the announcement of each successive RPS procurement or auction. |
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