RPS Compliance. Historically, Tri-State has assisted its members with their respective state renewable energy standard/renewable portfolio standard (“RPS”) compliance obligation, if the member has such an obligation, including the retirement of RECs in WREGIS associated with such compliance obligation. Tri-State will assist United Power with United Power’s Colorado RPS compliance obligation for the 2023 calendar year, including the retirement of RECs in WREGIS associated with such 2023 RPS compliance obligation, in the same manner that it assists Tri-State’s other members and in accordance with Tri-State’s Board Policy 117. Tri-State will provide United Power the information consistent with what Tri-State has provided United Power in the past and in time for United Power to comply with United Power’s June 1, 2024 Colorado RPS compliance reporting requirement for the 2023 calendar year. United Power shall reasonably cooperate with Tri-State for Tri-State to provide such assistance. United Power shall have the sole obligation, without any assistance from Tri-State, for United Power’s compliance with its RPS compliance obligation for the 2024 calendar year and any calendar year thereafter. For clarity, all RECs arising out of the REC Contracts for which United Power has title and ownership pursuant to the REC Contracts, along with any other RECs that United Power owns, are used first to satisfy United Power’s 2023 calendar year RPS compliance, including RECs from prior years. Only if United Power does not have enough RECs, will Tri-State have an obligation to provide any additional Tri-State owned RECs. The final step of the compliance process for United Power’s 2023 calendar year RPS compliance obligation is usually completed in the third quarter of 2024 when Tri-State retires the RECs in WREGIS by moving such RECs into a retirement WREGIS account (“Completion of Compliance”).
RPS Compliance.
(a) CCP represents and warrants that:
(i) the Product and any Replacement Energy purchased by CCP on behalf of the Project Participants consists of Energy and Green Attributes only from Eligible Renewable Energy Resources of the portfolio content set forth in California Public Utilities Code Section 399.16(b)(1);
(ii) the Energy and Green Attributes that are delivered to Project Participants by Project Developer, or delivered to Project Participants by CCP to the extent Project Developer delivers Energy and Green Attributes to CCP, consists only of Energy and Green Attributes that have not yet been generated prior to the commencement of the term of the PPA or the Effective Date of this Agreement;
(iii) the Energy that is delivered to Project Participants by Project Developer, or delivered to Project Participants by CCP to the extent Project Developer delivers Energy to CCP, shall be transferred to each Project Participant in real time; and
(b) If the PPA includes an agreement to dynamically transfer electricity to a California balancing authority, then any transactions implemented under this Agreement are not contrary to any condition imposed by a balancing authority participating in the dynamic transfer arrangement.
RPS Compliance. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC 6].
(b) The term “commercially reasonable efforts” as used in Section 8.6(a) and in Section 8.6(e) means Seller’s compliance with Section 8.6(c) and (d), below. The term “Project” as used in Section 8.6(a) means each Facility included in the Project.
RPS Compliance. Subject to Section 3.3(i), Seller, at its sole cost, shall ensure that the Generating Facility maintains throughout the Term the ERR status under the RPS Program that existed as of the Effective Date. Seller shall cooperate reasonably with Buyer and provide such certifications or attestations to Buyer as are reasonably necessary to verify that all Environmental Attributes attributable to the Energy have been transferred to Buyer, including, but not limited to, performing all actions and requirements necessary to transfer RECs generated from the Generating Facility from Seller to Buyer.
RPS Compliance. To the extent that the RECs Delivered hereunder are used to satisfy any requirements imposed by various government authorities or other entities promulgating standards related to Environmental Attributes and/or REC Reporting Rights, including, without limitation, pursuant to the Applicable Standard, Seller: (i) consents to the disclosure of this Agreement (and any of the terms herein) and any documents provided hereunder to the extent reasonably necessary for Buyer, or Buyer’s customer, to effectuate Delivery hereunder or otherwise comply with applicable standards relating to Environmental Attributes and/or REC Reporting Rights, and (ii) agrees to use commercially reasonable efforts to promptly provide to Buyer any documentation related to such RECs reasonably requested by Buyer in connection with any reports that Buyer, or Buyer’s customer required to make in satisfaction of its requirements relating to Environmental Attributes and/or REC Reporting Rights. Such documentation may include certain affidavits or certifications required by the relevant Government Authority or other entity promulgating standards relating to Environmental Attributes and/or REC Reporting Rights.
RPS Compliance. Subject to Section 8.7, Seller warrants that, when complete, the Facility will be and shall, throughout the Delivery Term, remain RPS Compliant. Subject to Section 8.7, Seller shall assume all risks, costs or expenses associated with, arising from, or resulting from, its obligation to keep the Facility RPS Compliant, including any costs or expenses incurred by Seller and paid directly to any third parties in connection with or related to greenhouse gas emissions reporting, WREGIS, or maintenance of a CEC certification and verification (the “Compliance Costs”). From time to time and at any time requested by Buyer, Seller will furnish to Governmental Authorities, Buyer or any other Person designated by Buyer, all certificates and other documentation reasonably requested by Buyer in order to assist Buyer in qualifying the Facility as RPS Compliant.
RPS Compliance. Seller must ensure the Facility obtains CEC pre-certification prior to the COD, file an application for CEC certification for the Facility within thirty (30) days after the Commercial Operation Date, and maintains such CEC certification during the Delivery Term. Seller shall ensure that the Product qualifies as Portfolio Content Category 1 throughout the Delivery Term. If a change of law occurs after execution of the PPA that impacts Facility’s CEC certification or the Product’s qualification as Portfolio Content Category 1, then Seller shall comply with such change of law as necessary to maintain the Facility CEC certification and Product eligibility described above.
RPS Compliance. Subject to the Compliance Expenditure Cap set forth in Section 3.3(g), (1) before delivery of any Energy hereunder, Seller shall cause:
(A) the Generating Facility to be certified as an ERR by the appropriate entity having jurisdiction for purposes of the RPS legislation; and (B) all Output delivered to Buyer from the Generating Facility to qualify as output of an ERR for purposes of the RPS legislation; (2) Seller shall ensure that the Generating Facility maintains ERR status throughout the Term of this Agreement; and (3) Seller shall cooperate reasonably with Buyer and provide such certifications or attestations to Buyer as are reasonably necessary to verify that all Environmental Attributes attributable to the Energy have been transferred to Buyer.
RPS Compliance. To the extent that the RECs Delivered hereunder are used to satisfy any requirements imposed by various Government Authorities or other entities promulgating standards related to Environmental Attributes and/or EA Reporting Rights, including, without limitation, pursuant to the Applicable Standard, Seller: (i) consents to the disclosure of this Agreement (and any of the terms herein) and any documents provided hereunder to the extent reasonably necessary for Buyer, or Buyer’s customer, to effectuate Delivery hereunder or otherwise comply with applicable standards relating to Environmental Attributes and/or EA [***] and Sunrun Neptune Portfolio 2016-A, LLC [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
RPS Compliance. To the extent that the RECs Delivered hereunder are used to satisfy any requirements imposed by various government authorities or other entities promulgating standards related to Environmental Attributes and/or EA Reporting Rights, including, without limitation, pursuant to the Applicable Standard, Seller: (i) consents to the disclosure of this Agreement (and any of the terms herein) and any documents provided hereunder to the extent reasonably necessary for Buyer, or Buyer’s customer, to effectuate Delivery hereunder or otherwise comply with applicable standards relating to Environmental Attributes and/or EA Reporting Rights, and (ii) agrees to use commercially reasonable efforts to promptly provide to Buyer any documentation related to such RECs reasonably requested by Buyer in connection with any reports that Buyer, or Buyer’s customer required to make in satisfaction of its requirements relating to Environmental Attributes and/or EA Reporting Rights. Such documentation may include certain affidavits or certifications required by the relevant Government Authority or other entity promulgating standards relating to Environmental Attributes and/or EA Reporting Rights. [***] and Sunrun Neptune Portfolio 2016-A, LLC [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
