Purchased Power Agreement Providers

2019 Acts of Assembly - Chapter 763: An Act, among other things, to modify requirements for net energy metering by electric cooperatives and to establish a registry for providers of partial requirements via power purchase agreements to certain customers of electric cooperatives.

Summary of legislation:

Directs the State Corporation Commission (SCC) to consider revisions to the Net Energy Metering Rules to reflect statutory changes enacted by Chapter 763 of the 2019 Acts of Assembly, which amended § 56-594 of the Code and added new §§ 56-585.4 and 56-594.01 to (1) introduce new caps on participation in net metering by customers of electric cooperatives; (2) authorize electric cooperatives to vote to increase these caps up to a cumulative total of seven percent of their system peak; (3) permit third-party partial requirements power purchase agreements for those retail customers and non-jurisdictional customers of an electric cooperative that are exempt from federal income taxation; and (4) establish registration requirements for third-party partial requirements power purchase agreements ("PPAs"), including a self-certification system whereby such providers would be added to a registry maintained by the Commission's Division of Public Utility Regulation.

To be registered, a third-party purchased power agreement provider must register with the State Corporation Commission's Division of Public Utility Regulation.

Pursuant to 20 VAC 5-315-77 H, the Commission has determined that financial assurance is required for providers. Applicants must include evidence of assurance as required by 20 VAC 5-315-77 H. In lieu of evidence of minimum capitalization, a bond or other surety (in the form of an irrevocable letter of credit or parental guaranty) in the amount of $50,000 may be substituted. Evidence of minimum capitalization, or bond or other surety shall be submitted to the Division of Public Utility Regulation with the completed form PPAR.

Mail the completed form PPAR, the required financial assurance, along with the nonrefundable application fee of $250 per registration payable to the State Corporation Commission to the following address:

Director, Public Utility Regulation
Virginia State Corporation Commission
P.O. Box 1197
Richmond, VA 23218

Questions about the registration process may be addressed to the Commission's Division of Public Utility Regulation at (804) 371-9611.