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Renewable Portfolio Standard ("RPS")
R. 18-07-003
November 19, 2021

The Commission Approved the Proposed Decision Modifying RPS Confidentiality Rules

Decision 21-11-029 shortens the confidentiality period for both past energy and capacity forecast data and contract prices and terms regardless of whether Commission approval is necessary. The Decision also requires retail seller to make unbundled renewable energy credits publicly available after under certain instances.

The Decision adopts a revised confidentiality matrix for Renewables Portfolio Standard (“RPS”) procurement records that allows the following:
  • RPS load forecast data will be confidential for two future years and the current year or the year of filing.
  • For contracts requiring Commission approval, RPS procurement price and contract terms become public 30 days after the commercial operation date/energy delivery start date or eighteen months from the date of Commission approval, whichever comes first.
  • For contracts that do not require Commission approval, contract price and contract terms shall be public 30 days after the commercial operation date/energy delivery start date or eighteen months after the contract execution date, whichever comes first.
  • Unbundled Renewable Energy Credits ("RECs") procured by retail sellers shall be publicly available 30 days after the deliveries of RECs commence under the contract or one year after the contract execution or whichever comes first.
  • Aggregated bid information from an Investor-Owned Utility's competitive RPS solicitation will be public after the CPUC approves the final contract in the procurement solicitation when there are at least three bidders in the resource category.
  • Individual bid or bidder information may be kept confidential for two years after the CPUC approves the final contract in the related RPS solicitation.
  • If a contract is amended, this shall not modify the confidentiality requirements that apply to prior versions of the agreement, including the time frame for public information. The amended contract will be public the later of: (i) 30 days after the new contract execution date or (II) the date when the original contract becomes public.
Update Links
Decision 21-11-029D. 21-11-029 (Attachment 2)
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