On August 29, 2024, the Oregon Public Utility Commission (Commission) issued Order No. 24-303 in Docket No. UM 2337 waiving rules related to the state resource adequacy program for regulated entities in Oregon.
In Docket Nos. UM 2143 and AR 660, the Commission adopted rules related to resource adequacy requirements for investor-owned utilities as well as electricity service suppliers (ESSs) that sell power at retail under Oregon’s direct access program. There were several rounds of workshops and comments in UM 2143 and AR 660.
The Commission adopted two ways for these entities to comply with resource adequacy requirements: 1) participation in the Western Resource Adequacy Program (WRAP) or 2) compliance with a state resource adequacy program. The state program was designed to be complementary to WRAP. After the Commission adopted the resource adequacy rules, it was announced the binding phase of WRAP would be delayed until 2027. ESSs and the Northwest & Intermountain Mountain Power Producers Coalition (NIPPC) advocated for alignment of the state resource adequacy program requirements and WRAP. Ultimately, Commission Staff recommended waiver of the rules related to state program compliance orders and penalties associated with non-compliance for the first compliance period. Thus, ESSs participating in the state program will still be required to file Information Filings and Binding Forward Showing filings, but there should be no compliance orders or penalties (subject to certain limitations). NIPPC recommended additional clarifications to Staff’ recommendation, including extending waiver of those rules until WRAP was binding in case of future delays, require Commission Staff to hold workshops and develop a filing template for state program compliance, and clarify when the first Informational Filing is due by.
At the Special Public Meeting held on August 29, 2024, several organizations gave presentations on the state of resource adequacy in the region and investor-owned utilities and ESSs discussed their efforts to date to comply with resource adequacy requirements. The Commission declined to adopt NIPPC’s clarifications but did adopt Staff’s recommendation to waive the rules related to compliance orders and penalties for the first compliance period for ESSs participating in the state resource adequacy program.
Sanger Law, PC represented the Northwest & Intermountain Power Producers Coalition (NIPPC) in this proceeding.
IPPC represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies. NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets.
Disclaimer
These materials are intended to as informational and are not to be considered legal advice or legal opinion, nor do they create a lawyer-client relationship. Information included about previous case results does not assure a similar future result.
