Announcements


W&S-69: Related to Section 5.1(b) and specifically the reference to “the Project is not a generating units whose costs are being recovered in rates”: is there flexibility on the Seller being required to represent that it is not such a project and potentially lose its collateral requirement if found in breach of this requirement?

This is a legal requirement from Public Act 099-0906, which states: “renewable energy credits shall not be eligible to be counted toward the renewable energy requirements […] if they are sourced from a generating unit whose costs were being recovered through rates regulated by this State or any other state or states on or after January 1, 2017. Each contract executed to purchase renewable energy credits under this subsection (c) shall provide for the contract’s termination if the costs of the generating unit supplying the renewable energy credits subsequently begin to be recovered through rates regulated by this State or any other state or states; and each contract shall further provide that, in that event, the supplier of the credits must return 110% of all payments received under the contract.”