Section 455.150  Other Commission Proceedings

a)         After receipt of an annual report required by Section 455.120 or the due date for these reports, whichever occurs first, the Commission may initiate, on its own motion or, in its discretion, upon the petition of an interested party, and for each RES, a docketed proceeding to investigate whether the RES or utility has complied with the requirements of Section 16-115D of the Act and this Subpart, to determine the amount by which alternative compliance payments have been insufficient or in excess of requirements, and, if applicable, to determine if the demonstrations described in Section 455.140(d)(3) have been made. Pursuant to Section 16-115D(f) of the Act, the RES shall have the burden of proof in this proceeding.

b)         An RES may petition the Commission for permission to apply to the Illinois Power Agency for a refund of compliance payments for a compliance period ending on or before May 31, 2016, recognized by the Commission to be in excess of requirements. The Commission will coordinate with the Illinois Power Agency in developing a process and procedure to implement this subsection (b).

c)         An RES may petition the Commission for permission to apply to an electric utility for a refund of compliance payments for a compliance period ending on May 31, 2017, May 31, 2018, or May 31, 2019 recognized by the Commission to be in excess of requirements.  The RES shall serve notice of the petition upon the electric utility. After notice and hearing, the Commission shall issue an order granting or denying the petition, and the order shall be served on the RES and electric utility. No later than 60 days after the date on which the Commission issues an order granting the RES' petition for a refund, the electric utility shall issue a refund or provide a credit to the RES.  The electric utility shall deduct the amount of the refund or credit from the compliance payments remitted to the electric utility pursuant to Section 455.130. Electric utilities may file tariff sheets to further define the process of RES applying for and receiving the refunds. 

(Source:  Amended at 41 Ill. Reg. 13580, effective October 26, 2017)