Commerce publishes proposed rules, schedules public hearing
On March 23, 2022, the Washington State Department of Commerce filed proposed rules to implement key provisions in Washington’s 100% clean electricity law, the Clean Energy Transformation Act (Ch. 19.405 RCW, 2019).
The proposed rules were developed after stakeholder discussions starting in the fall of 2019. Commerce convened six stakeholder workshops and numerous public comment opportunities since June 2021 on the specific rules proposed in this filing.
The proposed rules:
- Clarify the requirement in RCW 19.405.040 that a utility use renewable or non-emitting electricity in an amount equal to 100% of the utility’s retail electric load by 2030.
- Clarify the requirement in RCW 19.405.050 that a utility supply 100% of all sales of electricity to Washington retail electric customers using electricity from renewable or non-emitting sources.
- Establish specification, verification, and reporting requirements for (i) wholesale market purchases and (ii) the prohibition of double counting of non-power attributes under RCW 19.405.040.
- Clarify the treatment of storage resources under CETA.
Commerce’s rules apply to public utility districts, municipal electric utilities and electric cooperatives. The Utilities and Transportation Commission (UTC) regulates investor-owned utilities and is proposing rules in parallel with the Commerce action. Information on the UTC process is available on its website under Docket 210183.
Commerce worked closely with the UTC in interpreting CETA through rules. Both agencies sought to publish rules consistent with one another.