N.H. and Mass. Generator Facilities Qualify for Maine Renewable Portfolio Standard, Says Maine PUC

In a pair of decisions issued September 1, 2009, the Maine PUC ruled that out-of-state generation facilities may be counted toward Maine’s renewable portfolio standard.

Chapter 311 of the PUC’s rules permits the Commission to certify generating facilities as eligible to satisfy Maine’s new renewable resource portfolio requirements.  Pursuant to that rule, the PUC certified the University of New Hampshire’s 7.9-MW combined heat and power plant, which is located in Durham, N.H. (Docket No. 2009-184).  The PUC also certified Richey Properties’ 600-kW wind turbine generator, located in Newburyport, Mass. (Docket No. 2009-197). 

For the PUC, the two requests “raise[d] the issue of whether behind-the-meter generation that is located outside of Maine (and therefore does not service Maine customers) is eligible to be used to satisfy Maine’s portfolio requirement.”  The PUC approved the requests, concluding that the facilities serve the needs of Maine customers that would otherwise be served by the New England market.  Therefore, the impact is the same as if the facilities sold energy into and purchased from the New England market.

UNH’s cogeneration plant has burned 89% landfill gas and 11% natural gas and diesel oil since May 2009.  Landfill gas is an eligible fuel under Maine’s renewable portfolio law.  Although the plant is a dual-fuel facility that uses natural gas and diesel, which are ineligible, the PUC explained that the statute does not exclude dual-fuel facilities and that such facilities are consistent with the standards because the “primary fuel is eligible.”  The order did not define “primary fuel” for these purposes.

Energy that Richey’s wind turbine generates is either used by Mark Richey Woodworking in its business operations in Newburyport or sold to National Grid’s Massachusetts Electric Co.  The turbine has been in operation since February 2009.