Section R14-2-1815. Enforcement and Penalties

A.      If an Affected Utility fails to meet the annual requirements set forth in R14-2-1804 and R14-2-1805, it shall include with its annual compliance report a notice of noncompliance.

B.       The notice of noncompliance shall provide the following information:

1.        A computation of the difference between the Renewable Energy Credits required by R14-2-1804 and R14-2-1805 and the amount actually obtained,

2.        A plan describing how the Affected Utility intends to meet the shortfall from the previous calendar year in the current calendar year, and

3.        An estimate of the costs of meeting the shortfall.

C.      If the Commission finds after affording an Affected Utility notice and an opportunity to be heard that the Affected Utility has failed to comply with its implementation plan approved by the Commission as set forth in R14-2-1813, the Commission

may find that the Affected Utility shall not recover the costs of meeting the shortfall described in R14-2-1815(B) in rates.

D.      Nothing herein is intended to limit the actions the Commission may take or the penalties the Commission may impose pursu- ant to Arizona Revised Statutes, Chapter 2, Article 9. An Affected Utility is entitled to notice and an opportunity to be heard prior to Commission action or imposition of penalties.

Historical Note

New Section made by final rulemaking at 13 A.A.R.

2389, effective August 14, 2007 (Supp. 07-2).