2011 ORS § 757.524¹
Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers
  • modification
  • rules

(1) Unless modified by rule by the Public Utility Commission as provided in this section, the greenhouse gas emissions standard that applies to electric companies and electricity service suppliers is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility.

(2) Unless modified pursuant to subsection (4) of this section, the greenhouse gas emissions standard applies only to carbon dioxide emissions.

(3) For purposes of applying the emissions standard to cogeneration facilities, the commission shall establish an output-based methodology to ensure that the calculation of emissions of greenhouse gases for cogeneration facilities recognizes the total usable energy output of the process and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy.

(4) The commission shall review the greenhouse gas emissions standard established under this section no more than once every three years. After public notice and hearing, and consultation with the State Department of Energy, the commission may:

(a) Modify the emissions standard to include other greenhouse gases as defined in ORS 468A.210 (Definitions for ORS 352.247 and 468A.200 to 468A.260), with the other greenhouse gases expressed as their carbon dioxide equivalent; and

(b) Modify the emissions standard based upon current information on the rate of greenhouse gas emissions from a commercially available combined-cycle natural gas generating facility that:

(A) Employs a combination of one or more gas turbines and one or more steam turbines and produces electricity in the steam turbines from waste heat produced by the gas turbines;

(B) Has a heat rate at high elevation within the boundaries of the Western Electricity Coordinating Council; and

(C) Has a heat rate at ambient temperatures when operating during the hottest day of the year.

(5) In modifying the greenhouse gas emissions standard, the commission shall:

(a) Use an output-based methodology to ensure that the calculation of greenhouse gas emissions through cogeneration recognizes the total usable energy output of the process and includes all greenhouse gases emitted by the generating facility in the production of both electrical and thermal energy; and

(b) Consider the effects of the emissions standard on system reliability and overall costs to electricity consumers.

(6) If upon a review conducted pursuant to subsection (4) of this section, the commission determines that a mandatory greenhouse gas emissions limit has been established pursuant to state or federal law, the commission shall issue a report to the appropriate legislative committees of the Legislative Assembly stating which portions, if any, of the greenhouse gas emissions standard are no longer necessary as a matter of state law.

(7) Modifications to the emissions standard made pursuant to this section do not apply to long-term financial commitments entered into prior to the time of such modification. A long-term financial commitment begins upon execution of a contract for the acquisition of baseload electricity or upon construction of a generating facility. [2009 c.751 §2]

Note: See note under 757.522 (Definitions).