20:10:38:01.  Definitions. Terms defined in SDCL 49-34A-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

 

          (1)  "Conserved energy," the reduction of energy or capacity usage achieved through energy efficiency measures and demand response measures:

 

          (2)  "Demand response," temporary changes in energy use by end use customers from their normal consumption patterns in response to changes in the price of energy over time, in response to periods of high energy use, or in response to incentive payments designed to induce lower energy use at times of high wholesale market prices, high energy use, or when system reliability is jeopardized;

 

          (3)  "Demand response baseline energy use," an estimate of the electricity that would have been consumed in the absence of the implementation of a demand response measure;

 

          (4)  "Demand response impact evaluation," the performance of studies and activities intended to determine demand response reduction;

 

          (5)  "Demand response measure," any measure designed, intended, or used to implement demand response;

 

          (6)  "Demand response reduction," the reduction of electrical consumption achieved during the time a demand response measure was implemented as compared to the demand response baseline energy use;

 

          (7)  "Energy efficiency," the decrease in electricity requirements of specific customers during any selected period with end-use services of such customers held constant;

 

          (8)  "Energy efficiency baseline energy use," the energy consumption estimated to have occurred before the energy efficiency measure was implemented and is representative of normal operations;

 

          (9)  "Energy efficiency impact evaluation," the performance of studies and activities intended to determine the actual savings and other effects from energy efficiency measures;

 

          (10)  "Energy efficiency measure," any measure designed, intended, or used to improve energy efficiency;

 

          (11)  "Location," the county and state where the facility is located;

 

          (12)  "Post-installation energy use," energy consumption that occurs after an energy efficiency measure is implemented;

 

          (13)  "Reported conserved energy savings," the capability of installed energy efficiency and demand response measures to result in conserved energy. Reported conserved energy savings are an estimate of electricity savings from individual projects where engineering or other calculations were submitted with project proposals for specific energy conservation projects or where deemed savings are used.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:02.  Applicability of rules. The provisions of §§ 20:10:38:03 through 20:10:38:06, inclusive, apply only to retail providers who use conserved energy sources to meet the renewable, recycled, and conserved energy objective established by § 49-34A-101. Municipal and cooperative retail providers may aggregate the conserved energy with their wholesale municipal power agency or generation and transmission cooperative suppliers. The retail providers shall follow the requirements in this chapter to determine the amount of conserved energy.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-27, 49-34A-96, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:03.  Measurement and verification of energy efficiency measures. A retail provider of electricity shall use a deemed savings approach or a measured savings approach, as appropriate, to estimate or determine the amount of conserved energy achieved through an energy efficiency measure. The amount of conserved energy achieved through energy efficiency measures shall be validated by the use of an energy efficiency impact evaluation. An energy efficiency impact evaluation shall be performed at appropriate periodic intervals that may be no more frequent than once every three years and shall be consistent with generally accepted industry guidelines for measurement and verification. As necessary, an energy efficiency impact evaluation shall include adjustments to account for factors that are beyond the control of the retail provider of electricity or energy consumer in order to bring baseline energy use and post-installation energy use subject to the same or similar conditions. Adjustments may include weather corrections, occupancy levels and hours, change of building or facility use, and production levels. The retail provider shall provide a general explanation of each energy efficiency impact evaluation or estimate, the rationale for using each energy efficiency impact evaluation or estimate, and the amount of expenditures spent on energy efficiency measures for the calendar year.

 

          If an energy efficiency impact evaluation has not been completed at the time the retail provider's annual report is due, the retail provider may use reported conserved energy savings for the time period the energy efficiency measure was in effect. If the energy efficiency impact evaluation has been completed at the time the retail provider's annual report is due, the retail provider shall report the amount of conserved energy achieved through energy efficiency measures as found in the evaluation.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:04.  Deemed savings approach. A deemed savings approach uses pre-determined, validated estimates of energy savings attributable to a particular energy efficiency measure based upon engineering calculations, baseline studies, or reasonable assumptions. A retail provider of electricity may use a deemed savings approach for projects that involve simple energy efficiency measures with documented per-measure values.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:05.  Measured savings approaches. A measured savings approach shall be based on one or more of the following methods:

 

          (1)  The use of direct metering and monitoring to measure baseline energy use and post-installation energy use;

 

          (2)  The use of engineering methods that use standard formulas and assumptions to calculate the energy use of baseline and post-installation energy systems;

 

          (3)  The use of statistical analyses to estimate baseline energy use and post-installation energy use; or

 

          (4)  The use of computer models to predict the change in energy use after energy efficiency measures are implemented.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:06.  Measurement and verification of demand response measures. A retail provider of electricity shall use metering data collection and analyses, statistical estimations, engineering analyses, or a combination of these methods to estimate or determine the amount of conserved energy achieved through a demand response measure. The amount of conserved energy achieved through demand response measures shall be validated by the use of a demand response impact evaluation. A demand response impact evaluation shall be performed at appropriate periodic intervals consistent with generally accepted industry guidelines for measurement and verification. The retail provider shall provide a general explanation of each demand response impact evaluation or estimate, the rationale for using each demand response impact evaluation or estimate, and the amount of expenditures spent on demand response measures for the calendar year.

 

          If a demand response impact evaluation has not been completed at the time the retail provider's annual report is due, the retail provider may use reported conserved energy savings for the time period the demand response measure was in effect. If the demand response impact evaluation has been completed at the time the retail provider's annual report is due, the retail provider shall report the amount of conserved energy achieved through demand response measures as found in the evaluation.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-101.

          Law Implemented: SDCL 49-34A-96, 49-34A-101, 49-34A-102, 49-34A-105, 49-34A-106.

 

          20:10:38:07.  Renewable energy credit requirements. A provider of electricity that generates electricity from renewable electricity or recycled energy and that retires renewable energy credits to meet the renewable, recycled, and conserved energy objective shall provide to the commission:

 

          (1)  The amount of renewable energy credits that the provider retired, the amount of renewable energy credits that the provider retired to meet South Dakota's renewable energy objective, the tracking system the renewable energy credits were retired under, and the name and location of each facility that produced the retired renewable energy credits; and

 

          (2)  The amount of renewable energy credits that the provider retired to meet a renewable energy objective or renewable energy standard in each of the other states it provides electricity services, and the name and location of each facility that produced the retired renewable energy credits.

 

          The information shall be provided for the preceding calendar year by July first.

 

          Source: 38 SDR 116, effective January 10, 2012.

          General Authority: SDCL 49-34A-4(2), 49-34A-27, 49-34A-96.

          Law Implemented: SDCL 49-34A-27, 49-34A-94, 49-34A-95, 49-34A-96, 49-34A-101, 49-34A-102.