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KMT RPS Aff

KMT RPS Aff

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Published by: AffNeg.Com on Jan 08, 2009
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10/16/2011

PLAN IS ENFORCED THROUGH CIVIL PENALTIES
FERSHEE
, asst prof of law @ University of North Dakota School of Law, 2008[Joshua P., “Changing
Resources, Changing Market: The Impact of a National Renewable Portfolio Standard on the U.S. Energy
Industry”, 29 Energy L.J. 49, lexis/ttate]
[*71] For covered utilities that fail to meet the RPS requirements, the enforcement provisions of the Proposed RPS
would require additional review and possible adjudication. The Proposed RPS provides that a retail electric
supplier that does not comply with the RPS requirements "shall be liable for the payment of a civil penalty," n170
meaning that the Department of Energy would need to review filings from, and assess penalties upon, those failing
to report compliance with the national RPS. n171 This enforcement, while adding an additional administrative
burden, is necessary for an effective RPS. State RPS programs with ineffective or under-enforced penalties have
been less effective than those with strong enforcement policies. n172 In Arizona, for instance, the "lack of
enforcement and non-compliance penalties has resulted in significant under-compliance with the [renewable
energy] standards." n173

171

SDI 2008

KMT Lab

RPS - Aff

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