{"data":{"id":"us-nj/n.j.-stat.-48-9a-12","jurisdiction":"us-nj","citation":"N.J. Stat. § 48:9A-12","heading":"Reliable Capacity Certificate program.","body":"7.\ta.  No later than 18 months after first issuing a board order memorializing qualified project terms pursuant to section 6 of this act, the board shall establish, by adopting rules and regulations, a Reliable Capacity Certificate program to require that a proportional number of the megawatt hours sold in this State by each electric power supplier and each basic generation service provider be from nuclear energy generated by qualified projects.  The RCC program shall be designed to support at least 1,100 megawatts of capacity, as defined in the PJM Open Access Transmission Tariff, from qualified projects.  Each obligated entity’s required nuclear energy share shall correspond to the projected RCC output of each designated qualified project, over a term of not more than 40 years as approved by the board, commencing on the commercial operation date of the qualified project.  The 1,100 megawatt figure stated in this subsection shall constitute a program design parameter and shall not constitute a commitment by the State to procure any specific quantity of generation.  The State shall procure generation only from qualified projects approved by the board and on the terms set forth in a final board order issued pursuant to section 6 of this act.\nb.  (1) A qualified project shall earn one RCC for each megawatt-hour of electricity it generates.  If a qualified project executes an agreement to sell more than one percent of its total generation to any single co-located energy user or through a direct power purchase agreement with an end user, the megawatt-hours sold pursuant to  the agreement shall not be eligible for RCC credit.\n(2) Each calendar year beginning with the qualified project’s commercial operation date and continuing through the expiration of the RCC term, a qualified project shall report to the board its aggregate output.  For any calendar year in which the aggregate output falls below the baseline threshold established by the board pursuant to paragraph (5) of subsection a. of section 6 of this act, due to an agreement with a co-located energy user or direct power purchase agreement, the quantity of megawatt-hours generated by the qualified project that are eligible to receive RCCs in that calendar year shall be reduced by the corresponding shortfall.\nc.  Each electric power supplier and basic generation service provider shall satisfy its RCC program obligation through the purchase of RCCs at the price and over the compliance period required by the board’s order designating a qualified project.\nd. (1) Revenues earned by a qualified project from sales of energy, capacity, or ancillary services in PJM during the RCC program term shall be returned to the electric power supplier or basic generation service provider, as appropriate, no later than 60 days from the receipt of such revenues and the electric power supplier or basic generation service provider shall have no more than 90 days to return those revenues to New Jersey ratepayers as set forth in a final board order issued pursuant to section 6 of this act.\n(2) A share of revenues, as agreed between the authority, the board, and the qualified project, derived from a direct power purchase agreement with an end user that neither contributed to construction financing, nor was addressed in the final board order, shall be returned to the electric power supplier or basic generation service provider, as appropriate, no later than 60 days from the receipt of such revenues and the electric power supplier or basic generation service provider shall have no more than 90 days to return those revenues to ratepayers.\ne.  A qualified project shall not be eligible to receive an RCC for a megawatt hour of electricity generation if the qualified project also receives a zero-emission certificate pursuant to section 3 of P.L.2018, c.16 (C.48:3-87.5) for that megawatt hour of electricity generation.\nL.2026, c.42, s.7.","path":["TITLE 48 PUBLIC UTILITIES"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2026, c.50, and J.R.1","vintage":"","retrieved_at":"2026-10-18T02:17:40Z","sha256":"0fe17d5a4ad5bee6e4ce345c328e71b3469a3a4e1cbcbe69ac9965bcf23c9245","source_id":"us-nj","stale":false,"prev":"us-nj/n.j.-stat.-48-9a-11","next":"us-nj/n.j.-stat.-48-9a-13"},"notice":"GroundRules: Original legal text. Not legal advice."}