Compliance

CES compliance is how New York State ensures that load serving entities (LSEs) are meeting their regulatory obligations under the Clean Energy Standard to purchase renewable energy certificates (RECs) and zero-emission credits (ZECs). Through the compliance process in New York Generation Attribute Tracking System (NYGATS), LSEs can reconcile their obligations with the RECs or ZECs they have purchased. Compliance processes for Tier 1 RECs and ZECs are similar, though they are on different timelines that correspond to the distinct Tier 1 REC and ZEC compliance years.

LSEs will use NYGATS to purchase Tier 1 RECs from NYSERDA, review subaccounts, accept and conduct transfers from other NYGATS accounts, transfer certificates to the appropriate subaccounts, and report on their compliance to the New York Department of Public Service (DPS).

Additionally, data in NYGATS is delayed by five months due to a lag in NYISO’s reporting process.

For more detailed information and instructions on the compliance process, please review LSE CES Compliance Guidance:

LSE CES Compliance Guidance [PDF]

RES Compliance

NYGATS provides LSEs with the Preliminary RES Compliance Report showing the status of their Tier 1 REC compliance to date. This summary provides the latest load information (with a 5-month lag), the estimated RES obligations, and the number of Tier 1 RECs in the LSE’s subaccounts: active, banked, and Environmental Disclosure Program (EDP), where RECs must be transferred to meet compliance. LSEs have until June 30 at 11:59 p.m. to acquire or transfer additional Tier 1 RECs for the previous compliance year, and any such changes and adjustments will be reflected in the Preliminary RES Compliance Report. If an LSE does not have sufficient Tier 1 RECs in its EDP subaccount, NYSERDA will invoice an LSE for the amount of alternative compliance payments (ACPs) needed to meet the LSE’s obligation. NYSERDA will update the LSE’s RES Compliance Report after processing ACP payments.

NYSERDA will notify LSEs when final load data is available for the previous compliance year. At that point, LSEs are instructed to review their Preliminary RES Compliance Reports to ensure the information reflected is accurate and to make any adjustments necessary to comply with their RES obligation. LSEs must sign off on Final RES Compliance Reports using NYGATS by August 31. Final Compliance Reports will be submitted to DPS, and any LSEs who do not meet all compliance obligations in NYGATS by that date will be contacted by DPS.

Timeline

Tier 2 Compliance

NYGATS also provides LSEs with a summary of Tier 2 REC obligations which shows the latest information on load for the compliance year, LSEs’ Tier 2 REC obligation, and the balance of Tier 2 RECs still needed to compliant.

Once NYISO data is available for the compliance year, NYSERDA will notify LSEs, which must then review and accept the LSE Tier 2 REC compliance filing in NYGATS.

Timeline

ZEC Compliance

NYGATS also provides LSEs with a summary of ZEC obligations which shows the latest information on load for the compliance year, the preliminary ZEC Rate and the Preliminary ZEC Charges. During the ZEC Reconciliation, the summary will be updated with the Final Load Served by the LSE during the compliance year, Final ZEC Rate, the Final ZEC Charges and the Yearly Reconciliation amount.

Timeline

Learn More

Visit NYSERDA’s NYGATS information page to learn more about using NYGATS.

Email [email protected] with questions regarding CES compliance.