Colorado § 40-43-104 - Resource adequacy annual report - statewide resource adequacy aggregate annual report - categories of information in the resource adequacy annual report - termination of reporting requirement.

§ 40-43-104. Resource adequacy annual report - statewide resource adequacy aggregate annual report - categories of information in the resource adequacy annual report - termination of reporting requirement.

(1) (a) On or before April 1, 2024, and on or before April 1 of each year thereafter, except as provided in subsection (2) or (4) of this section, each load-serving entity in the state shall provide the applicable regulatory oversight entity a resource adequacy annual report in which the load-serving entity identifies the generating resources and accredited capacity used to serve its customers. A load-serving entity may designate its wholesale electric supplier as an authorized agent to provide the resource adequacy annual reports on behalf of the load-serving entity, and if so designated by the load-serving entity, the wholesale electric supplier shall be solely responsible for the preparation and submission of the resource adequacy annual reports on behalf of the load-serving entity.

(b) On or before April 30, 2024, and on or before April 30 of each year thereafter, each regulatory oversight entity shall submit the resource adequacy annual reports received from load-serving entities pursuant to subsection (1)(a) of this section to the Colorado energy office.

(c) On or before July 1, 2024, and on or before July 1 of each year thereafter, the Colorado energy office shall aggregate the resource adequacy annual reports received from regulatory oversight entities pursuant to subsection (1)(b) of this section to create and make publicly available a statewide resource adequacy aggregate annual report.

(2) If a load-serving entity has a wholesale power arrangement with a public utility, cooperative electric association, joint action agency established pursuant to law, or political subdivision that itself demonstrates resource adequacy through a resource planning process before the applicable regulatory oversight entity, the public utility's, cooperative electric association's, joint action agency's, or political subdivision's resource adequacy annual report provided to the applicable regulatory oversight entity covers the load-serving entity for any load covered by the demonstration of resource adequacy by the public utility, cooperative electric association, joint action agency, or political subdivision.

(3) A resource adequacy annual report must be made publicly available on the load-serving entity's website using a common uniform resource locator convention, as determined by the Colorado energy office, and include the following categories of information for each year in the resource adequacy reporting period:

(a) A native load forecast;

(b) Nameplate capacity and accredited capacity by individual resource, including renewable energy resources and storage;

(c) Identification of any accredited capacity attributable to distributed generation resources, including energy storage;

(d) Identification of any demand response that the load-serving entity relied upon for resource planning purposes or uses to reduce peak load;

(e) Identification of the target planning reserve margin;

(f) Identification of the forecasted planning reserve margin;

(g) Identification of the total accredited capacity and any formulas or assumptions used to calculate the accredited capacity; and

(h) Identification of any excess capacity or resource needs and of plans to mitigate forecasted shortfalls prior to experiencing peak load supply conditions that were forecasted in calculating the planning reserve margin.

(4) For each load-serving entity participating in an organized wholesale market, as defined in section 40-5-108 (1)(a), or a voluntary regional resource adequacy reporting program, the load-serving entity's obligation to provide resource adequacy annual reports, including any obligation of another load-serving entity to provide resource adequacy annual reports if the load-serving entity has been providing resource adequacy annual reports on the other load-serving entity's behalf pursuant to subsection (1)(a) of this section, terminates on the date that the load-serving entity begins participating in an organized wholesale market or in the year following the load-serving entity's submission of a compliance report required by a voluntary regional resource adequacy reporting program.

Source: L. 2023: Entire article added, (HB 23-1039), ch. 111, p. 398, § 1, effective August 7.