We believe there is a gap in…

We believe there is a gap in current legislation for Cogeneration facilities in which Methodology C cannot be applied unless the facility also qualifies for either Methods D or E. This forces cogeneration facilities not covered under Method D or E to not receive emission credits for the production of useful energy. This is due to the wording in Method C section (b) which states, “The Owner or operator of a facility described in subsection (a) may not use formula 3.1.3-1 to calculate the AAELc, if any of paragraphs (1)-(4) apply:” “(4) The owner or operator has not included any useful thermal energy in the TETy used in any applicable Formula under another Method” By adding the additional “not” in section (4), this requires you to have used the useful energy in another AAEL calculation, which would then create a sort of double dipping when combined with AAELc. We believe the original intent was to have (4) state “The owner or operator has included any useful thermal energy in the TETy used in an applicable Formula under another method.”

Thank you.