CI-2009 EAc4: Green Power 1-5 points

Energy and Atmosphere Credit 6 - Green Power requires energy from renewable sources, defining renewable sources by the Centre for Resource Solutions Green E products certification requirements. In Canada, the CAGBC uses the Ecologo certification from Environment Canada Environmental Choice program for certification of their Green Power credit. This project which is located in Canada, is using the USGBC Core and Shell as there is no Core and Shell through the Canadian Green Building Council as of yet. While Green E certification exists in a small amount of Canadian distributors, most of the Canadian market uses Ecologo. In order to pursue the Green Power credit through the USGBC can the Ecologo certification be used in place of the Green E certification requirements? Will the submittal of the Ecologo certification replace the need to prove equivalency with the Green E certification requirements?

ENERGY & ATMOSPHERE: Green Power (EA Credit 6.0) Credit Interpretation Request Washington State does not require electric utilities to provide retail open-access. The Seattle Justice is required to purchase electrical power from the local municipal utility, Seattle City Light. Seattle City Light (SCL) wants to prove a LEED electrical energy product that qualifies for the EA Credit 6.0 to any LEED project within SCL\'s service area and proposes the following approach: Seattle City Light estimates that the current resource mix includes 25-28% renewable generation as defined by Green-e, composed of low impact hydro and possibly wind and other renewables. The utility will certify the low impact hydro component, estimated at 25% of the total mix, through the Low Impact Hydropower Institute. SCL will assist projects to "green up" the remaining 25% balance in order to achieve 50% renewable energy content by facilitating the purchase of Green Tags for participating LEED projects. Projects may elect to purchase green tags from existing or new renewable resources from SCL, the Bonneville Power Administration or other providers of green tags. As a part of the Credit documentation, the Seattle Justice Center will write a letter attesting that the mix or renewables serving the LEED project meets the following criteria: 1. SCL supplied renewable power plus Green Tags are equal to 50% of the project\'s energy consumption. 2. The energy and green tag sources meet the Green-e definition of renewable energy, which includes wind, solar, low impact hydro, methane recovery, etc., and, 3. Green Tags purchased have not been double sold, as verified by contract or purchase agreement.

APPROACH As a firm representing several projects seeking LEED certification, we respectfully submit the following Credit Interpretation Request (CIR). In an effort to achieve EA Credit 6 (EAc60), our firm performed due diligence and has identified a wholesale provider of Green Power. Although retail renewable electricity certificate (REC) products exist in the marketplace, these products are not optimal for high-volume purchasers. Potential purchasers of high-volumes of Green Power should have the option to choose a wholesale certificate-based transaction. Such transactions provide the high-volume buyer flexibility to choose the type of generation it wishes to support, the market from which Green Power is purchased (regulated or competitive), the location of the generation facilities, transparent price discovery, a choice of fuel-mix, and most importantly, flexible pricing structures.

PROPOSED SUBMITTAL ELEMENT An element of LEED Version 2.1 EAc60 requires the submittal of "a copy of the two-year electric utility purchase contract for power generated from renewable sources." With respect to the Potential Technologies & Strategies described on page 32 of the LEED Green Building Rating System, it is our position that this Submittal's requirement of an "electric utility purchase contract" does not accurately reflect the type of contract, or financial agreement, entered into when utilizing the following certificate-based procurement strategies: a) "Green-e certified Tradable Renewable Certificates" b) "other power supply that meets the Green-e renewable power definition" Therefore, we request and propose that the following be added or deemed an acceptable EAc60 Submittal: "a copy of the two-year electric utility purchase OR renewable electricity certificate contract for power generated from renewable sources." The interim acceptability and/or inclusion of the proposed language, as part of EAc60 Submittals, is significant in that it accurately reflects the financial agreement between owner, tenant or responsible party, and the seller. Currently, the owner, tenant or responsible party can procure Green Power from sources other than an electric utility or power marketer, therefore we feel that the EAc60 Submittals should be adapted to clearly represent the distinction and to facilitate and encourage an open and competitive Green Power market.

ADDITIONAL INFORMATION It is our Intent to encourage the development and use of grid-source, renewable energy technologies on a net zero pollution basis through direct payment and/or support to renewable generation facilities. The direct payment will be outlined in a financial agreement between the project owner, tenant or other responsible party and the owner or operator of the renewable generation facility. We intend to employ the services of a wholesale renewable energy broker to facilitate and structure the financial agreement(s) so as to select the least-cost renewable electricity and /or REC provider(s). Our Green Power procurement strategy includes promoting the development of new capacity through the sourcing of renewable electricity certificates in both competitive and regulated electricity markets, with or without the availability of a green pricing program or retail certificate-based products. Moreover, the Requirements set-forth in EAc60 will be met and/or exceeded in a brokered certificate-based Green Power transaction. The wholesale renewable energy broker will provide documentation guaranteeing the renewable generation facility meets and/or exceeds the criteria and requirements set-forth by the Center for Resource Solutions as defined in \'Attachment C: Green-e National Tradable Renewable Certificate (TRC) Standard\' (http://www.green-e.org/pdf/trc_standard.pdf). In addition, the wholesale renewable energy broker will arrange independent, third-party verification to guarantee the renewable electricity was produced and sold as defined in the contract or transaction agreement. Furthermore, a year-end audit will be performed by an independent, third-party accountant verifying that no double counting of renewable generation has occurred. It is our continued position that the proposed language for the EAc60 Submittal Element will promote the growth and development of the renewable energy industry and related sustainable markets. Therefore, we respectfully request that the Project Manager accept the proposed language referenced above and/or grant EAc60 credit to the owner, tenet or responsible party who submits to USGBC a copy of a two-year renewable electricity certificate contract for power generated from renewable sources.

We would like to purchase carbon offsets instead of Renewable Energy Certificates (RECs). Can the LEED v4 EA Credit Green Power and Carbon Offsets be substituted on LEED v2009 projects?

Our project is installing a photovoltaic system that will be directly connected to the building\'s energy system, and which will be net-metered with the utility grid. The system is being financed through a power purchase agreement, which requires selling of the RECs to the public utility. A number of Credit Interpretation Rulings have been issued regarding the conditions which must be met for a project to qualify for renewable energy credits under EAc2. These CIRs seem to provide conflicting language. We are seeking clarification regarding these conditions for LEED-NCv2.2 and LEED-CSv2.0 projects. - CIRs dated 10/3/2006 and 5/16/2006 state that the sale of RECs is allowed from an on-site renewable energy system that claims credit under EAc2 if the building owner or energy system owner purchases a total amount of RECs equal to 200% of the system\'s annual rated energy output each year from another source, which must be Green-e eligible. Per the CIRs, the seller of the on-site RECs must also follow all established guidelines for the sale of RECs and not claim any of the environmental attributes for the on-site system. - An administrative ruling dated 7/19/2007, which updates conditions for on-site renewable systems to achieve EAc2 points, does not make reference to the purchase of 200% RECs as an acceptable method of credit achievement. - However, the same 200% REC purchase compliance path is also outlined in the new LEED 2009 BD&C Reference Guide. - A CIR dated April 15, 2009 rules that a project that hosts a PV system, which does not use the PV and/or the PV is fully financed, owned and sold to third parties, can achieve EAc2 by purchasing a total amount of RECs equal to 100% of the system\'s annual rated energy output. Please confirm that a project pursuing EAc2 under LEED-NC v2.2 (or LEED-CSv2.0) can achieve EAc2 points by utilizing the 200% REC purchase methodology as outlined in the 2006 CIRs and 2009 BD&C Reference Guide, or the 100% REC purchase methodology outlined in the 2009 CIR. We are also seeking clarification regarding the length of time for which RECs must be purchased. The 5/16/2006 CIR states that RECs must be purchased "each year." Does this mean that RECs must be purchased each year that the system\'s RECs are sold, indefinitely? Alternatively, the 10/3/2006 CIR states that RECs must be purchased for at least ten years. Please clarify if the REC purchase is required for 10 years, or for the entire length of the utility REC purchase agreement.

Can a third party such as a utility company install and operate a Solar PV system on the rooftop of a LEED project, and can the owner achieve EA c2 credit (1%) and possibly an exemplary performance credit (5%) for Core and Shell V2.0 rating system? Intent of Credit: Encourage and recognize increasing levels of on-site renewable energy self-supply in order to reduce environmental and economic impacts associated with fossil fuel energy use. Approach: A new program has been initiated in the San Diego Gas and Electric (SDG&E)territory named Clean Energy Systems. The objective of this program is to find usable roof space (at least 5,000 sf)in high performance buildings such as this project where a Solar PV system can be installed, operated, and maintained by SDG&E. The impetus for this unique program is to use available secure roof top space to increase its renewable energy system portfolio that will help SDG&E get to its 20% overall renewable energy portfolio as required by California State Law. It would be the intent of SDG&E to sign a long-term lease space contract with the Owner of this project and install at least 5,000 sf of Solar PV array up on the roof of this and possibly the other two future buildings (Buildings B and C)in this core and shell complex. As mentioned previously, the motivation of SDG&E will be to grid-tie this renewable energy to assist them in achieving the 20% portfolio threshold. The motivation of the Owner is to achieve at least one and maybe two LEED points even though they will not necessarily be using electricity generated from the Solar PV system. The owner would sign a contract with SDG&E before this project is submitted via LEED Online sometime in the Fall of this year 2008. We would provide evidence to this plus an implementation schedule for installation of the system on at least Building A during design submittals. Confirmation of Credit Intent: We believe this approach does meet the intent of the credit providing renewable energy self-supply in order to reduce the environmental effects of fossil fuel consumption (aka global warming)while providing the developer with very needed LEED points in order to achieve LEED Silver for its Building A project. We also believe that this approach will be occurring more frequently in the near future with progressive utilities offering to lease roof space on LEED-registered buildings for independent Solar PV farms. Please verify that this approach summarized above does fulfill the intent of Credit EA c2.