The Energy Independence Act (also known as EIA or I-937) requires that utilities use eligible renewable energy for a portion of their electricity supplies. It includes an alternative compliance method available only to utilities whose retail power sales have not grown. The growth calculation method in the statute is not clear, and in 2008 Commerce adopted a rule to interpret the statute and resolve the issue.

Proposed Rule

Commerce has formally proposed to change the  method of calculating load growth for this purpose.  A utility would be eligible to use the no-growth compliance method if its average weather-adjusted load over the most recent three years is not greater than its weather-adjusted load in the year before the three-year period.

Commerce proposed this approach after it received written and oral comments from stakeholders earlier this year. Stakeholders may submit written comments on the proposed rule and testify at a public hearing. Commerce will decide whether to adopt the rule after considering any comments on the proposed rule. The public hearing will take place at 11 a.m., Thursday, May 17, 2018, at Commerce’s headquarters in Olympia. Please note that visitor parking at our building has changed. A visitor parking permit may be printed ahead of time or obtained at the reception desk. Parking map.

The deadline for written comments is also May 17, 2018. Submit written comments by email to

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Glenn Blackmon
Phone: 360-339-5619

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