Can a Part I application project that’s been waitlisted or otherwise not yet selected for a REC contract change Approved Vendors?

Yes. A project that has been waitlisted or otherwise not yet selected for a REC contract may change its Approved Vendor (“AV”).  To be clear, this switch of Approved Vendor could be for an individual project that is a subset of a larger batch (although minimum batch size requirements would still apply).

While it is not necessary to seek Program Administrator approval in advance of commencing this transaction, the Approved Vendor transferring the project and the Approved Vendor receiving the project (“Transferee”) must provide the Program Administrator with a binding document wherein both agree that the Transferee shall have rights to the RECs produced by the project and the authorization to represent the project for an ABP application. The documentation also must show that the project host and the project owner, if different, consent to the change of Approved Vendor.

Please note that if a project was submitted co-located with another project, it will continue to be deemed co-located after any change of Approved Vendor. As a result, any co-located pricing or array layout requirements will still apply after a potential change of Approved Vendor.  The transferred project, if community solar, could, if applicable, be newly considered co-located after being received by the Transferee AV. The co-located pricing provision will only be applicable if the Illinois Commerce Commission’s approval of the second project is within one year or less of the Commission’s approval of the first project. If the first project has not yet received Commission approval at the time of the second project’s approval, then the co-located pricing provision will apply.