What if applications are submitted by two different Approved Vendors for the same project?

In a case where one Approved Vendor submits a Part I application for a project, and then (before the first application is reviewed and approved by the Program Administrator and its batch submitted to the ICC for approval) a second Approved Vendor submits a new Part I application for a project at the same location, the Program Administrator will proceed as follows to resolve the potential conflict:

  • The Program Administrator will first investigate (including potentially contacting the site host) whether there is an intent that the multiple project applications are for separate, co-located projects (and if so, whether the co-location would be allowed under Program terms and conditions).
  • If co-location is intended and feasible, then the Program Administrator will allow for co-location.
  • If co-location is not both intended and feasible (i.e., if the two applications appear to represent the same project), the Agency will review the documents submitted with the Part I applications to determine which Approved Vendor is premising its control of RECs on an earlier-executed site control agreement (or, if both Approved Vendors rely on the same site control agreement, then which Approved Vendor has an earlier-executed REC control agreement); this Approved Vendor will be presumed to be the proper representative of the project.
  • An Approved Vendor with a later-executed site control or REC control agreement (as applicable) will be given an opportunity to furnish documentation showing that the earlier-executed instrument was properly terminated prior to that Approved Vendor’s Part I ABP application. If acceptable documentation is provided (subject to confirmation with the other Approved Vendor), then the application from the Approved Vendor with the later-executed agreement would proceed (subject to any other review and approvals of the application).