Credit trading and credit banking for "excess" renewables sales are among the provisions of the Wisconsin RPS, but it will be up to the PSC to implement credits as a comprehensive accounting system. The fact that the RPS applies to fully regulated utilities, however, is likely to reduce gaming possibilities if a comprehensive system is not adopted. Court action is required to impose penalties of between $5000 and $500,000, depending on "gravity" of violation, but "violation" is not defined. If interpreted to mean failure to comply over an entire year, the penalty could be far less than the cost of compliance for a large utility like Wisconsin Electric. Also, the court may consider "whether a violation ... is due to circumstances beyond the violator's control." The PSC, however, is in a position to close the loophole.
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