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CRS Listed™ Tracking Attestation

Updated July 13, 2021


I. REQUIREMENT FOR TRACKING ATTESTATION Center for Resource Solutions (CRS) requires an active CRS Listed™ Tracking Attestation on file for any generating facility registered with a renewable energy tracking system in the United States or Canada1 (the “Facility”), to have its renewable energy claimed within the supply chain of a product that is subject to an annual sales and supply audit for Green-e® Energy certification or to be identified as CRS Listed™, subject to certain exceptions set forth in the Green-e® Renewable Energy Standard for Canada and the United States.2

II. PROCESS A Tracking Attestation must be completed by an authorized representative of the Facility owner  or an authorized manager of the Facility’s tracking system account (“Facility Representative”). If the Tracking Attestation is accepted by CRS, basic Facility information as provided in the Tracking Attestation will be listed on the CRS website. When the term of a Tracking Attestation ends, a new one must be submitted for a facility to remain listed.


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1 Specifically, ERCOT, M-RETS, MIRECS, NAR, NEPOOL-GIS, NC-RETS, NYGATS, PJM-GATS and WREGIS. 2 Wherever used in this Attestation and whether or not accompanied by a ® or other symbol reflecting ownership interests, "Green-e" means the mark, whether registered or not, containing the word "Green-e," to which CRS asserts ownership rights in the United States and elsewhere. For more information about CRS's Green‑e® certification programs, please visit www.green-e.org. If you have any questions, please contact CRS at 415-561-2100 or email verification@green-e.org.

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III. TERMS & CONDITIONS This Tracking Attestation constitutes an agreement between CRS and the Facility Representative on behalf of the person or entity that owns the Facility, subject to the terms and conditions set forth herein (the “Agreement”).

A. Term & Termination. The Agreement will begin on the Effective Date identified in the Tracking Attestation and will end one year from the Effective Date or on an earlier date as indicated in the Tracking Attestation (the “Term”), unless the Agreement is terminated early as follows:

  1. Facility Representative or other authorized Facility representative may terminate and withdraw the Tracking Attestation at any time upon written notice to CRS at verification@green-e.org.

  2. CRS may terminate this Agreement if:

(a) the Facility (i) is no longer actively registered in a tracking system, (ii) is out of compliance with its tracking system's rules, (iii) fails to notify CRS of any inaccuracy in or change to information provided in the Tracking Attestation, (iv) fails to pay the required Fees, (v) has violated Section E herein, or (vi) has generation or energy attributes subject to multiple claims by end-users, each of which constitute a material breach of the Tracking Attestation, and

(b) such breach is irremediable or (if such breach is remediable) the breach is not remedied within a period of 30 days after Facility Representative being notified in writing to do so

 

B. Facility Rights and Benefits.

1. Identification by CRS. CRS agrees to identify the Facility as having a Tracking Attestation on file by listing the Facility on CRS's website.  Certain facilities may be identified as “Approved - Requires Additional Green-e® Verification” if  supply from such facilities is subject to steps additional to those for other CRS Listed™ facilities in order to be used toward CRS’s Green-e® certification.

2. Trademark License

  1. Grant of License. Subject to Facility’s continuing compliance with the Agreement, CRS hereby grants the Facility Representative a non-exclusive, non-transferable, worldwide, personal, limited license (without the right to sublicense) to use and display the mark “CRS Listed™” (the “Mark”) during the Term, in each case solely to identify Facility as having a Tracking Attestation in effect with CRS. To be clear, the foregoing license applies only to a particular Facility identified in the Agreement and is expressly conditioned on such Facility meeting the requirements set forth herein.

  2. Limitations. Facility Representative will not use or display (or authorize others to use or display) the Mark in any manner whatsoever other than as expressly set forth herein. Facility Representative agrees that all use of the Mark, and all goodwill arising out of such use, will inure exclusively to the benefit of CRS. Facility Representative will not adopt, use or apply for registration of the Mark (or any trademark confusingly similar to the Mark) anywhere in the world, and CRS will retain the exclusive right to apply for and obtain registrations for the Mark and any of its other trademarks throughout the world. Facility Representative will not engage, participate or otherwise become involved in any activity or course of action either independently or with others that diminishes or tarnishes the image or reputation of the Mark or otherwise derogates CRS’s rights in the Mark. Facility Representative may use the Mark to indicate that the Facility has a Tracking Attestation in effect with CRS, but will not use the Mark in any way as an endorsement or sponsorship by CRS of any product, service, brand, or other operation. CRS’s acceptance of a Tracking Attestation will not constitute representations or warranties of CRS or give rise to any right of reliance for the benefit of Facility Representative or any third party.   

  3. Reservation of Rights. All rights not expressly granted in herein are reserved by CRS. Facility Representative acknowledges that it has not acquired, and will not acquire, any claim, right, title or interest in or to the Mark, except the limited right to use the Mark as expressly set forth herein. Facility Representative acknowledges that CRS is the owner of all right, title and interest in and to the Mark, and will not challenge the validity of the Mark, CRS’s ownership of the Mark, or the enforceability of Center’s rights in the Mark during the Term of the Agreement.  

Cessation of Mark Use.  Facility Representative agrees to promptly cease and desist from all use of the Mark in the event: (i) of termination or expiration of the Agreement, without notice and request by CRS, or (ii) that CRS determines that use of the Mark, in any particular manner or in any particular jurisdiction may violate any applicable laws or regulations, be contrary to public policy or may subject Facility Representative or CRS to any third party claims, legal proceedings, governmental investigations or proceedings, penalties or liabilities, upon receipt of notice and request from CRS.

 

C. Facility Responsibilities. 

1.  Payment of Fee. Facility Representative agrees to pay the applicable Annual Fee shown in the table below. Payment is due immediately upon submission of the Tracking Attestation as a condition of acceptance. Fees are non-refundable. CRS’s products and services may incur fee increases year over year. The Tracking Attestation applies to the current Term and does not guarantee the current rate for any renewals.


Annual Fee for Generators ($/Generator)

$150

 

2. Submission of Materials. Facility Representative on behalf of the Facility is responsible for timely submitting all information or material requested by CRS.

 

D. Required Notice of Facility Changes. If Facility information provided in the Tracking Attestation changes, CRS requires submission of an updated Tracking Attestation. In addition, Facility Representative must notify CRS in writing if the Facility ceases to be registered in the tracking system or is out of compliance with that tracking system's rules.

 

E. Limitations

  1. No Rights to Green-e® Certified Representations

Acceptance by CRS of a completed Tracking Attestation does not mean that the Facility, Facility owner, Facility's output, or sale of Facility's output is Green‑e® Energy Certified. Authorized representatives of the Facility, including the Facility Representative, are expressly prohibited from representing products from any facility covered by the Attestation as Green-e® Energy Certified or meeting Green-e® certification criteria or program requirements. Only entities that are current participants in CRS’s Green-e® Energy certification program under the terms of active certification contracts are able to sell Green-e® Energy Certified products.

  1. No Rights to CRS Marks or other Intellectual Property

Except as expressly stated herein, no property rights of CRS, including any trademark, service mark, copyright, patent, trade name or other intellectual property interests, including (without limitation) the Green-e® logo or "Green-e" word mark, are transferred to the other party through this Agreement. By submitting this Attestation, the Facility Representative expressly agrees that no party acting on behalf of the Facility will represent any renewable energy covered by this Attestation as "eligible" or "certifiable" or similar under CRS's Green-e® certification programs, which is strictly prohibited by CRS and may violate CRS's intellectual property and other rights.  All rights not expressly granted are reserved.

 

F.  REPRESENTATIONS AND WARRANTIES.

1. By CRS. Center represents and warrants that it has all rights and full power and authority to enter into the Agreement and to perform its obligations under the Agreement.

2. By Facility Representative. Facility Representative represents and warrants that: (a) it has all rights and full power and authority to enter submit the Tracking Attestation and to perform its obligations thereunder; and (b) the disclosures and other information provided by Facility Representative under the Tracking Attestation are complete and accurate.

3. Disclaimers and Limitations of LiabilityCRS makes no representations or warranties regarding direct or indirect financial or other benefits regarding Facility’s submission of a Tracking Attestation and listing by CRS as having such on file. CRS HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITATION OF THE FOREGOING, CRS MAKES NO REPRESENTATION OR WARRANTY AS TO NONINFRINGEMENT BY THE MARK OF THIRD-PARTY TRADEMARKS, AND CRS UNDERTAKES NO OBLIGATION TO REGISTER THE MARK IN ANY JURISDICTION. Without limiting the generality of the foregoing, Facility Representative acknowledges and agrees that Tracking Attestations are reviewed in connection with criteria developed by CRS solely based on renewable energy use in Canada and the United States.

 

G.  General Provisions 

  1. Governing LawThe Agreement will be governed by the laws of the State of California, United States of America, without regard to its conflicts of laws provisions. Subject to the exception below, any dispute regarding the Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and the parties irrevocably consent to the exclusive jurisdiction and venue of such courts.

  2. Relationship of Parties. The Parties are independent contractors with respect to one another. Nothing in this Agreement shall create any association, joint venture, partnership, or agency relationship of any kind between the parties.

  3. Warranties. Each Party covenants, warrants and represents that it shall comply with all laws and regulations applicable to this Agreement and the performance of its obligations, and that it shall exercise due care and act in good faith at all times in the performance of its obligations hereunder. The provisions of this section shall survive termination of this Agreement.

  4. No Other Rights. Except as expressly set out in this Agreement, no other rights or privileges are offered or implied in connection with the Attestation;  

  5. Parties Bear Own Costs. The Parties will bear their own costs and expenses relating to the Attestation, except as expressly set out in this Agreement; 

  6. Force Majeure. Neither Party shall be liable for any loss or any failure to perform any obligations hereunder by reason of any delay in the performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of that Party. 

  7. No Waiver. No waiver of any provision of this Agreement will constitute a waiver of any other provision(s) or of the same provision on another occasion;  

  8. Binding Effect. This Agreement shall bind the Parties, their respective heirs, personal representatives, successors and assigns. Each Party will and will use all reasonable endeavours to procure that any necessary third-party will execute such documents and perform such acts or do such things as may reasonably be required for the purpose of giving full effect to this Agreement; 

  9. CRS Not Restricted vis-a-vis Third Parties. Nothing in this Agreement will prevent or restrict CRS (or its affiliates) from providing services to any third-party, including but not limited to services similar to those outlined in this Agreement;  

  10. No Assignment. This Agreement, or the rights granted under it, may not be assigned, transferred or sub-licensed by either Party, whether by transfer, merger, operation of law, change in control or otherwise, without the express prior written consent of the other Party. 

  11. Entire Agreement. This Agreement and all its attachments constitute the entire agreement between the parties and supersede all prior agreements, oral or written, relating to the Sponsorship. This Agreement may only be amended in a writing signed by both parties. 

  12. Notice. All notices given under this Agreement shall be in writing, addressed to the parties at the addresses set forth above, and shall be deemed to have been duly given when delivered when sent by overnight courier, or certified mail (return receipt requested). 

  13. Counterparts and Delivery. This Agreement may be executed electronically. Electronic signatures will be deemed original signatures for all purposes under this Agreement. This Agreement may be delivered electronically, and any such delivery will have the same effect as physical delivery of a signed original.

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© 2021 Center for Resource Solutions. All rights reserved.

IV. FACILITY INFORMATION

Please read through and complete the Tracking Attestation, including the required Declaration. CRS reserves the right to reject the Tracking Attestation if any field is not filled in completely or correctly.
Facility and Registration Information


Company or person that owns the Facility. Generator Owner’s full legal name (e.g. ABC Domestic Energy Company, Inc.)

Physical location or address of the Generation Facility. Please do not enter the office location or address.




North American Electricity Reliability Corporation (NERC) region in which Facility is located. If you are unsure of which region Facility is in, see http://www.nerc.com/regional/
EIA or QF. The EIA number is the facility's unique plant code listed on the EIA-860 2__Plant form here: https://www.eia.gov/electricity/data/eia860/. If the facility has both an EIA and QF number, list the EIA. For EIA, please enter the "DOE/EIA ORIS plant or facility code".





Primary Contact Information
The Primary Contact will receive email updates when the Tracking Attestation has been processed and 60-days prior to the Tracking Attestation expiration date. The same email notice will also be sent to the Secondary Contact if it's provided. If a different contact than the person listed below should receive these emails, please reach out to verification@green-e.org.





Secondary Contact Information
The Secondary Contact will receive the same email updates that were sent to the Primary Contact (above) when the Tracking Attestation has been processed and 60-days prior to the Tracking Attestation expiration date.





Public Contact Information
Transaction Details

CRS’s acceptance of a Tracking Attestation does not mean that the facility, facility owner, facility's output, or sale of facility's output are Green‑e® Energy Certified. CRS’s Green-e® certification programs have additional requirements that CRS Listed facilities do not have to meet. If you do not have an active logo use agreement on file with CRS, you cannot sell a Green-e® Energy Certified product.


Tracking Details
Every unique tracking system ID number must have a separate corresponding Tracking Attestation on file with CRS. Do not list multiple tracking system ID numbers on a single submission, even if a single facility is registered under multiple tracking system IDs.


The Tracking System in which the Facility is registered. In states where there is a Renewable Portfolio Standard or goal, facilities must be registered in the state-approved tracking system(s) in order to submit tracking attestations. See Green-e Approved Tracking Systems for the list of states with corresponding approved tracking systems.


Date of Facility’s First Generation Tracked in a Tracking System. Test Energy may be included.

If the Facility has been registered in the Tracking System by an entity other than Owner, for the purposes of this form that entity will be the "Facility Representative" (previously referred to as "Account Manager") and this form must be completed by an authorized agent of the Facility Representative. If there is no Facility Representative, and Owner manages Facility’s account, Owner must complete this attestation. If Facility Owner is a corporation, partnership or other legal entity, this Consent must be executed by a company officer of the Facility Owner. If the Facility Owner is an individual, this Consent must be executed by the individual.


Acceptible Syntax for Tracking System ID Numbers

ERCOT: Numeric Only
MIRECS: AGG___ or GEN___
M-RETS: M___
NAR: AGG___ or GEN___
NC-RETS: EFF___ or GEN___
NEPOOL-GIS: CLM___ or IMP___ or MSS___ or NON___
NYGATS: GEN___ or AGG___
PJM-GATS: NON___ or MSET___
WREGIS: W___


This Tracking Attestation governs generation at Facility beginning on this date or the first date of the year. For example, the effective date could be January 1, 2021, February 2, 2021, March 5, 2021, etc.


Date this Tracking Attestation expires. The maximum period covered by this Tracking Attestation is ONE YEAR from the Tracking Attestation Effective Date designated by the party completing the form. For example, if the Effective Date is May 1, 2020, the Expiration Date is April 30, 2021. The Tracking Attestation Expiration Date cannot be more than 14 years from the year the facility was first operational. For example, if the facility became operational on February 3, 2007, the last year for its supply to be used in certified product(s) would be 2021, if a tracking attestation is submitted on February 1, 2021, the tracking attestation expiration date will be 12/31/2021.


If this date is earlier than the Tracking Attestation Expiration Date, this date becomes Expiration Date, and this Tracking Attestation form will expire on this Rights Expire Date.

Facility Representative Contact Information (Account Manager Contact Information)












Please attach PDF. Many tracking systems have specific forms for designating a party other than the Facility Owner as having the right to register the facility in the tracking system. In some cases, contracts between Facility Owner and Facility Representative (Account Manager) are acceptable to the Tracking System, in which case pertinent sections of such a contract may be submitted along with the contract's signature page.

Account Manager has attached documentation accepted by Tracking System and signed by both Facility Owner and Facility Representative (Account Manager) authorizing Facility Representative (Account Manager) to register Facility in Tracking System. (Facility Representative must attach form and check box) Many tracking systems have specific forms for designating a party other than the facility owner as having the right to register the facility in the tracking system. In some cases contracts between Facility Owner and Facility Representative (Account Manager) are acceptable to the Tracking System, in which case pertinent sections of such a contract may be submitted along with the contract’s signature page(s).
Facility Details

Explanation of Generation Dates

Statements on this Tracking Attestation apply to all generation occurring during the Term unless during the Term the Facility Representative or other authorized Facility representative is reporting its direct greenhouse gas emissions in legally binding cap-and-trade program, or Facility is located in an area participating in a greenhouse cap-and-trade program that affects the electricity sector (entered in cap-and-trade section below).
Is Facility approved as "Repowered" by Center for Resource Solutions?


Skip if the Facility meets a different “New Date” criterion in Section II.E of the Green-e® Renewable Energy Standard for Canada and the United States

Is Facility co-firing eligible fuel(s) under the Green-e® Renewable Energy Standard for Canada and the United States with non-eligible fuel(s)?


Green-e® Renewable Energy Standard for Canada and the United States. Choose YES if Facility is eligible under the Standard for co-firing because either the Facility’s co-firing methodology has been approved by Center for Resource Solutions (attach approval from Center for Resource Solutions); or Eligible fuels are in liquid form and their use is separately metered from ineligible fuel use; or Facility is registered in a Tracking System that separately tracks MWh derived from eligible fuels from MWh derived from ineligible fuels.

Indicate where is the electricity/generation generated from the Facility is being delivered during the Term (name of purchasing utility or load-serving entity; sold to spot market; sold to Participant, etc.)


If the Electricity Purchaser is not in the list, specify here.

If the electricity is being delivered without the associated REC, then this electricity is “null power” and the electricity purchaser is not purchasing renewable electricity.
During the Term is Facility Owner reporting its direct greenhouse gas emissions in a legally binding cap-and-trade program, or is Facility located in an area participating in a greenhouse gas cap-and-grade program that affects the electricity sector?


If "Yes," the renewable energy or renewable energy certificates reported on this form may be ineligible for Green-e® Energy certification. For more information, contact Green-e® Energy Staff at 415-561-2100 or verification@green-e.org.

During the Term is Facility receiving carbon offsets or other carbon credits for any of its activities, even if not related to renewable electricity generation (e.g. offsets from landfill gas flaring at a landfill site)?


Please list the offset program and protocol, including the version number.
During Additional Requirements for Hydropower Facilities


Facility Registered in Multiple Tracking Systems

If yes, list the second tracking system and tracking system ID below.
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© 2021 Center for Resource Solutions. All rights reserved.

V. DECLARATION 

I declare that I have sufficient knowledge and authority on behalf of Facility as either a representative of the Facility owner or the Facility’s tracking system account manager to submit this Tracking Attestation. 


I further declare that, with respect to Facility’s participation in the Tracking System and the Renewable Attributes (also called “Certificates,” “Renewable Energy Certificates,” or “RECs”) generated by Facility and tracked in the Tracking System:

  1. All Renewable Attributes associated with electricity production by Facility are fully aggregated and include all environmental benefits of electricity generation by Facility as required by the Green-e® Renewable Energy Standard for Canada and the United States (to the maximum extent permissible under cap-and-trade programs, including all carbon dioxide benefits, emissions offsets, reductions and claims).

  2. For transactions made within a Tracking System, only fully aggregated Renewable Attributes are traded.

  3. The Renewable Attributes of a particular megawatt hour (MWh) are sold, retired, or reserved only once.

  4. The electricity co-produced with the Renewable Attributes is not used on-site for powering electric generation equipment (parasitic load).

  5. The electricity that was generated with the Renewable Attributes is delivered into the North American Electric Reliability Corporation (NERC) region in which the Facility is located.

  6. To the best of my knowledge the Renewable Attributes or the electricity that is generated with the Renewable Attributes are not used to meet any federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate by any entity other than the party on whose behalf the Renewable Attributes are retired.

  7. To the best of my knowledge, the electricity that is generated with the Renewable Attributes is not separately sold, marketed, or otherwise represented as renewable energy attributable to Facility by any entity other than the party on whose behalf the Renewable Attributes are retired.

  8. If Facility is located in Canada and the renewable resource type is hydropower, the Facility is EcoLogo certified throughout Term; if Facility loses EcoLogo certification for any reason Signatory will notify CRS immediately.

Only Applies for Biomass Facility

1. Facility is in substantial compliance with its operating permit regarding emissions.
2. If the Facility is subject to New Source Review as defined in the Green-e® Renewable Energy Standard for Canada and the United States, it complies with all applicable standards for such review..
3. Facility owner owns the renewable and environmental attributes of the biomass fuels at the time of their use for electricity generation.
4. Either (please select only one):


















VI. SIGNATURE

DISCLAIMER: By typing your name below, you are signing this Tracking Attestation electronically. You agree that your electronic signature is the legal equivalent of your manual signature on this Tracking Attestation.

Confirmation of receipt of this form will be sent to this email address
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Payment Information
  Note: Please click the Submit button only once, otherwise duplicate charges may occur.
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© 2021 Center for Resource Solutions. All rights reserved.