May a characteristic of power, such as “green” origin or the right to claim green origin, be sold separately from the power itself?
A. The right may be separated from the kilowatt/hour (kWh) with which it was associated originally and attached to some other parcel of kWh of equal size, but the right may not be sold without an accompanying transaction in electricity. Thus, anyone who wants to claim specific purchase of “green” power may buy kWh from or traceable to a renewable generator. The buyer may then resell these kWh as generic and attach the claim of specific purchase to a like quantity of generic power it purchases and resells to consumers. Whoever buys power sold as generic acquires no right to claim specific purchase, even though the power may be traceable to a green source.
