; or (ii) the date on which the Secretary makes a subsequent determination under this paragraph with respect to the applicable State program. (2) Compliance If the Secretary determines, under paragraph (1), that a State has a more stringent State clean energy program, a retail electricity supplier that is subject to and in compliance with such more stringent State clean energy program shall be deemed to be in compliance with the requirements of this title for the period during which the determination is effective. (3) Prohibition against double-counting The Secretary, in consultation with States, shall develop a protocol to ensure that a zero-emission electricity credit may not be issued under this title with respect to an amount of electric energy for which one or more State clean energy credits are issued under, and used for compliance with, a more stringent State clean energy program. (d) Qualified electricity generation eligible in both State and Federal programs (1) Issuance of credit In a State that does not have a more stringent State clean energy program, 1 megawatt-hour of zero-emission electricity is eligible to be issued both a State clean energy credit and a zero-emission electricity credit pursuant to this title. (2) Retirement of State credits Retirement of a State clean energy credit for a compliance with a State law in a State that does not have a more stringent State clean energy program shall not prevent a retail electricity supplier from submitting a zero-emission electricity credit issued for the same megawatt-hour of zero-emission electricity for compliance with this title. (3) Submission of Federal credits Submission of a zero-emission electricity credit for compliance with this title shall not prevent a retail electricity supplier from retiring a State clean energy credit issued for the same megawatt-hour of qualified electricity generation for compliance with a State law. (e) Definitions In this section: (1) State clean energy credit The term State clean energy credit means a certificate