TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 20VAC5-314. Regulations Governing Interconnection of Small Electrical Generators (adding 20VAC5-314-10 through 20VAC5-314-170).
Statutory Authority: §§ 12.1-13 and 56-578 of the Code of Virginia.
Effective Date: May 21, 2009.
Agency Contact: Mike Martin, Senior Utilities Engineer, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9336, FAX (804) 371-9350, or email mike.martin@scc.virginia.gov.
Summary:
Pursuant to § 56-578 A of the Virginia Electric Utility Restructuring Act, Chapter 23 (§ 56-576 et seq.) of Title 56 of the Code of Virginia (Restructuring Act), all electric energy distributors have the obligation to connect any retail customer, including those using distributed generation, located within its service territory to the distributor's facilities used for delivery of retail electric energy, subject to State Corporation Commission (commission) rules and regulations and approved tariff provisions relating to connection of service. In accordance with § 56-578 C of the Restructuring Act, the commission proposed interconnection standards, not inconsistent with nationally recognized standards, to ensure transmission and distribution safety and reliability. The interconnection regulations establish standardized interconnection and operating requirements for the safe operation of electric generating facilities with a rated capacity of 20 MW or less connected to the distribution systems of electric utilities under the jurisdiction of the Virginia State Corporation Commission. These requirements apply to retail electric customers, independently owned generators or any other parties operating or intending to operate a distributed generation facility. The regulations establish three interconnection review paths for interconnection of customer-sited generation in Virginia - Level 1, Level 2 and Level 3. Level 1 interconnections must include a request to interconnect a certified inverter-based generating facility no larger than 500 kW. To qualify for a Level 2 interconnection request, the generating facility can be no larger than 2 MW and the proposed generator must meet certain specified codes, standards, and certification requirements. Level 3 interconnection requests apply to generating facilities larger than 2 MW but no larger than 20 MW or a generating facility that does not pass the Level 1 or Level 2 Process.
The changes in the final regulation are in response to comments received from interested parties and are intended to address the recovery of costs by utilities from interconnection customers, insurance provisions, and interconnections to network circuits.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.
AT RICHMOND, MAY 8, 2009
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUE-2008-00004
Ex Parte: In the matter of establishing
interconnection standards for distributed
electric generation
ORDER ADOPTING REGULATIONS
On February 26, 2008, the State Corporation Commission ("Commission") issued an Order Establishing Proceeding in the above-captioned case to consider interconnection standards for distributed generation for the Commonwealth in accordance with § 56-578 A1 of the Virginia Electric Utility Restructuring Act, Chapter 23 (§ 56-576 et seq.) of Title 56 of the Code of Virginia ("Code"). The Staff of the Commission developed proposed rules ("Staff's Proposed Rules") to meet the requirement of § 56-578 C2 of the Restructuring Act, which proposed rules have been published in the Virginia Register on March 17, 2008, as Chapter 314 of the Virginia Administrative Code (20 VAC 5-314-10 et seq.), Regulations Governing Interconnection of Small Electrical Generators. The Commission directed that notice be given to the public and invited comments on Staff's Proposed Rules.
In response to the Commission's February 26, 2008 Order, the following filed on July 21 and 22, 2008, comments on Staff's Proposed Rules, all proposing certain revisions: Virginia Electric and Power Company ("Virginia Power"), Appalachian Power Company ("APCO"), the Potomac Edison Company ("Potomac Edison"), the Virginia Electric Cooperatives3 ("Cooperatives"), and the Interstate Renewable Energy Council ("IREC"). Columbia Gas of Virginia ("Columbia") filed comments supporting Staff's Proposed Rules. These comments, as a group, are referred to as the "Initial Comments."
On August 28, 2008, the Commission granted Staff leave to file its response to the Initial Comments.4 Accordingly, on October 27, 2008, Staff filed its report ("Staff Report") and attached Staff Revised Rules, which are reported by Staff to be responsive to the Initial Comments in providing improved readability and clarity, and include certain substantive revisions.5
The Commission issued an Order on November 26, 2008, which among other things, directed that notice be given to the public of Staff's Revised Rules, and invited comments thereon. Staff's Revised Rules were published on December 22, 2008, as Chapter 314. On January 15, 2009, the following filed comments addressing Staff's Revised Rules, all proposing certain revisions: Virginia Power, APCO, Potomac Edison, Cooperatives, and the IREC. Columbia filed comments supporting Staff's Revised Rules. These comments as a group are referred to as "Further Comments."
NOW UPON CONSIDERATION of the Initial Comments, the Staff Report, and the Further Comments, we find that we should adopt Chapter 314, Regulations Governing Interconnection of Small Electrical Generators ("Interconnection Rules"), appended hereto as Attachment A, effective May 21, 2009.6 We find that such rules are reasonable and are within the Commission's authority under § 56-578 of the Code.
The Commission is directed by § 56-578 C of the Code to "establish interconnection standards to ensure transmission and distribution safety and reliability, which standards shall not be inconsistent with nationally recognized standards acceptable to the Commission." (Emphasis added.) We previously noted, with regard to the existence of nationally recognized standards, that the Federal Energy Regulatory Commission ("FERC") has asserted jurisdiction over certain generator interconnections.7 FERC's Order No. 2006, Standardization of Small Generator Interconnection Agreements and Procedures, and FERC's subsequent amendments thereto ("FERC Rules"),8 address the interconnection of distributed generators. We find that for purposes of our rulemaking under § 56-578 C of the Code, that the FERC Rules constitute reasonable nationally recognized standards. The Staff reports that the FERC Rules provide the basis for Staff's Proposed Rules and Staff's Revised Rules.
The Interconnection Rules we adopt herein contain a number of modifications to Staff's Revised Rules. These modifications (shown in brackets) follow our consideration of changes suggested by the parties in their written comments and our analysis of the entire record in this proceeding. We will comment on certain of the modifications made in the Interconnection Rules.
First, some commenters urged that less restrictive deadlines be set in the Interconnection Rules.
Virginia Power comments that many deadlines set in the Interconnection Rules are overly aggressive. Virginia Power states that regardless of whether the interconnection customer is following a Level 1, 2, or 3 track toward interconnection,9 the procedures applicable to the customer's small generating facility must accommodate the possibility that modifications to the utility system, as well as to the customer's small generating facility, will be required.10
The Cooperatives have stated that their limited staffs cannot abandon other responsibilities in order to quickly respond to the numerous technical questions that would arise from a proposed interconnection.11 The Cooperatives continue to object to timelines set in the Interconnection Rules that they consider to be unnecessarily conforming to the FERC Rules without there being evidence that such restrictive timelines need to be imposed for Virginia interconnections. The Cooperatives represent that their distribution systems include essentially no FERC-jurisdictional transmission facilities and are otherwise exempt from FERC regulation because they are subject to regulation by the U.S. Department of Agriculture's Rural Utilities Service. The Cooperatives recommend that we lengthen certain deadlines from the FERC Rules in setting deadlines for the Interconnection Rules.
We note that the deadlines set in the Interconnection Rules are no more stringent than those imposed by the FERC Rules. If the deadlines present obstacles, we expect the parties to work together to resolve any timing issues. In addition, the Interconnection Rules, as the Cooperatives' Further Comments recognize, specifically address situations in which specified time frames cannot be met:
The utility shall make reasonable efforts to meet all time frames provided in these regulations unless the utility and the IC [interconnection customer] agree to a different schedule. If the utility cannot meet a deadline provided herein, it shall notify the IC, explain the reason for the failure to meet the deadline, and provide an estimated time by which it will complete the applicable interconnection procedure in the process.
20 VAC 5-314-10.
Although the Cooperatives are concerned that negotiating timing extensions under this rule may become routine and will be disruptive of the interconnection process,12 we find that expansion of the Interconnection Rules deadlines is unwarranted at this time.
Second, IREC and the Cooperatives propose further modification to the interconnection customer insurance requirements specified in 20 VAC 5-314-160.
IREC requests that any insurance requirements for a Level 1 small generating facility up to 500 kW be waived; and that the insurance requirements for larger systems be lowered to avoid what IREC considers to be an unreasonable barrier to new technology deployment. IREC suggests that Level 2 insurance requirements be set no higher than $1 million, and Level 3 insurance requirements be set no higher than $2 million, and in particular, that Level 3 insurance amounts not be determined "on a case-by-case" basis. IREC also requests that the requirement in 20 VAC 5-314-160 B stating that the utility be named as an additional insured be eliminated from the Interconnection Rules.
The Cooperatives comment that the insurance provisions of 20 VAC 5-314-160 are insufficient and recommend that any interconnection customer owning small generating facilities for interconnection be required to carry such insurance coverage as a utility would carry for comparable utility facilities that present the same kinds and levels of hazard risk. The Cooperatives suggest that such risk covered by a utility would be met by maintaining general liability insurance, including premises liability coverage for operations, in an amount of $2 million per occurrence, with no upper limit on the aggregate, as well as an all-risk property policy and umbrella policies with even higher limits.
We note that the FERC Rules defer to the states in setting minimum limits for insurance coverage for interconnections falling under the Small Generator 10 kW processes.13 With regard to all other interconnections, the FERC Rules at Article 8.1 of the Small Generator Interconnection Agreement require that insurance coverage shall be sufficient to insure against all reasonably foreseeable direct liabilities, given the size and nature of the generating equipment being interconnected, the interconnection itself, and the characteristics of the system to which the interconnection is made.14
We find reasonable insurance limits should be set, as proposed by Staff, for smaller systems at $100,000 for those with a rated capacity not exceeding 10 kW, and $300,000 for those with a rated capacity exceeding 10 kW but not exceeding 500 kW; and for larger systems at $2 million for those with a rated capacity exceeding 500 kW but not exceeding 2 MW, and determined on a case-by-case basis for those with a rated capacity exceeding 2 MW. These limits are reflected in 20 VAC 5-314-160 A of the Interconnection Rules. We have eliminated the requirement in 20 VAC 5-314-160 B of the Staff's Revised Rules that the utility be named as an additional insured.
Third, the Staff's Revised Rules for the Level 2 interconnection process, 20 VAC 5-314-60, did not require that a Level 2 small generating facility be connected under the Small Generator Interconnection Agreement ("SGIA"). Virginia Power cites the FERC Rules15 requiring all generators of 20 MW or less to enter into an SGIA. We agree with Virginia Power that an SGIA should be required for small generating facilities having capacity exceeding 500 kW that make application under the Level 2 process.
Fourth, IREC comments that a utility-accessible, external disconnect switch ("UEDS") does not provide a sufficient additional safety benefit to justify its cost to the interconnection customer and should not be required under a utility's tariff, pursuant to 20 VAC 5-314-40 B 2 and 3. IREC argues that concern for a utility line worker's safety as reflected in the requirement for a UEDS fails to recognize that all modern inverters stop power flow to the grid from the interconnected distributed generator automatically. IREC proposes that 20 VAC 5-315 B 2 and 3 be modified to either prohibit the installation of a UEDS, or allow a utility to elect to install a UEDS at its own expense, for inverter-based systems sized less than or equal to 10 kW.
We recognize that there are reasonable arguments to support the utility's requirement for a UEDS. For instance, the Commission has recognized the need for this safety device and requires a UEDS as a safety measure in the Net Metering Rules set out in 20 VAC 5-315-40 A 2. Consistent with our requirement in the Net Metering Rules, we decline to modify 20 VAC 5-314-40 B 2 and 3 as requested by IREC.
Fifth, the Cooperatives seek release from any obligations to purchase reactive power from an interconnection customer that may arise under Article 1.8 of the SGIA (Schedule 6 of 20 VAC 5-314-170). The Cooperatives rely upon their wholesale power suppliers for all their power requirements and object to Article 1.8 requiring a utility to compensate the interconnection customer to the extent an electric cooperative calls upon the interconnection customer to provide reactive power. The Cooperatives maintain that any obligation arising under Article 1.8 must be taken up with the Cooperatives' wholesale power suppliers.
As Article 1.8 does not impose any obligation to purchase reactive power, we find that the Cooperative's requested exception is unnecessary.
Sixth, Virginia Power and the Cooperatives request that 20 VAC 5-314-110 be revised to state that, prior to the Commission releasing and making public confidential information that the Commission has received from either party, the parties shall have an opportunity to respond. Such a provision had appeared in the Staff's Proposed Rules, and we find that it should be restored, with minor editing, to 20 VAC 5-314-110 C.
Seventh, Virginia Power comments that the Interconnection Rules at 20 VAC 5-314-60 C 8 should be clarified to require that a Small Generating Facility ("SGF") cannot be interconnected to a network distribution system before all required modifications to the SGF are made. To that end, Virginia Power requests that the words, "except minor modification" be eliminated from 20 VAC 5-314-60 C 8. We agree.
Eighth, Virginia Power seeks recovery of overhead costs from the interconnection customer when performing interconnection studies, pursuant to 20 VAC 5-314-70 C 4 a, D 3 a, and E 3 a. The Commission finds that recovery of such overhead costs should not be permitted by the Interconnection Rules at this time. Rather, we find that it is reasonable for utilities to recover only their incremental costs in this regard, as is currently reflected in the Revised Rules. The recovery of overhead costs by the utility could significantly increase the cost of interconnection for the interconnection customer, which may unreasonably impede the development of distributed generation in the Commonwealth.
Accordingly, IT IS ORDERED THAT:
(1) We hereby adopt Chapter 314, Regulations Governing Interconnection of Small Electrical Generators (20 VAC 5-314-10, et seq.) of the Virginia Administrative Code, all as set forth in Attachment A appended hereto, to be effective May 21, 2009. The provisions of Chapter 314 shall become effective as of July 1, 2009, for eligible farms as defined in H.B. 2171, enacted by the 2009 Session of the Virginia General Assembly.
(2) A copy of this Order and the rules adopted herein shall be forwarded promptly for publication in the Virginia Register of Regulations.
(3) This case is dismissed and the papers herein shall be placed in the files for ended causes.
Commissioner Dimitri did not participate in this matter.
AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: T. Borden Ellis, Senior Attorney, Legal, NiSource Corporate Services Company, 1809 Coyote Drive, Chester, Virginia 23836; Noelle J. Coates, Esquire, Hunton & Williams LLP, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219-4074; Horace P. Payne, Jr., Esquire, Dominion Resources Services, Inc., 120 Tredegar Street, RS-2, Richmond, Virginia 23219; John A. Pirko, Esquire, LeClairRyan, P.C., 4201 Dominion Boulevard, Suite 200, Glen Allen, Virginia 23060; Charles E. Bayless, Esquire, Appalachian Power Company, P.O. Box 1986, Charleston, West Virginia 25327; Kevin Fox, Esquire, Keyes & Fox LLP, 5727 Keith Avenue, Oakland, California 94618; C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of Attorney General, 900 East Main Street, 2nd Floor, Richmond, Virginia 23219; and the Commission's Office of General Counsel and Divisions of Energy Regulation and Economics and Finance.
1Section 56-578 A of the Code states:
A. All
distributors shall have the obligation to connect any retail customer,
including those using distributed generation, located within its service
territory to those facilities of the distributor that are used for delivery of
retail electric energy, subject to Commission rules and regulations and
approved tariff provisions relating to connection of service.
2Section 56-578 C of the Code, states:
C. The
Commission shall establish interconnection standards to ensure transmission and
distribution safety and reliability, which standards shall not be inconsistent
with nationally recognized standards acceptable to the Commission. In adopting
standards pursuant to this subsection, the Commission shall seek to prevent
barriers to new technology and shall not make compliance unduly burdensome and
expensive. The Commission shall determine questions about the ability of
specific equipment to meet interconnection standards.
3The Virginia Electric Cooperatives consist of A&N
Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric
Cooperative, Community Electric Cooperative, Craig-Botetourt Electric
Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative,
Northern Virginia Electric Cooperative, Prince George Electric Cooperative,
Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative,
Southside Electric Cooperative, and the Virginia, Maryland & Delaware
Association of Electric Cooperatives.
4The Staff was granted a filing extension to
October 24, 2008, by Order Granting Extension to Staff issued September
24, 2008, and a further extension by Order issued November 26, 2008, which
also granted leave to interested persons to file comments on Staff's Revised
Rules on or before January 15, 2009.
5Staff Report, pp. 3-26.
6The provisions of the Interconnection Rules will become
effective as of July 1, 2009, for "eligible farms," as defined
in HB 2171, enacted by the 2009 Session of the Virginia General Assembly.
(2009 Va. Acts Ch. 746)
7Order
Establishing Proceeding, Case No.
PUE-2008-00004, February 26, 2008, p. 2, n.2.
8Standardization of Small Generator Interconnection
Agreements and Procedures, Order No. 2006, FERC Stats. & Regs.
¶ 31,180 (2005), order on reh'g, Order No. 2006-A, FERC Stats. & Regs.
¶ 31,196 (2005), order granting clarification, Order No. 2006-B, FERC
Stats. & Regs. ¶ 31,221 (2006), appeal pending sub nom., Consolidated
Edison Co. of New York, Inc. v FERC, Nos. 06-1018, 06-1036 (D.C. Cir.).
920 VAC 5-314-10.
10Virginia Power Comments filed January 15, 2009,
p. 15.
11Cooperatives Comments filed January 15, 2009,
p. 9.
12Cooperatives' comments filed January 15, 2009,
p. 11.
13See FERC Rules, Appendix E (Small Generator Interconnection
Procedures), Attachment 5 (10 kW Inverter Process), Terms and
Conditions for Interconnecting an Inverter-Based Small Generator Facility no
larger than 10 kW, Section 7.0.
14See Appendix F (Small Generator Interconnection
Agreement), Article 8., Insurance, Paragraph 8.1.
15See Order No. 2006-B, Sections 2.4.1 and 3.5.7.
CHAPTER 314
REGULATIONS GOVERNING INTERCONNECTION OF SMALL ELECTRICAL GENERATORS
20VAC5-314-10. Applicability and scope [ ; waiver ].
[ A. ] These regulations are promulgated
pursuant to § 56-578 of the Virginia Electric Utility Restructuring Act
(§ 56-576 et seq. of the Code of Virginia). They establish standardized
interconnection and operating requirements for the safe operation of electric
generating facilities with a rated capacity of 20 megawatts (MW) or less
connected to distribution companies' electric utility distribution (and
in certain cases transmission) systems in Virginia. These requirements
regulations apply [ to utilities providing interconnections ]
to retail electric customers, independently owned generators or and
any other parties operating, or intending to operate, a distributed generation
facility in parallel with [ a utility's system and to the ]
utility [ systems ]. Interconnections These
regulations do not apply to customer generators operating pursuant to the
[ commission's Virginia State Corporation Commission's ]
Regulations Governing Net Energy Metering (20VAC5-315) or those that fall
under the jurisdiction of the Federal Energy Regulatory Commission [ (FERC) ]
are not subject to these regulations.
If the utility has turned over control of its transmission system to a Regional Transmission Entity (RTE), and if the small generator interconnection process identifies upgrades to the transmission system as necessary to interconnect the small generating facility, then the utility will coordinate with the RTE, and the procedures herein will be adjusted as necessary to satisfy the RTE's requirements with respect to such upgrades.
There are three interconnection review paths for
the interconnection of customer-sited generation in Virginia having an
output of not more than 20 MW:
Level 1 - A request to interconnect a certified
inverter-based small generating facility (SGF) no larger than 500 kilowatts
(kW) shall be evaluated under the Level 1 process.
Level 2 - A request to interconnect a certified small
generating facility SGF no larger than 500 kW but no larger than 2
MW and not qualifying for the Level 1 process shall be evaluated under the
Level 2 process.
Level 3 - A request to interconnect a small generating
facility larger than 2 MW but an SGF no larger than 20 MW or a small
generating facility that does not pass and not qualifying for the Level 1
process or Level 2 process, shall be evaluated under the Level 3 process.
[ An SGF proposed to be interconnected to a
distribution feeder may be limited The utility may limit the
interconnection of an SGF to a distribution feeder ] to a capacity
substantially less than 20 MW, depending upon the characteristics of that
feeder and the potential for upgrading it, as well as the nature of the loads
and other generation on the feeder relative to the proposed point of
interconnection. [ If the SGF cannot be safely and reliably
interconnected to the utility's distribution feeder, the utility shall work
with the IC to interconnect the SGF to the utility's transmission system. In
such cases, the interconnection of the SGF may be governed by the regulations
promulgated by FERC rather than the regulation of the State Corporation
Commission. ]
The utility shall designate an employee or office from
which the interconnection customer [ ("IC")
(IC) ] may informally request information on concerning the
application process can be obtained through informal requests from the
interconnection customer presenting a proposed project for a specific site.
The name, telephone number, and email address of such contact employee or
office shall be made available on the utility's Internet [ web
site website ]. Electric system information for
specific locations, feeders, or small areas relevant to the location of the
proposed SGF shall be provided to the interconnection customer IC upon
request and may include relevant system studies, interconnection studies,
and any other relevant materials useful to an understanding of an
interconnection at a particular point on the utility's system, to the
extent such provision does not violate confidentiality provisions of prior
agreements or release critical infrastructure requirements information.
The utility shall comply with reasonable requests for such information unless
the information is proprietary or confidential and cannot be provided pursuant
to a confidentiality agreement.
The utility shall make reasonable efforts to meet all time
frames provided in these procedures regulations unless the utility and
the interconnection customer IC agree to a different schedule. If the
utility cannot meet a deadline provided herein, it shall notify the interconnection
customer IC, explain the reason for the failure to meet the deadline, and
provide an estimated time by which it will complete the applicable
interconnection procedure in the process.
[ Each utility shall have on file with the commission terms and conditions applicable to the interconnection of SGFs. Such terms and conditions shall, at a minimum, incorporate this chapter by reference, shall set forth terms and conditions applicable to SGFs for which no Small Generator Interconnection Agreement (SGIA) is executed, and shall not conflict with the provisions of this chapter. The terms and conditions applicable to SGFs for which no SGIA is executed shall be reasonably consistent with the terms and conditions of the SGIA.
B. The commission may waive any or all parts of the provisions of this chapter for good cause shown. ]
20VAC5-314-20. Definitions.
The following terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:
"Affected system" means an electric utility
system other than that of the utility's distribution system utility that
may be affected by the proposed interconnection.
"Affected system operator" means an entity that operates an affected system or, if the affected system is under the operational control of an independent system operator or a regional transmission entity, such independent entity.
"Applicable laws and regulations" means all duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any government authority.
"Attachment facilities" means the facilities and equipment owned, operated, and maintained by the utility that are built new in order to physically connect the customer's interconnection facilities to the utility system. Attachment facilities shall not include distribution upgrades or previously existing distribution and transmission facilities.
"Business day" means Monday through Friday, excluding federal holidays.
"Certified" has the meaning ascribed to it in Schedule 2 of this chapter.
[ "Commission" means the Virginia State Corporation Commission.
"Competitive service provider" means any entity, other than the utility, supplying electric energy service to the interconnection customer. ]
"Customer's interconnection facilities" means all of the facilities and equipment owned, operated and maintained by the interconnection customer, between the small generating facility and the point of interconnection necessary to physically and electrically interconnect the small generating facility to the utility system.
[ "Commission" means the Virginia State
Corporation Commission. ]
"Distribution company" means the utility that
owns and/or operates the distribution system located in Virginia to which the
small generation facility proposes to interconnect its small generating
facility.
"Default" means the failure of a breaching party to cure its breach under the small generator interconnection agreement.
"Distribution system" means a the
utility's facilities and equipment generally delivering electricity to ultimate
customers from substations supplied by higher voltages (usually at transmission
level). For purposes of these interconnection rules regulations, all
portions of the distribution company's utility's transmission system
regulated by the commission for which interconnections are not within Federal
Energy Regulatory Commission (FERC) jurisdiction are considered also to be part
of subject to these interconnection rules regulations.
"Distribution upgrades" means the additions,
modifications, and upgrades to the utility's distribution system at or beyond
the point of interconnection to facilitate necessary to abate problems
on the utility's distribution system caused by the interconnection of the small
generating facility and to render the service necessary to effect the
interconnection customer's operation of on-site generation. Distribution
upgrades do not include customer's interconnection facilities or attachment
facilities.
[ "Energy service provider" means any
entity supplying electric energy service to the ] producer,
either as tariffed, competitive, or default service pursuant to § 56-585 of the
Code of Virginia [ interconnection customer. ]
"Facilities study" has the meaning ascribed to it in 20VAC5-314-70 E.
"Feasibility study" has the meaning ascribed to it in 20VAC5-314-70 C.
"FERC" means the Federal Energy Regulatory Commission.
"Good Utility Practice" means any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region.
"Governmental authority" means any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided that such term does not include the interconnection customer, the utility or a utility affiliate.
"Interconnection customer" or "IC"
means any entity, including the utility, any affiliates or subsidiaries of
either, proposing to interconnect a new small generating facility with the utility's
utility system under this chapter.
"Interconnection facilities" means the
utility's interconnection facilities and the interconnection customer's
interconnection facilities. Collectively, interconnection facilities include
all facilities and equipment between the small generating facility and the
point of interconnection, including any modification, additions or upgrades
that are necessary to physically and electrically interconnect the small
generating facility to the utility's distribution system. Interconnection
facilities are sole use facilities and shall not include distribution upgrades.
"Interconnection request" means the interconnection
customer's IC's request, in accordance with [ the tariff
this chapter ], to interconnect a new small generating facility, or
to increase the capacity of, or make a material modification to the operating
characteristics of, an existing small generating facility that is
interconnected with the utility's utility system.
"Interconnection study studies" means the
study that is undertaken studies conducted by the company
utility, or a mutually agreed upon third party agreed to by the company
utility and the producer interconnection customer, in order to determine
the interaction of the small generating facility and with the distribution
utility system, and the affected systems in order to specify any modification
modifications to the small generating facility or the distribution system
needed electric systems studied to ensure safe and reliable operation of
the small generating facility in parallel with the distribution utility
system.
"Material modification" means a modification that has a material impact on the cost or timing of any interconnection request with a later queue priority date.
"Operating requirements" means any operating and technical requirements that may be applicable due to regional transmission entity, independent system operator, control area, or the utility's requirements, including those set forth in the Small Generator Interconnection Agreement.
"Party" or "parties" means the
utility, interconnection customer, or any combination thereof both.
"Point of interconnection" means the point where
the customer's interconnection facilities connect with to the utility's
utility system.
"Producer" means a person operating a small
generating facility interconnected to the distribution system of a utility for
the purpose of parallel operation.
"Regional Transmission Entity" or "RTE" means an entity having the management and control of a utility's transmission system as further set forth in § 56-579 of the Code of Virginia.
"Small generating facility" or "generator"
or "SGF" means the interconnection customer's device equipment
for the production of electricity identified in the interconnection request,
but shall not include the interconnection facilities not owned by the
interconnection customer.
"Study process" means the procedure for
evaluating an interconnection request that includes the Level 3 scoping
meeting, feasibility study, system impact study, and facilities study.
"Small Generator Interconnection Agreement" or "SGIA" means the agreement between the utility and the interconnection customer as set forth in Schedule 6 of 20VAC5-314-170.
"Supplemental review" has the meaning ascribed
to it in 20VAC5-314-60 [ G I ].
"System" or "utility system" means the
distribution and transmission facilities owned, controlled, or operated by the
utility that are used to provide electric service under the tariff
deliver electricity.
"System impact study" has the meaning ascribed
to in 20VAC5-314-70 [ E D ].
"Tariff" means the rates, terms and conditions filed by the utility with the commission for the purpose of providing commission-regulated electric service to retail customers.
"Transmission system" means the utility's facilities and equipment delivering electric energy to the distribution system, such facilities being operated at voltages above the utility's typical distribution system voltages.
"Utility" means the public utility company subject to regulation by the commission pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code of Virginia with regard to rates and/or service quality to which the interconnection customer proposes to interconnect a small generating facility.
20VAC5-314-30. Siting of distributed generation facilities.
Prior to installing a small generating facility, the IC
interconnection customer must ensure compliance with local, state and federal
laws and regulations, including siting. If the producer has satisfied the
requirements of this chapter and has submitted a copy of his interconnection
notification form to the commission's Division of Energy Regulation, the
statutory requirements of § 56-580 D all applicable easements and permits,
and §§ 56-265.2 and 56-580 of the Code of Virginia shall be deemed to
have been met, as applicable.
20VAC5-314-40. Level 1 interconnection process.
A. The Level 1 interconnection path process is
available to any IC interconnection customer proposing to interconnect a
small generating facility with the utility's distribution utility system
if the small generating facility SGF is no larger than 500 kW. In
order to interconnect under this path, the small generating facility shall
complete the streamlined Interconnection Request Form contained in
20VAC5-314-170 as Schedule 1. The utility shall follow the same time line
established by the commission in 20VAC5-315-30 of the Net Metering Regulations.
[ B. An IC may begin operation of a small
generating facility when:
1. The IC has completed the Level 1 Interconnection
Request Form (Schedule 1 in 20VAC5-314-170) and submitted it to the utility
with the required $100 processing fee attached. The utility shall submit a copy
of the Interconnection Notification Form to the commission's Division of Energy
Regulation. The utility may supply a commission-approved Interconnection
Request Form similar to Schedule 1;
B. The IC shall submit a complete Level 1 Interconnection Request Form (Schedule 1 in 20VAC5-314-170) to the utility with the required $100 processing fee attached. Alternatively, the utility may require use of a commission-approved Interconnection Request Form similar to Schedule 1, which shall be made available to customers on the utility's Internet website. The Interconnection Request Form shall be date- and time-stamped upon receipt by the utility. The date- and time-stamp shall be used as the qualifying date- and time-stamp for the purpose of any timetable in these procedures.
The IC shall be notified of receipt by the utility within three business days of receiving the interconnection request, which notification may be by United States mail, email address or fax number provided by the IC. As soon as practicable after receipt, but not later than 10 business days after the date of receipt, the utility shall notify the IC if there are any deficiencies in the IC's submittal. If there are deficiencies, such notice shall include a written list detailing all information that must be provided to complete the interconnection request.
The IC shall have 10 business days after receipt of the notice of incomplete information to submit the listed information or to request an extension of time to provide such information. If the IC does not provide the listed information or a request for an extension of time within the deadline, the Interconnection Request Form will be deemed withdrawn.
The utility shall provide a copy of the final completed date- and time-stamped Interconnection Request Form to the Commission's Division of Energy Regulation.
C. Within 15 business days after the date the IC submits a complete Interconnection Request Form and requisite fee, the utility shall evaluate the request and inform the IC what utility modifications are required to interconnect the SGF.
1. If the interconnection can be accomplished with minor modifications to the utility system, the IC and the utility may informally agree upon a plan to effectuate the required installations and modifications. The utility shall perform all installations and modifications of the utility system and the IC shall reimburse the utility for the cost of such installations and modifications. The IC shall perform all required modifications to its SGF.
2. Absent an agreement between the parties regarding modifications to the utility system, the interconnection request will be transferred to the Level 2 process or handled according to 20VAC5-314-100 (Disputes) at the IC's option.
D. An IC may begin operation of an SGF when any required modifications or additions as provided for in subsection C of this section are complete and when the following additional requirements are satisfied: ]
[ 2. 1. ] If required by the
utility's tariff, the IC has installed a lockable, utility-accessible, load
breaking manual disconnect switch;
[ 3. 2. ] A licensed
electrician has certified, by signing the Interconnection Request Form, that
any required manual disconnect switch has been installed properly and that the
small generating facility has been installed in accordance with the
manufacturer's specifications as well as all applicable provisions of the
National Electrical Code;
[ 4. 3. ] The vendor of the
SGF has certified on the Interconnection Request Form that the SGF equipment is
in compliance with the requirements established by Underwriters Laboratories or
other national testing laboratories in accordance with IEEE Standard 1547,
Standard for Interconnecting Distributed Resources with Electric Power Systems;
[ 5. 4. ] In the case of a
static inverter-connected SGF with an alternating current capacity in excess of
10 kilowatts, the IC has had the inverter settings inspected by the utility. The
utility may not impose a charge for the inspection;
[ 6. 5. ] In the case of a
nonstatic inverter-connected SGF, the IC has interconnected according to the
utility's interconnection guidelines, and the utility has inspected all
protective equipment settings. The utility may not impose a charge for such
inspection.
[ 6. The IC has paid, or has made arrangements satisfactory to the utility to pay the cost of the SGF metering pursuant to 20VAC5-314-80. ]
7. [ In the case of an An ]
SGF having an alternating current capacity greater than 25 kilowatts
[ , shall meet ] the following [ additional ]
requirements [ shall be met ] before
interconnection may occur:
a. Distribution facilities and customer impact limitations. An SGF shall not be permitted to interconnect to distribution facilities if the interconnection would reasonably lead to damage to any of the utility's facilities or would reasonably lead to voltage regulation or power quality problems at other customer revenue meters due to the incremental effect of the SGF on the performance of the system, unless the IC reimburses the utility for its cost to modify any facilities needed to accommodate the interconnection [ and such modifications are completed ].
b. Secondary, service, and service entrance limitations. The capacity of the SGF shall be less than the capacity of the utility-owned secondary, service, and service entrance cable connected to the point of interconnection, unless the IC reimburses the utility for its cost to modify any facilities needed to accommodate the interconnection [ and such modifications are completed ].
c. Transformer loading limitations. The SGF shall not have the ability to overload the utility's distribution transformer, or any distribution transformer winding, beyond manufacturer or nameplate ratings, unless the IC reimburses the utility for its cost to modify any facilities needed to accommodate the interconnection [ and such modifications are completed ].
d. Integration with utility's grounding. The grounding scheme of the SGF shall comply with the IEEE 1547, Standard for Interconnecting Distributed Resources with Electric Power Systems, and shall be consistent with the grounding scheme used by the utility. If requested by an IC, the utility shall assist the IC in selecting a grounding scheme that coordinates with its distribution system.
e. [ Voltage ] Balance limitation. The SGF shall not create a voltage imbalance of more than 3.0% at any other customer's revenue meter if the utility distribution transformer, with the secondary connected to the point of interconnection, is a three-phase transformer, unless the IC reimburses the utility for its cost to modify any facilities needed to accommodate the interconnection [ and such modifications are completed ].
[ E. Site control documentation must be submitted with the Interconnection Request Form. Any information appearing in public records may not be labeled Confidential. (Confidential information is discussed in 20VAC5-314-110.) Site control may be demonstrated through:
1. Ownership of, a leasehold interest in, or a right to develop a site for the purpose of constructing the SGF;
2. An option to purchase or acquire a leasehold site for such purpose;
3. An exclusive or other business relationship between the IC and the entity having the right to sell, lease, or grant the IC the right to possess or occupy a site for such purpose; or
4. An existing permanent service metered account with the utility at the site and in the name of the IC. ]
[ C. Neither F. Except as otherwise
provided herein, neither ] the utility nor the [ energy
competitive ] service provider shall impose any charges upon an IC
for any interconnection requirements specified by this chapter [ ,
except as may be incurred in providing off-site metering ].
[ D. G. ] The IC shall
immediately notify the utility of any changes in the ownership of, operational
responsibility for, or contact information for the SGF.
[ E. H. ] The utility shall
not be required to maintain an interconnection with an SGF if the SGF or
associated equipment is found to be out of compliance with the codes, standards
[ , ] and certifications applicable to the SGF.
[ I. Any IC that is not able to interconnect under the Level 1 interconnection process may apply for interconnection under the Level 2 process or Level 3 process. ]
20VAC5-314-50. Levels 1 2 and 2 3
interconnection request general requirements.
A. The interconnection customer shall submit it's a
completed Levels 2 and 3 Interconnection Request Form contained in
(Schedule 4 of 20VAC5-314-170 (Schedule 4) to the utility, with the
processing fee or deposit specified in the Interconnection Request Form. The
utility shall provide a copy of the Interconnection Request Form to the
commission's Division of Energy Regulation. The Interconnection Request
Form shall be date- and time-stamped upon receipt by the utility, which.
The date- and time-stamp of a completed Interconnection Request Form shall be
used as the qualifying date- and time-stamp for the purposes of any timetable
in these procedures. The interconnection customer shall be notified of receipt
by the utility within three business days of receiving the interconnection
request, which notification may be to an by US mail, email address
[ , ] or fax number provided by the IC.
The utility shall notify the interconnection customer
within 10 business days of the receipt of the Interconnection Request Form as
to whether the Interconnection Request Form is complete or incomplete. If the
Interconnection Request Form is incomplete, the utility shall provide, along
with the notice that the Interconnection Request Form is incomplete, so
notify the IC, including a written list detailing all information that must be
provided to complete the Interconnection Request Form.
The interconnection customer will shall have 10
business days after receipt of the notice of incomplete information to submit
the listed information or to request an extension of time to provide such
information. If the interconnection customer IC does not provide the
listed information or a request for an extension of time within the deadline,
the Interconnection Request Form will be deemed withdrawn. An
Interconnection Request Form will be deemed complete upon submission of the
listed information to the utility.
The utility shall provide a copy of the final completed date- and time-stamped Interconnection Request Form to the commission's Division of Energy Regulation.
B. Any material modification to machine data or equipment
configuration or to the interconnection site of the small generating facility
as specified in the Interconnection Request Form but not agreed to in writing
by the utility and the interconnection customer IC may be deemed a
withdrawal of the Interconnection Request Form and may require submission of a
new Interconnection Request Form, unless proper notification of each party by
the other and a reasonable time to cure the problems created by the changes are
undertaken.
C. Site control documentation must be submitted with the interconnection
request Interconnection Request Form. Any information appearing in public
records may not be labeled Confidential. (Confidential information is discussed
in 20VAC5-314-110.) Site control may be demonstrated through:
1. Ownership of, a leasehold interest in, or a right to develop a site for the purpose of constructing the small generating facility;
2. An option to purchase or acquire a leasehold site for such purpose;
3. An exclusivity or other business relationship between
the interconnection customer and the entity having the right to sell, lease, or
grant the interconnection customer IC the right to possess or occupy a
site for such purpose.
[ 4. An existing permanent service metered account with the utility at the site and in the name of the IC. ]
D. The utility shall place interconnection requests in
into a [ first come, first served first-come,
first-served ] order per queue that is based on the
interconnection's distribution feeder and per distribution substation.
The queue position shall be based upon the date- and time-stamp of the
completed Interconnection Request Form. The order of each Interconnection
Request Form queue position of an interconnection request will be used to
determine the cost responsibility for the necessary upgrades necessary to
accommodate the interconnection. At the utility's option, interconnection
requests may be studied serially or in clusters for the purpose of the system
impact study.
E. The utility shall not be required to maintain an interconnection with an SGF if the SGF or associated equipment is found to be out of compliance with the codes, standards and certification applicable to the SGF.
20VAC5-314-60. Level 2 interconnection process.
A. The Level 2 interconnection process is available to an
interconnection customer proposing to interconnect a small generating facility
with the utility's distribution utility system if the small
generating facility SGF is no larger than 2 MW and if the
interconnection customer's proposed small generating facility does not
qualify for the Level 1 process, and meets the codes, standards, and
certification requirements of Schedules 2 and 3 in 20VAC5-314-170.
B. Within 15 business days after the utility notifies the interconnection
customer IC it has received a complete interconnection request
Interconnection Request Form, the utility shall perform an initial review using
the screens set forth below [ (20VAC5-314-60 C or 20VAC5-314-60 D,
as applicable) ] and shall notify the interconnection customer
IC of the results [ , ] including copies of the
analysis and data underlying the utility's determinations under the screens.
1. The proposed small generating facility's point of interconnection
must be on a portion of the utility's distribution system that is subject to
the tariff.
C. [ Interconnection Screens for
interconnections ] to radial circuits.
2. 1. For interconnection of a proposed
small generating facility to a radial distribution circuit, the aggregated
generation, including the proposed small generating facility, on the circuit
shall not exceed 15% of the line section's annual peak load as most recently
measured at the substation or calculated for the line segment section. A
line section is that portion of a utility's electric system distribution
circuit connected to a customer that is bounded by automatic sectionalizing
devices or the end of the distribution line circuit.
3. 2. The proposed small generating
facility SGF, in aggregation with other generation on the distribution
circuit, shall not contribute more than 10% to the distribution
circuit's maximum fault current at the point on the distribution feeder
feeder's (primary) voltage (primary) level that is nearest the proposed
point of change of ownership interconnection.
4. 3. The proposed small generating
facility SGF, in aggregate with other generation on the distribution
circuit, shall not cause any distribution protective devices and equipment
(including, but not limited to, substation breakers, fuse fused cutouts,
and line reclosers), or interconnection customer equipment on the system to
exceed 87.5% of the short circuit interrupting capability; nor shall the
interconnection be proposed for permitted on a circuit that already
exceeds where 87.5% of the short circuit interrupting capability is already
exceeded.
5. Using 4. For interconnections to the
distribution primary voltage, use the table below, to determine the acceptable
type of interconnection to a primary distribution line circuit. This
screen includes a review of the type of electrical service provided to the interconnection
customer IC, including line configuration and the transformer connection,
to limit the potential for creating over-voltages on the utility's electric
power distribution system due to a loss of ground during the operating time
of any anti-islanding function.
|
Primary Distribution Line Type |
Type of Interconnection to Primary Distribution Line |
Result/Criteria |
|
Three-phase, three wire |
Three-phase, or single phase, phase-to-phase |
Pass screen |
|
Three-phase, four wire |
Effectively-grounded three phase, or single-phase, line-to-neutral |
Pass screen |
6. 5. If the proposed small generating
facility is to be interconnected on to a single-phase shared secondary,
the aggregate generation capacity on the shared secondary, including the
proposed small generating facility SGF, shall not exceed 20 kW.
7. 6. If the proposed small generating
facility SGF is single-phase and is to be interconnected on a center tap
neutral of a 240 volt service, its addition shall not create an imbalance
between the two sides of the 240 volt service of more than 20% of the nameplate
rating of the service transformer.
8. 7. The small generating facility
SGF, in aggregate with other generation interconnected to the
transmission side of a the substation transformer feeding that
feeds the distribution circuit where the small generating facility SGF
proposes to interconnect, shall not exceed 10 MW in an area where there are
known, or posted, transient stability limitations to generating units located
in the general electrical vicinity (e.g., [ within ] three
or four transmission busses from the point of interconnection).
9. 8. No construction of facilities by the
utility on its own system shall be required to accommodate the small
generating facility SGF [ , except minor modifications ].
C. D. [ Interconnections to ]
distribution systems [ secondary voltage networks (120
volts to 480 volts) Screens for interconnections involving networks ].
1. For interconnection of a proposed small
generating facility to the load side of spot network protectors serving more
than a single customer, the proposed small generating facility SGF must
utilize an inverter-based equipment package and, together with the aggregated
other inverter-based generation, shall not exceed the smaller of 5.0% of a spot
network's maximum load or 300 kW. For spot networks serving a single customer,
the small generating facility SGF must use an inverter-based equipment
package and either meet the requirements above, or shall use a
protection scheme, or operate the generator so as not to exceed on-site load or
otherwise prevent nuisance operation of the spot network protectors.
2. For interconnection of a proposed small generating
facility an SGF to the load side of area network protectors, the proposed
small generating facility SGF must utilize an inverter-based equipment
package and, together with the aggregated other inverter-based generation,
shall not exceed the smaller of 10% of an area network's minimum load, or 500
kW.
[ 3. If the SGF is single-phase, the IC's load net of generation on each phase shall not create an imbalance between the phases of a polyphase service, or if applicable, between each leg of single-phase service.
4. For interconnection of an SGF to a distribution circuit in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (e.g., within three or four transmission busses from the point of interconnection), the SGF, in aggregate with generation interconnected to the transmission side of the substation transformer that feeds the distribution circuit, shall not exceed the following limits:
a. For a distribution circuit that supplies only secondary voltage networks, 30% of the distribution circuit's load.
b. For a distribution circuit not exclusively supplying secondary networks, 10 MW.
5. For interconnection of an SGF to the line side of network protectors:
a. For a distribution circuit that supplies only secondary networks, the interconnection fails the screen.
b. For a distribution circuit not exclusively supplying secondary networks, the interconnections shall be evaluated in accordance with 20VAC5-314-60 C.
6. No construction of facilities by the utility on its own system shall be required to accommodate the SGF. ]
[ 3. 7. ] Notwithstanding
subdivision 1 or 2 of this subsection, each utility may incorporate into its interconnection
standards any change in interconnection guidelines related to networks pursuant
to standards developed under IEEE 1547 for interconnections to networks.
To the extent the any new IEEE standards conflict with this chapter, in
particular IEEE 1547, the new standards shall apply. In addition, and with
the consent of the utility, a small generating facility may be
interconnected consent shall not be unreasonably withheld from an SGF
interconnecting to a spot or area network provided the facility SGF
utilizes a protection scheme that will prevent any power export from the customer's
IC's site including inadvertent export under fault conditions or, and
otherwise prevent nuisance operation of the network protectors.
D. E. If the proposed interconnection
passes the screens, the interconnection request shall be approved and the
utility will provide the interconnection customer an executable interconnection
agreement within 10 five business days after the determination.
E. F. If the proposed interconnection
fails any screens, but the utility determines that the small generating
facility may nevertheless be interconnected consistent with safety,
reliability, and power quality standards, the utility shall provide the interconnection
customer IC an executable interconnection agreement within five business
days after the determination.
F. G. If the proposed interconnection
fails the any screens, but the utility does not or cannot determine from
the initial review that the small generating facility SGF may
nevertheless be interconnected consistent with safety, reliability, and power
quality standards, unless the interconnection customer IC is willing to
consider minor modifications or further study, the utility shall provide the interconnection
customer IC with the opportunity to attend a customer options meeting.
G. H. If the utility determines [ that ]
the Interconnection Request Form interconnection cannot be approved
without minor modifications at minimal cost; a supplemental [ study
review ] or other [ additional ] studies
or actions; or [ modifications or installations ] at
significant cost to address safety, reliability, or power quality problems, within
the five business day period after the determination, the utility shall
notify the interconnection customer IC and provide copies of the data
and analyses underlying its conclusion within five business days after
determination. Within 10 business days of the utility's determination,
the utility shall offer to convene a customer options meeting with the
utility to review possible interconnection customer IC facility
modifications, or the screen analysis and related results, to determine what
further steps are needed to permit the small generating facility SGF to
be connected safely and reliably. At the time of notification of the utility's
determination, or at the customer options meeting, the utility shall:
1. Offer to perform facility modifications or minor
modifications to the [ utility's electric utility ]
system (e.g., changing meters, fuses, [ and ] relay
settings) and provide a nonbinding good faith an estimate of the limited
cost to make such modifications to the [ utility's electric
utility ] system;
2. Offer to perform a supplemental review if the utility
concludes that the supplemental review might determine that the small
generating facility SGF could continue to qualify for interconnection
pursuant to the fast track Level 2 process, and provide a nonbinding
good faith an estimate of the costs and time of such review; or
3. Obtain the interconnection customer's agreement
Offer to continue evaluating the interconnection request, but under the Level 3
study interconnection process.
H. I. Supplemental review. If the
interconnection customer agrees to a supplemental review, is offered
to the interconnection customer shall agree in writing within 15 business
days of the offer and submit a deposit for the estimated costs provided in
subdivision G 2 of this section and the IC agrees to the supplemental
review, the utility shall, within 10 business days of the request, provide to
the IC an appropriate supplemental review agreement. To maintain its position
in the utility's interconnection queue, the IC must execute the supplemental
review agreement and return it to the utility, along with a deposit for the
estimated cost of the supplemental review, within 15 business days after
receipt of the agreement. If the IC fails to return the executed supplemental
review agreement along with the deposit within 15 business days after receipt,
the interconnection request shall be deemed withdrawn and shall lose its place
in the utility's interconnection queue.
The interconnection customer IC shall be
responsible for the utility's actual costs for of conducting the
supplemental review. The interconnection customer IC shall pay any
review costs that exceed the deposit within 20 30 business days of
receipt of the invoice or resolution of any dispute. If the deposit exceeds the
invoiced costs, the utility will return such excess within 20 30 business
days of the invoice without interest.
Within 10 business days following receipt of the
supplemental review agreement and deposit for a supplemental review, the
utility will determine if the small generating facility SGF can be
interconnected safely and reliably.
1. If so, and if the supplemental review reveals that no
[ modification modifications ] are required
to the [ customer's IC's ] interconnection
facilities, or to the system, or to an affected system, the utility shall
forward an executable [ interconnection agreement
SGIA ] to the interconnection customer within five business days
after the determination.
2. If so, and interconnection customer facility
[ the customer's interconnection facilities ] modifications
are required to [ the IC's interconnection facilities that ]
allow the small generating facility SGF to be interconnected
consistent with safety, reliability, and power quality standards under these
procedures, the utility shall forward an executable [ interconnection
agreement SGIA ] to the interconnection customer
IC within five business days after confirmation that the interconnection
customer IC has agreed to make the necessary changes at the interconnection
customer's IC's cost.
3. If so, and minor modifications to the [ utility's
electric utility ] system are required to allow the small
generating facility SGF to be interconnected consistent with safety,
reliability, and power quality standards under [ the Level 2
process these procedures ], the utility shall
[ , within 10 business days after the determination, ] forward
an executable [ interconnection agreement SGIA ]
to the interconnection customer IC [ within 10
business days after the determination ] that requires the interconnection
customer IC to pay the costs of such system modifications prior to
interconnection.
4. If not, the interconnection request will continue to
be evaluated under elevated to the Level 3 study interconnection
process.
[ Interconnection may occur when, as may be required under the applicable subdivisions 1, 2, or 3 of this subsection, the SGIA is fully executed and returned to the utility, the IC has made required payments to the utility, and required modifications are complete. If subdivision I 4 of this section is applicable, interconnection shall occur in accordance with the Level 3 interconnection process.
J. Small generating facilities of 500 kW or less. For an SGF of 500 kW or less, the requirements in this section shall be deemed satisfied when: (i) an Interconnection Request Form as required under 20VAC5-314-40 B is properly completed and all of the certifications and acknowledgements required in Sections 5, 6, and 7 of the Interconnection Request Form are affixed and (ii) the IC and the utility have exchanged appropriate written commitments to effect the necessary installations and modifications to the SGF and the utility system. The timing of such commitments shall follow the timing prescribed in this section. ]
20VAC5-314-70. Level 3 interconnection process.
A. The Level 3 interconnection process shall be used by an
IC interconnection customer proposing to interconnect a small generating
facility with the utility's distribution utility system if the small
generating facility SGF is (i) larger than 2 MW but no larger than
20 MW, (ii) not certified, or (iii) certified but did and does not pass
or qualify for the Level 1 or Level 2 interconnection process processes.
A study process consisting of As needed, a scoping meeting, feasibility
study, system impact study, and facilities study shall precede the preparation
of an interconnection agreement a Small Generator Interconnection
Agreement (Schedule 6 of 20VAC5-314-170). Feasibility studies, scoping
studies, and facility Any of the studies may be combined for simpler projects
by mutual agreement of the utility and the parties.
B. Scoping study meeting.
1. A scoping meeting will be held within 10 business days
after the interconnection request Interconnection Request Form is deemed
complete, or as otherwise mutually agreed to by the parties. The utility and
the interconnection customer IC shall bring to the meeting personnel,
including system engineers and other resources as may be reasonably required to
accomplish the purpose of the meeting.
2. The purpose of the scoping meeting is to discuss the
interconnection request. The parties shall further discuss whether
the utility should perform a feasibility study or proceed directly to a
system impact study, or a facilities study, or an interconnection agreement
the studies and the cost responsibilities for the studies. If the parties
agree that a feasibility study should be performed, the utility shall provide
the interconnection customer, as soon as possible, but not later than five
business days after the scoping meeting, a feasibility study agreement
including an outline of the scope of the study and a nonbinding good faith
estimate of the cost to perform the study.
3. The scoping meeting may be omitted by mutual agreement. In
order to remain in consideration for interconnection, an interconnection
customer who has requested a feasibility study must return the executed
feasibility study agreement within 15 business days. If the parties agree not
to perform a feasibility study, the utility shall provide the interconnection
customer, no later than five business days after the scoping meeting, a system
impact study agreement including an outline of the scope of the study and a
nonbinding good faith estimate of the cost to perform the study.
C. Feasibility study.
1. If the parties agree that a feasibility study should be performed, the utility shall provide the IC with a feasibility study agreement, including an outline of the scope of the feasibility study and an estimate of the cost to perform the study no later than five business days after the scoping meeting or five business days after the decision is made to not have a scoping meeting [ and otherwise pursuant to subsection D of this section ].
If the parties agree to not perform a feasibility study, the utility shall provide the IC a system impact study agreement including an outline of the scope of the study and an estimate of the cost to perform the study no later than five business days after the scoping meeting, or five business days after the decision is made to not have a scoping meeting.
2. To maintain its position in the utility's interconnection queue, the IC must execute the feasibility study agreement and return it to the utility along with the deposit for the feasibility study within 15 business days after receipt of the agreement. If the IC fails to return the executed feasibility study agreement along with the deposit within 15 business days after receipt of the agreement, the interconnection request shall be deemed withdrawn and the interconnection request shall lose its place in the utility's interconnection queue.
1. 3. A feasibility study shall identify any
potential adverse system impacts that would result from the interconnection of
the small generating facility SGF.
2. 4. A deposit of the lesser of no
more than 50% of the good faith estimated feasibility study costs or
earnest money of $1,000 may be required from the interconnection customer.
a. Any study fees Study costs shall be based on
the distribution company's utility's actual incremental costs and will
be invoiced to the interconnection customer IC after the study is
completed and delivered and will include a summary of professional time.
b. The interconnection customer must IC shall pay any
study costs that exceed the deposit without interest within 30 calendar days on
receipt of the invoice or resolution of any dispute. If the deposit exceeds the
invoiced fees, the distribution company utility shall refund such excess
within 30 calendar days of the invoice without interest.
3. 5. The feasibility study shall be based on
the technical information provided by the interconnection customer IC in
the interconnection request Interconnection Request Form, as may be
modified as the result of the scoping meeting. The distribution company
utility reserves the right to request additional technical information from the
interconnection customer IC as may reasonably become necessary
consistent with Good Utility Practice during the course of the feasibility
study and as designated in accordance with the standard small generator
interconnection procedures. All modification made to the interconnection
request shall be made in writing to the utility. If the interconnection
customer modifies its interconnection request, the time to complete the
feasibility study may be extended by agreement of the parties.
4. 6. In performing the feasibility study,
the distribution company utility shall rely, to the extent reasonably
practicable, on recent studies. The interconnection customer IC
shall not be charged for such existing studies; however, the interconnection
customer IC shall be responsible for charges associated with any new study
or modifications to existing studies that are reasonably necessary to perform
the feasibility study.
5. 7. The feasibility study report shall
provide the following analyses for the purpose of identifying any potential
adverse system impacts that would result from the interconnection of the small
generating facility as proposed SGF:
a. Initial identification of any circuit breaker short
circuit capability limits exceeded as a result of the interconnection;
b. Initial identification of any thermal overload or
voltage limit violations resulting from the interconnection;
c. Initial review of grounding requirements and electric system protection; and
d. Description and nonbonding estimated cost of
facilities and estimated construction time required to interconnect the proposed
small generating facility SGF and to address the identified short circuit
and power flow issues.
6. 8. The feasibility study shall model the
impact of the small generating facility regardless of purpose SGF for
all purposes identified in the Interconnection Request Form in order to avoid
the further expense and interruption of operation for reexamination of
feasibility and impacts if the interconnection customer IC later changes
the purpose for which the small generating facility SGF is being
installed.
7. 9. The feasibility study shall include the
feasibility of any interconnection at a proposed project site where there
could be multiple all potential points of interconnection, as requested by
the interconnection customer IC and at the interconnection customer's
IC's cost.
8. Once the feasibility study is completed, a
10. A feasibility study report shall be prepared and transmitted to the interconnection
customer. Barring unusual circumstances, the feasibility study must be
completed and the feasibility study report transmitted IC within 30
business days of the interconnection customer's agreement to conduct
a feasibility study utility's receipt of the complete executed feasibility
study agreement and required deposit.
9. 11. If the feasibility study shows no
potential for adverse system impacts, then within five business days the
utility shall send the interconnection customer IC either an executable
Small Generator Interconnection Agreement (Schedule 5, 20VAC5-314-170) or a
facilities study agreement, including an outline of the scope of the study and a
nonbinding good faith an estimate of the cost to perform the study.
10. 12. If the feasibility study shows the
potential for adverse system impacts, the review process shall proceed to the appropriate
system impact study or studies.
D. System impact study.
1. No later than five business days after the parties agree that a system impact study should be performed, the utility shall provide the IC a system impact study agreement including an outline of the scope of the system impact study and an estimate of the cost to perform the study.
2. To maintain its position in the utility's interconnection queue, the IC must execute the system impact study agreement and return it to the utility along with the deposit for the system impact study within 15 business days after receipt of the agreement. If the IC fails to return the executed system impact study agreement along with the deposit within 15 business days after receipt of the agreement, the interconnection request shall be deemed withdrawn and the interconnection request shall lose its place in the utility's interconnection queue.
3. A deposit equal to the estimated cost of a system impact study may be required from the IC.
a. Study cost shall be the utility's actual incremental costs and will be invoiced to the IC after the study is completed and delivered and will include a summary of professional time.
b. The IC shall pay any study costs that exceed the deposit within 30 calendar days on receipt of the invoice or resolution of any dispute. If the deposit exceeds the invoiced fees, the utility shall refund the excess within 30 calendar days of the invoice without interest.
1. 4. A system impact study shall identify
and detail the electric system impacts that would result if the proposed
small generating facility SGF were interconnected without project
modifications or electric system modifications, focusing on the adverse
electric system impacts identified in the feasibility study, or to study
potential impacts, including but not limited to those identified in the
scoping meeting. A system impact study shall evaluate the impact of the
proposed interconnection on the reliability of the electric system.
2. 5. A system impact study will be based
upon the results of the feasibility study and the technical information
provided by the interconnection customer in the interconnection request. The distribution
company utility reserves the right to request additional technical
information from the interconnection customer IC as may reasonably
become necessary consistent with Good Utility Practice during the course of the
system impact study. If the interconnection customer IC modifies
its designated point of interconnection, or interconnection request, or the
technical information provided therein is modified, the time to complete
the system impact study may be extended.
3. 6. A system impact study shall consist of
a study of the potentially impacted transmission and distribution systems, a
short circuit analysis, a stability analysis, a power flow analysis, voltage
drop and flicker studies, protection and set point coordination studies, and
grounding reviews, distribution load flow study, analysis of equipment
interrupting ratings, protection coordination study, and impacts on electric
system operation, as necessary. A system impact study shall state the
assumptions upon which it is based, state the results of the analyses, and
provide the requirement or potential impediments to providing the requested
interconnection service, including a preliminary indication of the cost and
length of time that would be necessary to correct any problems identified in
those analyses and implement the interconnection. A system impact study shall
provide a list of facilities and modifications that are would be required
as a result of the interconnection request and nonbinding good faith
along with estimates of cost responsibility and time to construct. If arranged
with the utility prior to the utility preparing the system impact study
agreement, the system impact study may, at the IC's cost, include one or more
alternatives to the point of interconnection; however, such alternative points
must be on the same distribution circuit as the point of interconnection the IC
specified as the proposed point of interconnection.
4. A distribution system impact study shall incorporate
a distribution load flow study, an analysis of equipment interrupting ratings,
protection coordination study, voltage drop and flicker studies, protection and
set point coordination studies, grounding reviews, and the impact on electric
system operation, as necessary.
5. 7. Affected systems may participate in the
preparation of a system impact study, with a division of costs among such
entities as they may agree. All affected systems shall be afforded an
opportunity to review and comment upon a system impact study that covers
potential adverse system impacts on their electric systems, and the distribution
company utility has 20 additional business days to complete a system impact
study requiring review by affected systems.
6. 8. If the utility uses a queuing procedure
for sorting or prioritizing projects and their associated cost responsibilities
for any required network upgrades, the system impact study shall consider all
generating facilities (and with respect to clause iii below, any identified
upgrades associated with such higher queued interconnection) that, on the date
the system impact study is commenced are: (i) directly interconnected with the distribution
company's electric utility system; or (ii) interconnected with affected
systems and may have an impact on the proposed interconnection; and (iii) have
a pending higher queued interconnection request to interconnect with the utility's
electric utility system.
7. 9. A distribution system impact
study, if required, shall be completed and the results transmitted to the interconnection
customer IC within 30 45 business days after an agreement is signed
by the parties. A transmission system impact study, if required, shall be
completed and the results transmitted to the interconnection customer within 45
business days after an agreement is signed by the parties, or in accordance
with the utility's queuing procedures.
8. A deposit of the equivalent of the good faith
estimated cost of a distribution system impact study and one-half of the good
faith estimated cost of a transmission system impact study may be required from
the interconnection customer.
9. Any study fees shall be based on the utility's actual
costs and will be invoiced to the interconnection customer after the study is
completed and delivered and will include a summary of professional time.
10. The interconnection customer shall pay any study
costs that exceed the deposit within 30 calendar days on receipt of the invoice
or resolution of any dispute. If the deposit exceeds the invoiced fees, the
utility shall refund such excess within 30 calendar days of the invoice.
Interest shall not apply.
11. If no transmission system impact study is required, adverse
distribution system impacts are identified in the scoping meeting or shown in
the feasibility study, a distribution system impact study shall be performed.
The utility shall send the interconnection customer a distribution system
impact study agreement within 15 business days of transmittal of the
feasibility study report, including an outline of the scope of the study and a
nonbinding good faith estimate of the cost to perform the study, or following
the scoping meeting if no feasibility study is to be performed.
12. In instances where the feasibility study or the
distribution system impact study shows potential for transmission system
adverse system impacts, within five business days following transmittal of the
feasibility study report, the utility shall send the interconnection customer a
transmission system impact study agreement, including an outline of the scope
of the study and a nonbinding good faith estimate of the cost to perform the
study, if such a study is required.
13. If a transmission system impact study is not
required, but adverse distribution system impacts are shown by the feasibility
study to be possible and no distribution system impact study has been
conducted, the utility shall send the interconnection customer a distribution system
impact study agreement.
14. If the feasibility study shows no potential for
transmission system or distribution system adverse impacts, the utility shall
send the interconnection customer either an executable Small Generator
Interconnection Agreement (SGIA) included in this chapter as Schedule 5 in
20VAC5-314-170, or a facilities study agreement, including an outline of the
scope of the study and a nonbinding good faith estimate of the cost to perform
the study, as applicable.
15. In order to remain under consideration for
interconnection, the interconnection customer shall return executed system
impact study agreements, if applicable, within 30 business days.
10. If the system impact study shows that facility modifications are needed to accommodate the SGF, then within five business days following transmittal of the system impact study report, the utility shall send the IC a facilities study agreement, including an outline of the scope of the study and an estimate of the cost to perform the study.
E. Facilities study.
1. Once the required system impact study (or studies) is
completed, a system impact study report shall be prepared and transmitted to
the interconnection customer along with a facilities study agreement within
five business days, including an outline of the scope of the study and a
nonbinding good faith estimate of the cost to perform the facilities study. In
the case where one or both impact studies are determined to be unnecessary, a
notice of the fact shall be transmitted to the interconnection customer within
the same timeframe. The facilities study shall specify and estimate the
cost of the equipment, engineering, procurement, and construction work needed
to implement the conclusion of the feasibility and/or system impact study and
to allow SGF to be interconnected and operate safely and reliably.
2. In order to remain under consideration for
interconnection, or, as appropriate, in the utility's interconnection queue,
the interconnection customer shall provide the following information, or a
request for an extension of time within 30 business days, and the facilities
study shall be based on the responses of the IC to the following queries:
a. Provide a location plan and simplified one-line
diagram of the plant and station facilities. For staged projects, please
indicate future generation, transmission circuits, etc. On the one-line
diagram, indicate the generation capacity attached at each metering location.
(Maximum load on CT (current transformer)/PT (partial transformer) On the
one-line diagram, indicate the location of auxiliary power. (Minimum load on
CT/PT) Amps
b. One set of metering is required for each generation
connection to the new ring bus or existing distribution company station.
Number of generation connections: _____________________
c. Will an alternate source of auxiliary power be
available during CT/PT maintenance?
Yes ___________ No ___________
d. Will a transfer bus on the generation side of the
metering require that each meter set be designed for the total plant generation?
Yes ___________ No ___________ (Please indicate on the
one-line diagram).
e. What type of control system or Programmable Logic
Controller (PLC) will be located at the small generating facility?
______________________________________________
f. What protocol does the control system or PLC use?
______________________________________________
g. Provide a 7.5-minute quadrangle map of the site.
Indicate the plant, station, transmission line, and property lines.
h. Physical dimensions of the proposed interconnection
station: ______________________________________________
i. Bus length from generation to interconnection
station: ______________________________
j. Line length from interconnection station to utility's
transmission system. ________________________________________
k. Tower number observed in the field. (Painted on tower
leg)*: ______________________________________________
l. Number of third party easements required for
transmission lines*: _____________________________________________
*To be completed in coordination with distribution
company.
m. Is the small generating facility located in utility's
service area?Yes ___________ No___________;
If No, please provide name of local provider:
______________________________________________
n. Please provide the
following proposed schedule dates:
Begin Construction Date:____________________________
Generator step-up transformers receive back feed power
date: ___________________
Generation Testing Date:____________________________
Commercial Operation Date:_________________________
3. The facilities study shall specify and estimate the
cost of the equipment, engineering, procurement, and construction work
(including overheads) needed to implement the conclusions of the system impact
study or studies.
4. A deposit of the good faith estimated facilities
study costs may be required from the interconnection customer.
5. Any study fees shall be based on the distribution
company's actual costs and will be invoiced to the interconnection customer
after the study is completed and delivered and will include a summary of
professional time.
6. The interconnection customer shall pay any study
costs that exceed the deposit within 30 calendar days on receipt of the invoice
or resolution of any dispute. If the deposit exceeds the invoiced fees, the
distribution company shall refund such excess within 30 calendar days of the
invoice. Interest shall not apply.
2. To maintain its position in the utility's interconnection queue, the IC must execute the facilities study agreement and return it to the utility along with a completed Facilities Study Information Form (Schedule 5, 20VAC5-314-170) and deposit for the facilities study within 30 business days after receipt of the agreement, unless an extension has been agreed to with the utility. Otherwise, the interconnection request shall be deemed withdrawn and the interconnection request shall lose its place in the utility's interconnection queue.
3. A deposit equal to the estimated cost of a facilities study may be required from the IC.
a. Study cost shall be the utility's actual incremental costs and will be invoiced to the IC after the study is completed and delivered and will include a summary of professional time.
b. The IC shall pay any study costs that exceed the deposit within 30 calendar days after receipt of the invoice or resolution of any dispute. If the deposit exceeds the invoiced fees, the utility shall refund the excess within 30 calendar days of the invoice without interest.
7. 4. Design for any required customer's
interconnection facilities, attachment facilities, and/or upgrades shall be
performed under the facilities study agreement. The utility may contract
with consultants to perform activities required under the facilities study agreement.
The interconnection customer IC and the utility may agree to allow the interconnection
customer IC to separately arrange for the design of some of the customer's
interconnection facilities. In such cases, facilities design will be reviewed
and/or modified prior to acceptance by the utility, under the provisions of the
facilities study agreement. If the parties agree to separately arrange
for design and construction, and provided security and confidentiality
requirements can be met, the utility shall make sufficient information
available to the interconnection customer IC in accordance with
confidentiality and critical infrastructure requirements, to permit the interconnection
customer IC to obtain an independent design and cost estimate for any
necessary facilities.
8. 5. The facilities study shall specify
and estimate the cost of the equipment, engineering, procurement and
construction work (including overheads) needed to implement the conclusions of
the system impact study or studies. The facilities study shall also identify
(i) the electrical switching configuration of the equipment, including, without
limitation, transformer, switchgear, meters, and other station equipment, (ii)
the nature and estimated cost of the utility's interconnection
attachment facilities and distribution upgrades necessary to accomplish the
interconnection, and (iii) an estimate of the time required to complete the
construction and installation of such facilities.
9. 6. The utility may propose to group
facilities required for more than one interconnection customer IC in
order to minimize facilities costs through economies of scale, but any interconnection
customer IC may require the installation of facilities required for its own
small generating facility if it is willing to pay pays the costs of
those facilities.
10. Once the facilities study is completed, a facilities
study report shall be prepared and transmitted to the interconnection customer.
Barring unusual circumstances, the facilities study must be completed and the
facilities study report transmitted within 30 business days of the
interconnection customer's agreement to conduct a facilities study 11. In cases
where upgrades are required, the facilities study must be completed within 45
business days of the receipt of this facilities study agreement. In cases where
no upgrades are necessary, and the required facilities are limited to
interconnection facilities, the facilities study must be completed within 30
business days.
7. In cases where system upgrades are required, the utility shall transmit the facilities study report within 45 business days after receipt of the complete facilities study agreement, Facilities Study Information Form, and the deposit. In cases where no system upgrades are necessary, and the required facilities are limited to customer's interconnection facilities and attachment facilities only, the utility shall transmit the facilities study report within 30 business days after receipt of the complete facilities study agreement, Facilities Study Information Form and the deposit.
F. Interconnection agreement Small Generator
Interconnection Agreement.
1. Upon completion of the facilities study, and with the
agreement of the interconnection customer to pay for interconnection facilities
and upgrades identified in the facilities study, the utility shall provide the
interconnection customer an executable SGIA within five business days
Within five business days after transmittal of the final study (i.e. the
facilities study, or if applicable, a combined study that satisfies all study
requirements), the utility shall provide the interconnection customer an
executable SGIA (Schedule 6, 20VAC5-314-170).
2. After receiving an interconnection agreement the
SGIA from the utility, the interconnection customer IC shall have 30
business days or another mutually agreeable time frame deadline, to sign
and return the interconnection agreement, or request that the utility file
an unexecuted interconnection agreement with the commission SGIA. If
the interconnection customer IC does not sign return the interconnection
agreement, or ask that it be filed unexecuted by the utility within 30
business days SGIA within the deadline, the interconnection request shall
be deemed withdrawn and the IC shall lose its place in the utility's queue.
After the interconnection agreement SGIA is signed by the parties, the
interconnection of the small generating facility SGF shall proceed under
the provisions of the SGIA.
20VAC5-314-80. Interconnection metering.
Any metering [ , including telemetering, ]
necessitated by the use of the small generating facility [ and
any additional utility metering requested by the interconnection customer and
agreed to by the utility ] shall be [ installed
provided by the utility ] at the [ interconnection
customer's IC's ] expense in accordance with commission
requirements or the utility's specifications. [ The IC shall be
responsible for the utility's reasonable and necessary cost for the purchase,
installation, operation, maintenance, testing, repair, and replacement of
metering and telemetering equipment. ]
20VAC5-314-90. Commissioning tests.
Commissioning tests of the interconnection customer's
installed equipment shall be performed pursuant to applicable codes and
standards, including IEEE 1547.1 2005 "IEEE Standard Conformance Test
Procedures for Equipment Interconnecting Distributed Resources with Electric
Power Systems." The utility shall be given at least five business days
written notice, or notice as otherwise mutually agreed to by the parties, of
the tests and may the utility shall be allowed to be present to witness
the commissioning tests. The utility shall not be compensated by the interconnection
customer IC for its expense in witnessing Level 2 and Level 3
commissioning tests.
20VAC5-314-100. Disputes.
A. The parties agree to attempt to resolve all disputes arising out of the interconnection process according to the provisions of this section.
B. In the event of a dispute, either party shall provide the
other party with a written notice of dispute. The notice shall describe in
detail the nature of the dispute. If the dispute has not been resolved
within five business days after receipt of the notice, either party may contact
a mutually agreed upon third party dispute resolution service for assistance in
resolving the dispute The parties shall make a good faith effort to resolve
the dispute informally within 10 business days.
C. If the dispute has not been resolved within 10 business
days after receipt of the notice, either party may seek resolution assistance
from the commission’s Division of Energy Regulation where the matter will be
handled as an informal complaint. [ If that process is
unsatisfactory, either party may petition the commission to handle the dispute
as a formal complaint. ]
Alternatively, the parties may [ , upon mutual
agreement, ] seek resolution through the assistance of a dispute
resolution service. The dispute resolution service will assist the parties in
either resolving the dispute or in selecting an appropriate dispute resolution
venue (e.g., mediation, settlement judge, early neutral evaluation, or
technical expert) to assist the parties in resolving their dispute. Each party
[ agrees to shall ] conduct all negotiations
in good faith and [ will shall ] be
responsible for [ one half one-half ] of
any costs paid to neutral third parties.
D. Each party agrees to conduct all negotiations in
good faith and will be responsible for 1/2 of any costs paid to neutral third
parties.
E. D. If neither party elects to seek
assistance from the dispute resolution service, or if the [ attempted
dispute resolution fails to satisfy one or both of the parties, then
the dispute remains unresolved ] either party may [ petition
the commission to handle the dispute as a formal complaint or may ] exercise
whatever rights and remedies it may have in equity or law [ consistent
with the terms of the ] agreements between the parties or it
may seek resolution at the commission [ agreement ].
20VAC5-314-110. Confidential information.
A. Confidential information shall mean any confidential
and/or proprietary information provided by one party to the other party that is
clearly marked or otherwise designated "Confidential." All design,
operating specifications, and metering data provided by the interconnection
customer IC shall be deemed confidential information regardless of whether
it is clearly marked or otherwise designated as such.
B. Confidential information does not include information previously in the public domain, required to be publicly submitted or divulged by governmental authorities (after notice to the other party and after exhausting any opportunity to oppose such publication or release), or necessary to be divulged in an action to enforce an agreement between the parties. Each party receiving confidential information shall hold such information in confidence and shall not disclose it to any third party nor to the public without the prior written authorization from the party providing that information, except to fulfill obligations under agreements between the parties, or to fulfill legal or regulatory requirements.
1. Each party shall employ at least the same standard of care to protect confidential information obtained from the other party as it employs to protect its own confidential information.
2. Each party is entitled to equitable relief, by injunction or otherwise, to enforce its rights under this section to prevent the release of confidential information without bond or proof of damages, and may seek other remedies available at law or in equity for breach of this provision.
C. Notwithstanding anything in this chapter to the
contrary, if the commission, during the course of an investigation or
otherwise, requests information from one of the parties that is otherwise
required to be maintained in confidence, the party shall provide the requested
information to the commission, within the time provided for in the request for
information. In providing the information to the commission, the party may
request that the information be treated as confidential and nonpublic by the
commission and that the information be withheld from public disclosure. Parties
are prohibited from notifying the other party prior to the release of the
confidential information to the commission. The party shall notify the other
party when it is notified by the commission that a request to release
confidential information has been received by the commission, at which time
either of the parties may respond before such information would be made public.
[ A party shall notify the other party when it is notified by the
commission that a request to release confidential information has been received
by the commission, at which time either party may respond to the commission
before such information would be made public. ]
20VAC5-314-120. Comparability Equal treatment.
The utility shall receive, process, and analyze all
interconnection requests in a timely manner as set forth in this chapter. The
utility shall use the same reasonable efforts in processing and analyzing
interconnection requests from all Interconnection customers, whether the small
generating facility SGF is owned or operated by the utility, its
subsidiaries or affiliates, or others.
20VAC5-314-130. Record retention.
The utility shall maintain, subject to audit, records for three years of (i) all interconnection requests received pursuant to this chapter, (ii) the times required to complete interconnection request approvals and disapprovals, and (iii) justification for the actions taken on the interconnection requests.
20VAC5-314-140. Coordination with affected systems.
The utility shall coordinate the conduct of any studies
required to determine the impact of the interconnection request small
generating facility on affected systems with affected system operators and, if
possible, include those results (if available) in its applicable
interconnection study studies within the time frame specified in this
chapter. The utility will include such affected system operators in all meetings
held with the interconnection customer IC as required by this chapter.
The interconnection customer IC shall cooperate with the utility in all
matters related to the conduct of studies and the determination of
modifications to affected systems. A utility which that may be an
affected system shall cooperate with the utility with whom which
interconnection has been requested in all matters related to the conduct of
studies and the determination of modifications to affected systems. The utility
owning or operating the system to which the IC desires to interconnect shall
not be held responsible or liable for any delays in the interconnection process
attributable to the lack of information or cooperation from the owners or
operators of affected systems.
20VAC5-314-150. Capacity of the small generating facility.
A. If the interconnection request is for an increase in
capacity for an existing small generating facility, the interconnection request
shall be evaluated on the basis of the new total capacity of the small
generating facility SGF.
B. If the interconnection request is for a small
generating facility SGF that includes multiple energy production devices at
a site for which the interconnection customer seeks a single point of
interconnection, the interconnection request shall be evaluated on the basis of
the aggregate capacity of the multiple devices.
C. The interconnection request shall be evaluated using
the maximum rated capacity of the small generating facility SGF.
20VAC5-314-160. Insurance.
A. For systems of 500 kW or less a small generating
facility with a rated capacity not exceeding 10 kW, the IC, at its own expense,
shall secure and maintain in effect during the term of the agreement liability
insurance with a combined single limit for bodily injury and property damage of
not less than $300,000 $100,000 for each occurrence.
For an SGF with a rated capacity exceeding 10 kW but not exceeding 500 kW, the IC, at its own expense, shall secure and maintain in effect during the term of the agreement liability insurance with a combined single limit for bodily injury and property damage of not less than $300,000 for each occurrence.
For systems greater than an SGF with a rated
capacity exceeding 500 kW but smaller than not exceeding 2 MW, the IC, at
its own expense, shall secure and maintain in effect during the term of the
agreement liability insurance with a combined single limit for bodily injury
and property damage of not less than $2 million for each occurrence. Insurance
coverage for systems greater than an SGF with a rated capacity exceeding
2 MW shall be determined on a case-by-case basis by the utility and
shall reflect the size of the installation and the potential for system damage.
[ B. Except for those photovoltaic inverter-based
systems installed on a residential premise that have a design rated capacity of
500 kW or less, the utility shall be named as an additional insured by
endorsement to the insurance policy and the policy shall provide that written
notice be given to the utility at least 30 days prior to any cancellation or
reduction of any coverage. Such liability insurance shall provide, by
endorsement to the policy, that the utility shall not by reason of its
inclusion as an additional insured incur liability to the insurance carrier for
the payment of premium of such insurance. For all photovoltaic inverter-based
systems, the liability insurance shall not exclude coverage for any incident
related to the subject generator or its operation.
C. B. ] Certificates of
insurance evidencing the requisite coverage and provision shall be furnished to
a the utility prior to the date of interconnection of the small
generating facility SGF. Utilities The utility shall be permitted to
periodically obtain proof of current insurance coverage [ form
from ] the producer IC in order to verify continuing proper
liability insurance coverage. The IC will not be allowed to commence or
continue interconnected operations unless evidence is provided that satisfactory
required insurance coverage is in effect at all times.
20VAC5-314-170. Schedules for Chapter 314.
The following schedules shall be used in the administration of this chapter.
Schedule 1
LEVEL 1 INTERCONNECTION REQUEST FORM FOR SMALL GENERATING
FACILITY LESS THAN NOT EXCEEDING 500 kW
PURSUANT TO 20VAC5-314-40 OF THE COMMISSION'S REGULATIONS
GOVERNING INTERCONNECTION OF SMALL [ ELECTRIC
ELECTRICAL ] GENERATORS, APPLICANT HEREBY GIVES NOTICE OF INTENT TO
OPERATE A GENERATING FACILITY.
Section 1. Applicant Interconnection Customer
Information
Name:___________________________________________________________ |
Mailing Address:___________________________________________________ |
City, State, Zip:_____________________________________________________ |
Street Address:____________________________________________________ |
City, State, Zip:____________________________________________________ |
Phone Number(s):__________________________________________________ |
Fax Number:______________________ Email |
|
|
|
[ |
|
Proposed Interconnection Date:_______________________________________ |
Section 2. Processing Fee [ or Deposit ]
The nonrefundable processing fee payable to the utility is $100.
Section 2. 3. Small Generating Facility
Information
|
SGF owner:_____________________________________________________ |
SGF operator:___________________________________________________ |
Business relationship to applicant:____________________________________ |
Mailing address:__________________________________________________ |
City, State, Zip:__________________________________________________ |
|
City, State, Zip:__________________________________________________ |
Phone Number(s):________________________________________________ |
Fax Number:_________________________ Email |
Fuel Type:______________________________________________________ |
Generator Manufacturer and Model:___________________________________ |
Rated Capacity in kilowatts: AC:_________________________ DC:________ |
Inverter Manufacturer and Model:_____________________________________ |
Battery Backup |
[ Facility schematic and equipment layout must be attached to this form. ]
Section |
|||
Is the proposed generator inverter based? Yes ____ No ____ |
|||
Generator Type |
Induction |
Synchronous |
|
Frequency: ____________ Hz; Number of phases |
Three___ |
||
Rated Capacity: DC _________ [ |
|||
Power factor ____________%; AC voltage _________; AC amperage___________ |
|||
Facility schematic and equipment layout must be attached to this form. |
|||
Section 4. 5. Vendor Certification
The |
Signed (Vendor):____________________________________ Date:_________ |
Name (printed):___________________________________________________ |
Company:_______________________________________________________ |
Phone Number:___________________________________________________ |
Mailing Address:__________________________________________________ |
City, State, Zip:_____________________________________________________ |
Section 5 6. Electrician Certification
The |
Signed (Licensed Electrician):__________________________ Date:_________ |
Name (printed):___________________________________________________ |
License Number:__________________________ Phone Number:___________ |
Mailing Address:__________________________________________________ |
City, State, Zip:____________________________________________________ |
|
|
Section 7. Applicant Signature |
I hereby certify that, to the best of my knowledge, all of the information provided in this Request Form is true and correct. |
Signature of Applicant:___________________________________________ |
Date:________________________ |
Section 8. Utility Acknowledgement of Receipt |
Signed:_______________________________________________________ |
Title:_________________________________________________________ |
Utility:________________________________________________________ |
Date:______________________________ |
Utility signature signifies only receipt of this form, in compliance with 20VAC5-314-40, the State Corporation Commission's Regulations Governing Interconnection of Small Electrical Generators. |
Schedule 2
Certification of Small Generator Equipment Packages
Small generating facility equipment proposed for use separately or packaged with other equipment in an interconnection system shall be considered certified for interconnected operation if (i) it has been tested in accordance with industry standards for continuous utility interactive operation in compliance with the appropriate codes and standards referenced below by any Nationally Recognized Testing Laboratory (NRTL) recognized by the United States Occupational Safety and Health Administration to test and certify interconnection equipment pursuant to the relevant codes and standards listed in SGIP Schedule 3, (ii) it has been labeled and is publicly listed by such NRTL at the time of the interconnection application, and (iii) such NRTL makes readily available for verification all test standards and procedures it utilized in performing such equipment certification, and, with consumer approval, the test data itself. The NRTL may make such information available on its website and by encouraging such information to be included in the manufacturer's literature accompanying the equipment.
The interconnection customer must verify that the intended use of the equipment falls within the use or uses for which the equipment was tested, labeled, and listed by the NRTL.
Certified equipment shall not require further type-test review, testing, or additional equipment to meet the requirements of this interconnection procedure; however, nothing herein shall preclude the need for an on-site commissioning test by the parties to the interconnection nor follow up production testing by the NRTL.
If the certified equipment package includes only interface
components (switchgear, inverters, or other interface devices), then an interconnection
customer IC must show that the generator or other electric source being
utilized with the equipment package is compatible with the equipment package
and is consistent with the testing and listing specified for this type of
interconnection equipment.
Provided the generator or electric source, when combined
with the equipment package, is within the range of capabilities for which it
was tested by the NRTL, and does not violate the interface components' labeling
and listing performed by the NRTL, no further design review, testing or
additional equipment on the customer side of the point of common coupling
interconnection shall be required to meet the requirements of this
interconnection procedure.
An equipment package does not include equipment provided by the utility.
Schedule 3
Certification Codes and Standards
IEEE [ Std ] 1547 Standard for Interconnecting Distributed Resources with Electric Power Systems (including use of IEEE [ Std ] 1547.1 testing protocols to establish conformity)
UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems
IEEE Std 929-2000 IEEE Recommended Practice for Utility Interface of Photovoltaic (PV) Systems
NFPA 70 (2005), National Electrical Code
IEEE Std C37.90.1-1989 (R1994), IEEE Standard Surge Withstand Capability (SWC) Tests for Protective Relays and Relay Systems
IEEE Std C37.90.2 (1995), IEEE Standard Withstand Capability of Relay Systems to Radiated Electromagnetic Interference from Transceivers
IEEE Std C37.108-1989 (R2002), IEEE Guide for the Protection of Network Transformers
IEEE Std C57.12.44-2000, IEEE Standard Requirements for Secondary Network Protectors
IEEE Std C62.41.2-2002, IEEE Recommended Practice on Characterization of Surges in Low Voltage (1000V and Less) AC Power Circuits
IEEE Std C62.45-1992 (R2002), IEEE Recommended Practice on Surge Testing for Equipment Connected to Low-Voltage (1000V and Less) AC Power Circuits
ANSI C84.1-1995 Electric Power Systems and Equipment – Voltage Ratings (60 Hertz)
IEEE Std 100-2000, IEEE Standard Dictionary of Electrical and Electronic Terms
NEMA MG 1-1998, Motors and Small Resources, Revision 3
IEEE Std 519-1992, IEEE Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems
NEMA MG 1-2003 (Rev 2004), Motors and Generators, Revision 1
Schedule 4
LEVEL LEVELS 2 AND 3 INTERCONNECTION
REQUEST FORM FOR SMALL GENERATING FACILITIES FACILITY LESS THAN
20 MW
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An Interconnection Request is considered complete when
it provides all applicable and correct information required below.
Processing Fee or Deposit
If the Interconnection Request is submitted as Level 2, the
nonrefundable processing fee payable to the distribution company is $500.
If the interconnection request is submitted as Level 3,
the interconnection customer shall submit to the distribution company a deposit
not to exceed $1,000 towards the cost of the feasibility study.
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Section 1. Interconnection Customer Information |
Name:_________________________________________________ |
Contact person:__________________________________________ |
Mailing address:_________________________________________ |
[ |
Utility and account number:_________________________________ |
Energy Service Provider and account number:__________________ |
Facility address:_________________________________________ |
Telephone (Day):________________ (Evening):________________ |
Fax:__________________________ E-Mail:__________________ |
Alternative contact information |
Contact Name:__________________________________________ |
Title:__________________________________________________ |
Mailing Address:_________________________________________ |
[ |
Telephone (Day):________________ (Evening):________________ |
Fax:__________________________ E-Mail:___________________ |
Application is for: New Small Generating Facility ______ Capacity addition ____ |
If capacity addition to existing facility, please
describe: |
The Small Generating Facility will supply: Interconnection Customer __ others __ |
Point of Interconnection:____________________________________ |
Interconnection Customer's requested in-service date:_____________ |
Section 2. Processing Fee or Deposit
If the Interconnection Request is submitted as Level 2, the nonrefundable processing fee payable to the utility is $500.
If the Interconnection Request is submitted as Level 3, the Interconnection Customer shall submit to the Utility the deposit is $1,000, or 50% of the estimated cost of the Feasibility Study, whichever is less.
Section 3. Small Generating Facility Information
Data apply only to the small generating facility, not the interconnection facilities. |
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Energy Source: Solar ___ Wind ___ Hydro ___ Hydro Type |
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Diesel ___ Natural Gas ___ Fuel Oil ___ Other |
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Prime Mover: Fuel Cell___ Recip Engine___ Gas Turb___ Steam Turb___ Microturbine___ PV___ Other (describe)__________________________ |
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Type of Generator: |
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Generator Nameplate Rating: ________kW |
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Interconnection customer or customer-site load:
__________kW |
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Typical reactive load |
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Maximum physical export capability requested: ______________ kW |
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List components of the small generating facility equipment package that are currently certified: |
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Equipment |
Certifying Entity |
1.____________________________ |
1.____________________________ |
2.____________________________ |
2.____________________________ |
3.____________________________ |
3.____________________________ |
4.____________________________ |
4.____________________________ |
5.____________________________ |
5.____________________________ |
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Is the prime mover compatible with the certified
protective relay package? |
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Generator (or solar collector) |
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Manufacturer, model name & number:_______________________________ |
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Version Number:_______________________________________________ |
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Nameplate Output Power Rating in kW: (Summer)_________ (Winter)______ |
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Nameplate Output Power Rating in kVA: (Summer)________ (Winter)______ |
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Individual Generator Power Factor |
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Rated Power Factor: Leading:_____________ Lagging:________________ |
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Total number of generators in wind farm to be
interconnected pursuant to this Interconnection Request: |
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Inverter manufacturer, model name & number |
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List of adjustable set points for the protective equipment or software:________ |
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Note: A completed power systems load flow data sheet must be supplied with the Interconnection Request. |
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Small Generating Facility Characteristic Data (for inverter-based machines)
Max design fault contribution current:______
Instantaneous___ or RMS |
Harmonics characteristics:__________________________________________ |
Start-up requirements:_____________________________________________ |
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Small Generating Facility Characteristic Data (for rotating machines)
RPM Frequency:__________________________________________ |
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Synchronous Generators: |
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Direct Axis Synchronous Reactance, [ |
Direct Axis Transient Reactance, X'd:___________ P.U. |
Direct Axis Subtransient Reactance, X"d:______________P.U. |
Negative Sequence Reactance, X2:_________ P.U. |
Zero Sequence Reactance, X0:____________ P.U. |
KVA Base:__________________________ |
Field Volts:______________ |
Field Amperes:______________ |
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Induction Generators: |
Motoring Power (kW):______________ |
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Rotor Resistance, [ |
Stator Resistance, [ |
Stator Reactance, [ |
Rotor Reactance, [ |
Magnetizing Reactance, [ |
Short Circuit Reactance, [ |
Exciting Current:______________ |
Temperature Rise:______________ |
Frame Size:______________ |
Design Letter:______________ |
Reactive Power Required In Vars (No Load):______________ |
Reactive Power Required In Vars (Full Load):______________ |
Total Rotating Inertia, H: _____________ Per Unit on kVA |
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Excitation and Governor System Data for Synchronous Generators Only [ : ] |
Provide appropriate IEEE model block diagram of excitation system, governor system and power system stabilizer (PSS) in accordance with the regional reliability council criteria. A PSS may be determined to be required by applicable studies. A copy of the manufacturer's block diagram may not be substituted.
Section 4. Customer's Interconnection Facilities Information
Will a transformer be used between the generator and the
point of |
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Will the transformer be provided by the interconnection
customer? |
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Transformer Data (If applicable, for interconnection customer-owned transformer): |
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Is the transformer: |
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Transformer Impedance:_______% on __________kVA |
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If Three Phase: |
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Transformer Primary: _____Volts _____Delta _____Wye _____Wye Grounded |
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Transformer Secondary: __Volts _____Delta _____Wye _____Wye Grounded |
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Transformer Tertiary: _____Volts _____Delta _____Wye _____Wye Grounded |
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Transformer Fuse Data (If applicable, for interconnection customer-owned fuse): |
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(Attach copy of fuse manufacturer's minimum melt and total clearing time-current curves) |
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Manufacturer:____________ Type:__________ Size:______ Speed:_______ |
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Interconnecting Circuit Breaker (if applicable): |
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Manufacturer:____________________________ Type:__________ |
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Load Rating (Amps):___ Interrupting Rating (Amps):___ Trip Speed (Cycles):___ |
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Interconnection Protective Relays (If Applicable): |
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If microprocessor-controlled: Manufacturer:__________________________ Type:____________________ Model No. ___________ Firmware ID:_______ Instruction Book No. _________ List of functions and adjustable setpoints for the protective equipment or software: |
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Setpoint Function |
Minimum |
Maximum |
1.________________________________ |
____________ |
__________ |
2.________________________________ |
____________ |
__________ |
3.________________________________ |
____________ |
__________ |
4.________________________________ |
____________ |
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5.________________________________ |
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__________ |
6.________________________________ |
____________ |
__________ |
If Discrete Components: |
(Enclose copy of any proposed time-overcurrent coordination curves) |
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Manufacturer:___________ Type:_______ Style/Catalog No.:______ Proposed Setting:______ |
Manufacturer:___________ Type:_______ Style/Catalog No.:______ Proposed Setting:______ |
Manufacturer:___________ Type:_______ Style/Catalog No.:______ Proposed Setting:______ |
Manufacturer:___________ Type:_______ Style/Catalog No.:______ Proposed Setting:______ |
Manufacturer:___________ Type:_______ Style/Catalog No.:______ Proposed Setting:______ |
Current Transformer Data (If applicable): |
(Enclose copy of manufacturer's excitation and ratio correction curves) |
Manufacturer:_________________________________________________ |
Type:_______ Accuracy Class:________ Proposed Ratio Connection:____ |
Manufacturer:_________________________________________________ |
Type:_______ Accuracy Class:________ Proposed Ratio Connection:____ |
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Potential Transformer Data (If applicable): |
Manufacturer:_________________________________________________ |
Type:________ Accuracy Class:_______ Proposed Ratio Connection:____ |
Manufacturer:_________________________________________________ |
Type:________ Accuracy Class:_______ Proposed Ratio Connection:____ |
Section 5. General Information
Enclose a copy of the site electrical one-line diagram
showing the configuration of all the small generating facility
equipment, current and potential circuits, and protection and control schemes.
Enclose a copy of any site documentation that indicates the
precise physical location of the proposed small generating facility SGF
(e.g., United States Geological Survey (USGS) topographic map or other
diagram or documentation).
Proposed Describe the proposed location of
the protective interface equipment on the property (include address
if different from the interconnection customer's address) [ : ]
____________________________________________________
Enclose a copy of any site documentation that describes and details the operation of the protection and control schemes. Is available documentation enclosed? Yes____ No____
Enclose copies of schematic drawings for all protection and control circuits, relay current circuits, relay potential circuits, and alarm/monitoring circuits (if applicable).
Are schematic drawings enclosed?___ Yes ____ No____
Applicant
Section 6. Interconnection Customer Signature
I hereby certify that, to the best of my knowledge, all the information provided in this Interconnection Request is true and correct.
For Interconnection Customer Signature:_____________________________
Date:_____________
Section 7. Utility Acknowledgement of Receipt |
Signed:__________________________________ |
Title:____________________________________ |
Utility:___________________________________ |
Date:____________________________________ |
Utility signature signifies only receipt of this form, in compliance with 20VAC5-314-50 of the State Corporation Commission's Regulations Governing Interconnection of Small Electrical Generators.
Schedule 5
LEVELS 2 AND 3 FACILITIES STUDY INFORMATION FORM FOR SMALL GENERATING FACILITIES LESS THAN 20 MW
1. Provide a location plan and simplified one-line diagram of the plant and station facilities. For staged projects, indicate future generation, future transmission circuits, and other major future facilities. On the one-line diagram, show (i) each generator, its electric connection configuration, and its generation capacity, (ii) the location and capacity of auxiliary power, and (iii) minimum load on CT/PT.
2. One set of metering is required for each generation connection to the new ring bus or existing utility station. Indicate the number of generation connections requiring a metering set:_____________________
3. Indicate whether an alternate source of auxiliary power will be available during CT/PT maintenance. Yes ____ No ____
4. Indicate whether a transfer bus on the generation side of
the metering will require that each meter set be designed for the total plant
generation. Indicate such on the one-line diagram. [ Yes
________ No _____ ]
5. State the type of control system or Programmable Logic Controller (PLC) that will be located at the small generating facility.
______________________________________________________________________________________________________
6. State the protocol used by the control system or PLC. _____________________________________________________________________
7. [ Describe the operation sequence and timing of the protection scheme during disconnection and reconnection to the utility by the SGF.
8. ] Provide a 7.5-minute quadrangle map of the site. Indicate the plant, station, transmission line, and property lines.
[ 8. 9. ] State the physical
dimensions of the proposed interconnection station.
______________________________________________________________________________________________________
[ 9. 10. ] State the bus
length from generation to interconnection station.
______________________________________________________________________________________________________
[ 10. 11. ] Provide a diagram
or description of the point of interconnection desired by the IC that is to be
the point of interconnection in the system impact study report.
[ 11. 12. ] State the line
length from interconnection station to utility system.
______________________________________________________________________________________________________
[ 12. 13. ] State the pole or
tower number observed in the field affixed to the pole or tower leg.
_________________________________________
[ 13. 14. ] State the number
of third party easements required for distribution or transmission lines.
______________________________________________________________________________________________________
[ 14. 15. ] Provide the
following proposed schedule dates:
a. Date IC to begin construction:_________________________________________________
b. Date generator step-up transformers to receive back feed power:______________________
c. Date IC will test SGF:_______________________________________________________
d. Date IC will place SGF into commercial operation:_________________________________
Schedule 5 6
[ LEVEL 3 ] SMALL GENERATOR
INTERCONNECTION AGREEMENT (SGIA)
(For Small Generating Facilities Subject to the Level 3 Process)
This Small Generator Interconnection Agreement
("Agreement") is made and entered into this ______ day of
____________, 20__, by __________________ ("Distribution Company
Utility"), and _________________________________ ("Interconnection
Customer") each hereinafter sometimes referred to individually as
"Party" or both referred to collectively as the "Parties."
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Attention:_______________________________________________________ |
Address:_______________________________________________________ |
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City, State, Zip:__________________________________________________ |
Phone:_____________________ Fax:_______________________________ |
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Interconnection Customer Information |
Interconnection Customer:__________________________________________ |
Attention:_______________________________________________________ |
Address:_______________________________________________________ |
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City, State, Zip:__________________________________________________ |
Phone:_______________________ Fax:_____________________________ |
Interconnection Customer Application No:_____________
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
Article 1. Scope and Limitations of Agreement
1.1 This Agreement shall be used for all Interconnection
Requests [ for generators in excess of 500 kW ] submitted
[ under the ] Small Generator Interconnection
Procedures (SGIP) [ Level 3 interconnections ] pursuant
to the Commission's Regulations Governing Interconnection of Small Electrical
Generators, Chapter 314 of the Virginia Administrative Code.
1.2 This Agreement governs the terms and conditions under
which the Interconnection Customer's ("IC") Small Generating Facility
("SGF") will interconnect with, and operate in parallel with, the utility's
distribution utility system.
1.3 This Agreement does not constitute an agreement to
purchase or deliver the Interconnection Customer's power. The purchase or
delivery of power and other services, including station service or backup
power, that the Interconnection Customer IC may require will be covered
under separate agreements, possibly with other parties. The Interconnection
Customer IC will be responsible for separately making all necessary
arrangements (including scheduling) for delivery of electricity with the
applicable Distribution Company utility and provider of transmission
service.
1.4 Nothing in this Agreement is intended to affect any
other agreement between the Distribution Company utility and the Interconnection
Customer IC.
1.5 Responsibilities of the Parties
1.5.1 The Parties shall perform all obligations of this
Agreement in accordance with all applicable laws and regulations, operating
requirements, and Good Distribution Company Utility Practice.
1.5.2 The Interconnection Customer IC shall
construct, interconnect, operate and maintain its Small Generating Facility
SGF and construct, operate, and maintain its Customer's Interconnection
Facilities in accordance with the applicable manufacturer's recommended
maintenance schedule, in accordance with this Agreement, and with Good Distribution
Company Utility Practice.
1.5.3 The Distribution Company utility shall
construct, operate, and maintain its distribution and transmission system and interconnection
attachment facilities in accordance with this Agreement, and with Good Distribution
Company Utility Practice.
1.5.4 The Interconnection Customer IC agrees to
construct its facilities or systems in accordance with applicable
specifications that meet or exceed those provided by the National Electrical
Safety Code, the American National Standards Institute, IEEE, Underwriter's
Laboratory, and operating requirements in effect at the time of construction
and other applicable national and state codes and standards. The Interconnection
Customer IC agrees to design, install, maintain, and operate its small generating
facility SGF so as to reasonably minimize the likelihood of a disturbance
adversely affecting or impairing the system or equipment of the Distribution
Company utility or affected systems and to otherwise maintain and operate
its SGF in accordance with the specifications and certifications under which
the SGF was initially installed and interconnected.
1.5.5 Each Party shall operate, maintain, repair, and
inspect, and shall be fully responsible for the facilities that it now or
subsequently may own unless otherwise specified in the Attachments to this
Agreement. Each Party shall be responsible for the safe installation,
maintenance, repair and condition of their respective lines and appurtenances
on their respective sides of the point of change of ownership. The Distribution
Company utility and the Interconnection Customer IC, as appropriate,
shall provide Interconnection Attachment Facilities and Customer's
Interconnection Facilities that adequately protect the Distribution
Company's Transmission System, utility's personnel, and other persons from
damage and injury. The allocation of responsibility for the design,
installation, operation, maintenance and ownership of Interconnection
Attachment Facilities and Customer's Interconnection Facilities shall be
delineated in the Attachments to this Agreement. The design, installation,
operation, and maintenance of such facilities shall be the responsibility of
the owner except as otherwise provided for in this Agreement.
1.5.6 The Distribution Company utility shall
coordinate with all affected systems to support the interconnection.
1.6 Parallel operation obligations
Once the small generating facility SGF has been
authorized to commence parallel operation, the Interconnection Customer
IC shall abide by all rules and procedures pertaining to the parallel operation
of the small generating facility SGF including, but not limited to the
rules and procedures concerning the operation of generation set forth in the
tariff.
1.7 Metering
The Interconnection Customer IC shall be
responsible for the Distribution Company's utility's reasonable and
necessary cost for the purchase, installation, operation, maintenance, testing,
repair, and replacement of metering and data acquisition equipment specified in
Attachments 2 and 3 of this Agreement. The Interconnection Customer's
IC's metering (and data acquisition, as required) equipment shall conform to
applicable industry rules and operating requirements.
1.8 Reactive power
1.8.1 The Interconnection Customer IC shall design its
small generating facility SGF to maintain a composite power delivery at
continuous rated power output at the point of interconnection at a power factor
within the range of 0.95 leading to 0.95 lagging, unless the Distribution
Company utility has established different requirements that apply to all
similarly situated generators in the control area on a comparable basis. The
requirements of this paragraph shall not apply to wind generators.
1.8.2 The Distribution Company utility is required
to pay the Interconnection Customer for reactive power that the Interconnection
Customer IC provides or absorbs from the small generating facility
SGF when the Distribution Company utility requests the Interconnection
Customer IC to operate its small generating facility SGF outside the
range specified in article 1.8.1. In addition, if the Distribution Company
utility pays its own or affiliated generators for reactive power service within
the specified range, it must also similarly pay the Interconnection
Customer IC.
1.8.3 Payments shall be in accordance with the Interconnection
Customer's IC's applicable rate schedule then as may be in effect
and accepted by the appropriate government authority. To the extent that no
rate schedule is in effect at the time the Interconnection Customer is required
to provide or absorb reactive power under this Agreement, the Parties agree
to IC may expeditiously file such rate schedule and agree with the
appropriate government authority, and the utility agrees to support any request
for waiver of the State Corporation Commission's any prior notice
requirement of such authority in order to compensate permit compensation
to the Interconnection Customer IC from the time service commenced.
1.9 Capitalized terms used herein shall have the meanings
specified in the Glossary of Terms definitions in
Attachment 1 to Schedule 5 6 or in the body of this Agreement.
Article 2. Inspection, Testing, Authorization, and Right of Access
2.1 Equipment testing and inspection
2.1.1 The Interconnection Customer shall test and inspect
its small generating facility and interconnection facilities prior to
interconnection. The Interconnection Customer IC shall notify the Distribution
Company utility of such activities no fewer than five business days (or as
may be agreed to by the Parties) prior to such testing and inspection. Testing
and inspection shall occur on a business day. The Distribution Company
utility may, at its own expense, send qualified personnel to the small
generating facility SGF site to inspect the interconnection and observe the
testing. The Interconnection Customer IC shall provide the Distribution
Company utility a written test report when such testing and inspection is
completed.
2.1.2 The Distribution Company utility shall provide
the Interconnection Customer IC written acknowledgment that it has
received the Interconnection Customer's IC's written test
report. Such written acknowledgment shall not be deemed to be or construed as
any representation, assurance, guarantee, or warranty by the Distribution
Company utility of the safety, durability, suitability, or reliability of
the small generating facility SGF or any associated control, protective,
and safety devices owned or controlled by the Interconnection Customer
IC or the quality of power produced by the small generating facility
SGF.
2.2 Authorization required prior to parallel operation
2.2.1 The Distribution Company utility shall use
reasonable efforts to list applicable parallel operation requirements in Attachment
5 of this Agreement. Additionally, the Distribution Company utility
shall notify the Interconnection Customer of any changes to these requirements
as soon as they are known. The Distribution Company utility shall make
reasonable efforts to cooperate with the Interconnection Customer IC in
meeting requirements necessary for the Interconnection Customer IC to
commence parallel operations by the in-service date.
2.2.2 The Interconnection Customer IC shall not
operate its small generating facility SGF in parallel with the Distribution
Company's utility's system without prior written authorization of the Distribution
Company utility. The Distribution Company utility will provide such
authorization once the Distribution Company utility receives notification
that the Interconnection Customer IC has complied with all applicable
parallel operation requirements. Such authorization shall not be unreasonably
withheld, conditioned, or delayed.
2.3 Right of access
2.3.1 Upon reasonable notice, the Distribution Company
utility may send a qualified person to the premises of the Interconnection
Customer at or immediately before the time the small generating facility
SGF first produces energy to inspect the interconnection, and observe the
commissioning of the small generating facility SGF (including any
required testing), startup, and operation for a period of up to three business
days after initial start-up of the unit. In addition, the Interconnection
Customer IC shall notify the Distribution Company utility at least
five business days prior to conducting any on-site verification testing of the small
generating facility SGF.
2.3.2 Following the initial inspection process described
above, at reasonable hours, and upon reasonable notice, or at any time without
notice in the event of an emergency or hazardous condition, the Distribution
Company utility shall have access to the Interconnection Customer's
premises for any reasonable purpose in connection with the performance of the
obligations imposed on it by this Agreement or if necessary to meet its legal
obligation to provide service to its customers.
2.3.3 Each Party shall be responsible for its own costs
associated with following this article.
Article 3. Effective Date, Term, Termination, and Disconnection
3.1 Effective date
This Agreement shall become effective upon execution by
the Parties subject to acceptance by the State Corporation Commission's
Division of Energy Regulation (if applicable), or if filed unexecuted, upon the
date specified by the State Corporation Commission's Division of Energy
Regulation. The Distribution Company utility shall promptly file
this Agreement with the State Corporation Commission's Division of
Energy Regulation upon execution, if required.
3.2 Term of Agreement
This Agreement shall become effective on the effective
date and shall remain in effect for a period of 10 years from the effective
date or such other longer period as the Interconnection Customer may request
and shall be automatically renewed for each successive one-year period
thereafter, unless terminated earlier in accordance with article 3.3 of this
Agreement.
3.3 Termination
No termination shall become effective until the Parties
have complied with all applicable laws and regulations applicable to such
termination, including the filing with the State Corporation
Commission's Division of Energy Regulation of a notice of termination of this
Agreement (if required), which notice has been accepted for filing by
commission's Division of Energy Regulation.
3.3.1 The Interconnection Customer may terminate this
Agreement at any time by giving the Distribution Company utility 20
business days written notice.
3.3.2 Either Party may terminate this Agreement after default pursuant to article 7.6.
3.3.3 Upon termination of this Agreement, the small
generating facility Small Generating Facility will be disconnected from the
Distribution Company's utility system. The termination of this Agreement
shall not relieve either Party of its liabilities and obligations, owed or
continuing at the time of the termination.
3.3.4 This provisions of this article shall survive
termination or expiration of this Agreement.
3.4 Temporary disconnection
Temporary disconnection shall continue only for so long as
reasonably necessary under Good Distribution Company Utility Practice.
3.4.1 Emergency Conditions -- "Emergency
Condition" shall mean a condition or situation: (i) that in the judgment
of the Party making the claim is imminently likely to endanger life or
property; or (ii) that, in the case of the Distribution Company utility,
is imminently likely (as determined in a non-discriminatory manner) to cause a
material adverse effect on the security of, or damage to the distribution
utility system, the Distribution Company's Interconnection Attachment Facilities
or the electrical facilities of others to which the Distribution Company's
distribution utility system is directly connected; or (iii) that, in the
case of the Interconnection Customer, is imminently likely (as determined in a
non-discriminatory manner) to cause a material adverse effect on the security
of, or damage to, the small generating facility Small Generating
Facility or the Interconnection Customer's interconnection facilities
Interconnection Facilities. Under emergency conditions, the Distribution
Company utility may immediately suspend interconnection service and
temporarily disconnect the small generating facility SGF. The Distribution
Company utility shall notify the Interconnection Customer IC
promptly when it becomes aware of an emergency condition that may reasonably be
expected to affect the Interconnection Customer's IC's operation of the small
generating facility SGF. The Interconnection Customer IC shall
notify the Distribution Company utility promptly when it becomes aware
of an emergency condition that may reasonably be expected to affect the Distribution
Company's utility system or other affected systems. To the extent
information is known, the notification shall describe the emergency condition,
the extent of the damage or deficiency, the expected effect on the operation of
both Parties' facilities and operations, its anticipated duration, and the
necessary corrective action.
3.4.2 Routine maintenance, construction, and repair
The Distribution Company utility may interrupt interconnection
service or curtail the output of the small generating facility SGF and
temporarily disconnect the small generating facility SGF from the Distribution
Company's distribution utility's system when necessary for routine
maintenance, construction, and repairs on the Distribution Company's
distribution utility system. The Distribution Company utility shall
provide the Interconnection Customer IC with at least five business days
notice prior to such interruption unless circumstances require shorter notice.
The Distribution Company utility shall use reasonable efforts to
coordinate such reduction or temporary disconnection with the Interconnection
Customer IC.
3.4.3 Forced outages
During any forced outage, the Distribution Company
utility may suspend interconnection service to effect immediate repairs on the Distribution
Company's distribution utility system. The Distribution Company
utility shall use reasonable efforts to provide the Interconnection Customer
IC with prior notice. If prior notice is not given, the Distribution Company
utility shall, upon request, provide the Interconnection Customer IC
written documentation after the fact explaining the circumstances of the
disconnection.
3.4.4 Adverse operating effects
The Distribution Company utility shall notify the Interconnection
Customer IC as soon as practicable if, based on Good Distribution
Company Utility Practice, operation of the small generating facility
SGF may cause disruption or deterioration of service to other customers served
from the same electric utility system or affected systems, or if
operating the small generating facility SGF could cause damage to the Distribution
Company's distribution utility system or affected systems. Supporting
documentation used to reach the decision to disconnect shall be provided to the
Interconnection Customer IC upon request. If, after notice, the Interconnection
Customer IC fails to remedy the adverse operating effect within a
reasonable time, the Distribution Company utility may disconnect the small
generating facility SGF. The Distribution Company utility shall
provide the Interconnection Customer IC with a five business day notice
of such disconnection, unless the provisions of article 3.4.1 apply.
3.4.5 Modification of the small generating facility
Small Generating Facility
The Interconnection Customer must receive written
authorization from the Distribution Company utility before making any
change changes to the small generating facility SGF or mode of
operations that may have a material impact on the safety or reliability of the Distribution
Company's utility system or affected system. Such authorization shall not
be unreasonably withheld. Modifications shall be done in accordance with Good Distribution
Company Utility Practice. If the Interconnection Customer IC makes
such modification modifications without the Distribution Company's
utility's prior written authorization, the latter shall have the right to
temporarily disconnect the small generating facility SGF.
3.4.6 Reconnection
The Parties shall cooperate with each other to restore the small
generating facility SGF, interconnection facilities, and the Distribution
Company's distribution utility system to their normal operating state as
soon as reasonably practicable following a temporary disconnection.
Article 4. Cost Responsibility for Customer's Interconnection Facilities, Attachment Facilities, and Distribution Upgrades
4.1 Customer's Interconnection facilities
Facilities
The IC shall be responsible for the costs associated with owning, operating, maintaining, repairing, and replacing the Customer's Interconnection Facilities.
4.1.1 4.2 Attachment Facilities
The Interconnection Customer IC shall pay for the
cost of one-time and ongoing costs of installing, owning, operating, maintaining
and replacing the interconnection attachment facilities itemized in
Attachment 2 of this Agreement. The Distribution Company utility shall
provide a best estimate an estimated cost, including overheads, for
the purchase and construction of its interconnection the attachment
facilities and provide a detailed itemization of such costs. Costs associated
with interconnection attachment facilities may be shared with other
entities that may benefit from such facilities by agreement of the Interconnection
Customer IC, such other entities, and the Distribution Company
utility.
4.1.2 The Interconnection Customer shall be responsible
for its share of all reasonable expenses, including overheads, associated with
(i) owning, operating, maintaining, repairing, and replacing its own
interconnection facilities, and (ii) operating, maintaining, repairing, and
replacing the Distribution Company's interconnection facilities.
4.2 4.3 Distribution upgrades
The Distribution Company utility shall design,
procure, construct, install, and own the distribution upgrades described in
Attachment 6 of this Agreement. The actual cost of the distribution upgrades
shall be directly assigned to the IC. If the Distribution Company
utility and the Interconnection Customer IC agree, the Interconnection
Customer IC may construct distribution upgrades that are located on land
owned by the Interconnection Customer IC. The actual cost of the
distribution upgrades, including overheads, shall be directly assigned to the
Interconnection Customer.
Article 5. Cost Responsibility for System Upgrades
5.1 Applicability
No portion of this article 5 shall apply unless the
interconnection of the small generating facility requires system upgrades.
5.2 System upgrades
The Distribution Company shall design, procure,
construct, install, and own the system upgrades described in Attachment 3 of
this Agreement. If the Distribution Company and the Interconnection Customer
agree, the Interconnection Customer may construct system upgrades that are
located on land owned by the Interconnection Customer. Unless the Distribution
Company elects to pay for system upgrades, the actual cost of the system
upgrades, including overheads, shall be borne initially by the Interconnection
Customer.
5.2.1 Repayment of amounts advanced for system upgrades
The Interconnection Customer shall be entitled to a cash
repayment, equal to the total amount paid to the Distribution Company and
affected system operator, if any, for system upgrades, including any tax
gross-up or other tax-related payments associated with the system upgrades, and
not otherwise refunded to the Interconnection Customer, to be paid to the
Interconnection Customer on a dollar-for-dollar basis for the nonusage
sensitive portion of transmission charges, as payments are made under the
Distribution Company's tariff and affected system's tariff for distribution
services with respect to the small generating facility. Upgrades through the
date on which the Interconnection Customer receives a repayment of such payment
pursuant to this subparagraph. The Interconnection Customer may assign such
repayment rights to any person.
5.2.1.1 Notwithstanding the foregoing, the
Interconnection Customer, the Distribution Company, and affected system
operator may adopt any alternative payment schedule that is mutually agreeable
so long as the Distribution Company and affected system operator take one of
the following actions no later than five years from the commercial operation
date: (i) return to the Interconnection Customer any amounts advanced for
system upgrades not previously repaid, or (ii) declare in writing that the
Distribution Company or affected system operator will continue to provide
payments to the Interconnection Customer on a dollar-for-dollar basis for the
nonusage sensitive portion of transmission charges, or develop an alternative
schedule that is mutually agreeable and provides for the return of all amounts
advanced for system upgrades not previously repaid; however, full reimbursement
shall not extend beyond 20 years from the commercial operation date.
5.2.1.2 If the small generating facility fails to
achieve commercial operation, but it or another generating facility is later
constructed and requires use of the system upgrades, the Distribution Company
and affected system operator shall at that time reimburse the Interconnection
Customer for the amounts advanced for the system upgrades. Before any such
reimbursement can occur, the Interconnection Customer, or the entity that
ultimately constructs the generating facility, if different, is responsible for
identifying the entity to which reimbursement must be made.
5.3 Special provisions for affected systems
Unless the Distribution Company provides, under this
Agreement, for the repayment of amounts advanced to affected system operator
for system upgrades, the Interconnection Customer and affected system operator
shall enter into an agreement that provides for such repayment. The agreement
shall specify the terms governing payments to be made by the Interconnection
Customer to affected system operator as well as the repayment by affected
system operator.
Article 5. Transmission System
5.1 Transmission system upgrades
5.1.1 No portion of section 5.1 of this article 5 shall apply unless the interconnection of the Small Generating Facility requires transmission system upgrades.
5.1.2 The utility shall design, procure, construct, install, and own the transmission system upgrades described in Attachment 6 of this Agreement. If the utility and the Interconnection Customer agree, the IC may construct transmission system upgrades that are located on land owned by the IC. The costs of the transmission system upgrades shall be borne by the IC.
5.1.3 Notwithstanding any other provision of section 5.1 of article 5, in the event and to the extent an RTE has rules, tariffs, agreements, or procedures properly applying to transmission system upgrades, the provisions of section 5.2 of article 5 shall apply to such upgrades.
5.2 Regional Transmission Entities
Notwithstanding any other provision of this Agreement, if the utility's transmission system is under the control of an RTE and the RTE has rules, tariffs, agreements or procedures properly governing operation of the SGF, transmission of the output of the SGF, sale of the output of the SGF, system upgrades required for interconnection of the SGF, or other aspects of the interconnection and operation of the SGF, the IC and the utility shall comply with the applicable of such agreements, rules, tariffs, or procedures.
5.4 5.3 Rights under other agreements
Notwithstanding any other provision of this Agreement,
nothing herein shall be construed as relinquishing or foreclosing any rights,
including but not limited to firm transmission rights, capacity rights,
transmission congestion rights, or transmission credits, that the Interconnection
Customer IC shall be entitled to, now or in the future, under any other
agreement or tariff as a result of, or otherwise associated with system
upgrades, including the right to obtain cash reimbursements or transmission
credits for transmission service that is not associated with the small
generating facility SGF.
Article 6. Billing, Payment, Milestones, and Financial Security
6.1 Billing and payment procedures and final accounting
6.1.1 The Distribution Company utility shall bill
the Interconnection Customer IC for the design, engineering,
construction, and procurement costs of interconnection attachment facilities
and upgrades contemplated by this Agreement on a monthly basis, or as otherwise
agreed by the Parties. The Interconnection Customer IC shall pay each
bill within 30 calendar days of receipt, or as otherwise agreed to by the
Parties.
6.1.2 Within three months 120 calendar days of
completing the construction and installation of the Distribution Company's
interconnection attachment facilities and/or distribution upgrades
described in the Attachments to this Agreement, the Distribution Company
utility shall provide the Interconnection Customer IC with a final
accounting report of any difference between (i) the Interconnection
Customer's IC's cost responsibility for the actual cost of such facilities
or upgrades, and (ii) the Interconnection Customer's IC's previous
aggregate payments to the Distribution Company utility for such
facilities or upgrades. If the Interconnection Customer's IC's cost
responsibility exceeds its previous aggregate payments, the Distribution
Company utility shall invoice the Interconnection Customer IC for
the amount due and the Interconnection Customer IC shall make payment to
the Distribution Company utility within 30 calendar days. If the Interconnection
Customer's IC's previous aggregate payments exceed its cost responsibility
under this Agreement, the Distribution Company utility shall refund to
the Interconnection Customer IC an amount equal to the difference within
30 calendar days of the final accounting report.
6.2 Milestones
The Parties shall agree on milestones for which each Party
is responsible and list them such milestone shall be listed in
Attachment 4 of this Agreement. A Party's milestones obligations under this
provision may be extended modified by agreement. If a Party anticipates
that it will be unable to meet a milestone for any reason other than a Force
Majeure Event event, it shall immediately (i) notify the other Party of
the reason(s) for not meeting the milestone, and (i) (ii) propose the
earliest reasonable alternate date by which it can attain this and future
milestones, and (ii) requesting (iii) request appropriate amendments to
Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably
withhold agreement to such an amendment unless it will suffer significant
uncompensated economic or operational harm from the delay, attainment of the
same milestone has previously been delayed, or it has reason to believe that
the delay in meeting the milestone is intentional or unwarranted
notwithstanding the circumstances explained by the Party proposing the
amendment.
6.3 Financial security arrangements
At least 20 business days prior to the commencement of the
design, procurement, installation, or construction of a discrete portion of the
Distribution Company's interconnection attachment facilities and
distribution upgrades, the Interconnection Customer shall provide the Distribution
Company utility, at the Interconnection Customer's IC's option, a
guarantee, a surety bond, letter of credit or other form of security that is
reasonably acceptable to the Distribution Company utility and is
consistent with the Uniform Commercial Code of the jurisdiction where the point
of interconnection is located. Such security for payment shall be in an amount
sufficient to cover the costs for constructing, designing, procuring, and
installing, and constructing the applicable portion of the Distribution
Company's interconnection attachment facilities and distribution upgrades
and shall be reduced on a dollar-for-dollar basis for payments made to the Distribution
Company utility under this Agreement during its term. In addition:
6.3.1 The guarantee must be made by an entity that meets
the creditworthiness requirements of the Distribution Company utility,
and contain terms and conditions that guarantee payment of any amount that may
be due from the Interconnection Customer IC, up to an agreed-to maximum
amount.
6.3.2 The letter of credit or surety bond must be issued by
a financial institution or insured reasonably acceptable to the Distribution
Company utility and must specify a reasonable expiration date.
Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, and Default
7.1 Assignment
This Agreement may be assigned by either Party upon 15 business days prior written notice and opportunity to object by the other Party; provided that:
7.1.1 Either Party may assign this Agreement without the consent of the other Party to any affiliate of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement;
7.1.2 The Interconnection Customer shall have the right to
assign this Agreement, without the consent of the Distribution Company utility,
for collateral security purposes to aid in providing financing for the small
generating facility SGF, provided that the Interconnection Customer
IC will promptly notify the Distribution Company utility of any such
assignment.
7.1.3 Any attempted assignment that violates this article is void and ineffective.
Assignment shall not relieve a Party of its obligations,
nor shall a Party's obligations be enlarged, in whole or in part, by reason
thereof. An assignee is responsible for meeting the same financial, credit, and
insurance obligations as the Interconnection Customer IC. Where
required, consent to assignment will not be unreasonably withheld, conditioned
or delayed.
7.2 Limitation of liability
Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
7.3 Indemnity
7.3.1 This provision protects each Party from liability incurred to third parties as a result of carrying out the provisions of this Agreement. Liability under this provision is exempt from the general limitations on liability found in article 7.2.
7.3.2 The Parties shall at all times indemnify, defend, and hold the other Party harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other Party's action or failure to meet its obligations under this Agreement on behalf of the indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party.
7.3.3 If an indemnified person Party is entitled to
indemnification under this article as a result of a claim by a third party, and
the indemnifying Party fails, after notice and reasonable opportunity to
proceed under this article, to assume the defense of such claim, such
indemnified person may at the expense of the indemnifying Party contest, settle
or consent to the entry of any judgment with respect to, or pay in full, such
claim.
7.3.4 If an indemnifying party Party is obligated to
indemnify and hold any indemnified person harmless under this article, the
amount owing to the indemnified person shall be the amount of such indemnified
person's actual loss, net of any insurance or other recovery.
7.3.5 Promptly after receipt by an indemnified person of
any claim or notice of the commencement of any action or administrative or
legal proceeding or small generator investigation as to which the indemnity
provided for in this article may apply, the indemnified person shall notify the
indemnifying party Party of such fact. Any failure of or delay in such
notification shall not affect a Party's indemnification obligation unless such
failure or delay is materially prejudicial to the indemnifying party.
7.4 Consequential damages
Other than as expressly provided for in this Agreement, neither Party shall be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided that damages for which a Party may be liable to the other Party under another agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.
7.5 Force Majeure
7.5.1 As used in this article, a Force Majeure Event
event means "any act of God, labor disturbance, act of the public enemy,
war, insurrection, riot, fire, storm or flood, explosion, breakage or accident
to machinery or equipment, any order, regulation or restriction imposed by
governmental, military or lawfully established civilian authorities, or any
other cause beyond a Party's control. A Force Majeure Event event does
not include an act of negligence or intentional wrongdoing."
7.5.2 If a Force Majeure Event event prevents a
Party from fulfilling any obligations under this Agreement, the Party affected
by the Force Majeure Event event ("Affected Party") shall
promptly notify the other Party, either in writing or via the telephone, of the
existence of the Force Majeure Event event. The notification must
specify in reasonable detail the circumstances of the Force Majeure Event
event, its expected duration, and the steps that the Affected Party is taking
to mitigate the effects of the event on its performance. The Affected Party
shall keep the other Party informed on a continuing basis of developments
relating to the Force Majeure Event event until the event ends. The
Affected Party will be entitled to suspend or modify its performance of
obligations under this Agreement (other than the obligation to make payments) only
to the extent that the effect of the Force Majeure Event event cannot be
mitigated by the use of reasonable efforts. The Affected Party will use
reasonable efforts to resume its performance as soon as possible.
7.6 Default
7.6.1 No default shall exist where such failure to
discharge an obligation (other than the payment of money) is the result of a
Force Majeure Event event as defined in this Small Generator
Interconnection Agreement or the result of an act or omission of the other
Party. Upon a default, the nondefaulting Nondefaulting Party shall give
written notice of such default to the defaulting Defaulting Party.
Except as provided in article 7.6.2, the defaulting Defaulting Party
shall have 60 calendar days from receipt of the default notice within which to
cure the default; however, if the default is not capable of cure within 60
calendar days, the defaulting Defaulting Party shall commence the cure
within 20 calendar days after notice and continuously and diligently complete
the cure within six months from receipt of the default notice; and, if cured
within such time, the default specified in such notice shall cease to exist.
7.6.2 If a default is not cured as provided in this
article, or if a default is not capable of being cured within the period
provided for herein, the nondefaulting Nondefaulting Party shall have
the right to terminate this Agreement by written notice at any time until cure
occurs, and be relieved of any further obligation hereunder and, whether or not
that Party terminates this Agreement, to recover from the defaulting
Defaulting Party all amounts due hereunder, plus all other damages and remedies
to which it is entitled at law or in equity. The provisions of this article
will survive termination of this Agreement.
Article 8. Insurance
8.1 The Interconnection Customer shall, at its own
expense, maintain in force general liability insurance without any exclusion
for liabilities related to the interconnection undertaken pursuant to this
Agreement. The amount of such insurance shall be sufficient to insure
against all reasonably foreseeable direct liabilities given the size and nature
of the generating equipment being interconnected, the interconnection itself,
and the characteristics of the system to which the interconnection is made
in accordance with 20VAC5-314-160 of the Commission's Regulations Governing the
Interconnection of Small Electrical Generators. The Interconnection Customer
IC shall obtain additional insurance only if necessary as a function of owning
and operating a generating facility. Insurance shall be obtained from an
insurance provider authorized to do business in the State where the
interconnection is located of Virginia. Certification that such insurance
is in effect shall be provided upon request of the Distribution Company
utility, except that the Interconnection Customer IC shall show proof of
insurance to the Distribution Company utility no later than 10 business
days prior to the anticipated commercial operation date of the SGF. An Interconnection
Customer IC of sufficient creditworthiness may propose to self-insure for
such liabilities, and such a proposal shall not be unreasonably rejected.
8.2 The Distribution Company utility agrees to
maintain general liability insurance or self insurance consistent with the Distribution
Company's utility's commercial practice. Such insurance or self-insurance
shall not exclude coverage for the Distribution Company's utility's
liabilities undertaken pursuant to this Agreement.
8.3 The Parties further agree to notify each other whenever an accident or incident occurs resulting in any injuries or damages that are included within the scope of coverage of such insurance, whether or not such coverage is sought.
Article 9. Confidentiality
9.1 Confidential information shall mean any confidential and/or proprietary information provided by one Party to the other Party that is clearly marked or otherwise designated "Confidential." For purposes of this Agreement all design, operating specifications, and metering data provided by the Interconnection Customer shall be deemed confidential information regardless of whether it is clearly marked or otherwise designated as such.
9.2 Confidential information does not include information previously in the public domain, required to be publicly submitted or divulged by governmental authorities (after notice to the other Party and after exhausting any opportunity to oppose such publication or release), or necessary to be divulged in an action to enforce this Agreement. Each Party receiving confidential information shall hold such information in confidence and shall not disclose it to any third party nor to the public without the prior written authorization from the Party providing that information, except to fulfill obligations under this Agreement, or to fulfill legal or regulatory requirements.
9.2.1 Each Party shall employ at least the same standard of care to protect confidential information obtained from the other Party as it employs to protect its own confidential information.
9.2.2 Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its rights under this provision to prevent the release of confidential information without bond or proof of damages, and may seek other remedies available at law or in equity for breach of this provision.
9.3 Notwithstanding anything in this Agreement to the contrary, if the Virginia State Corporation Commission ("Commission"), during the course of an investigation or otherwise, requests information from one of the Parties that is otherwise required to be maintained in confidence, the Party shall provide the requested information to the Commission, within the time provided for in the request for information. In providing the information to the Commission, the Party may request that the information be treated as confidential and nonpublic by the Commission and that the information be withheld from public disclosure. Parties are prohibited from notifying the other Party prior to the release of the confidential information to the Commission. [ A Party shall notify the other Party when it is notified by the Commission that a request to release confidential information has been received by the Commission, at which time either Party may respond to the Commission before such information would be made public. ]
Article 10. Disputes
10.1 The Parties agree to attempt to resolve all disputes arising out of the interconnection process according to the provisions of this article.
10.2 In the event of a dispute, either Party shall provide the other Party with a written Notice of Dispute. Such Notice shall describe in detail the nature of the dispute. The Parties shall make a good faith effort to resolve the dispute informally within 10 business days.
10.3 If the dispute has not been resolved within two
10 business days after receipt of the Notice, either Party may contact
seek resolution assistance from the Commission's Division of Energy Regulation for
assistance in resolving the dispute where the matter will be handled as an
informal complaint. [ If that process is unsatisfactory, either
Party may petition the Commission to handle the dispute as a formal complaint. ]
Alternatively, either Party may [ , upon
mutual agreement, ] seek resolution through the assistance of a
dispute resolution service. The dispute resolution service will assist the
Parties in either resolving the dispute or in selecting an appropriate dispute
resolution venue (e.g., mediation, settlement judge, early neutral evaluation,
or technical expert) to assist the Parties in resolving their dispute. Each
Party [ agrees to shall ] conduct all
negotiations in good faith and [ will shall ]
be responsible for [ ½ one-half ] of
any costs paid to neutral third parties.
10.4 Each Party agrees to conduct all negotiations in good
faith and will be responsible for one-half of any costs paid to neutral
third-parties If [ attempted dispute resolutions fail to
satisfy one or both of the Parties, then the dispute remains
unresolved ] either Party may [ petition the
Commission to handle the dispute as a formal complaint or may ] exercise
whatever rights and remedies it may have in equity or law consistent with the
terms of this Agreement.
10.5 If neither Party elects to seek assistance from
the State Corporation Commission's Division of Energy Regulation, or if the
attempted dispute resolution fails, then either Party may exercise whatever
rights and remedies it may have in equity or law consistent with the terms of
this Agreement.
Article 11. Taxes
11.1 The Parties agree to follow all applicable tax laws and regulations
11.2 Each Party shall cooperate with the other to maintain
the other Party's tax status. Nothing in this Agreement is intended to
adversely affect the Distribution Company's utility's tax exempt status
with respect to the issuance of bonds including, but not limited to, local
furnishing bonds.
Article 12. Miscellaneous
12.1 Governing Law, Regulatory Authority, and Rules
law, regulatory authority, and rules
The validity, interpretation and enforcement of this Agreement
and each of its provisions shall be governed by the laws of the state
State of Virginia without regard to its conflicts of law principles. This
Agreement is subject to all applicable laws and regulations. Each Party
expressly reserves the right to seek changes in, appeal, or otherwise contest
any laws, orders, or regulations of a governmental authority.
12.2 Amendment
The Parties may amend this Agreement by a written instrument duly executed by both Parties.
12.3 No Third-Party Beneficiaries third-party
beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and where permitted, their assigns.
12.4 Waiver
12.4.1 The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party.
12.4.2 Any waiver at any time by either Party of its rights
with respect to this Agreement shall not be deemed to be a continuing waiver or
a waiver with respect to any other failure to comply with any other obligation,
right, or duty of this Agreement. Termination or default of this Agreement for
any reason by the Interconnection Customer shall not constitute a waiver of the
Interconnection Customer's IC's legal rights to obtain an
interconnection from the Distribution Company utility. Any waiver of
this Agreement shall, if requested, be provided in writing.
12.5 Entire Agreement
This Agreement, including all Attachments, constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants which constitute any part of the consideration for, or any condition to, either Party's compliance with its obligations under this Agreement.
12.6 Multiple Counterparts counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.
12.7 No Partnership partnership
This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
12.8 Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, (i) such portion or provision shall be deemed separate and independent, (ii) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (iii) the remainder of this Agreement shall remain in full force and effect.
12.9 Environmental Releases releases
Each Party shall notify the other Party, first orally and
then in writing, of the release of any hazardous substances, any asbestos or
lead abatement activities, or any type of remediation activities related to the
small generating facility or Small Generating Facility, the customer's
interconnection facilities, or attachment facilities, each of which may
reasonably be expected to affect the other Party. The notifying Party shall (i)
provide the notice as soon as practicable, provided such Party makes a good
faith effort to provide the notice no later than 24 hours after such Party
becomes aware of the occurrence, and (ii) promptly furnish to the other Party
copies of any publicly available reports filed with any governmental
authorities addressing such events.
12.10 Subcontractors
Nothing in this Agreement shall prevent a Party from utilizing the services of any subcontractor as it deems appropriate to perform its obligations under this Agreement; however, each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing such services and each Party shall remain primarily liable to the other Party for the performance of such subcontractor.
12.10.1 The creation of any subcontract relationship shall
not relieve the hiring Party of any of its obligations under this Agreement.
The hiring Party shall be fully responsible to the other Party for the acts or
omissions of any subcontractor the hiring Party hires as if no subcontract had
been made; however, in no event shall the Distribution Company utility
be liable for the actions or inactions of the Interconnection Customer
IC or its subcontractors with respect to obligations of the Interconnection
Customer IC under this Agreement. Any applicable obligation imposed by this
Agreement upon the hiring Party shall be equally binding upon, and shall be
construed as having application to, any subcontractor of such Party.
12.10.2 The obligations under this article will not be limited in any way by any limitation of subcontractor's insurance.
12.11 Reservation of Rights rights
The Distribution Company utility shall have the right
to make a unilateral filing with the Commission to modify this Agreement with
respect to any rates, terms and conditions, charges, classifications of
service, rule or regulation.
Article 13. Notices
13.1 General
Unless otherwise provided in this Agreement, any written
notice, demand, or request required or authorized in connection with this
Agreement ("Notice") shall be deemed properly given if delivered in
person, delivered by recognized national currier courier service, or
sent by first class mail, postage prepaid, to the person specified below:
If to the Interconnection Customer: |
Interconnection Customer:_______________________________________ |
Attention:____________________________________________________ |
Address:____________________________________________________ |
|
City, State, Zip:_______________________________________________ |
Phone:_________________________ Fax:_________________________ |
If to the |
|
Attention:____________________________________________________ |
Address:____________________________________________________ |
|
City, State, Zip:________________________________________________ |
Phone:_________________________ Fax:_________________________ |
13.2 Billing
and Payment payment
Billings and payments shall be sent to the addresses set out below:
If to the Interconnection Customer: |
Interconnection Customer:_________________________________________ |
Attention:______________________________________________________ |
Address:______________________________________________________ |
|
City, State, Zip:_________________________________________________ |
If to the |
|
Attention:______________________________________________________ |
Address:______________________________________________________ |
|
City, State, Zip:_________________________________________________ |
13.3 Alternative Forms forms
of Notice notice
Any notice or request required or permitted to be given by either Party to the other and not required by this Agreement to be given in writing may be so given by telephone, facsimile or e-mail to the telephone numbers and email addresses set out below:
If to the Interconnection Customer: |
Interconnection Customer:__________________________________________ |
Attention:_______________________________________________________ |
Address:_______________________________________________________ |
|
City, State, Zip:___________________________________________________ |
Phone:___________________________ Fax:__________________________ |
If to the |
|
Attention:_______________________________________________________ |
Address:_______________________________________________________ |
|
City, State, Zip:___________________________________________________ |
Phone:___________________________ Fax:__________________________ |
13.4
Designated Operating Representative operating representative
The Parties may also designate operating representatives to conduct the communications which may be necessary or convenient for the administration of this Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Party's facilities.
Interconnection Customer's Operating Representative: |
Interconnection Customer:_______________________________________ |
Attention:____________________________________________________ |
Address:____________________________________________________ |
|
City, State, Zip:_______________________________________________ |
Phone:_________________________ Fax:_________________________ |
|
|
Attention:____________________________________________________ |
Address:_____________________________________________________ |
|
City, State, Zip:________________________________________________ |
Phone:_________________________ Fax:_________________________ |
13.5 Changes to the Notice
Information notice information
Either Party may change this information by giving five business days written notice prior to the effective date of the change.
Article 14. Signatures
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives.
For the |
Name:____________________________________________________ |
Title:_____________________________________________________ |
Date:____________________________________________________ |
For the Interconnection
Customer |
Name:___________________________________________________ |
Title:_____________________________________________________ |
Date:____________________________________________________ |
Attachment 1 to
Schedule 5 6
Glossary of Terms
"Affected system– An" means an electric
utility system other than that of the Distribution Company's transmission
system utility that may be affected by the proposed interconnection.
"Affected system operator" means an entity that operates an affected system or, if the affected system is under the operational control of an independent system operator or a Regional Transmission Entity, such independent entity.
"Applicable laws and regulations– All"
means all duly promulgated applicable federal, state and local laws,
regulations, rules, ordinances, codes, decrees, judgments, directives, or
judicial or administrative orders, permits and other duly authorized actions of
any governmental authority.
"Attachment facilities" means the facilities and equipment owned, operated, and maintained by the utility that are built new in order to physically connect the customer's interconnection facilities to the utility system. Attachment facilities shall not include distribution upgrades or previously existing distribution and transmission facilities.
"Business [ Day"
day" ] – means Monday through Friday, excluding
federal holidays.
"Certified" has the meaning ascribed to it in
Schedule 2 of Chapter 314 [ (20VAC5-314-10 et seq.)
(20VAC5-314) ] of the Virginia Administrative Code.
[ "Commission" means the Virginia State Corporation Commission.
"Competitive service provider" means any entity, other than the utility, supplying electric energy service to the Interconnection Customer. ]
"Customer's interconnection facilities" means all the facilities and equipment owned, operated and maintained by the Interconnection Customer, between the Small Generating Facility and the point of interconnection necessary to physically and electrically interconnect the Small Generating Facility to the utility system.
[ "Commission means the Virginia State
Corporation Commission. ]
"Default– The" means the failure of a
breaching Party to cure its breach under the Small Generator Interconnection
Agreement.
Distribution Company – The Utility that owns and/or
operates the Distribution System located in Virginia to which the small
generation facility proposes to interconnect its small generating facility.
"Distribution system– The Distribution Company's"
means the utility's facilities and equipment used to transmit generally
delivering electricity to ultimate usage points such as homes and industries
directly from nearby generators or from interchanges with higher voltage
transmission systems which transport bulk power over longer distances. The
voltage levels at which distribution systems operate differ among areas
customers from substations supplied by higher voltages (usually at transmission
level). For purposes of this Agreement, all portions of the utility's
transmission system regulated by the Commission for which interconnections are
not within Federal Energy Regulatory Commission jurisdiction are considered also
to be subject to Commission regulations.
"Distribution upgrades– The" means the
additions, modifications, and upgrades to the Distribution Company's
utility's distribution system at or beyond the point of interconnection
necessary to facilitate abate problems on the utility's distribution
system caused by the interconnection of the small generating facility and
render the transmission service necessary to effect the Interconnection
Customer's wholesale sale of electricity in interstate commerce Small
Generating Facility. Distribution upgrades do not include customer's
interconnection facilities or attachment facilities.
[ "Energy service provider" means any
entity supplying electric energy service to the Interconnection Customer. ]
"Facilities study" has the meaning ascribed to it
in the commission's regulations governing the interconnection of small
generating facilities at 20VAC5-314-70 [ F E ].
"Feasibility study" has the meaning ascribed to it
in the commission's regulations governing the interconnection of small
generating facilities at 20VAC5-314-70 [ D C ].
"FERC" means the Federal Energy Regulatory Commission.
"Good Distribution Company Utility Practice–
Any" means any of the practices, methods and acts engaged in or
approved by a significant portion of the electric industry during the relevant
time period, or any of the practices, methods and acts which, in the exercise
of reasonable judgment in light of the facts known at the time the decision was
made, could have been expected to accomplish the desired result at a reasonable
cost consistent with good business practices, reliability, safety and
expedition. Good Distribution Company Utility Practice is not intended
to be limited to the optimum practice, method, or act to the exclusion of all
others, but rather to be acceptable practices, methods, or acts generally
accepted in the region.
"Governmental authority– Any" means any
federal, state, local or other governmental regulatory or administrative agency,
court, commission, department, board, or other governmental subdivision,
legislature, rulemaking board, tribunal, or other governmental authority having
jurisdiction over the Parties, their respective facilities, or the respective
services they provide, and exercising or entitled to exercise any
administrative, executive, police, or taxing authority or power; provided that
such term does not include the Interconnection Customer, the interconnection
provider, or any Affiliate thereof utility, or a utility affiliate.
"Interconnection Customer– Any" or
"IC" means any entity, including the Distribution Company, the
transmission owner or any of the affiliates or subsidiaries of either, that
proposes to interconnect its small generating facility with the Distribution
Company's transmission proposing to interconnect a new Small Generating
Facility with the utility system.
Interconnection facilities – The Distribution Company's
interconnection facilities and the Interconnection Customer's interconnection
facilities. Collectively, interconnection facilities include all facilities and
equipment between the small generating facility and the point of
interconnection, including any modification, additions or upgrades that are
necessary to physically and electrically interconnect the small generating
facility to the Distribution Company's transmission system. Interconnection
facilities are sole use facilities and shall not include distribution upgrades
or system upgrades.
"Interconnection request– The Interconnection
Customer's" means the IC's request, in accordance with [ the
tariff Chapter 314 (20VAC5-314) of the Virginia Administrative Code ],
to interconnect a new small generating facility Small [ General
Generating ] Facility, or to increase the capacity of, or make a
material modification to the operating characteristics of, an existing small
generating facility Small Generating Facility that is interconnected with
the Distribution Company's utility system.
"Interconnection studies" means the studies conducted by the utility, or a third party agreed to by the utility and the Interconnection Customer, in order to determine the interaction of the Small Generating Facility with the utility system and the affected systems in order to specify any modifications to the Small Generating Facility or the electric systems studied to ensure safe and reliable operation of the Small Generating Facility in parallel with the utility system.
"Material modification– A" means a
modification that has a material impact on the cost or timing of any
Interconnection Request with a later queue priority date.
System upgrades – Additions, modifications, and upgrades
to the Distribution Company's distribution and transmission system required at
or beyond the point at which the small generating facility interconnects with
the system to accommodate the interconnection of the small generating facility
with the Distribution Company's transmission system.
"Operating requirements– Any" means any
operating and technical requirements that may be applicable due to Regional
Transmission Organization, Independent System Operator regional
transmission entity, independent system operator, control area, or the Distribution
Company's utility's requirements, including those set forth in the Small Generator
Interconnection Agreement.
"Party" or "Parties" – The
Distribution Company means the utility, the Interconnection Customer or any
combination of the above both.
"Point of interconnection– The" means the
point where the customer's interconnection facilities connect with to
the Distribution Company's transmission utility system.
Reasonable efforts – With respect to an action required
to be attempted or taken by a Party under the Small Generator Interconnection
Agreement, efforts that are timely and consistent with Good Distribution
Company Practice and are otherwise substantially equivalent to those a Party
would use to protect its own interests.
"Regional Transmission Entity" or "RTE" shall refer to an entity having the management and control of a utility's transmission system as further set forth in § 56-579 of the Code of Virginia.
"Small Generating Facility– The" or
"generator" or "SGF" means the Interconnection Customer's device
equipment for the production of electricity identified in the Interconnection
Request, but shall not include the Interconnection Customer's
interconnection facilities.
"Small Generator Interconnection Agreement" or
"SGIA" means the agreement between the utility and the
Interconnection Customer as set forth in Schedule 6 of [ 20VAC5-314-170
of the Commission's regulations governing interconnection of small electrical
generators Chapter 314 (20VAC5-314) of the Virginia Administrative
Code ].
"Supplemental review" has the meaning ascribed to
it in the Commission's regulations governing the interconnection of small
generating facilities at 20VAC5-314-70 [ E I ].
"System" or "utility system" means the distribution and transmission facilities owned, controlled, or operated by the utility that are used to deliver electricity.
"System impact study" has the meaning ascribed to
it in the Commission's regulations governing the interconnection of small
generating facilities at 20VAC5-314-70 [ E D ].
"Tariff– The" means the rates, terms and
conditions filed by the utility with the State Corporation Commission
for the purpose of providing commission-regulated Commission-regulated
electric service to retail customers.
Upgrades – The required additions and modifications to
the Distribution Company's distribution or transmission system at or beyond the
point of interconnection. Upgrades do not include interconnection facilities.
"Transmission system" means the utility's facilities and equipment delivering electric energy to the distribution system, such facilities usually being operated at voltages above the utility's typical distribution system voltages.
"Utility" means the public utility company subject to regulation by the Commission pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code of Virginia with regard to rates and/or service quality to which the Interconnection Customer proposes to interconnect a Small Generating Facility.
Attachment 2 to
Schedule 5 6
Description and Costs of the Small Generating Facility, Customer's Interconnection Facilities, Attachment Facilities and Metering Equipment
Equipment, including the small generating facility,
interconnection facilities, and metering equipment shall be itemized and
identified as being The following shall be provided in this exhibit:
1. An itemization of the major equipment components owned by
the Interconnection Customer or and the Distribution Company. The
Distribution Company will provide a best estimate itemized cost, including
overheads, of its interconnection facilities and metering equipment, and a best
estimate itemized cost of the annual operation and maintenance expenses
associated with its interconnection facilities and metering equipment
utility, including components of the Small Generating Facility, the customer's interconnection
facilities, attachment facilities, and metering equipment. Such itemization
shall identify the owner of each item listed.
2. The utility's estimated itemized cost of its attachment facilities and its metering equipment.
3. The utility's estimated cost of its annual operation and maintenance expenses associated with attachment facilities and metering equipment to be charged to the Interconnection Customer.
Attachment 3 to
Schedule 5 6
Diagram to be provided by applicant
One-line Diagram Depicting the Small Generating Facility, Customer's Interconnection Facilities, Attachment Facilities, Metering Equipment, and Distribution Upgrades
(Diagram and description to be provided by Interconnection Customer [ unless the utility elects to prepare this schedule. If this schedule is prepared by the utility, the IC shall provide a one-line diagram of the SGF and IC's interconnection facilities for the utility to use as a data source for preparing this schedule. ] )
Attachment 4 to
Schedule 5 6
Milestones
In-Service Date:___________________
Critical milestones and responsibility as agreed to by the Parties:
Milestone/Date |
Responsible Party |
(1)______________________ |
___________________________ |
(2)______________________ |
___________________________ |
(3)______________________ |
___________________________ |
(4)______________________ |
___________________________ |
(5)______________________ |
___________________________ |
(6)______________________ |
___________________________ |
(7)______________________ |
___________________________ |
(8)______________________ |
___________________________ |
(9)______________________ |
___________________________ |
(10)_____________________ |
___________________________ |
Agreed to by:
For the Distribution Company Utility
__________________ Date__________
For the Transmission Owner (If Applicable)_____________ Date__________
For the Interconnection Customer____________________ Date__________
Attachment 5 to
Schedule 5 6
Additional Operating
Requirements for the Distribution Company's Utility System and Affected
Systems Needed to Support the Interconnection Customer's Needs
The Distribution Company
utility shall also provide requirements that must be met by the
Interconnection Customer prior to initiating parallel operation with the Distribution
Company's utility system.
Attachment 6 to
Schedule 5 6
Distribution Company's Utility's
Description of its Distribution and Transmission Upgrades And Best and
Estimate of Upgrade Costs
The Distribution Company shall describe upgrades and
provide an itemized estimate of the cost, including overheads, of the upgrades
and annual operation and maintenance expenses associated with such upgrades.
The Distribution Company shall functionalize upgrade costs and annual expenses
as either transmission or distribution related. utility shall provide the
following in this attachment:
1. An itemized list of the upgrades required to be constructed by the utility prior to interconnection of the Small Generating Facility, with transmission and distribution related upgrades shown separately.
2. An estimate of the cost of each item listed pursuant to item 1.
3. An estimate of annual operation and maintenance expenses associated with such upgrades that are to be charged to the Interconnection Customer, shown separately for transmission and distribution related items.
[ Attestation ]
VA.R. Doc. No. R08-1147; Filed May 8, 2009, 1:29 p.m.