Small Generator Interconnection Agreements and Procedures, 7523-7639 [2013-01366]
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Vol. 78
Friday,
No. 22
February 1, 2013
Part III
Department of Energy
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Federal Energy Regulatory Commission
18 CFR Part 35
Small Generator Interconnection Agreements and Procedures;
Proposed Rule
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket No. RM13–2–000]
Small Generator Interconnection
Agreements and Procedures
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission) is
proposing to revise the pro forma Small
Generator Interconnection Procedures
(SGIP) and pro forma Small Generator
Interconnection Agreement (SGIA)
originally set forth in Order No. 2006.
The pro forma SGIP and SGIA establish
the terms and conditions under which
public utilities must provide
interconnection service to Small
Generating Facilities of no more than 20
megawatts (MW). In this Notice of
Proposed Rulemaking (NOPR), the
Commission proposes to modify the pro
forma SGIP to: (1) Incorporate
provisions that would provide an
Interconnection Customer with the
option of requesting from the
Transmission Provider a pre-application
report providing existing information
about system conditions at a possible
Point of Interconnection; (2) revise the
2 MW threshold for participation in the
SUMMARY:
Fast Track Process included in section
2 of the pro forma SGIP; (3) revise the
customer options meeting and the
supplemental review following failure
of the Fast Track screens so that the
supplemental review is performed at the
discretion of the Interconnection
Customer and includes minimum load
and other screens to determine if a
Small Generating Facility may be
interconnected safely and reliably; and
(4) revise the pro forma SGIP Facilities
Study Agreement to allow the
Interconnection Customer the
opportunity to provide written
comments to the Transmission Provider
on the upgrades required for
interconnection. The Commission also
proposes to clarify or correct certain
sections of the pro forma SGIP and
SGIA. The proposed reforms are
intended to ensure that the time and
cost to process small generator
interconnect requests will be just and
reasonable and not unduly
discriminatory. To facilitate discussion
of the proposed reforms, the
Commission intends to hold a workshop
at which stakeholders may discuss the
proposals made in this NOPR. The
workshop is to be held before the end
of the comment period.
DATES: Comments are due June 3, 2013.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Leslie Kerr (Technical Information),
Office of Energy Policy and
Innovation, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
8540, Leslie.Kerr@ferc.gov.
Monica Taba (Technical Information),
Office of Electric Reliability, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–6789,
Monica.Taba@ferc.gov.
Elizabeth Arnold (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–8687,
Elizabeth.Arnold@ferc.gov.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
Table of Contents
Paragraph Nos.
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I. Introduction ...............................................................................................................................................................................
II. Background ...............................................................................................................................................................................
A. Order No. 2006 .................................................................................................................................................................
B. Solar Energy Industries Association Petition ..................................................................................................................
III. Need for Reform ......................................................................................................................................................................
IV. Proposed Reforms ...................................................................................................................................................................
A. Pre-Application Report ....................................................................................................................................................
B. Threshold for Participation in the Fast Track Process ...................................................................................................
C. Customer Options Meeting and Supplemental Review .................................................................................................
D. Review of Required Upgrades .........................................................................................................................................
E. Other Revisions .................................................................................................................................................................
V. Workshop .................................................................................................................................................................................
VI. Compliance Filings .................................................................................................................................................................
VII. Procedural Matters ................................................................................................................................................................
VIII. Information Collection Statement .......................................................................................................................................
IX. Environmental Analysis .........................................................................................................................................................
X. Regulatory Flexibility Act .......................................................................................................................................................
XI. Comment Procedures .............................................................................................................................................................
XII. Document Availability ..........................................................................................................................................................
Appendix A: List of Short Names of
Commenters on the SEIA Petition (Docket
No. RM12–10–000) and the Technical
Conference (Docket No. AD12–17–000).
Appendix B: Proposed Flow Chart for
Interconnecting a Certified Small Generating
Facility Using the ‘‘Fast Track Process.’’
Appendix C: Proposed Revisions to the Pro
Forma SGIP.
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Appendix D: Proposed Revisions to the Pro
Forma SGIA.
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Notice of Proposed Rulemaking
January 17, 2013.
I. Introduction
1. The Commission is proposing to
revise the pro forma Small Generator
Interconnection Procedures (SGIP) and
pro forma Small Generator
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Interconnection Agreement (SGIA)
originally set forth in Order No. 2006.1
The pro forma SGIP and SGIA establish
the terms and conditions under which
public utilities 2 must provide
interconnection service to Small
Generating Facilities 3 of no more than
20 megawatts (MW).4
2. Market changes, including the
growth of small generator
interconnection requests and the growth
in solar photovoltaic (PV) installations,
driven in part by state renewable energy
goals and policies, necessitate a
reevaluation of the SGIP and SGIA to
ensure that they continue to facilitate
Commission-jurisdictional
interconnections in a just and
reasonable and not unduly
discriminatory manner.5 We note that
the Commission has previously
reviewed the Large Generator
Interconnection Procedures (LGIP) after
significant increases in large generator
interconnection requests, mainly from
wind generators, led to challenges in
processing interconnection requests on
a timely basis.6 The Commission
1 Standardization of Small Generator
Interconnection Agreements and Procedures, Order
No. 2006, FERC Stats. & Regs. ¶ 31,180, order on
reh ’g, Order No. 2006–A, FERC Stats. & Regs. ¶
31,196 (2005), order on clarification, Order No.
2006–B, FERC Stats. & Regs. ¶ 31,221 (2006) (Order
No. 2006).
2 For purposes of this Proposed Rule, a public
utility is a utility that owns, controls, or operates
facilities used for transmitting electric energy in
interstate commerce, as defined by the Federal
Power Act (FPA). See 16 U.S.C. 824(e) (2006). A
non-public utility that seeks voluntary compliance
with the reciprocity condition of an Open Access
Transmission Tariff (OATT) may satisfy that
condition by filing an OATT, which includes the
pro forma SGIP and the pro forma SGIA.
3 Capitalized terms used in this NOPR have the
meanings specified in the Glossaries of Terms or the
text of the SGIP or SGIA. Small Generating Facility
means the device for which the Interconnection
Customer has requested interconnection. The owner
of the Small Generating Facility is the
Interconnection Customer. The utility entity with
which the Small Generating Facility is
interconnecting is the Transmission Provider. A
Small Generating Facility is a device used for the
production of electricity having a capacity of no
more than 20 MW. The interconnection process
formally begins with the Interconnection Customer
submitting an application for interconnection,
called an Interconnection Request, to the
Transmission Provider.
4 The pro forma SGIP and SGIA are used by a
public utility to interconnect a Small Generating
Facility with the utility’s transmission facilities or
with its jurisdictional distribution facilities for the
purpose of selling electric energy at wholesale in
interstate commerce.
5 Although not controlling as to interconnections
subject to state jurisdiction, the Commission notes
that one of the intended purposes for the small
generator interconnection regulations set forth in
Order No. 2006 was to serve as a guide for state
interconnection procedures. See Order No. 2006,
FERC Stats. & Regs. ¶ 31,180 at P 4, 8.
6 Docket No. AD08–2–000 explored methods to
address then current queue management challenges
in a manner consistent with Standardization of
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proposes the reforms herein in the belief
that failure to do so now could lead to
unnecessary challenges for Small
Generating Facilities in the future.7
3. Specifically, the Commission
proposes to modify the pro forma SGIP
to: (1) Incorporate provisions that would
provide an Interconnection Customer
with the option of requesting from the
Transmission Provider a pre-application
report providing existing information
about system conditions at a possible
Point of Interconnection; (2) revise the
2 MW threshold for participation in the
Fast Track Process included in section
2 of the pro forma SGIP; (3) revise the
customer options meeting and the
supplemental review following failure
of the Fast Track screens so that the
supplemental review is performed at the
discretion of the Interconnection
Customer and includes minimum load
and other screens to determine if a
Small Generating Facility may be
interconnected safely and reliably; and
(4) revise the pro forma SGIP Facilities
Study Agreement to allow the
Interconnection Customer the
opportunity to provide written
comments on the upgrades required for
interconnection. The Commission also
proposes to clarify or correct certain
sections of the pro forma SGIP and
SGIA.
4. The proposals set forth in this
Notice of Proposed Rulemaking (NOPR)
are intended to ensure that the time and
cost to process small generator
interconnection requests will be just
and reasonable and not unduly
discriminatory as sections 205 and 206
of the FPA require.8 We expect the
proposed reforms will reduce the time
and cost to process small generator
interconnection requests for
Interconnection Customers and
Transmission Providers, maintain
reliability, increase energy supply, and
remove barriers to the development of
new energy sources. While the
Commission proposes that all public
Generator Interconnection Agreements and
Procedures, Order No. 2003, FERC Stats. & Regs. ¶
31,146 (2003), order on reh’g, Order No. 2003–A,
FERC Stats. & Regs. ¶ 31,160, order on reh’g, Order
No. 2003–B, FERC Stats. & Regs. ¶ 31,171 (2004),
order on reh’g, Order No. 2003–C, FERC Stats. &
Regs. ¶ 31,190 (2005), aff’d sub nom. Nat’l Ass’n
of Regulatory Util. Comm’rs v. FERC, 475 F.3d 1277
(D.C. Cir. 2007), cert. denied, 552 U.S. 1230 (2008)
(Order No. 2003).
7 The Commission routinely evaluates the
effectiveness of its regulations and policies in light
of changing industry conditions to determine if
changes in these regulations and policies are
necessary. See, e.g., Integration of Variable Energy
Resources, Order No. 764, 77 FR 41482 (July 13,
2012) FERC Stats. & Regs. ¶ 31,331 (2012).
8 16 U.S.C. 824a and 824b (2006).
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utilities will be required to amend 9
their Open Access Transmission Tariffs
(OATT) to include a modified pro forma
SGIP and SGIA,10 these reforms will
likely impact public utility
Transmission Providers with a
significant penetration of distributed
resources and a larger number of small
generator interconnection requests.
5. The Commission believes there is
sufficient justification for proposing the
reforms discussed below. In light of the
technical nature of these reforms, the
Commission is directing its staff to hold
a workshop at which stakeholders may
discuss possible refinements to the
proposals made in this NOPR before the
end of the comment period.11 The
Commission encourages interested
stakeholders to participate actively in
the workshop to assist the Commission
in developing any appropriate
improvements to the proposed reforms
to the SGIP and SGIA.
II. Background
A. Order No. 2006
6. In Order No. 2006, the Commission
established a pro forma SGIP and SGIA
for the interconnection of generation
resources no larger than 20 MW. The
pro forma SGIP describes how an
Interconnection Customer’s
interconnection request (application)
should be evaluated. The pro forma
SGIP includes three alternative
procedures for evaluating an
interconnection request. They are the
Study Process, which can be used by
any generating facility with a capacity
no larger than 20 MW, and two
procedures that use ten technical
screens to quickly identify safety or
reliability issues associated with
proposed interconnections: (1) The Fast
Track Process for certified 12 Small
Generating Facilities no larger than 2
MW; and (2) the 10 kW Inverter Process
for certified inverter-based 13 Small
9 Compliance procedures are discussed in Part VI
below.
10 See proposed revisions to the pro forma SGIP
in Appendix C and proposed revisions to the pro
forma SGIA in Appendix D.
11 Notice of the date and time of the workshop
will be published separately in the Federal
Register.
12 See Attachments 3 and 4 of the Order No. 2006,
FERC Stats. & Regs. ¶ 31,180 pro forma SGIP, which
specify the codes, standards, and certification
requirements that Small Generating Facilities must
meet.
13 An inverter is a device that converts the direct
current (DC) voltage and current of a DC generator
to alternating voltage and current. For example, the
output of a solar panel is DC. The solar panel’s
output must be converted by an inverter to
alternating current (AC) before it can be
interconnected with a utility’s AC electric system.
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Generating Facilities no larger than 10
kW.
7. The Study Process in section 3 of
the pro forma SGIP is used to evaluate
small generator interconnection requests
that do not qualify for either the Fast
Track Process or the 10 kW Inverter
Process. The Study Process is similar to
the process under the LGIP set forth in
Order No. 2003. The Study Process
normally consists of a scoping meeting,
a feasibility study, a system impact
study, and a facilities study. These
studies identify any adverse system
impacts 14 that must be addressed before
the Small Generating Facility may be
interconnected and any equipment
modifications required to accommodate
the interconnection. Once the
Interconnection Customer agrees to fund
any needed upgrades, an SGIA is
executed that, among other things,
formalizes responsibility for
construction and payment for
interconnection facilities and
upgrades.15
8. Under the current Fast Track
Process, in place of the scoping meeting
and three interconnection studies
performed under the Study Process,
technical screens are used to quickly
identify reliability or safety issues. If the
proposed interconnection passes the
screens, the Transmission Provider
offers the Interconnection Customer an
SGIA without further study. If the
proposed interconnection fails the
screens, but the Transmission Provider
determines that the Small Generating
Facility may be interconnected without
affecting safety and reliability, the
Transmission Provider provides the
Interconnection Customer with an
SGIA. However, if the Transmission
Provider does not or cannot determine
that the Small Generating Facility may
be interconnected without affecting
safety and reliability, the Transmission
Provider offers the Interconnection
Customer the opportunity to attend a
customer options meeting to discuss
how to proceed. In that meeting, the
Transmission Provider must: (1) Offer to
perform facility modifications or minor
modifications to the Transmission
Provider’s system (e.g., changing meters,
fuses, relay settings) and provide a nonbinding good faith estimate of the cost
to make such modifications; (2) offer to
perform a supplemental review if the
Transmission Provider concludes that
the supplemental review might
14 An adverse system impact means that technical
or operational limits on conductors or equipment
are exceeded under the interconnection, which may
compromise the safety or reliability of the electric
system.
15 Order No. 2006, FERC Stats. & Regs. ¶ 31,180
at P 44.
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determine that the Small Generating
Facility could continue to qualify for
interconnection pursuant to the Fast
Track Process, paid for by the
Interconnection Customer, and provide
a non-binding good faith estimate of the
cost of that review; or (3) obtain the
Interconnection Customer’s agreement
to continue evaluating the
interconnection request under the Study
Process. If the Transmission Provider
determines in the supplemental review
that the Small Generating Facility can
be interconnected safely and reliably
and the Interconnection Customer
agrees to pay for any upgrades called for
in the supplemental review, the
Transmission Provider and the
Interconnection Customer execute an
SGIA. If, after the supplemental review,
the Transmission Provider still is unable
to determine that the proposed
interconnection would not degrade the
safety and reliability of its electric
system, the Interconnection Request is
evaluated using the Study Process.
9. The 10 kW Inverter Process is
available for the interconnection of
certified inverter-based generators no
larger than 10 kW. The 10 kW Inverter
Process includes a simplified
application form, interconnection
procedures, and a brief set of terms and
conditions (rather than a separate
interconnection agreement). The 10 kW
Inverter Process uses the same technical
screens as the Fast Track Process. If the
results of the analysis using the
technical screens indicate that the
generator can be interconnected safely
and reliably, the interconnection
application is approved. To simplify the
10 kW Inverter Process, the
Interconnection Customer agrees to the
terms and conditions of the
interconnection at the time the
interconnection request is made.16
10. The technical screens used in the
current 10 kW Inverter Process and the
current Fast Track Process are included
in section 2.2.1 of the pro forma SGIP.
The following is section 2.2.1.2 of the
pro forma SGIP, which is referred to in
this NOPR as the 15 Percent Screen: 17
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 [percent] of
the line section annual peak load as most
16 Id.
P 46.
15 Percent Screen was derived by using a
‘‘rule of thumb’’ that minimum load is
approximately 30 percent of peak load. To assure
minimum loads were not exceeded by generation
on a given line section, a 50 percent safety margin
was applied. See Nat’l Renewable Energy Lab,
Updating Interconnection Screens for PV System
Integration 2 (Feb. 2012), https://www.nrel.gov/docs/
fy12osti/54063.pdf.
17 The
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recently measured at the substation. A line
section is that portion of a Transmission
Provider’s electric system connected to a
customer bounded by automatic
sectionalizing devices or the end of the
distribution line.
11. The Commission anticipated
potential changes to its small generator
interconnection regulations when it
encouraged stakeholders to convene an
informal meeting ‘‘biennially, beginning
two years from the issuance of this
order, to consider and recommend
consensus proposals for changes in the
Commission’s rules for small generator
interconnection.’’ 18 The Commission is
unaware of any such meetings taking
place to date.
B. Solar Energy Industries Association
Petition
12. On February 16, 2012, pursuant to
sections 205 and 206 of the FPA and
Rule 207 of the Commission’s Rules of
Practice and Procedure,19 and noting
that the Commission encouraged
stakeholders to submit proposed
revisions to the regulations set forth in
Order No. 2006,20 the Solar Energy
Industries Association (SEIA) filed a
Petition to Initiate Rulemaking (Petition)
requesting that the Commission revise
the pro forma SGIA and SGIP set forth
in Order No. 2006. SEIA asserts that the
pro forma SGIP and SGIA as applied to
small solar generation are no longer just
and reasonable, have become unduly
discriminatory, and present
unreasonable barriers to market entry.21
SEIA notes that its Petition applies
exclusively to solar electric generation
due to its unique characteristics.22
13. SEIA requests that the
Commission modify the SGIP in three
ways. First, SEIA requests that the
Commission maintain section 2.2.1.2 of
the pro forma SGIP (the 15 Percent
Screen), but amend the pro forma SGIP
to include a well-defined supplemental
review that Transmission Providers
must offer to provide Interconnection
Customers in the event that a Small
Generating Facility fails the 15 Percent
Screen.23
18 Order No. 2006, FERC Stats. & Regs. ¶ 31,180
at P 118.
19 18 CFR 385.207 (2012).
20 SEIA Petition at 4 (citing Order No. 2006, FERC
Stats. & Regs. ¶ 31,180 at P 118).
21 SEIA Petition at 12.
22 Id. at 4 (explaining that solar generation occurs
only during daylight hours when peak load
typically occurs, and solar photovoltaic technology
utilizes inverters with built-in functions that protect
the safety and reliability of the electric system).
23 On May 8, 2012, SEIA filed supplemental
comments in Docket No. RM12–10–000, clarifying
that it supports the supplemental review screens
included in the revision to California Electric Rule
21, the California distribution level interconnection
rules and regulations (Rule 21). These screens
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14. Second, SEIA requests that the
Commission eliminate the 2 MW
threshold for participation in the Fast
Track Process or, in the alternative,
increase the threshold to 10 MW.24
15. Finally, SEIA encourages the
Commission to modify the SGIP to
provide, at the request and cost of the
Interconnection Customer, an
expedited, independent third-party
expert technical review of proposed
upgrades required for interconnection to
evaluate whether there are simpler, less
costly options to insure a safe and
reliable interconnection. SEIA also
encourages the Commission to clearly
articulate that Transmission Providers
are required to give such independent
third-party reviews ‘‘substantial weight’’
or consideration.25
16. On February 28, 2012, the
Commission issued a Notice of Petition
for Rulemaking in Docket No. RM12–
10–000, seeking public comment on
SEIA’s Petition. The Commission
received twenty-three timely comments,
two protests, two out-of-time comments,
and four answers and reply comments.26
17. On June 13, 2012, the Commission
issued a Notice of Technical Conference
in Docket No. RM12–10–000 and in
Docket No. AD12–17–000. On July 17,
2012, the Commission convened a
technical conference at its headquarters.
The Commission received nine posttechnical conference comments,
including clarifying comments from
SEIA.
III. Need for Reform
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18. The Commission preliminarily
finds that the reforms proposed in this
NOPR are needed to ensure that the
rates, terms, and conditions of
interconnection service for Small
Generating Facilities are just and
reasonable and not unduly
discriminatory or preferential.
19. Since the issuance of Order No.
2006, many aspects of the energy
industry have changed. For example,
when Order No. 2006 was issued in
2005, only 79 MW of grid-connected PV
were installed.27 By 2011, gridconnected PV had reached
create thresholds for distributed generation
penetration based on minimum load and establish
criteria for power quality, voltage, safety and
reliability.
24 SEIA Petition at 16–17.
25 Id. at 17–18.
26 See Appendix A: List of Short Names of
Commenters on the SEIA Petition (Docket No.
RM12–10–000) and the Technical Conference
(Docket No. AD12–17–000).
27 See Nat’l Renewable Energy Lab, Updating
Small Generator Interconnection Procedures for
New Market Conditions 7 (Dec. 2012), https://
www.nrel.gov/docs/fy13osti/56790.pdf.
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approximately 4,000 MW.28 Similarly,
installed wind generation with a
capacity of 20 MW or less has increased
in the contiguous United States from
1,185 MW in 2005 to 2,961 MW in
2012.29
20. Recent Commission filings have
referenced higher volumes of small
generator interconnection requests.30
Additionally, state renewable portfolio
standards are driving small generator
interconnection requests and
influencing state policies. As of
November 2012, 29 states and the
District of Columbia had renewable
portfolio standards, with an additional
eight states having renewable portfolio
goals.31 Some state renewable portfolio
standards include increasing the
percentage of renewable energy
resources over time, which will lead to
increasing penetrations of these energy
resources. For example, the California
renewable portfolio standard is 20
percent by December 31, 2013, 25
percent by December 31, 2016, and 33
percent by 2020.32 Similarly, the
Massachusetts renewable portfolio
standard is 15 percent by 2020 and an
additional 1 percent each year
thereafter.33
21. Some states have also adopted
goals and policies to promote growth in
distributed generation. For example,
Arizona, Colorado, and Illinois have
implemented distributed generation
‘‘carve-outs’’ in which a percentage of
the total state renewable portfolio
standard must come from distributed
generation.34 At the July 17, 2012
technical conference, the increase in
28 Id.
at 8.
Financial, Power Plant Summary (2013).
30 See, e.g., Cal. Indep. Sys. Operator Corp., 133
FERC ¶ 61,223, at P 3 (2010) (stating that an
increasing volume of small generator
Interconnection Requests had created
inefficiencies); Pacific Gas & Elec. Co., 135 FERC
¶ 61,094, at P 4 (2011) (stating that increased small
generator Interconnection Requests resulted in a
backlog of 170 requests over three years); PJM
Interconnection, LLC, 139 FERC ¶ 61,079, at P 12
(2012) (stating that smaller projects comprised 66
percent of recent queue volume).
31 See Dep’t of Energy, Summary Maps, https://
www.dsireusa.org/summarymaps/
index.cfm?ee=1&RE=1.
32 See Dep’t of Energy, California Incentives/
Policies for Renewables & Efficiency: Renewables
Portfolio Standard, https://www.dsireusa.org/
incentives/
incentive.cfm?Incentive_Code=CA25R&re=1&ee=1.
33 See Dep’t of Energy, Massachusetts Incentives/
Policies for Renewables & Efficiency: Renewables
Portfolio Standard, https://www.dsireusa.org/
incentives/
incentive.cfm?Incentive_Code=MA05R&re=1&ee=1.
34 See Dep’t of Energy, Summary Maps, https://
www.dsireusa.org/summarymaps/
index.cfm?ee=1&RE=1.
29 SNL
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distributed generation since the
issuance of Order No. 2006 was noted.35
22. The growth in PV installations in
particular has been cited by SEIA and
IREC as evidence that there is a need to
reform certain aspects of the SGIP,36
while the California Utilities, NRECA
and APPA state that this growth is
evidence that Order No. 2006 has been
and continues to be successful at
facilitating interconnection of Small
Generating Facilities.37 These positions
are not mutually exclusive. The success
of Order No. 2006 in facilitating small
generator interconnections could be a
factor in penetration levels reaching 15
percent on certain line sections, which
causes subsequent projects to fail the 15
Percent Screen. If this is the case, the 15
Percent Screen should be re-examined
to determine if revisions to the screen
can be made that will continue to allow
projects to participate in the less costly
and time-consuming Fast Track Process
while maintaining the safety and
reliability of the Transmission
Provider’s system.
23. Moreover, the Commission
intended the pro forma SGIP and SGIA
to apply to interconnections made
subject to a jurisdictional OATT for the
purposes of jurisdictional wholesale
sales while also serving as a model for
state interconnection rules.38 In its
comments on the Petition, the NJBPU
stated support for keeping the pro forma
SGIP current with technological
advances and newly developed
solutions for interconnecting small
generators.39 The California PUC
recommends that the Commission
consider adopting a supplemental
review, including a 100 percent of
minimum load screen similar to the one
in Rule 21, for projects that fail the
initial 15 Percent Screen and consider
increasing the 2 MW threshold for
participation in the Fast Track
Process.40 Comments such as these
indicate that the Commission’s actions
to update its SGIP may assist states in
their own efforts to reevaluate state
interconnection rules.
24. The Commission acknowledges
that the need for reform may not be
uniform across the country and is
proposing reforms that, in
35 July 17, 2012 Technical Conference Transcript
at 26, lines 22–24.
36 SEIA Petition at 6; IREC March 27, 2012
Comments at 7–8.
37 California Utilities Post-Technical Conference
Comments at 3–4; NRECA and APPA March 27,
2012 Protest at 7.
38 Order No. 2006, FERC Stats. & Regs. ¶ 31,180
at P 8.
39 NJBPU March 27, 2012 Comments at 2–3.
40 California PUC April 9, 2012 Comments at 4,
9.
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implementation, should balance the
interests of Small Generating Facilities
and public utility Transmission
Providers.
IV. Proposed Reforms
25. The Commission is proposing four
reforms that are designed to address
interconnection issues confronting
Small Generating Facilities and public
utility Transmission Providers and that
will allow for the more efficient
interconnection of small generation
resources to the benefit of customers.
The Commission also proposes to clarify
or correct certain sections of the pro
forma SGIP and SGIA. Together these
proposals would reform certain aspects
of the SGIP and SGIA that may present
barriers to the interconnection of Small
Generating Facilities and keep the cost
of interconnecting these resources from
becoming unjust, unreasonable or
unduly discriminatory.
A. Pre-Application Report
26. The Commission proposes to
provide the Interconnection Customer
with the option of requesting a preapplication report from the
Transmission Provider for a fee of $300.
The Commission believes the preapplication report will promote
transparency and efficiency in the
interconnection process. In most cases,
a pre-application report would increase
the amount of information available to
Interconnection Customers regarding
system conditions at a particular Point
of Interconnection and help the
Interconnection Customer make a more
efficient decision on siting its generating
facility. Currently, only limited
information is available to the
Interconnection Customer under section
1.2 of the pro forma SGIP (relevant
system studies, interconnection studies
and other materials useful to an
understanding of an interconnection at
a particular point on the system), often
leading developers to submit multiple
requests for interconnection for a single
project to determine which Point of
Interconnection is the most
advantageous. A pre-application report
would enable Interconnection
Customers to better evaluate possible
Points of Interconnection before
submitting a formal interconnection
request, reducing the volume of
interconnection requests and increasing
the efficiency of the interconnection
process for both the Transmission
Provider and the Interconnection
Customer.
27. The proposed revision includes
new sections 1.2.2 through 1.2.4 of the
SGIP and specifies the timeframes for
providing the pre-application report, the
$300 payment requirement from the
Interconnection Customer to the
Transmission Provider for producing
the pre-application report, and the
information that the report should
contain. The pre-application report, as
proposed, would only include
information already available to the
Transmission Provider. The proposed
fee is the same as the amount required
for the Rule 21 pre-application report.
28. To request a pre-application
report, the developer must provide
sufficient information to clearly identify
the proposed Point of Interconnection.
After a request is received, a utility must
provide the report within ten business
days. The utility is only required to
provide existing information; the utility
is not required to obtain new
information prior to preparing the preapplication report. To the extent
information is available, the
Transmission Provider is required to
provide information regarding:
a. Total capacity and available
capacity of the facilities that serve the
Point of Interconnection;
b. Existing and queued generation at
the facilities likely serving the Point of
Interconnection;
c. Voltage of the facilities that serve
the Point of Interconnection;
d. Circuit distance between the
proposed Point of Interconnection and
the substation likely to serve the Point
of Interconnection (Substation);
e. Number and rating of protective
devices and number and type of voltage
regulating devices between the
proposed Point of Interconnection and
the Substation;
f. Number of phases available at the
proposed Point of Interconnection;
g. Limiting conductor ratings from the
proposed Point of Interconnection to the
Substation;
h. Peak and minimum load data; and
i. Existing or known constraints
associated with the Point of
Interconnection.
29. Several commenters express
support for this proposal as a way to
improve the interconnection process by
making it less costly and more
transparent, timely, and predictable.41
The California Utilities argue that this
approach will provide more accurate
information for Interconnection
Customers and will be less costly than
publishing minimum load data as
originally proposed by SEIA.42 IREC
notes that in its experience, generation
developers may submit multiple
interconnection requests in an effort to
find the most cost effective Point of
Interconnection. IREC asserts that it is
inefficient for utilities to process
interconnection requests that are
unlikely to result in interconnections
and that this raises project development
costs for generators.43 IREC states that a
pre-application report would allow
developers to request specific system
information about a proposed Point of
Interconnection.44
B. Threshold for Participation in the
Fast Track Process
30. The Commission proposes to
revise the 2 MW threshold for
participation in the Fast Track Process.
The Commission proposes to base Fast
Track eligibility on individual system
and generator characteristics, up to a
limit of 5 MW. These characteristics
include interconnection voltage level,
the circuit distance of the
interconnection from the substation,
and generator capacity as the basis for
determining whether an Interconnection
Customer is eligible to be evaluated
under the Fast Track Process. This
approach to base Fast Track eligibility
on individual system and generator
characteristics is similar to the proposal
submitted by IREC,45 as shown in the
table below.
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Line voltage
Fast track eligibility regardless of location
< 5 kilovolt (kV) .........................................................................
≥ 5 kV and < 15 kV ..................................................................
≤ 1 MW ...............................................................................
≤ 2 MW ...............................................................................
41 California Utilities Post-Technical Conference
Comments at 6–7; IREC Post-Technical Conference
Comments at 4–8; and Clean Coalition PostTechnical Conference Comments at 9.
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42 California Utilities Post-Technical Conference
Comments at 6–7.
43 IREC Post-Technical Conference Comments at
5.
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Fast track
eligibility on
≥ 600 ampere line
and ≤ 2.5 miles
from substation
≤ 2 MW
≤ 3 MW
44 Id. at 7 (referencing IREC’s Proposed SGIP
Redline at § 1.2.2).
45 Id. at 9–10.
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Line voltage
Fast track eligibility regardless of location
≥ 15 kV and < 30 kV .................................................................
≥ 30 kV ......................................................................................
≤ 3 MW ...............................................................................
≤ 4 MW ...............................................................................
31. The Commission has designed this
proposal in recognition that, as IREC
comments,46 a fixed size limit for the
Fast Track may be unduly conservative
in some cases and not conservative
enough in others due to variations in
distribution line voltage. Commenters
point to voltage at the Point of
Interconnection as a possible
determinant of Fast Track eligibility.47
Other factors mentioned by commenters
include the size of the generator and the
location of the interconnection on the
circuit.48 Voltage and generator size
were factors in the different Fast Track
thresholds that were agreed upon in the
Rule 21 settlement process.49 Pacific
Gas and Electric states that it has
eliminated the 2 MW limit entirely
within its systems, and instead utilizes
soft cap guidelines specific to the
voltage of the Point of Interconnection.
Pacific Gas and Electric asserts that it
chose the advisory caps because they
represent rough estimates of the MW
size that would violate the 15 Percent
Screen on a fully loaded circuit if no
other projects interconnect to that
circuit.50 San Diego Gas & Electric
supports the varied Rule 21 Fast Track
eligibility limits, which it claims
‘‘recognize the variability among
electrical systems.’’ 51
32. The Commission notes that CAISO
has a 5 MW threshold for participation
in its Fast Track Process.52 In its
proposal to increase its Fast Track
46 Id.
at 9.
July 17, 2012 Technical Conference
Transcript at 35, lines 8–11 (San Diego Gas &
Electric stating that higher voltages may allow for
higher penetrations of distributed generation); see
also id. at 105, lines 14–16 (EEI commenting that
a Fast Track threshold based on voltage would be
more accurate than the current 2 MW threshold).
48 See id. at 35, lines 1–4 (San Diego Gas &
Electric asserting that size and location of the Small
Generating Facility may impact the amount of
generation that may be interconnected safely and
reliably); id. at 59 lines 10–16 (same). See also id.
at 38, lines 19–21 (IREC stating that locations
within 2.5 miles of the relevant substation on 600
Ampere line allow for higher penetrations of
distributed generation).
49 See California PUC Motion to Lodge,
Attachment B ‘‘Revised Rule 21 Tariff’’ at 26.
50 Pacific Gas and Electric March 27, 2012
Comments at 4 (citing Pacific Gas and Electric
Company, 135 FERC ¶ 61,094 (2011)).
51 San Diego Gas & Electric March 27, 2012
Comments at 8–9.
52 Cal. Indep. Sys. Operator Corp., 133 FERC ¶
61,223 (2010).
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47 See
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threshold from 2 MW to 5 MW, CAISO
stated that, from an engineering
standpoint, the increase is relatively
small and would cause no greater
impact on the safety and reliability of
the CAISO-controlled transmission
grid.53 The Commission acknowledges,
however, that there are a wide range of
operating practices and electric system
configurations. The Commission
believes that in the instant proceeding,
the proposed revision to the Fast Track
threshold is appropriately based on
individual system and generator
characteristics that allow it to
accommodate a variety of operating
practices and electric system
configurations while also maintaining
safety and reliability. Thus, this
proposal attempts to balance
Interconnection Customers’ need for a
faster, less costly interconnection
process with Transmission Providers’
need to ensure the safety and reliability
of their systems.
C. Customer Options Meeting and
Supplemental Review
33. The Commission proposes to
revise the customer options meeting and
the supplemental review for those
Interconnection Customers whose
projects fail any of the ten Fast Track
screens, including the 15 Percent
Screen.54 As noted in the Background
section above, if the proposed Small
Generating Facility passes the initial
review screens in section 2.2.1 of the
pro forma SGIP, the Transmission
Provider will offer the Interconnection
Customer an SGIA without requiring
any supplemental review. If the
proposed Small Generating Facility fails
any of the screens, but the Transmission
Provider determines that the Small
Generating Facility may be
53 Id.
P 35.
current and proposed supplemental review
is available to Interconnection Customers whose
projects are being evaluated under the Fast Track
Process. If a project is being evaluated under the 10
kW Inverter Process and it fails the screens in
section 2.2.1 of the pro forma SGIP, it may then be
evaluated under the Fast Track Process or the Study
Process. If it is evaluated under the Fast Track
Process, the supplemental review would be
available to the project. (See Order No. 2006, FERC
Stats. & Regs. ¶ 31,180 Appendix D, ‘‘Flow Chart
for Interconnecting a Certified Inverter-Based Small
Generating Facility No Larger than 10 kW Using the
‘‘10 kW Inverter Process’’.)
54 The
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Fast track
eligibility on
≥ 600 ampere line
and ≤ 2.5 miles
from substation
≤ 4 MW
≤ 5 MW
interconnected without affecting safety
and reliability, the Transmission
Provider provides the Interconnection
Customer with an SGIA. If the
Transmission Provider cannot
determine that the Small Generating
Facility may be interconnected without
affecting safety and reliability, the
Transmission Provider must offer the
Interconnection Customer the
opportunity to attend a customer
options meeting as set forth in section
2.3 of the pro forma SGIP to discuss
how to proceed. The Commission
proposes that, in that meeting, the
Transmission Provider must: (1) Offer to
perform facility modifications or minor
modifications to the Transmission
Provider’s system (e.g., changing meters,
fuses, relay settings) and provide a nonbinding good faith estimate of the cost
to make such modifications, and if the
Interconnection Customer agrees to pay
for those minor modifications, the
Transmission Provider will provide the
Interconnection Customer an SGIA
within 5 business days of the customer
options meeting; (2) offer to perform a
supplemental review of the proposed
interconnection, paid for by the
Interconnection Customer in the amount
of $2,500; 55 or (3) obtain the
Interconnection Customer’s agreement
to continue evaluating the
interconnection request under the Study
Process.
34. In order to clarify the outcome of
the customer options meeting, the
Commission proposes to modify section
2.3.1 of the pro forma SGIP to require
the Transmission Provider to provide an
interconnection agreement to the
Interconnection Customer within 5
business days of the customer options
meeting if the Interconnection Customer
agrees to pay for minor modifications on
the Transmission Provider’s system. In
addition, the Commission proposes to
modify section 2.3.2 of the pro forma
SGIP so that the supplemental review is
performed at the discretion of the
Interconnection Customer.
35. Further, the Commission proposes
that the supplemental review consist of
three additional screens: (1) The 100
percent of minimum load screen (using
55 The proposed $2,500 fee for the supplemental
review is the same as the amount required for the
Rule 21 supplemental review.
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daytime minimum load for small solar
generators (20 MW or less) and absolute
minimum load for all other Small
Generating Facilities) (Minimum Load
Screen); (2) the power quality and
voltage screen; and (3) the safety and
reliability screen.56 If the proposed
interconnection fails any of the
supplemental review screens, the
Transmission Provider will notify the
Interconnection Customer that a Study
Process under section 3 of the pro forma
SGIP is required.57
36. The Minimum Load Screen is
designed to ensure that power flow from
the circuit into the substation and its
impact on equipment loading,
operation, and protection systems is
minimal. The Minimum Load Screen
asks whether the aggregate generation
facility capacity on a line section is less
than 100 percent of the minimum load
measured during the period relevant for
the generator type for all line sections
bounded by automatic sectionalizing
devices upstream of the generation
facility. If minimum load data are not
readily available,58 however, the screen
56 These screens are similar to the California Rule
21 screens or tests. See California PUC Motion to
Lodge, Attachment B ‘‘Revised Rule 21 Tariff,’’
Section G.2 ‘‘Supplemental Review Screens’’
detailing the following screens:
(1) Penetration Test: ‘‘Where 12 months of line
section minimum load data is available, can be
calculated, can be estimated from existing data, or
determined from a power flow model, is the
aggregate Generating Facility capacity on the Line
Section less than 100 [percent] of the minimum
load for all line sections bounded by automatic
sectionalizing devices upstream of the Generating
Facility?’’ Note that the ‘‘type of generation will be
taken into account when calculating, estimating or
determining circuit or Line Section minimum load
relevant for the application of this screen. Solar
generation systems with no battery storage use
daytime minimum load (i.e. 10 a.m. to 4 p.m. for
fixed panel systems and 8 a.m. to 6 p.m. for PV
systems utilizing tracking systems), while all other
generation uses absolute minimum load.’’
(2) Power Quality and Voltage Tests: (a) ‘‘Can it
be determined within the Supplemental Review
that the voltage regulation on the line section can
be maintained in compliance with Commission
Rule 2 and/or Conservation Voltage Regulation
voltage requirements under all system conditions?’’
(b) ‘‘Can it be determined within the Supplemental
Review that the voltage fluctuation is within
acceptable limits as defined by [Institute of
Electrical and Electronics Engineers] IEEE 1453 or
utility practice similar to IEEE 1453?’’ (c) ‘‘Can it
be determined within the Supplemental Review
that the harmonic levels meet IEEE 519 limits at the
Point of Common Coupling (PCC)?’’
(3) Safety and Reliability Tests: ‘‘Does the
location of the proposed Generating Facility or the
aggregate generation capacity on the Line Section
create impacts to safety or reliability that cannot be
adequately addressed without Detailed Study?’’
57 See supra P 7 for a description of the Study
Process.
58 Commenters express concern that minimum
load data are not commonly tracked by utilities. See
July 17, 2012 Technical Conference Transcript at
127, lines 16–19; EEI Post-Technical Conference
Comments at 15; SEIA Post-Technical Conference
Comments at 3.
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allows Transmission Providers the
flexibility to calculate, estimate, or
otherwise determine minimum load.
The Commission proposes that, if this is
not possible, the Transmission Provider
must notify the Interconnection
Customer of this in writing and include
the reason(s) it is not possible.
37. The second screen, related to
voltage and power quality, is designed
to ensure that voltage regulation,
fluctuation, and harmonic levels are
kept within their limits in compliance
with reliability standards, IEEE
standards, and other applicable
standards. The third screen, related to
safety and reliability, ensures that a
Small Generating Facility would not
negatively impact safety and reliability.
This screen is intended to provide
Transmission Providers with the
flexibility to identify some of the
specific issues that may arise due to a
Small Generating Facility’s unique
variations.
38. This proposed reform is intended
to decrease interconnection costs in
areas where the penetration of Small
Generating Facilities is causing
Interconnection Customers to fail the 15
Percent Screen. Moreover, the
additional screens proposed to be
included in the supplemental review are
designed to protect the safety and
reliability of the Transmission
Provider’s system while allowing those
Small Generating Facilities that pass the
proposed supplemental review to
interconnect more efficiently and costeffectively.
39. Some commenters argue that that
15 Percent Screen continues to be
effective.59 Others suggest revisions to
the pro forma supplemental review in
the event a project fails the Fast Track
screens, similar to California Rule 21.60
The Commission believes that the Rule
21 approach, after which our proposal is
modeled, is a reasonable middle ground
and proposes to leave the 15 Percent
Screen in place while providing an
alternative to the 15 Percent Screen as
part of the supplemental review that
enables penetration levels to exceed 15
percent on a case-by-case basis if the
Transmission Provider determines that
59 See SoCal Edison March 27, 2012 Comments at
6; EEI Post-Technical Conference Comments at 11–
13.
60 Clean Coalition Post-Technical Conference
Comments at 3–4; IREC Post-Technical Conference
Comments at 14; SEIA May 8, 2012 Comments at
1; California PUC April 9, 2012 Comments at 4; EEI
Post-Technical Conference Comments at 11, fn. 10
(‘‘Whereas the 100 percent minimum load threshold
may be appropriate in the context of a supplemental
review process such as the California Rule 21
proceeding.’’).
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doing so will not create safety or
reliability problems.
40. While SoCal Edison argues that
the existing pro forma SGIP
supplemental review offers utilities the
flexibility to reevaluate projects that fail
the Fast Track screens, including
accounting for the unique
characteristics of solar generation,61 we
note that section 2.4 of the current pro
forma SGIP does not define the
parameters or the timeline and provides
little guidance for conducting the
supplemental review if a Small
Generating Facility fails the Fast Track
screens in section 2 of the SGIP. The
Commission believes that this lack of
definition and transparency could
negatively impact the interconnection
process. A well-defined supplemental
review will provide greater transparency
with regard to what transpires in the
supplemental review, as well as mitigate
confusion and delays in the
interconnection timeline. It will also
allow interconnection requests to be
more expeditiously reviewed while
maintaining safety, reliability, and
power quality standards.
D. Review of Required Upgrades
41. The Commission proposes to
revise the pro forma SGIP to give the
Interconnection Customer an
opportunity to review and comment on
the upgrades required for
interconnection proposed by the
Transmission Provider, similar to the
opportunity for review and comment
afforded the Interconnection Customer
under the LGIP.
42. The Commission believes that,
because the Transmission Provider is
responsible for the safety and reliability
of its system, the Transmission Provider
should make the final decision
regarding required upgrades for
interconnection. However, the
Commission is concerned that the pro
forma SGIP (including the pro forma
Facilities Study Agreement) may result
in unjust and unreasonable
interconnection costs as a result of
failing to provide an opportunity for the
Interconnection Customer to review and
comment on the required upgrades.
Therefore, the Commission proposes to
revise the pro forma SGIP to include
provisions similar to those in sections
8.3 and 8.4 of the pro forma LGIP.
43. In the LGIP, the Interconnection
Customer has the opportunity to
provide written comments on the draft
facilities study report, which includes
the proposed upgrades required for
interconnection. The Transmission
Provider must include these comments
61 SoCal
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in the final report and may alter the
study based on the comments. In
addition, upon request of the
Interconnection Customer, the
Transmission Provider must provide the
Interconnection Customer with
‘‘supporting documentation,
workpapers, and databases or data’’
developed in the preparation of the
facilities study. The LGIP also provides
for a meeting between the
Interconnection Customer and the
Transmission Provider within ten
business days of the Interconnection
Customer receiving the draft facilities
study report.
44. The Commission believes that
incorporating these pro forma LGIP
provisions into the pro forma SGIP will
encourage a dialogue between the
Transmission Provider and the
Interconnection Customer about
required interconnection upgrades and
will provide Interconnection Customers
(or a third party designated by the
Interconnection Customer) with a
meaningful opportunity to review and
comment on interconnection upgrade
requirements.
frequency in Germany is not yet an
issue in the U.S., although overfrequency events have occurred in the
U.S.64 The North American Electric
Reliability Corporation (NERC) has
identified a related bulk electric system
reliability concern as part of its
Frequency Response Initiative 65 where
residential and commercial scale PV
systems could trip during underfrequency conditions. This could
become a matter of concern at high
penetrations of PV resources. While the
German government has ordered the
retrofit of thousands of PV systems at
significant cost to address its frequency
issue,66 the Commission proposes to
prevent such problems with frequency
now to mitigate this risk. The proposed
revisions to section 1.5.4 of the pro
forma SGIA will require the
Interconnection Customer to design,
install, maintain, and operate its Small
Generating Facility, in accordance with
the latest version of the applicable
standards,67 to prevent automatic
disconnection during an over- or underfrequency event and to ensure that rates
remain just and reasonable.
E. Other Revisions
45. The Commission proposes to
clarify or correct certain sections of the
pro forma SGIP and SGIA. First, in
section 3.3.5 of the pro forma SGIA, we
propose to replace the first word of the
section (‘‘This’’) with ‘‘The.’’ Second,
the Commission proposes to revise
section 1.1.1 of the pro forma SGIP to
require that if an Interconnection
Customer wishes to interconnect its
Small Generating Facility using
Network Resource Interconnection
Service, it must do so under the LGIP
and execute the Large Generator
Interconnection Agreement. This
requirement was included in Order No.
2003 62 but was not made clear in the
pro forma SGIP. To facilitate this
clarification, we propose to add the
definitions of Network Resource and
Network Resource Interconnection
Service to Attachment 1, Glossary of
Terms, of the pro forma SGIP.
46. The Commission also proposes to
modify section 1.5.4 of the pro forma
SGIA to address a reliability concern
resulting from recently identified issues
in Germany and the United States
(U.S.). The German issue is related to
over-frequency resulting from
imbalances between generation and
load.63 The specific cause of over-
V. Workshop
62 Order No. 2003, FERC Stats. & Regs. ¶ 31,146
at P 140.
63 In Germany, large amounts of distributed PV
installations are set to trip at frequency 50.2 Hz or
higher. An over-frequency (50.2 Hz and higher)
event can cause the PV generation equipment
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47. Commenters 68 suggest that the
Commission convene a stakeholder
working group or similar process as
contemplated in Order No. 2006 69 to
review and make recommendations on
the proposals in the SEIA Petition and
issues raised at the July 17, 2012
technical conference. In light of the
technical nature of the reforms proposed
above, the Commission agrees that the
rulemaking process could benefit from
stakeholder discussions of the NOPR
proposals and other related issues.
Therefore, during the comment period,
connected to the low-voltage network to shut down.
Such a sudden drop in generation could seriously
disrupt the system.
64 See FERC & NERC, Arizona-Southern
California Outages on September 8, 2011: Causes
and Recommendations (2011), https://
www.nerc.com/files/
AZOutage_Report_01MAY12.pdf.
65 NERC, Frequency Response Initiative Report:
The Reliability Role of Frequency Response 52
(2012), https://www.nerc.com/docs/standards/dt/
FRI_Report_w-appendices_10-15-12.pdf.
66 See VDE, Study on the 50.2 Hz Problem (2012),
https://www.vde.com/en/fnn/Documents/FNN_50-2Hz_Praesentation_2011-09_engl.pdf.
67 See, e.g., IEEE Standard 1547 for
Interconnecting Distributed Resources with Electric
Power Systems and Underwriters Laboratories Inc.
Standard 1741 for Safety for Inverters, Converters,
and Controllers for Use in Independent Power
Systems.
68 NRECA Post-Technical Conference Comments
at 2; EEI Post-Technical Conference Comments at 1–
2; and California Utilities Post-Technical
Conference Comments at 7.
69 Order No. 2006, FERC Stats. & Regs. ¶ 31,180
at P 118.
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the Commission will hold a workshop
so that members of the public, electric
industry participants, and federal and
state agencies may discuss the proposals
in this NOPR and possible refinements
to these proposals before the end of the
comment period.
48. The workshop will be facilitated
by Commission staff and will focus on
the technical details of the NOPR
proposals and other related issues.
Some of the specific items that
Commission staff anticipates addressing
include:
a. Whether the characteristics
proposed for Fast Track Process
eligibility should be modified to protect
system safety and reliability.
b. The specific content of the
proposed supplemental review screens.
For example,
i. Whether twelve months of
minimum load data is appropriate for
use in the Minimum Load Screen, or
whether additional data, if available,
should be required to be considered.
ii. The reasons that minimum load
data are not available to Transmission
Providers and what the Commission
could do to encourage data availability
where appropriate.
c. The content of the pre-application
report.
d. Whether the fees proposed in the
NOPR ($300 for the pre-application
report and $2,500 for the supplemental
review) are appropriate.
e. Whether storage devices could fall
within the definition of Small
Generating Facility included in
Attachment 1 to the SGIP and
Attachment 1 to the SGIA as devices
that produce electricity.
We will schedule the workshop so
that comments on this Proposed Rule
may reflect any reactions to the
workshop discussions.
49. Within April 2, 2013 the
Commission will announce the
workshop in a separate notice.
Comments related to the workshop will
be due at the same time as comments on
this NOPR (see the Comment
Procedures section below).
VI. Compliance Filings
50. To comply with the requirements
of this Proposed Rule, the Commission
proposes to require each public utility
Transmission Provider to submit a
compliance filing within six months of
the effective date of the Final Rule in
this proceeding revising its SGIP and
SGIA or other document(s) subject to
the Commission’s jurisdiction as
necessary to demonstrate that it meets
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the requirements set forth in this
Proposed Rule.70
51. In some cases, public utility
Transmission Providers may have
provisions in their existing SGIPs and
SGIAs that the Commission has deemed
to be consistent with or superior to the
pro forma SGIP and SGIA. Where these
provisions are being modified by the
Final Rule, public utility Transmission
Providers must either comply with the
Final Rule or demonstrate that these
previously-approved variations
continue to be consistent with or
superior to the pro forma SGIP and
SGIA as modified by the Final Rule.
52. The Commission will assess
whether each compliance filing satisfies
the proposed requirements and
principles stated above and issue
additional orders as necessary to ensure
that each public utility Transmission
Provider meets the requirements of this
Proposed Rule.
53. The Commission proposes that
Transmission Providers that are not
public utilities will have to adopt the
requirements of this Proposed Rule as a
condition of maintaining the status of
their safe harbor tariff or otherwise
satisfying the reciprocity requirement of
Order No. 888.71
VII. Procedural Matters
54. On October 8, 2012, the California
PUC submitted a motion to lodge
California PUC Decision (D.) 12–09–018,
the revised Rule 21, and the Assigned
Commissioner’s Amended Scoping
memo and Ruling Requesting Comments
(Amended Scoping Memo).72 In its
motion, the California PUC states that
its recently approved Rule 21 reforms
are central to the issues raised in SEIA’s
Petition and should be lodged into the
record of this proceeding.73 No
comments were filed in response to the
motion.
55. We will grant the California PUC’s
motion to lodge California PUC Decision
(D.) 12–09–018, revised Rule 21, and the
Amended Scoping Memo into the
record of this proceeding because the
documents have provided information
that assisted us in our decision-making
process.
VIII. Information Collection Statement
56. The following collections of
information contained in this Proposed
Rule are subject to review by the Office
of Management and Budget (OMB)
under section 3507(d) of the Paperwork
Reduction Act of 1995.74 OMB’s
regulations require approval of certain
information collection requirements
imposed by agency rules.75 Upon
approval of a collection of information,
OMB will assign an OMB control
number and expiration date.
Respondents subject to the filing
requirements of this rule will not be
penalized for failing to respond to these
collections of information unless the
collections of information display a
valid OMB control number. The
Commission solicits comments on the
Commission’s need for this information,
whether the information will have
practical utility, the accuracy of the
burden estimates, ways to enhance the
quality, utility, and clarity of the
information to be collected or retained,
and any suggested methods for
minimizing respondents’ burden,
including the use of automated
information techniques.
57. Additionally, the Commission
encourages comments regarding the
time burden expected to be required to
comply with the proposed rule.
Burden Estimate: The additional
estimated public reporting burdens for
the proposed reporting requirements in
this rule are as follows:
Data collection
Number of
respondents
Number of
responses 76
Hours per
response
Total annual
hours
FERC 516A
[1]
[2]
[3]
[1 × 2 × 3]
Conforming SGIP and SGIA changes to incorporate
proposed revisions. First year only.
(18 CFR 35.28(f) (2012)) ..............................................
Pre-Application Report (18 CFR 35.28(f) (2012)) .........
142 Transmission Providers ............
1
6
852
Interconnection Customers 77 ...
Transmission Providers ............
Interconnection Customers .......
Transmission Providers ............
Interconnection Customers .......
1
5.63
1
3.52
1
0.5
2
0.5
20
1
400
1600
250
10,000
250
142 Transmission Providers ............
1.76
2
500
..........................................................
..........................................................
........................
........................
........................
........................
13,852
13,000
Supplemental Review (18 CFR 35.28(f) (2012)) ..........
Review of Required Upgrades (18 CFR 35.28(f)
(2012)).
sroberts on DSK5SPTVN1PROD with PROPOSALS
Totals:
First Year ................................................................
Year Two and Ongoing ..........................................
800
142
500
142
250
The Commission seeks comment on
the change in the existing burden that
would result from the following three
proposed revisions that are not included
in the table above. First, the
Commission believes that the proposed
revision of the 2 MW threshold for
participation in the Fast Track Process
will result in a net decrease in the
public reporting burden because some
Small Generating Facilities will be
evaluated under the Fast Track Process
rather than the Study Process. The
Commission estimates that 100
Interconnection Customers annually
may be able to participate in the Fast
Track Process rather than the Study
Process under the proposed rule.
70 See Appendix C and Appendix D for the
proposed pro forma SGIP and SGIA provisions
consistent with this Proposed Rule.
71 Promoting Wholesale Competition Through
Open Access Non-Discriminatory Transmission on
Services by Public Utilities; Recovery of Stranded
Costs by Public Utilities and Transmitting Utilities,
Order No. 888, FERC Stats. & Regs. ¶ 31,036, at
31,760–763 (1996).
72 California PUC Motion to Lodge at 1.
73 Id. at 1–3.
74 44 U.S.C. 3507(d) (2006).
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Second, the Commission proposes to
revise section 2.3.2 so that the
Transmission Provider is no longer
required to provide a good faith estimate
of the cost of performing the
supplemental review to the
Interconnection Customer. The
Commission believes that this may
result in a reduction in burden for the
75 5
CFR 1320.11 (2012).
number of responses represents the average
number of responses per respondent.
77 We assume each request for a pre-application
report corresponds with one Interconnection
Customer.
76 The
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Transmission Provider. Third, the
Commission proposes to revise section
1.1.1 of the pro forma SGIP to require
that if an Interconnection Customer
wishes to interconnect its Small
Generating Facility using Network
Resource Interconnection Service, it
must do so under the LGIP and execute
the Large Generator Interconnection
Agreement. While this addition to the
pro forma SGIP should prevent
Interconnection Customers from
following the SGIP where not
appropriate, thereby reducing the
amount of work, the Commission is
unsure if it will lead to any substantive
burden reduction.
Cost to Comply: The Commission has
projected the cost of compliance to be
$817,268 in the initial year and
$767,000 in subsequent years.
Total Annual Hours for Collection in
initial year (13,852 hours) @ $59/hour 78
= $817,268.
Total Annual Hours for Collection in
subsequent years (13,000 hours) @ $59/
hour = $767,000.
Title: FERC–516A, Standardization of
Small Generator Interconnection
Agreements and Procedures.
Action: Revision of Currently
Approved Collection of Information.
OMB Control No. 1902–0203.
Respondents for this Rulemaking:
Businesses or other for profit and/or
not-for-profit institutions.
Frequency of Information: As
indicated in the table.
Necessity of Information: The
Commission is proposing changes to the
pro forma SGIP and SGIA in order to
more efficiently and cost-effectively
interconnect generators no larger than
20 MW (small generators) to
Commission-jurisdictional transmission
systems. The purpose of this Proposed
Rule is to revise the pro forma SGIP and
SGIA so small generators can be reliably
and efficiently integrated into the
electric grid and to ensure that
Commission-jurisdictional services are
provided at rates, terms and conditions
that are just and reasonable and not
unduly discriminatory. This Proposed
Rule seeks to achieve this goal by
amending the pro forma SGIP and SGIA
to: (1) Incorporate provisions that would
provide an Interconnection Customer
with the option of requesting from the
Transmission Provider a pre-application
report providing existing information
about system conditions at a possible
Point of Interconnection; (2) revise the
78 This figure is the average of the salary plus
benefits for an attorney, consultant (engineer),
engineer, and administrative staff. The wages are
derived from the Bureau of Labor and Statistics at
https://bls.gov/oes/current/naics3_221000.htm and
the benefits figure from https://www.bls.gov/
news.release/ecec.nr0.htm.
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2 MW threshold for participation in the
Fast Track Process included in section
2 of the pro forma SGIP; (3) revise the
customer options meeting and the
supplemental review following failure
of the Fast Track screens so that the
supplemental review is performed at the
discretion of the Interconnection
Customer and includes minimum load
and other screens to determine if a
Small Generating Facility may be
interconnected safely and reliably; and
(4) revise the pro forma SGIP Facilities
Study Agreement to allow the
Interconnection Customer the
opportunity to provide written
comments to the Transmission Provider
on the upgrades required for
interconnection. The Commission also
proposes to clarify or correct certain
sections of the pro forma SGIP and
SGIA.
Internal Review: The Commission has
reviewed the proposed changes and has
determined that the changes are
necessary. These requirements conform
to the Commission’s need for efficient
information collection, communication,
and management within the energy
industry. The Commission has assured
itself, by means of internal review, that
there is specific, objective support for
the burden estimates associated with the
information collection requirements.
58. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director],
email: DataClearance@ferc.gov, Phone:
(202) 502–8663, fax: (202) 273–0873.
59. Comments on the collections of
information and the associated burden
estimates in the proposed rule should be
sent to the Commission in this docket
and may also be sent to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission], at the
following email address:
oira_submission@omb.eop.gov. Please
reference OMB Control No. 1902–0203
and the docket number of this proposed
rulemaking in your submission.
IX. Environmental Analysis
60. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.79 The Commission has
79 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987).
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7533
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.80 The actions proposed
here fall within categorical exclusions
in the Commission’s regulations for
rules that are clarifying, corrective, or
procedural, for information gathering,
analysis, and dissemination, and for
sales, exchange, and transportation of
natural gas that requires no construction
of facilities.81 Therefore, an
environmental assessment is
unnecessary and has not been prepared
as part of this NOPR.
X. Regulatory Flexibility Act
61. The Regulatory Flexibility Act of
1980 (RFA) 82 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a proposed rule and that
minimize any significant economic
impact on a substantial number of small
entities. The Small Business
Administration’s Office of Size
Standards develops the numerical
definition of a small business.83 The
Small Business Administration has
established a size standard for electric
utilities, stating that a firm is small if,
including its affiliates, it is primarily
engaged in the transmission, generation
and/or distribution of electric energy for
sale and its total electric output for the
preceding twelve months did not exceed
four million megawatt hours (MWh).84
The Commission estimates that the total
number of Transmission Providers that,
absent waiver, would have to modify
their current SGIPs and SGIAs is 142. Of
these, an estimated 11 Transmission
Providers dispose of 4 million MWh or
less per year. The Commission estimates
that the average total cost for each of
these entities is $5,381.85 The
Commission does not consider this to be
a significant economic impact. The
estimated total number of
Interconnection Customers that may be
subject to the requirements of this
proposed rule is 800.86 Of these, all are
80 18
CFR 380.4 (2012).
18 CFR 380.4(a)(2)(ii) (2012).
82 5 U.S.C. 601–612 (2006).
83 13 CFR 121.101 (2012).
84 13 CFR 121.201, Sector 22, Utilities & n.1.
85 This number is derived by multiplying the
hourly figure for Transmission Providers in the
Burden Estimate table (12,952) by the cost per hour
($59) divided by the number of Transmission
Providers. 12,952 hrs * $59/hr/142 = $5,381.
86 We assume that 800 Commission-jurisdictional
interconnection requests will be made annually. For
the purposes of this proposed rule, each of these
81 See
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
considered small. The Commission
estimates that the total annual cost for
each entity is $1,984.87 The Commission
does not consider this to be a significant
economic impact. Further, the
Commission expects that
Interconnection Customers that are able
to participate in the Fast Track Process
rather than the Study Process will
benefit from the proposed revisions to
the pro forma SGIP.
62. Based on the above, the
Commission certifies that the new or
revised requirements set forth in the
proposed rule will not have a significant
economic impact on a substantial
number of small entities. Accordingly,
no regulatory flexibility analysis is
required.
XI. Comment Procedures
sroberts on DSK5SPTVN1PROD with PROPOSALS
63. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due June 3, 2013.
Comments must refer to Docket No.
RM13–2–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
64. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
65. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
66. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
requests is assumed to be made by a separate
Interconnection Customer.
87 This number is derived by multiplying the
hourly figure for Interconnection Customers in the
Burden Estimate table (900) plus an additional 750
hours associated with reviewing the draft facilities
study report by the cost per hour ($59); plus the
$300 fee per pre-application report multiplied by
800 Interconnection Customers; plus the $2,500 fee
per supplemental review multiplied by 500
Interconnection Customers; all divided by the total
number of Interconnection Customers (800). ((1,650
hrs * $59/hr) + ($300 * 800) + ($2,500 * 500))/800
= $1,984.
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on this proposal are not required to
serve copies of their comments on other
commenters.
XII. Document Availability
67. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
68. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
69. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities,
and Reporting and recordkeeping
requirements.
By direction of the Commission. Chairman
Wellinghoff is not participating.
Commissioner Clark is recused.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to revise Part 35,
Chapter I, Title 18 of the Code of
Federal Regulations as follows.
PART 35—FILING OF RATE
SCHEDULES
1. The authority citation for Part 35
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
■
2. Revise § 35.28(f) to read as follows:
§ 35.28 Non-discriminatory open access
transmission tariff.
*
*
*
*
*
(f) * * *
(1) Every public utility that is
required to have on file a nondiscriminatory open access transmission
tariff under this section must amend
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such tariff by adding the standard
interconnection procedures and
agreement contained in Order No. 2003,
FERC Stats. & Regs. ¶ 31,146 (Final Rule
on Generator Interconnection), as
amended by the Commission in Order
No. 661, FERC Stats. & Regs. ¶ 31,186
(Final Rule on Interconnection for Wind
Energy), and the standard small
generator interconnection procedures
and agreement contained in Order No.
2006, FERC Stats. & Regs. ¶ 31,180
(Final Rule on Small Generator
Interconnection), as amended by the
Commission in Order No. ll, FERC
Stats. & Regs. ¶ ll (Final Rule on
Small Generator Interconnection
Agreements and Procedures), or such
other interconnection procedures and
agreements as may be approved by the
Commission consistent with Order No.
2003, FERC Stats. & Regs. ¶ 31,146
(Final Rule on Generator
Interconnection), Order No. 2006, FERC
Stats. & Regs. ¶ 31,180 (Final Rule on
Small Generator Interconnection), and
Order No. ll, FERC Stats. & Regs.
¶ ll (Final Rule on Small Generator
Interconnection Agreements and
Procedures).
(i) The amendment to implement the
Final Rule on Generator Interconnection
required by the preceding subsection
must be filed no later than January 20,
2004.
(ii) The amendment to implement the
Final Rule on Small Generator
Interconnection required by the
preceding subsection must be filed no
later than August 12, 2005.
(iii) The amendment to implement the
Final Rule on Interconnection for Wind
Energy required by the preceding
subsection must be filed no later than
December 30, 2005.
(iv) The amendment to implement the
Final Rule on Small Generator
Interconnection Procedures required by
the preceding subsection must be filed
no later than April 2, 2013.
(v) Any public utility that seeks a
deviation from the standard
interconnection procedures and
agreement contained in Order No. 2003,
FERC Stats. & Regs. ¶ 31,146 (Final Rule
on Generator Interconnection), as
amended by the Commission in Order
No. 661, FERC Stats. & Regs. ¶ 31,186
(Final Rule on Interconnection for Wind
Energy), or the standard small generator
interconnection procedures and
agreement contained in Order No. 2006,
FERC Stats. & Regs. ¶ 31,180 (Final Rule
on Small Generator Interconnection), as
amended by the Commission in Order
No. ll, FERC Stats. & Regs. ¶ ll
(Final Rule on Small Generator
Interconnection Agreements and
Procedures), must demonstrate that the
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deviation is consistent with the
principles of either Order No. 2003,
FERC Stats. & Regs. ¶ 31,146 (Final Rule
on Generator Interconnection) or Order
No. 2006, FERC Stats. & Regs. ¶ 31,180
(Final Rule on Small Generator
Interconnection).
*
*
*
*
*
Note: Appendix A will not be published in
the Code of Federal Regulations.
7535
Appendix A: List of Short Names of
Commenters on the SEIA Petition
(Docket No. RM12–10–000) and the
Technical Conference (Docket No.
AD12–17–000)
Short name or acronym
Commenter
AEP .................................................
Amonix ............................................
Borrego ...........................................
California ISO ..................................
California PUC ................................
California Utilities ............................
American Electric Power Service Corporation.
Amonix.
Borrego Solar Systems.
California Independent System Operator Corporation.
California Public Utilities Commission.
Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison
Company.
Clean Coalition.
Detroit Edison Company.
Duke Energy Corporation.
Edison Electric Institute.
Environmental Defense Fund.
enXco Development Corporation.
Interstate Renewable Energy Council.
National Association of Regulatory Utility Commissioners.
National Rural Electric Cooperative Association and American Public Power Association.
Nevada Power Company and Sierra Pacific Power Company.
New Jersey Board of Public Utilities.
NRG Companies.
Pacific Gas and Electric Company.
Pepco Holdings Inc., Atlantic City Electric Company, Delmarva Power & Light Company, and Potomac
Electric Power Company.
PJM Interconnection, LLC.
Center for Rural Affairs, Climate + Energy Project, Conservation Law Foundation, Energy Future Coalition,
Environmental Law & Policy Center, Fresh Energy, National Audubon Society, Natural Resources Defense Council, Northwest Energy Coalition, Pace Energy and Climate Center, Southern Environmental
Law Center, Sustainable FERC Project, Sierra Club, Union of Concerned Scientists, and the Wilderness
Society.
Recurrent Energy.
San Diego Gas & Electric Company.
Solar Energy Industries Association.
SolarCity Corporation.
Southern California Edison Company.
SunEdison LLC.
SunPower Corporation.
Suntech America.
United States Clean Heat & Power Association.
Clean Coalition ................................
Detroit Edison .................................
Duke ................................................
EEI ..................................................
Environmental Defense Fund .........
enXco ..............................................
IREC ................................................
NARUC ...........................................
NRECA and APPA ..........................
NV Energy .......................................
NJBPU ............................................
NRG ................................................
Pacific Gas and Electric ..................
Pepco ..............................................
PJM .................................................
Public Interest Organizations ..........
sroberts on DSK5SPTVN1PROD with PROPOSALS
Recurrent Energy ............................
San Diego Gas & Electric ...............
SEIA ................................................
SolarCity ..........................................
SoCal Edison ..................................
SunEdison .......................................
SunPower ........................................
Suntech ...........................................
USCHPA .........................................
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Note: Appendix B will not be published in
the Code of Federal Regulations.
Appendix B
Flow Chart for Interconnecting a Certified Small Generating
Facility Using the "Fast Track Process"
Pre-Application Discussions
Interconnection Customer
submits Interconnection
Request and processing fee
Yes
Is the Interconnection Request
complete?
No
Interconnection Customer
provides more information?
No
Yes
Is the Small Generating
Facility certified? Is it
eligible for the Fast
Track Process?
No
Yes
Does the proposed
interconnection pass the
screens?
Yes
Evaluate the Interconnection
Request under the Study
Process
No
Does the
Transmission
Provider believe
it can safely
interconnect the
Small Generating
facility?
Supplemental Review:
Does the proposed
interconnection pass the
Supplemental Review
screens?
No
Yes
Sign an
Interconnection
Agreement
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Request
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Does the Interconnection Customer
agree to pay for minor Interconnection
lJpgrades to the Transmission
Provider's Transmission electric
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Note: Appendix C will not be published in
the Code of Federal Regulations.
7537
Appendix C to the Proposed Small
Generator Interconnection Rule
SMALL GENERATOR
INTERCONNECTION PROCEDURES (SGIP)
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(For Generating Facilities No Larger Than 20 MW)
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TABLE OF CONTENTS
Page No.
Section 1. Application .................................................................................................. - 1 1.1
Applicability ............................................................................................. - 1 1.2
Pre-Application ........................................................................................ - 2 1.3
Interconnection Request ........................................................................... - 4 1.4
Modification of the Interconnection Request ........................................... - 5 1.5
Site Control. .............................................................................................. - 5 1.6
Queue Position ......................................................................................... - 5 1.7
Interconnection Requests Submitted Prior to the Effective Date of the SGIP
-6Section 2. Fast Track Process .................................................................................... - 6 2.1
Applicability ............................................................................................. - 6 2.2
Initial Review ........................................................................................... - 7 2.2.1
Screens .......................................................................................... - 7 2.3
Customer Options Meeting .................................................................... - 10 2.4
Supplemental Review ............................................................................. - 11 Section 3. Study Process ............................................................................................ - 15 3.1
Applicability ........................................................................................... - 15 3.2
Scoping Meeting ..................................................................................... - 15 3.3
Feasibility Study ..................................................................................... - 163.4
System Impact Study .............................................................................. - 16 3.5
Facilities Study ....................................................................................... - 18 Section 4. Provisions that Apply to All Interconnection Requests ........................ - 19 4.1
Reasonable Efforts ................................................................................. - 19 4.2
Disputes .................................................................................................. - 19 4.3
Interconnection Metering ....................................................................... - 20 4.4
Commissioning ....................................................................................... - 20 4.5
Confidentiality ........................................................................................ - 20 4.6
Comparability ......................................................................................... - 21 4.7
Record Retention .................................................................................... - 22 4.8
Interconnection Agreement .................................................................... - 22 4.9
Coordination with Affected Systems ..................................................... - 22 4.10
Capacity of the Small Generating Facility ............................................. - 22 =-=-:.;===-"- -
~===-=
Glossary of Terms
- Small Generator Interconnection Request
.:...=.:===..::::. - Certification Codes and Standards
~~~~..2.
- 1-
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Certification of Small Generator Equipment Packages
~===--"'- - Application, Procedures, and Terms and Conditions for Interconnecting a
-
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7539
- ii -
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Certified Inverter-Based Small Generating Facility No Larger than 10 kW (" 10 kW
Inverter Process")
~~1ill~J.? - Feasibility Study Agreement
A!1ill.91ill~.1- System Impact Study Agreement
~:~~~~~ - Facilities Study Agreement
7540
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Section 1. Application
1.1
Applicability
1.1.1 A request to interconnect a certified Small Generating Facility (See
Attachments 3 and 4 for description of certification criteria) no larger than
2 ~4'.V to the Transmission Provider's Distribution System shall be
evaluated under the section 2 Fast Track Process if the eligibility
requirements of section 2.1 are met. A request to interconnect a certified
inverter-based Small Generating Facility no larger than 10 kilowatts (kW}
shall be evaluated under the Attachment 5 10 kW Inverter Process. A
request to interconnect a Small Generating Facility larger than 2 M'N but
no larger than 20 megawatts (MW) that does not meet the eligibility
requirements of section 2.1, or or a Small Generating Facility that does not
pass the Fast Track Process or the 10 kW Inverter Process, shall be
evaluated under the section 3 Study Process. If the Interconnection
Customer wishes to interconnect its Small Generating Facility using
Network Resource Interconnection Service, it must do so under the
Standard Large Generator Interconnection Procedures and execute the
Standard Large Generator Interconnection Agreement.
1.1.2 Capitalized terms used herein shall have the meanings specified in the
Glossary of Terms in Attachment 1 or the body of these procedures.
1.1.3 Neither these procedures nor the requirements included hereunder apply to
Small Generating Facilities interconnected or approved for interconnection
prior to 60 Business Days after the effective date of these procedures.
1.1.4 Prior to submitting its Interconnection Request (Attachment 2), the
Interconnection Customer may ask the Transmission Provider's
interconnection contact employee or office whether the proposed
interconnection is subject to these procedures. The Transmission Provider
shall respond within 15 Business Days.
Small Generator Interconnection Procedures (SGIP)
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1.1.5 Infrastructure security of electric system equipment and operations and
control hardware and software is essential to ensure day-to-day reliability
and operational security. The Federal Energy Regulatory Commission
expects all Transmission Providers, market participants, and
Interconnection Customers interconnected with electric systems to comply
with the recommendations offered by the President's Critical Infrastructure
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7541
Protection Board and best practice recommendations from the electric
reliability authority. All public utilities are expected to meet basic
standards for electric system infrastructure and operational security,
including physical, operational, and cyber-security practices.
1.1.6 References in these procedures to interconnection agreement are to the
Small Generator Interconnection Agreement (SGIA).
1.2
Pre-Application
1.2.1 The Transmission Provider shall designate an employee or office from
which information on the application process and on an Affected System
can be obtained through informal requests from the Interconnection
Customer presenting a proposed project for a specific site. The name,
telephone number, and e-mail address of such contact employee or office
shall be made available on the Transmission Provider's Internet web site.
Electric system information provided to the Interconnection Customer
should include relevant system studies, interconnection studies, and other
materials useful to an understanding of an interconnection at a particular
point on the Transmission Provider's Transmission System, to the extent
such provision does not violate confidentiality provisions of prior
agreements or critical infrastructure requirements. The Transmission
Provider shall comply with reasonable requests for such information.
1.2.2 In addition to the information described in section 1.2.1, which may be
provided in response to an informal request, an Interconnection Customer
may submit a formal written request along with a non-refundable fee of
$300 for a pre-application report on a proposed project at a specific site.
The written pre-application report request shall include a proposed Point of
Interconnection, which shall be defined sufficiently to clearly identify the
location of the proposed Point of Interconnection. The Transmission
Provider shall provide the pre-application data described in section 1.2.3 to
the Interconnection Customer within ten (10) Business Days of receipt of
the written request and payment of the $300 fee.
1.2.3 Subject to section 1.2.4, the pre-application report will include the
following information:
Total capacity (in MW) of substation/area bus, bank or circuit
based on normal or operating ratings likely to serve the
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1.2.3.1
7542
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
proposed Point of Interconnection.
Existing aggregate generation capacity (in MW)
interconnected to a substation/area bus, bank or circuit (i.e.,
amount of generation online) likely to serve the proposed
Point of Interconnection.
1.2.3.3
Aggregate queued generation capacity (in MW) for a
substation/area bus, bank or circuit (i.e., amount of generation
in the queue) likely to serve the proposed Point of
Interconnection.
1.2.3.4
Available capacity (in MW) of substation/area bus or bank
and circuit mostly likely to serve the proposed Point of
Interconnection (i.e., total capacity less the sum of existing
aggregate generation capacity and aggregate queued
generation capacity).
1.2.3.5
Substation nominal distribution voltage and/or transmission
nominal voltage if applicable.
1.2.3.6
Nominal distribution circuit voltage at the proposed Point of
Interconnection.
1.2.3.7
Approximate circuit distance between the proposed Point of
Interconnection and the substation.
1.2.3.8
Relevant line section(s) peak load estimate, and minimum
load data, including daytime minimum load as described in
section 2.3.1.1.1 below and absolute minimum load, when
available.
1.2.3.9
Number and rating of protective devices and number and type
(standard, bi-directional) of voltage regulating devices
between the proposed Point of Interconnection and the
substation/area. IdentifY whether the substation has a load tap
changer.
1.2.3.1 0
Number of phases available at the proposed Point of
Interconnection.
Small Generator Interconnection Procedures (SGIP)
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1.2.3.2
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
1.2.3.11
Limiting conductor ratings from the proposed Point of
Interconnection to the distribution substation.
1.2.3.12
7543
Based on the proposed Point of Interconnection, existing or
known constraints such as, but not limited to, electrical
dependencies at that location, short circuit interrupting
capacity issues, power quality or stability issues on the
circuit, capacity constraints, or secondary networks.
1.2.4 The pre-application report need only include existing data. A preapplication report request does not obligate the Transmission Provider to
conduct a study or other analysis of the proposed generator in the event that
data is not readily available. If the Transmission Provider cannot complete
all or some of a pre-application report due to lack of available data, the
Transmission Provider shall provide the Interconnection Customer with a
pre-application report that includes the data that is available. The provision
of information on "available capacity" pursuant to section 1.2.3.4 does not
imply that an interconnection up to this level may be completed without
impacts since there are many variables studied as part of the
interconnection review process, and data provided in the pre-application
report may become outdated at the time of the submission of the complete
Interconnection Request. Notwithstanding any of the provisions of this
section, the Transmission Provider shall, in good faith, include data in the
pre-application report that represents that best available information at the
time of reporting.
Interconnection Request
The Interconnection Customer shall submit its Interconnection Request to the
Transmission Provider, together with the processing fee or deposit specified in the
Interconnection Request. The Interconnection Request shall be date- and timestamped upon receipt. The original date- and time-stamp applied to the
Interconnection Request at the time of its original submission shall be accepted 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
Transmission Provider within three Business Days of receiving the
Interconnection Request. The Transmission Provider shall notifY the
Interconnection Customer within ten Business Days of the receipt of the
Interconnection Request as to whether the Interconnection Request is complete or
incomplete. If the Interconnection Request is incomplete, the Transmission
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1.3
7544
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Provider shall provide along with the notice that the Interconnection Request is
incomplete, a written list detailing all information that must be provided to
complete the Interconnection Request. The Interconnection Customer will have
ten Business Days after receipt of the notice to submit the listed information or to
request an extension of time to provide such information. If the Interconnection
Customer does not provide the listed information or a request for an extension of
time within the deadline, the Interconnection Request will be deemed withdrawn.
An Interconnection Request will be deemed complete upon submission of the
listed information to the Transmission Provider.
1.4
Modification of the Interconnection Request
Any modification to machine data or equipment configuration or to the
interconnection site of the Small Generating Facility not agreed to in writing by
the Transmission Provider and the Interconnection Customer may be deemed a
withdrawal of the Interconnection Request and may require submission of a new
Interconnection Request, unless proper notification of each Party by the other and
a reasonable time to cure the problems created by the changes are undertaken.
1.5
Site Control
Documentation of site control must be submitted with the Interconnection
Request. Site control may be demonstrated through:
1.5.1 Ownership of, a leasehold interest in, or a right to develop a site for the
purpose of constructing the Small Generating Facility;
1.5.2 An option to purchase or acquire a leasehold site for such purpose; or
1.5.3 An exclusivity or other business relationship between the Interconnection
Customer and the entity having the right to sell, lease, or grant the
Interconnection Customer the right to possess or occupy a site for such
purpose.
Queue Position
The Transmission Provider shall assign a Queue Position based upon the date- and
time-stamp of the Interconnection Request. The Queue Position of each
Interconnection Request will be used to determine the cost responsibility for the
Upgrades necessary to accommodate the interconnection. The Transmission
Provider shall maintain a single queue per geographic region. At the Transmission
Provider's option, Interconnection Requests may be studied serially or in clusters
for the purpose of the system impact study.
Small Generator Interconnection Procedures (SGIP)
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1.6
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
1.7
7545
Interconnection Requests Submitted Prior to the Effective Date of the SGIP
Nothing in this SGIP affects an Interconnection Customer's Queue Position
assigned before the effective date of this SGIP. The Parties agree to complete
work on any interconnection study agreement executed prior the effective date of
this SGIP in accordance with the terms and conditions of that interconnection
study agreement. Any new studies or other additional work will be completed
pursuant to this SGIP.
Section 2. Fast Track Process
Applicability
The Fast Track Process is available to an Interconnection Customer proposing to
interconnect its Small Generating Facility with the Transmission Provider's
Transmission Distribution System if the Small Generating Facility's capacity does
not exceed the limits identified in the table below, which vary according to the
voltage of the line at the proposed Point of Interconnection. Small Generating
Facilities located within 2.5 miles of a substation and on a main distribution line
with minimum 600-ampere capacity are eligible for the Fast Track Process under
the higher thresholds. In addition to the size threshold, is no larger than 2 ~4Vl
and--ifthe Interconnection Customer's proposed Small Generating Facility must
meets the codes, standards, and certification requirements of Attachments 3 and 4
of these procedures, or the Transmission Provider has to have reviewed the design
or tested the proposed Small Generating Facility and isbe satisfied that it is safe to
operate.
Small Generator Interconnection Procedures (SGIP)
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2.1
7546
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Line Volta2e
< 5 kilovolt (kV)
> 5 k V and < 15 k V
>15kVand<30kV
> 30kV
2.2
Fast Track Eligibility
Regardless of
Location
< IMW
< 2MW
< 3MW
< 4MW
Fast Track Eligibility on
> 600 Am(!ere Line
and < 2.5 Miles from
Substation
< 2MW
< 3MW
< 4MW
<5MW
Initial Review
Within 15 Business Days after the Transmission Provider notifies the
Interconnection Customer it has received a complete Interconnection Request, the
Transmission Provider shall perform an initial review using the screens set forth
below, shall notify the Interconnection Customer of the results, and include with
the notification copies of the analysis and data underlying the Transmission
Provider's determinations under the screens.
2.2.1
Screens
2.2.1.1
The proposed Small Generating Facility's Point of
Interconnection must be on a portion of the Transmission
Provider's Distribution System that is subject to the Tariff.
2.2.1.2
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 annual peak
load as most recently measured at the substation. A line
section is that portion of a Transmission Provider's electric
system connected to a customer bounded by automatic
sectionalizing devices or the end of the distribution line.
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For interconnection of a proposed Small Generating Facility
to the load side of spot network protectors, the proposed
Small Generating Facility must utilize an inverter-based
equipment package and, together with the aggregated other
inverter-based generation, shall not exceed the smaller of 5 %
Small Generator Interconnection Procedures (SGIP) - 7 sroberts on DSK5SPTVN1PROD with PROPOSALS
2.2.1.3
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7547
of a spot network's maximum load or 50 kwt.
2.2.1.4
The proposed Small Generating Facility, in aggregation with
other generation on the distribution circuit, shall not
contribute more than] 0 % to the distribution circuit's
maximum fault current at the point on the high voltage
(primary) level nearest the proposed point of change of
ownership.
2.2.1.5
The proposed Small Generating Facility, 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 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 a circuit that already
exceeds
87.5 % of the short circuit interrupting capability.
2.2.1.6
Using the table below, determine the type of interconnection
to a primary distribution line. This screen includes a review
of the type of electrical service provided to the
Interconnecting Customer, including line configuration and
the transformer connection to limit the potential for creating
over-voltages on the Transmission Provider's electric power
system due to a loss of ground during the operating time of
any anti-islanding function.
Primary Distribution
Line Type
Three-phase, three wire
Type of Interconnection
to Primary Distribution
Line
3-phase or single phase,
phase-to-phase
Result/Criteria
Pass screen
A spot Network is a type of distribution system found within modem commercial
buildings to provide high reliability of service to a single customer. (Standard Handbook
for Electrical Engineers, 11 th edition, Donald Fink, McGraw Hill Book Company)
Small Generator Interconnection Procedures (SGIP)
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1
7548
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Three-phase, four wire
Effectively-grounded 3
phase or Single-phase,
line-to-neutral
Pass screen
2.2.1.7
If the proposed Small Generating Facility is to be
interconnected on single-phase shared secondary, the
aggregate generation capacity on the shared secondary,
including the proposed Small Generating Facility, shall not
exceed 20 kW.
2.2.1.8
If the proposed Small Generating Facility 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.
2.2.1.9
The Small Generating Facility, in aggregate with other
generation interconnected to the transmission side of a
substation transformer feeding the circuit where the Small
Generating Facility 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 (~, three or four transmission busses from
the point of interconnection).
2.2.1.10
No construction of facilities by the Transmission Provider on
its own system shall be required to accommodate the Small
Generating Facility.
2.2.3 If the proposed interconnection fails the screens, but the Transmission
Provider determines that the Small Generating Facility may nevertheless be
interconnected consistent with safety, reliability, and power quality
standards, the Transmission Provider shall provide the Interconnection
Customer an executable interconnection agreement within five ill Business
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2.2.2 If the proposed interconnection passes the screens, the Interconnection
Request shall be approved and the Transmission Provider will provide the
Interconnection Customer an executable interconnection agreement within
five ill Business Days after the determination.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7549
Days after the determination.
2.2.4 If the proposed interconnection fails the screens, .ffit.tand the Transmission Provider
does not or cannot determine from the initial review that the Small Generating Facility
may nevertheless be interconnected consistent with safety, reliability, and power quality
standards unless the Interconnection Customer is willing to consider minor modifications
or further study, the Transmission Provider shall provide the Interconnection Customer
with the opportunity to attend a customer options meeting.
2.3
Customer Options Meeting
If the Transmission Provider determines the Interconnection Request cannot be
approved without minor modifications at minimal cost; or a supplemental study or
other additional studies or actions; or at significant cost to address safety,
reliability, or power quality problems, within the five Business Day period after
the determination, the Transmission Provider shall notify the Interconnection
Customer and provide copies of all data and analyses underlying its conclusion.
Within ten !.l.Q2 Business Days of the Transmission Provider's determination, the
Transmission Provider shall offer to convene a customer options meeting with the
Transmission Provider to review possible Interconnection Customer facility
modifications or the screen analysis and related results, to determine what further
steps are needed to permit the Small Generating Facility to be connected safely
and reliably. At the time of notification of the Transmission Provider's
determination, or at the customer options meeting, the Transmission Provider
shall:
2.3.1 Offer to perform facility modifications or minor modifications to the
Transmission Provider's electric systemJ~.!.&, changing meters, fuses, relay
settings) and provide a non-binding good faith estimate of the limited cost
to make such modifications to the Transmission Provider's electric system:.
If the Interconnection Customer agrees to pay for the modifications to the
Transmission Provider's electric system, the Transmission Provider will
provide the Interconnection Customer with an executable interconnection
agreement within five (5) Business Days of the Customer Options Meeting;
or
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2.3.2 Offer to perform a supplemental review in accordance with section 2.4-if
the Transmission Provider concludes that the supplemental review might
determine that the Small Generating Facility could continue to qualify for
interconnection pursuant to the Fast Track Process, and provide a non
binding good faith estimate of the costs of such revie\v; or
7550
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
2.3.3 Obtain the Interconnection Customer's agreement to continue evaluating the
Interconnection Request under the section 3 Study Process.
2.4
Supplemental Review
If the Interconnection Customer agrees to a supplemental review, the
Interconnection Customer shall agree in writing within fifteen (15) Business Days
of the offer, and submit a deposit for the estimated costs the nonrefundable
supplemental review fee of $2,500 to the Transmission Provider, or the
Interconnection Request shall be deemed withdrawn. The Interconnection
Customer shall be responsible for the Transmission Provider's actual costs for
conducting the supplemental review. The Interconnection Customer must pay any
revie'll costs that exceed the deposit within 20 Business Days of receipt of the
invoice or resolution of any dispute. If the deposit exceeds the invoiced costs, the
Transmission Provider will return such excess within 20 Business Days of the
invoice without interest.
2.4.1 Within twenty (20) Business Days following receipt ofthe deposit for a
supplemental review fee, the Transmission Provider will determine if the
Small Generating Facility can be interconnected safely and reliablyshall
perform a supplemental review using the screens set forth below, shall
notify the Interconnection Customer of the results, and include with the
notification copies of the analysis and data underlying the Transmission
Provider's determinations under the screens.
If so, the Transmission Provider shall forward an executable
interconnection agreement to the Interconnection Customer
'llithin five Business DaysWhere twelve (12) months of line
section minimum load data is available, can be calculated, can
be estimated from existing data, or determined from a power
flow model, the aggregate Generating Facility capacity on the
line section is less than 100% of the minimum load for all line
sections bounded by automatic sectionalizing devices
upstream of the proposed Small Generating Facility. If
minimum load data is not available, or cannot be calculated,
estimated or determined, the Transmission Provider shall
include the reason(s) that it is unable to calculate, estimate or
determine minimum load in its supplemental review results
notification under section 2.4.1.
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2.4.1.1
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
2.4.1.1.1
The type of generation used by the proposed
Small Generating Facility will be taken into
account when calculating, estimating, or
determining circuit or line section minimum
load relevant for the application of screen
2.4.1.1. Solar photovoltaic (PV) generation
systems with no battery storage use daytime
minimum load (i.e. 10 a.m. to 4 p.m. for fixed
panel systems and 8 a.m. to 6 p.m. for PV
systems utilizing tracking systems), while all
other generation uses absolute minimum load.
2.4.1.1.2
When this screen is being applied to a Small
Generating Facility that serves some onsite
electrical load, only the net export in kW, if
known, that may flow into the Transmission
Provider's system will be considered as part of
the aggregate generation.
2.4.1.1.3
Transmission Provider will not consider as part
of the aggregate generation for purposes of this
screen generating facility capacity known to be
already reflected in the minimum load data.
In aggregate with existing generation on the line section: (l)
the voltage regulation on the line section can be maintained in
compliance with relevant requirements under all system
conditions; (2) the voltage fluctuation is within acceptable
limits as defined by Institute of Electrical and Electronics
Engineers (IEEE) Standard 1453, or utility practice similar to
IEEE Standard 1453; and (3) the harmonic levels meet IEEE
Standard 519 limits at the Point of Interconnection.
2.4.1.3
The location of the proposed Small Generating Facility and
the aggregate generation capacity on the line section do not
create impacts to safety or reliability that cannot be
adequately addressed without application of the Study
Process. The Transmission Provider shall give due
consideration to the following and other factors in
determining potential impacts to safety and reliability in
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2.4.1.2
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
applying this screen.
2.4.1.3.l
Whether the line section has significant
minimum loading levels dominated by a small
number of customers (e.g. several large
commercial customers).
2.4.1.3.2
Whether there is an even or uneven distribution
of loading along the line section.
2.4.1.3.3
Whether the proposed Small Generating
Facility is located in close proximity to the
substation (i.e. less than 2.5 electrical line
miles), and whether the line section from the
substation to the Point of Interconnection is
composed of large conductor cable (i.e. 600ampere class cable).
2.4.1.3.4
Whether the proposed Small Generating
Facility incorporates a time delay function to
prevent reconnection of the generator to the
system until system voltage and frequency are
within normal limits for a prescribed time.
2.4.1.3.5
Whether operational flexibility is reduced by
the proposed Small Generating Facility, such
that transfer of the line section(s) of the Small
Generating Facility to a neighboring
distribution circuit/substation may trigger
overloads or voltage issues.
2.4.1.3.6
Whether the proposed Small Generating
Facility employs equipment or systems certified
by a recognized standards organization to
address technical issues such as, but not limited
to, islanding, reverse power flow, or voltage
quality.
Small Generator Interconnection Procedures (SGIP)
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2.4.2 If the proposed interconnection passes the supplemental screens in sections
2.4.1.1, 2.4.1.2, and 2.4.1.3 above, the Interconnection Request shall be
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7553
approved and the Transmission Provider will provide the Interconnection
Customer with an executable interconnection agreement within the
timeframes established in this section 2.4.2. If the proposed
interconnection requires no construction of facilities by the Transmission
Provider on its own system, the interconnection agreement shall be
provided within five (5) Business Days after the notification of the
supplemental review results. If the proposed interconnection requires only
interconnection facilities or minor modifications to the Transmission
Provider's system, the interconnection agreement, along with a non-binding
good faith estimate for the interconnection facilities and/or minor
modifications, shall be provided to the Interconnection Customer within
fifteen (15) Business Days after notification of the supplemental review
results. If the proposed interconnection requires more than minor
modifications to the Transmission Provider's system, the Transmission
Provider shall notify the Interconnection Customer, at the same time it
notifies the Interconnection Customer with the supplemental review results,
that the Interconnection Request may continue to be evaluated under the
section 3 Study Process.
If so, and Interconnection Customer facility modifications are
required to allow the Small Generating Facility to be
interconnected consistent "'lith safety, reliability, and pO'tver
quality standards under these procedures, the Transmission
Provider shall fonvard an executable interconnection
agreement to the Interconnection Customer within five
Business Days after confirmation that the Interconnection
Customer has agreed to make the necessary changes at the
Interconnection Customer's cost.
2.4.1.3
If so, and minor modifications to the Transmission Provider's
electric system are required to allow the Small Generating
Facility to be interconnected consistent with safety,
reliability, and power quality standards under the Fast Track
Process, the Transmission Provider shall fonvard an
executable interconnection agreement to the Interconnection
Customer within ten Business Days that requires the
Interconnection Customer to pay the costs of such system
modifications prior to interconnection.
2.4.1.4
[fnot, the Interconnection Request will continue to be
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2.4 .1.2
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evaluated under the section 3 Study Process.
Section 3. Study Process
3.l
Applicability
The Study Process shall be used by an Interconnection Customer proposing to
interconnect its Small Generating Facility with the Transmission Provider's
Transmission System or Distribution System if the Small Generating Facility (1) is
larger than 2 M\V but no larger than 20 MW and does not meet the eligibility
requirements of section 2.1, (2) is not certified, or (3) is certified but did not pass
the Fast Track Process or the 10 kW Inverter Process.
3.2
Scoping Meeting
3.2.1 A scoping meeting will be held within ten Business Days after the
Interconnection Request is deemed complete, or as otherwise mutually
agreed to by the Parties. The Transmission Provider and the
Interconnection Customer will bring to the meeting personnel, including
system engineers and other resources as may be reasonably required to
accomplish the purpose of the meeting.
3.2.2 The purpose of the scoping meeting is to discuss the Interconnection
Request and review existing studies relevant to the Interconnection
Request. The Parties shall further discuss whether the Transmission
Provider should perform a feasibility study or proceed directly to a system
impact study, or a facilities study, or an interconnection agreement. If the
Parties agree that a feasibility study should be performed, the Transmission
Provider shall provide the Interconnection Customer, as soon as possible,
but not later than five Business Days after the scoping meeting, a feasibility
study agreement (Attachment 6) including an outline of the scope of the
study and a non-binding good faith estimate of the cost to perform the
study.
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3.2.3 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 Transmission Provider shall provide the
Interconnection Customer, no later than five Business Days after the
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7555
scoping meeting, a system impact study agreement (Attachment 7)
including an outline of the scope of the study and a non-binding good faith
estimate of the cost to perform the study.
3.3
Feasibility Study
3.3.1 The feasibility study shall identify any potential adverse system impacts
that would result from the interconnection of the Small Generating Facility.
3.3.2 A deposit of the lesser of 50 percent of the good faith estimated feasibility
study costs or earnest money of $1 ,000 may be required from the
Interconnection Customer.
3.3.3 The scope of and cost responsibilities for the feasibility study are described
in the attached feasibility study agreement (Attachment 6).
3.3.4 If the feasibility study shows no potential for adverse system impacts, the
Transmission Provider shall send the Interconnection Customer 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. Ifno
additional facilities are required, the Transmission Provider shall send the
Interconnection Customer an executable interconnection agreement within
five Business Days.
3.3.5 If the feasibility study shows the potential for adverse system impacts, the
review process shall proceed to the appropriate system impact study( s).
3.4
System Impact Study
3.4.2 IE no transmission system impact study is required, but potential electric
power Distribution System adverse system impacts are identified in the
scoping meeting or shown in the feasibility study, a distribution system
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3.4.1 A system impact study shall identify and detail the electric system impacts
that would result if the proposed Small Generating Facility were
interconnected without project modifications or electric system
modifications, focusing on the adverse 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.
7556
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
impact study must be performed. The Transmission Provider 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 non-binding good faith
estimate of the cost to perform the study, or following the scoping meeting
if no feasibility study is to be performed.
3.4.3 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 Transmission Provider shall send the Interconnection Customer
a transmission system impact study agreement, including an outline of the
scope of the study and a non-binding good faith estimate of the cost to
perform the study, if such a study is required.
3.4.4 If a transmission system impact study is not required, but electric power
Distribution System adverse system impacts are shown by the feasibility
study to be possible and no distribution system impact study has been
conducted, the Transmission Provider shall send the Interconnection
Customer a distribution system impact study agreement.
3.4.5 If the feasibility study shows no potential for transmission system or
Distribution System adverse system impacts, the Transmission Provider
shall send the Interconnection Customer either a facilities study agreement
(Attachment 8), including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study, or an
executable interconnection agreement, as applicable.
3.4.6 In order to remain under consideration for interconnection, the
Interconnection Customer must return executed system impact study
agreements, if applicable, within 30 Business Days.
3.4.7 A deposit of the good faith estimated costs for each system impact study
may be required from the Interconnection Customer.
3.4.9 Where transmission systems and Distribution Systems have separate
owners, such as is the case with transmission-dependent utilities (lfTDUs lf )
- whether investor-owned or not - the Interconnection Customer may apply
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3.4.8 The scope of and cost responsibilities for a system impact study are
described in the attached system impact study agreement.
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7557
to the nearest Transmission Provider (Transmission Owner, Regional
Transmission Operator, or Independent Transmission Provider) providing
transmission service to the TDU to request project coordination. Affected
Systems shall participate in the study and provide all information necessary
to prepare the study.
3.5
Facilities Study
3.5.1 Once the required system impact study(s) 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 non-binding 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.
3.5.2 In order to remain under consideration for interconnection, or, as
appropriate, in the Transmission Provider's interconnection queue, the
Interconnection Customer must return the executed facilities study
agreement or a request for an extension of time within 30 Business Days.
3.5.3 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(s).
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3.5.4 Design for any required Interconnection Facilities and/or Upgrades shall be
performed under the facilities study agreement. The Transmission Provider
may contract with consultants to perform activities required under the
facilities study agreement. The Interconnection Customer and the
Transmission Provider may agree to allow the Interconnection Customer to
separately arrange for the design of some of the Interconnection Facilities.
In such cases, facilities design will be reviewed and/or modified prior to
acceptance by the Transmission Provider, 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 Transmission Provider shall make sufficient
information available to the Interconnection Customer in accordance with
confidentiality and critical infrastructure requirements to permit the
Interconnection Customer to obtain an independent design and cost
7558
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
estimate for any necessary facilities.
3.5.5 A deposit of the good faith estimated costs for the facilities study may be
required from the Interconnection Customer.
3.5.6 The scope of and cost responsibilities for the facilities study are described
in the attached facilities study agreement.
3.5.7 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 Transmission Provider shall
provide the Interconnection Customer an executable interconnection
agreement within five Business Days.
Section 4. Provisions that Apply to All Interconnection Requests
4.1
Reasonable Efforts
The Transmission Provider shall make reasonable efforts to meet all time frames
provided in these procedures unless the Transmission Provider and the
Interconnection Customer agree to a different schedule. If the Transmission
Provider cannot meet a deadline provided herein, it shall notify the
Interconnection Customer, 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.
4.2
Disputes
4.2.1 The Parties agree to attempt to resolve all disputes arising out of the
interconnection process according to the provisions of this article.
4.2.2 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.
4.2.3 If the dispute has not been resolved within two Business Days after receipt of the
Notice, either Party may contact FERC's Dispute Resolution Service (DRS) for
assistance in resolving the dispute.
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4.2.4 The DRS will assist the Parties in either resolving their dispute or in selecting an
appropriate dispute resolution venue (~, mediation, settlement judge, early
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7559
neutral evaluation, or technical expert) to assist the Parties in resolving their
dispute. DRS can be reached at 1-877-337-2237 or via the internet at
4.2.5 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.
4.2.6 If neither Party elects to seek assistance from the DRS, 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 these procedures.
4.3
Interconnection Metering
Any metering necessitated by the use of the Small Generating Facility shall be
installed at the Interconnection Customer's expense in accordance with Federal
Energy Regulatory Commission, state, or local regulatory requirements or the
Transmission Provider's specifications.
4.4
Commissioning
Commissioning tests of the Interconnection Customer's installed equipment shall
be performed pursuant to applicable codes and standards. The Transmission
Provider must be given at least five Business Days written notice, or as otherwise
mutually agreed to by the Parties, of the tests and may be present to witness the
commissioning tests.
4.5.
Confidentiality
4.5.2 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 these procedures. Each
Party receiving Confidential Information shall hold such information in
confidence and shall not disclose it to any third party nor to the public
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4.5.1 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 these procedures
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.
7560
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
without the prior written authorization from the Party providing that
information, except to fulfill obligations under these procedures, or to fulfill
legal or regulatory requirements.
4.5.2.1 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.
4.5.2.2Each 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.
4.5.3 Notwithstanding anything in this article to the contrary, and pursuant to 18
CFR § 1b.20, if FERC, during the course of an investigation or otherwise,
requests information from one of the Parties that is otherwise required to be
maintained in confidence pursuant to these procedures, the Party shall
provide the requested information to FERC, within the time provided for in
the request for information. In providing the information to FERC, the
Party may, consistent with 18 CFR § 388.112, request that the information
be treated as confidential and non-public by FERC 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
FERC. The Party shall notify the other Party when it is notified by FERC
that a request to release Confidential Information has been received by
FERC, at which time either of the Parties may respond before such
information would be made public, pursuant to 18 CFR § 388.l12.
Requests from a state regulatory body conducting a confidential
investigation shall be treated in a similar manner if consistent with the
applicable state rules and regulations.
Comparability
The Transmission Provider shall receive, process and analyze all Interconnection
Requests in a timely manner as set forth in this document. The Transmission
Provider shall use the same reasonable efforts in processing and analyzing
Interconnection Requests from all Interconnection Customers, whether the Small
Generating Facility is owned or operated by the Transmission Provider, its
subsidiaries or affiliates, or others.
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4.7
Record Retention
The Transmission Provider shall maintain for three years records, subject to audit,
of all Interconnection Requests received under these procedures, the times
required to complete Interconnection Request approvals and disapprovals, and
justification for the actions taken on the Interconnection Requests.
4.8
Interconnection Agreement
After receiving an interconnection agreement from the Transmission Provider, the
Interconnection Customer shall have 30 Business Days or another mutual1y
agreeable timeframe to sign and return the interconnection agreement and agree to
pay for Interconnection Facilities and Upgrades, if any, or request that the
Transmission Provider file an unexecuted interconnection agreement with the
Federal Energy Regulatory Commission. If the Interconnection Customer does
not sign the interconnection agreement, or ask that it be filed unexecuted by the
Transmission Provider within 30 Business Days, the Interconnection Request shall
be deemed withdrawn. After the interconnection agreement is signed by the
Parties, the interconnection of the Small Generating Facility shall proceed under
the provisions of the interconnection agreement.
4.9
Coordination with Affected Systems
The Transmission Provider shall coordinate the conduct of any studies required to
determine the impact of the Interconnection Request on Affected Systems with
Affected System operators and, if possible, include those results (if available) in
its applicable interconnection study within the time frame specified in these
procedures. The Transmission Provider will include such Affected System
operators in all meetings held with the Interconnection Customer as required by
these procedures. The Interconnection Customer will cooperate with the
Transmission Provider in all matters related to the conduct of studies and the
determination of modifications to Affected Systems. A Transmission Provider
which may be an Affected System shall cooperate with the Transmission Provider
with whom interconnection has been requested in all matters related to the conduct
of studies and the determination of modifications to Affected Systems.
4.l0
7561
Capacity of the Small Generating Facility
4.10.1 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.
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4.10.2 If the Interconnection Request is for a Small Generating Facility that
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
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.
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4.10.3 The Interconnection Request shall be evaluated using the maximum rated
capacity of the Small Generating Facility.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7563
Attachment 1
Glossary of Terms
10 kW Inverter Process - The procedure for evaluating an Interconnection Request for
a certified inverter-based Small Generating Facility no larger than 10 kW that uses the
section 2 screens. The application process uses an all-in-one document that includes a
simp lified Interconnection Request, simplified procedures, and a brief set of terms and
conditions. See SGIP Attachment 5.
Affected System - An electric system other than the Transmission Provider's
Transmission System that may be affected by the proposed interconnection.
Business Day - Monday through Friday, excluding Federal Holidays.
Distribution System - The Transmission Provider's facilities and equipment used to
transmit electricity to ultimate usage points such as homes and industries directly from
nearby generators or from interchanges with higher voltage transmission networks which
transport bulk power over longer distances. The voltage levels at which Distribution
Systems operate differ among areas.
Distribution Upgrades - The additions, modifications, and upgrades to the Transmission
Provider's Distribution System at or beyond the Point of Interconnection to facilitate
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. Distribution Upgrades do not include Interconnection Facilities.
Fast Track Process - The procedure for evaluating an Interconnection Request for a
certified Small Generating Facility no larger than 2 :M\¥ that meets the eligibility
requirements of section 2.1 and includes the section 2 screens, customer options meeting,
and optional supplemental review.
Interconnection Customer - Any entity, including the Transmission Provider, the
Transmission Owner or any of the affiliates or subsidiaries of either, that proposes to
interconnect its Small Generating Facility with the Transmission Provider's Transmission
SGIP Glossary of Terms
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Good Utility Practice - 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 act 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.
7564
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
System.
Interconnection Facilities - The Transmission Provider'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
Transmission Provider's Transmission System. Interconnection Facilities are sole use
facilities and shall not include Distribution Upgrades or Network Upgrades.
Interconnection Request - The Interconnection Customer's request, in accordance with
the Tariff, 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 Transmission Provider's Transmission
System.
Material Modification - A modification that has a material impact on the cost or timing
of any Interconnection Request with a later queue priority date.
Network Resource - Any designated generating resource owned, purchased, or leased
by a Network Customer under the Network Integration Transmission Service Tariff.
Network Resources do not include any resource, or any portion thereof, that is committed
for sale to third parties or otherwise cannot be called upon to meet the Network
Customer's Network Load on a non-interruptible basis.
Network Resource Interconnection Service - An Interconnection Service that allows
the Interconnection Customer to integrate its Generating Facility with the Transmission
Provider's System (1) in a manner comparable to that in which the Transmission
Provider integrates its generating facilities to serve native load customers; or (2) in an
RTO or ISO with market based congestion management, in the same manner as Network
Resources. Network Resource Interconnection Service in and of itself does not convey
transmission service.
Network Upgrades - Additions, modifications, and upgrades to the Transmission
Provider's Transmission System required at or beyond the point at which the Small
Generating Facility interconnects with the Transmission Provider's Transmission System
to accommodate the interconnection with the Small Generating Facility to the
Transmission Provider's Transmission System. Network Upgrades do not include
Distribution Upgrades.
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Party or Parties - The Transmission Provider, Transmission Owner, Interconnection
Customer or any combination of the above.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7565
Point of Interconnection - The point where the Interconnection Facilities connect with
the Transmission Provider's Distribution System or Transmission System.
Queue Position - The order of a valid Interconnection Request, relative to all other
pending valid Interconnection Requests, that is established based upon the date and time
of receipt of the valid Interconnection Request by the Transmission Provider.
Small Generating Facility - The Interconnection Customer's device for the production
of electricity identified in the Interconnection Request, but shall not include the
Interconnection Customer's Interconnection Facilities.
Study Process - The procedure for evaluating an Interconnection Request that includes
the section 3 scoping meeting, feasibility study, system impact study, and facilities study.
Transmission Owner - The entity that owns, leases or otherwise possesses an interest in
the portion of the Transmission System at the Point of Interconnection and may be a
Party to the Small Generator Interconnection Agreement to the extent necessary.
Transmission Provider - The public utility (or its designated agent) that owns, controls,
or operates transmission or distribution facilities used for the transmission of electricity in
interstate commerce and provides transmission service under the Tariff. The term
Transmission Provider should be read to include the Transmission Owner when the
Transmission Owner is separate from the Transmission Provider.
Transmission System - The facilities owned, controlled or operated by the Transmission
Provider or the Transmission Owner that are used to provide transmission service under
the Tariff.
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Upgrades - The required additions and modifications to the Transmission Provider's
Transmission System at or beyond the Point of Interconnection. Upgrades may be
Network Upgrades or Distribution Upgrades. Upgrades do not include Interconnection
Facilities.
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Attachment 2
SMALL GENERA TOR INTERCONNECTION REQUEST
(Application Form)
Transmission Provider: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Designated Contact Person: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Telephone Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Fax: _____________________________________
E-Mail Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - An Interconnection Request is considered complete when it provides all applicable and correct
information required below. Per SGIP section 1.5, documentation of site control must be submitted with
the Interconnection Request.
Preamble and Instructions
An Interconnection Customer who requests a Federal Energy Regulatory Commission jurisdictional
interconnection must submit this Interconnection Request by hand delivery, mail, e-mail, or fax to the
Transmission Provider.
Processing Fee or Deposit:
If the Interconnection Request is submitted under the Fast Track Process, the non-refundable processing
fee is $500.
If the Interconnection Request is submitted under the Study Process, whether a new submission or an
Interconnection Request that did not pass the Fast Track Process, the Interconnection Customer shall
submit to the Transmission Provider a deposit not to exceed $1,000 towards the cost of the feasibility
study.
Interconnection Customer Information
Legal Name of the Interconnection Customer (or, if an individual, individual's name)
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Small Generator Interconnection Request
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Contact Person: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7567
Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City: _ _ _ _ _ _ _ _ _ _ __
State: _ _ _ _ __
Zip: _ _ _ _ _ _ __
Facility Location (if different from above): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Telephone (Day): _ _ _ _ _ _ _ _ _ Telephone (Evening): _ _ _ _ _ _ _ __
Fax: - - - - - - - - - - - - - - - E-Mail Address: - - - - - - - - - - - - - - - Alternative Contact Information (if different from the Interconnection Customer)
ContactName: ________________________________________________
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- -_____
Address: __________________________________________________
Telephone (Day): _ _ _ _ _ _ _ _ _ Telephone (Evening): _ _ _ _ _ _ _ __
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E-Mail Address: _ _ _ _ _ _ _ _ _ __
Application is for:
___New Small Generating Facility
___Capacity addition to Existing Small Generating Facility
If capacity addition to existing facility, please describe: _ _ _ _ _ _ _ _ _ __
Will the Small Generating Facility be used for any ofthe following?
Net Metering? Yes _ No _
To Supply Power to the Interconnection Customer? Yes _No_
To Supply Power to Others? Yes __ No
For installations at locations with existing electric service to which the proposed Small Generating
Facility will interconnect, provide:
(Existing Account Number*)
(Local Electric Service Provider*)
Small Generator Interconnection Request
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[*To be provided by the Interconnection Customer if the local electric service provider is different from
the Transmission Provider]
7568
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
ContactName: _______________________________________________________________
Title: ______________________________________________________
Address: _______________________________________________________________
Telephone (Day): _ _ _ _ _ _ _ _ _ _ _ _ Telephone (Evening): _ _ _ _ _ _ _ __
Fax:
-----------------------------------
E-Mail Address:
---------------------
Requested Point of Interconnection: __________________________________
Interconnection Customer's Requested In-Service Date: _____________________________
Small Generating Facility Information
Data apply only to the Small Generating Facility, not the Interconnection Facilities.
Energy Source: _
Diesel _
Solar _ Wind _ Hydro _ Hydro Type (e.g. Run-of-River): _ _ _ _ __
Natural Gas _ Fuel Oil _
Other (state type) ________________________
Prime Mover: _Fuel Cell _Recip Engine
Gas Turb
_Microturbine
_PV
Type of Generator: _ _Synchronous
Generator Nameplate Rating:
Induction
Steam Turb
_Other
Inverter
kW (Typical)
Generator Nameplate kVAR: ____
Interconnection Customer or Customer-Site Load: ---------------
(if none, so state)
Typical Reactive Load (if known): _______________
Maximum Physical Export Capability Requested: _______ k W
List components of the Small Generating Facility equipment package that are currently certified:
Certifying Entity
Equipment Type
1. ___________________
2. ____________
3. _ _ _ _ _ _ _ __
4. _ _ _ _ _ _ _ __
5. ________________
Small Generator Interconnection Request
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No
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Is the prime mover compatible with the certified protective relay package?
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7569
Generator (or solar collector)
Manufacturer, Model Name & Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Version Number: -------------------Nameplate Output Power Rating in kW: (Summer) ___________ (Winter) ___________
Nameplate Output Power Rating in kVA: (Summer)
(Winter) ___________
Individual Generator Power Factor
Rated Power Factor: Leading: __________L'aoi::,ulO . _ _ _ _ _ __
Total Number of Generators in wind farm to be interconnected pursuant to this
_Single phase
Interconnection Request:
Elevation:
_Three phase
Inverter Manufacturer, Model Name & Number (if used): _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
List of adjustable set points for the protective equipment or software: _____________________
Note: A completed Power Systems Load Flow data sheet must be supplied with the Interconnection
Request.
Small Generating Facility Characteristic Data (for inverter-based machines)
Max design fault contribution current: _ __
Instantaneous
orRMS?
Harmonics Characteristics: - - - - - - - - - - - - - - - - - - - - - - - - Start-up requirements: _________________________
Small Generating Facility Characteristic Data (for rotating machines)
RPM Frequency: _ _ _ _ __
(*) Neutral Grounding Resistor (If Applicable): _ _ _ __
Synchronous Generators:
Direct Axis Synchronous Reactance, Xd:
P.U.
P.U.
P.U.
Small Generator Interconnection Request
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Direct Axis Transient Reactance, X'd:
Direct Axis Subtransient Reactance, X" d:
Negative Sequence Reactance, X 2 :
Zero Sequence Reactance, Xo:
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
KVA Base: _ _ _ _ _ _ _ _ _ _ __
Field Volts: - - - - - Field Amperes: _ _ _ _ _ __
Induction Generators:
Motoring Power (kW): _ _ _ _ __
122 t or K (Heating Time Constant): _ _ _ _ __
Rotor Resistance, Rr: - - - - - Stator Resistance, Rs:
Stator Reactance, Xs: _ _ _ _ _ __
Rotor Reactance, Xr: _ _ _ _ _ __
Magnetizing Reactance, Xm: _ _ _ _ _ __
Short Circuit Reactance, Xd": _ _ _ _ __
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 Base
Note: Please contact the Transmission Provider prior to submitting the Interconnection Request to
determine if the specified information above is required.
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 detennined to
be required by applicable studies. A copy ofthe manufacturer's block diagram may not be substituted.
Interconnection Facilities Information
Will a transformer be used between the generator and the point of common coupling? _Yes _No
Will the transformer be provided by the Interconnection Customer?
Transformer Data (If Applicable, for Interconnection Customer-Owned Transformer):
Is the transformer: _ _single phase _ _three phase?
Transformer Impedance:
% on
kVA Base
Size: _ _ _ _ _kV A
Small Generator Interconnection Request
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If Three Phase:
Transformer Primary:
Volts
Delta _ _Wye _ _ Wye Grounded
Transformer Secondary: _ _ Volts _ _ Delta _ _Wye _ _ Wye Grounded
Transformer Tertiary: _ _ Volts _ _ Delta _ _Wye _ _ Wye Grounded
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7571
Transformer Fuse Data (If Applicable, for Interconnection Customer-Owned Fuse):
(Attach copy of fuse manufacturer's Minimum Melt and Total Clearing Time-Current Curves)
Manufacturer: _ _ _ _ _ _ _ _ Type: _ _ _ _ _ _ _ Size: ____ Speed: _ _ _ _ __
Interconnecting Circuit Breaker (if applicable):
Manufacturer: _ _ _ _ _ _ _ _ _ _ _ _ Type: _ _ _ __
Load Rating (Amps):
Interrupting Rating (Amps):
Trip Speed (Cycles): _ _ __
Interconnection Protective Relays (If Applicable):
If Microprocessor-Controlled:
List of Functions and Adjustable Setpoints for the protective equipment or software:
Setpoint Function
Minimum
Maximum
1.
2.
3.
4.
5.
6.
If Discrete Components:
(Enclose Copy of any Proposed Time-Overcurrent Coordination Curves)
Type:
Type:
Type:
Type:
Type:
Style/Catalog No.:
Style/Catalog No.:
Style/Catalog No.:
Style/Catalog No.:
Style/Catalog No.:
Small Generator Interconnection Request
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Proposed Setting:
Proposed Setting:
Proposed Setting:
Proposed Setting:
Proposed Setting:
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Manufacturer:
Manufacturer:
Manufacturer:
Manufacturer:
Manufacturer:
7572
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Current Transfonner 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: __
Potential Transformer Data (If Applicable):
Manufacturer: - - - - - - - - - - - - - - - - - - - - - - Type: _ _ _ _ _ _ _ Accuracy Class: _ Proposed Ratio Connection: _ _
Manufacturer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Type: _ _ _ _ _ _ _ Accuracy Class: _ Proposed Ratio Connection:
General Information
Enclose copy of site electrical one-line diagram showing the configuration of all Small Generating
Facility equipment, current and potential circuits, and protection and control schemes. This one-line
diagram must be signed and stamped by a licensed Professional Engineer if the Small Generating Facility
is larger than 50 kW. Is One-Line Diagram Enclosed? __Yes __No
Enclose copy of any site documentation that indicates the precise physical location of the proposed Small
Generating Facility (~, USGS topographic map or other diagram or documentation).
Proposed location of protective interface equipment on property (include address if different from the
Interconnection Customer's address) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Enclose 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 Signature
I hereby certify that, to the best of my knowledge, all the infonnation provided in this Interconnection
Request is true and correct.
Date: - - - - - - -
Small Generator Interconnection Request
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For Interconnection Customer:
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Attachment 3
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Certification Codes and Standards
IEEE1547 Standard for Interconnecting
Distributed Resources with Electric Power
Systems (including use of IEEE 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 (2002), 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
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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
Attachment 4
Certification of Small Generator Equipment
Packages
1.0 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 (1) 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
Attachment 3, (2) it has been labeled and is
publicly listed by such NRTL at the time of
the interconnection application, and (3) 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 Web site and by encouraging
such information to be included in the
manufacturer’s literature accompanying the
equipment.
2.0 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.
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7573
3.0 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.
4.0 If the certified equipment package
includes only interface components
(switchgear, inverters, or other interface
devices), then an Interconnection Customer
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.
5.0 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 shall be
required to meet the requirements of this
interconnection procedure.
6.0 An equipment package does not
include equipment provided by the utility.
7.0 Any equipment package approved
and listed in a state by that state’s regulatory
body for interconnected operation in that
state prior to the effective date of these small
generator interconnection procedures shall
be considered certified under these
procedures for use in that state.
ATTACHMENT 5
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Application, Procedures, and Terms and Conditions for Interconnecting
a Certified Inverter-Based Small Generating Facility No
Larger than 10 kW ("10 kW Inverter Process")
1.0
The Interconnection Customer ("Customer") completes the Interconnection
Request ("Application") and submits it to the Transmission Provider
("Company").
2.0
The Company acknowledges to the Customer receipt of the Application within
three Business Days of receipt.
3.0
The Company evaluates the Application for completeness and notifies the
Customer within ten Business Days of receipt that the Application is or is not
complete and, if not, advises what material is missing.
4.0
The Company verifies that the Small Generating Facility can be interconnected
safely and reliably using the screens contained in the Fast Track Process in the
Small Generator Interconnection Procedures (SGIP). The Company has 15
Business Days to complete this process. Unless the Company determines and
demonstrates that the Small Generating Facility cannot be interconnected safely
and reliably, the Company approves the Application and returns it to the
Customer. Note to Customer: Please check with the Company before submitting
the Application if disconnection equipment is required.
5.0
After installation, the Customer returns the Certificate of Completion to the
Company. Prior to parallel operation, the Company may inspect the Small
Generating Facility for compliance with standards which may include a witness
test, and may schedule appropriate metering replacement, if necessary.
6.0
The Company notifies the Customer in writing that interconnection of the Small
Generating Facility is authorized. If the witness test is not satisfactory, the
Company has the right to disconnect the Small Generating Facility. The Customer
has no right to operate in parallel until a witness test has been performed, or
previously waived on the Application. The Company is obligated to complete this
witness test within ten Business Days of the receipt of the Certificate of
Completion. If the Company does not inspect within ten Business Days or by
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Small Generator 10kW Inverter Process
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7575
mutual agreement of the Parties, the witness test is deemed waived.
Contact Information - The Customer must provide the contact information for the
legal applicant (i.e., the Interconnection Customer). If another entity is
responsible for interfacing with the Company, that contact information must be
provided on the Application.
8.0
Ownership Information - Enter the legal names of the owner(s) of the Small
Generating Facility. Include the percentage ownership (if any) by any utility or
public utility holding company, or by any entity owned by either.
9.0
UL 1741 Listed - This standard ("Inverters, Converters, and Controllers for Use in
Independent Power Systems") addresses the electrical interconnection design of
various forms of generating equipment. Many manufacturers submit their
equipment to a Nationally Recognized Testing Laboratory (NRTL) that verifies
compliance with UL 1741. This "listing" is then marked on the equipment and
supporting documentation.
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7.0
7576
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Application for Interconnecting a Certified Inverter-Based Small Generating
Facility No Larger than lOkW
This Application is considered complete when it provides all applicahle and correct information required
below. Per SGIP section 1.5, documentation of site control must be submitted with the Interconnection
Request. Additional infonnation to evaluate the Application may be required.
Processing Fee
A non-refundable processing fee of $1 00 must accompany this Application.
Interconnection Customer
Name: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contact Person: _____________________________________________________________
Address: ___________________________________________________________________
City: _______________________________ State: __________________ Zip: _______
Telephone (Day):
(Evening): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax:
E-Mail Address: -------------------------
Contact (if different from Interconnection Customer)
Nalne: _____________________________________________________________________
Address: ___________________________________________________________________
City: _______________________________ State: __________________ Zip: _ _ _ _ __
Telephone (Day):
(Evening): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax:
E-Mail Address: __________________________
Owner of the facility (include % ownership by any electric utility): _________________________
Small Generating Facility Information
Location (if different from above): _________________________________________________
Electric Service Company: _____________________________________________________
Small Generator 10 kW Inverter Process
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AccountNumber: _____________________________________________________________
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7577
Inverter Manufacturer: _ _ _ _ _ _ _ _ _ _ _ Model_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nameplate Rating: _ _ _ (kW) _ _ (kVA) _ _ _ (AC Volts)
Three Phase_ _ __
Single Phase
System Design Capacity: _ _ _ _ (kW)
Prime Mover:
Photovoltaic
D
Turbine D
D
Reciprocating Engine
D
Fuel Cell
D
Other _ _ _ _ __
Energy Source: Solar D Wind
Fuel Oil
(kVA)
D
Hydro
D
Diesel
D
Natural Gas
D
Other (describe) _ _ _ _ _ _ _ _ _ _ _ __
No
Is the equipment UL1741 Listed?
Yes
If Yes, attach manufacturer's cut-sheet showing UL 1741 listing
Estimated Installation Date: - - - - - -
Estimated In-Service Date: - - - - - -
The 10 kW Inverter Process is available only for inverter-based Small Generating Facilities no larger than
10 kW that meet the codes, standards, and certification requirements of Attachments 3 and 4 ofthe Small
Generator Interconnection Procedures (SGIP), or the Transmission Provider has reviewed the design or
tested the proposed Small Generating Facility and is satisfied that it is safe to operate.
List components of the Small Generating Facility equipment package that are currently certified:
Equipment Type
1.
2.
3. _ _ _ _ _ _ _ ____
CertifYing Entity
4.
5.
Interconnection Customer Signature
I hereby certify that, to the best of my knowledge, the information provided in this Application is true. I
agree to abide by the Terms and Conditions for Interconnecting an Inverter-Based Small Generating
Facility No Larger than lOkW and return the Certificate of Completion when the Small Generating
Facility has been installed.
Signed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
·..·ContingefifAppfoVi.iltiYTfiterc·onfH5dTheSffiarrGenefilflifg..Fifc"ility· .... ·..·.. ··.... ·· ....·· .... ···...·...·..··...·.......·......·...··...........................................................
(F or Company use only)
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Interconnection of the Small Generating Facility is approved contingent upon the Terms and Conditions
for Interconnecting an Inverter-Based Small Generating Facility No Larger than lOkW and return of the
Certificate of Completion.
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Company Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
Application ID number: _ _ _ _ _ _ __
No
Small Generator 10 kW Inverter Process
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Company waives inspection/witness test? Yes
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7579
Small Generating Facility Certificate of Completion
Is the Small Generating Facility owner-installed? Yes
No _ __
Interconnection Customer: ---------------------------------------------------Contact
Address: ___________________________________________________________________
Location of the Small Generating Facility (if different from above):
City: _____________________________ State: __________________ Zip Code: _ _ __
Telephone (Day):
(Evening): _ _ _ _ _ _ _ _ _ _ _ _ __
Fax:
E-Mail Address: _________________________
Electrician:
Name: _____________________________________________________________________
Address: ___________________________________________________________________
City: _____________________________ State: _ _ _ _ _ _ _ _ _ Zip Code: _ _ __
Telephone (Day):
(Evening): _ _ _ _ _ _ _ _ _ _ _ _ __
Fax:
E-Mail Address: _________________
License number: -------------------------------Date Approval to Install Facility granted by the Company: _ _ _ _ _ _ __
Application ID number: ___________________________
Inspection:
The Small Generating Facility has been installed and inspected in compliance with the local
building/electrical code of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
Signed (Local electrical wiring inspector, or attach signed electrical inspection):
PrintName: _____________________________________________________________
-6-
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Date: - - - - - - - - - -
7580
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
As a condition of interconnection, you are required to send/fax a copy of this fonn along with a copy of
the signed electrical permit to (insert Company infonnation below):
Name: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Company: _________________________________________
Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
City, State ZIP: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax: _________________
Approval to Energize the Small Generating Facility (For Company use only)
Energizing the Small Generating Facility is approved contingent upon the Tenns and Conditions for
Interconnecting an Inverter-Based Small Generating Facility No Larger than 10kW
Company Signature: _____________________________________________
-7-
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Title: _____________________________________ Date: ___________
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7581
Terms and Conditions for Interconnecting an Inverter-Based
Small Generating Facility No Larger than lOkW
1.0
Construction of the Facility
The Interconnection Customer (the "Customer") may proceed to construct (including operational
testing not to exceed two hours) the Small Generating Facility when the Transmission Provider
(the "Company") approves the Interconnection Request (the "Application") and returns it to the
Customer.
2.0
Interconnection and Operation
The Customer may operate Small Generating Facility and interconnect with the Company's
electric system once all of the following have occurred:
2.1
Upon completing construction, the Customer will cause the Small Generating Facility to
be inspected or otherwise certified by the appropriate local electrical wiring inspector
with jurisdiction, and
2.2
The Customer returns the Certificate of Completion to the Company, and
2.3
The Company has either:
2.3.1
Completed its inspection of the Small Generating Facility to ensure that all
equipment has been appropriately installed and that all electrical connections
have been made in accordance with applicable codes. All inspections must be
conducted by the Company, at its own expense, within ten Business Days after
receipt of the Certificate of Completion and shall take place at a time agreeable to
the Parties. The Company shall provide a written statement that the Small
Generating Facility has passed inspection or shall notify the Customer of what
steps it must take to pass inspection as soon as practicable after the inspection
takes place; or
2.3.2
If the Company does not schedule an inspection of the Small Generating Facility
within ten business days after receiving the Certificate of Completion, the
witness test is deemed waived (unless the Parties agree otherwise); or
2.3.3
The Company waives the right to inspect the Small Generating Facility.
2.4
2.5
Revenue quality metering equipment must be installed and tested in accordance with
applicable ANSI standards.
Safe Operations and Maintenance
The Customer shall be fully responsible to operate, maintain, and repair the Small Generating
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sroberts on DSK5SPTVN1PROD with PROPOSALS
3.0
The Company has the right to disconnect the Small Generating Facility in the event of
improper installation or failure to return the Certificate of Completion.
7582
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Facility as required to ensure that it complies at all times with the interconnection standards to
which it has been certified.
4.0
Access
The Company shall have access to the disconnect switch (if the disconnect switch is required) and
metering equipment of the Small Generating Facility at all times. The Company shall provide
reasonable notice to the Customer when possible prior to using its right of access.
5.0
Disconnection
The Company may temporarily disconnect the Small Generating Facility upon the following
conditions:
5.1
For scheduled outages upon reasonable notice.
5.2
For unscheduled outages or emergency conditions.
5.3
If the Small Generating Facility does not operate in the manner consistent with these
Tenns and Conditions.
5.4
The Company shall infonn the Customer in advance of any scheduled disconnection, or
as is reasonable after an unscheduled disconnection.
6.0
Indemnification
The Parties shall at all times indemnify, defend, and save 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 inactions of 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. 0
Insurance
The Parties agree to follow all applicable insurance requirements imposed by the state in which
the Point of Interconnection is located. All insurance policies must be maintained with insurers
authorized to do business in that state.
8.0
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, incidental, special,
consequential, or punitive damages of any kind whatsoever, except as allowed under paragraph
6.0.
9.0
Termination
The agreement to operate in parallel may be terminated under the following conditions:
By the Customer
-9-
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9.1
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7583
By providing written notice to the Company.
9.2
9.3
Survival Rights
This Agreement shall continue in effect after termination to the extent necessary
to allow or require either Party to fulfill rights or obligations that arose under the
Agreement.
Assignment/Transfer of Ownership of the Facility
This Agreement shall survive the transfer of ownership of the Small Generating Facility to a new
owner when the new owner agrees in writing to comply with the terms of this Agreement and so
notifies the Company.
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Permanent Disconnection
In the event this Agreement is terminated, the Company shall have the right to
disconnect its facilities or direct the Customer to disconnect its Small Generating
Facility.
9.4
10.0
By the Company
If the Small Generating Facility fails to operate for any consecutive 12 month
period or the Customer fails to remedy a violation of these Terms and
Conditions.
7584
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Attachment 6
Feasibility Study Agreement
THIS AGREEMENT is made and entered into this_ _day of_ _ _ _ __
20_ by and between'---_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
a_ _ _ _ _ _ _ _ _ _ _ _ _organized and existing under the laws of the State of
- - - - - - - - - - - - - - - - - - - -, ("Interconnection Customer,") and
__________________________,a_________
existing under the laws of the State of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
("Transmission Provider"). Interconnection Customer and Transmission Provider each
may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, Interconnection Customer is proposing to develop a Small Generating
Facility or generating capacity addition to an existing Small Generating Facility
consistent with the Interconnection Request completed by Interconnection Customer
on
; and
WHEREAS, Interconnection Customer desires to interconnect the Small Generating
Facility with the Transmission Provider's Transmission System; and
WHEREAS, Interconnection Customer has requested the Transmission Provider to
perform a feasibility study to assess the feasibility of interconnecting the proposed Small
Generating Facility with the Transmission Provider's Transmission System, and of any
Affected Systems;
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained
herein the Parties agreed as follows:
When used in this Agreement, with initial capitalization, the terms specified shall
have the meanings indicated or the meanings specified in the standard Small
Generator Interconnection Procedures.
2.0
The Interconnection Customer elects and the Transmission Provider shall cause to
be performed an interconnection feasibility study consistent the standard Small
Generator Interconnection Procedures in accordance with the Open Access
Transmission Tariff.
- 1-
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1.0
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
3.0
The scope of the feasibility study shall be subject to the assumptions set forth in
Attachment A to this Agreement.
4.0
The feasibility study shall be based on the technical information provided by the
Interconnection Customer in the Interconnection Request, as may be modified as
the result of the scoping meeting. The Transmission Provider reserves the right to
request additional technical information from the Interconnection Customer 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. If the Interconnection Customer
modifies its Interconnection Request, the time to complete the feasibility study
may be extended by agreement of the Parties.
5.0
In performing the study, the Transmission Provider shall rely, to the extent
reasonably practicable, on existing studies of recent vintage. The Interconnection
Customer shall not be charged for such existing studies; however, the
Interconnection Customer shall be responsible for charges associated with any
new study or modifications to existing studies that are reasonably necessary to
perform the feasibility study.
6.0
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:
6.1
Initial identification of any thermal overload or voltage limit violations
resulting from the interconnection;
6.3
Initial review of grounding requirements and electric system protection;
and
6.4
Description and non-binding estimated cost of facilities required to
interconnect the proposed Small Generating Facility and to address the
identified short circuit and power flow issues.
The feasibility study shall model the impact of the Small Generating Facility
regardless of purpose in order to avoid the further expense and interruption of
operation for reexamination of feasibility and impacts if the Interconnection
SGIP Feasibility Study Agreement
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7.0
Initial identification of any circuit breaker short circuit capability limits
exceeded as a result of the interconnection;
6.2
sroberts on DSK5SPTVN1PROD with PROPOSALS
7585
7586
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Customer later changes the purpose for which the Small Generating Facility is
being installed.
The study shall include the feasibility of any interconnection at a proposed project
site where there could be multiple potential Points of Interconnection, as requested
by the Interconnection Customer and at the Interconnection Customer's cost.
9.0
A deposit of the lesser of 50 percent of good faith estimated feasibility study costs
or earnest money of $1 ,000 may be required from the Interconnection Customer.
10.0
Once the feasibility study is completed, 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
within 30 Business Days of the Interconnection Customer's agreement to conduct
a feasibility study.
11.0
Any study fees shall be based on the Transmission Provider'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.
12.0
The Interconnection Customer must 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 Transmission Provider
shall refund such excess within 30 calendar days of the invoice without interest.
13.0
Governing 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 of _ _ _ _ _ _ __
(where the Point of Interconnection is located), 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.
14.0
Amendment
The Parties may amend this Agreement by a written instrument duly executed by
both Parties.
15.0
No 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
-3-
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8.0
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7587
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.
16.0
Waiver
16.1
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.
16.2
Any waiver at any time by either Party of its rights with respect to this
Agreement shall not be deemed a continuing waiver or a waiver with
respect to any other failure to comply with any other obligation, right, duty
of this Agreement. Termination or default of this Agreement for any
reason by Interconnection Customer shall not constitute a waiver of the
Interconnection Customer's legal rights to obtain an interconnection from
the Transmission Provider. Any waiver of this Agreement shall, if
requested, be provided in writing.
Multiple 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.
18.0
No 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.
19.0
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, (1) such portion or provision shall
be deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and
effect.
-4-
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17.0
7588
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
20.0
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; provided, however, that 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.
20.1
20.2
21.0
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;
provided, however, that in no event shall the Transmission Provider be
liable for the actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection Customer
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.
The obligations under this article will not be limited in any way by any
limitation of subcontractor's insurance.
Reservation of Rights
The Transmission Provider shall have the right to make a unilateral filing with
FERC to modify this Agreement with respect to any rates, terms and conditions,
charges, classifications of service, rule or regulation under section 205 or any
other applicable provision of the Federal Power Act and FERC's rules and
regulations thereunder, and the Interconnection Customer shall have the right to
make a unilateral filing with FERC to modify this Agreement under any applicable
provision of the Federal Power Act and FERC's rules and regulations; provided
that each Party shall have the right to protest any such filing by the other Party and
to participate fully in any proceeding before FERC in which such modifications
may be considered. Nothing in this Agreement shall limit the rights of the Parties
or ofFERC under sections 205 or 206 of the Federal Power Act and FERC's rules
and regulations, except to the extent that the Parties otherwise agree as provided
herein.
SGIP Feasibility Study Agreement
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed
by their duly authorized officers or agents on the day and year first above written.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
[Insert name of Transmission Provider]
[Insert name of Interconnection
Customer]
Signed___________________________
Signed_______________________
Name (Printed):
Name (Printed):
Title----------------------------
Title-------------------------
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SGIP Feasibility Study Agreement
sroberts on DSK5SPTVN1PROD with PROPOSALS
7589
7590
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Attachment A to Feasibility Study
Agreement
Assumptions Used in Conducting the Feasibility Study
The feasibility study will be based upon the information set forth in the Interconnection
Request and agreed upon in the scoping meeting held on _ _ _ _ _ _ _ _ __
1)
Designation of Point of Interconnection and configuration to be studied.
2)
Designation of alternative Points of Interconnection and configuration.
-7-
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sroberts on DSK5SPTVN1PROD with PROPOSALS
1) and 2) are to be completed by the Interconnection Customer. Other assumptions
(listed below) are to be provided by the Interconnection Customer and the Transmission
Provider.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7591
System Impact Study Agreement
THIS AGREEMENT is made and entered into this_ _day of_ _ _ _ __
20_ by and between'--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
a_ _ _ _ _ _ _ _ _ _ _ _ _organized and existing under the laws of the State of
- - - - - - - - - - - - - - - - - - - -, ("Interconnection Customer, ") and
__________________________,a_________
existing under the laws of the State of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
("Transmission Provider"). Interconnection Customer and Transmission Provider each
may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Small Generating
Facility or generating capacity addition to an existing Small Generating Facility
consistent with the Interconnection Request completed by the Interconnection Customer
on
; and
WHEREAS, the Interconnection Customer desires to interconnect the Small Generating
Facility with the Transmission Provider's Transmission System;
WHEREAS, the Transmission Provider has completed a feasibility study and provided
the results of said study to the Interconnection Customer (This recital to be omitted if the
Parties have agreed to forego the feasibility study.); and
WHEREAS, the Interconnection Customer has requested the Transmission Provider to
perform a system impact study( s) to assess the impact of interconnecting the Small
Generating Facility with the Transmission Provider's Transmission System, and of any
Affected Systems;
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained
herein the Parties agreed as follows:
1.0
When used in this Agreement, with initial capitalization, the terms specified shall
have the meanings indicated or the meanings specified in the standard Small
Generator Interconnection Procedures.
2.0
The Interconnection Customer elects and the Transmission Provider shall cause to
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SGIP System Impact Study Agreement
7592
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
be performed a system impact study(s) consistent with the standard Small
Generator Interconnection Procedures in accordance with the Open Access
Transmission Tariff.
The scope of a system impact study shall be subject to the assumptions set forth in
Attachment A to this Agreement.
4.0
A system impact study will be based upon the results of the feasibility study and
the technical information provided by Interconnection Customer in the
Interconnection Request. The Transmission Provider reserves the right to request
additional technical information from the Interconnection Customer as may
reasonably become necessary consistent with Good Utility Practice during the
course of the system impact study. If the Interconnection Customer modifies its
designated Point of Interconnection, Interconnection Request, or the technical
information provided therein is modified, the time to complete the system impact
study may be extended.
5.0
A system impact study shall consist of 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, 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 that are required as a result of the Interconnection Request and
non-binding good faith estimates of cost responsibility and time to construct.
6.0
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.
7.0
Affected Systems may participate in the preparation ofa 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 Transmission Provider has 20 additional Business Days to
complete a system impact study requiring review by Affected Systems.
SGIP System Impact Study Agreement
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3.0
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
8.0
If the Transmission Provider 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 paragraph 8.3 below, any identified Upgrades associated with such
higher queued interconnection) that, on the date the system impact study is
commenced8.1
Are directly interconnected with the Transmission Provider's electric
system; or
8.2
Are interconnected with Affected Systems and may have an impact
on the proposed interconnection; and
8.3
Have a pending higher queued Interconnection Request to
interconnect with the Transmission Provider's electric system.
9.0
A distribution system impact study, ifrequired, shall be completed and the results
transmitted to the Interconnection Customer within 30 Business Days after this
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 this Agreement is signed by the Parties,
or in accordance with the Transmission Provider's queuing procedures.
10.0
A deposit of the equivalent of the good faith estimated cost of a distribution
system impact study and the one half the good faith estimated cost of a
transmission system impact study may be required from the Interconnection
Customer.
11.0
Any study fees shall be based on the Transmission Provider'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.
12.0
The Interconnection Customer must 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 Transmission Provider
shall refund such excess within 30 calendar days of the invoice without interest.
13.0
Governing 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 of _ _ _ _ _ _ __
SGIP System Impact Study Agreement
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7593
7594
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
(where the Point of Interconnection is located), 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.
14.0
Amendment
The Parties may amend this Agreement by a written instrument duly executed by
both Parties.
15.0
No 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.
16.0
Waiver
16.1 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.
16.2
Any waiver at any time by either Party of its rights with respect to this
Agreement shall not be deemed a continuing waiver or a waiver with
respect to any other failure to comply with any other obligation, right, duty
of this Agreement. Termination or default of this Agreement for any
reason by Interconnection Customer shall not constitute a waiver of the
Interconnection Customer's legal rights to obtain an interconnection from
the Transmission Provider. Any waiver of this Agreement shall, if
requested, be provided in writing.
Multiple 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.
18.0
No 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
-4-
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17.0
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7595
for, or act on behalf of, or to act as or be an agent or representative of, or to
otherwise bind, the other Party.
19.0
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, (1) such portion or provision shall
be deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and
effect.
20.0
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; provided, however, that 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.
20.1
20.2
The obligations under this article will not be limited in any way by any
limitation of subcontractor's insurance.
Reservation of Rights
The Transmission Provider shall have the right to make a unilateral filing with
FERC to modify this Agreement with respect to any rates, terms and conditions,
charges, classifications of service, rule or regulation under section 205 or any
other applicable provision of the Federal Power Act and FERC's rules and
regulations thereunder, and the Interconnection Customer shall have the right to
- 5-
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21.0
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;
provided, however, that in no event shall the Transmission Provider be
liable for the actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection Customer
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.
7596
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
make a unilateral filing with FERC to modify this Agreement under any applicable
provision of the Federal Power Act and FERC's rules and regulations; provided
that each Party shall have the right to protest any such filing by the other Party and
to participate fully in any proceeding before FERC in which such modifications
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed
by their duly authorized officers or agents on the day and year first above written.
[Insert name of Interconnection
Customer]
Signed_ _ _ _ _ _ _ _ _ _ _ _ __
Signed_ _ _ _ _ _ _ _ _ _ __
Name (Printed):
Name (Printed):
Title- - - - - - - - - - - - - - -
Title- - - - - - - - - - - - -
-6-
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[Insert name of Transmission Provider]
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7597
Attachment A to System Impact Study
Agreement
Assumptions Used in Conducting the System Impact Study
The system impact study shall be based upon the results of the feasibility study, subject to
any modifications in accordance with the standard Small Generator Interconnection
Procedures, and the following assumptions:
1)
Designation of Point of Interconnection and configuration to be studied.
2)
Designation of alternative Points of Interconnection and configuration.
1) and 2) are to be completed by the Interconnection Customer. Other assumptions
(listed below) are to be provided by the Interconnection Customer and the Transmission
Provider.
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-7-
SGIP System Impact Study Agreement
7598
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Attachment 8
Facilities Study Agreement
THIS AGREEMENT is made and entered into this_ _day of_ _ _ _ __
20_ by and between_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
a_ _ _ _ _ _ _ _ _ _ _ _ _organized and existing under the laws of the State of
- - - - - - - - - - - - - - - - - - - -, ("Interconnection Customer,") and
__________________________,a_________
existing under the laws of the State of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
("Transmission Provider"). Interconnection Customer and Transmission Provider each
may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Small Generating
Facility or generating capacity addition to an existing Small Generating Facility
consistent with the Interconnection Request completed by the Interconnection Customer
on
; and
WHEREAS, the Interconnection Customer desires to interconnect the Small Generating
Facility with the Transmission Provider's Transmission System;
WHEREAS, the Transmission Provider has completed a system impact study and
provided the results of said study to the Interconnection Customer; and
WHEREAS, the Interconnection Customer has requested the Transmission Provider to
perform a facilities study to specify and estimate the cost of the equipment, engineering,
procurement and construction work needed to implement the conclusions of the system
impact study in accordance with Good Utility Practice to physically and electrically
connect the Small Generating Facility with the Transmission Provider's Transmission
System.
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained
herein the Parties agreed as follows:
When used in this Agreement, with initial capitalization, the terms specified shall
have the meanings indicated or the meanings specified in the standard Small
Generator Interconnection Procedures.
2.0
The Interconnection Customer elects and the Transmission Provider shall cause a
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1.0
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7599
facilities study consistent with the standard Small Generator Interconnection
Procedures to be performed in accordance with the Open Access Transmission
Tariff.
The scope of the facilities study shall be subject to data provided in Attachment A
to this Agreement.
4.0
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(s). The facilities study
shall also identify (I) the electrical switching configuration of the equipment,
including, without limitation, transformer, switchgear, meters, and other station
equipment, (2) the nature and estimated cost of the Transmission Provider's
Interconnection Facilities and Upgrades necessary to accomplish the
interconnection, and (3) an estimate of the time required to complete the
construction and installation of such facilities.
5.0
The Transmission Provider may propose to group facilities required for more than
one Interconnection Customer in order to minimize facilities costs through
economies of scale, but any Interconnection Customer may require the installation
of facilities required for its own Small Generating Facility if it is willing to pay the
costs of those facilities.
6.0
A deposit of the good faith estimated facilities study costs may be required from
the Interconnection Customer.
7.0
In cases where Upgrades are required, the facilities study must be completed
within 45 Business Days of the receipt of this 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.
8.0
Once the facilities study is completed, a draft facilities study report shall be
prepared and transmitted to the Interconnection Customer. Barring unusual
circumstances, the facilities study must be completed and the draft facilities study
report transmitted
within 30 Business Days of the Interconnection Customer's agreement to conduct
a facilities study.
9.0
Interconnection Customer may, within thirty (30) calendar days after receipt of the
draft report, provide written comments to Transmission Provider, which
Transmission Provider shall include in the final report. Transmission Provider
shall issue the final Interconnection Facilities Study report within fifteen (15)
Business Days of receiving Interconnection Customer's comments or promptly
SGIP System Impact Study Agreement
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3.0
7600
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
upon receiving Interconnection Customer's statement that it will not provide
comments. Transmission Provider may reasonably extend such fifteen-day period
upon notice to Interconnection Customer if Interconnection Customer's comments
require Transmission Provider to perform additional analyses or make other
significant modifications prior to the issuance of the final Interconnection
Facilities Report. Upon request, Transmission Provider shall provide
Interconnection Customer supporting documentation, workpapers, and databases
or data developed in the preparation of the Interconnection Facilities Study,
subject to confidentiality arrangements consistent with Section 4.5 of the standard
Small Generator Interconnection Procedures.
10.0
Within ten (10) Business Days of providing a draft Interconnection Facilities
Study report to Interconnection Customer, Transmission Provider and
Interconnection Customer shall meet to discuss the results of the Interconnection
Facilities Study.
911.0 Any study fees shall be based on the Transmission Provider'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.
+012.0The Interconnection Customer must 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 Transmission Provider
shall refund such excess within 30 calendar days of the invoice without interest.
-l+1l.0Governing 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 of _ _ _ _ _ _ __
(where the Point of Interconnection is located), 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.
+2-14.0Amendment
The Parties may amend this Agreement by a written instrument duly executed by
both Parties.
g
12. ON 0 Third-Party Beneficiaries
SGIP System Impact Study Agreement
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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.
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7601
M1Q.OWaiver
M16.1 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.
M16.2Any waiver at any time by either Party of its rights with respect to this
Agreement shall not be deemed a continuing waiver or a waiver with
respect to any other failure to comply with any other obligation, right, duty
of this Agreement. Termination or default of this Agreement for any
reason by Interconnection Customer shall not constitute a waiver of the
Interconnection Customer's legal rights to obtain an interconnection from
the Transmission Provider. Any waiver of this Agreement shall, if
requested, be provided in writing.
~17.0Multiple
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.
M.lli.ONo 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.
+820. OS ubcontractors
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; provided, however, that each Party shall require its subcontractors to
comply with all applicable terms and conditions of this Agreement in providing
SGIP System Impact Study Agreement
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-l-+19.0Severability
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, (1) such portion or provision shall
be deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and
effect.
7602
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
such services and each Party shall remain primarily liable to the other Party for the
performance of such subcontractor.
+820.1 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;
provided, however, that in no event shall the Transmission Provider be
liable for the actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection Customer
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.
+820.2The obligations under this article will not be limited in any way by any
limitation of subcontractor's insurance.
+921.0 Reservation of Rights
The Transmission Provider shall have the right to make a unilateral filing with
FERC to modify this Agreement with respect to any rates, terms and conditions,
charges, classifications of service, rule or regulation under section 205 or any
other applicable provision of the Federal Power Act and FERC's rules and
regulations thereunder, and the Interconnection Customer shall have the right to
make a unilateral filing with FERC to modify this Agreement under any applicable
provision of the Federal Power Act and FERC's rules and regulations; provided
that each Party shall have the right to protest any such filing by the other Party and
to participate fully in any proceeding before FERC in which such modifications
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed
by their duly authorized officers or agents on the day and year first above written.
[Insert name of Interconnection
Customer]
Signed___________________________
Signed_______________________
Name (Printed):
Name (Printed):
SGIP System Impact Study Agreement
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[Insert name of Transmission Provider]
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Title---------------------
SGIP System Impact Study Agreement
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Title--------------------------
7603
7604
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Attachment A to Facilities Study
Agreement
Data to Be Provided by the Interconnection Customer
with the Facilities Study Agreement
Provide 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 CTIPT)
On the one-line diagram, indicate the location of auxiliary power. (Minimum load
on CTIPT) Amps
One set of metering is required for each generation connection to the new ring bus or
existing Transmission Provider station. Number of generation connections:
Will an alternate source of auxiliary power be available during CTIPT maintenance?
Yes
No - - 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).
What type of control system or PLC will be located at the Small Generating Facility?
-7-
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What protocol does the control system or PLC use?
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7605
Please provide a 7.5-minute quadrangle map of the site. Indicate the plant, station,
transmission line, and property lines.
Physical dimensions of the proposed interconnection station:
Bus length from generation to interconnection station:
Line length from interconnection station to Transmission Provider's Transmission
System.
Tower number observed in the field. (Painted on tower leg)*:
Number of third party easements required for transmission lines*:
* To be completed in coordination with Transmission Provider.
Is the Small Generating Facility located in Transmission Provider's service area?
Yes ___ No ___ If No, please provide name oflocal provider:
Begin Construction
Date:-------------------------
SGIP System Impact Study Agreement
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Please provide the following proposed schedule dates:
7606
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Generator step-up transformers
receive back feed power
Generation Testing
Date: - - - - - - - - - - - - - - - - - - - - - - - - - -
SGIP System Impact Study Agreement
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Commercial Operation
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
Note: Appendix D will not be published in
the Code of Federal
7607
Appendix D to the Proposed Small
Generator Interconnection Rule
SMALL GENERATOR
INTERCONNECTION AGREEMENT (SGIA)
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sroberts on DSK5SPTVN1PROD with PROPOSALS
(For Generating Facilities No Larger Than 20 MW)
7608
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
TABLE OF CONTENTS
Page No.
Special Provisions for Affected Systems ............................................... 5.3
Rights Under Other Agreements ............................................................ 5.4
Article 6. Billing, Payment, Milestones, and Financial Security ........................... 6.l
Billing and Payment Procedures and Final Accounting ........................ -
11 11 11 12 -
- 1-
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Article 1. Scope and Limitations of Agreement. ....................................................... - 1 1.1
Applicability ............................................................................................. - 2 1.2
Purpose ..................................................................................................... - 3 No Agreement to Purchase or Deliver Power .......................................... - 3 1.3
Limitations ................................................................................................ - 3 1.4
Responsibilities of the Parties .................................................................. - 2 1.5
Parallel Operation Obligations ................................................................. - 3 1.6
Metering ................................................................................................... - 3 1.7
Reactive Power ......................................................................................... - 3 1.8
Article 2. Inspection, Testing, Authorization, and Right of Access ........................ - 4 2.1
Equipment Testing and Inspection ........................................................... - 4 2.2
Authorization Required Prior to Parallel Operation ................................. - 5 2.3
Right of Access ........................................................................................ - 5 Article 3. Effective Date, Term, Termination, and Disconnection .......................... - 6 3.1
Effective Date ........................................................................................... - 6 3.2
Term of Agreement .................................................................................. - 6 3.3
Termination .............................................................................................. - 6 3.4
Temporary Disconnection ........................................................................ - 7 3.4.1
Emergency Conditions ....................................................... - 7 3.4.2
Routine Maintenance, Construction, and Repair ............... - 7 3.4.3
Forced Outages ................................................................... - 8 3.4.4
Adverse Operating Effects ................................................. - 8 3.4.5
Modification of the Small Generating Facility .................. - 8 3.4.6
Reconnection ...................................................................... - 9 Article 4. Cost Responsibility for Interconnection Facilities and Distribution
Upgrades ........................................................................................................................ - 9 4.1
Interconnection Facilities ......................................................................... - 9 4.2
Distribution Upgrades .............................................................................. - 9 Article 5. Cost Responsibility for Network Upgrades .............................................. - 9 5.1
Applicability ............................................................................................. - 9 5.2
Network Upgrades .................................................................................. - 105.2.1
Repayment of Amounts Advanced for Network Upgrades - 10
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
7609
6.2
Milestones .............................................................................................. - 12 6.3
Financial Security Arrangements ........................................................... - 13 Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential
Damages, and Default. ................................................................................................ - 13 7.1
Assignment ............................................................................................. - 13 7.2
Limitation of Liability ............................................................................ - 14 7.3
Indemnity ................................................................................................ - 14 7.4
Consequential Damages ......................................................................... - 15 7.5
Force Majeure ......................................................................................... - 15 7.6
Default .................................................................................................... - 16 Article 8. Insurance ................................................................................................... - 16 Article 9. Confidentiality .... ....................................................................................... - 17 Article 10. Disputes .................................................................................................... - 18 Article 11. Taxes ........................................................................................................ - 19 Article 12. Miscellaneous .......................................................................................... - 19 12.1
Governing Law, Regulatory Authority, and Rules ....................................... 3
12.2
Amendment ................................................................................................... 3
12.3
No Third-Party Beneficiaries ........................................................................ 3
12.4
Waiver ........................................................................................................... 4
12.5
Entire Agreement ................................................................................... - 20 12.6
Multiple Counterparts .................................................................................... 4
12.7
No Partnership ............................................................................................... 4
12.8
Severability .................................................................................................... 4
12.9
Security Arrangements ........................................................................... - 21 12.10
Environmental Releases .............................................................. - 21 12.11
Subcontractors .................................................................................... 5
12.12
Reservation of Rights ......................................................................... 5
Article 13. Notices ...................................................................................................... - 22 13.1
General ................................................................................................... - 22 13.2
Billing and Payment ............................................................................... - 23 13.3
Alternative Forms of Notice ................................................................... - 23 13.4
Designated Operating Representative .................................................... - 24 13.5
Changes to the Notice Information ........................................................ - 25 Article 14. Signatures ................................................................................................ - 25 ~===-"-- Glossary of Terms
Description and Costs of the Small Generating Facility, Interconnection
Facilities, and Metering Equipment
~===-"'-- One-line Diagram Depicting the Small Generating Facility,
Interconnection Facilities, Metering Equipment, and Upgrades
- Milestones
~==~-'-
- 11 -
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-'-~~~!::::!.!.~..!:::.-
7610
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
=-=====~
- 111 -
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- Additional Operating Requirements for the Transmission Provider's
Transmission System and Affected Systems Needed to Support the Interconnection
Customer's Needs
"-====~ - Transmission Provider's Description of its Upgrades and Best Estimate of
Upgrade Costs
7611
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
This Interconnection Agreement ("Agreement") is made and entered into this _ _ __
day of
, 20_, by
("Transmission Provider"), and
("Interconnection Customer") each hereinafter sometimes referred to individually as
"Party" or both referred to collectively as the "Parties."
Transmission Provider Information
Transmission Provider: -----------------------------------------Attention: ---------------------------------------------------Address: -----------------------------------------------------City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ State: __________ Zip: ____
Phone: - - - - - - - - - - - - - Fax: - - - - - - - - - - - - - - - Interconnection Customer Information
Interconnection Customer: ---------------------------------------Attention: ---------------------------------------------------Address: -----------------------------------------------------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
This Agreement shall be used for all Interconnection Requests submitted under the
Small Generator Interconnection Procedures (SGIP) except for those submitted
under the 10 kW Inverter Process contained in SGIP Attachment 5.
1.2
This Agreement governs the terms and conditions under which the Interconnection
Customer's Small Generating Facility will interconnect with, and operate in
parallel with, the Transmission Provider's Transmission 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 that the Interconnection Customer may require will be covered under
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1.1
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separate agreements, if any. The Interconnection Customer will be responsible for
separately making all necessary arrangements (including scheduling) for delivery
of electricity with the applicable Transmission Provider.
1.4
Nothing in this Agreement is intended to affect any other agreement between the
Transmission Provider and the Interconnection Customer.
1.5
Responsibilities of the Parties
1.5.l The Parties shall perform all obligations of this Agreement in accordance
with all Applicable Laws and Regulations, Operating Requirements, and
Good Utility Practice.
1.5.2 The Interconnection Customer shall construct, interconnect, operate and
maintain its Small Generating Facility and construct, operate, and maintain
its Interconnection Facilities in accordance with the applicable
manufacturer's recommended maintenance schedule and, in accordance
with this Agreement, and with Good Utility Practice.
1.5.3 The Transmission Provider shall construct, operate, and maintain its
Transmission System and Interconnection Facilities in accordance with this
Agreement, and with Good Utility Practice.
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
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1.5.4 The Interconnection Customer 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
agrees to design, install, maintain, and operate its Small Generating Facility
so as to reasonably minimize the likelihood of ilia disturbance of its Small
Generating Facility adversely affecting or impairing the system or
equipment of the Transmission Provider and any Affected Systems, and (2)
a disturbance of the system or equipment of the Transmission Provider or
any Affected System causing off-normal frequency deviations and resulting
in a common mode disconnection of its Small Generating Facility.
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their respective lines and appurtenances on their respective sides of the
point of change of ownership. The Transmission Provider and the
Interconnection Customer, as appropriate, shall provide Interconnection
Facilities that adequately protect the Transmission Provider's Transmission
System, personnel, and other persons from damage and injury. The
allocation of responsibility for the design, installation, operation,
maintenance and ownership of Interconnection Facilities shall be delineated
in the Attachments to this Agreement.
1.5.6 The Transmission Provider shall coordinate with all Affected Systems to
support the interconnection.
1.6
Parallel Operation Obligations
Once the Small Generating Facility has been authorized to commence paranel
operation, the Interconnection Customer shall abide by all rules and procedures
pertaining to the parallel operation of the Small Generating Facility in the
applicable control area, including, but not limited to; 1) the rules and procedures
concerning the operation of generation set forth in the Tariff or by the applicable
system operator(s) for the Transmission Provider's Transmission System and; 2)
the Operating Requirements set forth in Attachment 5 of this Agreement.
1. 7
Metering
The Interconnection Customer shall be responsible for the Transmission Provider'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 metering (and data acquisition, as required) equipment
shall conform to applicable industry rules and Operating Requirements.
1.8
Reactive Power
1.8.2 The Transmission Provider is required to pay the Interconnection Customer
for reactive power that the Interconnection Customer provides or absorbs
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1.8.1 The Interconnection Customer shall design its Small Generating Facility to
maintain a composite power delivery at continuous rated power output at
the Point ofInterconnection at a power factor within the range of 0.95
leading to 0.95 lagging, unless the Transmission Provider 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.
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from the Small Generating Facility when the Transmission Provider
requests the Interconnection Customer to operate its Small Generating
Facility outside the range specified in article 1.8.1. In addition, if the
Transmission Provider pays its own or affiliated generators for reactive
power service within the specified range, it must also pay the
Interconnection Customer.
1.8.3 Payments shall be in accordance with the Interconnection Customer's
applicable rate schedule then in effect unless the provision of such
service(s) is subject to a regional transmission organization or independent
system operator FERC-approved rate schedule. 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
expeditiously file such rate schedule and agree to support any request for
waiver of the Commission's prior notice requirement in order to
compensate the Interconnection Customer from the time service
commenced.
1.9
Capitalized terms used herein shall have the meanings specified in the Glossary of
Terms in Attachment 1 or the body of this Agreement.
Article 2. Inspection, Testing, Authorization, and Right of Access
2.1
Equipment Testing and Inspection
2.1.2 The Transmission Provider shall provide the Interconnection Customer
written acknowledgment that it has received the Interconnection Customer's
written test report. Such written acknowledgment shall not be deemed to
be or construed as any representation, assurance, guarantee, or warranty by
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2.1.1 The Interconnection Customer shall test and inspect its Small Generating
Facility and Interconnection Facilities prior to interconnection. The
Interconnection Customer shall notify the Transmission Provider 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 Transmission Provider may, at its own
expense, send qualified personnel to the Small Generating Facility site to
inspect the interconnection and observe the testing. The Interconnection
Customer shall provide the Transmission Provider a written test report
when such testing and inspection is completed.
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the Transmission Provider of the safety, durability, suitability, or reliability
of the Small Generating Facility or any associated control, protective, and
safety devices owned or controlled by the Interconnection Customer or the
quality of power produced by the Small Generating Facility.
2.2
Authorization Required Prior to Parallel Operation
2.2.1 The Transmission Provider shall use Reasonable Efforts to list applicable
parallel operation requirements in Attachment 5 of this Agreement.
Additionally, the Transmission Provider shall notify the Interconnection
Customer of any changes to these requirements as soon as they are known.
The Transmission Provider shall make Reasonable Efforts to cooperate
with the Interconnection Customer in meeting requirements necessary for
the Interconnection Customer to commence parallel operations by the inservice date.
2.2.2 The Interconnection Customer shall not operate its Small Generating
Facility in parallel with the Transmission Provider's Transmission System
without prior written authorization of the Transmission Provider. The
Transmission Provider will provide such authorization once the
Transmission Provider receives notification that the Interconnection
Customer has complied with all applicable parallel operation requirements.
Such authorization shall not be unreasonably withheld, conditioned, or
delayed.
2.3
Right of Access
2.3.2 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 Transmission Provider
shall have access to the Interconnection Customer's premises for any
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2.3.1 Upon reasonable notice, the Transmission Provider may send a qualified
person to the premises of the Interconnection Customer at or immediately
before the time the Small Generating Facility first produces energy to
inspect the interconnection, and observe the commissioning of the Small
Generating Facility (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 shall notify the Transmission
Provider at least five Business Days prior to conducting anyon-site
verification testing of the Small Generating Facility.
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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 FERC (if applicable), or if filed unexecuted, upon the date specified
by the FERC. The Transmission Provider shall promptly file this Agreement with
the FERC 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 ten 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
T erminati on
No termination shall become effective until the Parties have complied with all
Applicable Laws and Regulations applicable to such termination, including the
filing with FERC of a notice of termination of this Agreement (if required), which
notice has been accepted for filing by FERC.
3.3.1 The Interconnection Customer may terminate this Agreement at any time
by giving the Transmission Provider 20 Business Days written notice.
3.3.3 Upon termination of this Agreement, the Small Generating Facility will be
disconnected from the Transmission Provider's Transmission System. All
costs required to effectuate such disconnection shall be borne by the
terminating Party, unless such termination resulted from the nonterminating Party's Default of this SGIA or such non-terminating Party
otherwise is responsible for these costs under this SGIA.
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3.3.2 Either Party may terminate this Agreement after Default pursuant to article
7.6.
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3.3.4 The termination of this Agreement shall not relieve either Party of its
liabilities and obligations, owed or continuing at the time of the
termination.
3.3.5
3.4
This~
provisions of this article shall survive termination or expiration of
this Agreement.
Temporary Disconnection
Temporary disconnection shall continue only for so long as reasonably necessary
under Good Utility Practice.
3.4.1 Emergency Conditions -- "Emergency Condition" shall mean a condition or
situation: (1) that in the judgment of the Party making the claim is
imminently likely to endanger life or property; or (2) that, in the case of the
Transmission Provider, is imminently likely (as determined in a nondiscriminatory manner) to cause a material adverse effect on the security of,
or damage to the Transmission System, the Transmission Provider's
Interconnection Facilities or the Transmission Systems of others to which
the Transmission System is directly connected; or (3) that, in the case of the
Interconnection Customer, is imminently likely (as determined in a nondiscriminatory manner) to cause a material adverse effect on the security of,
or damage to, the Small Generating Facility or the Interconnection
Customer's Interconnection Facilities. Under Emergency Conditions, the
Transmission Provider may immediately suspend interconnection service
and temporarily disconnect the Small Generating Facility. The
Transmission Provider shall notify the Interconnection Customer promptly
when it becomes aware of an Emergency Condition that may reasonably be
expected to affect the Interconnection Customer's operation of the Small
Generating Facility. The Interconnection Customer shall notify the
Transmission Provider promptly when it becomes aware of an Emergency
Condition that may reasonably be expected to affect the Transmission
Provider's Transmission System or any 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.
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3.4.2 Routine Maintenance, Construction, and Repair
The Transmission Provider may interrupt interconnection service or curtail
the output of the Small Generating Facility and temporarily disconnect the
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Small Generating Facility from the Transmission Provider's Transmission
System when necessary for routine maintenance, construction, and repairs
on the Transmission Provider's Transmission System. The Transmission
Provider shall provide the Interconnection Customer with five Business
Days notice prior to such interruption. The Transmission Provider shall use
Reasonable Efforts to coordinate such reduction or temporary
disconnection with the Interconnection Customer.
3.4.3 Forced Outages
During any forced outage, the Transmission Provider may suspend
interconnection service to effect immediate repairs on the Transmission
Provider's Transmission System. The Transmission Provider shall use
Reasonable Efforts to provide the Interconnection Customer with prior
notice. If prior notice is not given, the Transmission Provider shall, upon
request, provide the Interconnection Customer written documentation after
the fact explaining the circumstances of the disconnection.
3.4.5 Modification of the Small Generating Facility
The Interconnection Customer must receive written authorization from the
Transmission Provider before making any change to the Small Generating
Facility that may have a material impact on the safety or reliability of the
Transmission System. Such authorization shall not be unreasonably
withheld. Modifications shall be done in accordance with Good Utility
Practice. If the Interconnection Customer makes such modification without
the Transmission Provider's prior written authorization, the latter shall have
the right to temporarily disconnect the Small Generating Facility.
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3.4.4 Adverse Operating Effects
The Transmission Provider shall notify the Interconnection Customer as
soon as practicable if, based on Good Utility Practice, operation of the
Small Generating Facility may cause disruption or deterioration of service
to other customers served from the same electric system, or if operating the
Small Generating Facility could cause damage to the Transmission
Provider's Transmission System or Affected Systems. Supporting
documentation used to reach the decision to disconnect shall be provided to
the Interconnection Customer upon request. If, after notice, the
Interconnection Customer fails to remedy the adverse operating effect
within a reasonable time, the Transmission Provider may disconnect the
Small Generating Facility. The Transmission Provider shall provide the
Interconnection Customer with five Business Day notice of such
disconnection, unless the provisions of article 3.4.1 apply.
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3.4.6 Reconnection
The Parties shall cooperate with each other to restore the Small Generating
Facility, Interconnection Facilities, and the Transmission Provider's
Transmission System to their normal operating state as soon as reasonably
practicable following a temporary disconnection.
Article 4. Cost Responsibility for Interconnection Facilities and Distribution
Upgrades
4.1
Interconnection Facilities
4.1.1 The Interconnection Customer shall pay for the cost of the Interconnection
Facilities itemized in Attachment 2 of this Agreement. The Transmission
Provider shall provide a best estimate cost, including overheads, for the
purchase and construction of its Interconnection Facilities and provide a
detailed itemization of such costs. Costs associated with Interconnection
Facilities may be shared with other entities that may benefit from such
facilities by agreement of the Interconnection Customer, such other entities,
and the Transmission Provider.
4.1.2 The Interconnection Customer shall be responsible for its share of all
reasonable expenses, including overheads, associated with (1) owning,
operating, maintaining, repairing, and replacing its own Interconnection
Facilities, and (2) operating, maintaining, repairing, and replacing the
Transmission Provider's Interconnection Facilities.
4.2
Distribution Upgrades
The Transmission Provider shall design, procure, construct, install, and own the
Distribution Upgrades described in Attachment 6 of this Agreement. If the
Transmission Provider and the Interconnection Customer agree, the
Interconnection Customer may construct Distribution Upgrades that are located on
land owned by the Interconnection Customer. The actual cost of the Distribution
Upgrades, including overheads, shall be directly assigned to the Interconnection
Customer.
Article 5. Cost Responsibility for Network Upgrades
Applicability
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5.1
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No portion of this article 5 shall apply unless the interconnection of the Small
Generating Facility requires Network Upgrades.
5.2
Network Upgrades
The Transmission Provider or the Transmission Owner shall design, procure,
construct, install, and own the Network Upgrades described in Attachment 6 of
this Agreement. If the Transmission Provider and the Interconnection Customer
agree, the Interconnection Customer may construct Network Upgrades that are
located on land owned by the Interconnection Customer. Unless the Transmission
Provider elects to pay for Network Upgrades, the actual cost of the Network
Upgrades, including overheads, shall be borne initially by the Interconnection
Customer.
5.2.1 Repayment of Amounts Advanced for Network Upgrades
The Interconnection Customer shall be entitled to a cash repayment, equal
to the total amount paid to the Transmission Provider and Affected System
operator, if any, for Network Upgrades, including any tax gross-up or other
tax-related payments associated with the Network Upgrades, and not
otherwise refunded to the Interconnection Customer, to be paid to the
Interconnection Customer on a dollar-for-dollar basis for the non-usage
sensitive portion of transmission charges, as payments are made under the
Transmission Provider's Tariff and Affected System's Tariff for
transmission services with respect to the Small Generating Facility. Any
repayment shall include interest calculated in accordance with the
methodology set forth in FERC's regulations at 18 C.F.R. §
35.19a(a)(2)(iii) from the date of any payment for Network 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.
Notwithstanding the foregoing, the Interconnection Customer,
the Transmission Provider, and any applicable Affected
System operators may adopt any alternative payment
schedule that is mutually agreeable so long as the
Transmission Provider and said Affected System operators
take one of the following actions no later than five years from
the Commercial Operation Date: (1) return to the
Interconnection Customer any amounts advanced for
Network Upgrades not previously repaid, or (2) declare in
writing that the Transmission Provider or any applicable
Affected System operators will continue to provide payments
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5.2.1.1
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to the Interconnection Customer on a dollar-for-dollar basis
for the non-usage sensitive portion of transmission charges, or
develop an alternative schedule that is mutually agreeable and
provides for the return of all amounts advanced for Network
Upgrades not previously repaid; however, full reimbursement
shall not extend beyond twenty (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 Network Upgrades, the
Transmission Provider and Affected System operator shall at
that time reimburse the Interconnection Customer for the
amounts advanced for the Network 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.
Special Provisions for Affected Systems
Unless the Transmission Provider provides, under this Agreement, for the
repayment of amounts advanced to any applicable Affected System operators for
Network 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.
5.4
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 shall be entitled to, now or
in the future, under any other agreement or tariff as a result of, or otherwise
associated with, the transmission capacity, if any, created by the Network
Upgrades, including the right to obtain cash reimbursements or transmission
credits for transmission service that is not associated with the Small Generating
Facility.
Article 6. Billing, Payment, Milestones, and Financial Security
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6.1
Billing and Payment Procedures and Final Accounting
6.1.1 The Transmission Provider shall bill the Interconnection Customer for the
design, engineering, construction, and procurement costs of Interconnection
Facilities and Upgrades contemplated by this Agreement on a monthly
basis, or as otherwise agreed by the Parties. The Interconnection Customer
shall pay each bill within 30 calendar days of receipt, or as otherwise
agreed to by the Parties.
6.1.2 Within three months of completing the construction and installation of the
Transmission Provider's Interconnection Facilities and/or Upgrades
described in the Attachments to this Agreement, the Transmission Provider
shall provide the Interconnection Customer with a final accounting report
of any difference between (l) the Interconnection Customer's cost
responsibility for the actual cost of such facilities or Upgrades, and (2) the
Interconnection Customer's previous aggregate payments to the
Transmission Provider for such facilities or Upgrades. If the
Interconnection Customer's cost responsibility exceeds its previous
aggregate payments, the Transmission Provider shall invoice the
Interconnection Customer for the amount due and the Interconnection
Customer shall make payment to the Transmission Provider within 30
calendar days. If the Interconnection Customer's previous aggregate
payments exceed its cost responsibility under this Agreement, the
Transmission Provider shall refund to the Interconnection Customer an
amount equal to the difference within 30 calendar days of the final
accounting report.
Milestones
The Parties shall agree on milestones for which each Party is responsible and list
them in Attachment 4 of this Agreement. A Party's obligations under this
provision may be extended by agreement. If a Party anticipates that it will be
unable to meet a milestone for any reason other than a Force Majeure Event, it
shall immediately notify the other Party of the reason( s) for not meeting the
milestone and (l) propose the earliest reasonable alternate date by which it can
attain this and future milestones, and (2) requesting 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, (2)
attainment of the same milestone has previously been delayed, or (3) it has reason
to believe that the delay in meeting the milestone is intentional or unwarranted
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6.2
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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 Transmission Provider's
Interconnection Facilities and Upgrades, the Interconnection Customer shall
provide the Transmission Provider, at the Interconnection Customer's option, a
guarantee, a surety bond, letter of credit or other form of security that is
reasonably acceptable to the Transmission Provider 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 the applicable portion
of the Transmission Provider's Interconnection Facilities and Upgrades and shall
be reduced on a dollar-for-dollar basis for payments made to the Transmission
Provider 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 Transmission Provider, and
contain terms and conditions that guarantee payment of any amount
that may be due from the Interconnection Customer, up to an agreedto maximum amount.
6.3.2 The letter of credit or surety bond must be issued by a financial
institution or insurer reasonably acceptable to the Transmission
Provider and must specify a reasonable expiration date.
Article 7. Assignment, Liability, Indemnity, Force Majeure, Consequential
Damages, and Default
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, provided that the
Interconnection Customer promptly notifies the Transmission Provider of
any such assignment;
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7.1
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7.1.2 The Interconnection Customer shall have the right to assign this
Agreement, without the consent of the Transmission Provider, for collateral
security purposes to aid in providing financing for the Small Generating
Facility, provided that the Interconnection Customer will promptly notifY
the Transmission Provider 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. 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.
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7.3.3 If an indemnified person 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
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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 Ifan indemnifying 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
investigation as to which the indemnity provided for in this article may
apply, the indemnified person shall notify the indemnifying 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, however, 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
7.5.2 If a Force Majeure Event prevents a Party from fulfilling any obligations
under this Agreement, the Party affected by the Force Majeure Event
(Affected Party) shall promptly notify the other Party, either in writing or
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7.5.1 As used in this article, a Force Majeure Event shall mean "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 does not include an act of
negligence or intentional wrongdoing."
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via the telephone, of the existence of the Force Majeure Event. The
notification must specify in reasonable detail the circumstances of the Force
Majeure 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 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
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 ofa Force Majeure Event as
defined in this Agreement or the result of an act or omission of the other
Party. Upon a Default, the non-defaulting Party shall give written notice of
such Default to the defaulting Party. Except as provided in article 7.6.2, the
defaulting Party shall have 60 calendar days from receipt of the Default
notice within which to cure such Default; provided however, if such
Default is not capable of cure within 60 calendar days, the defaulting Party
shall commence such cure within 20 calendar days after notice and
continuously and diligently complete such 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 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 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.
8.1
The Interconnection Customer shall, at its own expense, maintain in force general
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Article 8. Insurance
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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. The Interconnection Customer shall obtain
additional insurance only if necessary as a function of owning and operating a
generating facility. Such insurance shall be obtained from an insurance provider
authorized to do business in the State where the interconnection is located.
Certification that such insurance is in effect shall be provided upon request of the
Transmission Provider, except that the Interconnection Customer shall show proof
of insurance to the Transmission Provider no later than ten Business Days prior to
the anticipated commercial operation date. An Interconnection Customer of
sufficient credit-worthiness may propose to self-insure for such liabilities, and
such a proposal shall not be unreasonably rejected.
8.2
The Transmission Provider agrees to maintain general liability insurance or selfinsurance consistent with the Transmission Provider's commercial practice. Such
insurance or self-insurance shall not exclude coverage for the Transmission
Provider'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
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
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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 article to the contrary, and pursuant to 18 CFR §
1b.20, ifFERC, during the course of an investigation or otherwise, requests
information from one of the Parties that is otherwise required to be maintained in
confidence pursuant to this Agreement, the Party shall provide the requested
information to FERC, within the time provided for in the request for information.
In providing the information to FERC, the Party may, consistent with 18 CFR §
388.112, request that the information be treated as confidential and non-public by
FERC and that the information be withheld from public disclosure. Parties are
prohibited from notifying the other Party to this Agreement prior to the release of
the Confidential Information to FERC. The Party shall notify the other Party to
this Agreement when it is notified by FERC that a request to release Confidential
Information has been received by FERC, at which time either of the Parties may
respond before such information would be made public, pursuant to 18 CFR §
388.112. Requests from a state regulatory body conducting a confidential
investigation shall be treated in a similar manner if consistent with the applicable
state rules and regulations.
Article 10. Disputes
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.
10.3
If the dispute has not been resolved within two Business Days after receipt of the
Notice, either Party may contact FERC's Dispute Resolution Service (DRS) for
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assistance in resolving the dispute.
10.4
The DRS will assist the Parties in either resolving their dispute or in selecting an
appropriate dispute resolution venue (~, mediation, settlement judge, early
neutral evaluation, or technical expert) to assist the Parties in resolving their
dispute. DRS can be reached at 1-877-337-2237 or via the internet at
10.5
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.
10.6
If neither Party elects to seek assistance from the DRS, 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, consistent with
PERC policy and Internal Revenue Service requirements.
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 Transmission
Provider's tax exempt status with respect to the issuance of bonds including, but
not limited to, local furnishing bonds.
Article 12. Miscellaneous
Governing 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 of _ _ _ _ _ _ __
(where the Point of Interconnection is located), 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, or under article 12.12 of this Agreement.
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12.3
No 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 a continuing waiver or a waiver with
respect to any other failure to comply with any other obligation, right, duty
of this Agreement. Termination or default of this Agreement for any
reason by Interconnection Customer shall not constitute a waiver of the
Interconnection Customer's legal rights to obtain an interconnection from
the Transmission Provider. Any waiver of this Agreement shall, if
requested, be provided in writing.
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
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
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
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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, (1) such portion or provision shall
be deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and
effect.
12.9
Security Arrangements
Infrastructure security of electric system equipment and operations and control
hardware and software is essential to ensure day-to-day reliability and operational
security. FERC expects all Transmission Providers, market participants, and
Interconnection Customers interconnected to electric systems to comply with the
recommendations offered by the President's Critical Infrastructure Protection
Board and, eventually, best practice recommendations from the electric reliability
authority. All public utilities are expected to meet basic standards for system
infrastructure and operational security, including physical, operational, and cybersecurity practices.
12.11 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; provided, however, that 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.
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12.10 Environmental 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 the
Interconnection Facilities, each of which may reasonably be expected to affect the
other Party. The notifYing Party shall (l) 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 (2) promptly
furnish to the other Party copies of any publicly available reports filed with any
governmental authorities addressing such events.
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12.11.1
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;
provided, however, that in no event shall the Transmission
Provider be liable for the actions or inactions of the
Interconnection Customer or its subcontractors with respect to
obligations of the Interconnection Customer 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.l1.2
The obligations under this article will not be limited in any
way by any limitation of subcontractor's insurance.
12.12 Reservation of Rights
The Transmission Provider shall have the right to make a unilateral filing with
FERC to modify this Agreement with respect to any rates, terms and conditions,
charges, classifications of service, rule or regulation under section 205 or any
other applicable provision of the Federal Power Act and FERC's rules and
regulations thereunder, and the Interconnection Customer shall have the right to
make a unilateral filing with FERC to modify this Agreement under any applicable
provision of the Federal Power Act and FERC's rules and regulations; provided
that each Party shall have the right to protest any such filing by the other Party and
to participate fully in any proceeding before FERC in which such modifications
may be considered. Nothing in this Agreement shall limit the rights of the Parties
or ofFERC under sections 205 or 206 of the Federal Power Act and FERC's rules
and regulations, except to the extent that the Parties otherwise agree as provided
herein.
Article 13. Notices
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 service, or sent by first class mail, postage prepaid, to the person specified
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below:
If to the Interconnection Customer:
Interconnection Customer:
Attention:
Address:
City:
State:
Zip:
Phone:
Fax:
If to the Transmission Provider:
Transmission Provider:
Attention:
Address:
City:
State:
Zip:
Phone:
13.2
Fax:
Billing and Payment
Billings and payments shall be sent to the addresses set out below:
Interconnection Customer: ---------------------------------------Attention: -----------------------------Address:
City: ___________________________ State: _ _ _ _ __
Zip: _ __
Transmission Provider:
Attention: -----------------------------Address:
13.3
Alternative Forms of Notice
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City: ___________________________ State: _ _ _ _ __
Zip: _ __
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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 e-mail addresses set
out below:
If to the Interconnection Customer:
Interconnection Customer:
Attention:
Address:
City:
State:
Zip:
Phone:
Fax:
If to the Transmission Provider:
Transmission Provider:
Attention:
Address:
City:
State:
Zip:
Phone:
13.4
Fax:
Designated 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:
City: ----------------------------- State:- - - - - - - - - - - - - 24-
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Attention: ------------------------------Address:
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Zip: _ __
Phone: - - - - - - -
Fax: - - - - - - - -
Transmission Provider's Operating Representative:
Transmission Provider:
Attention: - - - - - - - - - - - - - - Address:
City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ State: _ _ _ _ __
Zip: _ __
Phone: - - - - - - Fax: - - - - - - - 13.5
Changes to the 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 Transmission Provider
Name: - - - - - - - - - - - - - - - - - - - Title:
Date:
Name: - - - - - - - - - - - - - - - - - - - Small Generator Interconnection Agreement (SGIA)
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F or the Interconnection Customer
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Title:
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Attachment 1
Glossary of Terms
Affected System—An electric system other
than the Transmission Provider’s
Transmission System that may be affected by
the proposed interconnection.
Applicable Laws and Regulations—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.
Business Day—Monday through Friday,
excluding Federal Holidays.
Default—The failure of a breaching Party to
cure its breach under the Small Generator
Interconnection Agreement.
Distribution System—The Transmission
Provider’s facilities and equipment used to
transmit electricity to ultimate usage points
such as homes and industries directly from
nearby generators or from interchanges with
higher voltage transmission networks which
transport bulk power over longer distances.
The voltage levels at which Distribution
Systems operate differ among areas.
Distribution Upgrades—The additions,
modifications, and upgrades to the
Transmission Provider’s Distribution System
at or beyond the Point of Interconnection to
facilitate 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.
Distribution Upgrades do not include
Interconnection Facilities.
Good Utility Practice—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—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, however, that such term does not
include the Interconnection Customer, the
Interconnection Provider, or any Affiliate
thereof.
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Interconnection Customer—Any entity,
including the Transmission Provider, the
Transmission Owner or any of the affiliates
or subsidiaries of either, that proposes to
interconnect its Small Generating Facility
with the Transmission Provider’s
Transmission System.
Interconnection Facilities—The
Transmission Provider’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
Transmission Provider’s Transmission
System. Interconnection Facilities are sole
use facilities and shall not include
Distribution Upgrades or Network Upgrades.
Interconnection Request—The
Interconnection Customer’s request, in
accordance with the Tariff, 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 Transmission
Provider’s Transmission System.
Material Modification—A modification
that has a material impact on the cost or
timing of any Interconnection Request with
a later queue priority date.
Network Upgrades—Additions,
modifications, and upgrades to the
Transmission Provider’s Transmission
System required at or beyond the point at
which the Small Generating Facility
interconnects with the Transmission
Provider’s Transmission System to
accommodate the interconnection of the
Small Generating Facility with the
Transmission Provider’s Transmission
System. Network Upgrades do not include
Distribution Upgrades.
Operating Requirements—Any operating
and technical requirements that may be
applicable due to Regional Transmission
Organization, Independent System Operator,
control area, or the Transmission Provider’s
requirements, including those set forth in the
Small Generator Interconnection Agreement.
Party or Parties—The Transmission
Provider, Transmission Owner,
Interconnection Customer or any
combination of the above.
Point of Interconnection—The point where
the Interconnection Facilities connect with
the Transmission Provider’s Transmission
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 Utility
Practice and are otherwise substantially
equivalent to those a Party would use to
protect its own interests.
PO 00000
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7637
Small Generating Facility—The
Interconnection Customer’s device for the
production of electricity identified in the
Interconnection Request, but shall not
include the Interconnection Customer’s
Interconnection Facilities.
Tariff—The Transmission Provider or
Affected System’s Tariff through which open
access transmission service and
Interconnection Service are offered, as filed
with the FERC, and as amended or
supplemented from time to time, or any
successor tariff.
Transmission Owner—The entity that
owns, leases or otherwise possesses an
interest in the portion of the Transmission
System at the Point of Interconnection and
may be a Party to the Small Generator
Interconnection Agreement to the extent
necessary.
Transmission Provider—The public utility
(or its designated agent) that owns, controls,
or operates transmission or distribution
facilities used for the transmission of
electricity in interstate commerce and
provides transmission service under the
Tariff. The term Transmission Provider
should be read to include the Transmission
Owner when the Transmission Owner is
separate from the Transmission Provider.
Transmission System—The facilities
owned, controlled or operated by the
Transmission Provider or the Transmission
Owner that are used to provide transmission
service under the Tariff.
Upgrades—The required additions and
modifications to the Transmission Provider’s
Transmission System at or beyond the Point
of Interconnection. Upgrades may be
Network Upgrades or Distribution Upgrades.
Upgrades do not include Interconnection
Facilities.
Attachment 2
Description and Costs of the Small
Generating Facility, Interconnection
Facilities, and Metering Equipment
Equipment, including the Small Generating
Facility, Interconnection Facilities, and
metering equipment shall be itemized and
identified as being owned by the
Interconnection Customer, the Transmission
Provider, or the Transmission Owner. The
Transmission Provider 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.
Attachment 3
One-line Diagram Depicting the Small
Generating Facility, Interconnection
Facilities, Metering Equipment, and
Upgrades
Attachment 4
E:\FR\FM\01FEP2.SGM
01FEP2
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Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Proposed Rules
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:
F or the Transmission Provider---------------------- Date- - - - - - - - - - - For the Transmission Owner (If Applicable) ___________________
Date- - - - - - - - - - -
Attachment 5
Additional Operating Requirements for the
Transmission Provider’s Transmission
System and Affected Systems Needed to
Support the Interconnection Customer’s
Needs
Interconnection Customer prior to initiating
parallel operation with the Transmission
Provider’s Transmission System.
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Transmission Provider’s Description of its
Upgrades and Best Estimate of Upgrade
Costs
The Transmission Provider shall describe
Upgrades and provide an itemized best
estimate of the cost, including overheads, of
the Upgrades and annual operation and
The Transmission Provider shall also
provide requirements that must be met by the
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maintenance expenses associated with such
Upgrades. The Transmission Provider shall
functionalize Upgrade costs and annual
7639
expenses as either transmission or
distribution related.
[FR Doc. 2013–01366 Filed 1–31–13; 8:45 am]
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]]>Agencies
[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Proposed Rules]
[Pages 7523-7639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01366]
[[Page 7523]]
Vol. 78
Friday,
No. 22
February 1, 2013
Part III
Department of Energy
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Federal Energy Regulatory Commission
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18 CFR Part 35
Small Generator Interconnection Agreements and Procedures; Proposed
Rule
Federal Register / Vol. 78 , No. 22 / Friday, February 1, 2013 /
Proposed Rules
[[Page 7524]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 35
[Docket No. RM13-2-000]
Small Generator Interconnection Agreements and Procedures
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to revise the pro forma Small Generator Interconnection
Procedures (SGIP) and pro forma Small Generator Interconnection
Agreement (SGIA) originally set forth in Order No. 2006. The pro forma
SGIP and SGIA establish the terms and conditions under which public
utilities must provide interconnection service to Small Generating
Facilities of no more than 20 megawatts (MW). In this Notice of
Proposed Rulemaking (NOPR), the Commission proposes to modify the pro
forma SGIP to: (1) Incorporate provisions that would provide an
Interconnection Customer with the option of requesting from the
Transmission Provider a pre-application report providing existing
information about system conditions at a possible Point of
Interconnection; (2) revise the 2 MW threshold for participation in the
Fast Track Process included in section 2 of the pro forma SGIP; (3)
revise the customer options meeting and the supplemental review
following failure of the Fast Track screens so that the supplemental
review is performed at the discretion of the Interconnection Customer
and includes minimum load and other screens to determine if a Small
Generating Facility may be interconnected safely and reliably; and (4)
revise the pro forma SGIP Facilities Study Agreement to allow the
Interconnection Customer the opportunity to provide written comments to
the Transmission Provider on the upgrades required for interconnection.
The Commission also proposes to clarify or correct certain sections of
the pro forma SGIP and SGIA. The proposed reforms are intended to
ensure that the time and cost to process small generator interconnect
requests will be just and reasonable and not unduly discriminatory. To
facilitate discussion of the proposed reforms, the Commission intends
to hold a workshop at which stakeholders may discuss the proposals made
in this NOPR. The workshop is to be held before the end of the comment
period.
DATES: Comments are due June 3, 2013.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT:
Leslie Kerr (Technical Information), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502-8540, Leslie.Kerr@ferc.gov.
Monica Taba (Technical Information), Office of Electric Reliability,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, (202) 502-6789, Monica.Taba@ferc.gov.
Elizabeth Arnold (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, (202) 502-8687, Elizabeth.Arnold@ferc.gov.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
Table of Contents
Paragraph Nos.
I. Introduction...................................... 1
II. Background....................................... 6
A. Order No. 2006................................ 6
B. Solar Energy Industries Association Petition.. 12
III. Need for Reform................................. 18
IV. Proposed Reforms................................. 25
A. Pre-Application Report........................ 26
B. Threshold for Participation in the Fast Track 30
Process.........................................
C. Customer Options Meeting and Supplemental 33
Review..........................................
D. Review of Required Upgrades................... 41
E. Other Revisions............................... 45
V. Workshop.......................................... 47
VI. Compliance Filings............................... 50
VII. Procedural Matters.............................. 54
VIII. Information Collection Statement............... 56
IX. Environmental Analysis........................... 60
X. Regulatory Flexibility Act........................ 61
XI. Comment Procedures............................... 63
XII. Document Availability........................... 67
Appendix A: List of Short Names of Commenters on the SEIA
Petition (Docket No. RM12-10-000) and the Technical Conference
(Docket No. AD12-17-000).
Appendix B: Proposed Flow Chart for Interconnecting a Certified
Small Generating Facility Using the ``Fast Track Process.''
Appendix C: Proposed Revisions to the Pro Forma SGIP.
Appendix D: Proposed Revisions to the Pro Forma SGIA.
Notice of Proposed Rulemaking
January 17, 2013.
I. Introduction
1. The Commission is proposing to revise the pro forma Small
Generator Interconnection Procedures (SGIP) and pro forma Small
Generator
[[Page 7525]]
Interconnection Agreement (SGIA) originally set forth in Order No.
2006.\1\ The pro forma SGIP and SGIA establish the terms and conditions
under which public utilities \2\ must provide interconnection service
to Small Generating Facilities \3\ of no more than 20 megawatts
(MW).\4\
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\1\ Standardization of Small Generator Interconnection
Agreements and Procedures, Order No. 2006, FERC Stats. & Regs. ]
31,180, order on reh 'g, Order No. 2006-A, FERC Stats. & Regs. ]
31,196 (2005), order on clarification, Order No. 2006-B, FERC Stats.
& Regs. ] 31,221 (2006) (Order No. 2006).
\2\ For purposes of this Proposed Rule, a public utility is a
utility that owns, controls, or operates facilities used for
transmitting electric energy in interstate commerce, as defined by
the Federal Power Act (FPA). See 16 U.S.C. 824(e) (2006). A non-
public utility that seeks voluntary compliance with the reciprocity
condition of an Open Access Transmission Tariff (OATT) may satisfy
that condition by filing an OATT, which includes the pro forma SGIP
and the pro forma SGIA.
\3\ Capitalized terms used in this NOPR have the meanings
specified in the Glossaries of Terms or the text of the SGIP or
SGIA. Small Generating Facility means the device for which the
Interconnection Customer has requested interconnection. The owner of
the Small Generating Facility is the Interconnection Customer. The
utility entity with which the Small Generating Facility is
interconnecting is the Transmission Provider. A Small Generating
Facility is a device used for the production of electricity having a
capacity of no more than 20 MW. The interconnection process formally
begins with the Interconnection Customer submitting an application
for interconnection, called an Interconnection Request, to the
Transmission Provider.
\4\ The pro forma SGIP and SGIA are used by a public utility to
interconnect a Small Generating Facility with the utility's
transmission facilities or with its jurisdictional distribution
facilities for the purpose of selling electric energy at wholesale
in interstate commerce.
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2. Market changes, including the growth of small generator
interconnection requests and the growth in solar photovoltaic (PV)
installations, driven in part by state renewable energy goals and
policies, necessitate a reevaluation of the SGIP and SGIA to ensure
that they continue to facilitate Commission-jurisdictional
interconnections in a just and reasonable and not unduly discriminatory
manner.\5\ We note that the Commission has previously reviewed the
Large Generator Interconnection Procedures (LGIP) after significant
increases in large generator interconnection requests, mainly from wind
generators, led to challenges in processing interconnection requests on
a timely basis.\6\ The Commission proposes the reforms herein in the
belief that failure to do so now could lead to unnecessary challenges
for Small Generating Facilities in the future.\7\
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\5\ Although not controlling as to interconnections subject to
state jurisdiction, the Commission notes that one of the intended
purposes for the small generator interconnection regulations set
forth in Order No. 2006 was to serve as a guide for state
interconnection procedures. See Order No. 2006, FERC Stats. & Regs.
] 31,180 at P 4, 8.
\6\ Docket No. AD08-2-000 explored methods to address then
current queue management challenges in a manner consistent with
Standardization of Generator Interconnection Agreements and
Procedures, Order No. 2003, FERC Stats. & Regs. ] 31,146 (2003),
order on reh'g, Order No. 2003-A, FERC Stats. & Regs. ] 31,160,
order on reh'g, Order No. 2003-B, FERC Stats. & Regs. ] 31,171
(2004), order on reh'g, Order No. 2003-C, FERC Stats. & Regs. ]
31,190 (2005), aff'd sub nom. Nat'l Ass'n of Regulatory Util.
Comm'rs v. FERC, 475 F.3d 1277 (D.C. Cir. 2007), cert. denied, 552
U.S. 1230 (2008) (Order No. 2003).
\7\ The Commission routinely evaluates the effectiveness of its
regulations and policies in light of changing industry conditions to
determine if changes in these regulations and policies are
necessary. See, e.g., Integration of Variable Energy Resources,
Order No. 764, 77 FR 41482 (July 13, 2012) FERC Stats. & Regs. ]
31,331 (2012).
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3. Specifically, the Commission proposes to modify the pro forma
SGIP to: (1) Incorporate provisions that would provide an
Interconnection Customer with the option of requesting from the
Transmission Provider a pre-application report providing existing
information about system conditions at a possible Point of
Interconnection; (2) revise the 2 MW threshold for participation in the
Fast Track Process included in section 2 of the pro forma SGIP; (3)
revise the customer options meeting and the supplemental review
following failure of the Fast Track screens so that the supplemental
review is performed at the discretion of the Interconnection Customer
and includes minimum load and other screens to determine if a Small
Generating Facility may be interconnected safely and reliably; and (4)
revise the pro forma SGIP Facilities Study Agreement to allow the
Interconnection Customer the opportunity to provide written comments on
the upgrades required for interconnection. The Commission also proposes
to clarify or correct certain sections of the pro forma SGIP and SGIA.
4. The proposals set forth in this Notice of Proposed Rulemaking
(NOPR) are intended to ensure that the time and cost to process small
generator interconnection requests will be just and reasonable and not
unduly discriminatory as sections 205 and 206 of the FPA require.\8\ We
expect the proposed reforms will reduce the time and cost to process
small generator interconnection requests for Interconnection Customers
and Transmission Providers, maintain reliability, increase energy
supply, and remove barriers to the development of new energy sources.
While the Commission proposes that all public utilities will be
required to amend \9\ their Open Access Transmission Tariffs (OATT) to
include a modified pro forma SGIP and SGIA,\10\ these reforms will
likely impact public utility Transmission Providers with a significant
penetration of distributed resources and a larger number of small
generator interconnection requests.
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\8\ 16 U.S.C. 824a and 824b (2006).
\9\ Compliance procedures are discussed in Part VI below.
\10\ See proposed revisions to the pro forma SGIP in Appendix C
and proposed revisions to the pro forma SGIA in Appendix D.
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5. The Commission believes there is sufficient justification for
proposing the reforms discussed below. In light of the technical nature
of these reforms, the Commission is directing its staff to hold a
workshop at which stakeholders may discuss possible refinements to the
proposals made in this NOPR before the end of the comment period.\11\
The Commission encourages interested stakeholders to participate
actively in the workshop to assist the Commission in developing any
appropriate improvements to the proposed reforms to the SGIP and SGIA.
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\11\ Notice of the date and time of the workshop will be
published separately in the Federal Register.
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II. Background
A. Order No. 2006
6. In Order No. 2006, the Commission established a pro forma SGIP
and SGIA for the interconnection of generation resources no larger than
20 MW. The pro forma SGIP describes how an Interconnection Customer's
interconnection request (application) should be evaluated. The pro
forma SGIP includes three alternative procedures for evaluating an
interconnection request. They are the Study Process, which can be used
by any generating facility with a capacity no larger than 20 MW, and
two procedures that use ten technical screens to quickly identify
safety or reliability issues associated with proposed interconnections:
(1) The Fast Track Process for certified \12\ Small Generating
Facilities no larger than 2 MW; and (2) the 10 kW Inverter Process for
certified inverter-based \13\ Small
[[Page 7526]]
Generating Facilities no larger than 10 kW.
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\12\ See Attachments 3 and 4 of the Order No. 2006, FERC Stats.
& Regs. ] 31,180 pro forma SGIP, which specify the codes, standards,
and certification requirements that Small Generating Facilities must
meet.
\13\ An inverter is a device that converts the direct current
(DC) voltage and current of a DC generator to alternating voltage
and current. For example, the output of a solar panel is DC. The
solar panel's output must be converted by an inverter to alternating
current (AC) before it can be interconnected with a utility's AC
electric system.
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7. The Study Process in section 3 of the pro forma SGIP is used to
evaluate small generator interconnection requests that do not qualify
for either the Fast Track Process or the 10 kW Inverter Process. The
Study Process is similar to the process under the LGIP set forth in
Order No. 2003. The Study Process normally consists of a scoping
meeting, a feasibility study, a system impact study, and a facilities
study. These studies identify any adverse system impacts \14\ that must
be addressed before the Small Generating Facility may be interconnected
and any equipment modifications required to accommodate the
interconnection. Once the Interconnection Customer agrees to fund any
needed upgrades, an SGIA is executed that, among other things,
formalizes responsibility for construction and payment for
interconnection facilities and upgrades.\15\
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\14\ An adverse system impact means that technical or
operational limits on conductors or equipment are exceeded under the
interconnection, which may compromise the safety or reliability of
the electric system.
\15\ Order No. 2006, FERC Stats. & Regs. ] 31,180 at P 44.
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8. Under the current Fast Track Process, in place of the scoping
meeting and three interconnection studies performed under the Study
Process, technical screens are used to quickly identify reliability or
safety issues. If the proposed interconnection passes the screens, the
Transmission Provider offers the Interconnection Customer an SGIA
without further study. If the proposed interconnection fails the
screens, but the Transmission Provider determines that the Small
Generating Facility may be interconnected without affecting safety and
reliability, the Transmission Provider provides the Interconnection
Customer with an SGIA. However, if the Transmission Provider does not
or cannot determine that the Small Generating Facility may be
interconnected without affecting safety and reliability, the
Transmission Provider offers the Interconnection Customer the
opportunity to attend a customer options meeting to discuss how to
proceed. In that meeting, the Transmission Provider must: (1) Offer to
perform facility modifications or minor modifications to the
Transmission Provider's system (e.g., changing meters, fuses, relay
settings) and provide a non-binding good faith estimate of the cost to
make such modifications; (2) offer to perform a supplemental review if
the Transmission Provider concludes that the supplemental review might
determine that the Small Generating Facility could continue to qualify
for interconnection pursuant to the Fast Track Process, paid for by the
Interconnection Customer, and provide a non-binding good faith estimate
of the cost of that review; or (3) obtain the Interconnection
Customer's agreement to continue evaluating the interconnection request
under the Study Process. If the Transmission Provider determines in the
supplemental review that the Small Generating Facility can be
interconnected safely and reliably and the Interconnection Customer
agrees to pay for any upgrades called for in the supplemental review,
the Transmission Provider and the Interconnection Customer execute an
SGIA. If, after the supplemental review, the Transmission Provider
still is unable to determine that the proposed interconnection would
not degrade the safety and reliability of its electric system, the
Interconnection Request is evaluated using the Study Process.
9. The 10 kW Inverter Process is available for the interconnection
of certified inverter-based generators no larger than 10 kW. The 10 kW
Inverter Process includes a simplified application form,
interconnection procedures, and a brief set of terms and conditions
(rather than a separate interconnection agreement). The 10 kW Inverter
Process uses the same technical screens as the Fast Track Process. If
the results of the analysis using the technical screens indicate that
the generator can be interconnected safely and reliably, the
interconnection application is approved. To simplify the 10 kW Inverter
Process, the Interconnection Customer agrees to the terms and
conditions of the interconnection at the time the interconnection
request is made.\16\
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\16\ Id. P 46.
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10. The technical screens used in the current 10 kW Inverter
Process and the current Fast Track Process are included in section
2.2.1 of the pro forma SGIP. The following is section 2.2.1.2 of the
pro forma SGIP, which is referred to in this NOPR as the 15 Percent
Screen: \17\
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\17\ The 15 Percent Screen was derived by using a ``rule of
thumb'' that minimum load is approximately 30 percent of peak load.
To assure minimum loads were not exceeded by generation on a given
line section, a 50 percent safety margin was applied. See Nat'l
Renewable Energy Lab, Updating Interconnection Screens for PV System
Integration 2 (Feb. 2012), https://www.nrel.gov/docs/fy12osti/54063.pdf.
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 [percent] of the line section annual peak load as most
recently measured at the substation. A line section is that portion
of a Transmission Provider's electric system connected to a customer
bounded by automatic sectionalizing devices or the end of the
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distribution line.
11. The Commission anticipated potential changes to its small
generator interconnection regulations when it encouraged stakeholders
to convene an informal meeting ``biennially, beginning two years from
the issuance of this order, to consider and recommend consensus
proposals for changes in the Commission's rules for small generator
interconnection.'' \18\ The Commission is unaware of any such meetings
taking place to date.
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\18\ Order No. 2006, FERC Stats. & Regs. ] 31,180 at P 118.
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B. Solar Energy Industries Association Petition
12. On February 16, 2012, pursuant to sections 205 and 206 of the
FPA and Rule 207 of the Commission's Rules of Practice and
Procedure,\19\ and noting that the Commission encouraged stakeholders
to submit proposed revisions to the regulations set forth in Order No.
2006,\20\ the Solar Energy Industries Association (SEIA) filed a
Petition to Initiate Rulemaking (Petition) requesting that the
Commission revise the pro forma SGIA and SGIP set forth in Order No.
2006. SEIA asserts that the pro forma SGIP and SGIA as applied to small
solar generation are no longer just and reasonable, have become unduly
discriminatory, and present unreasonable barriers to market entry.\21\
SEIA notes that its Petition applies exclusively to solar electric
generation due to its unique characteristics.\22\
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\19\ 18 CFR 385.207 (2012).
\20\ SEIA Petition at 4 (citing Order No. 2006, FERC Stats. &
Regs. ] 31,180 at P 118).
\21\ SEIA Petition at 12.
\22\ Id. at 4 (explaining that solar generation occurs only
during daylight hours when peak load typically occurs, and solar
photovoltaic technology utilizes inverters with built-in functions
that protect the safety and reliability of the electric system).
---------------------------------------------------------------------------
13. SEIA requests that the Commission modify the SGIP in three
ways. First, SEIA requests that the Commission maintain section 2.2.1.2
of the pro forma SGIP (the 15 Percent Screen), but amend the pro forma
SGIP to include a well-defined supplemental review that Transmission
Providers must offer to provide Interconnection Customers in the event
that a Small Generating Facility fails the 15 Percent Screen.\23\
---------------------------------------------------------------------------
\23\ On May 8, 2012, SEIA filed supplemental comments in Docket
No. RM12-10-000, clarifying that it supports the supplemental review
screens included in the revision to California Electric Rule 21, the
California distribution level interconnection rules and regulations
(Rule 21). These screens create thresholds for distributed
generation penetration based on minimum load and establish criteria
for power quality, voltage, safety and reliability.
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[[Page 7527]]
14. Second, SEIA requests that the Commission eliminate the 2 MW
threshold for participation in the Fast Track Process or, in the
alternative, increase the threshold to 10 MW.\24\
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\24\ SEIA Petition at 16-17.
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15. Finally, SEIA encourages the Commission to modify the SGIP to
provide, at the request and cost of the Interconnection Customer, an
expedited, independent third-party expert technical review of proposed
upgrades required for interconnection to evaluate whether there are
simpler, less costly options to insure a safe and reliable
interconnection. SEIA also encourages the Commission to clearly
articulate that Transmission Providers are required to give such
independent third-party reviews ``substantial weight'' or
consideration.\25\
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\25\ Id. at 17-18.
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16. On February 28, 2012, the Commission issued a Notice of
Petition for Rulemaking in Docket No. RM12-10-000, seeking public
comment on SEIA's Petition. The Commission received twenty-three timely
comments, two protests, two out-of-time comments, and four answers and
reply comments.\26\
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\26\ See Appendix A: List of Short Names of Commenters on the
SEIA Petition (Docket No. RM12-10-000) and the Technical Conference
(Docket No. AD12-17-000).
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17. On June 13, 2012, the Commission issued a Notice of Technical
Conference in Docket No. RM12-10-000 and in Docket No. AD12-17-000. On
July 17, 2012, the Commission convened a technical conference at its
headquarters. The Commission received nine post-technical conference
comments, including clarifying comments from SEIA.
III. Need for Reform
18. The Commission preliminarily finds that the reforms proposed in
this NOPR are needed to ensure that the rates, terms, and conditions of
interconnection service for Small Generating Facilities are just and
reasonable and not unduly discriminatory or preferential.
19. Since the issuance of Order No. 2006, many aspects of the
energy industry have changed. For example, when Order No. 2006 was
issued in 2005, only 79 MW of grid-connected PV were installed.\27\ By
2011, grid-connected PV had reached approximately 4,000 MW.\28\
Similarly, installed wind generation with a capacity of 20 MW or less
has increased in the contiguous United States from 1,185 MW in 2005 to
2,961 MW in 2012.\29\
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\27\ See Nat'l Renewable Energy Lab, Updating Small Generator
Interconnection Procedures for New Market Conditions 7 (Dec. 2012),
https://www.nrel.gov/docs/fy13osti/56790.pdf.
\28\ Id. at 8.
\29\ SNL Financial, Power Plant Summary (2013).
---------------------------------------------------------------------------
20. Recent Commission filings have referenced higher volumes of
small generator interconnection requests.\30\ Additionally, state
renewable portfolio standards are driving small generator
interconnection requests and influencing state policies. As of November
2012, 29 states and the District of Columbia had renewable portfolio
standards, with an additional eight states having renewable portfolio
goals.\31\ Some state renewable portfolio standards include increasing
the percentage of renewable energy resources over time, which will lead
to increasing penetrations of these energy resources. For example, the
California renewable portfolio standard is 20 percent by December 31,
2013, 25 percent by December 31, 2016, and 33 percent by 2020.\32\
Similarly, the Massachusetts renewable portfolio standard is 15 percent
by 2020 and an additional 1 percent each year thereafter.\33\
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\30\ See, e.g., Cal. Indep. Sys. Operator Corp., 133 FERC ]
61,223, at P 3 (2010) (stating that an increasing volume of small
generator Interconnection Requests had created inefficiencies);
Pacific Gas & Elec. Co., 135 FERC ] 61,094, at P 4 (2011) (stating
that increased small generator Interconnection Requests resulted in
a backlog of 170 requests over three years); PJM Interconnection,
LLC, 139 FERC ] 61,079, at P 12 (2012) (stating that smaller
projects comprised 66 percent of recent queue volume).
\31\ See Dep't of Energy, Summary Maps, https://www.dsireusa.org/summarymaps/index.cfm?ee=1&RE=1.
\32\ See Dep't of Energy, California Incentives/Policies for
Renewables & Efficiency: Renewables Portfolio Standard, https://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=CA25R&re=1&ee=1.
\33\ See Dep't of Energy, Massachusetts Incentives/Policies for
Renewables & Efficiency: Renewables Portfolio Standard, https://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=MA05R&re=1&ee=1.
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21. Some states have also adopted goals and policies to promote
growth in distributed generation. For example, Arizona, Colorado, and
Illinois have implemented distributed generation ``carve-outs'' in
which a percentage of the total state renewable portfolio standard must
come from distributed generation.\34\ At the July 17, 2012 technical
conference, the increase in distributed generation since the issuance
of Order No. 2006 was noted.\35\
---------------------------------------------------------------------------
\34\ See Dep't of Energy, Summary Maps, https://www.dsireusa.org/summarymaps/index.cfm?ee=1&RE=1.
\35\ July 17, 2012 Technical Conference Transcript at 26, lines
22-24.
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22. The growth in PV installations in particular has been cited by
SEIA and IREC as evidence that there is a need to reform certain
aspects of the SGIP,\36\ while the California Utilities, NRECA and APPA
state that this growth is evidence that Order No. 2006 has been and
continues to be successful at facilitating interconnection of Small
Generating Facilities.\37\ These positions are not mutually exclusive.
The success of Order No. 2006 in facilitating small generator
interconnections could be a factor in penetration levels reaching 15
percent on certain line sections, which causes subsequent projects to
fail the 15 Percent Screen. If this is the case, the 15 Percent Screen
should be re-examined to determine if revisions to the screen can be
made that will continue to allow projects to participate in the less
costly and time-consuming Fast Track Process while maintaining the
safety and reliability of the Transmission Provider's system.
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\36\ SEIA Petition at 6; IREC March 27, 2012 Comments at 7-8.
\37\ California Utilities Post-Technical Conference Comments at
3-4; NRECA and APPA March 27, 2012 Protest at 7.
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23. Moreover, the Commission intended the pro forma SGIP and SGIA
to apply to interconnections made subject to a jurisdictional OATT for
the purposes of jurisdictional wholesale sales while also serving as a
model for state interconnection rules.\38\ In its comments on the
Petition, the NJBPU stated support for keeping the pro forma SGIP
current with technological advances and newly developed solutions for
interconnecting small generators.\39\ The California PUC recommends
that the Commission consider adopting a supplemental review, including
a 100 percent of minimum load screen similar to the one in Rule 21, for
projects that fail the initial 15 Percent Screen and consider
increasing the 2 MW threshold for participation in the Fast Track
Process.\40\ Comments such as these indicate that the Commission's
actions to update its SGIP may assist states in their own efforts to
reevaluate state interconnection rules.
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\38\ Order No. 2006, FERC Stats. & Regs. ] 31,180 at P 8.
\39\ NJBPU March 27, 2012 Comments at 2-3.
\40\ California PUC April 9, 2012 Comments at 4, 9.
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24. The Commission acknowledges that the need for reform may not be
uniform across the country and is proposing reforms that, in
[[Page 7528]]
implementation, should balance the interests of Small Generating
Facilities and public utility Transmission Providers.
IV. Proposed Reforms
25. The Commission is proposing four reforms that are designed to
address interconnection issues confronting Small Generating Facilities
and public utility Transmission Providers and that will allow for the
more efficient interconnection of small generation resources to the
benefit of customers. The Commission also proposes to clarify or
correct certain sections of the pro forma SGIP and SGIA. Together these
proposals would reform certain aspects of the SGIP and SGIA that may
present barriers to the interconnection of Small Generating Facilities
and keep the cost of interconnecting these resources from becoming
unjust, unreasonable or unduly discriminatory.
A. Pre-Application Report
26. The Commission proposes to provide the Interconnection Customer
with the option of requesting a pre-application report from the
Transmission Provider for a fee of $300. The Commission believes the
pre-application report will promote transparency and efficiency in the
interconnection process. In most cases, a pre-application report would
increase the amount of information available to Interconnection
Customers regarding system conditions at a particular Point of
Interconnection and help the Interconnection Customer make a more
efficient decision on siting its generating facility. Currently, only
limited information is available to the Interconnection Customer under
section 1.2 of the pro forma SGIP (relevant system studies,
interconnection studies and other materials useful to an understanding
of an interconnection at a particular point on the system), often
leading developers to submit multiple requests for interconnection for
a single project to determine which Point of Interconnection is the
most advantageous. A pre-application report would enable
Interconnection Customers to better evaluate possible Points of
Interconnection before submitting a formal interconnection request,
reducing the volume of interconnection requests and increasing the
efficiency of the interconnection process for both the Transmission
Provider and the Interconnection Customer.
27. The proposed revision includes new sections 1.2.2 through 1.2.4
of the SGIP and specifies the timeframes for providing the pre-
application report, the $300 payment requirement from the
Interconnection Customer to the Transmission Provider for producing the
pre-application report, and the information that the report should
contain. The pre-application report, as proposed, would only include
information already available to the Transmission Provider. The
proposed fee is the same as the amount required for the Rule 21 pre-
application report.
28. To request a pre-application report, the developer must provide
sufficient information to clearly identify the proposed Point of
Interconnection. After a request is received, a utility must provide
the report within ten business days. The utility is only required to
provide existing information; the utility is not required to obtain new
information prior to preparing the pre-application report. To the
extent information is available, the Transmission Provider is required
to provide information regarding:
a. Total capacity and available capacity of the facilities that
serve the Point of Interconnection;
b. Existing and queued generation at the facilities likely serving
the Point of Interconnection;
c. Voltage of the facilities that serve the Point of
Interconnection;
d. Circuit distance between the proposed Point of Interconnection
and the substation likely to serve the Point of Interconnection
(Substation);
e. Number and rating of protective devices and number and type of
voltage regulating devices between the proposed Point of
Interconnection and the Substation;
f. Number of phases available at the proposed Point of
Interconnection;
g. Limiting conductor ratings from the proposed Point of
Interconnection to the Substation;
h. Peak and minimum load data; and
i. Existing or known constraints associated with the Point of
Interconnection.
29. Several commenters express support for this proposal as a way
to improve the interconnection process by making it less costly and
more transparent, timely, and predictable.\41\ The California Utilities
argue that this approach will provide more accurate information for
Interconnection Customers and will be less costly than publishing
minimum load data as originally proposed by SEIA.\42\ IREC notes that
in its experience, generation developers may submit multiple
interconnection requests in an effort to find the most cost effective
Point of Interconnection. IREC asserts that it is inefficient for
utilities to process interconnection requests that are unlikely to
result in interconnections and that this raises project development
costs for generators.\43\ IREC states that a pre-application report
would allow developers to request specific system information about a
proposed Point of Interconnection.\44\
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\41\ California Utilities Post-Technical Conference Comments at
6-7; IREC Post-Technical Conference Comments at 4-8; and Clean
Coalition Post-Technical Conference Comments at 9.
\42\ California Utilities Post-Technical Conference Comments at
6-7.
\43\ IREC Post-Technical Conference Comments at 5.
\44\ Id. at 7 (referencing IREC's Proposed SGIP Redline at Sec.
1.2.2).
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B. Threshold for Participation in the Fast Track Process
30. The Commission proposes to revise the 2 MW threshold for
participation in the Fast Track Process. The Commission proposes to
base Fast Track eligibility on individual system and generator
characteristics, up to a limit of 5 MW. These characteristics include
interconnection voltage level, the circuit distance of the
interconnection from the substation, and generator capacity as the
basis for determining whether an Interconnection Customer is eligible
to be evaluated under the Fast Track Process. This approach to base
Fast Track eligibility on individual system and generator
characteristics is similar to the proposal submitted by IREC,\45\ as
shown in the table below.
---------------------------------------------------------------------------
\45\ Id. at 9-10.
------------------------------------------------------------------------
Fast track Fast track eligibility
eligibility on >= 600 ampere line
Line voltage regardless of and <= 2.5 miles from
location substation
------------------------------------------------------------------------
< 5 kilovolt (kV)........... <= 1 MW........ <= 2 MW
>= 5 kV and < 15 kV......... <= 2 MW........ <= 3 MW
[[Page 7529]]
>= 15 kV and < 30 kV........ <= 3 MW........ <= 4 MW
>= 30 kV.................... <= 4 MW........ <= 5 MW
------------------------------------------------------------------------
31. The Commission has designed this proposal in recognition that,
as IREC comments,\46\ a fixed size limit for the Fast Track may be
unduly conservative in some cases and not conservative enough in others
due to variations in distribution line voltage. Commenters point to
voltage at the Point of Interconnection as a possible determinant of
Fast Track eligibility.\47\ Other factors mentioned by commenters
include the size of the generator and the location of the
interconnection on the circuit.\48\ Voltage and generator size were
factors in the different Fast Track thresholds that were agreed upon in
the Rule 21 settlement process.\49\ Pacific Gas and Electric states
that it has eliminated the 2 MW limit entirely within its systems, and
instead utilizes soft cap guidelines specific to the voltage of the
Point of Interconnection. Pacific Gas and Electric asserts that it
chose the advisory caps because they represent rough estimates of the
MW size that would violate the 15 Percent Screen on a fully loaded
circuit if no other projects interconnect to that circuit.\50\ San
Diego Gas & Electric supports the varied Rule 21 Fast Track eligibility
limits, which it claims ``recognize the variability among electrical
systems.'' \51\
---------------------------------------------------------------------------
\46\ Id. at 9.
\47\ See July 17, 2012 Technical Conference Transcript at 35,
lines 8-11 (San Diego Gas & Electric stating that higher voltages
may allow for higher penetrations of distributed generation); see
also id. at 105, lines 14-16 (EEI commenting that a Fast Track
threshold based on voltage would be more accurate than the current 2
MW threshold).
\48\ See id. at 35, lines 1-4 (San Diego Gas & Electric
asserting that size and location of the Small Generating Facility
may impact the amount of generation that may be interconnected
safely and reliably); id. at 59 lines 10-16 (same). See also id. at
38, lines 19-21 (IREC stating that locations within 2.5 miles of the
relevant substation on 600 Ampere line allow for higher penetrations
of distributed generation).
\49\ See California PUC Motion to Lodge, Attachment B ``Revised
Rule 21 Tariff'' at 26.
\50\ Pacific Gas and Electric March 27, 2012 Comments at 4
(citing Pacific Gas and Electric Company, 135 FERC ] 61,094 (2011)).
\51\ San Diego Gas & Electric March 27, 2012 Comments at 8-9.
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32. The Commission notes that CAISO has a 5 MW threshold for
participation in its Fast Track Process.\52\ In its proposal to
increase its Fast Track threshold from 2 MW to 5 MW, CAISO stated that,
from an engineering standpoint, the increase is relatively small and
would cause no greater impact on the safety and reliability of the
CAISO-controlled transmission grid.\53\ The Commission acknowledges,
however, that there are a wide range of operating practices and
electric system configurations. The Commission believes that in the
instant proceeding, the proposed revision to the Fast Track threshold
is appropriately based on individual system and generator
characteristics that allow it to accommodate a variety of operating
practices and electric system configurations while also maintaining
safety and reliability. Thus, this proposal attempts to balance
Interconnection Customers' need for a faster, less costly
interconnection process with Transmission Providers' need to ensure the
safety and reliability of their systems.
---------------------------------------------------------------------------
\52\ Cal. Indep. Sys. Operator Corp., 133 FERC ] 61,223 (2010).
\53\ Id. P 35.
---------------------------------------------------------------------------
C. Customer Options Meeting and Supplemental Review
33. The Commission proposes to revise the customer options meeting
and the supplemental review for those Interconnection Customers whose
projects fail any of the ten Fast Track screens, including the 15
Percent Screen.\54\ As noted in the Background section above, if the
proposed Small Generating Facility passes the initial review screens in
section 2.2.1 of the pro forma SGIP, the Transmission Provider will
offer the Interconnection Customer an SGIA without requiring any
supplemental review. If the proposed Small Generating Facility fails
any of the screens, but the Transmission Provider determines that the
Small Generating Facility may be interconnected without affecting
safety and reliability, the Transmission Provider provides the
Interconnection Customer with an SGIA. If the Transmission Provider
cannot determine that the Small Generating Facility may be
interconnected without affecting safety and reliability, the
Transmission Provider must offer the Interconnection Customer the
opportunity to attend a customer options meeting as set forth in
section 2.3 of the pro forma SGIP to discuss how to proceed. The
Commission proposes that, in that meeting, the Transmission Provider
must: (1) Offer to perform facility modifications or minor
modifications to the Transmission Provider's system (e.g., changing
meters, fuses, relay settings) and provide a non-binding good faith
estimate of the cost to make such modifications, and if the
Interconnection Customer agrees to pay for those minor modifications,
the Transmission Provider will provide the Interconnection Customer an
SGIA within 5 business days of the customer options meeting; (2) offer
to perform a supplemental review of the proposed interconnection, paid
for by the Interconnection Customer in the amount of $2,500; \55\ or
(3) obtain the Interconnection Customer's agreement to continue
evaluating the interconnection request under the Study Process.
---------------------------------------------------------------------------
\54\ The current and proposed supplemental review is available
to Interconnection Customers whose projects are being evaluated
under the Fast Track Process. If a project is being evaluated under
the 10 kW Inverter Process and it fails the screens in section 2.2.1
of the pro forma SGIP, it may then be evaluated under the Fast Track
Process or the Study Process. If it is evaluated under the Fast
Track Process, the supplemental review would be available to the
project. (See Order No. 2006, FERC Stats. & Regs. ] 31,180 Appendix
D, ``Flow Chart for Interconnecting a Certified Inverter-Based Small
Generating Facility No Larger than 10 kW Using the ``10 kW Inverter
Process''.)
\55\ The proposed $2,500 fee for the supplemental review is the
same as the amount required for the Rule 21 supplemental review.
---------------------------------------------------------------------------
34. In order to clarify the outcome of the customer options
meeting, the Commission proposes to modify section 2.3.1 of the pro
forma SGIP to require the Transmission Provider to provide an
interconnection agreement to the Interconnection Customer within 5
business days of the customer options meeting if the Interconnection
Customer agrees to pay for minor modifications on the Transmission
Provider's system. In addition, the Commission proposes to modify
section 2.3.2 of the pro forma SGIP so that the supplemental review is
performed at the discretion of the Interconnection Customer.
35. Further, the Commission proposes that the supplemental review
consist of three additional screens: (1) The 100 percent of minimum
load screen (using
[[Page 7530]]
daytime minimum load for small solar generators (20 MW or less) and
absolute minimum load for all other Small Generating Facilities)
(Minimum Load Screen); (2) the power quality and voltage screen; and
(3) the safety and reliability screen.\56\ If the proposed
interconnection fails any of the supplemental review screens, the
Transmission Provider will notify the Interconnection Customer that a
Study Process under section 3 of the pro forma SGIP is required.\57\
---------------------------------------------------------------------------
\56\ These screens are similar to the California Rule 21 screens
or tests. See California PUC Motion to Lodge, Attachment B ``Revised
Rule 21 Tariff,'' Section G.2 ``Supplemental Review Screens''
detailing the following screens:
(1) Penetration Test: ``Where 12 months of line section minimum
load data is available, can be calculated, can be estimated from
existing data, or determined from a power flow model, is the
aggregate Generating Facility capacity on the Line Section less than
100 [percent] of the minimum load for all line sections bounded by
automatic sectionalizing devices upstream of the Generating
Facility?'' Note that the ``type of generation will be taken into
account when calculating, estimating or determining circuit or Line
Section minimum load relevant for the application of this screen.
Solar generation systems with no battery storage use daytime minimum
load (i.e. 10 a.m. to 4 p.m. for fixed panel systems and 8 a.m. to 6
p.m. for PV systems utilizing tracking systems), while all other
generation uses absolute minimum load.''
(2) Power Quality and Voltage Tests: (a) ``Can it be determined
within the Supplemental Review that the voltage regulation on the
line section can be maintained in compliance with Commission Rule 2
and/or Conservation Voltage Regulation voltage requirements under
all system conditions?'' (b) ``Can it be determined within the
Supplemental Review that the voltage fluctuation is within
acceptable limits as defined by [Institute of Electrical and
Electronics Engineers] IEEE 1453 or utility practice similar to IEEE
1453?'' (c) ``Can it be determined within the Supplemental Review
that the harmonic levels meet IEEE 519 limits at the Point of Common
Coupling (PCC)?''
(3) Safety and Reliability Tests: ``Does the location of the
proposed Generating Facility or the aggregate generation capacity on
the Line Section create impacts to safety or reliability that cannot
be adequately addressed without Detailed Study?''
\57\ See supra P 7 for a description of the Study Process.
---------------------------------------------------------------------------
36. The Minimum Load Screen is designed to ensure that power flow
from the circuit into the substation and its impact on equipment
loading, operation, and protection systems is minimal. The Minimum Load
Screen asks whether the aggregate generation facility capacity on a
line section is less than 100 percent of the minimum load measured
during the period relevant for the generator type for all line sections
bounded by automatic sectionalizing devices upstream of the generation
facility. If minimum load data are not readily available,\58\ however,
the screen allows Transmission Providers the flexibility to calculate,
estimate, or otherwise determine minimum load. The Commission proposes
that, if this is not possible, the Transmission Provider must notify
the Interconnection Customer of this in writing and include the
reason(s) it is not possible.
---------------------------------------------------------------------------
\58\ Commenters express concern that minimum load data are not
commonly tracked by utilities. See July 17, 2012 Technical
Conference Transcript at 127, lines 16-19; EEI Post-Technical
Conference Comments at 15; SEIA Post-Technical Conference Comments
at 3.
---------------------------------------------------------------------------
37. The second screen, related to voltage and power quality, is
designed to ensure that voltage regulation, fluctuation, and harmonic
levels are kept within their limits in compliance with reliability
standards, IEEE standards, and other applicable standards. The third
screen, related to safety and reliability, ensures that a Small
Generating Facility would not negatively impact safety and reliability.
This screen is intended to provide Transmission Providers with the
flexibility to identify some of the specific issues that may arise due
to a Small Generating Facility's unique variations.
38. This proposed reform is intended to decrease interconnection
costs in areas where the penetration of Small Generating Facilities is
causing Interconnection Customers to fail the 15 Percent Screen.
Moreover, the additional screens proposed to be included in the
supplemental review are designed to protect the safety and reliability
of the Transmission Provider's system while allowing those Small
Generating Facilities that pass the proposed supplemental review to
interconnect more efficiently and cost-effectively.
39. Some commenters argue that that 15 Percent Screen continues to
be effective.\59\ Others suggest revisions to the pro forma
supplemental review in the event a project fails the Fast Track
screens, similar to California Rule 21.\60\ The Commission believes
that the Rule 21 approach, after which our proposal is modeled, is a
reasonable middle ground and proposes to leave the 15 Percent Screen in
place while providing an alternative to the 15 Percent Screen as part
of the supplemental review that enables penetration levels to exceed 15
percent on a case-by-case basis if the Transmission Provider determines
that doing so will not create safety or reliability problems.
---------------------------------------------------------------------------
\59\ See SoCal Edison March 27, 2012 Comments at 6; EEI Post-
Technical Conference Comments at 11-13.
\60\ Clean Coalition Post-Technical Conference Comments at 3-4;
IREC Post-Technical Conference Comments at 14; SEIA May 8, 2012
Comments at 1; California PUC April 9, 2012 Comments at 4; EEI Post-
Technical Conference Comments at 11, fn. 10 (``Whereas the 100
percent minimum load threshold may be appropriate in the context of
a supplemental review process such as the California Rule 21
proceeding.'').
---------------------------------------------------------------------------
40. While SoCal Edison argues that the existing pro forma SGIP
supplemental review offers utilities the flexibility to reevaluate
projects that fail the Fast Track screens, including accounting for the
unique characteristics of solar generation,\61\ we note that section
2.4 of the current pro forma SGIP does not define the parameters or the
timeline and provides little guidance for conducting the supplemental
review if a Small Generating Facility fails the Fast Track screens in
section 2 of the SGIP. The Commission believes that this lack of
definition and transparency could negatively impact the interconnection
process. A well-defined supplemental review will provide greater
transparency with regard to what transpires in the supplemental review,
as well as mitigate confusion and delays in the interconnection
timeline. It will also allow interconnection requests to be more
expeditiously reviewed while maintaining safety, reliability, and power
quality standards.
---------------------------------------------------------------------------
\61\ SoCal Edison March 27, 2012 Comments at 5.
---------------------------------------------------------------------------
D. Review of Required Upgrades
41. The Commission proposes to revise the pro forma SGIP to give
the Interconnection Customer an opportunity to review and comment on
the upgrades required for interconnection proposed by the Transmission
Provider, similar to the opportunity for review and comment afforded
the Interconnection Customer under the LGIP.
42. The Commission believes that, because the Transmission Provider
is responsible for the safety and reliability of its system, the
Transmission Provider should make the final decision regarding required
upgrades for interconnection. However, the Commission is concerned that
the pro forma SGIP (including the pro forma Facilities Study Agreement)
may result in unjust and unreasonable interconnection costs as a result
of failing to provide an opportunity for the Interconnection Customer
to review and comment on the required upgrades. Therefore, the
Commission proposes to revise the pro forma SGIP to include provisions
similar to those in sections 8.3 and 8.4 of the pro forma LGIP.
43. In the LGIP, the Interconnection Customer has the opportunity
to provide written comments on the draft facilities study report, which
includes the proposed upgrades required for interconnection. The
Transmission Provider must include these comments
[[Page 7531]]
in the final report and may alter the study based on the comments. In
addition, upon request of the Interconnection Customer, the
Transmission Provider must provide the Interconnection Customer with
``supporting documentation, workpapers, and databases or data''
developed in the preparation of the facilities study. The LGIP also
provides for a meeting between the Interconnection Customer and the
Transmission Provider within ten business days of the Interconnection
Customer receiving the draft facilities study report.
44. The Commission believes that incorporating these pro forma LGIP
provisions into the pro forma SGIP will encourage a dialogue between
the Transmission Provider and the Interconnection Customer about
required interconnection upgrades and will provide Interconnection
Customers (or a third party designated by the Interconnection Customer)
with a meaningful opportunity to review and comment on interconnection
upgrade requirements.
E. Other Revisions
45. The Commission proposes to clarify or correct certain sections
of the pro forma SGIP and SGIA. First, in section 3.3.5 of the pro
forma SGIA, we propose to replace the first word of the section
(``This'') with ``The.'' Second, the Commission proposes to revise
section 1.1.1 of the pro forma SGIP to require that if an
Interconnection Customer wishes to interconnect its Small Generating
Facility using Network Resource Interconnection Service, it must do so
under the LGIP and execute the Large Generator Interconnection
Agreement. This requirement was included in Order No. 2003 \62\ but was
not made clear in the pro forma SGIP. To facilitate this clarification,
we propose to add the definitions of Network Resource and Network
Resource Interconnection Service to Attachment 1, Glossary of Terms, of
the pro forma SGIP.
---------------------------------------------------------------------------
\62\ Order No. 2003, FERC Stats. & Regs. ] 31,146 at P 140.
---------------------------------------------------------------------------
46. The Commission also proposes to modify section 1.5.4 of the pro
forma SGIA to address a reliability concern resulting from recently
identified issues in Germany and the United States (U.S.). The German
issue is related to over-frequency resulting from imbalances between
generation and load.\63\ The specific cause of over-frequency in
Germany is not yet an issue in the U.S., although over-frequency events
have occurred in the U.S.\64\ The North American Electric Reliability
Corporation (NERC) has identified a related bulk electric system
reliability concern as part of its Frequency Response Initiative \65\
where residential and commercial scale PV systems could trip during
under-frequency conditions. This could become a matter of concern at
high penetrations of PV resources. While the German government has
ordered the retrofit of thousands of PV systems at significant cost to
address its frequency issue,\66\ the Commission proposes to prevent
such problems with frequency now to mitigate this risk. The proposed
revisions to section 1.5.4 of the pro forma SGIA will require the
Interconnection Customer to design, install, maintain, and operate its
Small Generating Facility, in accordance with the latest version of the
applicable standards,\67\ to prevent automatic disconnection during an
over- or under-frequency event and to ensure that rates remain just and
reasonable.
---------------------------------------------------------------------------
\63\ In Germany, large amounts of distributed PV installations
are set to trip at frequency 50.2 Hz or higher. An over-frequency
(50.2 Hz and higher) event can cause the PV generation equipment
connected to the low-voltage network to shut down. Such a sudden
drop in generation could seriously disrupt the system.
\64\ See FERC & NERC, Arizona-Southern California Outages on
September 8, 2011: Causes and Recommendations (2011), https://www.nerc.com/files/AZOutage_Report_01MAY12.pdf.
\65\ NERC, Frequency Response Initiative Report: The Reliability
Role of Frequency Response 52 (2012), https://www.nerc.com/docs/standards/dt/FRI_Report_w-appendices_10-15-12.pdf.
\66\ See VDE, Study on the 50.2 Hz Problem (2012), https://www.vde.com/en/fnn/Documents/FNN_50-2-Hz_Praesentation_2011-09_engl.pdf.
\67\ See, e.g., IEEE Standard 1547 for Interconnecting
Distributed Resources with Electric Power Systems and Underwriters
Laboratories Inc. Standard 1741 for Safety for Inverters,
Converters, and Controllers for Use in Independent Power Systems.
---------------------------------------------------------------------------
V. Workshop
47. Commenters \68\ suggest that the Commission convene a
stakeholder working group or similar process as contemplated in Order
No. 2006 \69\ to review and make recommendations on the proposals in
the SEIA Petition and issues raised at the July 17, 2012 technical
conference. In light of the technical nature of the reforms proposed
above, the Commission agrees that the rulemaking process could benefit
from stakeholder discussions of the NOPR proposals and other related
issues. Therefore, during the comment period, the Commission will hold
a workshop so that members of the public, electric industry
participants, and federal and state agencies may discuss the proposals
in this NOPR and possible refinements to these proposals before the end
of the comment period.
---------------------------------------------------------------------------
\68\ NRECA Post-Technical Conference Comments at 2; EEI Post-
Technical Conference Comments at 1-2; and California Utilities Post-
Technical Conference Comments at 7.
\69\ Order No. 2006, FERC Stats. & Regs. ] 31,180 at P 118.
---------------------------------------------------------------------------
48. The workshop will be facilitated by Commission staff and will
focus on the technical details of the NOPR proposals and other related
issues. Some of the specific items that Commission staff anticipates
addressing include:
a. Whether the characteristics proposed for Fast Track Process
eligibility should be modified to protect system safety and
reliability.
b. The specific content of the proposed supplemental review
screens. For example,
i. Whether twelve months of minimum load data is appropriate for
use in the Minimum Load Screen, or whether additional data, if
available, should be required to be considered.
ii. The reasons that minimum load data are not available to
Transmission Providers and what the Commission could do to encourage
data availability where appropriate.
c. The content of the pre-application report.
d. Whether the fees proposed in the NOPR ($300 for the pre-
application report and $2,500 for the supplemental review) are
appropriate.
e. Whether storage devices could fall within the definition of
Small Generating Facility included in Attachment 1 to the SGIP and
Attachment 1 to the SGIA as devices that produce electricity.
We will schedule the workshop so that comments on this Proposed
Rule may reflect any reactions to the workshop discussions.
49. Within April 2, 2013 the Commission will announce the workshop
in a separate notice. Comments related to the workshop will be due at
the same time as comments on this NOPR (see the Comment Procedures
section below).
VI. Compliance Filings
50. To comply with the requirements of this Proposed Rule, the
Commission proposes to require each public utility Transmission
Provider to submit a compliance filing within six months of the
effective date of the Final Rule in this proceeding revising its SGIP
and SGIA or other document(s) subject to the Commission's jurisdiction
as necessary to demonstrate that it meets
[[Page 7532]]
the requirements set forth in this Proposed Rule.\70\
---------------------------------------------------------------------------
\70\ See Appendix C and Appendix D for the proposed pro forma
SGIP and SGIA provisions consistent with this Proposed Rule.
---------------------------------------------------------------------------
51. In some cases, public utility Transmission Providers may have
provisions in their existing SGIPs and SGIAs that the Commission has
deemed to be consistent with or superior to the pro forma SGIP and
SGIA. Where these provisions are being modified by the Final Rule,
public utility Transmission Providers must either comply with the Final
Rule or demonstrate that these previously-approved variations continue
to be consistent with or superior to the pro forma SGIP and SGIA as
modified by the Final Rule.
52. The Commission will assess whether each compliance filing
satisfies the proposed requirements and principles stated above and
issue additional orders as necessary to ensure that each public utility
Transmission Provider meets the requirements of this Proposed Rule.
53. The Commission proposes that Transmission Providers that are
not public utilities will have to adopt the requirements of this
Proposed Rule as a condition of maintaining the status of their safe
harbor tariff or otherwise satisfying the reciprocity requirement of
Order No. 888.\71\
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\71\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission on Services by Public Utilities;
Recovery of Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, FERC Stats. & Regs. ] 31,036, at 31,760-
763 (1996).
---------------------------------------------------------------------------
VII. Procedural Matters
54. On October 8, 2012, the California PUC submitted a motion to
lodge California PUC Decision (D.) 12-09-018, the revised Rule 21, and
the Assigned Commissioner's Amended Scoping memo and Ruling Requesting
Comments (Amended Scoping Memo).\72\ In its motion, the California PUC
states that its recently approved Rule 21 reforms are central to the
issues raised in SEIA's Petition and should be lodged into the record
of this proceeding.\73\ No comments were filed in response to the
motion.
---------------------------------------------------------------------------
\72\ California PUC Motion to Lodge at 1.
\73\ Id. at 1-3.
---------------------------------------------------------------------------
55. We will grant the California PUC's motion to lodge California
PUC Decision (D.) 12-09-018, revised Rule 21, and the Amended Scoping
Memo into the record of this proceeding because the documents have
provided information that assisted us in our decision-making process.
VIII. Information Collection Statement
56. The following collections of information contained in this
Proposed Rule are subject to review by the Office of Management and
Budget (OMB) under section 3507(d) of the Paperwork Reduction Act of
1995.\74\ OMB's regulations require approval of certain information
collection requirements imposed by agency rules.\75\ Upon approval of a
collection of information, OMB will assign an OMB control number and
expiration date. Respondents subject to the filing requirements of this
rule will not be penalized for failing to respond to these collections
of information unless the collections of information display a valid
OMB control number. The Commission solicits comments on the
Commission's need for this information, whether the information will
have practical utility, the accuracy of the burden estimates, ways to
enhance the quality, utility, and clarity of the information to be
collected or retained, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques.
---------------------------------------------------------------------------
\74\ 44 U.S.C. 3507(d) (2006).
\75\ 5 CFR 1320.11 (2012).
\76\ The number of responses represents the average number of
responses per respondent.
\77\ We assume each request for a pre-application report
corresponds with one Interconnection Customer.
---------------------------------------------------------------------------
57. Additionally, the Commission encourages comments regarding the
time burden expected to be required to comply with the proposed rule.
Burden Estimate: The additional estimated public reporting burdens
for the proposed reporting requirements in this rule are as follows:
----------------------------------------------------------------------------------------------------------------
Number of Hours per Total annual
Data collection Number of respondents responses \76\ response hours
FERC 516A [1]....................... [2] [3] [1 x 2 x 3]
----------------------------------------------------------------------------------------------------------------
Conforming SGIP and SGIA changes to 142 Transmission Providers 1 6 852
incorporate proposed revisions.
First year only.
(18 CFR 35.28(f) (2012))............
Pre-Application Report (18 CFR 800 Interconnection 1 0.5 400
35.28(f) (2012)). Customers \77\.
142 Transmission Providers 5.63 2 1600
Supplemental Review (18 CFR 35.28(f) 500 Interconnection 1 0.5 250
(2012)). Customers.
142 Transmission Providers 3.52 20 10,000
Review of Required Upgrades (18 CFR 250 Interconnection 1 1 250
35.28(f) (2012)). Customers.
142 Transmission Providers 1.76 2 500
---------------------------------------------------------------------------
Totals:
First Year...................... .......................... .............. .............. 13,852
Year Two and Ongoing............ .......................... .............. .............. 13,000
----------------------------------------------------------------------------------------------------------------
The Commission seeks comment on the change in the existing burden
that would result from the following three proposed revisions that are
not included in the table above. First, the Commission believes that
the proposed revision of the 2 MW threshold for participation in the
Fast Track Process will result in a net decrease in the public
reporting burden because some Small Generating Facilities will be
evaluated under the Fast Track Process rather than the Study Process.
The Commission estimates that 100 Interconnection Customers annually
may be able to participate in the Fast Track Process rather than the
Study Process under the proposed rule. Second, the Commission proposes
to revise section 2.3.2 so that the Transmission Provider is no longer
required to provide a good faith estimate of the cost of performing the
supplemental review to the Interconnection Customer. The Commission
believes that this may result in a reduction in burden for the
[[Page 7533]]
Transmission Provider. Third, the Commission proposes to revise section
1.1.1 of the pro forma SGIP to require that if an Interconnection
Customer wishes to interconnect its Small Generating Facility using
Network Resource Interconnection Service, it must do so under the LGIP
and execute the Large Generator Interconnection Agreement. While this
addition to the pro forma SGIP should prevent Interconnection Customers
from following the SGIP where not appropriate, thereby reducing the
amount of work, the Commission is unsure if it will lead to any
substantive burden reduction.
Cost to Comply: The Commission has projected the cost of compliance
to be $817,268 in the initial year and $767,000 in subsequent years.
Total Annual Hours for Collection in initial year (13,852 hours) @
$59/hour \78\ = $817,268.
---------------------------------------------------------------------------
\78\ This figure is the average of the salary plus benefits for
an attorney, consultant (engineer), engineer, and administrative
staff. The wages are derived from the Bureau of Labor and Statistics
at https://bls.gov/oes/current/naics3_221000.htm and the benefits
figure from https://www.bls.gov/news.release/ecec.nr0.htm.
---------------------------------------------------------------------------
Total Annual Hours for Collection in subsequent years (13,000
hours) @ $59/hour = $767,000.
Title: FERC-516A, Standardization of Small Generator
Interconnection Agreements and Procedures.
Action: Revision of Currently Approved Collection of Information.
OMB Control No. 1902-0203.
Respondents for this Rulemaking: Businesses or other for profit
and/or not-for-profit institutions.
Frequency of Information: As indicated in the table.
Necessity of Information: The Commission is proposing changes to
the pro forma SGIP and SGIA in order to more efficiently and cost-
effectively interconnect generators no larger than 20 MW (small
generators) to Commission-jurisdictional transmission systems. The
purpose of this Proposed Rule is to revise the pro forma SGIP and SGIA
so small generators can be reliably and efficiently integrated into the
electric grid and to ensure that Commission-jurisdictional services are
provided at rates, terms and conditions that are just and reasonable
and not unduly discriminatory. This Proposed Rule seeks to achieve this
goal by amending the pro forma SGIP and SGIA to: (1) Incorporate
provisions that would provide an Interconnection Customer with the
option of requesting from the Transmission Provider a pre-application
report providing existing information about system conditions at a
possible Point of Interconnection; (2) revise the 2 MW threshold for
participation in the Fast Track Process included in section 2 of the
pro forma SGIP; (3) revise the customer options meeting and the
supplemental review following failure of the Fast Track screens so that
the supplemental review is performed at the discretion of the
Interconnection Customer and includes minimum load and other screens to
determine if a Small Generating Facility may be interconnected safely
and reliably; and (4) revise the pro forma SGIP Facilities Study
Agreement to allow the Interconnection Customer the opportunity to
provide written comments to the Transmission Provider on the upgrades
required for interconnection. The Commission also proposes to clarify
or correct certain sections of the pro forma SGIP and SGIA.
Internal Review: The Commission has reviewed the proposed changes
and has determined that the changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy industry. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements.
58. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director], email:
DataClearance@ferc.gov, Phone: (202) 502-8663, fax: (202) 273-0873.
59. Comments on the collections of information and the associated
burden estimates in the proposed rule should be sent to the Commission
in this docket and may also be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503 [Attention: Desk Officer for the Federal
Energy Regulatory Commission], at the following email address: oira_submission@omb.eop.gov. Please reference OMB Control No. 1902-0203 and
the docket number of this proposed rulemaking in your submission.
IX. Environmental Analysis
60. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\79\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\80\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities.\81\ Therefore, an environmental assessment is unnecessary
and has not been prepared as part of this NOPR.
---------------------------------------------------------------------------
\79\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
\80\ 18 CFR 380.4 (2012).
\81\ See 18 CFR 380.4(a)(2)(ii) (2012).
---------------------------------------------------------------------------
X. Regulatory Flexibility Act
61. The Regulatory Flexibility Act of 1980 (RFA) \82\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's Office of Size Standards
develops the numerical definition of a small business.\83\ The Small
Business Administration has established a size standard for electric
utilities, stating that a firm is small if, including its affiliates,
it is primarily engaged in the transmission, generation and/or
distribution of electric energy for sale and its total electric output
for the preceding twelve months did not exceed four million megawatt
hours (MWh).\84\ The Commission estimates that the total number of
Transmission Providers that, absent waiver, would have to modify their
current SGIPs and SGIAs is 142. Of these, an estimated 11 Transmission
Providers dispose of 4 million MWh or less per year. The Commission
estimates that the average total cost for each of these entities is
$5,381.\85\ The Commission does not consider this to be a significant
economic impact. The estimated total number of Interconnection
Customers that may be subject to the requirements of this proposed rule
is 800.\86\ Of these, all are
[[Page 7534]]
considered small. The Commission estimates that the total annual cost
for each entity is $1,984.\87\ The Commission does not consider this to
be a significant economic impact. Further, the Commission expects that
Interconnection Customers that are able to participate in the Fast
Track Process rather than the Study Process will benefit from the
proposed revisions to the pro forma SGIP.
---------------------------------------------------------------------------
\82\ 5 U.S.C. 601-612 (2006).
\83\ 13 CFR 121.101 (2012).
\84\ 13 CFR 121.201, Sector 22, Utilities & n.1.
\85\ This number is derived by multiplying the hourly figure for
Transmission Providers in the Burden Estimate table (12,952) by the
cost per hour ($59) divided by the number of Transmission Providers.
12,952 hrs * $59/hr/142 = $5,381.
\86\ We assume that 800 Commission-jurisdictional
interconnection requests will be made annually. For the purposes of
this proposed rule, each of these requests is assumed to be made by
a separate Interconnection Customer.
\87\ This number is derived by multiplying the hourly figure for
Interconnection Customers in the Burden Estimate table (900) plus an
additional 750 hours associated with reviewing the draft facilities
study report by the cost per hour ($59); plus the $300 fee per pre-
application report multiplied by 800 Interconnection Customers; plus
the $2,500 fee per supplemental review multiplied by 500
Interconnection Customers; all divided by the total number of
Interconnection Customers (800). ((1,650 hrs * $59/hr) + ($300 *
800) + ($2,500 * 500))/800 = $1,984.
---------------------------------------------------------------------------
62. Based on the above, the Commission certifies that the new or
revised requirements set forth in the proposed rule will not have a
significant economic impact on a substantial number of small entities.
Accordingly, no regulatory flexibility analysis is required.
XI. Comment Procedures
63. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due June 3, 2013. Comments must refer to
Docket No. RM13-2-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
64. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's web site at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
65. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
66. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
XII. Document Availability
67. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
68. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
69. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities, and Reporting and
recordkeeping requirements.
By direction of the Commission. Chairman Wellinghoff is not
participating. Commissioner Clark is recused.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to
revise Part 35, Chapter I, Title 18 of the Code of Federal Regulations
as follows.
PART 35--FILING OF RATE SCHEDULES
0
1. The authority citation for Part 35 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
2. Revise Sec. 35.28(f) to read as follows:
Sec. 35.28 Non-discriminatory open access transmission tariff.
* * * * *
(f) * * *
(1) Every public utility that is required to have on file a non-
discriminatory open access transmission tariff under this section must
amend such tariff by adding the standard interconnection procedures and
agreement contained in Order No. 2003, FERC Stats. & Regs. ] 31,146
(Final Rule on Generator Interconnection), as amended by the Commission
in Order No. 661, FERC Stats. & Regs. ] 31,186 (Final Rule on
Interconnection for Wind Energy), and the standard small generator
interconnection procedures and agreement contained in Order No. 2006,
FERC Stats. & Regs. ] 31,180 (Final Rule on Small Generator
Interconnection), as amended by the Commission in Order No. ----, FERC
Stats. & Regs. ] ---- (Final Rule on Small Generator Interconnection
Agreements and Procedures), or such other interconnection procedures
and agreements as may be approved by the Commission consistent with
Order No. 2003, FERC Stats. & Regs. ] 31,146 (Final Rule on Generator
Interconnection), Order No. 2006, FERC Stats. & Regs. ] 31,180 (Final
Rule on Small Generator Interconnection), and Order No. ----, FERC
Stats. & Regs. ] ---- (Final Rule on Small Generator Interconnection
Agreements and Procedures).
(i) The amendment to implement the Final Rule on Generator
Interconnection required by the preceding subsection must be filed no
later than January 20, 2004.
(ii) The amendment to implement the Final Rule on Small Generator
Interconnection required by the preceding subsection must be filed no
later than August 12, 2005.
(iii) The amendment to implement the Final Rule on Interconnection
for Wind Energy required by the preceding subsection must be filed no
later than December 30, 2005.
(iv) The amendment to implement the Final Rule on Small Generator
Interconnection Procedures required by the preceding subsection must be
filed no later than April 2, 2013.
(v) Any public utility that seeks a deviation from the standard
interconnection procedures and agreement contained in Order No. 2003,
FERC Stats. & Regs. ] 31,146 (Final Rule on Generator Interconnection),
as amended by the Commission in Order No. 661, FERC Stats. & Regs. ]
31,186 (Final Rule on Interconnection for Wind Energy), or the standard
small generator interconnection procedures and agreement contained in
Order No. 2006, FERC Stats. & Regs. ] 31,180 (Final Rule on Small
Generator Interconnection), as amended by the Commission in Order No.
----, FERC Stats. & Regs. ] ---- (Final Rule on Small Generator
Interconnection Agreements and Procedures), must demonstrate that the
[[Page 7535]]
deviation is consistent with the principles of either Order No. 2003,
FERC Stats. & Regs. ] 31,146 (Final Rule on Generator Interconnection)
or Order No. 2006, FERC Stats. & Regs. ] 31,180 (Final Rule on Small
Generator Interconnection).
* * * * *
Note: Appendix A will not be published in the Code of Federal
Regulations.
Appendix A: List of Short Names of Commenters on the SEIA Petition
(Docket No. RM12-10-000) and the Technical Conference (Docket No. AD12-
17-000)
----------------------------------------------------------------------------------------------------------------
Short name or acronym Commenter
----------------------------------------------------------------------------------------------------------------
AEP..................................................... American Electric Power Service Corporation.
Amonix.................................................. Amonix.
Borrego................................................. Borrego Solar Systems.
California ISO.......................................... California Independent System Operator Corporation.
California PUC.......................................... California Public Utilities Commission.
California Utilities.................................... Pacific Gas and Electric Company, San Diego Gas &
Electric Company, and Southern California Edison
Company.
Clean Coalition......................................... Clean Coalition.
Detroit Edison.......................................... Detroit Edison Company.
Duke.................................................... Duke Energy Corporation.
EEI..................................................... Edison Electric Institute.
Environmental Defense Fund.............................. Environmental Defense Fund.
enXco................................................... enXco Development Corporation.
IREC.................................................... Interstate Renewable Energy Council.
NARUC................................................... National Association of Regulatory Utility
Commissioners.
NRECA and APPA.......................................... National Rural Electric Cooperative Association and
American Public Power Association.
NV Energy............................................... Nevada Power Company and Sierra Pacific Power Company.
NJBPU................................................... New Jersey Board of Public Utilities.
NRG..................................................... NRG Companies.
Pacific Gas and Electric................................ Pacific Gas and Electric Company.
Pepco................................................... Pepco Holdings Inc., Atlantic City Electric Company,
Delmarva Power & Light Company, and Potomac Electric
Power Company.
PJM..................................................... PJM Interconnection, LLC.
Public Interest Organizations........................... Center for Rural Affairs, Climate + Energy Project,
Conservation Law Foundation, Energy Future Coalition,
Environmental Law & Policy Center, Fresh Energy,
National Audubon Society, Natural Resources Defense
Council, Northwest Energy Coalition, Pace Energy and
Climate Center, Southern Environmental Law Center,
Sustainable FERC Project, Sierra Club, Union of
Concerned Scientists, and the Wilderness Society.
Recurrent Energy........................................ Recurrent Energy.
San Diego Gas & Electric................................ San Diego Gas & Electric Company.
SEIA.................................................... Solar Energy Industries Association.
SolarCity............................................... SolarCity Corporation.
SoCal Edison............................................ Southern California Edison Company.
SunEdison............................................... SunEdison LLC.
SunPower................................................ SunPower Corporation.
Suntech................................................. Suntech America.
USCHPA.................................................. United States Clean Heat & Power Association.
----------------------------------------------------------------------------------------------------------------
[[Page 7536]]
Note: Appendix B will not be published in the Code of Federal
Regulations.
Appendix B
[GRAPHIC] [TIFF OMITTED] TP01FE13.002
[[Page 7537]]
Note: Appendix C will not be published in the Code of Federal
Regulations.
Appendix C to the Proposed Small Generator Interconnection Rule
[GRAPHIC] [TIFF OMITTED] TP01FE13.003
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- ii -
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[[Page 7563]]
Attachment 1
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[[Page 7565]]
[GRAPHIC] [TIFF OMITTED] TP01FE13.031
[[Page 7566]]
Attachment 2
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[[Page 7568]]
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[[Page 7569]]
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[[Page 7570]]
[GRAPHIC] [TIFF OMITTED] TP01FE13.036
[[Page 7571]]
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[[Page 7572]]
[GRAPHIC] [TIFF OMITTED] TP01FE13.038
[[Page 7573]]
Attachment 3
Certification Codes and Standards
IEEE1547 Standard for Interconnecting Distributed Resources with
Electric Power Systems (including use of IEEE 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 (2002), 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
Attachment 4
Certification of Small Generator Equipment Packages
1.0 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
(1) 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 Attachment 3, (2) it has been labeled and
is publicly listed by such NRTL at the time of the interconnection
application, and (3) 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 Web site and by encouraging such information to be
included in the manufacturer's literature accompanying the
equipment.
2.0 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.
3.0 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.
4.0 If the certified equipment package includes only interface
components (switchgear, inverters, or other interface devices), then
an Interconnection Customer 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.
5.0 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 shall be required to meet the
requirements of this interconnection procedure.
6.0 An equipment package does not include equipment provided by
the utility.
7.0 Any equipment package approved and listed in a state by that
state's regulatory body for interconnected operation in that state
prior to the effective date of these small generator interconnection
procedures shall be considered certified under these procedures for
use in that state.
ATTACHMENT 5
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Attachment 6
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[[Page 7590]]
Attachment A to Feasibility Study Agreement
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Attachment A to System Impact Study Agreement
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Attachment 8
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Attachment A to Facilities Study Agreement
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Note: Appendix D will not be published in the Code of Federal
Appendix D to the Proposed Small Generator Interconnection Rule
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Attachment 1
Glossary of Terms
Affected System--An electric system other than the Transmission
Provider's Transmission System that may be affected by the proposed
interconnection.
Applicable Laws and Regulations--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.
Business Day--Monday through Friday, excluding Federal Holidays.
Default--The failure of a breaching Party to cure its breach
under the Small Generator Interconnection Agreement.
Distribution System--The Transmission Provider's facilities and
equipment used to transmit electricity to ultimate usage points such
as homes and industries directly from nearby generators or from
interchanges with higher voltage transmission networks which
transport bulk power over longer distances. The voltage levels at
which Distribution Systems operate differ among areas.
Distribution Upgrades--The additions, modifications, and
upgrades to the Transmission Provider's Distribution System at or
beyond the Point of Interconnection to facilitate 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. Distribution Upgrades do not
include Interconnection Facilities.
Good Utility Practice--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--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, however, that such term does not include the
Interconnection Customer, the Interconnection Provider, or any
Affiliate thereof.
Interconnection Customer--Any entity, including the Transmission
Provider, the Transmission Owner or any of the affiliates or
subsidiaries of either, that proposes to interconnect its Small
Generating Facility with the Transmission Provider's Transmission
System.
Interconnection Facilities--The Transmission Provider'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
Transmission Provider's Transmission System. Interconnection
Facilities are sole use facilities and shall not include
Distribution Upgrades or Network Upgrades.
Interconnection Request--The Interconnection Customer's request,
in accordance with the Tariff, 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
Transmission Provider's Transmission System.
Material Modification--A modification that has a material impact
on the cost or timing of any Interconnection Request with a later
queue priority date.
Network Upgrades--Additions, modifications, and upgrades to the
Transmission Provider's Transmission System required at or beyond
the point at which the Small Generating Facility interconnects with
the Transmission Provider's Transmission System to accommodate the
interconnection of the Small Generating Facility with the
Transmission Provider's Transmission System. Network Upgrades do not
include Distribution Upgrades.
Operating Requirements--Any operating and technical requirements
that may be applicable due to Regional Transmission Organization,
Independent System Operator, control area, or the Transmission
Provider's requirements, including those set forth in the Small
Generator Interconnection Agreement.
Party or Parties--The Transmission Provider, Transmission Owner,
Interconnection Customer or any combination of the above.
Point of Interconnection--The point where the Interconnection
Facilities connect with the Transmission Provider's Transmission
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 Utility Practice and are otherwise substantially
equivalent to those a Party would use to protect its own interests.
Small Generating Facility--The Interconnection Customer's device
for the production of electricity identified in the Interconnection
Request, but shall not include the Interconnection Customer's
Interconnection Facilities.
Tariff--The Transmission Provider or Affected System's Tariff
through which open access transmission service and Interconnection
Service are offered, as filed with the FERC, and as amended or
supplemented from time to time, or any successor tariff.
Transmission Owner--The entity that owns, leases or otherwise
possesses an interest in the portion of the Transmission System at
the Point of Interconnection and may be a Party to the Small
Generator Interconnection Agreement to the extent necessary.
Transmission Provider--The public utility (or its designated
agent) that owns, controls, or operates transmission or distribution
facilities used for the transmission of electricity in interstate
commerce and provides transmission service under the Tariff. The
term Transmission Provider should be read to include the
Transmission Owner when the Transmission Owner is separate from the
Transmission Provider.
Transmission System--The facilities owned, controlled or
operated by the Transmission Provider or the Transmission Owner that
are used to provide transmission service under the Tariff.
Upgrades--The required additions and modifications to the
Transmission Provider's Transmission System at or beyond the Point
of Interconnection. Upgrades may be Network Upgrades or Distribution
Upgrades. Upgrades do not include Interconnection Facilities.
Attachment 2
Description and Costs of the Small Generating Facility, Interconnection
Facilities, and Metering Equipment
Equipment, including the Small Generating Facility,
Interconnection Facilities, and metering equipment shall be itemized
and identified as being owned by the Interconnection Customer, the
Transmission Provider, or the Transmission Owner. The Transmission
Provider 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.
Attachment 3
One-line Diagram Depicting the Small Generating Facility,
Interconnection Facilities, Metering Equipment, and Upgrades
Attachment 4
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Attachment 5
Additional Operating Requirements for the Transmission Provider's
Transmission System and Affected Systems Needed to Support the
Interconnection Customer's Needs
The Transmission Provider shall also provide requirements that
must be met by the Interconnection Customer prior to initiating
parallel operation with the Transmission Provider's Transmission
System.
Attachment 6
Transmission Provider's Description of its Upgrades and Best Estimate
of Upgrade Costs
The Transmission Provider shall describe Upgrades and provide an
itemized best estimate of the cost, including overheads, of the
Upgrades and annual operation and
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maintenance expenses associated with such Upgrades. The Transmission
Provider shall functionalize Upgrade costs and annual expenses as
either transmission or distribution related.
[FR Doc. 2013-01366 Filed 1-31-13; 8:45 am]
BILLING CODE 6717-01-P
