Current through Register Vol. 49, No. 9, September, 2024
SECTION 1.
GENERAL PROVISIONS
Rule 1.01
Definitions
The following definitions shall apply throughout the Net-Metering
Rules (NMRs), and any references to the NMRs shall include these definitions,
except as required by context or by Ark. Code Ann. §
23-18-604(c)(11)(A)
as interpretated by the Commission in Docket No. 23-021-R:
(a)
Additional Meter
A meter associated with the Net-Metering Customer's account to
which the Net-Metering Customer may request an Electric Utility apply credit
with Net Excess Generation or Net-Metering Surplus from the Net-Metering
Customer's Generation Meter. Additional Meter(s):
1) shall be under common ownership within a
single Electric Utility's service area;
2) shall be used to measure the Net-Metering
Customer's requirements for electricity;
3) may be in a different class of service
than the Generation Meter;
4) shall
be assigned to one, and only one, Generation Meter;
5) shall not be a Generation Meter;
and
6) shall not be associated with
unmetered service.
(b)
Annual Billing Cycle
The normal annual fiscal accounting period used by the Electric
Utility.
(c)
Avoided
Cost
As defined in Ark. Code Ann. §
23-18-603(1).
(d)
Billing Period
The billing period for net-metering will be the same as the
billing period under the Net-Metering Customer's applicable standard rate
schedule.
(e)
Biomass
Resource
A resource that may use one or more organic fuel sources that can
either be processed into synthetic fuels or burned directly to produce steam or
electricity, provided that the resources are renewable, environmentally
sustainable in their production and use, and the process of conversion to
electricity results in a net environmental benefit. This includes, but is not
limited to, dedicated energy crops and trees, agricultural food and feed crops,
agricultural crop wastes and residues, wood wastes and residues, aquatic
plants, animal wastes, and other accepted organic, renewable waste
materials.
(f)
Commission
The Arkansas Public Service Commission.
(g)
Distribution Cooperative
A member-owned Electric Utility organized pursuant to the
Electric Cooperative Corporation Act, Ark. Code Ann. §§
23-18-301
et
seq., that purchases the wholesale electricity it distributes to its
members from Arkansas Electric Cooperative Corporation.
(h)
Electric Utility
As defined in Ark. Code Ann, §
23-18-603(3).
Pursuant to Ark. Code Ann. §
23-18-604(e), a
person who acts as a lessor or service provider as described in Ark. Code Ann.
§
23-18-603(8)(A)(ii) or
(iii) shall not be considered an Electric
Utility.
(i)
Energy
Storage Device
A device that captures energy produced at one time, stores that
energy for a period of time, and delivers that energy as electricity for use at
a future time.
(j)
Facilities Agreement
An agreement that provides the Net-Metering Customer a good faith
estimate, based on the results of a Facilities Study, for the Net-Metering
Customer's appropriate portion of the make-ready costs and associated expenses
required to enable the Net-Metering Customer's use of the Electric Utility's
facilities and to cover the direct costs of interconnection and any grid
upgrades required to connect the Net-Metering Facility pursuant to Ark. Code
Ann. §
23-18-604(c)(9)(B)(i) and
(ii), including applicable costs of
constructing the Electric Utility facilities necessary to interconnect a
Net-Metering Facility as referred to in Ark. Code Ann. §
23-18-604(c)(11)(A)(ii).
(k)
Facilities Study
A comprehensive engineering study conducted by an Electric
Utility, detailing the electric system infrastructure and the impacts to the
transmission and/or distribution systems that would result if a proposed
interconnection request were connected without project modifications or
electric system modifications. The purpose of a Facilities Study is to
determine the required modifications to the Electric Utility's transmission
and/or distribution system to mitigate any potential adverse system impacts,
including the appropriate portion of the estimated make-ready costs and the
approximate time required to build and install such modifications as necessary
to accommodate an interconnection request.
(l)
Fuel Cell Resource
A resource that converts the chemical energy of a fuel directly
to direct current electricity without intermediate combustion or thermal
cycles.
(m)
Generation
Meter
The meter associated with the Net-Metering Customer's account to
which the Net-Metering Facility is physically attached.
(n)
Geothermal Resource
A resource in which the prime mover is a steam turbine. The steam
is generated in the earth by heat from the earth's magma.
(o)
Hydroelectric Resource
A resource in which the prime mover is a water wheel. The water
wheel is driven by falling water.
(p)
Locational Marginal Price
Locational Marginal Price is a market-based pricing mechanism
used in electricity markets to determine the cost of electricity at a specific
location on the power grid. It reflects the cost of supplying electricity at a
particular point, taking into account the cost of generation, transmission
losses, and congestion on the power grid.
(q)
Micro Turbine Resource
A resource that uses a small combustion turbine to produce
electricity.
(r)
Monthly Grid Charge
As defined in Ark. Code Ann, §
23-18-603(4).
(s)
Net Excess
Generation
As defined in Ark. Code Ann, §
23-18-603(6).
(t)
Net Metering
As defined in Ark. Code Ann, §
23-18-603(7).
(u)
Net-Metering
Customer
As defined in Ark. Code Ann, §
23-18-603(8).
(1)
Legacy Net-Metering
Customer
A customer who submitted a Standard Interconnection Agreement for
a particular Net-Metering Facility prior to March 13, 2023.
(2)
Legacy-Transitional
Net-Metering Customer
A customer who submitted a Standard Interconnection Agreement for
a particular Net-Metering Facility on or after March 13, 2023, but whose
Net-Metering Facility qualifies to remain under the rate structure, terms, and
conditions in effect before December 31, 2022, until June 1, 2040, pursuant to
Ark. Code Ann. §
23-18-604(c)(11)(A).
(3)
Non-Legacy Net-Metering
Customer
A Net-Metering Customer whose Net-Metering Facility does not
qualify to remain under the rate structure, terms, and conditions in effect
before December 31, 2022, until June 1, 2040, pursuant to Ark. Code Ann. §
23-18-604(c)(11)(A).
(v)
Net-Metering Facility
As defined in Ark. Code Ann, §
23-18-603(9).
(w)
Net-Metering
Surplus
As defined in Ark. Code Ann, §
23-18-603(10).
(x)
Parallel
Operation(1) Parallel Operation with
an Electric Utility's distribution facilities: The operation of a Net-Metering
Facility in compliance with applicable safety standards and power generation
limits under the Net-Metering Rules while the Net-Metering Facility is
connected to the Electric Utility's distribution system.
(2) Parallel Operation with an Electric
Utility's transmission facilities: The operation of a Net-Metering Facility in
compliance with applicable safety standards and power generation limits under
the Net-Metering Rules if an Electric Utility owns transmission facilities that
will be impacted by a Net-Metering Facility.
(y)
Renewable Energy Credit
As defined in Ark. Code Ann, §
23-18-603(11).
(z)
Residential Use
Service provided under an Electric Utility's standard rate
schedules applicable to residential service.
(aa)
Solar Resource
A resource in which electricity is generated through the
collection, transfer and/or storage of the sun's heat or light.
(bb)
Wind Resource
A resource in which an electric generator is powered by a
wind-driven turbine.
Rule
1.02
Purpose
The purpose of these Net-Metering Rules is to establish rules for
net energy metering and interconnection.
Rule 1.03
Statutory
Provisions
A. These Rules
are developed pursuant to the Cost Shifting Prevention Act of 2023 (Ark. Code
Ann. §§
23-18-601
et seq.
as amended).
B. These Rules are
promulgated pursuant to the Commission's authority under Ark. Code Ann.
§§
23-2-301,
23-2-304(a)(3),
23-2-305, and
23-18-604(b)(1).
C. Nothing in these Rules shall govern,
limit, or restrict the Commission's authority under Ark. Code Ann. §
23-18-604.
Rule 1.04
Other
Provisions
A. These Rules
apply to all Electric Utilities, as defined in these Rules, that are
jurisdictional to the Commission.
B. The Net-Metering Rules are not intended
to, and do not affect or replace any Commission approved general service
regulation, policy, procedure, rule, or service application of any utility
which addresses items other than those covered in these Rules.
C. Net-Metering Customers taking service
under the provisions of the Net-Metering tariff may not simultaneously take
service under the provisions of any other alternative source generation,
cogeneration, or interruptible service tariffs except as provided in Ark. Code
Ann. §
23-18-603(8)(B)(i) and
(ii) and Ark. Code Ann. §
23-18-604(c)(11)(A).
D. When calculating a Net-Metering Customer's
"highest monthly usage" pursuant to Ark. Code Ann. §
23-18-603(9), an
Electric Utility shall base its calculation upon the Net-Metering Customer's
energy usage in kWh and shall establish the corresponding Net-Metering Facility
size limitation as the Facility's estimated average output that would meet the
Customer's usage in that same month of the year. The lesser of the limit based
upon highest monthly usage or the statutory nameplate generating capacity will
then apply.
E. Electric Utilities
shall not require Legacy Net-Metering Customers who submitted a Standard
Interconnection Agreement for a particular Net-Metering Facility prior to March
13, 2023, to reduce the generating capacity of the individual Net-Metering
Facility to meet the new generating capacity limits in Ark. Code Ann. §
23-18-603(9) that
became effective on March 13, 2023.
F. Electric Utilities shall not require
Legacy Net-Metering Customers who submitted a Standard Interconnection
Agreement for a particular Net-Metering Facility prior to March 13, 2023, to
relocate any of their Net-Metering Facilities to meet the new limitations in
Ark. Code Ann. §
23-18-603(9) on
co-locating that became effective on March 13,
2023.
SECTION
2.
NET-METERING REQUIREMENTS
Rule
2.01
Electric Utility
RequirementsA. An
Electric Utility shall allow Net-Metering Facilities of Legacy Net-Metering
Customers and Legacy-Transitional Net-Metering Customers to be interconnected
using a standard meter capable of registering the flow of electricity in two
(2) directions. An Electric Utility shall not require Legacy Net-Metering
Customers or Legacy-Transitional Net-Metering Customers to purchase or install
a two-channel digital meter as a condition of continued net-metering service
until June 1, 2040.
B. An Electric
Utility shall allow Net-Metering Facilities of Non-Legacy Net-Metering
Customers to be interconnected using, at a minimum, a single standard
two-channel digital meter capable of registering the flow of electricity in two
(2) directions that separately measures the electric energy in kWh that is:
1. Supplied by an Electric Utility to the
Net-Metering Customer; and
2.
Generated by the Net-Metering Customer's Net-Metering Facility and fed back to
an Electric Utility.
Rule
2.02
Metering Requirements
A. Metering equipment shall be installed to
both accurately measure the electricity supplied by the Electric Utility to
each Net-Metering Customer and also to accurately measure the electricity
generated by each Net-Metering Customer that is fed back to the Electric
Utility over the applicable Billing Period. If nonstandard metering equipment
is required, the customer is responsible for the cost differential between the
required metering equipment and the utility's standard two-channel digital
metering equipment for the customer's current rate schedule, as applicable
pursuant to Rule 2.01.
B. Accuracy
requirements for a meter operating in both forward and reverse registration
modes shall be as defined in the Commission's Special Rules - Electric. A test
to determine compliance with this accuracy requirement shall be made by the
Electric Utility either before or at the time the Net-Metering Facility is
placed in operation in accordance with these Rules.
Rule 2.03
Cost Recovery and
New or Additional Charges
A. Any new or additional charge which would
increase a Net-Metering Customer's costs beyond those of other customers in the
rate class shall be filed by the Electric Utility with the Commission for
approval in its Net-Metering tariffs, including (but not limited to) the
following:
1. a charge to recover any cost of
the standard two-channel digital meter that is not otherwise included in the
rates paid by the Net-Metering Customer; and
2. a standard one-time fee to recover
administrative and related interconnection review costs.
B. An Electric Utility may recover any
Net-Metering Surplus or the dollar value of any Net-Excess Generation applied
to the bills of Net-Metering Customers in the same manner that the Electric
Utility recovers the cost of fuel and purchased energy.
C. Each Electric Utility shall follow its
Net-Metering tariff or other applicable rate schedules as approved by the
Commission to ensure that each Net-Metering Customer pays either the entire
costs of an Electric Utility's facilities and associated expenses or the
appropriate portion of the costs and associated expenses required to:
1. Provide service to the Net-Metering
Customer; and
2. Enable the
Net-Metering Customer's use of the Electric Utility facilities.
Rule 2.04
Billing for Net Metering
A. Each Electric Utility shall elect in its
standard Net-Metering tariff one of the rate structures outlined under Ark.
Code. Ann. §
23-18-606.
B. Each Electric Utility shall bill
Net-Metering Customers under either of two different Net-Metering tariffs as
outlined in the Appendix B standard Net-Metering tariffs:
1. For a Net-Metering Facility of a
Net-Metering Customers which qualifies to remain under the rate structure,
terms, and conditions in effect before December 31, 2022, until June 1, 2040,
pursuant to Ark. Code Ann. §
23-18-604(c)(11)(A),
Electric Utilities shall credit a Net-Metering Customer with the amount of any
accumulated Net Excess Generation in the next applicable billing period and
base the bill of the Net-Metering Customer on the net amount of electricity as
measured in kilowatt hours that the Net-Metering Customer has received from or
fed back to the Electric Utility during the billing period.
2. For a Net-Metering Facility of a
Net-Metering Customer which does not qualify to remain under the rate
structure, terms, and conditions in effect before December 31, 2022, until June
1, 2040, pursuant to Ark. Code Ann. §
23-18-604(c)(11)(A),
Electric Utilities shall bill a Net-Metering Customer under the alternative
rate structure elected by the Electric Utility pursuant to Ark. Code. Ann.
§
23-18-606.
C. If the Net-Metering Customer has any
accumulated Net-Metering Surplus or Net-Excess Generation during the applicable
Billing Period:
1. The Net-Metering Surplus
or Net Excess Generation shall first be credited to the Net-Metering Customer's
Generation Meter.
2. After
application of subsection C.1. and upon request of the Net-Metering Customer
pursuant to subsection D., any remaining Net-Metering Surplus or Net Excess
Generation shall be credited to one or more of the Net-Metering Customer's
Additional Meters in the rank order provided by the Net-Metering
Customer.
3. The Net-Metering
Surplus or Net Excess Generation shall be credited as described in subsections
C.1. and C.2. during subsequent Billing Periods. The amount of Net Excess
Generation credits remaining in a Net-Metering Customer's account at the close
of a Billing Period shall not expire and shall be carried forward to subsequent
Billing Periods indefinitely.
a. For Net
Excess Generation credits older than 24 months, a Legacy or Legacy-Transitional
Net- Metering Customer may elect to have the Electric Utility purchase the Net
Excess Generation Credits in the Legacy or Legacy-Transitional Net-Metering
Customer's account at the Electric Utility's Avoided Cost if the sum to be paid
to the Legacy or Legacy-Transitional Net-Metering Customer is at least
$100.
b. An Electric Utility shall
purchase at the Electric Utility's Avoided Cost, any Net Excess Generation or
Net-Metering Surplus credits remaining in a Net-Metering Customer's account
when the Net-Metering Customer:
i. ceases to
be a customer of the Electric Utility;
ii. ceases to operate the Net-Metering
Facility; or
iii. transfers the
Net-Metering Facility to another person.
D. Upon request from a
Net-Metering Customer, an Electric Utility must apply Net-Metering Surplus or
Net Excess Generation to the Net-Metering Customer's Additional Meters provided
that:
1. The Net-Metering Customer gives at
least 30 days' notice to the Electric Utility of its request to apply
Net-Metering Surplus or Net Excess Generation to the Additional
Meter(s).
2. The Additional
Meter(s) must be identified at the time of the request.
3. In the event that more than one of the
Net-Metering Customer's Additional Meters is identified, the Net-Metering
Customer must designate the rank order for the Additional Meters to which
Net-Metering Surplus or Net Excess Generation is to be applied. The
Net-Metering Customer cannot designate the rank order more than once during the
Annual Billing Cycle.
4. At the
time an Electric Utility processes a request for applying any remaining
Net-Metering Surplus or Net Excess Generation as a credit to one (1) or more of
a Net-Metering Customer's meters in the rank order provided by the Net-Metering
Customer pursuant to Ark. Code Ann. §
23-18-604(d), the
Electric Utility shall synchronize the billing cycles of each Additional Meter
with the Net-Metering Customer's Generation Meter.
5. Billing and crediting for the Net-Metering
Facilities and Additional Meters of Non-Legacy Net-Metering Customers shall
comply with the requirements of Ark. Code Ann. §
23-18-604(d)(2)(A).
E. Any Renewable Energy Credit may be
retained, retired, or sold for the sole benefit of the Net-Metering
Customer.
Rule 2.05
Meter Aggregation
A. Except as provided in subsections (B) and
(C) of this Rule 2.05, an Electric Utility shall separately meter, bill, and
credit each Net-Metering Facility even if one (1) or more Net-Metering
Facilities are under common ownership.
B. Pursuant to Ark. Code Ann. §
23-18-604(d), at
the Net-Metering Customer's discretion, an Electric Utility shall apply
net-metering credits for Net-Metering Customers who are billed under Ark. Code
Ann. §
23-18-606(a)(2)(A)
-(G) or the Net-Metering Surplus for all other customers from a Net-Metering
Customer's Net-Metering Facility to the bill for another meter location of the
Net-Metering Customer if the Net-Metering Facility and the separate meter
location are under common ownership of the same Net-Metering Customer within a
single Electric Utility's allocated service territory, subject to the
limitations and exceptions provided in Ark. Code Ann.
23-18-604(d)
except as required by Ark. Code Ann. §
23-18-604(c)(11)(A),
which does not impose those limitations on the Net-Metering Facilities of
customers that meet its requirements (i.e., Legacy and
Legacy-Transitional Net-Metering Customers).
C. A Net-Metering Customer seeking to
aggregate multiple accounts under common ownership shall submit a request to
the Electric Utility identifying the accounts that are under common ownership.
The request shall include the following documents:
1. Standard Application Form and Affidavit as
approved by the Commission.
2.
Sworn Affidavit: The Net-Metering Customer shall submit a sworn affidavit by a
person with personal knowledge affirming that the Net-Metering Customer is in
fact the legal owner or authorized representative responsible for paying the
bill for all accounts listed in the application form.
Rule 2.06
Legacy
Status for Net-Metering Facilities
A. A Net-Metering Facility of a Net-Metering
Customer shall remain under the rate structure terms, and conditions in effect
before December 31, 2022, until June 1, 2040, if the Net-Metering Customer has
qualified under Ark. Code Ann. §
23-18-604(c)(11)(A)
by having done one of the following:
1.
Submitted a Standard Interconnection Agreement to the Electric Utility before
September 30, 2024;
2. Submitted a
Facilities Agreement or equivalent document to establish an account with an
Electric Utility and paid all estimated make-ready costs of constructing the
Electric Utility facilities necessary to interconnect the Net-Metering Facility
before September 30, 2024; or
3.
Filed a complaint with the Commission addressing a disputed Facilities
Agreement or equivalent document to establish an account with an Electric
Utility after the presentation by the Electric Utility to the Net-Metering
Customer of the Facilities Agreement and the required costs of constructing the
facilities necessary to interconnect the Net-Metering Facility before September
30, 2024.
B. For the
purpose of a Net-Metering Facility qualifying for legacy-transitional status
under Rule 2.06(A)(2), a Net-Metering Customer will be deemed to have paid "all
costs of constructing Electric Utility Facilities necessary to interconnect the
Net-Metering Facility before September 30, 2024" if prior to September 30,
2024, the Net-Metering Customer has paid all estimated make-ready costs as
designated in the Facilities Agreement presented to the Net-Metering Customer
by an Electric Utility. If the Electric Utility adjusts the make-ready cost
estimate for the Facilities Agreement based on actual make-ready costs incurred
and requests the Net-Metering Customer to pay those additional costs subsequent
to the initial presentation of the Facilities Agreement, such subsequent cost
adjustment shall be paid by the Net-Metering Customer but shall not defeat the
Net-Metering Customer's qualification for legacy status under Rule
2.06(A).
C. A Net-Metering Facility
may be upgraded by adding a material increase in nameplate generating capacity
and retain legacy-transitional status so long as the Net-Metering Facility
still meets the statutory definition under Ark. Code Ann. §
23-18-603(9) and
meets the requirements of Ark. Code Ann. §
23-18-604(c)(11)(A).
If a Net-Metering Facility adds a material increase in generating capacity
after March 13, 2023, that does not meet the requirements of Ark. Code Ann.
§
23-18-603(9) and
Ark. Code Ann. §
23-18-604(c)(11)(A),
the new and additional capacity will not qualify for legacy-transitional status
and thus shall be billed pursuant to one (1) of the rate structures established
in Ark. Code Ann. §
23-18-606. However, the addition
of Non-Legacy generating capacity to a Legacy-Transitional Net-Metering
Facility will not result in the revocation of Legacy Net-Metering status for
any portion of the Net-Metering Facility previously qualified for such
status.
D. For the date of
eligibility for legacy status to be established under Rule 2.06(A) and Ark.
Code Ann. §
23-18-604(c)(11)(A):
1. The Electric Utility need not have
approved and signed the Standard Interconnection Agreement or Facilities
Agreement; and
2. Section 5.
Certification of the Standard Interconnection Agreement need not be
completed.
E. The legacy
status period shall attach to the Net-Metering Facility on the premises rather
than the Net-Metering Customer.
F.
If the Net-Metering Customer sells a premises with a Net-Metering Facility, the
Standard Interconnection Agreement and Facilities Agreement may be transferred
to the new Net-Metering Customer and the legacy status period shall continue
until June 1, 2040.
G. A
Net-Metering Customer may not transfer a Net-Metering Facility to a new
premises or location and continue to operate under the legacy status
period.
H. Maintenance and repair
of existing Net-Metering Facilities, including replacement of system parts with
newer technology after September 30, 2024, shall not be a triggering event
which ends the legacy status period, even if the modifications marginally
increase system output due to increases in efficiency and new technology, so
long as such maintenance and repair does not materially increase the generating
capacity of the Net-Metering Facility.
I. A Net-Metering Facility qualifying for
legacy status under this Rule remains subject to any other change or
modification in rates, terms, or conditions approved by the
Commission.
Rule 2.07
Leases and Safe Harbor for Service
AgreementsA. A
Net-Metering Customer entering into a lease for a Net-Metering Facility shall
provide to the Electric Utility a standard Notice and Affidavit approved by the
Commission to the Electric Utility certifying that the lease is in compliance
with all Commission Rules and Ark. Code Ann. §
23-18-603(9)(A)(ii).
B. A Net-Metering Customer entering into a
service agreement for a Net-Metering Facility who is relying on Ark. Code Ann.
§
23-18-603(9)(A)
to qualify for net metering shall submit a standard Notice and Affidavit
approved by the Commission to the Electric Utility certifying that the customer
qualifies for safe-harbor protection as provided by Ark. Code Ann. §
23-18-603(9)(A)(iii)(a)
and 26 U.S.C. §
7701(e)(3)(A) and that the
service agreement is in compliance with all Commission Rules.
C. Disputes over compliance with Subsection
(A) or (B) above shall be submitted to Staff for review and attempted
resolution. Thereafter, a Net-Metering Customer or Electric Utility that
disagrees with Staff's resolution may petition the Commission to resolve the
dispute. Electric Utilities shall presume that any person who submits a
completed Notice and Affidavit form is in compliance with the Commission's
Rules and the provisions under Ark. Code Ann. §
23-18-603(9)
until the Commission makes a finding otherwise.
Rule 2.08
Annual
Avoided-Cost Redetermination
A. If an Electric Utility elects to use the
rate structure outlined in Ark. Code Ann. §
23-18-606(a)(1),
the Electric Utility shall file any needed revisions to its Net-Metering tariff
on or before February 1 of each calendar year, to become effective on March 1
of the same year, updating the Avoided Cost to reflect the twelvemonth average
for the prior calendar year of the applicable Locational Marginal Price
associated with the Electric Utility's load zone in the Midcontinent
Independent System Operator (MISO) or Southwest Power Pool (SPP) Independent
System Operator Market.
B. The
Electric Utility shall use the historic hourly average real-time Locational
Marginal Price for the prior calendar year for the purpose of calculating the
annual Avoided Cost rate updates in its Net-Metering tariff. Any Electric
Utility whose load zone encompasses both MISO and SPP shall use a blended rate
to calculate the Avoided Cost. A Distribution Cooperative shall use the Avoided
Cost rate based on the load zones applicable to the wholesale power it
purchases as calculated by Arkansas Electric Cooperative
Corporation.
SECTION
3.
INTERCONNECTION OF NET- METERING FACILITIES TO EXISTING
ELECTRIC POWER SYSTEMS
Rule 3.01
Requirements for Initial Interconnection of a Net-Metering
Facility
A. A
Net-Metering Customer and owner of the Net-Metering Facility, if different,
shall execute a Standard Interconnection Agreement for Net-Metering Facilities
(Appendix A) prior to interconnection with the Electric Utility's
facilities.
B. A Net-Metering
Facility shall be capable of operating in parallel and safely commencing the
delivery of power into the utility system at a single point of interconnection.
To prevent a Net-Metering Facility from back-feeding a de-energized line, a
Net-Metering Facility shall have a visibly open, lockable, manual disconnect
switch which is accessible by the Electric Utility and clearly
labeled.
C. The Net-Metering
Customer and owner of the Net-Metering Facility, if different, shall submit a
Standard Interconnection Agreement to the Electric Utility at least thirty (30)
days prior to the date the Net-Metering Customer intends to interconnect the
Net-Metering Facilities to the Electric Utility's facilities. Part I, Standard
Information, Sections 1 through 5 of the Standard Interconnection Agreement
must be completed by the Net-Metering Customer and Owner (if different from
Customer) for the notification to be valid. The Net-Metering Customer shall
have all equipment necessary to complete the interconnection prior to such
notification. If mailed, the date of notification shall be the third day
following the mailing of the Standard Interconnection Agreement. The Electric
Utility shall provide a copy of the Standard Interconnection Agreement to the
Net-Metering Customer upon request.
D. Following notification by the Net-Metering
Customer or owner as specified in Rule 3.01.C., the Electric Utility shall
review the plans for the facility and provide the results of its review to the
Net-Metering Customer, in writing, within 30 calendar days. Any items that
would prevent Parallel Operation due to violation of safety standards and/or
power generation limits shall be explained along with a description of the
modifications necessary to remedy the violations.
E. The Net-Metering Facility, at the
Net-Metering Customer's expense, shall meet safety and performance standards
established by local and national electrical codes including the National
Electrical Code (NEC), the Institute of Electrical and Electronics Engineers
(IEEE), the National Electrical Safety Code (NESC), and Underwriters
Laboratories (UL).
F. The
Net-Metering Facility, at the Net-Metering Customer's expense, shall meet all
safety and performance standards adopted by the Electric Utility and filed with
and approved by the Commission pursuant to these Rules that are necessary to
assure safe and reliable operation of the Net-Metering Facility to the Electric
Utility's system.
G. If the
Electric Utility's existing facilities are not adequate to interconnect with
the Net-Metering Facility, the Net-Metering Customer shall pay the cost of
additional or reconfigured facilities prior to the installation or
reconfiguration of the facilities.
H. Pursuant to Ark. Code Ann. §
23-18-603(9)(D),
if an Electric Utility owns transmission facilities that will be impacted by a
Net-Metering Facility, a Net-Metering Customer must obtain an Electric
Utility's permission to operate its facilities in parallel with the Electric
Utility's transmission facilities.
Rule 3.02
Requirements for
Modifications or Changes to a Net-Metering Facility
A. Prior to being made, the Net-Metering
Customer or owner of the Net-Metering Facility shall notify the Electric
Utility of, and the Electric Utility shall evaluate, any modifications or
changes to the Net- Metering Facility described in Part I, Standard
Information, Section 2 of the Standard Interconnection Agreement for
Net-Metering Facilities. The notice provided by the Net-Metering Customer or
owner of the Net-Metering Facility shall provide detailed information
describing the modifications or changes to the Electric Utility in writing,
including a revised Standard Interconnection Agreement for Net-Metering
Facilities that clearly identifies the changes to be made. The utility shall
review the proposed changes to the facility and provide the results of its
evaluation to the customer, in writing, within thirty (30) days of receipt of
the customer's proposal. Any items that would prevent Parallel Operation due to
violation of applicable safety standards and/or power generation limits shall
be explained along with a description of the modifications necessary to remedy
the violations.
B. If the
Net-Metering Customer or owner of the Net-Metering Facility makes such
modification without the Electric Utility's prior written authorization and the
execution of a new Standard Interconnection Agreement, the Electric Utility
shall have the right to suspend Net-Metering service pursuant to the procedures
in Section 6 of the Commission's General Service Rules.
C. A Net-Metering Facility shall not be
modified or changed to generate electrical energy in excess of the amount
necessary to offset all of the Net-Metering Customer requirements for
electricity.
D. If a Net-Metering
Customer proposes a modification or upgrade to a Net-Metering Facility that has
previous qualified for Legacy or Legacy-Transitional status, an Electric
Utility may only require the Net-Metering Customer to submit a new Standard
Interconnection Agreement for the modification or upgrade if the customer is
proposing a material increase in nameplate generating capacity.
Rule 3.03
Requirements for Preliminary Interconnection Site Review
RequestA. For the purpose
of requesting that the Electric Utility conduct a preliminary interconnection
site review for a proposed Net-Metering Facility to determine the Net-Metering
Facility's impact to the Electric Utility's grid through technical review and
if additional site screening may be required to determine the applicable
interconnection costs prior to interconnection of the Net-Metering Facility,
the Net-Metering Customer may notify the Electric Utility by submitting a
completed Preliminary Interconnection Site Review Request. The Net-Metering
Customer shall submit a separate Preliminary Interconnection Site Review
Request for each point of interconnection if information about multiple points
of interconnection is requested. Each Preliminary Interconnection Site Review
Request will be considered separately and in the order in which received. Part
1, Standard Information, Sections 1 through 4 of the Preliminary
Interconnection Site Review Request must be completed for the notification to
be valid. If mailed, the date of notification shall be the third day following
the mailing of the Preliminary Interconnection Site Review Request. The
Electric Utility shall provide a copy of the Preliminary Interconnection Site
Review Request to the Net-Metering Customer upon request.
B. Following notification by the Net-Metering
Customer as specified in Rule 3.03.A., the Electric Utility shall review the
plans of the facility interconnection and provide the results of its review to
the Net-Metering Customer, in writing, within 30 calendar days. If the
Net-Metering Customer requests that multiple interconnection site reviews be
conducted the Electric Utility shall make reasonable efforts to provide the
Net-Metering Customer with the results of the review within 30 calendar days.
If the Electric Utility cannot meet the deadline, it shall provide the
Net-Metering Customer with an estimated date by which it will complete the
review. The Net-Metering Customer may request parallel processing of multiple
reviews but must pay actual costs of conducting the review and any subsequent
costs associated with site screening that may be required under Rule 3.03.C. In
such event, the Electric Utility shall respond to the request and shall process
and present the results of the multiple reviews within a reasonable time, not
to exceed ninety (90) days. Any items that would prevent Parallel Operation due
to violation of safety standards and/or power generation limits shall be
explained along with a description of the modifications necessary to remedy the
violations.
C. The preliminary
interconnection site review is non-binding and need only include existing data
and does not require the Electric Utility to conduct a study or other analysis
of the proposed interconnection site in the event that data is not readily
available. The Electric Utility shall notify the Net-Metering Customer if
additional site screening may be required prior to interconnection of the
facility. The Net-Metering Customer shall be responsible for the actual costs
of conducting the preliminary interconnection site review and any subsequent
costs associated with site screening that may be required.
D. The preliminary interconnection site
review does not relieve the Net-Metering Customer of the requirement to execute
a Standard Interconnection Agreement prior to interconnection of the facility.
The preliminary interconnection site review process is optional for a
Net-Metering Customer and may be used to determine the Net-Metering Facility's
impact to the Electric Utility's grid through technical review and if
additional site screening may be required to determine the appropriate portion
of the costs and associated expenses required to provide service to the
Net-Metering Customer and enable the Net-Metering Customer's use of the
Electric Utility's facilities prior to installing a Net-Metering Facility. A
Net-Metering Customer may choose to proceed with installing a Net-Metering
Facility and submitting a Standard Interconnection Agreement without going
through the preliminary interconnection site review process. Regardless of
whether a Net-Metering Customer submits a Preliminary Interconnection Site
Review Request, the Net-Metering Customer is responsible for its appropriate
portion of any required interconnection costs.
E. An Electric Utility may charge a
Net-Metering Customer a Commission-approved standard one-time fee for each
Preliminary Interconnection Site Review Request submitted or at the time of
interconnection after executing a Standard Interconnection Agreement to recover
administrative and related interconnection review costs pursuant to Ark. Code
Ann. §
23-18-604 (9)(A),
as filed in its Net-Metering tariff.
Rule 3.04
Requirements for
Facilities Study and Facilities Agreement
A. A Net-Metering Customer may request that
the Electric Utility conduct a Facilities Study for the purpose of determining
any applicable costs of constructing Electric Utility facilities necessary to
mitigate any potential adverse system impacts and interconnect a Net-Metering
Facility pursuant to Ark. Code Ann. §
23-18-604(c)(11)(A)(ii).
The Facilities Study request should be made in writing but does not have to be
made on any particular form unless the Electric Utility has an approved request
form approved as part of its Net-Metering tariff.
B. The Facilities Study shall specify and
estimate the cost of the equipment, engineering, procurement, construction work
(including protection), and any additional requirements needed to implement
system upgrades and interconnection facilities necessary to safely interconnect
a Net-Metering Facility to the Electric Utility's system pursuant to Ark. Code
Ann. §
23-18-604(c)(9)(B)(i) and
(ii). The Facilities Agreement shall reflect
that estimate as part of its terms when presented to the Net-Metering
Customer.
C. An Electric Utility
may charge a Net-Metering Customer a deposit for each Facilities Study to
recover estimated interconnection study costs pursuant to Ark. Code Ann. §
23-18-604(c)(9)(B),
as filed in its standard Net-Metering tariff. Any portion of the deposit not
actually incurred by the Electric Utility as a result of the study shall be
promptly returned to the Net-Metering Customer, or credited towards the
facility costs established by the Facilities Agreement for the Net-Metering
Facility.
D. Each Electric Utility
shall file with its Net-Metering tariff for Commission approval its standard
Facilities Agreement.
E. Following
the completion of a Facilities Study, if a Net-Metering Customer elects to
proceed with interconnection, the Net-Metering Customer shall execute a
standard Facilities Agreement in the form filed with the Electric Utility's
Net-Metering tariff and approved by the Commission.
F. The Facilities Agreement shall specify the
Net-Metering Customer's appropriate portion of the estimated costs required to
provide interconnection service to the Net-Metering Facility pursuant to Ark.
Code Ann. §
23-18-604(c)(9)(B),
including the Net-Metering Customer's appropriate portion of any costs of
constructing the Electric Utility facilities necessary to interconnect a
Net-Metering Facility, as determined by the Facilities Study.
G. Deadlines for Electric Utilities: An
Electric Utility shall use reasonable efforts to complete a Facilities Study
within 120 days. If a Facilities Study will take more than 120 days, an
Electric Utility shall notify the customer in writing that the review cannot be
completed in 120 days and provide an alternate schedule. An Electric Utility
shall not unreasonably delay providing the results of a Facilities Study and
corresponding Facilities Agreement.
H. In the event that an Electric Utility is
not able to provide final interconnection costs within the deadlines outlined
in Rule 3.04(G) above, the Electric Utility shall provide a good faith estimate
of the appropriate portion of the costs and associated expenses required to (i)
provide service to the Net-Metering Customer and (ii) enable the Net-Metering
Customer's use of the Electric Utility's Facilities, including any applicable
costs of constructing the Electric Utility facilities necessary to interconnect
a Net-Metering Facility pursuant to Ark. Code Ann. §
23-18-604(c)(11)(A)(ii).
If the Net-Metering Customer and Electric Utility proceed with executing the
Facilities Agreement based on a good faith estimate, the Electric Utility shall
credit or charge the Net-Metering Customer for any difference between the
estimate and actual costs once the final appropriate costs are
determined.
SECTION
4.
STANDARD INTERCONNECTION AGREEMENT, PRELIMINARY
INTERCONNECTION SITE REVIEW REQUEST, FACILITIES AGREEMENT, AND STANDARD
NET-METERING TARIFFS FOR NET-METERING FACILITIES
Rule 4.01
Standard
Interconnection Agreement, Preliminary Interconnection Site Review Request,
Facilities Agreement, and Standard Net-Metering Tariffs
Each Electric Utility shall file, for approval by the Commission,
the Standard Interconnection Agreement for Net-Metering Facilities (Appendix
A), the Preliminary Interconnection Site Review Request (Appendix A-1), its
standard Facilities Agreement (Appendix A-2), and two Net-Metering Tariffs
(Legacy and Non-Legacy) in standard tariff format (Appendix B).
A. Facilities Agreement: Each Electric
Utility shall file with its Net-Metering Tariff as Appendix A-2 its standard
Facilities Agreement.
B. Standard
Net-Metering tariffs: Each Electric Utility shall file the following
Net-Metering tariffs:
1. A Legacy Net-Metering
tariff applicable to the Net-Metering Facilities of Net-Metering Customers who
qualify for legacy status pursuant to Rule 2.06; and
2. A Non-Legacy Net-Metering tariff
applicable to the Net-Metering Facilities of Net-Metering Customers who do not
qualify for legacy status pursuant to Rule 2.06.
When filing its Net-Metering tariffs for Commission approval, an
Electric Utility may propose deviations to the standard Net-Metering tariffs,
including Appendices, for the Commission's consideration. Any Electric Utility
which requests a deviation from the standard Net-Metering tariffs shall
specifically identify the requested deviation(s) and file supporting testimony
pursuant to the Commission's Rules of Practice and Procedure,
demonstrating good cause and public interest for the proposed deviation.
Rule 4.02
Additional Filing and Reporting
Requirements
Each Electric Utility shall file in Docket No. 06-105-U by March
15 of each year, a report individually listing each Net-Metering Facility, the
type of resource (Solar, Wind, Storage, etc.), its use (by specific rate
class(es), generator capacity rating, inverter capacity rating, and if the
Net-Metering Facility is associated with Additional Meters (Yes or No), as of
the end of the previous calendar year. The annual report shall be provided in
spreadsheet format.
SECTION
5.
RULES TO GUARD AGAINST GAMING
Rule 5.01
Gaming
Defined
Gaming is defined as manipulating, misrepresenting, or otherwise
configuring a Net-Metering Facility or Facilities in a manner that is intended
to result in, or that actually results in, the avoidance of statutory or
Commission limits or rules.
Gaming of the Net-Metering Rules includes, but is not limited to,
the following actions:
A. Adding
additional capacity to an existing Net-Metering Facility without complying with
Rule 3.02; and
B. Unauthorized
interconnections.
Rule
5.02
Gaming Prohibited
Gaming of the Net-Metering Rules is prohibited.
Rule 5.03
Penalties for
Gaming
Any Net-Metering Customer found to be engaged in activity
considered to be gaming under the Net-metering Rules may have its qualification
as a Net-Metering Customer suspended or terminated by the Commission following
notice and opportunity for hearing.
I.
STANDARD
INFORMATION
Section 1.
Customer Information
Name:
___________________________________________________________
Mailing Address:
___________________________________________________
City: ________________ State: ________________ Zip Code:
_______________
E-mail Address:
_____________________________________________
Facility Location (if different from above):
_________________________________
Daytime Phone: ___________________ Evening Phone:
_____________________
Utility Customer Account Number (from electric bill) to which the
Net-Metering Facility is physically attached: _______________________
Type of Facility (circle one)
Customer-owned ______ Leased _________ Service Agreement
__________
Section 2.
Owner Information
(if
different from Customer)
Name:
___________________________________________________________
Contact Person:
___________________________________________________
Mailing Address:
__________________________________________________
City: ________________________ State: _________ Zip Code:
____________
Daytime Phone: ________________________ Evening Phone:
__________________
E-Mail Address: ___________________________________ Fax:
__________________
Section
3.
Generation Facility
Information
System Type: Solar Wind Hydro Geothermal Biomass Fuel Cell Micro
turbine Energy Storage Device (circle all that apply)
Generator Rating (kW): _____________________________DC
Inverter Rating (kW): _______________________________ AC
Describe Location of Accessible and Lockable Disconnect:
___
_____________________________________________________________________
Inverter Manufacturer: ____________________ Inverter Model:
____________________
Inverter Location: _______________________ Inverter Power Rating:
_______________
Expected Capacity Factor:
________________________________________________
Expected annual production of electrical energy (kWh) calculated
using industry recognized simulation model (PVWatts, etc.):
__________________________________________
Section 4.
Installation
Information
Attach a detailed electrical diagram of the Net-Metering
Facility.
Installed by: ___________________________
Qualifications/Credentials: ___________________________
Mailing Address:
_______________________________________________________
City:_________________ State:_________________ Zip
Code:_________________
Daytime Phone: __________________Installation Date:
________________________
Section
5.
Certification
The system has been installed in compliance with national
electric codes, including the National Electrical Code (NEC), the Institute of
Electrical and Electronics Engineers (IEEE), the National Electrical Safety
Code (NESC), and Underwriters Laboratories (UL) and (if applicable) the local
Building/Electrical Code of ______________ (City/County)
Signed (Inspector): ______________________ Date: ________
(In lieu of signature of inspector, a copy of the final
inspection certificate may be attached.)
The system has been installed to my satisfaction and I have been
given system warranty information and an operation manual, and have been
instructed in the operation of the system.
Signed (Net Metering Customer): _______________ Date:
________
Signed (Owner if different from Customer):
__________________________ Date: ______
Section 6.
Utility
Verification and Approval
Facility Interconnection Approved: ________________________
Date_________________
Metering Facility Verification by: _____________________
Verification Date: ____________
Utility's e-mail address: ______________________________
II.
INTERCONNECTION AGREEMENT TERMS AND
CONDITIONS
This Interconnection Agreement for Net-Metering Facilities
("Agreement") is made and entered into this ____ day of _____, 20 ____, by ____
("Electric Utility") __________ and ("Customer"), a ____(specify whether
corporation or other) and ______________________ ("Owner"), a ____________
(specify whether corporation or other), each hereinafter sometimes referred to
individually as "Party" or collectively as the "Parties." In consideration of
the mutual covenants set forth herein, the Parties agree as follows:
Section 1.
The Net-Metering
Facility
The Net-Metering Facility meets the requirements of Ark. Code
Ann. §
23-18-603(10) and
the Arkansas Public Service Commission's Net-Metering
Rules.
Section 2.
Governing Provisions
The Parties shall be subject to the applicable provisions of Ark.
Code Ann. §
23-18-601, et
seq. and the terms and conditions set forth in this Agreement, the
Commission's Net-Metering Rules, the Commission's
General Service Rules, and the Electric Utility's applicable
tariffs.
Section 3.
Interruption or Reduction of Deliveries
The Electric Utility shall not be obligated to accept and may
require Customer to interrupt or reduce deliveries when necessary in order to
construct, install, repair, replace, remove, investigate, or inspect any of its
equipment or part of its system; or if it reasonably determines that
curtailment, interruption, or reduction is necessary because of emergencies,
forced outages, force majeure, or compliance with prudent electrical practices.
Whenever possible, the Utility shall give the Customer reasonable notice of the
possibility that interruption or reduction of deliveries may be required.
Notwithstanding any other provision of this Agreement, if at any time the
Utility reasonably determines that either the facility may endanger the
Electric Utility's personnel or other persons or property, or the continued
operation of the Customer's facility may endanger the integrity or safety of
the Utility's electric system, the Electric Utility shall have the right to
disconnect and lock out the Customer's facility from the Electric Utility's
electric system. The Customer's facility shall remain disconnected until such
time as the Electric Utility is reasonably satisfied that the conditions
referenced in this Section have been corrected.
Section 4.
Interconnection
Customer shall deliver the as-available energy to the Electric
Utility at the Electric Utility's meter.
Electric Utility shall furnish and install a standard kilowatt
hour meter for Legacy-Transitional Net-Metering Customers or a single standard
two-channel digital hour meter for Non-Legacy Net-Metering Customers. Customer
shall provide and install a meter socket for the Electric Utility's meter and
any related interconnection equipment per the Electric Utility's technical
requirements, including safety and performance standards.
The Net-Metering Customer and Owner of the Net-Metering Facility,
if different, shall submit a Standard Interconnection Agreement to the Electric
Utility at least thirty (30) days prior to the date the Customer intends to
interconnect the Net- Metering Facilities to the utility's facilities. Part I,
Standard Information, Sections 1 through 5 of the Standard Interconnection
Agreement must be completed by the Net-Metering Customer and Owner (if
different from Customer), for the notification to be valid. The Customer shall
have all equipment necessary to complete the interconnection prior to such
notification. If mailed, the date of notification shall be the third day
following the mailing of the Standard Interconnection Agreement. The Electric
Utility shall provide a copy of the Standard Interconnection Agreement to the
Customer upon request.
Following submission of the Standard Interconnection Agreement by
the Customer, the utility shall review the plans of the facility and provide
the results of its review to the Customer, in writing, within 30 calendar days.
Any items that would prevent Parallel Operation due to violation of applicable
safety standards and/or power generation limits shall be explained along with a
description of the modifications necessary to remedy the violations.
If the Electric Utility's existing facilities are not adequate to
interconnect with the Net-Metering Facility, the Customer shall pay the cost of
additional or reconfigured facilities prior to the installation or
reconfiguration of the facilities.
To prevent a Net-Metering Facility from back-feeding a
de-energized line, the Customer shall install a manual disconnect switch with
lockout capability that is accessible to utility personnel at all hours.
Customer, at Customer's expense, shall meet all safety and
performance standards established by local and national electrical codes
including the National Electrical Code (NEC), the Institute of Electrical and
Electronics Engineers (IEEE), the National Electrical Safety Code (NESC), and
Underwriters Laboratories (UL).
Customer, at Customer's expense, shall meet all safety and
performance standards adopted by the utility and filed with and approved by the
Commission that are necessary to assure safe and reliable operation of the Net
Metering Facility to the utility's system.
Customer shall not commence Parallel Operation of the
Net-Metering Facility until the Net Metering Facility has been inspected and
approved by the Electric Utility. Such approval shall not be unreasonably
withheld or delayed. Notwithstanding the foregoing, the Electric Utility's
approval to operate the Customer's Net-Metering Facility in parallel with the
Utility's electrical system should not be construed as an endorsement,
confirmation, warranty, guarantee, or representation concerning the safety,
operating characteristics, durability, or reliability of the Customer's
Net-Metering Facility.
Section
5.
Modifications or Changes to the Net-Metering
Facility Described in Part 1, Section 2
Prior to being made, the Customer shall notify the Electric
Utility of, and the Electric Utility shall evaluate, any modifications or
changes to the Net-Metering Facility described in Part 1, Standard Information,
Section 2 of the Standard Interconnection Agreement for Net-Metering
Facilities, in compliance with the Commission's Net-Metering Rules and the
Electric Utility's tariffs.
If the Customer makes such modification without the Electric
Utility's prior written authorization and the execution of a new Standard
Interconnection Agreement, the Electric Utility shall have the right to suspend
Net-Metering service pursuant to the procedures in Section 6 of the
Commission's General Service Rules.
A Net-Metering Facility shall not be modified or changed to
generate electrical energy in excess of the amount necessary to offset all of
the Net-Metering Customer requirements for electricity.
Section 6.
Maintenance and
Permits
The Customer shall obtain any governmental authorizations and
permits required for the construction and operation of the Net-Metering
Facility and interconnection facilities. The Customer shall maintain the
Net-Metering Facility and interconnection facilities in a safe and reliable
manner and in conformance with all applicable laws and regulations.
Section 7.
Access to Premises
The Electric Utility may enter the Customer's premises to inspect
the Customer's protective devices and read or test the meter. The Electric
Utility may disconnect the interconnection facilities without notice if the
Electric Utility reasonably believes a hazardous condition exists and such
immediate action is necessary to protect persons, or the Electric Utility's
facilities, or property of others from damage or interference caused by the
Customer's facilities, or lack of properly operating protective devices.
Section 8.
Indemnity and Liability
The following is Applicable to Agreements between the Electric
Utility and to all Customers and Owners except the State of Arkansas and any
entities thereof, local governments, and federal agencies:
Each Party shall indemnify the other Party, its directors,
officers, agents, and employees against all loss, damages, expense and
liability to third persons for injury to or death of persons or injury to
property caused by the indemnifying party's engineering, design, construction,
ownership, maintenance or operations of, or the making of replacements,
additions or betterment to, or by failure of, any of such Party's works or
facilities used in connection with this Agreement by reason of omission or
negligence, whether active or passive. The indemnifying Party shall, on the
other Party's request, defend any suit asserting a claim covered by this
indemnity. The indemnifying Party shall pay all costs that may be incurred by
the other Party in enforcing this indemnity. It is the intent of the Parties
hereto that, where negligence is determined to be contributory, principles of
comparative negligence will be followed and each Party shall bear the
proportionate cost of any loss, damage, expense and liability attributable to
that Party's negligence. Nothing in this paragraph shall be applicable to the
Parties in any agreement entered into with the State of Arkansas or any
entities thereof, or with local governmental entities or federal agencies.
Furthermore, nothing in this Agreement shall be construed to waive the
sovereign immunity of the State of Arkansas or any entities thereof. The
Arkansas State Claims Commission has exclusive jurisdiction over claims against
the state.
Nothing in this Agreement shall be construed to create any duty
to, any standard of care with reference to or any liability to any person not a
Party to this Agreement. Neither the Electric Utility, its officers, agents or
employees shall be liable for any claims, demands, costs, losses, causes of
action, or any other liability of any nature or kind, arising out of the
engineering, design, construction, ownership, maintenance or operation of, or
the making of replacements, additions or betterment to, or by failure of, the
Customer's facilities by the Customer or any other person or entity.
Section 9.
Notices
The Net-Metering Customer shall notify the Electric Utility of
any changes in the information provided herein.
All written notices shall be directed as follows:
Attention:
[Electric Utility Agent or Representative]
___________________________
[Electric Utility Name and Address]
_______________________________
[Electric Utility Email Address]
___________________________________
Attention:
[Customer]
Name: _________________________
Address: _______________________
City: __________________________
Email: _____________________
Customer notices to Electric Utility shall refer to the
Customer's electric service account number set forth in Section 1 of this
Agreement.
Section 10.
Term of Agreement
The term of this Agreement shall be the same as the term of the
otherwise applicable standard rate schedule. This Agreement shall remain in
effect until modified or terminated in accordance with its terms or applicable
regulations or laws.
Section
11.
Assignment
This Agreement and all provisions hereof shall inure to and be
binding upon the respective Parties hereto, their personal representatives,
heirs, successors, and assigns. The Customer and/or Owner shall notify the
Electric Utility if this Agreement is assigned to a new Net-Metering Customer
pursuant to Rule 2.06(F).
Section
12.
Net-Metering Customer and Owner
Certification
I hereby certify that all of the information provided in this
Agreement is true and correct, to the best of my knowledge, and that I have
read and understand the Terms and Conditions of this Agreement.
Signature (Customer): ___________________________ Date:
______________
Signature (Owner if different from Customer): __________ Date:
_____________
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives.
Dated this ______________________ day of _____________, 20
___.
|
Customer: |
Electric Utility: |
|
__________________________ |
__________________________ |
|
By:________________________ |
By:________________________ |
|
Title:_______________________ |
Title:_______________________ |
|
Mailing Address: |
Mailing Address: |
|
__________________________ |
__________________________ |
|
__________________________ |
__________________________ |
|
E-mail Address: |
E-mail Address: |
|
__________________________ |
__________________________ |
| |
|
Third-Party Owner (if applicable): |
|
__________________________ |
|
By:________________________ |
|
Title:_______________________ |
|
Mailing Address: |
|
__________________________ |
|
__________________________ |
|
Email Address: |
|
__________________________ |
STANDARD INTERCONNECTION AGREEMENT FOR
NET-METERING FACILITIES
Disclaimer
POSSIBLE FUTURE RULES OR RATE CHANGES, OR BOTH AFFECTING
YOUR NET-METERING FACILITY
The following is a supplement to the Interconnection Agreement
you signed with ________________________ [Electric Utility].
1. Electricity rates, basic charges, and
service fees, set by [Electric Utility] and approved by the Arkansas Public
Service Commission (Commission), are subject to change.
2. I understand that I will be responsible
for paying any future increases to my electricity rates, basic charges, or
service fees from [Electric Utility].
3. My Net-Metering System is subject to the
current rates of [Electric Utility], and the rules and regulations of the
Commission. The [Electric Utility] may change its rates in the future with
approval of the Commission or the Commission may alter its rules and
regulations, or both may happen. If either or both occurs, my system will be
subject to those changes.
By signing below, you acknowledge that you have read and
understand the above disclaimer.
___________________________
Name (printed)
___________________________
Signature (Customer)
___________________________
Date
I.
STANDARD INFORMATION
Section 1.
Customer
Information
Name:
______________________________________________________________________________
Con tact Person:
______________________________________________________________________
Mailing Address:
______________________________________________________________________
City: _________________________ State: _____________ Zip Code:
___________________________
Facility Location (if different from above):
___________________________________________________
Daytime Phone: _________________________ Evening Phone:
_________________________
E-Mail Address: _______________________ If the requested point of
interconnection is the same as an existing electric service, provide the
electric service account number: ___________________ Additional Customer
Accounts (from electric bill) to be credited with Net Excess Generation:
_________________________ Annual Energy Requirements (kWh) in the previous
twelve (12) months for the account physically attached to the Net-Metering
Facility and for any additional accounts listed (in the absence of historical
data reasonable estimates for the class and character of service may be made):
_______________________________
Type of Facility (circle one)
Customer-owned ______ Leased _________ Service Agreement
__________
Section 2.
Owner Information
(if
different from customer information)
Name:
___________________________________________________________
Contact Person:
___________________________________________________
Mailing Address:
__________________________________________________
City: ________________________ State: _________ Zip Code:
____________
Daytime Phone: ________________________ Evening Phone:
__________________
E-Mail Address: ___________________________________
Section 3.
Generation Facility Information
System Type: Solar Wind Hydro Geothermal Biomass Fuel Cell Micro
Turbine Energy Storage Device (circle all that apply)
Generator Rating (kW): ____________________________ DC
Inverter Rating (kW): ____________________________ AC
Capacity Factor:
_________________________________________________________
Expected annual production of electrical energy (kWh) of the
facility calculated using industry recognized simulation model (PVWatts, etc):
__________________
Section
4.
Interconnection
Information
Attach a detailed electrical diagram showing the configuration of
all generating facility equipment, including protection and control
schemes.
Requested Point of Interconnection:
_______________________
Customer-Site Load (kW) at Net-Metering Facility location (if
none, so state):
___________________________________________________________________________
Interconnection Request: Single Phase: ________________ Three
Phase: _________________
Section
5.
Signature
I hereby certify that, to the best of my knowledge, all the
information provided in this Preliminary Interconnection Site Review is true
and correct.
Net-Metering Customer Signature: ______________ Date:
________________
Owner Signature (if different from Customer): _______________
Date: ______
II.
TERMS AND CONDITIONS
Section 1.
Requirements for
Request
For the purpose of requesting that the Electric Utility conduct a
preliminary interconnection site review for a proposed Net-Metering Facility if
requested by the Customer, the Customer shall notify the Electric Utility by
submitting a completed Preliminary Interconnection Site Review Request. The
Customer shall submit a separate Preliminary Interconnection Site Review
Request for each point of interconnection if information about multiple points
of interconnection is requested. Part 1, Standard Information, Sections 1
through 4 of the Preliminary Interconnection Site Review Request must be
completed for the notification to be valid. If mailed, the date of notification
shall be the third day following the mailing of the Preliminary Interconnection
Site Review Request. The Electric Utility shall provide a copy of the
Preliminary Interconnection Site Review Request to the Customer upon
request.
Section 2.
Utility Review
Following submission of the Preliminary Interconnection Site
Review Request by the Customer the Electric Utility shall review the plans of
the facility interconnection and provide the results of its review to the
Customer, in writing, within 30 calendar days. If the Customer requests that
multiple interconnection site reviews be conducted the Electric Utility shall
make reasonable efforts to provide the Customer with the results of the review
within 30 calendar days. If the Electric Utility cannot meet the deadline, it
shall provide the Customer with an estimated date by which it will complete the
review. Any items that would prevent Parallel Operation due to violation of
safety standards and/or power generation limits shall be explained along with a
description of the modifications necessary to remedy the violations.
The preliminary interconnection site review is non-binding and
need only include existing data and does not require the Electric Utility to
conduct a study or other analysis of the proposed interconnection site in the
event that data is not readily available. The Electric Utility shall notify the
Customer if additional site screening may be required prior to interconnection
of the facility. The Customer shall be responsible for the actual costs for
conducting the preliminary interconnection site review and any subsequent costs
associated with site screening that may be required.
Section 3.
Standard
Interconnection Agreement
The preliminary interconnection site review does not relieve the
Customer of the requirement to execute a Standard Interconnection Agreement
prior to interconnection of the facility.
X.
LEGACY
NET-METERING
X.1.
DEFINITIONSX.1.1.
Legacy
Net-Metering Customer - A customer who meets either the definition of
Legacy Net-Metering Customer or Legacy-Transitional Net-Metering Customer as
defined in the Net-Metering Rules.
X.1.2
Legacy Net-Metering
Facility - A Net-Metering Facility meeting the requirements of Ark. Code
Ann. §
23-18-603, as in effect on March
12, 2023 (i.e., before the effective date of Act 278 of
2023).
X.1.3
Legacy-Transitional Net-Metering Facility - A Net-Metering
Facility meeting the requirements of Ark. Code Ann. §
23-18-603, as in effect on March
13, 2023 (i.e., the effective date of Act 278 of
2023).
X.1.4 All other terms are as
defined in Ark. Code Ann. §
23-18-603, except as required by
context or by Ark. Code Ann. §
23-18-604(c)(11)(A)
as interpretated by the Commission in Docket No. 23-021-R.
X.2.
AVAILABILITY
X.2.1. Service under the provisions of this
tariff is available to any residential or any other customer who takes service
under standard rate schedule(s) ________________ (list schedules) who is a
Legacy Net-Metering Customer as defined herein and who has obtained a signed
Standard Interconnection Agreement for a Legacy Net-Metering Facility or
Facilities or a Legacy-Transitional Net-Metering Facility or Facilities with an
Electric Utility pursuant to the Net-Metering Rules and Ark. Code Ann. §
23-18-601
et.
seq.
The provisions of the customer's standard rate schedule are
modified as specified herein.
X.2.2. Customers taking service under the
provisions of this tariff may not simultaneously take service under the
provisions of any other alternative source generation or co-generation
tariff
X.3.
MONTHLY
BILLING RATE STRUCTURE, TERMS, AND CONDITIONS
X.3.1. The monthly billing rate structure,
terms, and conditions outlined herein apply until June 1, 2040, to Net-Metering
Facilities of Legacy Net-Metering Customers.
X.3.2. The Electric Utility shall separately
meter, bill, and credit each Net-Metering Facility even if one (1) or more
Net-Metering Facilities are under common ownership.
X.3.3. On a monthly basis, the Legacy
Net-Metering Customer shall be billed the charges applicable under the
currently effective standard rate schedule and any appropriate rider
schedules.
X.3.4. If the kWhs
supplied by the Electric Utility exceeds the kWhs generated by the Net-Metering
Facility and fed back to the Electric Utility during the Billing Period, the
Legacy Net-Metering Customer shall be billed for the net billable kWhs supplied
by the Electric Utility in accordance with the rates and charges under the
Legacy Net-Metering Customer's standard rate schedule.
X.3.5. If the kWhs generated by the
Net-Metering Facility and fed back to the Electric Utility during the Billing
Period exceed the kWhs supplied by the Electric Utility to the Legacy Net-
Metering Customer during the applicable Billing Period, the Electric Utility
shall credit the Legacy Net-Metering Customer with any accumulated Net Excess
Generation in the next applicable Billing Period.
X.3.6. Net Excess Generation shall first be
credited to the Legacy Net-Metering Customer's meter to which the Net-Metering
Facility is physically attached (Generation Meter).
X.3.7. After application of X.3.6. and upon
request of the Legacy Net-Metering Customer pursuant to X.3.9., any remaining
Net Excess Generation shall be credited to one or more of the Legacy
Net-Metering Customer's meters (Additional Meters) in the rank order provided
by the Legacy Net-Metering Customer.
X.3.8. Net Excess Generation shall be
credited as described in X.3.7. and X.3.8. during subsequent Billing Periods;
the Net Excess Generation credits remaining in a Legacy Net- Metering
Customer's account at the close of a billing cycle shall not expire and shall
be carried forward to subsequent billing cycles indefinitely. For Net Excess
Generation credits older than twenty-four (24) months, a Legacy Net-Metering
Customer may elect to have the Electric Utility purchase the Net Excess
Generation credits in the Legacy Net-Metering Customer's account at the
Electric Utility's Avoided Cost plus any additional sum determined under the
Net Metering Rules, if the sum to be paid to the Legacy Net-Metering Customer
is at least one hundred dollars ($100). An Electric Utility shall purchase at
the Electric Utility's Avoided Cost, any Net Excess Generation Credits
remaining in a Legacy Net-Metering Customer's account when the Legacy
Net-Metering Customer:
1) ceases to be a
customer of the Electric Utility;
2) ceases to operate the Net-Metering
Facility; or
3) transfers the
Net-Metering Facility to another person.
When purchasing Net Excess Generation credits from a Legacy
Net-Metering Customer, the Electric Utility shall calculate the payment based
on its Avoided Costs for the current year.
X.3.9. Upon request from a Legacy
Net-Metering Customer an Electric Utility must apply Net Excess Generation to
the Legacy Net-Metering Customer's Additional Meters provided that:
(a) The Legacy Net-Metering Customer must
give at least 30 days' notice to the Electric Utility.
(b) The Additional Meter(s) must be
identified at the time of the request. Additional Meter(s) shall be under
common ownership within a single Electric Utility's service area; shall be used
to measure the Legacy Net-Metering Customer's requirements for electricity; may
be in a different class of service than the Generation Meter; shall be assigned
to one, and only one, Generation Meter; shall not be a Generation Meter; and
shall not be associated with unmetered service.
However, the common ownership requirement shall not apply if more
than two customers that are governmental entities or other entities that are
exempt from state and federal income tax defined under Ark. Code Ann.§
23-18-603(7)(c)
co-locate at a site hosting the Net Metering Facility.
(c) In the event that more than one of the
Legacy Net-Metering Customer's meters is identified, the Legacy Net-Metering
Customer must designate the rank order for the Additional Meters to which
excess kWh are to be applied. The Legacy Net-Metering Customer cannot designate
the rank order more than once during the Annual Billing
Cycle.
X.4
ADDITIONAL CHARGES, FEES, AND REQUIREMENTS
X.4.1 An Electric Utility may apply the
following additional charges, fees, and requirements to Legacy Net-Metering
Customers taking service under this Standard Net-Metering Tariff pursuant to
Net-Metering Rule 2.03.
[Either indicate "None" or list all charges, fees,
or requirements])
X.4.2 None
X.4.3 A standard one-time fee to recover
administrative and related interconnection review costs: $XX per
[indicate per Legacy Net-Metering Customer or per
service]
X.5
RENEWABLE ENERGY CREDITSX.5.1.
Any Renewable Energy Credit created as the result of electricity supplied by a
Legacy Net-Metering Customer is the property of the Legacy Net-Metering
Customer that generated the Renewable Energy Credit.
ATTACHMENT 1
STANDARD INTERCONNECTION AGREEMENT FOR NET-METERING
FACILITIES
(insert document)
ATTACHMENT 2 PRELIMINARY INTERCONNECTION SITE REVIEW
REQUEST
(insert document)
ATTACHMENT 3
FACILITIES AGREEMENT
(insert document)
Click here to view
image
X.
NON-LEGACY NET-METERING
X.1.
DEFINITIONS
X.1.1.
Non-Legacy Net-Metering Customer - A Net-Metering Customer who
meets the definition of Non-Legacy Net-Metering Customer as defined in the
Net-Metering Rules.
X.1.2 All other
terms are as defined in Ark. Code Ann. §
23-18-603.
X.2.
AVAILABILITY
X.2.1. Service under the provisions of this
tariff is available to any residential or any other customer who takes service
under standard rate schedule(s) ________________ (list schedules) who is a
Non-Legacy Net-Metering Customer and who has obtained a signed Standard
Interconnection Agreement for a Net-Metering Facility or Net-Metering
Facilities with an Electric Utility pursuant to the Net-Metering Rules and Ark.
Code Ann. §
23-18-601
et.
seq.,
The provisions of the customer's standard rate schedule are
modified as specified herein.
X.2.2. Net-Metering Customers taking service
under the provisions of this tariff may not simultaneously take service under
the provisions of any other alternative source generation, co-generation, or
interruptible service tariff except as provided in Ark. Code Ann. §
23-18-603(8)(B).
Per Ark. Code Ann. §
23-18-606(a)
(1) (Note: Pursuant to Per Ark. Code Ann. §
23-18-606(a),
each Electric Utility must elect either Option 1 or Option
2.)
X.3.
MONTHLY BILLING RATE STRUCTURE, TERMS, AND CONDITIONS - AVOIDED
COST
X.3.1 This monthly billing rate
structure, terms, and conditions is governed by Ark. Code Ann. §
23-18-606(a)(1).
X.3.2. The Electric Utility shall separately
meter, bill, and credit each Net-Metering Facility even if one (1) or more
Net-Metering Facilities are under common ownership.
X.3.3 The Electric Utility shall separately
meter the electric energy, measured in kWhs:
(a) Supplied by the Electric Utility to the
Net-Metering Customer; and
(b) Fed
back to the Electric Utility from the Net-Metering Customer's Net-Metering
Facility at any time during the applicable billing period.
X.3.4 The Electric Utility shall apply the:
(a) Commission-approved customer charge,
demand, charge, minimum bill provision, and other applicable
Commission-approved charges under Ark. Code Ann. §
23-18-604(c)(1)(A);
(b) Commission-approved charges under Ark.
Code Ann. §
23-18-604(c)(1)(A)
to the applicable net-metering customers, including without limitation any
rates, riders, and surcharges applied based on the volume of kWhs of
electricity supplied by an Electric Utility pursuant to this rate structure;
and
(c) Avoided Cost of the
Electric Utility to all kWhs supplied to the Electric Utility by a Net-Metering
Customer during the applicable billing period to be credited to the total bill
of the Net-Metering Customer in a dollar value, excluding the customer charge
and any applicable demand charge or minimum bill provision that the
Net-Metering Customer shall pay each month.
X.3.5 The Electric Utility shall credit the
Net-Metering Customer with any accumulated Net-Metering Surplus as measured in
dollars during the next applicable billing period.
X.3.6 Upon request from a Net-Metering
Customer pursuant to Ark. Code Ann. §
23-18-604(d)(2)
and Net-Metering Rule 2.05(D), an Electric Utility must apply Net-Metering
Surplus to the Net-Metering Customer's Additional Meters provided that:
(a) The Net-Metering Customer must give at
least 30 days' notice to the Electric Utility.
(b) The Additional Meter(s) must be
identified at the time of the request. Additional Meter(s) shall be under
common ownership within a single Electric Utility's service area; shall be used
to measure the Net-Metering Customer's requirements for electricity; may be in
a different class of service than the Generation Meter; shall be assigned to
one, and only one, Generation Meter; shall not be a Generation Meter; shall not
be associated with unmetered service; and shall be located within a one hundred
(100) miles radius of the individual Net-Metering Customer's Net-Metering
Facility unless the Net-Metering Customer meets one of the exceptions provided
in Net-Metering Rule 2.05 and Ark. Code. Ann. §
23-18-604(d)(2)(A)(i)(a).
(c) To request meter aggregation, the
Net-Metering Customer must submit a standard meter aggregation application form
and affidavit pursuant to Net-Metering Rule 2.05 and designate the rank order
for the Additional Meters to which excess kWh are to be applied. The
Net-Metering Customer cannot designate the rank order more than once during the
Annual Billing Cycle.
X.3.7 Annual Avoided Cost Redetermination
The Electric Utility shall file a revised Avoided Cost on or
before February 1 of each calendar year in compliance with Rule 2.08 of the
Net-Metering Rules. The revised Avoided Cost shall be filed in the docket
initiated for the Electric Utility and shall be accompanied by a set of
workpapers sufficient to fully document the calculations of the revised Avoided
Cost and otherwise comply with the Commission's Rules of Practice and
Procedure. The revised Avoided Cost shall be determined by the
application of Ark. Code Ann. §
23-18-603 and the Net-Metering
Rules to reflect the twelve month average for the prior calendar year of the
applicable Locational Marginal Price associated with the Electric Utility's
load zone in the Midcontinent Independent System Operator or Southwest Power
Pool Independent System Operator Market. The revised Avoided Cost shall be
effective for bills rendered on and after the first billing cycle of March of
the filing year and shall then remain in effect for twelve (12) months.
The Avoided Cost rate for March 1, 20XX, to February 28, 20XX, is
$X.XX/kWh.
Option 2: Per A.C.A.
23-18-606(a)
(2)
X.3.
MONTHLY BILLING RATE STRUCTURE, TERMS, AND CONDITIONS - MONTHLY GRID
CHARGEX.3.1 This monthly billing rate
structure, terms, and conditions is governed by Ark. Code Ann. §
23-18-606(a)(2).
X.3.2. The Electric Utility shall separately
meter, bill, and credit each Net-Metering Facility even if one (1) or more
Net-Metering Facilities are under common ownership.
X.3.3 The Electric Utility shall separately
meter the electric energy, measured in kWhs:
(a) Supplied by the Electric Utility to the
Net-Metering Customer; and
(b) Fed
back to the Electric Utility from the Net-Metering Customer's Net-Metering
Facility at any time during the applicable billing period.
X.3.4 The Electric Utility shall apply the:
(a) Commission-approved customer charge,
demand, charge, minimum bill provision, and other applicable
Commission-approved charges under Ark. Code Ann. §
23-18-604(c)(1)(A);
and
(b) Commission-approved riders
or surcharges under Ark. Code Ann. §
23-18-604(c)(1)(A),
including without limitation any rates, riders, and surcharges applied based on
the volume of kWhs of electricity supplied by an Electric Utility pursuant to
this rate structure.
X.3.5 The Electric Utility shall credit the
Net-Metering Customer with any accumulated Net Excess Generation during the
next applicable billing period.
X.3.6 The Electric Utility shall calculate
the net kWhs of the electric energy supplied by the Electric Utility to the
Net-Metering Customer, less the Net Excess Generation and any Net Excess
Generation carried forward from prior billing periods.
X.3.7 The Electric Utility shall apply the
Commission-approved retail rate, not to exceed the kWhs supplied to the
net-Metering Customer by the Electric Utility during the applicable billing
period.
X.3.8 Upon request from a
Net-Metering Customer pursuant to Ark. Code Ann. §
23-18-604(d)(2)
and Net-Metering Rule 2.05(D), an Electric Utility must apply Net Excess
Generation to the Net-Metering Customer's Additional Meters provided that:
(a) The Net-Metering Customer must give at
least 30 days' notice to the Electric Utility.
(b) The Additional Meter(s) must be
identified at the time of the request. Additional Meter(s) shall be under
common ownership within a single Electric Utility's service area; shall be used
to measure the Net-Metering Customer's requirements for electricity; may be in
a different class of service than the Generation Meter; shall be assigned to
one, and only one, Generation Meter; shall not be a Generation Meter; shall not
be associated with unmetered service; and shall be located within a one hundred
(100) miles radius of the individual Net-Metering Customer's Net-Metering
Facility unless the Net-Metering Customer meets one of the exceptions provided
in Net-Metering Rule 2.05 and Ark. Code. Ann. §
23-18-604(d)(2)(A)(i)(a).
(c) To request meter aggregation, the
Net-Metering Customer must submit a standard meter aggregation application form
and affidavit pursuant to Net-Metering Rule 2.05 and designate the rank order
for the Additional Meters to which excess kWh are to be applied. The
Net-Metering Customer cannot designate the rank order more than once during the
Annual Billing Cycle.
X.3.9 After applying Net Excess Generation to
any Additional Meters pursuant to X.4.7, the Electric Utility shall carry
forward any remaining Net Excess Generation to the next billing
period.
X.3.10 The Electric Utility
shall calculate and apply the Monthly Grid Charge pursuant to Ark. Code Ann.
§
23-18-607.
X.3.11 The Monthly Grid Charge is
$X.XX/kWh.
X.4
ADDI TI
ONAL CHARGES, FEES, AND REQUI REMENTS
X.4.1 An Electric Utility may apply the
following additional charges, fees, and requirements to Net-Metering Customers
taking service under this Standard Net-Metering Tariff pursuant to Net-Metering
Rule 2.03.
[Either indicate "None" or list all charges, fees,
or requirements])
X.4.2 A
charge to recover any cost of the standard two-channel digital meter:
$XX/meter
X.4.3 A standard one-time
fee to recover administrative and related interconnection review costs: $XX per
[indicate per Net-Metering Customer or per
service]
X.5
RENEWABLE ENERGY CREDITSX.5.1 A
Net-metering customer retains any Renewable Energy Credit created as a result
of the electricity supplied by a Net-Metering Customer that generated the
renewable energy credit.
X.5.2 The
Renewable Energy Credit may be retained, retired, or sold for the sole benefit
of the Net-Metering Customer.
ATTACHMENT 1
STANDARD INTERCONNECTION AGREEMENT FOR NET-METERING
FACILITIES
(insert document)
ATTACHMENT 2 PRELIMINARY INTERCONNECTION SITE REVIEW
REQUEST
(insert document)
ATTACHMENT 3
FACILITIES AGREEMENT
(insert document)
