Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Coordination with System. The qualifying facility's delivery of electricity to
the purchasing public utility under a standard power purchase agreement must be
at a voltage, phase, power factor, and frequency as reasonably specified by the
purchasing public utility. The qualifying facility will furnish, install,
operate, and maintain in good order and repair, and without cost to the
purchasing public utility, such switching equipment, relays, locks and seals,
breakers, automatic synchronizers, and other control and protective apparatus
as required in the interconnection agreement or determined by the purchasing
public utility to be reasonably necessary for the safe and reliable operation
of the Facility in parallel with the System, or the qualifying facility may
contract with the purchasing public utility to do so at the qualifying
facility's expense. The purchasing public utility must at all times have access
to all switching equipment capable of isolating the Facility from the
System.
(2) Planned Outages in
standard power purchase agreements:
(a) The
qualifying facility must provide the purchasing public utility with an annual
forecast of Planned Outages for each year of the purchase period at least one
month, but no more than three months, before the first day of that year, and
may update such Planned Outage forecast as necessary to comply with Prudent
Electrical Practices. Any such update to the Planned Outage forecast must be
promptly submitted to the purchasing public utility. Although the Planned
Outage schedule should include predetermined outage duration, the outage may be
extended when the original scope of work requires more time than originally
scheduled, subject to notice of at least five days to the purchasing public
utility when feasible.
(b) The
purchasing public utility may specify in the power purchase agreement two
calendar months in each year in which the qualifying facility may not schedule
Planned Outages during times when motive force is available to generate and
deliver Net Output from the Facility ("High Demand Months") except to the
extent reasonably required to enable a vendor to satisfy a guarantee
requirement. Failure to identify the High Demand Months in the power purchase
agreement shall constitute waiver of the purchasing public utility's right to
require Planned Outages to not occur in such months. The purchasing public
utility may change either or both High Demand Months no less than 12 months
prior to the first contract year for which the purchasing public utility
intends to change the High Demand Month(s). Nothing in the power purchase
agreement's provisions limiting Planned Outages during High Demand Months may
prohibit a qualifying facility from conducting Planned Outages during High
Demand Months at times when motive force is unavailable to generate and deliver
energy.
(3) Maintenance
Outages in standard power purchase agreements.
(a) If the qualifying facility reasonably
determines that it is necessary to schedule a Maintenance Outage, the
qualifying facility must notify the purchasing public utility of the proposed
Maintenance Outage as soon as practicable but in any event at least five days
before the outage begins. The qualifying facility must take all reasonable
measures consistent with Prudent Electrical Practices to not schedule any
Maintenance Outage during the High Demand Months identified by the purchasing
public utility in accordance with subsection (2)(b.).
(b) Notice of a proposed Maintenance Outage
by the qualifying facility must include the expected start date and time of the
outage, the amount of generation capacity of the Facility that will not be
available, and the expected completion date and time of the outage. The
purchasing utility will promptly respond to such notice and may request
reasonable modifications in the schedule for the outage. The qualifying
facility must use all reasonable efforts to comply with any request to modify
the schedule for a Maintenance Outage provided that such change has no
substantial impact on the qualifying facility.
(c) Once the Maintenance Outage has
commenced, the qualifying facility must keep the purchasing public utility
apprised of any changes in the generation capacity available from the Facility
during the Maintenance Outage and any changes in the expected Maintenance
Outage completion date and time. As soon as practicable, any notifications
given orally must be confirmed in writing. Although the Notice of Proposed
Maintenance Outage must include an expected completion date and time of the
outage, the outage may be extended when the original scope of work requires
more time than originally scheduled subject to notice of at least five days
where feasible. The qualifying facility must take all reasonable measures
consistent with Prudent Electrical Practices to minimize the frequency and
duration of Maintenance Outages.
(4) Forced Outages in standard power purchase
agreements. The qualifying facility must promptly notify the purchasing public
utility orally, via telephone to a number specified by the public utility (or
other method approved by the public utility), of any Forced Outage resulting in
more than ten percent of the Nameplate Capacity Rating of the Facility being
unavailable. This report from qualifying facility must include the amount of
the generation capacity of the Facility that will not be available because of
the Forced Outage and the expected return date of such generation capacity. The
qualifying facility must promptly update the report as necessary to advise the
purchasing public utility of changed circumstances. As soon as practicable, any
oral report of a Forced Outage must be confirmed in writing to the purchasing
public utility.
(5) Notice of
Emergency Deratings and Outages in standard power purchase agreements.
Notwithstanding the requirements of sections (2)-(4), the qualifying facility
will inform the purchasing public utility, via telephone to a number specified
by the purchasing public utility (or other method approved by public utility),
of any limitations, restrictions, deratings or outages reasonably predicted by
the qualifying facility to affect more than five percent of the Nameplate
Capacity Rating of the Facility for the following day and will promptly update
such notice to the extent of any material changes in this
information.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
ORS 758
Statutes/Other Implemented: ORS
756.040 & ORS
758.505-758.555
