Oregon Administrative Rules
Chapter 860 - PUBLIC UTILITY COMMISSION
Division 39 - NET METERING RULES
Section 860-039-0035 - Tier 2 Net Metering Interconnection Review

Universal Citation: OR Admin Rules 860-039-0035

Current through Register Vol. 63, No. 9, September 1, 2024

(1) A public utility must apply the following Tier 2 interconnection review procedure for an application to interconnect a net metering facility that meets the following criteria:

(a) The facility has a capacity of two megawatts or less; and

(b) The facility does not qualify for Tier 1 interconnection review procedures.

(2) The public utility must approve an application for interconnection under the Tier 2 interconnection review if the net metering facility meets the eligibility requirements in section (1) of this rule and the facility meets the Tier 2 interconnection screening criteria set forth at OAR 860-082-0050(2)(a)-(l).

(3) The public utility must perform an initial review of the proposed interconnection to determine whether the interconnection meets the applicable criteria. During this initial review, the public utility may, at its own expense, conduct any studies or tests it deems necessary to evaluate the proposed interconnection. Within 15 business days after notifying a Tier 2 applicant that the application is complete, the public utility must provide the applicant written notice of one of the following determinations:

(a) The net metering facility meets the applicable requirements and that interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within three business days after this notice, the public utility will provide the applicant with an executable interconnection agreement;

(b) The net metering facility failed to meet one or more of the applicable requirements, but the public utility determined that the net metering facility may nevertheless be interconnected consistent with safety, reliability, and power quality. In this case, the public utility will notify the applicant that the interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within five business days after this notice, the public utility will provide the applicant with an executable interconnection agreement; or

(c) The net metering facility failed to meet one or more of the applicable requirements, and that additional review would not enable the public utility to determine that the net metering facility could be interconnected consistent with safety, reliability, and power quality. In such a case, the public utility will notify the applicant that the interconnection application failed the screening criteria, including a list of additional information, or modifications to the net metering facility, or both, which would be required in order to obtain an approval under Tier 2 interconnection procedures.

(4) Process after screen failure. If the public utility cannot determine that the customer-generator may nevertheless be interconnected consistent with safety and reliability standards, at the time the public utility notifies the applicant of the Tier 2 review results the public utility shall provide the applicant with:

(a) The screen results including specific information on the reason(s) for failure in writing using a standard format approved by the Commission, and

(b) An executable Supplemental Review Agreement.

(c) In addition, the public utility shall allow the applicant to select one of the following, at the applicant's option:
(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(C) Continue evaluating the application under Tier 4.

(d) The applicant must notify the public utility of its selection under subsection (c) within 10 business days, or the application will be deemed withdrawn.

(5) Approval despite screen failure.

(a) Despite the failure of one or more screening criteria, the public utility, at its sole option, may approve the interconnection provided such approval is consistent with safety and reliability.

(b) If the public utility determines that the customer-generator can be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application.

(6) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant's request. At the applicant options meeting the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the net metering facility to connect safely and reliably.

(7) An applicant that receives an interconnection agreement under subsection (3)(a) or (3)(b) of this rule must:

(a) Execute the agreement and return it to the public utility at least 10 business days prior to starting operation of the net metering facility (unless the public utility does not so require); and

(b) Indicate to the public utility the anticipated start date for operation of the net metering facility.

(8) The public utility may require a public utility inspection of a net metering facility for compliance with these net metering rules prior to operation and may require and arrange for witness of commissioning tests as set forth in IEEE 1547 and IEEE 1547.1. The public utility must schedule any inspections or tests under this section promptly and within a reasonable time after submittal of the application. The applicant may not begin operating the net metering facility until after the inspection and testing is completed.

(9) Approval of interconnected operation of any Tier 2 net metering facility must be conditioned on all of the following occurring:

(a) Approval of the interconnection by the electrical code official with jurisdiction over the interconnection;

(b) Successful completion of any public utility inspection or witnessing, or both, of commissioning tests requested by the public utility; and

(c) Passing of the planned start date provided by the applicant.

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757

Statutes/Other Implemented: ORS 756.040 & ORS 757.300

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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