Oregon Administrative Rules
Chapter 860 - PUBLIC UTILITY COMMISSION
Division 84 - SOLAR PHOTOVOLTAIC PROGRAMS
Section 860-084-0240 - Standard Contracts
Universal Citation: OR Admin Rules 860-084-0240
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each electric company must file, for Commission approval, a separate standard contract for the net metering and competitive bidding volumetric incentive rate programs as part of its volumetric incentive rate tariff filing.
(a) The standard contract will establish an
agreement between the electric company and a retail electricity consumer under
which the electric company will make volumetric incentive rate payments to
participants for energy generated by solar photovoltaic systems installed in
the service territory of the electric company for a 15-year period. After the
initial 15-year period, the electric company may pay its prevailing avoided
cost for energy generated by the solar photovoltaic systems.
(b) Contracts under the solar photovoltaic
pilot programs may only be issued to retail electricity consumers of the
electric company; these consumers must be eligible to participate in the
pilots.
(2) Standard Contracts must include at least the following elements:
(a) Name and address of the retail
electricity consumer and the installation address of the eligible
system;
(b) Each standard contract
must be based on the volumetric incentive rate (bid option) or volumetric
incentive rate formula (net metering option) in place at the time of the
capacity reservation for the retail electricity consumer;
(c) Each standard contract must require a
retail electricity consumer installing capacity under the net metered option to
transfer generation in excess of eligible energy to the low income bill
assistance program of the electric company. Standard contracts must provide for
certification by the retail electricity consumer that they are eligible to make
wholesale sales of energy at market-based rates;
(d) Each standard contract must include a
date of initiation and a date of contract expiration. If mutually agreed upon
by the electric company and consumer, the contract may exceed 15
years;
(e) Each standard contract
must include a section to record retail electricity consumer certifications
that:
(A) Any investor in the qualifying
system has not accepted or will not accept incentives from the Energy Trust of
Oregon or Oregon state residential or business tax credits for the qualifying
system covered by the contract, and
(B) The system and its individual components
are new and have not been previously installed, and meet quality, reliability,
and installation criteria approved by the Commission;
(f) Each standard contract must include a
provision under which the retail electricity consumer agrees that the electric
company can release lists of all participants in the pilot programs to the
Oregon Department of Revenue, the Oregon Department of Energy, the Public
Utility Commission, and the Energy Trust of Oregon. The standard contract must
contain descriptions of the confidentiality requirements that those receiving
this information must follow;
(g)
Each standard contract must require the retail electricity consumer to agree to
complete up to three surveys on the effectiveness of the pilot programs in
order to remain eligible for participation in the pilot program. Each standard
contract must also include the retail electricity consumer's agreement that the
electric company may release information obtained from the surveys to the
Commission and the Energy Trust of Oregon;
(h) Monthly payments must be made directly to
the retail electricity consumer or to a qualifying assignee;
(i) Each standard contract must allow a
retail electricity consumer to assign payments to a single qualifying assignee.
Contracts must allow the retail electricity consumer to change the assignee at
any time during the contract term;
(j) Each standard contract must allow the
transfer of an existing retail electricity consumer's contract under the pilot
program to another retail electricity consumer eligible to contract with the
electric company under the pilot program, consistent with OAR
860-084-0130(3).
(k) Disclosure
that payments under the volumetric incentive rate bid option may be taxable as
income under Oregon and Federal Tax law and that an eligible system may be
subject to property tax in the State of Oregon;
(l) Name and business address of solar
installer or contractor, name and business address of system financer, and
description of the photovoltaic equipment package;.
(m) For net metered systems, participants
must certify that the system is sized such that their qualifying system
complies with OAR 860-084-0100(2)(e).
(3) A retail electricity consumer found by the Commission to have made a false certification is no longer eligible for the Volumetric Incentive Rate Pilot Programs and any contract entered under the Volumetric Incentive Rate Pilot Programs is void.
Stat Auth: ORS 757.360 - 757.380
Stats. Implemented: ORS 757.360 - 757.380
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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