[36 Pa.B. 7574]
[Saturday, December 16, 2006]
[Continued from previous Web Page] N. §§ 75.38 and 75.39. Level 2 and Level 3 Requests for Extension
The IRRC notes that both Level 2 and Level 3 reviews provide that a customer-generator may request an extension of time to sign an interconnection agreement and that the request may not be ''unreasonably denied'' by the EDC. The IRRC expresses its concern that the provisions do not provide any criteria for an EDC to use to establish the reasonableness of its actions.
The phrase that an EDC will not act to unreasonably deny a request for extension simply affirmatively states the proposition which runs throughout the standards that all participants will act in good faith. While the provisions at issue do not provide precise criteria, we do not believe that the phrase is so vague as to preclude an EDC from determining its meaning and acting accordingly. The provisions are very similar to the arbitrary and capricious standard that the Commission must follow. If an EDC has reservations, it can seek clarification through a request for opinion or a petition for declaratory order. It is anticipated that at worst, there will very rarely be any controversy over these provisions and, at best, no controversy at all. Accordingly, we will not modify the provisions.
O. § 75.40 Level 4 Interconnection Review
A small generator facility that does not qualify for a Level 1 or Level 2 review may request to be evaluated under Level 4 procedures. Evaluation under Level 4 may also pertain to interconnection requests where there is no desire for export capability to the EDC's distribution system. In addition, a Level 4 review may be used for interconnection on the load side of an area network for facilities with a nameplate capacity up to 10 kW, utilizing certified inverter-based equipment, with customer-generator installed reverse power relays and where the aggregated other generation on the area network does not exceed 5% of that network's maximum load.
Positions of the Parties
As part of comments filed in response to the Initial Staff Proposal of August 25, 2005, the SGC suggested eliminating the Level 4 review and addressing those applications under Level 2 reviews for non-exporting generators. The EAPA also commented that Level 4 reviews should be permissive rather than mandatory as provided in the Staff proposal. The EAPA commented that the permissive use of a Level 4 review was agreed to by the majority of the MADRI working group to allow the EDC the flexibility to permit an expedited interconnection review for an area network while preserving its ability to perform more detailed reviews when necessary. The Commission requested additional comments on these positions to clarify the technical aspects. It was noted that specific technical support for a stated position is crucial to the Commission's determination in these areas.
In response to the Commission's request, two parties, SGC and PECO, provided additional comments on this issue. SGC believes that the Level 4 review for larger generators that do not export power to the grid is a step in the right direction. However, SGC requests that the Commission remove all language from Level 4 procedures that do not deal with the larger non-exporting generators since it is confusing. PECO notes that Level 4 review must be permissive but not mandatory in nature.
Disposition
In their comments, the SGC, EAPA and PECO offer general statements concerning Level 4 review without providing technical support for their positions as requested by the Commission. There is no analysis showing the adverse impacts created by retaining Level 4 review as provided in the proposed regulations. Absent such an analysis, the Commission declines to remove or alter the Level 4 language.
P. § 75.40. Level 4 Interconnection Review
IRRC commented that § 75.40(c)(7)(i) provides for ''25 days'' for the conduct of an impact study. Other provisions specify time frames in ''business days.'' IRRC recommended that this provision be modified to be consistent with other timeframes. We will clarify this provision and provide for 25 calendar days.
CONCLUSION The modifications discussed herein address the concerns of the Parties and are in the public interest. We have reviewed all of the comments and, to the extent a Party's position was not adopted, it was nonetheless carefully considered. We wish to compliment all those who filed comments. They were helpful in arriving at a final rulemaking that is consistent with the Act, the Code and fulfills the Act's intent to remove barriers to interconnection and provide appropriate treatment to customer-generators who wish to interconnect to the distribution system.
Accordingly, under section 501 of the Public Utility Code, 66 Pa.C.S. § 501; section 5 of the Alternative Energy Portfolio Supply Act of 2004 (73 P. S. § 1648.5); sections 201 and 202 of the act of July 31, 1968 (P. L. 769 No. 240) (45 P. S. §§ 1201and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. 732.204(b)); section 5 of the Regulatory Review Act (71 P. S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the regulations promulgated thereunder at 4 Pa. Code §§ 7.23--7.234, the Commission adopts the regulations at 52 Pa. Code §§ 75.21--75.51, as noted above and as set forth in Annex A, attached hereto; Therefore,
It Is Ordered that:
1. The regulations of Commission, 52 Pa. Code, are amended by adding §§ 75.21, 75.31--75.35 and 75.51 to read as set forth at 36 Pa.B. 942; and by adding §§ 75.22 and 75.36--75.40 to read as set forth in Annex A.
2. The Secretary shall submit this order, 36 Pa.B. 942 and Annex A for review by the designated standing committees of both houses of the General Assembly, and for review and approval by IRRC.
3. The Secretary shall submit this order, 36 Pa.B. 942 and Annex A to the Office of Attorney General for approval as to legality.
4. The Secretary shall submit this order, 36 Pa.B. 942 and Annex A to the Governor's Budget Office for review of fiscal impact.
5. The Secretary shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. A copy of this order, 36 Pa.B. 942 and Annex A be served upon the Department of Environmental Protection, all jurisdictional electric utility companies, licensed electric generation suppliers, the Office of Consumer Advocate, the Office of Small Business Advocate and all Parties filing comments in this proceeding.
7. These regulations shall become effective upon publication in the Pennsylvania Bulletin.
8. The contact persons for this rulemaking are Greg Shawley, Bureau of Conservation, Economics and Energy Planning, 717-787-5369 (technical), and H. Kirk House, Office of Special Assistants, 717-772-8495 (legal).
JAMES J. MCNULTY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7082 (November 18, 2006).)
Fiscal Note: Fiscal note 57-245 remains valid for the final adoption of the subject regualations.
Public Meeting held
September 15, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Final Rulemaking Re Interconnection Standards for Customer-generators pursuant to Section 5 of the Alternative Energy Portfolio Standards Act, 73 P. S. § 1648.5; L-00050175
Implementation of the Alternative Energy Portfolio Standards Act of 2004: Interconnection Standards; M-00051865
Final Rulemaking Order--Reconsideration By the Commission:
On August 22, 2006, we entered our Final Rulemaking Order at these dockets regarding Interconnection Standards in accordance with the Alternative Energy Portfolio Standards Act of 2004, 73 P. S. §§ 1648.1--1648.8 (Final Rulemaking Order). Upon further review of the Final Rulemaking Order, and the Annex A attached thereto, it appears that several corrections to Annex A are required to conform the regulations to the text of the Order and the intent of the Regulation.
Four corrections will be made. First, Section 75.22, relating to definitions, contains a definition for Interconnection Agreement and a definition for Standard Small Generator Interconnection Agreement. The definition for Interconnection Agreement is a fairly basic definition and does not reference any of the review screens. The definition for Standard Small Generator Interconnection Agreement specifically states that it applies to the review screens for Levels 2, 3 and 4. However, Section 75.37 fails to indicate any requirement for an Interconnection Agreement for Level 1 applications. We will correct the Regulation by deleting the definition for Interconnection Agreement, revise the definition for Standard Small Generator Interconnection Agreement to apply to all screens and expressly provide for an Interconnection Agreement for Level 1 applications by adding § 75.37(c)(4)(iv).
The second correction involves the installation of the lock box provided for in § 75.36(10). The Final Rulemaking Order provides that the customer-generator is responsible for installation of the lock box provided by the Electric Distribution Company (EDC). (Final Rulemaking Order at 35). Section 75.36(10) of the Regulation provides that the EDC will both provide and install the lock box. The intent of the Regulation is consistent with the text in the Final Rulemaking Order, accordingly, § 75.36(10) will be modified to provide that the customer-generator will install the lock box provided by the EDC.
The third correction relates to § 75.38(b)(1). That Section provides that the aggregated generation on a radial distribution circuit may not exceed 15% of ''the line section annual peak load as most recently measured at the sub station.'' (Emphasis supplied). Because of the definition of ''line section'' in § 75.22, measurement of load for purposes of this section will rarely, if ever, take place at a sub station. Accordingly, we will modify § 75.38(b)(1) to delete the phrase ''as most recently measured at the sub station.'' By deleting this phrase, the modified Section will retain the upper limit of aggregated generation and measurement of load will take place on the line section involved in the interconnection.
The fourth modification involves § 75.39 (a)(1) of the Regulation. The current section provides that the Level 3 screen applies to small generator facilities that have an electric nameplate capacity ''that is less than 2 MW.'' The entire Regulation is designed to apply to interconnections for customer-generators as defined by the Alternative Energy Portfolio Standards Act. That nameplate capacity limit is 2 MW or less. We will modify § 75.39(a)(1) of the Regulation to be consistent with the statutory capacity limit.
CONCLUSION Pursuant to Section 703(g) of the Public Utility Code, 66 Pa.C.S. § 703(g), we have reconsidered our Final Rulemaking Order entered August 22, 2006, at these Dockets and determined that the modifications discussed herein are in the public interest.
Accordingly, under section 501 of the Public Utility Code, 66 Pa.C.S. § 501; section 5 of the Alternative Energy Portfolio Supply Act of 2004 (73 P. S. § 1648.5); sections 201 and 202 of the act of July 31, 1968 (P. L. 769 No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 5 of the Regulatory Review Act (71 P. S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P. S. § 232) and the regulations promulgated thereunder at 4 Pa. Code §§ 7.231--7.234, the Commission adopts the regulations at 52 Pa. Code §§ 75.21--75.51, as noted in our Final Rulemaking Order entered August 22, 2006, as modified herein and as set forth in Annex A, attached hereto; Therefore,
It Is Ordered that:
1. The order entered August 22, 2006, at this docket is modified consistent with this order and as set forth in Annex A.
2. A copy of this order, 36 Pa.B. 942 and Annex A be served upon the Department of Environmental Protection, all jurisdictional electric utility companies, licensed electric generation suppliers, the Office of Consumer Advocate, the Office of Small Business Advocate and all Parties filing comments in this proceeding.
3. The contact persons for this rulemaking are Greg Shawley, Bureau of Conservation, Economics and Energy Planning, (717) 787-5369 (technical), and H. Kirk House, Office of Special Assistants, (717) 772-8495 (legal).
JAMES J. MCNULTY,
Secretary
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 75. ALTERNATIVE ENERGY PORTFOLIO STANDARDS
Subchapter C. INTERCONNECTION STANDARDS
GENERAL § 75.22. Definitions.
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:
Adverse system impact--A negative effect, due to technical or operational limits on conductors or equipment being exceeded, that compromises the safety and reliability of the electric distribution system.
Anti-islanding--The protective function which prevents electrical generating equipment from exporting electrical energy when connected to a de-energized electrical system.
Applicant--A person who has submitted an interconnection request to interconnect a small generator facility to an EDC's electric distribution system, also referred to as the interconnection customer.
Area network--
(i) A type of electric distribution system served by multiple transformers interconnected in an electrical network circuit, which is generally used in large metropolitan areas that are densely populated.
(ii) The term has the same meaning as the term ''distribution secondary grid network'' as stated in IEEE Standard 1547 Section 4.1.4 (published July 2003), as amended and supplemented.
Center tapped neutral transformer--A transformer with a tap in the middle of the secondary winding, usually used as a grounded neutral connection, intended to provide an option for the secondary side to use the full available voltage output or just half of it according to need.
Certificate of completion--A certificate in a form approved by the Commission containing information about the interconnection equipment to be used, its installation and local inspections.
Certified--A designation that the interconnection equipment to be used by a customer-generator complies with the following standards, as applicable:
(i) IEEE Standard 1547, ''Standard for Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented.
(ii) UL Standard 1741, ''Inverters, Converters and Controllers for use in Independent Power Systems'' (January 2001), as amended and supplemented.
Distribution upgrade--A required addition or modification to the EDC's electric distribution system at or beyond the point of interconnection. Distribution upgrades do not include interconnection facilities.
Draw-out type circuit breaker--A switching device capable of making, carrying and breaking currents under normal circuit conditions and also, making and carrying for a specified time and breaking currents under specified abnormal circuit conditions, such as those of a short circuit. A draw-out circuit breaker has two parts, the base, which is bolted and wired to the frame and the actual breaker, which slides into and electrically mates with the base. A draw-out circuit breaker can be physically removed from its enclosure creating a visible break in the circuit.
Electric distribution system--
(i) The facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which electric distribution systems operate differ among areas but generally carry less than 69 kilovolts of electricity.
(ii) Electric distribution system has the same meaning as the term Area EPS, as defined in 3.1.6.1 of IEEE Standard 1547.
Electric nameplate capacity--The net maximum or net instantaneous peak electric output capability measured in volt-amps of a small generator facility as designated by the manufacturer.
Equipment package--A group of components connecting an electric generator with an electric delivery system, and includes all interface equipment including switchgear, inverters or other interface devices. An equipment package may include an integrated generator or electric source.
Fault current--The electrical current that flows through a circuit during an electrical fault condition. A fault condition occurs when one or more electrical conductors contact ground or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase. Often, a fault current is several times larger in magnitude than the current that normally flows through a circuit.
IEEE standard 1547--The Institute of Electrical and Electronics Engineers, Inc. (IEEE) Standard 1547 (2003) ''Standard for Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented, at the time the interconnection request is submitted.
IEEE standard 1547.1--The IEEE Standard 1547.1 (2005) ''Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented, at the time the interconnection request is submitted.
Interconnection customer--An entity that proposes to interconnect a small generator facility to an electric distribution system.
Interconnection equipment--A group of components or integrated system connecting an electric generator with an electric distribution system that includes all interface equipment including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.
Interconnection facilities--Facilities and equipment required by the EDC to interconnect the small generator facility and the interconnection customer's interconnection equipment. Collectively, interconnection facilities include the facilities and equipment between the small generator facility and the point of common coupling, including any modification, additions that are necessary to physically and electrically interconnect the small generator facility to the EDC's electric distribution system. Interconnection facilities are sole use facilities and do not include electric distribution system upgrades.
Interconnection facilities study--A study conducted by the EDC or a third party consultant for the interconnection customer to determine a list of facilities (including EDC's interconnection facilities and required distribution upgrades to the electric distribution system as identified in the interconnection system impact study), the cost of those facilities, and the time required to interconnect the small generator facility with the EDC's electric distribution system.
Interconnection facilities study agreement--An agreement in a form approved by the Commission which details the terms and conditions under which an EDC will conduct an interconnection facilities study.
Interconnection feasibility study--A preliminary evaluation of the system impact and cost of interconnecting the small generator facility to the EDC's electric distribution system.
Interconnection feasibility study agreement--An agreement in a form approved by the Commission which details the terms and conditions under which an EDC will conduct an interconnection feasibility study.
Interconnection request--An interconnection customer's request, in a form approved by the Commission, requesting the interconnection of a new small generator facility, or to increase the capacity or operating characteristics of an existing small generator facility that is interconnected with the EDC's electric distribution system.
Interconnection study--Any of the following studies:
(i) The Interconnection Feasibility Study.
(ii) The Interconnection System Impact Study.
(iii) The Interconnection Facilities Study.
Interconnection system impact study--An engineering study that evaluates the impact of the proposed interconnection on the safety and reliability of an EDC's electric distribution system.
Interconnection system impact study agreement--An agreement in a form approved by the Commission which details the terms and conditions under which an EDC will conduct an interconnection system impact study.
Line section--That portion of an EDC's distribution system connected to an interconnection customer, bounded by automatic sectionalizing devices or the end of the distribution line.
Minor equipment modification--Changes to the proposed small generator facility that do not have a material impact on safety or reliability of the electric distribution system.
NRTL--Nationally recognized testing laboratory--A qualified private organization that meets the requirements of the Occupational Safety and Health Administration's (OSHA) regulations. NRTLs perform independent safety testing and product certification. Each NRTL must meet the requirements as set forth by OSHA in the NRTL program.
Parallel operation-parallel--The state of operation which occurs when a small generator facility is connected electrically to the electric distribution system and the potential exists for electricity to flow from the small generator facility to the electric distribution system.
Point of common coupling--The point where the customer's interconnection equipment connects to the electric distribution system at which harmonic limits or other operational characteristics (IEEE Standard 1547 requirements) are applied.
Point of interconnectio--The point where the interconnection equipment connects to the EDC's electric distribution system.
Queue position--The order of a valid interconnection request, relative to all other pending valid interconnection requests, that is established based upon the date and time of receipt of the valid interconnection request by the EDC.
Radial distribution circuit--A system in which independent feeders branch out radially from a common source of supply. from the standpoint of a utility system, the area described is between the generating source or intervening substations and the customer's entrance equipment. A radial distribution system is the most common type of connection between a utility and load in which power flows in one direction, from the utility to the load.
SGIA--Standard small generator interconnection agreement--A set of standard forms of interconnection agreements approved by the Commission which is applicable to interconnection requests pertaining to a small generating facilities.
Scoping meeting--A meeting between representatives of the interconnection customer and EDC conducted for the purpose of discussing alternative interconnection options, exchanging information including any electric distribution system data and earlier study evaluations that would be reasonably expected to impact interconnection options, analyzing information, and determining the potential feasible points of interconnection.
Secondary line--A service line subsequent to the utility's primary distribution line, also referred to as the customer's service line.
Small generator facility--The equipment used by an interconnection customer to generate, or store electricity that operates in parallel with the electric distribution system. A small generator facility typically includes an electric generator, prime mover, and the interconnection equipment required to safely interconnect with the electric distribution system.
Spot network--The term has the same meaning as the term ''spot network'' under IEEE Standard 1547 Section 4.1.4, (published July 2003), as amended and supplemented. As of August, 2005, IEEE Standard 1547 defined ''Spot Network'' as ''a type of electric distribution system that uses two or more inter-tied transformers to supply an electrical network circuit.'' A spot network is generally used to supply power to a single customer or a small group of customers.
UL Standard 174--Underwriters Laboratories' standard titled ''Inverters Converters, and Controllers for Use in Independent Power Systems,'' as amended and supplemented.
Witness test--The EDC's interconnection installation evaluation required by IEEE Standard 1547 Section 5.3 and the EDC's witnessing of the commissioning test required by IEEE Standard 1547 Section 5.4. For interconnection equipment that has not been certified, the witness test shall also include the witnessing by the EDC of the onsite design tests as required by IEEE Standard1547 Section 5.1 and witnessing by the EDC of production tests required by IEEE Standard 1547 Section 5.2. Tests witnessed by the EDC are to be performed in accordance with IEEE Standard 1547.1
INTERCONNECTION PROVISIONS § 75.36. Additional general requirements.
Additional general requirements include:
(1) When an interconnection request is for a small generator facility that includes multiple energy production devices at a site for which the interconnection customer seeks a single point of interconnection, the interconnection request shall be evaluated on the basis of the aggregate electric nameplate capacity of multiple devices.
(2) When an interconnection request is for an increase in capacity for an existing small generator facility, the interconnection request shall be evaluated on the basis of the new total electric nameplate capacity of the small generator facility.
(3) An EDC shall maintain records of:
(i) The total interconnection requests received.
(ii) The number of days required to complete interconnection request approvals and disapprovals.
(iii) The number of interconnection requests denied or moved to another review level.
(iv) The justifications for the actions taken on the interconnection requests.
(v) The number of requests that were not processed within the timelines established in this subchapter.
(4) An EDC shall provide a report to the Commission containing the information required in paragraph (3) within 30 calendar days of the close of each annualized period. The EDC shall keep the records on file for a minimum of 3 years.
(5) Each EDC shall establish the specific mailing address and email address to which interconnection requests and questions shall be sent. These designated addresses shall be placed in the EDC's tariff and on its website. An EDC shall designate a contact person from whom information on the interconnection request and the EDC's electric distribution system can be obtained through informal requests regarding a proposed project. The information must include studies and other materials useful to an understanding of the feasibility of interconnecting a small generator facility at a particular point on the EDC's electric distribution system, except to the extent providing the materials would violate security requirements or confidentiality agreements, or be contrary to law or State or Federal regulations. In appropriate circumstances, the EDC may require confidentiality prior to release of this information.
(6) When an interconnection request is deemed complete, a modification other than a minor equipment modification that is not agreed to in writing by the EDC, shall require submission of a new interconnection request.
(7) When an interconnection customer is not currently a customer of the EDC, upon request from the EDC, the interconnection customer shall provide proof of site control evidenced by a property tax bill, deed, lease agreement or other legally binding contract.
(8) To minimize the costs to customer-generators, an EDC may propose to interconnect more than one small generator facility at a single point of interconnection when a customer-generator requests a single point of interconnection for multiple generation facilities, the EDC may not unreasonably refuse a request to do so. When an EDC proposes a single interconnection point for multiple generation facilities of a customer-generator, and the customer-generator elects not to accept and the EDC's proposal, the customer-generator shall pay the entire cost of a separate point of interconnection for each generation facility.
(9) Small generator facilities shall be capable of being isolated from the EDC by means of a lockable, visible-break isolation device accessible by the EDC. The isolation device shall be installed, owned and maintained by the owner of the small generation facility and located between the small generation facility and the point of interconnection. A draw-out type circuit breaker with a provision for padlocking at the draw-out position can be considered an isolation device for purposes of this requirement.
(10) An interconnection customer may elect to provide the EDC access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the EDC, by installing a lockbox provided by the EDC that shall provide ready access to the isolation device. The interconnection customer shall install the lockbox in a location that is readily accessible by the EDC and the interconnection customer shall permit the EDC to affix a placard in a location of its choosing that provides clear instructions to EDC operating personnel on access to the isolation device.
§ 75.37. Level 1 interconnection review.
(a) An EDC shall use the Level 1 interconnection review procedure for an interconnection request that meets the criteria in § 75.34(1) (relating to review procedures). An EDC may not impose additional requirements for Level 1 reviews not specifically authorized under this subchapter.
(b) The Level 1 screening criteria must consist of:
(1) For interconnection of a proposed small generator facility to a radial distribution circuit, the aggregated generation on the circuit, including the proposed small generator facility, may not exceed 15% of the line section annual peak load as most recently measured at the sub station.
(2) For interconnection of a proposed small generator facility to the load side of spot network protectors, the proposed small generator facility shall utilize an inverter-based equipment package. The customer interconnection equipment proposed for the small generator facility must be certified, and when aggregated with other generation, may not exceed 5% of the spot network's maximum load.
(3) When a proposed small generator facility is to be interconnected on a single-phase shared secondary line, the aggregate generation capacity on the shared secondary line, including the proposed small generator facility, may not exceed 20 KW.
(4) When a proposed small generator facility is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.
(5) Construction of facilities by the EDC on its own system is not required to accommodate the small generator facility.
(c) The Level 1 interconnection review procedure must consist of:
(1) An EDC shall, within 10 business days after receipt of the interconnection request, inform the applicant that the interconnection request is complete or incomplete and what materials are missing.
(2) The EDC shall, within 15 business days after the end of the 10 business days noted in paragraph (1), verify that the small generator facility equipment can be interconnected safely and reliably using Level 1 screens. When an EDC does not have a record of receipt of the interconnection request, and the applicant can demonstrate that the original interconnection request was delivered, the EDC shall expedite its review to complete the evaluation of the interconnection request within 15 days of the applicant's resubmittal.
(3) Upon notice, within 10 business days after receipt of the certificate of completion, an EDC may conduct a witness test at a mutually convenient time. If the EDC does not conduct the witness test within 10 business days or within the time otherwise mutually agreed to by the parties, the witness test is deemed waived.
(4) Unless an EDC determines and demonstrates that a small generator facility cannot be interconnected safely and reliably, the EDC shall approve the interconnection request form subject to the following conditions:
(i) The small generator facility has been approved by local or municipal electric code officials with jurisdiction over the interconnection.
(ii) A certificate of completion has been returned to the EDC. Completion of local inspections may be designated on inspection forms used by local inspecting authorities.
(iii) The witness test has been successfully completed or waived.
(iv) The interconnection customer has signed a standard small generator interconnection agreement. When an interconnection customer does not sign the agreement within 30 business days after receipt from the EDC, the interconnection request will be deemed withdrawn unless the interconnection customer requests to have the deadline extended. The request for extension may not be unreasonably denied by the EDC.
(5) When a small generator facility is not approved under a Level 1 review, the interconnection customer may submit a new interconnection request for consideration under Level 2, Level 3 or Level 4 procedures specified in this chapter without sacrificing the applicant's original queue position.
§ 75.38. Level 2 interconnection review.
(a) An EDC shall use the Level 2 interconnection review procedure for an interconnection request that meets the criteria in § 75.34(2) (relating to review procedures). An EDC may not impose additional requirements for Level 2 reviews not specifically authorized under this subchapter.
(b) The Level 2 screening criteria must consist of:
(1) For interconnection of a proposed small generator facility to a radial distribution circuit, the aggregated generation on the circuit, including the proposed small generator facility, may not exceed 15% of the line section annual peak load.
(2) For interconnection of a proposed small generator facility to the load side of spot network protectors, the proposed small generator facility shall utilize an inverter-based equipment package. The customer interconnection equipment proposed for the small generator facility must be certified and, when aggregated with other generation, may not exceed 5% of a spot network's maximum load.
(3) The proposed small generator facility, in aggregation with other generation on the distribution circuit, may not contribute more than 10 % to the distribution circuit's maximum fault current at the point on the primary voltage distribution line nearest the point of common coupling.
(4) The proposed small generator facility, in aggregate with other generation on the distribution circuit, may not cause any distribution protective devices and equipment (including substation breakers, fuse cutouts, and line reclosers), or other customer equipment on the electric distribution system to be exposed to fault currents exceeding 85% of the short circuit interrupting capability. The interconnection request may not request interconnection on a circuit that already exceeds 85% of the short circuit interrupting capability.
(5) The proposed small generator facility's point of interconnection may not be on a transmission line.
(6) When a customer-generator facility is to be connected to 3 phase, 3 wire primary EDC distribution lines, a 3 phase or single-phase generator shall be connected phase-to-phase.
(7) When a customer-generator facility is to be connected to 3 phase, 4 wire primary EDC distribution lines, a 3 phase or single phase generator will be connected line-to-neutral and will be effectively grounded.
(8) This Level 2 screen includes a review of the type of electrical service provided to the interconnection customer, including line configuration and the transformer connection to limit the potential for creating over voltages on the EDC's electric distribution system due to a loss of ground during the operating time of any anti-islanding function.
(9) When the proposed small generator facility is to be interconnected on single-phase shared secondary line, the aggregate generation capacity on the shared secondary line, including the proposed small generator facility, will not exceed 20 kW.
(10) When a proposed small generator facility is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.
(11) A small generator facility, in aggregate with other generation interconnected to the distribution side of a substation transformer feeding the circuit where the small generator facility proposes to interconnect, may not exceed 2 MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (for example, three or four distribution busses from the point of interconnection).
(12) Except as permitted by an additional review under the standard small generator interconnection agreement, no construction of facilities by an EDC on its own system will be required to accommodate the small generator facility.
(c) The Level 2 interconnection procedure must consist of the following:
(1) An EDC shall, within 10 business days after receipt of the interconnection request, inform the applicant that the interconnection request is complete or incomplete and what materials are missing.
(2) When an EDC determines additional information is required to complete an evaluation, the EDC shall request the information. The time necessary to complete the evaluation may be extended, but only to the extent of the delay required for receipt of the additional information. The EDC may not revert to the start of the review process or alter the interconnection customer's queue position.
(3) When an interconnection request is complete, the EDC shall assign a queue position. The queue position of the interconnection request shall be used to determine the potential adverse system impact of the small generator facility based on the relevant screening criteria. The EDC shall schedule a scoping meeting to notify the interconnection customer about other higher-queued interconnection customers on the same substation bus or spot network for which interconnection is sought.
(4) Within 20 business days after the EDC notifies the interconnection customer it has received a completed interconnection request, the EDC shall:
(i) Evaluate the interconnection request using the Level 2 screening criteria.
(ii) Review the interconnection customer's analysis, if provided by interconnection customer, using the same criteria.
(iii) Provide the interconnection customer with the EDC's evaluation, including a comparison of the results of its own analyses with those of interconnection customer, if applicable. When an EDC does not have a record of receipt of the interconnection request and the applicant can demonstrate that the original interconnection request was delivered, the EDC shall expedite its review to complete the evaluation of the interconnection request within 20 business days of the applicant's resubmittal.
(5) Upon notice within 10 business days after receipt of the certificate of completion, the EDC may conduct a witness test at a mutually convenient time. If the EDC does not conduct the witness test within 10 business days or within the time otherwise mutually agreed to by the parties, the witness test is deemed waived.
(d) When an EDC determines that the interconnection request passes the Level 2 screening criteria, or fails one or more of the Level 2 screening criteria but determines that the small generator facility can be interconnected safely and reliably, it shall provide the interconnection customer a standard small generator interconnection agreement within 5 business days after the determination.
(e) Additional review may be appropriate when a small generator facility has failed to meet one or more of the Level 2 screens. An EDC shall offer to perform additional review to determine whether minor modifications to the electric distribution system would enable the interconnection to be made consistent with safety, reliability and power quality criteria. The EDC shall provide the applicant with a nonbinding, good faith estimate of the costs of additional review and minor modifications. The EDC shall undertake the additional review or modifications only after the applicant consents to pay for the review and modifications.
(f) An interconnection customer shall have 30 business days or another mutually agreeable time frame after receipt of the standard small generator interconnection agreement to sign and return the agreement. When an interconnection customer does not sign the agreement within 30 business days, the interconnection request will be deemed withdrawn unless the interconnection customer requests to have the deadline extended. The request for extension may not be unreasonably denied by the EDC. When construction is required, the interconnection of the small generator facility will proceed according to any milestones agreed to by the parties in the standard small generator interconnection agreement. The interconnection agreement may not become final until:
(1) The milestones agreed to in the standard small generator interconnection agreement are satisfied.
(2) The small generator facility is approved by electric code officials with jurisdiction over the interconnection.
(3) The interconnection customer provides a certificate of completion to the EDC. Completion of local inspections may be designated on inspection forms used by local inspecting authorities.
(4) There is a successful completion of the witness test, unless waived.
(g) If the small generator facility is not approved under a Level 2 review, the interconnection customer may submit a new interconnection request for consideration under a Level 3 or Level 4 interconnection review; however, the queue position assigned to the Level 2 interconnection request shall be retained.
§ 75.39. Level 3 interconnection review.
(a) Each EDC shall adopt the Level 3 interconnection review procedure in this section. An EDC shall use the Level 3 review procedure to evaluate interconnection requests that meet the following criteria and for interconnection requests considered but not approved under a Level 2 or a Level 4 review if the interconnection customer submits a new interconnection request for consideration under Level 3:
(1) The small generator facility has an electric nameplate capacity that is 2 MW or less.
(2) The small generator facility is less than 2 MW and not certified.
(3) The small generator facility is less than 2 MW and noninverter based.
(b) The Level 3 interconnection review process shall consist of the following:
(1) By mutual agreement of the parties, the scoping meeting, interconnection feasibility study, interconnection impact study or interconnection facilities studies under Level 3 procedures may be waived.
(2) Within 10 business days from receipt of an interconnection request, the EDC shall notify the interconnection customer whether the request is complete. When the interconnection request is not complete, the EDC shall provide the interconnection customer a written list detailing information that shall be provided to complete the interconnection request. The interconnection customer shall have 10 business days to provide appropriate data to complete the interconnection request or the interconnection request will be considered withdrawn. The parties may agree to extend the time for receipt of the additional information. The interconnection requestshall be deemed complete when the required information has been provided by the interconnection customer, or the parties have agreed that the interconnection customer may provide additional information at a later time.
(3) When an interconnection request is complete, the EDC shall assign a queue position. The queue position of an interconnection request shall be used to determine the cost responsibility necessary for the facilities to accommodate the interconnection. The EDC shall notify the interconnection customer at the scoping meeting about other higher-queued interconnection customers.
(4) A scoping meeting will be held within 10 business days, or as agreed to by the parties, after the EDC has notified the interconnection customer that the interconnection request is deemed complete, or the interconnection customer has requested that its interconnection request proceed after failing the requirements of a Level 2 review or Level 4 review. The purpose of the meeting must be to review the interconnection request, existing studies relevant to the interconnection request, and the results of the Level 1, Level 2 or Level 4 screening criteria.
(5) When the parties agree at a scoping meeting that an interconnection feasibility study shall be performed, the EDC shall provide to the interconnection customer, no later than 5 business days after the scoping meeting, an interconnection feasibility study agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.
(6) When the parties agree at a scoping meeting that an interconnection feasibility study is not required, the EDC shall provide to the interconnection customer, no later than 5 business days after the scoping meeting, an interconnection system impact study agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.
(7) When the parties agree at the scoping meeting that an interconnection feasibility study and system impact study are not required, the EDC shall provide to the interconnection customer, no later than 5 business days after the scoping meeting, an interconnection facilities study agreement including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.
(c) An interconnection feasibility study must include the following analyses for the purpose of identifying a potential adverse system impact to the EDC's electric distribution system that would result from the interconnection:
(1) Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection.
(2) Initial identification of any thermal overload or voltage limit violations resulting from the interconnection.
(3) Initial review of grounding requirements and system protection.
(4) Description and nonbinding estimated cost of facilities required to interconnect the small generator facility to the EDC's electric distribution system in a safe and reliable manner.
(5) When an interconnection customer requests that the interconnection feasibility study evaluate multiple potential points of interconnection, additional evaluations may be required. Additional evaluations shall be paid by the interconnection customer.
(6) An interconnection system impact study is not required when the interconnection feasibility study concludes there is no adverse system impact, or when the study identifies an adverse system impact, but the EDC is able to identify a remedy without the need for an interconnection system impact study.
(7) The parties shall use a form of interconnection feasibility study agreement approved by the Commission.
(d) An interconnection system impact study must evaluate the impact of the proposed interconnection on the safety and reliability of the EDC's electric distribution system. The study must identify and detail the system impacts that result when a small generator facility is interconnected without project or system modifications, focusing on the adverse system impacts identified in the interconnection feasibility study; or potential impacts including those identified in the scoping meeting. The study must consider all generating facilities that, on the date the interconnection system impact study is commenced, are directly interconnected with the EDC's system, have a pending higher queue position to interconnect to the system, or have a signed interconnection agreement.
(1) An interconnection system impact study must:
(i) Consider the following criteria:
(A) A short circuit analysis.
(B) A stability analysis.
(C) Voltage drop and flicker studies.
(D) Protection and set point coordination studies.
(E) Grounding reviews.
(ii) State the underlying assumptions of the study.
(iii) Show the results of the analyses.
(iv) List any potential impediments to providing the requested interconnection service.
(v) Indicate required distribution upgrades and provide a nonbinding good faith estimate of cost and time to construct the upgrades.
(2) A distribution interconnection system impact study shall be performed when a potential distribution system adverse system impact is identified in the interconnection feasibility study. The EDC shall send the interconnection customer an interconnection system impact study agreement within 5 business days of transmittal of the interconnection feasibility study report. The agreement will include an outline of the scope of the study and a good faith estimate of the cost to perform the study. The study must include:
(i) A load flow study.
(ii) An analysis of equipment interrupting ratings.
(iii) A protection coordination study.
(iv) Voltage drop and flicker studies.
(v) Protection and set point coordination studies.
(vi) Grounding reviews.
(vii) Impact on system operation.
(3) The parties shall use an interconnection impact study agreement or a distribution interconnection impact study as approved by the Commission.
(e) The interconnection facilities study shall be conducted as follows:
(1) Within 5 business days of completion of the interconnection system impact study, a report will be transmitted to the interconnection customer with an interconnection facilities study agreement, which includes an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.
(2) The interconnection facilities study shall estimate the cost of the equipment, engineering, procurement and construction work, including overheads, needed to implement the conclusions of the interconnection feasibility study and the interconnection system impact study to interconnect the small generator facility. The interconnection facilities study must identify:
(i) The electrical switching configuration of the equipment, including transformer, switchgear, meters and other station equipment.
(ii) The nature and estimated cost of the EDC's interconnection facilities and distribution upgrades necessary to accomplish the interconnection.
(iii) An estimate of the time required to complete the construction and installation of the facilities.
(3) The parties may agree to permit an interconnection customer to separately arrange for a third party to design and construct the required interconnection facilities. The EDC may review the design of the facilities under the interconnection facilities study agreement. When the parties agree to separately arrange for design and construction, and to comply with security and confidentiality requirements, the EDC shall make all relevant information and required specifications available to the interconnection customer to permit the interconnection customer to obtain an independent design and cost estimate for the facilities, which must be built in accordance with the specifications.
(4) Upon completion of the interconnection facilities study, and with the agreement of the interconnection customer to pay for the interconnection facilities and distribution upgrades identified in the interconnection facilities study, the EDC shall provide the interconnection customer with a standard small generator interconnection agreement within 5 business days.
(5) The parties shall use an interconnection facility study agreement approved by the Commission.
(f) When an EDC determines, as a result of the studies conducted under Level 3 review, that it is appropriate to interconnect the small generator facility, the EDC shall provide the interconnection customer with a standard small generator interconnection agreement. If the interconnection request is denied, the EDC shall provide a written explanation.
(g) Upon providing notice within 10 business days after receipt of the certificate of completion, the EDC may conduct a witness test at a mutually convenient time. If the EDC does not conduct the witness test within 10 business days, or within the time otherwise mutually agreed to by the parties, the witness test is deemed waived.
(h) An interconnection customer shall have 30 business days, or another mutually agreeable time frame after receipt of the standard small generator interconnection agreement to sign and return the agreement. When an interconnection customer does not sign the agreement within 30 business days, the interconnection request will be deemed withdrawn unless the interconnection customer requests to have the deadline extended. The request for extension may not be unreasonably denied by the EDC. When construction is required, the interconnection of the small generator facility shall proceed according to milestones agreed to by the parties in the standard small generator interconnection agreement. The interconnection agreement may not be final until:
(1) The milestones agreed to in the standard small generator interconnection agreement are satisfied.
(2) The small generator facility is approved by electric code officials with jurisdiction over the interconnection.
(3) The interconnection customer provides a certificate of completion to the EDC. Completion of local inspections may be designated on inspection forms used by local inspecting authorities.
(4) There is a successful completion of the witness test, unless waived.
§ 75.40. Level 4 interconnection review.
(a) Interconnection customers desiring to interconnect a small generator facility that does not qualify for a Level 1 or Level 2 review may request to be evaluated under Level 4 procedures.
(b) When an interconnection request is complete, the EDC shall assign a queue position. The queue position of each interconnection request will be used to determine the potential adverse system impact of the small generator facility based on the relevant screening criteria. The EDC shall schedule a scoping meeting to notify the interconnection customer about other higher-queued interconnection customers on the same substation bus or area network to which the interconnection customer seeks interconnection.
(c) When an interconnection customer submits an interconnection request to be interconnected to the load side of an area network, the EDC, notwithstanding any conflicting requirements in IEEE Standard 1547, shall use the following procedures:
(1) When a small generator facility is less than or equal to 10 kW, the EDC shall use the review procedures for a Level 4 review, when the small generator facility meets the following criteria:
(i) The electric nameplate capacity of the small generator facility is equal to or less than 10 kW.
(ii) The proposed small generator facility utilizes a certified inverter-based equipment package for interconnection.
(iii) The customer-generator installs reverse power relays or other protection functions, or both, that prevent power flow beyond the point of interconnection.
(iv) The aggregated other generation on the area network does not exceed 5% of an area network's maximum load.
(2) Construction of facilities by the EDC on its own system is not required to accommodate the small generator facility.
(3) The proposed small generator facility meeting the criteria under paragraph (1) shall be presumed appropriate for interconnecting to an area network and shall be further evaluated by the EDC based on the following procedures:
(i) The EDC shall evaluate an interconnection request under Level 1 interconnection review procedures. The EDC shall have 20 business days to conduct an area network impact study to determine potential adverse impacts of interconnecting to the EDC's area network.
(ii) When an area network impact study identifies potential adverse system impacts, the EDC may determine that it is inappropriate for the small generator facility to interconnect to the area network and the interconnection request shall be denied. The interconnection customer may elect to submit a new interconnection request for consideration under Level 3 procedures. The queue position assigned to the Level 4 interconnection request shall be retained.
(iii) An EDC shall conduct the area network impact study at its own expense.
(4) When an EDC denies an interconnection request, the EDC shall provide the interconnection customer with a copy of the area network impact study and a written justification for denying the interconnection request.
(5) When a small generator facility is greater than 10 kW and equal to or less than 50 kW, an EDC shall use the review procedures set forth for a Level 4 application to interconnect a small generator facility that meets the following criteria:
(i) The electric nameplate capacity of the small generator facility is greater than 10 kW and equal to or less than 50 kW.
(ii) The proposed small generator facility utilizes a certified inverter-based equipment package for interconnection.
(iii) The customer-generator installs reverse power relays or other protection functions that prevent power flow beyond the point of interconnection.
(iv) The aggregated other generation on the area network does not exceed 5% of an area network's maximum load.
(6) Construction of facilities by the EDC on its own system is not required to accommodate the small generator facility.
(7) The proposed small generator facility meeting the criteria under paragraph (5) shall be presumed to be appropriate for interconnecting to an area network and shall be further evaluated by an EDC using the following procedures:
(i) An EDC shall evaluate the interconnection request under Level 2 interconnection review procedures. The EDC shall have 25 calendar days to conduct an area network impact study to determine any potential adverse impacts of interconnecting to the EDC's area network.
(ii) When an area network impact study identifies potential adverse system impacts, an EDC may determine that it is inappropriate for the small generator facility to interconnect to the area network and the interconnection request shall be denied. The interconnection customer may elect to submit a new interconnection request for consideration under Level 3 procedures. The queue position assigned to the Level 4 interconnection request shall be retained.
(iii) An EDC shall conduct the area network impact study at its own expense.
(iv) When an EDC denies an interconnection request, the EDC shall provide the interconnection customer with a copy of its area network impact study and a written justification for denying the interconnection request.
(d) When interconnection to circuits that are not networked is requested, upon the mutual agreement of the EDC and the interconnection customer, the EDC may use the Level 4 review procedure for an interconnection request to interconnect a small generator facility that meets the following criteria:
(1) The small generator facility has an electric nameplate capacity of 2 MW or less.
(2) The aggregated total of the electric nameplate capacity of all of the generators on the circuit, including the proposed small generator facility, is 2 MW or less.
(3) The small generator facility uses reverse power relays or other protection functions that prevent power flow onto the utility grid.
(4) The small generator facility will be interconnected with a radial distribution circuit.
(5) The small generator facility is not served by a shared transformer.
(6) Construction of facilities by the EDC on its own system is not required to accommodate the small generator facility.
(e) When a small generator facility meets the criteria under subsection (d), an EDC shall interconnect under the Level 4 review if it meets the following requirements:
(1) A proposed small generator facility, in aggregation with other generation on the distribution circuit, may not contribute more than 10% to the distribution circuit's maximum fault current at the point on the primary voltage distribution line nearest the point of common coupling.
(2) The aggregate generation capacity on the distribution circuit to which the small generator facility shall interconnect, including its capacity, may not cause any distribution protective equipment, or customer equipment on the distribution system, to exceed 85% of the short-circuit interrupting capability of the equipment. A small generator facility may not be connected to a circuit that already exceeds 85% of the short circuit interrupting capability.
(3) When there are known or posted transient stability limits to generating units located in the general electrical vicinity of the proposed point of common coupling, the proposed customer-generator shall be subject to a Level 3 review.
(4) When a customer-generator facility is to be connected to 3-phase, 3 wire primary EDC distribution lines, a 3-phase or single-phase generator shall be connected phase-to-phase. When a customer-generator facility is to be connected to 3-phase, 4 wire primary EDC distribution lines, a 3-phase or single phase generator shall be connected line-to-neutral and shall be effectively grounded. This review must include examination of the type of electrical service provided to the interconnection customer, including line configuration and the transformer connection, to limit the potential for over voltages on the EDC's electric distribution system due to a loss of ground during the operating time of any anti-islanding function.
(f) When a small generator facility fails to meet the criteria under subsection (e), an EDC shall use the Level 3 interconnection procedures. The queue position assigned to the Level 4 interconnection request shall be retained.
(g) When a small generator facility satisfies the criteria under subsection (e), an EDC may, upon providing reasonable notice, within 10 business days after receipt of the Certificate of Completion, conduct a witness test at a mutually convenient time. If the EDC does not conduct the witness test within 10 business days or within the time otherwise mutually agreed to by the parties, the witness test is deemed waived.
(h) When a small generator facility satisfies the criteria for a Level 4 Interconnection, an EDC shall approve the interconnection request and provide a standard interconnection agreement to the interconnection customer for signature.
(i) The interconnection customer shall have 30 business days, or another mutually agreeable time frame after receipt of the standard small generator interconnection agreement to sign and return the agreement. If the interconnection customer does not sign the agreement within 30 business days, the interconnection request shall be deemed withdrawn unless the parties mutually agree to extend the time period for executing the agreement. After the agreement is signed by the parties, interconnection of the small generator facility will proceed according to milestones agreed to by the parties in the agreement. The agreement may not be final until:
(1) The milestones agreed to in the standard small generator interconnection agreement are satisfied.
(2) The small generator facility is approved by electric code officials with jurisdiction over the interconnection.
(3) The interconnection customer provides a certificate of completion to the EDC. Completion of local inspections may be designated on inspection forms used by local inspecting authorities.
(4) There is a successful completion of the witness test, unless waived.
[Pa.B. Doc. No. 06-2451. Filed for public inspection December 15, 2006, 9:00 a.m.]
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