NOTICES
Tentative Order
[38 Pa.B. 3883]
[Saturday, July 12, 2008]Public Meeting held
June 24, 2008Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Tyrone J. Christy; Kim Pizzingrilli
Implementation of the Alternative Energy Portfolio Standards Act of 2004: Standard Interconnection Application Forms; M-00051865
Tentative Order By the Commission:
In 2006, we finalized our Regulations regarding Interconnection Standards in accordance with the Alternative Energy Portfolio Standards Act of 2004 (AEPS Act), 73 P. S. §§ 1648.1--1648.8, at 52 Pa. Code §§ 75.1--75.51. The Interconnection Standards call for several levels of review for proposed interconnection projects depending on the nameplate capacity of the generation equipment to be installed and the complexity of the project. See, 52 Pa. Code § 75.34. The Regulations also provide that standard interconnection forms will be used and posted on electric distribution companies' (EDC) web sites. 52 Pa. Code § 75.33.
Following promulgation of the Interconnection Regulations, the task of developing standard application forms and interconnection agreements for each level of interconnection request was assigned to the Interconnection Standards Working Group. On November 17, 2006, a sub-group was formed to concentrate on development of the interconnection application and agreement forms. The sub-group consisted of representatives from consumer interests, alternative energy system vendors, EDCs and the Energy Association of Pennsylvania.
As Pennsylvania was working with the AEPS Act and its implementation, there was also a regional group that worked with many of the issues confronting Pennsylvania regarding interconnection standards and application forms. That regional group was known as the Mid-Atlantic Demand Resource Initiative (MADRI). In November of 2005, MADRI issued the MADRI Model Small Generator Interconnection Procedures. Those procedures contained standard application and interconnection agreement forms which applied to several different levels of review for specific types of interconnection projects. The Interconnection Standards sub-group organized in November of 2006 was directed to use the MADRI forms as its starting point.
In December of 2007, the Interconnection Standards sub-group reported to Commission Staff that it had finished its work and was prepared to present standard application and agreement forms to the full Interconnection Standards Working Group for comment. On December 19, 2007, Commission Staff forwarded the draft standard application and agreement forms to the full Interconnection Standards Working Group for comment. Very few comments were received. The Interconnection Standards sub-group reviewed and incorporated those comments into a final draft of the standard application forms. On February 13, 2008, Commission Staff forwarded the final draft of the standard application and agreement forms to the full Interconnection Standards Working Group for comment. Only one comment was received which recommended increasing certain nameplate capacity limits to be consistent with amendments to the AEPS Act. The sub-group revised the draft standard application and agreement forms to address that single comment and the final proposed standard application and interconnection agreement forms were presented to Commission Staff.
At this time, Commission Staff has advised that the Interconnection Standards Working Group has finished its work on the standard application and interconnection agreement forms for interconnection requests. Pursuant to 73 P. S. § 1648.5 and 52 Pa. Code § 75.33, the Commission tentatively adopts the draft standard application and interconnection agreement forms as presented by the Interconnection Standards Working Group. Those application forms are attached to this Tentative Order as Appendix A. It should be noted that the application forms are designed for an internet platform. Several of the items in each of the forms contain drop-down menu boxes for interconnection customers to use. In the event that a prospective interconnection customer chooses not to use the web-based application forms, the EDC can accommodate that customer with printed applications.
The applications and interconnection agreements are split into two discrete formats. First, Level 1 inverter-based systems with nameplate capacities of 10 kW or less, which have been certified per the Commission's Regulations at 52 Pa. Code § 75.34(1)(ii), will be processed with a basic application form and agreement. The application form is designed to provide the EDC with sufficient information at the beginning of the process to permit prompt action on the request and reduce the amount of time the EDC will need to evaluate and approve the interconnection.
The Interconnection Agreements for Levels 1 and 2--4 contain specific limitations on liability and indemnification provisions. These provisions are consistent with the MADRI forms. It should be noted that there is no requirement for insurance. 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 (Order entered August 22, 2006), at 19.
By their nature, Levels 2 through 4 interconnection requests are more complicated endeavors and cover a far broader range of equipment installations than a Level 1 interconnection request. For that reason, the Level 2 through 4 standard forms advise prospective interconnection customers of the types of information that may be required by an EDC, but direct the customer to work directly with the EDC to determine the kinds of information needed to process the application. As noted in the standard form, a Level 2, 3 or 4 interconnection may require several meetings with EDC personnel as well as engineering studies as required by the Commission's Regulations. The interconnection application forms proposed in this Tentative Order have been conformed to the higher capacity limits for Customer-generators as provided in Act 35 of 2007, 2007 Pa. Laws 35. It is anticipated that the Commission's Regulations in Chapter 75 of Title 52 of the Pennsylvania Code will be amended in the near future to conform to the increased capacity limits set forth in Act 35.
We will direct that this Tentative Order be published in the Pennsylvania Bulletin and a copy of this Tentative Order and Annex A shall be served on all jurisdictional EDCs, all licensed electric generation suppliers, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, the Pennsylvania Department of Environmental Protection and the Interconnection Standards Working Group. Interested persons may review the proposed application forms at the Commission's web site at www.puc.state.pa.us.
We will seek one additional round of comments on the proposed standard interconnection application forms. Comments to the proposed application forms will be due twenty days from the date of publication in the Pennsylvania Bulletin. To the extent that any changes to the application forms are suggested, comments should include a detailed analysis which supports the proposed changes. If engineering components are involved, specific, technical reasons why changes are needed must be provided. Proposed changes that are not supported by appropriate analyses are unlikely to be adopted.
At the conclusion of the comment period, we will review any comments submitted and issue a final Order adopting the resulting standard interconnection application forms. Upon the entry of that final Order, jurisdictional EDCs will be directed to use the standard interconnection application forms and post those forms on their web sites. While there may be occasions when an EDC and a customer generator seeking interconnection will need to deviate from the standard forms, we anticipate that such occasions will be rare. In the event the EDC and the customer generator are unable to reach agreement in those instances, they may avail themselves of the dispute procedure set forth in 52 Pa. Code § 75.51.
CONCLUSION Pursuant to Section 1648.5 of the AEPS Act, 73 P. S. § 1648.5, and Section 75.33 of the Commission's Regulations, 52 Pa. Code § 75.33, we will tentatively adopt the proposed standard Interconnection Application Forms attached to this Tentative Order as Appendix A and seek comments on those forms. Any interested person may file comments within twenty (20) days of the publication of this Tentative Order in the Pennsylvania Bulletin; Therefore,
It Is Ordered:
1. That the standard Interconnection Application Forms attached hereto as Appendix A are tentatively adopted for use by jurisdictional electric distribution companies for processing interconnection requests brought under the Commission's Regulations at 52 Pa. Code §§ 75.1 through 75.50.
2. That a copy of this Tentative Order and Annex A be served upon the Commission's Office of Trial Staff, the Office of Consumer Advocate, the Office of Small Business Advocate, all jurisdictional electric utility companies, licensed electric generation suppliers, the Pennsylvania Department of Environmental Protection and the Interconnection Standards Working Group.
3. That the Secretary shall cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin.
4. An original and fifteen copies of any written comments referencing the caption and docket number of this Tentative Order shall be submitted within twenty (20) days of publication in the Pennsylvania Bulletin to the Pennsylvania Public Utility Commission, Attn.: Secretary, P. O. Box 3265, Harrisburg, PA. 17105-3265.
5. That the contact persons 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).
By the Commission
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 08-1310. Filed for public inspection July 11, 2008, 9:00 a.m.]
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