ࡱ> Y[X'` /bjbj{P{P ;N::#JXhhhx!!!8"DD"46+"""""#>## *******$",h.z*&##&&*""*:(((&^""*(&*((("x" Q!q&^(!*d*<6+(/&/(/(4#m$^($L%###**(^###6+&&&&d     STATE OF MAINE PUBLIC UTILITIES COMMISSION Docket No. 2009-219 February 10, 2010 PUBLIC UTILITIES COMMISSION ORDER ADOPTING Small Generator Interconnection Standards SMALL GENERATOR Chapter 324 (Forms and Agreements) INTERCONNECTION FORMS AND AGREEMENTS REISHUS, Chairman; VAFIADES and CASHMAN, Commissioners I. SUMMARY In this Order, we adopt the forms and agreements for Small Generator Interconnections referenced in our Small Generator Interconnection Procedures rule, Chapter 324, 3. II. BACKGROUND During the 2008 session, the Legislature enacted Resolve, To Encourage Renewable Energy and Energy Conservation in fb88. Resolves 2007, ch. 183. Section 2 of the Resolve directed the Commission to conduct a review of the advisability of statewide interconnection standards for small renewable generation facilities. The Resolve stated in relevant part: That the Public Utilities Commission shall review and make a determination regarding the establishment of statewide standards for the interconnection of small renewable energy facilities to the energy grid. For the purposes of this section, "small" means an installed capacity of no more than 5 megawatts. In making its determination, the commission shall consider relevant federal laws and rules as well as interconnection standards that have been developed by states and other appropriate entities. If the commission finds that statewide interconnection standards for small renewable energy facilities are advisable, the commission shall proceed to develop such standards. In any development of interconnection standards pursuant to this section, the commission may establish different standards for different tiers of facilities based on generating capacity and may develop any necessary interconnection agreements and related forms, as appropriate. The Resolve specified that the Commission submit a report by January 15, 2009 containing its findings and recommendations regarding the advisability of creating statewide small generator interconnection standards. As part of the required review, the Commission initiated an Inquiry to obtain information and viewpoints from interested persons on small generator interconnection standards. In the Notice of Inquiry, the Commission asked transmission and distribution (T&D) utilities to provide their small generator interconnections standards and rules, and solicited input on a variety of issues regarding uniform interconnection standards. On April 23, 2008, the Commission released a draft report on statewide small generator interconnection standards for comment by interested persons. The draft report included a set of rules based on IRECs 2005 Model Interconnection Procedures, and the associated standard forms and agreements. The Commission concluded in its January 15, 2009 final report that statewide interconnection procedures for fb88s utilities should be created. The report stated that standardized rules would increase the efficiency of the interconnection process, encourage the increased use of renewable energy and other distributed generation resources like micro combined heat and power systems, and may foster an easier business environment for the companies that sell and install small generation systems. The Commission further concluded that, rather than limit the rule to generation of no more than 5MW, it would avoid regulatory gaps if new rules were applied to all generation interconnections that did not fall within FERCs jurisdiction. Accordingly, the Commission initiated the rulemaking process and issued its proposed rule and associated forms on July 21, 2009. On January 4, 2010 the Commission adopted the rules as amended pursuant to comments received. The forms and agreements adopted through this Order have been modified in response to the comments received with the rule making proceeding. III. RESPONSE TO Comments MPS suggested that the interconnection agreements be limited to a single agreement for all of the four tiers of interconnections under Chapter 324. A driving force behind its suggestion is to combine the agreements resulting from a Chapter 313 Net Billing arrangement and those resulting from a Chapter 324 Small Generator Interconnection. While we are sympathetic to MPSs desire to ensure the processes for each are as efficient as possible, we do not make the requested change to the agreements here. The interconnection of a generator and whether the owner chooses to net billing should remain distinct to avoid confusion. MPS makes a similar argument when it requests that identification of shared or joint ownership be provided in the application forms. We do not make that change here, but note that multiple owners would likely want to be listed in any interconnection agreements. We do not make this a requirement since there are many ways a group of customers with common ownership of net billing generation may chose to document the project. Prior to agreeing to a shared ownership net billing arrangement, a utility can request information from the group of customers demonstrating the shared ownership, and contact person pursuant to Chapter 313, and we believe it is better to document those ownership interests separate from the initial interconnection of the generator. MPS also requested a change to the indemnity language in both the Level 1, and the Interconnection Agreement for Levels 2 through 4. We have not made the change exactly as requested, because the suggested change would substantially change the intended meanings of the clauses. We have made a change in response to the comment that should make those sections clearer. We changed the Levels 2, 3, and 4 Interconnection Agreement, Article 7 to coincide with Chapter 324 12(F) of the rule that provides a list of liability coverage limits based on generator type and output. We have also changed the definitions section of the forms and agreements so they correspond with the final version of Chapter 324. CMP also commented that the forms and agreements should be developed through a stakeholder process. We do not adopt that course of action here. While we value stakeholder processes, there are many ways to receive similar input. We have provided a multitude of opportunities for CMP and others to comment on these forms throughout the development of the Small Generator Interconnection Procedures, and we are confident that this has resulted in workable forms and agreements. To the extent these forms and agreements fail to achieve their intended purpose, or become problematic for some other reason, we remain open to modifying them at the request of interested persons. We encourage the T & D Utilities to propose amended agreements or file a request for changes if or when that becomes necessary. Accordingly, we O R D E R 1. That the attached forms and agreements associated with Chapter 324, Small Generator Interconnection Procedures, and referenced under section 3 of that rule are hereby adopted; 2. That the Administrative Director shall notify the following of the adoption of the Forms and Agreements: a. all transmission and distribution utilities in the State; b. all persons who filed comments in the inquiry, Inquiry into Interconnection Standards for Small Renewable Energy Facilities, Docket No. 2008-186 (April 23, 2008); c. all persons who have commented in the Chapter 324 rulemaking, Docket No. 2009-219; Dated at Hallowell, fb88, this 10th day of February, 2010. BY ORDER OF THE COMMISSION _______________________________ Karen Geraghty Administrative Director COMMISSIONERS VOTING FOR: Reishus Vafiades Cashman NOTICE OF RIGHTS TO REVIEW OR APPEAL 5 M.R.S.A. 9061 requires the Public Utilities Commission to give each party to an adjudicatory proceeding written notice of the party's rights to review or appeal of its decision made at the conclusion of the adjudicatory proceeding. The methods of review or appeal of PUC decisions at the conclusion of an adjudicatory proceeding are as follows: 1. Reconsideration of the Commission's Order may be requested under Section 1004 of the Commission's Rules of Practice and Procedure (65-407 C.M.R.110) within 20 days of the date of the Order by filing a petition with the Commission stating the grounds upon which reconsideration is sought. 2. Appeal of a final decision of the Commission may be taken to the Law Court by filing, within 21 days of the date of the Order, a Notice of Appeal with the Administrative Director of the Commission, pursuant to 35-A M.R.S.A. 1320(1)-(4) and the fb88 Rules of Appellate Procedure. 3. Additional court review of constitutional issues or issues involving the justness or reasonableness of rates may be had by the filing of an appeal with the Law Court, pursuant to 35-A M.R.S.A. 1320(5). Note: The attachment of this Notice to a document does not indicate the Commission's view that the particular document may be subject to review or appeal. Similarly, the failure of the Commission to attach a copy of this Notice to a document does not indicate the Commission's view that the document is not subject to review or appeal.  Inquiry into Interconnection Standards for Small Renewable Energy Facilities, Docket No. 2008-186. The following interested persons participated in the Commissions small generator interconnection standards Inquiry: Central fb88 Power Company (CMP), Bangor Hydro-Electric Company (BHE), fb88 Public Service Company (MPS), Van Buren Light and Power District (VBLPD), Kennebunk Light and Power District (KLPD), American Wind Power Association (AWEA), Independent energy Producers of fb88 (IEPM), fb88 Rural Partners (MRP), the Interstate Renewable Energy Council (IREC), the E Cubed Company, Suzanne Sayer, and John Carpenter.  All comments filed in the Inquiry are posted on the Commissions virtual case file on its webpage,  HYPERLINK "http://www.maine.gov/mpuc" www.maine.gov/mpuc, through reference to Docket No. 2008-186.     Order Adopting Forms & Agreements -  PAGE 5 - Docket No. 2009-219 8@JRSWY[\     & 1 : F V W b d   ˾󠖉uujhmsd5OJQJ^JhqdOJQJ^JhA:QOJQJ^JhA:Q5OJQJ\^Jh4hA:Q5>* hL35>*hK OJQJ^Jh hL3OJQJ^Jht 0hFOJQJ^JhFOJQJ^Jh>OJQJ^Jh;OJQJ^JhL3OJQJ^Jh%BhL3OJQJ^J'AB\]  V W b c    `gd>@&gd>gd>`gd>`gdA:Q$&d P a$gdL3gd;gdL3+I// \]Z[P;>COXY\gi깯๕zl_U_h-4OJQJ^JhL3hd+OJQJ^JhL3hA:Q5OJQJ^JhL3hA:Q;OJQJ^Jhmsd5;OJQJ^JhL3hA:Q5;OJQJ^JhUOJQJ^JhqdOJQJ^JhL3hA:QOJQJ^JjhA:Q0JOJQJU^Jh,OJQJ^JhFOJQJ^JhA:QOJQJ^JhA:Q5OJQJ^J >?=>;<`gd>gd>^gd>KC$Eƀ# &`gd> "=|@EW9=EFN:;<ܾܱȱȱұvȍҍlhzOJQJ^JhK OJQJ^JhL3hFOJQJ^JhL3hOJQJ^JhL3hL3OJQJ^JhA:QOJQJ^JhL3hzOJQJ^JhFOJQJ^JhqdOJQJ^Jh-4OJQJ^JhL3hd+OJQJ^JhUOJQJ^JhL3hUOJQJ^J&<FGUV  7IJT\l ! !! 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