SHB 1011 -
By Representative Morris
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds it is in the public
interest to adopt this chapter to simplify the process of
interconnecting distributed generation facilities that will be used by
customers, including net metered customers. The legislature recognizes
that interconnection of distributed generation facilities involves
technical, engineering, operational, and safety issues. This chapter
is intended to both identify a class of distributed generators that can
be interconnected with ease and expedition as well as standard
procedures to be used for ordinary interconnections by all electric
utilities.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant" means a person who has filed an application to
interconnect a customer-generator facility to an electric distribution
system.
(2) "Application" means the standard application forms developed by
the group under section 7 of this act.
(3) "Commission" means the utilities and transportation commission.
(4) "Consumer-owned utility" means a municipal electric utility
formed under Title 35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW, a
cooperative formed under chapter 23.86 RCW, or a mutual corporation or
association formed under chapter 24.06 RCW, that is engaged in the
business of distributing electricity to more than one retail electric
customer in the state.
(5) "Customer-generator" means a residential, commercial, or
industrial customer that generates electricity, including but not
limited to a customer-generator as defined in RCW 80.60.010.
(6) "Customer-generator facility" means the equipment used by a
customer-generator to generate, manage, and monitor electricity. A
customer-generator facility includes an electric generator and/or an
equipment package.
(7) "Electric distribution system" means the infrastructure
constructed and maintained by an electric utility to deliver electric
service to end-users.
(8) "Electric utility" means a consumer-owned or investor-owned
utility.
(9) "Equipment package" means a group of components connecting an
electric generator with an electric distribution system, and includes
all interface equipment including switchgear, inverters, or other
interface devices. An equipment package may include an integrated
generator or electric source.
(10) "Fault current" means electrical current that flows through a
circuit and is produced by an electrical fault, such as single-phase to
ground, double-phase to ground, three-phase to ground, phase-to-phase,
and three-phase. A fault current is several times larger in magnitude
and a different phase angle than the current that normally flows
through a circuit.
(11) "Good utility practice" means any of the practices, methods,
and acts engaged in or approved by a significant portion of the
electric industry, or any of the practices, methods, and acts that, in
the exercise of reasonable judgment in light of the facts known at the
time the decision was made, could have been expected to accomplish the
desired result at a reasonable cost consistent with good business
practices, reliability, safety, and expedition. "Good utility
practice" is not intended to be limited to the optimum practice,
method, or act to the exclusion of all others, but rather to be
acceptable practices, methods, or acts generally accepted in the
region.
(12) "Governing body" means the council of a city or town, the
commissioners of an irrigation district, municipal electric utility, or
public utility district, or the board of directors of an electric
cooperative or mutual association.
(13) "Group" means the interconnection technical advisory group
established under section 6 of this act.
(14) "Interconnection agreement" means an agreement between a
customer-generator and an electric utility that governs the connection
of the customer-generator facility to the electric distribution system,
as well as the ongoing operation of the customer-generator facility
after it is connected to the system.
(15) "Investor-owned utility" means a company owned by investors
that meets the definition of electrical company in RCW 80.04.010 and is
engaged in distributing electricity to more than one retail electric
customer in the state.
(16) "Minor system modifications" include activities such as
changing the fuse in a fuse holder cut-out, changing the settings on a
circuit recloser, and other activities that usually entail less than
four hours of work and one thousand dollars in materials.
(17) "Point of common coupling" means the point where the
electrical conductors of the distribution system are connected to a
customer's and where any transfer of electric power between the
customer and the distribution system takes place.
(18) "Spot network" means 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.
(19) "Standard technical requirements" means technical,
engineering, operational, and safety requirements for interconnecting
distributed generation facilities established under section 7 of this
act.
Sec. 3 RCW 80.60.010 and 2000 c 158 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly indicates otherwise.
(1) "Commission" means the utilities and transportation commission.
(2) "Customer-generator" means a user of a net metering system.
(3) "Electrical company" means a company owned by investors that
meets the definition of RCW 80.04.010.
(4) "Electric cooperative" means a cooperative or association
organized under chapter 23.86 or 24.06 RCW.
(5) "Electric utility" means any electrical company, public utility
district, irrigation district, port district, electric cooperative, or
municipal electric utility that is engaged in the business of
distributing electricity to retail electric customers in the state.
(6) "Irrigation district" means an irrigation district under
chapter 87.03 RCW.
(7) "Municipal electric utility" means a city or town that owns or
operates an electric utility authorized by chapter 35.92 RCW.
(8) "Net metering" means measuring the difference between the
electricity supplied by an electric utility and the electricity
generated by a customer-generator that is fed back to the electric
utility over the applicable billing period.
(9) "Net metering system" means a fuel cell or a facility for the
production of electrical energy that:
(a) Uses as its fuel either solar, wind, or hydropower;
(b) Has a generating capacity of not more than ((twenty-five)) one
hundred kilowatts;
(c) Is located on the customer-generator's premises;
(d) Operates in parallel with the electric utility's transmission
and distribution facilities; and
(e) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.
(10) "Port district" means a port district within which an
industrial development district has been established as authorized by
Title 53 RCW.
(11) "Public utility district" means a district authorized by
chapter 54.04 RCW.
Sec. 4 RCW 80.60.020 and 2000 c 158 s 2 are each amended to read
as follows:
An electric utility:
(1) Shall offer to make net metering available to eligible
customers-generators on a first-come, first-served basis until the
cumulative generating capacity of net metering systems equals ((0.1))
one percent of the utility's peak demand during 1996, of which not less
than ((0.05)) 0.5 percent shall be attributable to net metering systems
that use as its fuel either solar, wind, or hydropower;
(2) Shall allow net metering systems to be interconnected using a
standard kilowatt-hour meter capable of registering the flow of
electricity in two directions, unless the commission, in the case of an
electrical company, or the appropriate governing body, in the case of
other electric utilities, determines, after appropriate notice and
opportunity for comment:
(a) That the use of additional metering equipment to monitor the
flow of electricity in each direction is necessary and appropriate for
the interconnection of net metering systems, after taking into account
the benefits and costs of purchasing and installing additional metering
equipment; and
(b) How the cost of purchasing and installing an additional meter
is to be allocated between the customer-generator and the utility;
(3) Shall charge the customer-generator a minimum monthly fee that
is the same as other customers of the electric utility in the same rate
class, but shall not charge the customer-generator any additional
standby, capacity, interconnection, or other fee or charge unless the
commission, in the case of an electrical company, or the appropriate
governing body, in the case of other electric utilities, determines,
after appropriate notice and opportunity for comment that:
(a) The electric utility will incur direct costs associated with
interconnecting or administering net metering systems that exceed any
offsetting benefits associated with these systems; and
(b) Public policy is best served by imposing these costs on the
customer-generator rather than allocating these costs among the
utility's entire customer base.
Sec. 5 RCW 80.60.030 and 1998 c 318 s 4 are each amended to read
as follows:
Consistent with the other provisions of this chapter, the net
energy measurement must be calculated in the following manner:
(1) The electric utility shall measure the net electricity produced
or consumed during the billing period, in accordance with normal
metering practices.
(2) If the electricity supplied by the electric utility exceeds the
electricity generated by the customer-generator and fed back to the
electric utility during the billing period, the customer-generator
shall be billed for the net electricity supplied by the electric
utility, in accordance with normal metering practices.
(3) If electricity generated by the customer-generator exceeds the
electricity supplied by the electric utility, the customer-generator:
(a) Shall be billed for the appropriate customer charges for that
billing period, in accordance with RCW 80.60.020; and
(b) Shall be credited for the excess kilowatt-hours generated
during the billing period, with this kilowatt-hour credit appearing on
the bill for the following billing period.
((At the beginning)) On April 30th of each calendar year, any
remaining unused kilowatt-hour credit accumulated during the previous
year shall be granted to the electric utility, without any compensation
to the customer-generator.
NEW SECTION. Sec. 6 (1) There is hereby created the
interconnection technical advisory group.
(2) Membership of the group shall consist of one representative
from each of the investor-owned utilities in the state, one
representative from a public utility district in the state, one
representative from an electric cooperative in the state, and one
representative from a municipal utility in the state.
(3) The group shall elect a chair from among its members.
(4) Additional nonvoting ex officio members may participate at no
cost to the state.
(5) The representative from a public utility district, an electric
cooperative in the state, and a municipal utility in the state, shall
be appointed by the respective statewide associations for those groups.
(6) Members of the group shall serve without compensation.
NEW SECTION. Sec. 7 (1) The group must review and study
technical, engineering, operational, safety, and procedural issues
related to interconnecting distributed generation facilities at each of
the levels established under section 8 of this act.
(2) By January 1, 2006, the group must establish, by majority
agreement, standard technical requirements and standard application
forms for interconnection at the simplified and expedited levels
established under section 8 of this act and must submit standard
technical requirements and standard application forms to the
commission, to the governing body of each consumer-owned utility, and
to the appropriate committees of the legislature.
(3) By July 1, 2006, the group must establish majority agreement on
standard technical requirements and standard application forms for
interconnection at the intermediate and standard levels established
under section 8 of this act and must submit standard technical
requirements and standard application forms to the commission, to the
governing body of each consumer-owned utility, and to the appropriate
committees of the legislature.
(4) Within one hundred twenty days of receiving standard technical
requirements and standard application forms from the group, the
commission and the governing body of each consumer-owned utility shall
adopt rules establishing standard technical requirements and standard
application forms. The adopted rules shall be substantially consistent
with standard technical requirements and standard application forms
submitted by the group.
(5) Within thirty days of adopting standard technical requirements
and standard application forms, the commission and the governing body
of each consumer-owned utility shall each provide a report to the group
identifying where adopted rules differ from standard technical
requirements and standard application forms submitted by the group.
The group shall provide information, electronically, to the department
of community, trade, and economic development identifying the electric
utilities that have adopted rules that are substantially consistent
with the standard technical requirements and standard application forms
submitted by the group.
(6) The group must meet by July 16, 2007, and each year thereafter
by July 31st, to update, by majority agreement, standard technical
requirements for interconnection at each of the levels established
under section 8 of this act.
(7) The group must submit recommended changes to the commission, to
the governing body of each consumer-owned utility, and to the
appropriate committees of the legislature.
(8) One year after the group establishes majority agreement and
submits standard technical requirements for interconnection at all of
the levels established under section 8 of this act, if electric
utilities serving eighty-five percent of the total customer load in the
state have not adopted standard technical requirements that are
substantially consistent with standard technical requirements agreed on
by the group, the department of community, trade, and economic
development shall adopt rules establishing standard technical
requirements for all electric utilities that have failed to adopt
standard technical requirements. The rules adopted by the department
shall be substantially consistent with the standard technical
requirements agreed on by the group.
NEW SECTION. Sec. 8 There are four interconnection review paths
for interconnection of customer-sited generation.
(1) Simplified. This applies to facilities certified under section
9 of this act with a capacity of ten kilowatts or less, where the
generator interconnection is single-phase and for facilities certified
under section 9 of this act with a capacity of one hundred kilowatts or
less, where the generator interconnection is three-phase.
(2) Expedited. This applies to facilities certified under section
9 of this act that have a capacity between ten kilowatts and one
hundred kilowatts where the generator interconnection is single-phase
and for facilities certified under section 9 of this act that have a
power rating between one hundred kilowatts and three hundred kilowatts
where the generator interconnection is three-phase.
(3) Intermediate. This applies to facilities certified under
section 9 of this act that have a capacity between three hundred
kilowatts and one megawatt where the generator interconnection is
three-phase.
(4) Standard. This applies to all generating facilities not
qualifying for simplified, expedited, or intermediate interconnection
that have a power rating of ten megawatts or less.
NEW SECTION. Sec. 9 (1) To qualify for simplified, expedited, or
intermediate interconnection procedures, a customer-generator facility
no larger than one megawatt must be certified under this section.
(2) An equipment package shall be certified for interconnected
operation if it has been submitted by a manufacturer, tested, and
listed by a nationally recognized testing and certification laboratory
for continuous interactive operation with a utility grid in compliance
with the following:
(a) The institute of electrical and electronic engineers' 1547
standard for interconnecting distributed resources with electric power
systems or 929 standard for inverters less than ten kilowatts in size;
and
(b) UL 1741 inverters, converters, and controllers for use in
independent power systems.
(3) If the equipment package has been tested and listed as an
integrated package, which includes a generator or other electric
source, the equipment package shall be deemed certified and the
electric utility shall not require further design review, testing, or
additional equipment.
(4) If the equipment package includes only the interface components
such as switchgear, inverters, or other interface devices, then an
interconnection applicant must show that the generator or other
electric source being used with the equipment package is compatible
with the equipment package and consistent with the testing and listing
specified for the package.
(5) A certified equipment package does not include equipment
provided by the electric utility.
NEW SECTION. Sec. 10 To qualify for simplified, expedited, or
intermediate interconnection, the aggregated generation, including the
proposed generator, must not:
(1) Exceed ten percent of the total circuit annual peak load under
normal operating conditions;
(2) Contribute more than ten percent to the distribution circuit's
maximum fault current at the point on the high voltage primary level
nearest the proposed point of common coupling;
(3) Compromise the operation of system safety protective devices;
and
(4) Compromise system safety and reliability, as measured by
specific and verifiable industry standards.
NEW SECTION. Sec. 11 (1) Each electric utility must have a
simplified interconnection procedure for facilities qualified under
section 9 of this act that have a capacity of ten kilowatts or less,
where the generator interconnection is single-phase and for facilities
certified under section 9 of this act with a capacity of one hundred
kilowatts or less, where the generator interconnection is three-phase.
(2) The simplified procedure must include the following steps:
(a) The customer-generator must submit an application filled out
properly and completely, including a reasonable application fee
established by the electric utility to defray costs of processing and
reviewing applications;
(b) The electric utility must acknowledge to the customer-generator
receipt of the application within five business days of receipt of the
application;
(c) The electric utility must evaluate the application for
completeness and compliance with standard technical requirements, and
notify the customer-generator within ten business days of acknowledging
receipt of the application that the application is or is not complete;
(d) If the application is incomplete, the application shall be
rejected and returned to the customer with a list of items needed to
make it complete;
(e) If the proposed interconnection meets standard technical
requirements, within five business days of notifying the customer-generator that the application is complete, the electric utility must
execute and send an interconnection agreement to the customer-generator;
(f) The customer-generator must return the signed agreement within
five business days of receiving the agreement from the electric
utility;
(g) The electric utility and the customer-generator must establish
a schedule for installation of the facility and the customer-generator
must notify the electric utility when installation is complete;
(h) After installation, the electric utility may inspect an
installed generating facility for compliance with standard technical
requirements and may arrange for a witness test in which the generating
facility is tested with a representative from the electric utility
present;
(i) If the inspection and test are satisfactory, within five
business days of completing the inspection, the electric utility must
notify the customer-generator in writing that interconnection is
allowed and approved;
(j) If the inspection and test are not satisfactory, within five
business days of completing the inspection and test, the electric
utility must notify the customer and the customer-generator must comply
with standard technical requirements before interconnection is allowed
and approved; and
(k) Customer-generators who do not receive any notice from the
electric utility within fifteen business days of the inspection and
test are deemed approved for interconnection.
(3) Additional protection equipment not included with the certified
generator or interconnection equipment package may be added at the
electric utility's discretion if the performance of the system is not
negatively impacted in any way and the customer-generator is not
charged for equipment in addition to that which is included in the
certified equipment package.
NEW SECTION. Sec. 12 (1) Each electric utility must have an
expedited interconnection procedure for facilities certified under
section 9 of this act that have a capacity between ten kilowatts and
one hundred kilowatts where the generator interconnection is single-phase and for facilities certified under section 9 of this act that
have a capacity between one hundred kilowatts and three hundred
kilowatts where the generator interconnection is three-phase.
(2) The expedited procedure must include the following steps:
(a) To assist customers in the interconnection process, the
electric utility must designate an employee or office from which basic
application information can be obtained through an informal process;
(b) Upon the applicant's request, the electric utility must meet
with the applicant before submission of an application;
(c) The applicant must submit an application filled out properly
and completely to the electric utility, including a reasonable
application fee established by the electric utility to defray costs of
processing and reviewing applications;
(d) The electric utility must acknowledge to the applicant receipt
of the application within five business days of receipt of the
application;
(e) The electric utility must notify the applicant within fifteen
business days of its receipt of the application whether the application
has been completed adequately;
(f) If the application is incomplete, the electric utility must
provide the applicant with a written list detailing all information
that must be provided to complete the application;
(g) The applicant must submit the missing information within ten
business days of receiving the written list. If the applicant does not
submit the listed information to the electric utility within the ten
business days, the application shall be deemed withdrawn;
(h) An application is complete when the applicant submits all
information identified in the electric utility's written list. The
electric utility must acknowledge to the customer-generator receipt of
the application within five business days of receiving the information
identified in the electric utility's written list;
(i) The electric utility must review the proposed interconnection
within twenty business days after the electric utility notifies the
applicant it has received a complete application. Review must include
the following:
(i) Review of compliance with standard technical requirements;
(ii) Notice to the applicant of the results, including copies of
analysis and data underlying the electric utility's determinations; and
(iii) Any additional studies or tests the electric utility deems
necessary to evaluate the proposed interconnection, conducted at the
electric utility's own expense;
(j) If review determines that the proposed interconnection meets
standard technical requirements, the interconnection application must
be approved and the electric utility must provide the applicant with an
executable interconnection agreement within five business days after
the determination;
(k) If review determines that the proposed interconnection does not
meet standard technical requirements, but the electric utility
determines through review that the small generator may nevertheless be
interconnected consistent with safety, reliability, and power quality
standards, with or without minor system modifications, the electric
utility will provide the applicant with an executable interconnection
agreement within five business days after the determination and the
generator is responsible for the cost of any minor system modifications
required;
(l) If review determines that the proposed interconnection does not
meet standard technical requirements, and the electric utility does not
or cannot determine that the generator may nevertheless be
interconnected consistent with safety, reliability, and power quality
standards, then the electric utility must:
(i) Offer to perform additional review if the electric utility
concludes that additional review might determine that the proposed
interconnection could qualify for interconnection pursuant to the
expedited technical requirements; and
(ii) Provide a nonbinding, but good faith estimate of the costs and
schedule for the additional review;
(m) Within five business days of receiving an executable
interconnection agreement from the electric utility, the applicant must
return the signed interconnection agreement to the electric utility;
(n) The electric utility and the customer-generator must establish
a schedule for installation of the facility and the customer-generator
must notify the electric utility when installation is complete;
(o) After installation, the electric utility may inspect an
installed generating facility for compliance with standard technical
requirements and may arrange for a witness test, in which the
generating facility is tested with a representative from the utility
present;
(p) If the inspection and test are satisfactory, within five
business days of completing the inspection, the electric utility must
notify the customer in writing that interconnection is allowed and
approved; and
(q) If the inspection and test are not satisfactory, within five
business days of completing the inspection and test, the electric
utility must notify the customer and the customer-generator must comply
with standard technical requirements before interconnection is allowed
and approved.
(3) Additional fees may be charged to customer-generators if their
generator interconnection requires minor system modifications under
subsection (2)(k) of this section or additional review under subsection
(2)(l) of this section.
NEW SECTION. Sec. 13 (1) Each electric utility must have an
intermediate interconnection procedure for facilities certified under
section 9 of this act that have a capacity between three hundred
kilowatts and one megawatt where the generator interconnection is
three-phase.
(2) The intermediate procedure must include the following steps:
(a) To assist applicants in the interconnection process, the
electric utility must designate an employee or office from which basic
information on the application can be obtained through an informal
process;
(b) Upon the applicant's request, the electric utility must meet
with the applicant before submission of an application for
interconnection;
(c) The applicant must submit an application filled out properly
and completely to the electric utility, including a reasonable
application fee established by the electric utility to defray costs of
processing and reviewing applications;
(d) The electric utility must acknowledge to the applicant receipt
of the application within five business days of receipt of the
application;
(e) The electric utility must notify the applicant within fifteen
business days of its receipt of the application whether the application
has been completed adequately;
(f) If the application is incomplete, the electric utility must
provide the applicant with a written list detailing all information
that must be provided to complete the application;
(g) The applicant must submit the missing information within ten
business days of receiving the written list. If the applicant does not
submit the listed information to the electric utility within ten
business days, the application shall be deemed withdrawn;
(h) An application is complete when the applicant submits all of
the information identified in the electric utility's written list and
the electric utility must acknowledge to the applicant receipt of the
application within five business days of receiving the information
identified in the electric utility's written list;
(i) Within sixty business days after the electric utility notifies
the applicant that it received a complete application, the electric
utility must perform review of the proposed interconnection. Review
must include the following:
(i) Review of electric utility system impact, if any, and
compliance with standard technical requirements;
(ii) Notice to the applicant of the results, including copies of
the analysis and data underlying the electric utility's determinations;
and
(iii) Any additional studies or tests the electric utility deems
necessary to evaluate the proposed interconnection, conducted at the
electric utility's own expense;
(j) If review determines that the proposed interconnection meets
standard technical requirements, the electric utility must approve the
interconnection application and must provide the applicant an
executable interconnection agreement within five business days after
the determination;
(k) If review determines that the proposed interconnection does not
meet standard technical requirements, but the electric utility
determines through the review that the small generator may nevertheless
be interconnected consistent with safety, reliability, and power
quality standards, with or without minor system modifications, the
electric utility must approve the interconnection application and
provide the applicant an executable interconnection agreement within
five business days;
(l) If review determines that the proposed interconnection does not
meet standard technical requirements, and the electric utility does not
or cannot determine from the initial review that the generator may
nevertheless be interconnected consistent with safety, reliability, and
power quality standards, then the electric utility must:
(i) Offer to perform additional review if the electric utility
concludes that an additional review might determine that the generator
could qualify for interconnection; and
(ii) Provide a nonbinding, but good faith estimate of the costs and
schedule for the additional review;
(m) The applicant must return the signed agreement to the electric
utility within five business days of receiving an executable
interconnection agreement from the electric utility;
(n) The electric utility and the customer-generator must establish
a schedule for installation of the facility and the customer-generator
must notify the electric utility when installation is complete;
(o) After installation, the electric utility may inspect an
installed generating facility for compliance with standard technical
requirements and may arrange for a witness test, in which the
generating facility is tested with a representative from the utility
present;
(p) If the inspection and test are satisfactory, within five
business days of completing the inspection, the electric utility must
notify the customer in writing that interconnection is allowed and
approved; and
(q) If the inspection and test are not satisfactory, within five
business days of completing the inspection, the electric utility must
notify the customer-generator and the customer-generator must comply
with standard technical requirements before interconnection is allowed
and approved.
(3) Additional fees may be charged to customer-generators if their
generator interconnection requires the electric utility to conduct an
impact study under subsection (2)(i)(i) of this section, minor system
modifications under subsection (2)(k) of this section, or additional
review under subsection (2)(l) of this section.
NEW SECTION. Sec. 14 (1) Each electric utility must have a
standard interconnection procedure available for generators not
exceeding ten megawatts in capacity that do not qualify for simplified,
expedited, or intermediate interconnection procedures.
(2) The standard procedure must include the following steps:
(a) To assist applicants in the interconnection process, the
electric utility must designate an employee or office from which basic
information on the application can be obtained through an informal
process;
(b) Upon the applicant's request, the electric utility must meet
with the applicant before submission of an application for
interconnection;
(c) The applicant must submit an application filled out properly
and completely, including a reasonable application fee established by
the electric utility to defray costs of processing and reviewing
applications, or an applicant's interconnection application is
transferred from simplified, expedited, or intermediate interconnection
procedures for failure to meet all of the requirements of those
procedures. If an application is transferred from simplified,
expedited, or intermediate interconnection procedures, the application
shall be considered as a newly submitted application for standard
review;
(d) The electric utility must acknowledge receipt of the
application or the transfer from simplified, expedited, or intermediate
interconnection procedures within five business days;
(e) The electric utility must notify the applicant within fifteen
business days of receipt of the application whether the application has
been completed adequately;
(f) If the application is incomplete, the electric utility must at
the same time provide the applicant a written list detailing all
information that must be provided to complete the application;
(g) The applicant must submit the missing information within ten
business days of receiving the written list. If the applicant does not
submit the listed information to the electric utility within ten
business days, the application shall be deemed withdrawn;
(h) An application is complete when the applicant submits all of
the information identified in the electric utility's written list. The
electric utility must acknowledge to the applicant receipt of the
application within five business days of receiving the information
identified in the electric utility's written list;
(i) Within twenty business days of notifying the customer-generator
that the application is complete, the electric utility must conduct
initial review. Initial review must include:
(i) Review using standard technical requirements;
(ii) A scoping meeting or discussion with the customer-generator to
review the application;
(iii) Review of information such as the available fault current at
the proposed location, the existing peak loading on the lines in the
general vicinity of the proposed generator, and the configuration of
the distribution lines at the proposed point of interconnection; and
(iv) Any additional studies or tests the electric utility deems
necessary to evaluate the proposed interconnection, conducted at the
electric utility's own expense;
(j) If initial review determines that additional study is
necessary, the electric utility must conduct supplemental review within
twenty business days of completing initial review. Supplemental review
shall identify:
(i) Specific additional requirements for interconnection and an
executable interconnection agreement; or
(ii) Notice that continued additional studies are required;
(k) When supplemental review reveals that continued additional
studies are required, the electric utility and the customer-generator
must enter into an agreement that provides for the electric utility to
perform additional studies, facility design, and engineering, and
provides detailed cost estimates for billing to the customer-generator
at the customer-generator's expense. The agreement must set forth the
electric utility's estimated schedule and charges for completing such
work;
(l) The maximum amount of time provided to complete all review and
studies is one hundred fifty business days;
(m) If the electric utility determines, in accordance with good
utility practice, that system modifications or additions to the
electric utility's electric system are necessary, the electric utility
will produce a cost estimate and schedule for the modifications. The
electric utility and the customer-generator shall enter into an
agreement setting forth the electric utility and the customer-generator's responsibilities, completion schedules, and costs;
(n) After executing the applicable agreements, the electric utility
and the customer-generator shall construct and install modifications or
facilities identified in the agreements;
(o) After installation, the electric utility shall inspect the
completed generator installation and attend any required commissioning
tests;
(p) If the inspection and tests are satisfactory, within five
business days of completing the tests, the electric utility shall
notify the customer in writing that interconnection is allowed and
approved; and
(q) If the inspection and tests are not satisfactory, within five
business days of completing the inspection, the electric utility must
notify the customer-generator and the customer-generator must satisfy
inspection and tests before interconnection is allowed and approved.
NEW SECTION. Sec. 15 (1) Once an interconnection has been
approved under this chapter, the electric utility shall not require a
customer-generator to test its facility except for the following:
(a) An annual test in which the customer-generator's facility is
disconnected from the electric utility's equipment to ensure that the
generator stops delivering power to the grid;
(b) Any manufacturer-recommended testing; and
(c) Testing when the electric utility has identified a condition
outside of normal operating conditions that will affect system safety
and reliability.
(2) An electric utility may inspect a customer-generator's facility
both before and after interconnection approval is granted, at
reasonable hours and with reasonable advance notice to the customer-generator.
(3) If the electric utility discovers the customer-generator's
facility is not in compliance with standard technical requirements and
the noncompliance adversely affects the safety or reliability of the
electric system, the electric utility shall require disconnection of
the customer-generator's facility until it complies with this chapter.
If the customer-generator fails to disconnect, the electric utility may
itself disconnect the facility.
(4) Each customer-generator approved for interconnection shall
affix to their electric revenue meter a warning sign that notifies
utility personnel of the existence of customer-sited parallel
generation.
NEW SECTION. Sec. 16 (1) A customer-generator approved for
interconnection must, at its own expense, maintain in force general
liability insurance without any exclusion for liabilities related to
the interconnection.
(2) The amount of the general liability insurance must be
sufficient to insure against all reasonably foreseeable direct and
indirect liabilities given the size and nature of the customer-generator's generating equipment, the interconnection itself, and the
characteristics of the system to which the interconnection is made.
(3) A customer-generator must obtain additional insurance if
necessary as a function of owning and operating a generating facility.
(4) An electric utility shall not be liable directly or indirectly
for permitting or continuing to allow an interconnection, or for the
acts or omissions of the customer-generator that cause loss or injury,
including death, to any third party.
NEW SECTION. Sec. 17 (1) The procedures established in this
chapter apply under normal work conditions and when an electric utility
has a reasonable number of applications for interconnection under
review.
(2) A customer-generator may bring a civil action in the
appropriate court of limited jurisdiction identified in RCW 3.02.010 to
enforce this chapter and recover damages up to the maximum amount of
damages specified in RCW 3.66.020.
(3) Damages in the amount of ten dollars per kilowatt capacity of
the customer-generator's generating facility applies to an electric
utility's failure to comply with procedures established under this
chapter up to the maximum amount of damages specified in RCW 3.66.020.
NEW SECTION. Sec. 18 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 19 Sections 1, 2, and 6 through 18 of this act
constitute a new chapter in Title
Correct the title.
EFFECT: Revises the substitute bill to clarify the authority and
duties of the interconnection technical advisory group. Clarifies that
nonvoting ex officio members can participate. Provides that the
interconnection technical advisory group will have six months to
establish standard technical requirements at the first two levels of
review and six additional months to establish standard technical
requirements at the next two levels of review.
Provides that the Utilities and Transportation Commission and the
governing body of consumer-owned utilities must adopt standard
technical requirements that are substantially consistent with standard
technical requirements agreed on by the interconnection technical
advisory group.
Removes the penalties associated with failing to adopt standard
technical requirements.
Provides that the Department of Community, Trade, and Economic
Development shall adopt rules substantially consistent with the
standard technical requirements agreed on by the interconnection
technical advisory group if electric utilities serving eighty-five
percent of the total load in the state fail to adopt standard technical
requirements within one year of the interconnection technical advisory
group reaching agreement on standard technical requirements.
Clarifies that an electric utility may charge a reasonable fee to
cover the costs of application processing. Removes provisions
establishing specific application fees.
Revises and extends timelines for application processing and
review. Provides that additional studies, as needed at the upper
levels of review, shall be conducted by agreement between the electric
utility and the customer. Clarifies that timelines and procedures
apply under normal work conditions when an electric utility has a
reasonable number of applications under review.
Revises and corrects definitions.
Makes technical changes for consistency.