K.S.A. § 66-1268 — KS Code / Chapter 66 / Article 12 / Section 66-1268
66-1268 - Standards for net metered facilities; limitation of liability for utility.
Status: in_force

66-1268. Standards for net metered facilities; limitation of liability for utility. (a) Net metered facilities must meet all applicable safety, performance, interconnection and reliability standards established by the national electrical code, the national electrical safety code, the institute of electrical and electronics engineers, underwriters laboratories, the federal energy regulatory commission and any local governing authorities. A utility may require that a customer-generator's system contain a switch, circuit breaker, fuse or other easily accessible device or feature located in immediate proximity to the customer-generator's metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the utility's electric distribution system.

(b) A utility may not require a customer-generator whose net metering facility meets the standards in subsection (a) to comply with additional safety or performance standards or perform or pay for additional tests or purchase additional liability insurance. A utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metered facility or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

(c) (1) Any customer-generator who has received approval from a utility to construct or operate a net metering facility shall notify the utility within 30 calendar days following the date that the construction has been canceled or the facility is permanently shut down. Upon receipt of such notice, the utility shall cancel the interconnection agreement with such customer.

(2) If a utility has reason to suspect that a customer-generator's facility has been abandoned and is no longer producing energy, such utility may request verification from the customer-generator that the facility is still functioning or that the customer-generator has a reasonable plan to reenergize the facility. If the customer-generator fails to repair the facility or provide a reasonable plan to complete such repairs within six months, the utility shall have the option to cancel the interconnection agreement with such customer-generator.

(3) Upon cancellation of any interconnection agreement pursuant to this subsection, the utility shall not be obligated to refund any fees previously paid by the customer-generator.

(d) (1) A customer-generator shall have the right to repair or rebuild such customer-generator's net metering facility that is subject to an interconnection agreement with listed equipment as long as such repair or rebuilding does not cause an increase in export capacity.

(2) If a customer-generator repairs or replaces a facility, the customer shall notify the utility prior to such repair or replacement and provide proof that the new equipment complies with the same rules, regulations and approved capacity as the original installation. The utility shall have the right to require and conduct a witness test prior to authorizing operation of the facility. A customer who repairs or replaces a facility pursuant to this paragraph shall not be required to submit a new net metering interconnection application to the utility.

(3) A customer-generator shall not repair or replace a facility system in a way that increases the export capacity of the system without providing prior notification to the utility. The utility may require the customer-generator to submit a new net metering interconnection application to include the new provisions and requirements relating to such facility.