860-029-0020 Obligations of Qualifying Facilities to the Electric Utility The conditions listed in this rule apply to all qualifying facilities that sell electricity to a public utility under this Division: (1) The owner or operator of a qualifying facility purchasing or selling electricity pursuant to these rules must execute a written agreement with the public utility. (2) Contracts: (a) All contracts between a qualifying facility and a public utility for energy, or energy and capacity must include language which substantially conforms to the following: This agreement is subject to the jurisdiction of those governmental agencies and courts having control over either party or this agreement. The public utility’s compliance with the terms of this contract is conditioned on the qualifying facility submitting to the public utility and to the Public Utility Commission of Oregon, before the date of initial operation, certified copies of all local, state, and federal licenses, permits, and other approvals required by law. (b) Under subsection (2)(a) of this rule, the public utility shall bear no obligation to identify which approvals are required by law, or to verify the approvals were properly obtained, or that the project is maintained pursuant to the terms of the approvals. (3) To ensure system safety and reliability of interconnected operations, all interconnected qualifying facilities must be constructed and operated in accordance with all applicable federal, state, and local laws and regulations. (4) The qualifying facility must furnish, install, operate, and maintain in good order and repair, and without cost to the public utility, switching equipment, relays, locks and seals, breakers, automatic synchronizers, and other control and protective apparatus as shown by the public utility to be reasonably necessary to operate the qualifying facility in parallel with the public utility’s system, or may contract for the public utility to do so at the expense of the qualifying facility. Delivery must be at a voltage, phase, power factor, and frequency as specified by the public utility. (5) Switching equipment capable of isolating the qualifying facility from the public utility’s system must be accessible to the public utility at all times. (6) The qualifying facility must allow the public utility the option of operating the switching equipment, described in section (4) of this rule if, in the sole opinion of the public utility, continued operation of the qualifying facility in connection with the public utility’s system may create or contribute to a system emergency. Such a decision by the public utility is subject to the Commission’s verification pursuant to OAR 860-029-0070. The public utility must endeavor to minimize any adverse effects on the qualifying facility of the operation of the switching equipment. (7) Any agreement between a qualifying facility and a public utility must provide for the degree to which the qualifying facility must assume responsibility for the safe operation of the interconnection facilities. (8) At its option, the public utility may require a qualifying facility to report periodically the amount of deliveries and scheduled deliveries to the public utility, as shown to be reasonably necessary for the public utility’s system operations and reporting. Statutory/Other Authority: ORS 183, 756, 757, 758 Statutes/Other Implemented: ORS 756.040, 758.505-758.555 History: PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 2-1985, f. & ef. 2-15-85 (Order No. 85-099) PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742) PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514) PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)