860-082-0025 Applications to Interconnect a Small Generator Facility (1) A person may not interconnect a small generator facility to a public utility’s transmission or distribution system without authorization from the public utility. (a) A person proposing to interconnect a new small generator facility to a public utility’s transmission or distribution system must submit an application to the public utility. (b) A person with an existing interconnected small generator facility who proposes to make any change to the facility, other than a minor equipment modification, must submit an application to the public utility. This includes changes affecting the nameplate rating of the existing interconnected small generator facility or the output capacity authorized in the agreement governing the terms of the interconnection. (c) An applicant with a pending completed application to interconnect a small generator facility must submit a new application if the applicant proposes to make any change to the small generator facility other than a minor equipment modification. This includes changes affecting the nameplate rating of the proposed small generator facility. (A) The applicant relinquishes the queue position assigned to the pending completed application, and the public utility assigns a new queue position based on the date and time the public utility receives the new application. (B) If the new application is submitted within 30 business days of the date of submission of the original application, then the public utility must apply the original application fee to the application fee required for the new application. (d) A person with a pending completed application to interconnect a net metering facility or a FERC jurisdictional generator who proposes to change the facility to a small generator facility must submit a new application under the small generator interconnection rules. (A) The applicant relinquishes the queue position assigned to the pending completed application, and the public utility assigns a new queue position based on the date and time that the interconnecting public utility receives the small generator interconnection application. (B) If the small generator interconnection application is received within 30 business days of the date of submission of the original net metering or FERC jurisdictional generator interconnection application, then the public utility must apply the original application fee to the application fee required for the new application. (e) An interconnection customer must submit an application to renew an existing small generator facility interconnection before the expiration of the interconnection agreement between the interconnection customer and the interconnected public utility. The application must be submitted no later than 60 business days before the interconnection agreement’s expiration date. (A) A public utility may not unreasonably refuse to grant expedited review of an application to renew an existing small generator facility interconnection if there have been no changes to the small generator facility other than minor equipment modifications. (B) A public utility may not require an existing small generator facility to undergo Tier 4 review if there have been no changes to the small generator facility other than minor equipment modifications and there have been no material changes to the portion of the public utility’s transmission or distribution system affected by the interconnection of the small generator facility. (C) A public utility may require the interconnection customer to pay for interconnection facilities, system upgrades, or changes to the small generator facility or its associated interconnection equipment that are necessary to bring the small generator facility interconnection into compliance with the small generator interconnection rules or IEEE 1547 or 1547.1. (D) If the public utility has not completed its review of an application to renew and a new interconnection agreement is not signed before the expiration of the current interconnection agreement governing the interconnection of an existing small generator facility to a public utility’s transmission or distribution system, then the current interconnection agreement remains in effect until the renewal process is completed and a new interconnection agreement is signed. (2) All applications must be made using the appropriate application form and must follow the standard form applications developed by the public utility and approved by the Commission. The public utility must provide separate application forms for review under Tier 1 and for review under Tiers 2, 3, and 4. The Tier 1 application form must include an unexecuted interconnection agreement. The public utility must provide a copy of an application form to any person upon request and must post copies of the application forms on the public utility’s website. (a) Applicants must use the Tier 1 application form for a small generator facility that meets the requirements of OAR 860-082-0045(1). (b) All applicants may use the application form for Tiers 2, 3, or 4. (3) A public utility may require payment of a nonrefundable application processing fee. The amount of the fee depends upon the review tier requested in the application and is intended to cover the reasonable costs of processing and evaluating the application. (a) The application fee may not exceed $100 for Tier 1 review, $500 for Tier 2 review, and $1,000 for review under Tiers 3 and 4. (b) An applicant must pay the reasonable costs incurred by the public utility to perform any studies and engineering evaluations permitted by these rules and necessary to evaluate the proposed application to interconnect. Before the public utility may assess any costs in excess of the application fee, the public utility must receive written authorization from the applicant. If the applicant does not authorize the additional costs, then the application is deemed withdrawn, and the original application fee is forfeited. (c) If an application is denied at one review tier, and the applicant resubmits the application at a higher review tier within 15 business days after the date the applicant received notification of the denial, then the applicant maintains the queue position assigned to the original application and the public utility must apply the original application fee and any other fees paid in conjunction with the original application to the fees applicable to the resubmitted application. (4) If an applicant proposes to interconnect multiple small generator facilities to the public utility’s transmission or distribution system at a single point of interconnection, then the public utility must evaluate the applications based on the combined total nameplate rating for all of the small generator facilities. If the combined total nameplate rating exceeds 10 megawatts, then the small generator interconnection rules do not apply. (5) An applicant must provide documentation of site control with an interconnection application. Site control may be demonstrated through ownership of the site, a leasehold interest in the site, or an option or other right to develop the site for the purpose of constructing the small generator facility. Site control may be documented by a property tax bill, deed, lease agreement, or other legally binding contract. (6) A public utility may propose to interconnect multiple small generator facilities at a single point of interconnection to minimize costs, and an affected applicant or interconnection customer may not unreasonably refuse such a proposal. An applicant or interconnection customer may, however, elect to maintain a separate point of interconnection if the applicant or interconnection customer agrees to pay the entire cost of the separate interconnection facilities. (7) Application review process. (a) Within 10 business days of receipt of an application to interconnect a small generator facility, the interconnecting public utility must provide written notice to the applicant stating whether the application is complete. (A) If the application is incomplete, then the public utility must provide the applicant with a detailed list of the information needed to complete the application. An application is deemed complete when the public utility receives the listed information. The applicant must provide the listed information within 10 business days of receipt of the list, or the application is deemed withdrawn. (B) If a public utility does not have a record of receipt of an application or cannot locate an application, then the applicant must provide an additional copy of the application to the public utility. If the applicant can demonstrate that a complete application was originally delivered to the public utility at a particular time on a particular date, then the public utility must assign a queue position to the application based on the original time and date of delivery. (b) Once the public utility deems an application to be complete, the public utility must assign the application a queue position. An applicant must meet all applicable deadlines in the small generator interconnection rules to maintain its queue position unless the deadlines have been waived by agreement with the interconnecting public utility or by Commission order. (c) If the public utility determines during the evaluation process that supplemental or clarifying information is required, then the public utility must request the information from the applicant, and the applicant must provide the requested information within 15 business days of the request, or the application will be deemed withdrawn. The time necessary to complete the evaluation of the application may be extended by the time required for the receipt of the additional information. Requests for information do not affect the applicant’s queue position. (d) A public utility must use IEEE 1547 and IEEE 1547.1 to evaluate small generator interconnection applications unless otherwise specified in these rules or unless the Commission grants a waiver to use different or additional standards. (e) Reference Point of Applicability Review. (A) For Tier 4 applications, the public utility will raise any concerns about the RPA in the scoping meeting. (B) For Tier 1 through Tier 3 applications, the public utility notifies an applicant if the proposed RPA is appropriate when it provides screen results. If the RPA is inappropriate the public utility will notify the applicant in writing, including an explanation as to why it requires correction. The applicant must resubmit the application with the corrected RPA within ten business days. If the applicant does not provide the appropriate RPA, a request for an extension of time, or request an applicant options meeting within the deadline, the application will be deemed withdrawn. (f) Interconnection Agreement. If the proposed interconnection is approved and requires no construction of facilities by the public utility, the public utility must provide the applicant an executed interconnection agreement no later than five business days after approving the interconnection. If the proposed interconnection is approved and requires construction of facilities, the public utility must provide the applicant an executed interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for any required upgrades, no later than 15 business days after approving the interconnection. If the applicant does not return a countersigned interconnection agreement and any required deposit not to exceed the amount in OAR 860-082-0035(5)(a) to the public utility, or request negotiation of a non-standard interconnection agreement, within 15 business days of receipt of an executed interconnection agreement, the application is deemed withdrawn. (A) An applicant or a public utility is entitled to the terms in the standard form agreement but may choose to negotiate for different terms. (B) If negotiated changes to a standard interconnection agreement are materially inconsistent with the small generator interconnection rules, then the applicant and the public utility must seek Commission approval of the negotiated interconnection agreement. (g) The applicant must provide the public utility written notice at least 20 business days before the planned commissioning for the small generator facility. (A) The public utility has the option of conducting a witness test at a mutually agreeable time within 10 business days of receipt of the certificate of completion. (B) The public utility must provide written notice to the applicant indicating whether the public utility plans to conduct a witness test or will waive the witness test within three business days of receipt of the certificate of completion. (C) If the public utility notifies the applicant that it plans to conduct a witness test but fails to conduct the witness test within 10 business days of receipt of the certificate of completion or within a time otherwise agreed upon by the applicant and the public utility, then the witness test is deemed waived. (D) If the witness test is conducted and is successful, or if the public utility waives the witness test, the public utility must provide the countersigned certificate of completion within five business days of conducting the witness test or waiver of witness test. (E) If the witness test is conducted and is not acceptable to the public utility, then the public utility must provide written notice to the applicant describing the deficiencies within five business days of conducting the witness test. The public utility must give the applicant 20 business days from the date of the applicant’s receipt of the notice to resolve the deficiencies. If the applicant fails to resolve the deficiencies to the reasonable satisfaction of the public utility within 20 business days or at a mutually agreeable time, then the application is deemed withdrawn. (h) A public utility must meet all applicable deadlines in the small generator interconnection rules unless the deadlines have been waived by agreement with an applicant or interconnection customer or by Commission order. If the public utility cannot meet an applicable deadline, then the public utility must provide written notice to the applicant or interconnection customer explaining the reasons for the failure to meet the deadline and an estimated alternative deadline. A public utility’s failure to meet an applicable deadline does not affect an applicant’s queue position. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 756.060 History: PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 10-2009, f. & cert. ef. 8-26-09