justicedao/ipfs_state_laws huggingface dataset:
860-039-0025 Application for Net Metering Interconnection (1) An application for interconnection review will be submitted on a standard form, available from the public utility and posted on the public utility’s website. The application form will require the following types of information: (a) The name of the applicant and the public utility involved; (b) The type and specifications of the net metering facility; (c) The level of interconnection review sought; e.g., Tier 1, Tier 2, or Tier 4; (d) The contractor who will install the net metering facility; (e) Equipment certifications; (f) The anticipated date the net metering facility will be operational; and (g) Other information that the utility deems is necessary to determine compliance with these net metering rules. (2) Within three business days after receiving an application for Tier 1 or Tier 2 interconnection review, the public utility will provide written or electronic mail notice to the applicant that it received the application and whether the application is complete. An application for interconnection is deemed complete when the public utility receives the information required by this rule. If the application is incomplete, the written notice will include a list of all of the information needed to complete the application. The applicant must provide the listed information within 10 business days of receipt of the list, or the application is deemed withdrawn. (3) An applicant will retain its original queue position for an interconnection request if the applicant resubmits its application at a higher tier of review within 30 business days of a utility’s denial of the application at a lower tier of review. (4) Each public utility will designate an employee or office from which an applicant can obtain basic application forms and information through an informal process. On request, the public utility must provide all relevant forms, documents, and technical requirements for submittal of a complete application for interconnection review under these net metering rules, as well as specific information necessary to contact the public utility representatives assigned to review the application. (5) On request, the public utility must meet with an applicant who qualifies for Tier 2 or Tier 4 interconnection review to assist them in preparing the application. (6) A public utility will not be responsible for the cost of determining the rating of equipment owned by a customer-generator or of equipment owned by other local customers. (7) At the time of application, an applicant may choose to simultaneously submit an executed public utility's standard form interconnection agreement. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.300 History: PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0045 Net Metering Interconnection Fees and Costs (1) A public utility may not charge an application, or other fee, to an applicant that requests Tier 1 interconnection review. However, if an application for Tier 1 interconnection review is denied, and the applicant resubmits the application under another review procedure, the public utility may impose a fee for the resubmitted application, consistent with this section. (2) For a Tier 2 interconnection review, the public utility may charge fees of up to $50.00 plus $1.00 per kilowatt of the net metering facility's capacity, plus the reasonable cost of any required minor modifications to the electric distribution system or additional review. Costs for such minor modifications or additional review will be based on the public utility’s non-binding, good faith estimates and the ultimate actual installed costs. Costs for engineering work done as part of any additional review will not exceed $100.00 per hour. A public utility may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index. (3) For a Tier 4 interconnection review, the public utility may charge fees of up to $100.00 plus $2.00 per kilowatt of the net metering facility's capacity, as well as charges for actual time spent on any required impact or facilities studies. Costs for engineering work done as part of an impact study or interconnection facilities study will not exceed $100.00 per hour. A public utility may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index. If the public utility must install facilities in order to accommodate the interconnection of the net metering facility, the cost of such facilities will be the responsibility of the applicant. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.300 History: PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0050 Requirements After Approval of a Net Metering Interconnection (1) A public utility may not require an applicant whose facility meets the criteria for interconnection approval under the Tier 1 or Tier 2 interconnection review procedure to perform or pay for additional tests, except if agreed to by the applicant. (2) A public utility may not charge any fee or other charge for connecting to the public utility's distribution system or for operation of a net metering facility for the purposes of net metering, except for the fees provided for under these net metering rules. (3) Once a net metering interconnection has been approved under these net metering rules, the public utility may not require a customer-generator to test or perform maintenance on its facility except for the following: (a) An annual test in which the net metering facility is disconnected from the public utility's equipment to ensure that the inverter stops delivering power to the grid; (b) Any manufacturer-recommended testing or maintenance; (c) Any post-installation testing necessary to ensure compliance with IEEE 1547 or to ensure safety; and (d) The customer-generator replaces a major equipment component that is different from the originally installed model. (4) When an approved net metering facility undergoes maintenance or testing in accordance with the requirements of these net metering rules, the customer-generator must retain written records for seven years documenting the maintenance and the results of testing. (5) A public utility has the right to inspect a customer-generator's facility after interconnection approval is granted, at reasonable hours and with reasonable prior notice to the customer-generator. If the public utility discovers that the net metering facility is not in compliance with the requirements of these net metering rules, the public utility may require the customer-generator to disconnect the net metering facility until compliance is achieved. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.300 History: PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0055 Net Metering Billing (1) Each monthly billing period, the public utility will charge the customer-generator the minimum monthly charge and all applicable charges for the net electricity that the public utility supplied. Subject to sections (2) and (3) of this rule, if in a monthly billing period a customer-generator supplies to the public utility more electricity than the public utility supplies the customer-generator, the public utility will apply the excess kilowatt-hours as a cumulative credit to the customer-generator’s next monthly bill. The credit for the excess kilowatt-hours will be applied at the full retail rate for each rate component on the bill that uses kilowatt-hours as the billing determinant. (2) Unless the public utility and the customer-generator otherwise agree, the annual billing cycle will end at the end of the March billing month of each year. Should the public utility and a customer-generator reach an agreement for a billing cycle ending other than at the end of the March billing month, the public utility must inform the Commission in writing of the alternative billing period within 30 calendar days of the agreement’s execution. (3) The alternative billing period must be for a period of twelve months or less. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0060 Excess Energy from Net Metering Facilities (1) Any unused kilowatt-hour credit accumulated by a customer-generator of a public utility at the conclusion of the annual billing cycle will be transferred, in a manner approved by the Commission, to customers enrolled in the public utility’s low-income assistance programs. The public utility will value any unused kilowatt-hour credit at the applicable average annual avoided cost tariff rate. (2) The customer-generator may not elect to receive a credit or payment for any unused credit accumulated at the conclusion of the annual billing cycle. (3) The public utility will report in writing to the Commission by July 1 each year the unused kilowatt-hour credits and the dollar amount transferred to the low-income assistance program in the previous billing year. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0070 Public Utility Maps, Records and Reports (1) Each public utility must maintain current maps and records of customer-generator net metering facilities showing size, location, generator type, and date of installation. (2) By April 1 of each year, the public utility will submit to the Commission an annual report with the following summary information for the previous year: (a) The total number of net metering facilities by resource type; and (b) The total estimated rated generating capacity of net metering facilities by resource type. (3) Upon request, each public utility must file with the Commission maps, records, and reports to identify, locate and summarize net metering facilities. All maps, records, and reports which the Commission may require the public utility to file must be in a form satisfactory to the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0075 Public Utility Not to Limit Net Metering Systems A public utility will not limit the cumulative generating capacity of net metering systems in any manner except as expressly ordered by the Commission under ORS 757.300(6). Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0080 Net Metering Insurance A public utility will not require a customer-generator whose net metering facility is in compliance with the standards in paragraphs (a) and (b) of ORS 757.300(4) and the safety standards contained in these rules to purchase additional liability insurance or to name the utility as an additional insured on the customer-generator’s liability insurance policy. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 8-2007, f. & cert. ef. 7-27-07
860-082-0005 Scope and Applicability (1) OAR 860-082-0005 through 860-082-0085 (the “small generator interconnection rules”) govern the interconnection of a small generator facility with a nameplate rating of 10 megawatts or less to a public utility’s transmission or distribution system. These rules do not apply if the interconnection between the small generator facility and the public utility is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC). (2) Except as specified in OAR 860-082-0025(1)(b), the small generator interconnection rules do not apply retroactively to a small generator facility that was interconnected to a public utility’s transmission or distribution system prior to the effective date of the small generator interconnection rules (an “existing small generator facility”). These rules become applicable to an existing small generator facility at the expiration of the agreement governing the terms of the interconnection of the existing small generator facility to the interconnected public utility’s transmission or distribution system. If an existing agreement does not have an expiration date, then the small generator interconnection rules become applicable to the existing small generator facility 10 years after the effective date of the rules. An existing small generator facility must submit an application under OAR 860-082-0025(1)(e) to the interconnected public utility no later than 60 business days before the date that the small generator interconnection rules become applicable. (3) Except where explicitly noted in OAR chapter 860, division 039, the small generator interconnection rules do not apply to the interconnection of a net metering facility, which is governed by OAR chapter 860, division 039. (4) A small generator facility that qualifies as a “small power production facility” under OAR 860-029-0010(25) must also comply with the rules in OAR chapter 860, division 029. If there is a conflict between the small generator interconnection rules and the rules in OAR chapter 860, division 029, then the small generator interconnection rules control. 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
860-082-0010 Waiver (1) Upon request or its own motion, the Commission may waive any of the Division 082 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (2) A public utility and an applicant or interconnection customer may agree to reasonable extensions to the required timelines in these rules without requesting a waiver from the Commission. (a) If a public utility and an applicant or interconnection customer are unable to agree to waive a timeline, then the public utility, applicant, or interconnection customer may request that the Commission grant a waiver. (b) In deciding whether to grant a waiver of a timeline, the Commission will consider the number of pending applications for interconnection review and the type of applications, including review level, facility type, and facility size. (c) Waiver of a timeline, whether by agreement or Commission order, does not affect an application’s queue position. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 756.060 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 10-2009, f. & cert. ef. 8-26-09
860-082-0020 Pre-Application Process (1) Each public utility must designate an employee or office from which relevant information about the small generator interconnection process, the public utility’s transmission or distribution system, and affected systems may be obtained through informal requests for a potential applicant proposing a small generator facility at a specific site. The public utility must post contact information for the employee or office on the public utility’s website. The information provided by the public utility in response to a potential applicant’s request must include relevant existing studies and other materials that may be used to understand the feasibility of interconnecting a small generator facility at a particular point on the public utility’s transmission or distribution system. The public utility must comply with reasonable requests for access to or copies of such information, except to the extent that providing such materials would violate security requirements, confidentiality obligations to third parties, or be contrary to federal or state regulations. The public utility may require a person to sign a confidentiality agreement if required to protect confidential or proprietary information. For a potential small generator facility requiring Tier 4 review, and at the potential applicant’s request, the public utility must meet with the potential applicant to exchange information. A public utility employee with relevant technical expertise must attend any such meeting. (2) A person requesting information under section (1) must reimburse the public utility for the reasonable costs of gathering and copying the requested information. 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
860-082-0040 Insurance (1) A public utility may not require an applicant or an interconnection customer with a small generator facility with a nameplate rating of 200 kilowatts or less to obtain liability insurance in order to interconnect with the public utility’s transmission or distribution system. (2) A public utility may require an applicant or an interconnection customer with a small generator facility with a nameplate rating greater than 200 kilowatts to obtain prudent amounts of general liability insurance in order to interconnect to the public utility’s transmission or distribution system. 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
860-082-0065 Recordkeeping and Reporting Requirements (1) The public utility must maintain a record of the following information for at least two years: (a) The number of complete small generator interconnection applications received; (b) The time required to complete the review process for each application; and (c) The reasons for the approval or denial of each application. (2) For as long as an interconnection customer’s small generator facility is interconnected to a public utility’s transmission or distribution system, the interconnecting public utility must maintain copies of the interconnection application, interconnection agreement, and certificate of completion for the small generator facility. The public utility must provide a copy of the interconnection customer’s records to the interconnection customer within 15 business days after receipt of a written request. (3) The public utility must submit an annual report to the Commission summarizing the public utility’s interconnection activities for the previous calendar year. The annual report must be filed by May 30 and must include the following information: (a) The number of complete small generator interconnection applications received; (b) The number of small generator facility interconnections completed; (c) The types of small generator facilities applying for interconnection and the nameplate rating of the facilities; (d) The location of completed and proposed small generator facilities by zip code; (e) For each Tier 3 and Tier 4 small generator interconnection approval, the basic telemetry configuration, if applicable; and (f) For each Tier 4 small generator interconnection approval: (A) The interconnection facilities required to accommodate the interconnection of a small generator facility and the estimated costs of those facilities; and (B) The system upgrades required to accommodate the interconnection of a small generator facility and the estimated costs of those upgrades. 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
860-083-0005 Scope and Applicability of Renewable Portfolio Standards Rules (1) OAR 860-083-0005 through 860-083-0500 (the “Renewable Portfolio Standards rules”) establish rules governing implementation of Renewable Portfolio Standards for electric companies and electricity service suppliers provided under ORS 469A.005 through 469A.210. (2) Upon request or its own motion, the Commission may waive any of the Division 083 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 756.040, 757.659 & 469A.065 Statutes/Other Implemented: 469A.065 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 8-2009, f. & cert. ef. 8-5-09 PUC 7-2009, f. & cert. ef. 6-25-09
860-083-0050 Renewable Energy Certificates Eligible for Compliance With a Renewable Portfolio Standard An electric company or an electricity service supplier may use a renewable energy certificate to comply with a renewable portfolio standard contained in ORS 469A.052, 469A.055, or 469A.065 in a calendar year as follows: (1) The electric company or electricity service supplier has not previously used, sold or otherwise transferred the renewable energy certificate; (2) The electric company has not previously used the renewable energy certificate to comply with requirements set forth in its own tariff that is in effect in Oregon or in another state, that are not related to an ORS 469A renewable portfolio standard or similar standard in another state; (3) A renewable energy certificate that has been traded, sold or otherwise transferred is not eligible to become a banked renewable energy certificate; and (4) The renewable energy certificate complies with OAR 330-160-0005 through 330-160-0030 (effective September 3, 2008). Statutory/Other Authority: ORS 756.040, 757.659, 469A.065, 469A.150 & 469A.170 Statutes/Other Implemented: ORS 469A.005, 469A.050 - 469A.055, 469A.065 - 469A.070 & 469A.130 - 469A.170 History: PUC 7-2009, f. & cert. ef. 6-25-09
860-084-0000 Scope and Applicability of Solar Photovoltaic Programs (1) OAR 860-084-0070 governs credit towards compliance with renewable portfolio standard for electricity produced from solar photovoltaic energy. (2) OAR 860-084-0100 through 860-084-0450 (the “Solar Photovoltaic Pilot Programs”) govern implementation of pilot programs to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity delivered from solar photovoltaic energy systems. (3) Upon request or its own motion, the Commission may waive any of the Division 084 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018 PUC 6-2011, f. & cert. ef. 9-14-11 PUC 2-2010, f. & cert. ef. 6-1-10
860-084-0070 Renewable Energy Certificates and Compliance with the Renewable Portfolio Standards (1) Each renewable energy certificate associated with the electricity produced by solar photovoltaic systems that is physically located in this state may be used to comply with the renewable portfolio standards established under ORS 469A.005 through 469A.120. (2) For each kilowatt-hour of electricity produced from a qualifying solar photovoltaic energy system that first becomes operational before January 1, 2016, and has a nameplate capacity between 500 kilowatts and five megawatts of alternating current, the electric company may be credited with two kilowatt-hours of qualifying electricity toward the electric company's compliance with the renewable portfolio standard, up to a maximum of 20 megawatts of capacity. Statutory/Other Authority: ORS 757.360 - 757.380 Statutes/Other Implemented: ORS 757.360 - 757.380 History: PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018 PUC 7-2011, f. & cert. ef. 9-30-11 PUC 2-2010, f. & cert. ef. 6-1-10