Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 466 - ELECTRIC INTERCONNECTION OF DISTRIBUTED GENERATION FACILITIES › Appendix D - Levels 1 to 4 Contract

Current through Register Vol. 48, No. 28, July 12, 2024
STANDARD AGREEMENT FOR INTERCONNECTION OF
				DISTRIBUTED ENERGY RESOURCES FACILITIES WITH A CAPACITY LESS THAN OR EQUAL TO 10
				MVA
This agreement ("Agreement") is made and entered into this _________
				day of _________________, by and between ____________ ("interconnection customer"),
				as an individual person, or as a _____________________organized and existing under
				the laws of the State of __________________and______________,
				("Electric______________ Distribution Company" (EDC)), a _________ existing under
				the laws of the State of Illinois. Interconnection customer and EDC each may be
				referred to as a "Party," or collectively as the "Parties."
Recitals:
Whereas,
interconnection customer is proposing to
				install or direct the installation of a distributed energy resources (DER) facility,
				or is proposing a generating capacity addition to an existing DER facility,
				consistent with the interconnection request application form completed by
				interconnection customer on ________________; and
Whereas,
the interconnection customer will operate and
				maintain, or cause the operation and maintenance of, the DER facility; and
Whereas,
interconnection customer desires to
				interconnect the DER facility with EDC's electric distribution system.
Now, therefore,
in consideration of the premises and
				mutual covenants set forth in this Agreement, and other good and valuable
				consideration, the receipt, sufficiency and adequacy of which are hereby
				acknowledged, the Parties covenant and agree as follows:
Article 1.
Scope and
				Limitations of Agreeme
nt
1.1 This Agreement
				shall be used for all approved interconnection requests for DER facilities that fall
				under Levels 1, 2, 3 and 4 according to the procedures set forth in Part 466 of the
				Commission's rules (83 Ill. Adm. Code 466) (referred to as the Illinois Distributed
				Energy Resources Interconnection Standard).
1.2 This Agreement governs the terms and conditions under which the
				DER facility will interconnect to, and operate in parallel with, the EDC's electric
				distribution system.
1.3 This
				Agreement does not constitute an agreement to purchase or deliver the
				interconnection customer's power.
1.4 Nothing in this Agreement is intended to affect any other
				agreement between the EDC and the interconnection customer.
1.5 Terms used in
				this Agreement are defined as in Section 466.20 of the Illinois Distributed Energy
				Resources Interconnection Standard unless otherwise noted.
1.6 Responsibilities of the Parties
1.6.1 The Parties shall perform all obligations of this
				Agreement in accordance with all applicable laws and regulations.
1.6.2 The EDC shall construct, own, operate, and maintain
				its interconnection facilities in accordance with this Agreement.
1.6.3 The interconnection customer shall construct, own,
				operate, and maintain its DER facility and interconnection facilities in accordance
				with this Agreement.
1.6.4 Each Party shall operate, maintain, repair, and
				inspect, and shall be fully responsible for, the facilities that it now or
				subsequently may own unless otherwise specified in the attachments to this
				Agreement. Each Party shall be responsible for the safe installation, maintenance,
				repair and condition of its respective lines and appurtenances on its respective
				sides of the point of interconnection.
1.6.5 The interconnection customer agrees to design,
				install, maintain and operate its DER facility so as to minimize the likelihood of
				causing an adverse system impact on the electric distribution system or any other
				electric system that is not owned or operated by the EDC.
1.7 Parallel Operation Obligations
Once the DER facility has been authorized to commence parallel
				operation, the interconnection customer shall abide by all operating procedures
				established in IEEE Standard 1547 and any other applicable laws, statutes or
				guidelines, including those specified in Attachment 4 of this Agreement.
1.8
				Metering
The interconnection customer shall be responsible for the cost to
				purchase, install, operate, maintain, test, repair, and replace metering and data
				acquisition equipment specified in Attachments 5 and 6 of this Agreement.
1.9 Reactive Power
1.9.1 Interconnection customers with a DER facility
				larger than or equal to 1 MVA shall design their DER facilities to maintain a power
				factor at the point of interconnection between .95 lagging and .95 leading at all
				times. Interconnection customers with a DER facility smaller than 1 MVA shall design
				their DER facility to maintain a power factor at the point of interconnection
				between .90 lagging and .90 leading at all times.
1.9.2 Any EDC requirements for meeting a specific voltage
				or specific reactive power schedule as a condition for interconnection shall be
				clearly specified in Attachment 4. Under no circumstance shall the EDC's additional
				requirements for voltage or reactive power schedules exceed the normal operating
				capabilities of the DER facility.
1.9.3 If the interconnection customer does not operate
				the DER facility within the power factor range specified in Attachment 4, or does
				not operate the distribute generation facility in accordance with a voltage or
				reactive power schedule specified in Attachment 4, the interconnection customer is
				in default under this Agreement, and the terms of Article 6.5 apply.
1.10
				Standards of Operations
The interconnection customer must obtain all
				certifications, permits, licenses and approvals necessary to construct, operate and
				maintain the facility and to perform its obligations under this Agreement. The
				interconnection customer is responsible for coordinating and synchronizing the DER
				facility with the EDC's system. The interconnection customer is responsible for any
				damage that is caused by the interconnection customer's failure to coordinate or
				synchronize the DER facility with the electric distribution system. The
				interconnection customer agrees to be primarily liable for any damages resulting
				from the continued operation of the DER facility after the EDC ceases to energize
				the line section to which the DER facility is connected. In Attachment 4, the EDC
				shall specify the shortest reclose time setting for its protection equipment that
				could affect the DER facility. The EDC shall notify the interconnection customer at
				least 10 business days prior to adopting a faster reclose time on any automatic
				protective equipment, such as a circuit breaker or line recloser, that might affect
				the DER facility.
Article 2.
Inspection,
				Testing, Authorization, and Right of Access
2.1 Equipment Testing and Inspection
The interconnection customer shall test and inspect its DER facility
				including the interconnection equipment prior to interconnection in accordance with
				IEEE Standard 1547 (2003) and IEEE Standard 1547.1(2005). The interconnection
				customer shall not operate its DER facility in parallel with the EDC's electric
				distribution system without prior written authorization by the EDC as provided for
				in Articles 2.1.1-2.1.3.
2.1.1 The EDC shall perform a witness test after
				construction of the DER facility is completed, but before parallel operation, unless
				the EDC specifically waives the witness test. The interconnection customer shall
				provide the EDC at least 15 business days' notice of the planned commissioning test
				for the DER facility. If the EDC performs a witness test at a time that is not
				concurrent with the commissioning test, it shall contact the interconnection
				customer to schedule the witness test at a mutually agreeable time within 10
				business days after the scheduled commissioning test designated on the application.
				If the EDC does not perform the witness test within 10 business days after the
				commissioning test, the witness test is deemed waived unless the Parties mutually
				agree to extend the date for scheduling the witness test, or unless the EDC cannot
				do so for good cause, in which case, the Parties shall agree to another date for
				scheduling the test within 10 business days after the original scheduled date. If
				the witness test is not acceptable to the EDC, the EDC shall deliver in writing a
				detailed technical description of all deficiencies of the DER facility identified by
				the EDC during the witness test. The interconnection customer has 30 business days
				after receipt of the written description to address and resolve any deficiencies.
				This time period may be extended upon agreement between the EDC and the
				interconnection customer. If the interconnection customer fails to address and
				resolve the deficiencies to the satisfaction of the EDC, the applicable cure
				provisions of Article 6.5 shall apply. The interconnection customer shall, if
				requested by the EDC, provide a copy of all documentation in its possession
				regarding testing conducted pursuant to IEEE Standard 1547.1.
2.1.2 If the interconnection customer conducts interim
				testing of the DER facility prior to the witness test, the interconnection customer
				shall obtain permission from the EDC before each occurrence of operating the DER
				facility in parallel with the electric distribution system. The EDC may, at its own
				expense, send qualified personnel to the DER facility to observe such interim
				testing, but it cannot mandate that these tests be considered in the final witness
				test. The EDC is not required to observe the interim testing or precluded from
				requiring the tests be repeated at the final witness test. During and leading up to
				the witness test, the EDC shall not limit the interconnection customer's ability to
				test the DER facility during normal working hours except for safety and reliability
				reasons.
2.1.3 After the DER facility passes the witness test, the
				EDC shall affix an authorized signature to the certificate of completion and return
				it to the interconnection customer approving the interconnection and authorizing
				parallel operation. The authorization shall not be conditioned or delayed and the
				EDC shall return the signed certificate of completion to the interconnection
				customer no more than 10 business days after the date that the DER facility passes
				the witness test.
2.2 Commercial Operation
The interconnection customer shall not operate the DER
				facility, except for interim testing as provided in Article 2.1, until such time as
				the certificate of completion is signed by all Parties.
2.3 Right of Access
The EDC must have access to the disconnect switch and
				metering equipment of the DER facility at all times. When practical, the EDC shall
				provide notice to the customer prior to using its right of access.
Article 3.
Effective
				Date, Term, Termination, and Disconnection
3.1 Effective Date
This Agreement shall become effective upon execution by
				all Parties.
3.2 Term of Agreement
This Agreement shall become effective on the effective
				date and shall remain in effect unless terminated in accordance with Article 3.3 of
				this Agreement.
3.3 Termination
3.3.1 The interconnection customer may terminate this
				Agreement at any time by giving the EDC 30 calendar days prior written
				notice.
3.3.2 Either Party may terminate this Agreement after
				default pursuant to Article 6.5.
3.3.3 The EDC may terminate, upon 60 calendar days' prior
				written notice, for failure of the interconnection customer to complete construction
				of the DER facility within 12 months after the in-service date as specified by the
				Parties in Attachment 2, which may be extended by agreement between the
				Parties.
3.3.4 The EDC may terminate this Agreement, upon 60
				calendar days' prior written notice, if the interconnection customer has abandoned,
				cancelled, permanently disconnected or stopped development, construction, or
				operation of the DER facility, or if the interconnection customer fails to operate
				the DER facility in parallel with the EDC's electric system for three consecutive
				years.
3.3.5 Upon termination of this Agreement, the DER
				facility will be disconnected from the EDC's electric distribution system.
				Terminating this Agreement does not relieve either Party of its liabilities and
				obligations that are owed or continuing when the Agreement is terminated.
3.3.6 If the Agreement is terminated, the interconnection
				customer loses its position in the interconnection queue.
3.4 Temporary Disconnection
A Party may temporarily disconnect the DER facility from
				the electric distribution system in the event one or more of the following
				conditions or events occurs:
3.4.1 Emergency
				conditions - shall mean any condition or situation: (1) that in the judgment of the
				Party making the claim is likely to endanger life or property; or (2) that the EDC
				determines is likely to cause an adverse system impact, or is likely to have a
				material adverse effect on the EDC's electric distribution system, interconnection
				facilities or other facilities, or is likely to interrupt or materially interfere
				with the provision of electric utility service to other customers; or (3) that is
				likely to cause a material adverse effect on the DER facility or the interconnection
				equipment. Under emergency conditions, the EDC or the interconnection customer may
				suspend interconnection service and temporarily disconnect the DER facility from the
				electric distribution system. The EDC must notify the interconnection customer when
				it becomes aware of any conditions that might affect the interconnection customer's
				operation of the DER facility. The interconnection customer shall notify the EDC
				when it becomes aware of any condition that might affect the EDC's electric
				distribution system. To the extent information is known, the notification shall
				describe the condition, the extent of the damage or deficiency, the expected effect
				on the operation of both Parties' facilities and operations, its anticipated
				duration, and the necessary corrective action.
3.4.2 Scheduled maintenance, construction, or repair -
				the EDC may interrupt interconnection service or curtail the output of the DER
				facility and temporarily disconnect the DER facility from the EDC's electric
				distribution system when necessary for scheduled maintenance, construction, or
				repairs on EDC's electric distribution system. The EDC shall provide the
				interconnection customer with notice no less than 5 business days before an
				interruption due to scheduled maintenance, construction, or repair, or the EDC shall
				provide notice immediately if the scheduled maintenance, construction, or repair is
				scheduled less than 5 business days in advance. The EDC shall coordinate the
				reduction or temporary disconnection with the interconnection customer; however, the
				interconnection customer is responsible for out-of-pocket costs incurred by the EDC
				for deferring or rescheduling maintenance, construction or repair at the
				interconnection customer's request.
3.4.3 Forced outages - The EDC may suspend
				interconnection service to repair the EDC's electric distribution system. The EDC
				shall provide the interconnection customer with prior notice, if possible. If prior
				notice is not possible, the EDC shall, upon written request, provide the
				interconnection customer with written documentation, after the fact, explaining the
				circumstances of the disconnection.
3.4.4 Adverse system impact - the EDC must provide the
				interconnection customer with written notice of its intention to disconnect the DER
				facility, if the EDC determines that operation of the DER facility creates an
				adverse system impact. The documentation that supports the EDC's decision to
				disconnect must be provided to the interconnection customer. The EDC may disconnect
				the DER facility if, after receipt of the notice, the interconnection customer fails
				to remedy the adverse system impact, unless emergency conditions exist, in which
				case, the provisions of Article 3.4.1 apply. The EDC may continue to leave the
				generating facility disconnected until the adverse system impact is
				corrected.
3.4.5 Modification of the DER facility - The
				interconnection customer must receive written authorization from the EDC prior to
				making any change to the DER facility, other than a minor equipment modification. If
				the interconnection customer modifies its facility without the EDC's prior written
				authorization, the EDC has the right to disconnect the DER facility until such time
				as the EDC concludes the modification poses no threat to the safety or reliability
				of its electric distribution system.
3.4.6 The EDC's compliance with Article 3 shall preclude
				any claim for damages for any lost opportunity or other costs incurred by the
				interconnection customer as a result of an interruption of service under Article 3.
				Any dispute over whether the EDC complied with Article 3 shall be resolved in
				accordance with the dispute resolution mechanism set forth in Article 8.
Article 4.
Cost
				Responsibility for Interconnection Facilities and Distribution
				Upgrades
4.1 Interconnection Facilities
4.1.1 The interconnection customer shall pay, or
				reimburse the EDC, as applicable, for the cost of the interconnection facilities
				itemized in Attachment 3. The EDC shall identify the additional interconnection
				facilities necessary to interconnect the DER facility with the EDC's electric
				distribution system, the cost of those facilities, and the time required to build
				and install those facilities, as well as an estimated date of completion of the
				building or installation of those facilities.
4.1.2 The interconnection customer is responsible for its
				expenses, including overheads, associated with owning, operating, maintaining,
				repairing, and replacing its interconnection equipment.
4.2 Distribution Upgrades
The EDC shall design, procure, construct, install, and
				own any distribution upgrades. The actual cost of the distribution upgrades,
				including overheads, shall be directly assigned to the interconnection customer
				whose DER facility caused the need for the distribution upgrades.
Article 5.
Billing,
				Payment, Milestones, and Financial Security
5.1 Billing and Payment Procedures and Final Accounting (Applies to
				supplemental reviews conducted under Level 1, 2 or 3 review with EDC construction
				necessary for accommodating the DER facility, and Level 4 reviews)
5.1.1 The EDC shall bill the interconnection customer for
				the design, engineering, construction, and procurement costs of EDC-provided
				interconnection facilities and distribution upgrades contemplated by this Agreement
				as set forth in Attachment 3. The billing shall occur on a monthly basis, or as
				otherwise agreed to between the Parties. The interconnection customer shall pay each
				bill within 30 calendar days after receipt, or as otherwise agreed to between the
				Parties.
5.1.2 Unless waived by the interconnection customer,
				within 90 calendar days after completing the construction and installation of the
				EDC's interconnection facilities and distribution upgrades described in Attachments
				2 and 3 to this Agreement, the EDC shall provide the interconnection customer with a
				final accounting report of any difference between (1) the actual cost incurred to
				complete the construction and installation of the EDC's interconnection facilities
				and distribution upgrades; and (2) the interconnection customer's previous deposit
				and aggregate payments to the EDC for the interconnection facilities and
				distribution upgrades. If the interconnection customer's cost responsibility exceeds
				its previous deposit and aggregate payments, the EDC shall invoice the
				interconnection customer for the amount due and the interconnection customer shall
				pay the EDC within 30 calendar days. If the interconnection customer's previous
				deposit and aggregate payments exceed its cost responsibility under this Agreement,
				the EDC shall refund to the interconnection customer an amount equal to the
				difference within 30 calendar days after the final accounting report. Upon request
				from the interconnection customer, if the difference between the budget estimate and
				the actual cost exceeds 20%, the EDC will provide a written explanation for the
				difference.
5.1.3 If a Party disputes any portion of its payment
				obligation pursuant to this Article 5, the Party shall pay in a timely manner all
				non-disputed portions of its invoice, and the disputed amount shall be resolved
				pursuant to the dispute resolution provisions contained in Article 8. A Party
				disputing a portion of an Article 5 payment shall not be considered to be in default
				of its obligations under this Article.
5.2 Interconnection Customer Deposit
Within 15 business days after signing and returning the
				interconnection agreement to the EDC, the interconnection customer shall provide the
				EDC with a deposit equal to 100% of the estimated, non-binding cost to procure,
				install, or construct any such facilities. However, when the estimated date of
				completion of the building or installation of facilities exceeds three months from
				the date of notification, pursuant to Article 4.1.1 of this Agreement, this deposit
				may be held in escrow by a mutually agreed-upon third-party, with any interest to
				inure to the benefit of the interconnection customer. To the extent that this
				interconnection agreement is terminated for any reason, the EDC shall return all
				deposits provided by the interconnection customer, less any actual costs incurred by
				the EDC.
Article 6.
Assignment,
				Limitation on Damages, Indemnity, Force Majeure, and Default
6.1 Assignment
This Agreement may be assigned by either Party. If the
				interconnection customer attempts to assign this Agreement, the assignee must agree
				to the terms of this Agreement in writing and such writing must be provided to the
				EDC. Any attempted assignment that violates this Article is void and ineffective.
				Assignment shall not relieve a Party of its obligations, nor shall a Party's
				obligations be enlarged, in whole or in part, by reason of the assignment. An
				assignee is responsible for meeting the same obligations as the assignor.
6.1.1 Either Party may assign this Agreement without the
				consent of the other Party to any affiliate (including mergers, consolidations or
				transfers, or a sale of a substantial portion of the Party's assets, between the
				Party and another entity), of the assigning Party that has an equal or greater
				credit rating and the legal authority and operational ability to satisfy the
				obligations of the assigning Party under this Agreement.
6.1.2 The interconnection customer can assign this
				Agreement, without the consent of the EDC, for collateral security purposes to aid
				in providing financing for the DER facility.
6.2 Limitation on Damages
Except for cases of gross negligence or willful
				misconduct, the liability of any Party to this Agreement shall be limited to direct
				actual damages and reasonable attorney's fees, and all other damages at law are
				waived. Under no circumstances, except for cases of gross negligence or willful
				misconduct, shall any Party or its directors, officers, employees and agents, or any
				of them, be liable to another Party, whether in tort, contract or other basis in law
				or equity for any special, indirect, punitive, exemplary or consequential damages,
				including lost profits, lost revenues, replacement power, cost of capital or
				replacement equipment. This limitation on damages shall not affect any Party's
				rights to obtain equitable relief, including specific performance, as otherwise
				provided in this Agreement. The provisions of this Article 6.2 shall survive the
				termination or expiration of the Agreement.
6.3 Indemnity
6.3.1 This provision protects each Party from liability
				incurred to third parties as a result of carrying out the provisions of this
				Agreement. Liability under this provision is exempt from the general limitations on
				liability found in Article 6.2.
6.3.2 The interconnection customer shall indemnify and
				defend the EDC and the EDC's directors, officers, employees, and agents, from all
				damages and expenses resulting from a third party claim arising out of or based upon
				the interconnection customer's (a) negligence or willful misconduct or (b) breach of
				this Agreement.
6.3.3 The EDC shall indemnify and defend the
				interconnection customer and the interconnection customer's directors, officers,
				employees, and agents from all damages and expenses resulting from a third party
				claim arising out of or based upon the EDC's (a) negligence or willful misconduct or
				(b) breach of this Agreement.
6.3.4 Within 5 business days after receipt by an
				indemnified Party of any claim or notice that an action or administrative or legal
				proceeding or investigation as to which the indemnity provided for in this Article
				may apply has commenced, the indemnified Party shall notify the indemnifying Party
				of such fact. The failure to notify, or a delay in notification, shall not affect a
				Party's indemnification obligation unless that failure or delay is materially
				prejudicial to the indemnifying Party.
6.3.5 If an indemnified Party is entitled to
				indemnification under this Article as a result of a claim by a third party, and the
				indemnifying Party fails, after notice and reasonable opportunity to proceed under
				this Article, to assume the defense of such claim, that indemnified Party may, at
				the expense of the indemnifying Party, contest, settle or consent to the entry of
				any judgment with respect to, or pay in full, the claim.
6.3.6 If an indemnifying Party is obligated to indemnify
				and hold any indemnified Party harmless under this Article, the amount owing to the
				indemnified person shall be the amount of the indemnified Party's actual loss, net
				of any insurance or other recovery.
6.4 Force Majeure
6.4.1 As used in this Article, a force majeure event
				shall mean any act of God, labor disturbance, act of the public enemy, war, acts of
				terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident
				to machinery or equipment through no direct, indirect, or contributory act of a
				Party, any order, regulation or restriction imposed by governmental, military or
				lawfully established civilian authorities, or any other cause beyond a Party's
				control. A force majeure event does not include an act of gross negligence or
				intentional wrongdoing by the Party claiming force majeure.
6.4.2 If a force majeure event prevents a Party from
				fulfilling any obligations under this Agreement, the Party affected by the force
				majeure event ("Affected Party") shall notify the other Party of the existence of
				the force majeure event within one business day. The notification must specify the
				circumstances of the force majeure event, its expected duration, and the steps that
				the Affected Party is taking and will take to mitigate the effects of the event on
				its performance. If the initial notification is verbal, it must be followed up with
				a written notification within one business day. The Affected Party shall keep the
				other Party informed on a continuing basis of developments relating to the force
				majeure event until the event ends. The Affected Party may suspend or modify its
				obligations under this Agreement (other than the obligation to make payments) only
				to the extent that the effect of the force majeure event cannot be otherwise
				mitigated.
6.5 Default
6.5.1 No default shall exist when the failure to
				discharge an obligation (other than the payment of money) results from a force
				majeure event as defined in this Agreement, or the result of an act or omission of
				the other Party.
6.5.2 A Party shall be in default ("Default") of this
				Agreement if it fails in any material respect to comply with, observe or perform, or
				defaults in the performance of, any covenant or obligation under this Agreement and
				fails to cure the failure within 60 calendar days after receiving written notice
				from the other Party. Upon a default of this Agreement, the non-defaulting Party
				shall give written notice of the default to the defaulting Party. Except as provided
				in Article 6.5.3, the defaulting Party has 60 calendar days after receipt of the
				default notice to cure the default; provided, however, if the default cannot be
				cured within 60 calendar days, the defaulting Party shall commence the cure within
				20 calendar days after original notice and complete the cure within six months from
				receipt of the default notice; and, if cured within that time, the default specified
				in the notice shall cease to exist.
6.5.3 If a Party has assigned this Agreement in a manner
				that is not specifically authorized by Article 6.1, fails to provide reasonable
				access pursuant to Article 2.3, and is in default of its obligations pursuant to
				Article 7, or if a Party is in default of its payment obligations pursuant to
				Article 5 of this Agreement, the defaulting Party has 30 days from receipt of the
				default notice to cure the default.
6.5.4 If a default is not cured as provided for in this
				Article, or if a default is not capable of being cured within the period provided
				for in this Article, the non-defaulting Party shall have the right to terminate this
				Agreement by written notice, and be relieved of any further obligation under this
				Agreement and, whether or not that Party terminates this Agreement, to recover from
				the defaulting Party all amounts due under this Agreement, plus all other damages
				and remedies to which it is entitled at law or in equity. The provisions of this
				Article shall survive termination of this Agreement.
Article 7.
Insurance
For DER facilities with a nameplate capacity of 1 MVA or above, the
				interconnection customer shall carry sufficient insurance coverage so that the
				maximum comprehensive/general liability coverage that is continuously maintained by
				the interconnection customer during the term shall be not less than $2,000,000 for
				each occurrence, and an aggregate, if any, of at least $4,000,000. The EDC, its
				officers, employees and agents shall be added as an additional insured on this
				policy. The interconnection customer agrees to provide the EDC with at least 30
				calendar days advance written notice of cancellation, reduction in limits, or
				non-renewal of any insurance policy required by this Article.
Article 8.
Dispute
				Resolution
8.1 Parties
				shall attempt to resolve all disputes regarding interconnection as provided in this
				Article in a good faith manner.
8.2 If there is a dispute between the Parties about implementation
				or an interpretation of the Agreement, the aggrieved Party shall issue a written
				notice to the other Party to the Agreement that specifies the dispute and the
				Agreement articles that are disputed.
8.3 A meeting between the Parties shall be held within 10 days after
				receipt of the written notice. Persons with decision-making authority from each
				Party shall attend the meeting. If the dispute involves technical issues, persons
				with sufficient technical expertise and familiarity with the issue in dispute from
				each Party shall also attend the meeting. The meeting may be conducted by
				teleconference. The informal process between the parties shall extend 30 days after
				the receipt of written notice, after which the dispute is deemed resolved and the
				timeframes for decisions within the interconnection process resume, unless one of
				the parties seeks resolution through non-binding arbitration procedures described in
				Article 8.4 or files a formal complaint at the Commission prior to the end of the
				30-day period.
8.4 If the parties are unable to resolve the dispute through the
				process outlined in Article 8.3, either party may submit the interconnection dispute
				to an Ombudsman for non-binding arbitration. The party electing non-binding
				arbitration shall notify the other party of the request in writing. The non-binding
				arbitration process is limited to 60 days, absent mutual agreement of the parties
				and the Ombudsman to a longer period.
8.5 Each
				party shall bear its own fees, costs and expenses and an equal share of the expenses
				of the non-binding arbitration.
8.6 Within 10 days after the conclusion of the procedures in Article
				8.4, either party may initiate a formal complaint with the Commission and ask for an
				expedited resolution of the dispute. If the complaint seeks expedited resolution,
				any written recommendation of the Ombudsman shall be appended to the complaint. The
				formal complaint shall proceed as a contested hearing pursuant to the Commission's
				Rules of Practice.
8.7 A party may, after good faith negotiations have failed, decline
				to pursue non-binding arbitration and instead initiate a formal complaint with the
				Commission. The formal complaint shall proceed as a contested hearing pursuant to
				the Commission's Rules of Practice.
8.8 Pursuit of dispute resolution may not affect an interconnection
				request or an interconnection applicant's position in the EDC's interconnection
				queue.
8.9 If the Parties fail to resolve their dispute under the dispute
				resolution provisions of this Article, nothing in this Article shall affect any
				Party's rights to obtain equitable relief, including specific performance, as
				otherwise provided in this Agreement.
Article 9.
Miscellaneous
9.1 Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this
				Agreement and each of its provisions shall be governed by the laws of the State of
				Illinois, without regard to its conflicts of law principles. This Agreement is
				subject to all applicable laws and regulations. Each Party expressly reserves the
				right to seek change in, appeal, or otherwise contest any laws, orders or
				regulations of a governmental authority. The language in all parts of this Agreement
				shall in all cases be construed as a whole, according to its fair meaning, and not
				strictly for or against the EDC or interconnection customer, regardless of the
				involvement of either Party in drafting this Agreement.
9.2 Amendment
Modification of this Agreement shall be only by a written
				instrument duly executed by both Parties.
9.3 No Third-Party Beneficiaries
This Agreement is not intended to and does not create
				rights, remedies, or benefits of any character whatsoever in favor of any persons,
				corporations, associations, or entities other than the Parties, and the obligations
				in this Agreement assumed are solely for the use and benefit of the Parties, their
				successors in interest and, where permitted, their assigns.
9.4 Waiver
9.4.1 Except as otherwise provided in this Agreement, a
				Party's compliance with any obligation, covenant, agreement, or condition in this
				Agreement may be waived by the Party entitled to the benefits thereof only by a
				written instrument signed by the Party granting the waiver, but the waiver or
				failure to insist upon strict compliance with the obligation, covenant, agreement,
				or condition shall not operate as a waiver of, or estoppel with respect to, any
				subsequent or other failure.
9.4.2. Failure of any Party to enforce or insist upon
				compliance with any of the terms or conditions of this Agreement, or to give notice
				or declare this Agreement or the rights under this Agreement terminated, shall not
				constitute a waiver or relinquishment of any rights set out in this Agreement, but
				the same shall be and remain at all times in full force and effect, unless and only
				to the extent expressly set forth in a written document signed by that Party
				granting the waiver or relinquishing any such rights. Any waiver granted, or
				relinquishment of any right, by a Party shall not operate as a relinquishment of any
				other rights or a waiver of any other failure of the Party granted the waiver to
				comply with any obligation, covenant, agreement, or condition of this
				Agreement.
9.5 Entire Agreement
Except as provided in Article 9.1, this Agreement,
				including all attachments, constitutes the entire Agreement between the Parties with
				reference to the subject matter of this Agreement, and supersedes all prior and
				contemporaneous understandings or agreements, oral or written, between the Parties
				with respect to the subject matter of this Agreement. There are no other agreements,
				representations, warranties, or covenants that constitute any part of the
				consideration for, or any condition to, either Party's compliance with its
				obligations under this Agreement.
9.6 Multiple Counterparts
This Agreement may be executed in two or more
				counterparts, each of which is deemed an original, but all constitute one and the
				same instrument.
9.7 No Partnership
This Agreement shall not be interpreted or construed to
				create an association, joint venture, agency relationship, or partnership between
				the Parties, or to impose any partnership obligation or partnership liability upon
				either Party. Neither Party shall have any right, power or authority to enter into
				any agreement or undertaking for, or act on behalf of, or to act as or be an agent
				or representative of, or to otherwise bind, the other Party.
9.8 Severability
If any provision or portion of this Agreement shall for
				any reason be held or adjudged to be invalid or illegal or unenforceable by any
				court of competent jurisdiction or other governmental authority, (1) that portion or
				provision shall be deemed separate and independent, (2) the Parties shall negotiate
				in good faith to restore insofar as practicable the benefits to each Party that were
				affected by the ruling, and (3) the remainder of this Agreement shall remain in full
				force and effect.
9.9 Environmental Releases
Each Party shall notify the other Party of the release of
				any hazardous substances, any asbestos or lead abatement activities, or any type of
				remediation activities related to the DER facility or the interconnection
				facilities, each of which may reasonably be expected to affect the other Party. The
				notifying Party shall (1) provide the notice as soon as practicable, provided that
				Party makes a good faith effort to provide the notice no later than 24 hours after
				that Party becomes aware of the occurrence, and (2) promptly furnish to the other
				Party copies of any publicly available reports filed with any governmental
				authorities addressing such events.
9.10 Subcontractors
Nothing in this Agreement shall prevent a Party from
				using the services of any subcontractor it deems appropriate to perform its
				obligations under this Agreement; provided, however, that each Party shall require
				its subcontractors to comply with all applicable terms and conditions of this
				Agreement in providing services and each Party shall remain primarily liable to the
				other Party for the performance of the subcontractor.
9.10.1 A subcontract relationship does not relieve any
				Party of any of its obligations under this Agreement. The hiring Party remains
				responsible to the other Party for the acts or omissions of its subcontractor. Any
				applicable obligation imposed by this Agreement upon the hiring Party shall be
				equally binding upon, and shall be construed as having application to, any
				subcontractor of the hiring Party.
9.10.2 The obligations under this Article cannot be
				limited in any way by any limitation of subcontractor's insurance.
Article 10.
Notices
10.1 General
Unless otherwise provided in this Agreement, any written
				notice, demand, or request required or authorized in connection with this Agreement
				("Notice") shall be deemed properly given if delivered in person, delivered by
				recognized national courier service, or sent by first class mail, postage prepaid,
				to the person specified below:
If to Interconnection
				Customer:
Interconnection Customer:
				______________________________________
Attention:
				___________________________________________________
Address: ___________________________________________________
City: _____________________ State: __________ Zip:
				_______________
Phone: __________________ Fax: ___________ E-Mail:
				______________
If to EDC:
EDC: ______________________________________________________
Attention:
				___________________________________________________
Address: ___________________________________________________
City: _________________________ State: __________ Zip:
				___________
Phone: _________________Fax: _____________ E-Mail:
				_____________
Alternative Forms of Notice
Any notice or request required or permitted to be given by either
				Party to the other Party and not required by this Agreement to be in writing may be
				given by telephone, facsimile or e-mail to the telephone numbers and e-mail
				addresses set out above.
10.2 Billing and Payment
Billings and payments shall be sent to the addresses set
				out below:
If to Interconnection Customer:
Interconnection Customer:
				______________________________________
Attention:
				___________________________________________________
Address: ___________________________________________________
City: ______________________ State: _______
				Zip:______________
If to EDC:
EDC: ______________________________________________________
Attention:
				___________________________________________________
Address: ___________________________________________________
City: ______________________ State: _______
				Zip:______________
10.3 Designated Operating Representative
The Parties may also designate operating representatives
				to conduct the communications that may be necessary or convenient for the
				administration of this Agreement. This person will also serve as the point of
				contact with respect to operations and maintenance of the Party's facilities.
Interconnection Customer's
				Operating
Representative:
______________________________________
Attention:
				__________________________________________________
Address: __________________________________________________
City: ________________________ State: ________
				Zip:__________
EDC's Operating
				Representative:
_____________________________
Attention: __________________________________________________
Address: __________________________________________________
City: _______________________ State: _______
				Zip:____________
10.4 Changes to the Notice Information
Either Party may change this notice information by giving
				five business days written notice before the effective date of the change.
Article 11.
Signatures
IN WITNESS WHEREOF,
the Parties have caused this
				Agreement to be executed by their respective duly authorized representatives.
For the Interconnection
				Customer:
Name: ___________________________________________________
Title: ____________________________________________________
Date: ____________________________________________________
For EDC:
Name: ___________________________________________________
Title: ____________________________________________________
Date: ____________________________________________________
Attachment 1
Definitions
Adverse system impact
- A negative effect that
				compromises the safety or reliability of the electric distribution system or
				materially affects the quality of electric service provided by the electric
				distribution company (EDC) to other customers.
Applicable laws and regulations
- All duly promulgated
				applicable federal, State and local laws, regulations, rules, ordinances, codes,
				decrees, judgments, directives, or judicial or administrative orders, permits and
				other duly authorized actions of any governmental authority, having jurisdiction
				over the Parties.
Commissioning test
- Tests applied to a distributed
				energy resources facility by the applicant after construction is completed to verify
				that the facility does not create adverse system impacts. At a minimum, the scope of
				the commissioning tests performed shall include the commissioning test specified by
				IEEE Standard 1547 Section 5.4 "Commissioning tests."
Distributed energy resources (DER) facility
- The
				equipment used by an interconnection customer to generate or store electricity that
				operates in parallel with the electric distribution system. A DER facility typically
				includes an electric generator, prime mover, and the interconnection equipment
				required to safely interconnect with the electric distribution system or a local
				electric power system.
Distribution upgrades
- A required addition or
				modification to the EDC's electric distribution system at or beyond the point of
				interconnection to accommodate the interconnection of a DER facility. Distribution
				upgrades do not include interconnection facilities.
Electric distribution company or EDC
- Any electric
				utility entity subject to the jurisdiction of the Illinois Commerce
				Commission.
Electric distribution system
- The facilities and
				equipment used to transmit electricity to ultimate usage points such as homes and
				industries from interchanges with higher voltage transmission networks that
				transport bulk power over longer distances. The voltage levels at which electric
				distribution systems operate differ among areas but generally carry less than 100
				kilovolts of electricity. Electric distribution system has the same meaning as the
				term Area EPS, as defined in 3.1.6.1 of IEEE Standard 1547.
Facilities study
- An engineering study conducted by
				the EDC to determine the required modifications to the EDC's electric distribution
				system, including the cost and the time required to build and install the
				modifications, as necessary to accommodate an interconnection request.
Force majeure event
- Any act of God, labor
				disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot,
				fire, storm or flood, explosion, breakage or accident to machinery or equipment
				through no direct, indirect, or contributory act of a Party, any order, regulation
				or restriction imposed by governmental, military or lawfully established civilian
				authorities, or any other cause beyond a Party's control. A force majeure event does
				not include an act of gross negligence or intentional wrongdoing.
Governmental authority
- Any federal, State, local or
				other governmental regulatory or administrative agency, court, commission,
				department, board, other governmental subdivision, legislature, rulemaking board,
				tribunal, or other governmental authority having jurisdiction over the Parties,
				their respective facilities, or the respective services they provide, and exercising
				or entitled to exercise any administrative, executive, police, or taxing authority
				or power; provided, however, that this term does not include the interconnection
				customer, EDC or any affiliate of either.
IEEE Standard 1547
- The Institute of Electrical and
				Electronics Engineers, Inc. (IEEE), 3 Park Avenue, New York NY 10016-5997, Standard
				1547 (2003), "Standard for Interconnecting Distributed Resources with Electric Power
				Systems."
IEEE Standard 1547.1
- The IEEE Standard 1547.1(2005),
				"Conformance Test Procedures for Equipment Interconnecting Distributed Resources
				with Electric Power Systems."
Illinois standard distributed energy resources interconnection
				rules
- The most current version of the procedures for interconnecting
				distributed energy resources facilities adopted by the Illinois Commerce Commission.
				See 83 Ill. Adm. Code 466.
Interconnection agreement or Agreement
- The agreement
				between the interconnection customer and the EDC. The interconnection agreement
				governs the connection of the DER facility to the EDC's electric distribution system
				and the ongoing operation of the DER facility after it is connected to the EDC's
				electric distribution system.
Interconnection customer
- The entity entering into
				this Agreement for the purpose of interconnecting a DER facility to the EDC's
				electric distribution system.
Interconnection equipment
- A group of components or an
				integrated system connecting an electric generator with a local electric power
				system or an electric distribution system that includes all interface equipment,
				including switchgear, protective devices, inverters or other interface devices.
				Interconnection equipment may be installed as part of an integrated equipment
				package that includes a generator or other electric source.
Interconnection facilities
- Facilities and equipment
				required by the EDC to accommodate the interconnection of a DER facility.
				Collectively, interconnection facilities include all facilities, and equipment
				between the DER facility and the point of interconnection, including modification,
				additions, or upgrades that are necessary to physically and electrically
				interconnect the DER facility to the electric distribution system. Interconnection
				facilities are sole use facilities and do not include distribution upgrades.
Interconnection request
- An interconnection customer's
				request, on the required form, for the interconnection of a new DER facility, or to
				increase the capacity or change the operating characteristics of an existing DER
				facility that is interconnected with the EDC's electric distribution system.
Interconnection study
- Any of the following studies,
				as determined to be appropriate by the EDC: the interconnection feasibility study,
				the interconnection system impact study, and the interconnection facilities
				study.
Load customer
- An EDC customer whose primary business
				classification is not the production of electricity.
Parallel operation or Parallel
- The state of operation
				that occurs when a DER facility is connected electrically to the electric
				distribution system.
Point of interconnection
- The point where the DER
				facility is electrically connected to the electric distribution system. Point of
				interconnection has the same meaning as the term "point of common coupling" defined
				in 3.1.13 of IEEE Standard 1547.
Witness test
- For lab-certified equipment,
				verification (either by an on-site observation or review of documents) by the EDC
				that the interconnection installation evaluation required by IEEE Standard 1547
				Section 5.3 and the commissioning test required by IEEE Standard 1547 Section 5.4
				have been adequately performed. For interconnection equipment that has not been
				lab-certified, the witness test shall also include verification by the EDC of the
				on-site design tests required by IEEE Standard 1547 Section 5.1 and verification by
				the EDC of production tests required by IEEE Standard 1547 Section 5.2. All tests
				verified by the EDC are to be performed in accordance with the test procedures
				specified by IEEE Standard 1547.1.
Attachment 2
Construction Schedule, Proposed Equipment &
				Settings
This attachment is to be completed by the interconnection customer
				and shall include the following:
1. The construction schedule for the DER facility.
2. A one-line diagram indicating the DER facility, interconnection
				equipment, interconnection facilities, metering equipment, and distribution
				upgrades.
3. Component specifications for equipment identified in the one-line
				diagram.
4. Component settings.
5. Proposed sequence of operations.
6. A three line diagram showing current potential circuits for
				protective relays.
7. Relay tripping and control schematic diagram.
Attachment 3
Description, Costs and Time Required to Build
				and Install the EDC's Interconnection Facilities
This attachment is to be completed by the EDC and shall include the
				following:
1. Required interconnection facilities, including any required
				metering.
2. An estimate of itemized costs charged by the EDC for
				interconnection, including overheads, based on results from prior studies.
3. An estimate for the time required to build and install the EDC's
				interconnection facilities based on results from prior studies and an estimate of
				the date upon which the facilities will be completed.
Attachment 4
Operating Requirements for Distributed Energy
				Resources Facilities Operating in Parallel
The EDC shall list specific operating practices that apply to this
				DER interconnection and the conditions under which each listed specific operating
				practice applies.
Attachment 5
Monitoring and Control
				Requirements
This attachment is to be completed by the EDC and shall include the
				following:
1. The EDC's monitoring and control requirements must be specified,
				along with a reference to the EDC's written requirements documents from which these
				requirements are derived.
2. An internet link to the requirements documents.
3. If applicable, a copy of any agreement between the
				interconnection customer and the EDC enabling the EDC to monitor and control the
				distributed energy resources facility in order to preserve distribution system
				reliability.
Attachment 6
Metering Requirements
This attachment is to be completed by the EDC and shall include the
				following:
1. The metering requirements for the distributed energy resources
				facility.
2. Identification of the appropriate tariffs that establish these
				requirements.
3. An internet link to these tariffs.
Attachment 7
As Built Documents
This attachment is to be completed by the interconnection customer
				and shall include the following:
When it returns the certificate of completion to the EDC, the
				interconnection customer shall provide the EDC with documents detailing the as-built
				status of the following:
1. A one-line diagram indicating the distributed energy resources
				facility, interconnection equipment, interconnection facilities, and metering
				equipment.
2. Component specifications for equipment identified in the one-line
				diagram.
3. Component settings.
4. Proposed sequence of operations.
5. A three-line diagram showing current potential circuits for
				protective relays.
6. Relay tripping and control schematic diagram.