Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.40 - Terms and Conditions of Service

Current through Register Vol. 48, No. 28, July 12, 2024
Each electric utility shall file with the Illinois Commerce
				Commission such terms and conditions of service as are necessary to adequately
				insure quality of service, safety and minimum total cost. These terms and conditions
				shall apply to all qualifying facilities served under this Part and shall include,
				but are not limited to, the following:
a)
			 Subject to the provisions of paragraphs (g) and (i) of this Section, the utility
			 shall purchase energy and/or usable capacity (i.e., capacity which would allow the
			 utility to avoid costs) from any qualifying facility that offers to sell energy
			 and/or capacity to the utility and agrees to the conditions set forth in this
			 Part.
b) The owner or operator of the
			 qualifying facility shall be billed for energy and/or capacity sold by the utility
			 to the qualifying facility under the applicable rate schedule and under any
			 applicable conditions set forth in this Section.
c) The owner or operator of the qualifying
			 facility shall execute a contractual agreement with the utility. The contractual
			 arrangements between utilities and qualifying facilities shall be nondiscriminatory
			 with relation to contracts entered into between a utility and a nonqualifying
			 customer with similar load characteristics or other cost-related characteristics
			 regardless of whether the customer generates some or all of his own
			 electricity.
d) The qualifying facility
			 shall comply with such requirements of the National Electric Safety Code, the
			 National Electrical Code and the interconnecting utility's Electric General Terms
			 and Conditions as specified by the interconnecting utility.
e) The qualifying facility shall furnish, install,
			 operate and maintain in good order and repair and without cost to the utility such
			 relays, locks and seals, breakers, automatic synchronizer and other control and
			 protective apparatus as specified and approved by the utility as necessary for the
			 operation of the qualifying facility in parallel with the utility's system and to
			 permit the utility's facilities to operate in a normal manner. The utility shall
			 have the right to specify, approve, establish minimum standards for, or require
			 advance consultation on any or all of the above equipment.
f) Switching equipment capable of isolating the
			 qualifying facility from the utility shall be accessible to and under the exclusive
			 control of the utility at all times.
g)
			 At its option, the utility may choose to operate the switching equipment described
			 in (f) above if, in the sole opinion of the utility, continued operation of the
			 qualifying facility in connection with the utility's system may create or contribute
			 to a system emergency, unsafe condition or interference with the service of other
			 customers. The utility shall endeavor to minimize any adverse effects of such
			 operation on the qualifying facility and shall not utilize such switching equipment
			 in a manner which would treat the qualifying facility as an interruptible customer
			 unless such utilization was agreed upon as specified in the contract between the
			 utility and the qualifying facility. Conditions resulting in utility action under
			 this paragraph are subject to verification by the Illinois Commerce Commission if
			 either party requests such verification. The utility shall maintain and make
			 available sufficient documentation to aid the Commission with verification
			 proceedings.
h) All costs of
			 interconnection determined in accordance with the definitions in Section
			 430.30
			 - "Costs of interconnection" - shall be the responsibility of the owner or operator
			 of the qualifying facility. To the extent practicable, the utility shall furnish to
			 the qualifying facility, prior to installation, an estimate of the costs of
			 interconnection. If the utility incurs any of the costs of interconnection that are
			 the responsibility of the owner or operator of the qualifying facility, the utility
			 shall be reimbursed for such costs (including all carrying costs) by the owner or
			 operator of the qualifying facility over a period of time not greater than the
			 length of the contract between the utility and the owner or operator of the
			 qualifying facility.
i) The utility may
			 discontinue purchases from the qualifying facility during any period in which, due
			 to operational circumstances, purchases from qualifying facilities will result in
			 costs greater than those which the utility would incur if it did not make such
			 purchases, but instead generated an equivalent amount of energy itself. A claim by
			 an electric utility that such a period has occurred or will occur is subject to
			 verification by the Commission.
j) The
			 utility may discontinue sales to the qualifying facility during a system emergency
			 or unsafe condition provided that such discontinuance is on a nondiscriminatory
			 basis.
k)
1) The utility shall offer to provide maintenance,
			 supplemental and standby power to the qualifying facility. The utility shall offer
			 to provide interruptible power if a standard rate schedule for interruptible power
			 has been approved by the Commission. Charges for interruptible power, maintenance
			 power, standby power and supplemental power imposed on the qualifying facility for
			 electricity or reserve capability furnished by the utility shall be at the utility's
			 standard rates, unless the load or other cost characteristics related to the
			 provision of such services justifies different charges. Any such different charges
			 for the provision of such services must be approved by the Commission and shall be
			 applicable to all jurisdictional customers without regard to whether or not they
			 operate qualified facilities hereunder.
2) Nothing in this subsection (k) shall limit the
			 authority of a utility and qualifying facility to agree to any rate or terms or
			 conditions relating to the provision of interruptible, maintenance, standby, and
			 supplemental power.