Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 314 - REGULATIONS GOVERNING INTERCONNECTION OF SMALL ELECTRICAL GENERATORS › Section 20VAC5-314-160 - Insurance, liability, and indemnification

Current through Register Vol. 40, No. 24, July 15, 2024
A. For an SGF with a rated capacity not
				exceeding 10 kW, the IC, at its own expense, shall secure and maintain in
				effect during the term of the agreement, liability insurance with a combined
				single limit for bodily injury and property damage of not less than $100,000
				for each occurrence.
For an SGF with a rated capacity exceeding 10 kW but not
				  exceeding 500 kW, the IC, at its own expense, shall secure and maintain in
				  effect during the term of the agreement, liability insurance with a combined
				  single limit for bodily injury and property damage of not less than $300,000
				  for each occurrence.
For an SGF with a rated capacity exceeding 500 kW , the IC,
				  at its own expense, shall secure and maintain in effect during the term of the
				  agreement, liability insurance with a combined single limit for bodily injury
				  and property damage of not less than $2 million for each occurrence.
An IC of sufficient creditworthiness, as determined by the
				  utility, may propose to provide this insurance via a self-insurance program if
				  it has a self-insurance program established in accordance with commercially
				  acceptable risk management practices, and such a proposal shall not be
				  reasonably rejected.
B.
				Certificates of insurance evidencing the requisite coverage and provision shall
				be furnished to the utility prior to the date of interconnection of the SGF, as
				required by the utility. The utility shall be permitted to periodically obtain
				proof of current insurance coverage from the IC in order to verify continuing
				proper liability insurance coverage. The utility reserves the right to refuse
				to commence or continue interconnected operations unless evidence is provided
				that required insurance coverage is in effect at all times.
C. Utility and IC liability to the other
				party for any loss, cost, claim, injury, liability, or expense, including
				reasonable attorney fees, relating to or arising from any act or omission
				pursuant to this chapter shall be limited to the amount of direct damage
				actually incurred. In no event shall either party be liable to the other party
				for any indirect, special, incidental, consequential, or punitive damages of
				any kind.
D. The utility and the IC
				shall at all times indemnify, defend, and save the other party harmless from
				any damages; losses; claims, including claims and actions relating to injury or
				death of any person or damage to property; demand; suits; recoveries; costs and
				expenses; court costs; attorney fees; and all other obligations by or to third
				parties arising out of or resulting from the other party's action or inaction
				of its obligations pursuant to this chapter on behalf of the indemnifying
				party, except in cases of gross negligence or intentional wrongdoing by the
				indemnified party.
Statutory Authority: §§
											12.1-13
					 and
					 56-578
					 of the Code of Virginia.