Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 314 - REGULATIONS GOVERNING INTERCONNECTION OF SMALL ELECTRICAL GENERATORS › Section 20VAC5-314-10 - Applicability and scope; waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is promulgated pursuant to §
									56-578
				of the Virginia Electric Utility Regulation Act (§
									56-576 et
				seq. of the Code of Virginia). This chapter establishes standardized
				interconnection and operating requirements for the safe operation of electric
				generating facilities in Virginia. This chapter applies to utilities providing
				interconnections to retail electric customers, independently owned generators,
				and any other parties operating, or intending to operate, a distributed
				generating facility in parallel with utility systems. This chapter also applies
				to equipment used for the storage of electricity for later injection to utility
				systems. This chapter does not apply to customer generators operating pursuant
				to the Virginia State Corporation Commission's Regulations Governing Net Energy
				Metering (20VAC5-315) or those that fall under the jurisdiction of the Federal
				Energy Regulatory Commission (FERC).
If the utility has turned over control of its transmission
				  system to a Regional Transmission Entity (RTE), and if the small generator
				  interconnection process identifies upgrades to the transmission system as
				  necessary to interconnect the small generating facility, then the utility will
				  coordinate with the RTE, and the procedures in this chapter will be adjusted as
				  necessary to satisfy the RTE's requirements with respect to such
				  upgrades.
There are three review paths for the interconnection of
				  generating facilities subject to this chapter in Virginia :
Level 1 - A request to interconnect a certified small
				  generating facility (SGF) no larger than 500 kilowatts (kW) shall be evaluated
				  under the Level 1 process.
Level 2 - A request to interconnect a certified SGF no larger
				  than 2 MW and not qualifying for the Level 1 process shall be evaluated under
				  the Level 2 process.
Level 3 - A request to interconnect an SGF not qualifying for
				  the Level 1 process or Level 2 process, shall be evaluated under the Level 3
				  process.
The utility may place restrictions upon the interconnection
				  of an SGF to a distribution feeder depending upon the characteristics of that
				  feeder and the potential for upgrading it, as well as the nature of the loads
				  and other generation on the feeder relative to the proposed point of
				  interconnection. If the SGF cannot be safely and reliably interconnected to the
				  utility's distribution feeder, the utility shall work with the interconnection
				  customer (IC) to interconnect the SGF to the utility's transmission system. In
				  such cases, the interconnection of the SGF may be governed by the regulations
				  promulgated by FERC rather than the regulation of the Virginia State
				  Corporation Commission.
The utility shall designate an employee or office from which
				  the IC may request information concerning the interconnection application
				  process. The name, telephone number, and email address of such contact employee
				  or office shall be made available on the utility's website. Readily available
				  electric system information relevant to the location of the proposed SGF shall
				  be provided to the IC upon request, in writing, and may include interconnection
				  studies and any other relevant materials, to the extent such provision does not
				  violate confidentiality provisions of prior agreements or release critical
				  infrastructure information. The utility shall comply with reasonable requests
				  for such information unless the information is proprietary or confidential and
				  cannot be provided pursuant to a prior confidentiality agreement. If the
				  information is proprietary or confidential and cannot be provided, the utility
				  shall state as such. Any one developer shall have no more than five active
				  informal requests for information at one time.
The utility shall make reasonable efforts to meet all
				  timeframes provided in these regulations unless the utility and the IC agree to
				  a different schedule. If the utility cannot meet a deadline provided in this
				  chapter, it shall notify the IC in writing, explain the reason for the failure
				  to meet the deadline, and provide an estimated time by which it will complete
				  the applicable interconnection procedure in the process.
Should an IC fail to meet a timeframe or default on another
				  requirement under this chapter or fail to respond to a request for information
				  from the utility, the utility shall also provide the IC written notice
				  identifying the missed deadline or requirement and allow the IC an opportunity
				  to cure on or before the close of business on the 10th business day following
				  the posted date of such notice to cure, prior to the utility taking action to
				  withdraw the IC's interconnection request.
Each utility shall have on file with the commission terms and
				  conditions applicable to the interconnection of SGFs. Such terms and conditions
				  shall, at a minimum, incorporate this chapter by reference, shall set forth
				  terms and conditions applicable to SGFs for which no Small Generator
				  Interconnection Agreement (SGIA) is executed, and shall not conflict with the
				  provisions of this chapter. The terms and conditions applicable to SGFs for
				  which no SGIA is executed shall be reasonably consistent with the terms and
				  conditions of the SGIA.
B.
				The commission may waive any or all parts of the provisions of this chapter for
				good cause shown.
C. This chapter
				shall not apply to SGFs already interconnected as of October 15, 2020 , unless:
1. The IC proposes a material modification;
				or
2. Application of this chapter
				is agreed to in writing by the utility and the IC.