Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 314 - REGULATIONS GOVERNING INTERCONNECTION OF SMALL ELECTRICAL GENERATORS › Section 20VAC5-314-165 - Assignment; sale of an existing or proposed SGF

Current through Register Vol. 40, No. 24, July 15, 2024
A. At any time after an interconnection
				request has been submitted by the IC, the IC shall notify the utility of the
				pending sale of an existing or proposed SGF in writing. The IC shall provide
				the utility with information regarding whether the sale is a change of
				ownership of the SGF to a new legal entity or a change of control of the
				existing legal entity.
B. The IC
				shall promptly notify the utility of the final date of sale and transfer date
				of ownership in writing. The purchaser of the SGF shall confirm to the utility
				the final date of sale and transfer date of ownership in writing.
C. The interconnection agreement shall not
				survive the transfer of ownership of the SGF to a new legal entity owner. The
				new owner shall submit a new interconnection request along with a processing
				fee of $500 to the utility within 20 business days of the transfer of
				ownership. Where the IC has not executed an interconnection agreement, the
				utility may continue to study the IC under a pre-existing study agreement or
				may require the new owner to execute a new study agreement, though under either
				scenario the new owner would retain the existing queue position. Where an
				interconnection agreement has been executed and the SGF has been constructed,
				the utility shall not study or inspect the SGF unless the new owner's
				interconnection request indicates that a material modification has occurred or
				is proposed.
D. The interconnection
				agreement shall survive a change of control of the SGF's legal entity owner,
				where only the contact information in a study agreement or in the
				interconnection agreement must be modified. The new owner shall submit a new
				interconnection request along with a processing fee of $500 to the utility
				within 20 business days of the change of control and provide the new contact
				information. Where the IC has not executed an interconnection agreement, the
				utility may continue to study the IC under a pre-existing study agreement or
				may require the new owner to execute a new study agreement, though under either
				scenario the new owner would retain the existing queue position. Where an
				interconnection agreement has been executed and the SGF has been constructed,
				the utility shall not study or inspect the SGF unless the new owner's
				interconnection request indicates that a material modification has occurred or
				is proposed.
E. The IC shall have
				the right to assign the interconnection agreement, without the consent of the
				utility, for collateral security purposes to aid in providing financing for the
				SGF, provided that the IC will promptly notify the utility of any such
				assignment. Assignment shall not relieve a party of its obligations, nor shall
				a party's obligations be enlarged, in whole or in part, by reason
				thereof.
F. Any attempted
				assignment that violates this section is void and ineffective.
Statutory Authority: §§
											12.1-13
					 and
					 56-578
					 of the Code of Virginia.