Ill. Admin. Code tit. 83, § 430.40 - Terms and Conditions of Service
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.