N.H. Admin. Code § Puc 903.03 - Where Multiple Projects Are Deemed a Single Facility

(a) Except as otherwise provided in (c) below, projects consisting of electricity generating equipment powered by an eligible renewable energy source or that employ a heat led combined heat and power system, and located behind separate retail meters, shall be deemed to be one facility for purposes of net metering eligibility if the projects are owned by the same person or entity or an affiliate of said person or entity and are located on the same parcel of land or adjacent and contiguous parcels of land, unless each of the following conditions applies:

(1) Each project is located on a separate parcel of land;

(2) The property boundaries of each parcel of land have not been subdivided, modified, or otherwise altered within the 10 years immediately preceding the submission of a project interconnection request to the distribution utility;

(3) Each project is owned by a separate individual or by a separate corporation, limited liability company, or other legal entity; and

(4) Each project is interconnected with the utility distribution system through a separate interconnection point and with a separate meter.

(b) The restrictions set forth in (a) above shall apply to two or more projects notwithstanding any phased approach to development or different construction schedules for such projects.

(c) Multiple projects located on the same or adjacent and contiguous parcels of land, when such projects are owned by the same person or entity or an affiliate of said person or entity and are interconnected behind separate retail electricity meters, shall be considered separate facilities if each such project is being or has been developed:

(1) Such that not less than 50 percent of the annual generation output is to serve the on-site load of existing or new retail electric customers;

(2) To participate in a different electric generation program, such as net metering, direct producer-to-consumer retail sales of electric power, or wholesale sales of electric power;

(3) Using a solar photovoltaic system that is limited in size to that which will fit on the roof and exterior envelope of the building or buildings served by the retail electricity meter through which the system is interconnected to the electric distribution system; or

(4) Using distinct and different electricity generating technologies and equipment that can be operated independently.

(d) As used in this section, "affiliate" means any of the following:

(1) Any person or entity that directly or indirectly owns, controls, or holds with power to vote a majority of the outstanding voting securities or such minority thereof as to give such person substantial control of another person or entity;

(2) Any person or entity that is directly or indirectly owned, controlled, or held by any person or entity described in (1) above through either power to vote a majority of the outstanding voting securities or such a minority so as to maintain substantial control of such person or entity;

(3) Any person or entity with which another person or entity has a management or service contract or arrangement that provides such person or entity with effective control over the management, supervision, or operation of the other person or entity; or

(4) Any person or entity who or which actually exercises effective control over the management, supervision, or operation of another person or entity.

Notes

N.H. Admin. Code § Puc 903.03

Derived from Volume XL Number 33, Filed August 13, 2020, Proposed by #13080, Effective 9/14/2020, Expires 9/14/2030