Or. Admin. R. 860-084-0240 - Standard Contracts

(1) Each electric company must file, for Commission approval, a separate standard contract for the net metering and competitive bidding volumetric incentive rate programs as part of its volumetric incentive rate tariff filing.
(a) The standard contract will establish an agreement between the electric company and a retail electricity consumer under which the electric company will make volumetric incentive rate payments to participants for energy generated by solar photovoltaic systems installed in the service territory of the electric company for a 15-year period. After the initial 15-year period, the electric company may pay its prevailing avoided cost for energy generated by the solar photovoltaic systems.
(b) Contracts under the solar photovoltaic pilot programs may only be issued to retail electricity consumers of the electric company; these consumers must be eligible to participate in the pilots.
(2) Standard Contracts must include at least the following elements:
(a) Name and address of the retail electricity consumer and the installation address of the eligible system;
(b) Each standard contract must be based on the volumetric incentive rate (bid option) or volumetric incentive rate formula (net metering option) in place at the time of the capacity reservation for the retail electricity consumer;
(c) Each standard contract must require a retail electricity consumer installing capacity under the net metered option to transfer generation in excess of eligible energy to the low income bill assistance program of the electric company. Standard contracts must provide for certification by the retail electricity consumer that they are eligible to make wholesale sales of energy at market-based rates;
(d) Each standard contract must include a date of initiation and a date of contract expiration. If mutually agreed upon by the electric company and consumer, the contract may exceed 15 years;
(e) Each standard contract must include a section to record retail electricity consumer certifications that:
(A) Any investor in the qualifying system has not accepted or will not accept incentives from the Energy Trust of Oregon or Oregon state residential or business tax credits for the qualifying system covered by the contract, and
(B) The system and its individual components are new and have not been previously installed, and meet quality, reliability, and installation criteria approved by the Commission;
(f) Each standard contract must include a provision under which the retail electricity consumer agrees that the electric company can release lists of all participants in the pilot programs to the Oregon Department of Revenue, the Oregon Department of Energy, the Public Utility Commission, and the Energy Trust of Oregon. The standard contract must contain descriptions of the confidentiality requirements that those receiving this information must follow;
(g) Each standard contract must require the retail electricity consumer to agree to complete up to three surveys on the effectiveness of the pilot programs in order to remain eligible for participation in the pilot program. Each standard contract must also include the retail electricity consumer's agreement that the electric company may release information obtained from the surveys to the Commission and the Energy Trust of Oregon;
(h) Monthly payments must be made directly to the retail electricity consumer or to a qualifying assignee;
(i) Each standard contract must allow a retail electricity consumer to assign payments to a single qualifying assignee. Contracts must allow the retail electricity consumer to change the assignee at any time during the contract term;
(j) Each standard contract must allow the transfer of an existing retail electricity consumer's contract under the pilot program to another retail electricity consumer eligible to contract with the electric company under the pilot program, consistent with OAR 860-084-0130(3).
(k) Disclosure that payments under the volumetric incentive rate bid option may be taxable as income under Oregon and Federal Tax law and that an eligible system may be subject to property tax in the State of Oregon;
(l) Name and business address of solar installer or contractor, name and business address of system financer, and description of the photovoltaic equipment package;.
(m) For net metered systems, participants must certify that the system is sized such that their qualifying system complies with OAR 860-084-0100(2)(e).
(3) A retail electricity consumer found by the Commission to have made a false certification is no longer eligible for the Volumetric Incentive Rate Pilot Programs and any contract entered under the Volumetric Incentive Rate Pilot Programs is void.

Notes

Or. Admin. R. 860-084-0240
PUC 2-2010, f. & cert. ef. 6-1-10

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

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