Section 5.101 Purpose
and Scope
This rule establishes the standards and procedures
governing application for, and issuance or revocation of, a
certificate of public good for net metering systems under the
provisions of
30 V.S.A §§
219a,
219b and
248.
This rule also incorporates the technical specifications related to
interconnection requirements and safety standards for net metering
systems.
This rule is applicable to all net metered
installations in Vermont, and applies to every person, firm, company,
corporation and municipality engaged in the construction or operation
of any net metering system which is or shall become subject to the
jurisdiction of this Board.
Section 5.102 Definitions
For
the purposes of this rule, the following definitions apply:
(A) "Account" means a unique
identifier assigned by the serving electric utility to a customer for
billing purposes. A customer account may include one or more
meters.
(B) "Billing
Meter" means an electric meter that measures the consumption of
electricity by a utility customer.
(C) "Board" means the Public
Service Board of the State of Vermont.
(D) "Conditional waiver of a
criterion of
30
V.S.A. §
248 " means that the
requirements for the presentation of evidence under the criterion, a
specific review of the project by the Board under the criterion, and
the development of specific findings of facts for the criterion by
the Board will be waived, unless any party, or the Board on its own
motion, raises, and the Board finds that the application raises, a
significant issue under the criterion.
(E) "Customer" means a retail
electric consumer.
(F)
"Department" means the Department of Public Service of the State of
Vermont.
(G) "Facility"
means a structure or piece of equipment and associated machinery and
fixtures that generates electricity. A group of structures or pieces
of equipment shall be considered one facility if it uses the same
fuel source and infrastructure and is located in close proximity.
Common ownership shall be relevant but not sufficient to determine
that such a group constitutes a facility.
(H) "Group net metering" means a
group of customers, or a single customer with multiple electric
meters, located within the same electric company service territory,
where the customer or customers have elected to combine meters in
order to offset that billing against a net-metered system.
(I) "kW" means kilowatt or
kilowatts (AC).
(J) "kWh"
means kilowatt hours.
(K)
"Net metering" means measuring the difference between the electricity
supplied to a customer and the electricity fed back by a net metering
system(s) during the customer's billing period.
(L) "Net metering system" means a
facility, as defined in this subsection, that is no more than 500 kW
capacity; operates in parallel with facilities of the electric
distribution system; is intended primarily to offset part or all of
the customer's or group's own electricity requirements; is located on
the customer's or a member of the group's premises; and employs a
renewable energy source produced using a technology that relies on a
resource that is being consumed at a harvest rate at or below its
natural regeneration rate pursuant to
30 V.S.A. §
8002(2); or is a
combined heat and power system with a capacity up to 20 kW that meets
the definition of a combined heat and power facility under 10 V.S.A.
§ 6523(b)(2). A net metering customer or group may employ one or
more net metering systems.
(M) "Net Metering Technical
Specifications" mean the technical and safety requirements for
interconnection of net metering systems with electric companies'
distribution systems as attached in Appendix A (Tables 1 through 5).
From time to time, the Board may, after opportunity for comment, by
rule amendment or order, modify or revise the
specifications.
(N) "Peak
Demand" means the highest monthly peak reported in either the
electric company's FERC form 1, page 401b, column (d); or the
electric company's Electric Annual Report to the Vermont Department
of Public Service for the Year End, page E-8, column (b).
(O) "Production Meter" means an
electric meter that measures the amount of kWh produced by a
net-metered generation source.
(P) "Net Metering Application Form"
means the current Board application form for net metering systems in
effect at the time the form is filed. From time to time the Board may
modify or revise such application form.
(Q) "Net Metering Registration
Form" means the current Board registration form for net-metered
photovoltaic systems in effect at the time the form is filed. From
time to time the Board may modify or revise such registration
form.
(R) "Residential rate" means the kWh rate component of the
serving utility's general residential rate schedule that consists of
two rate components: a service charge and a kWh rate, excluding
time-of-use and demand rates. If a utility's general residential rate
schedule includes inclining block rates, the residential rate shall
be the highest of those block rates.
(S) "Technical evidentiary hearing"
means a quasi-judicial proceeding, under the Board's Rules of
Practice, where all parties have opportunity to present evidence and
to cross-examine witnesses presented by other parties.
(T) "Time-of-Use Meter" means an
electric meter that measures the consumption of electricity at the
time it is consumed.
Section 5.103 Rates, Fees and
Payments
Net-metered customers shall pay the same rates, fees or
other payments and be subject to the same conditions and requirements
as all other purchasers from the electric company in the same rate
class, except for appropriate and necessary conditions approved by
the Board for the safety and reliability of the electric distribution
system.
Section
5.104 Energy Measurement for Net Metering Systems
(A) Electric energy measurement for
net metering systems shall be calculated in the following manner:
1. The electric company which
serves the customer or group shall measure the net electricity
produced or consumed during a billing period, in accordance with
normal metering practices.
2. If, at the end of a billing
period, the electricity supplied by the electric company exceeds the
electricity generated and fed back to the electric distribution
system during the billing period, then the customer or group shall be
billed for the net electricity supplied by the electric company, net
of any credit accumulated in the preceding 12 months, in accordance
with normal metering practices.
3. If, at the end of a billing
period, the electricity generated by the customer or group exceeds
the electricity supplied by the electric company the electric company
shall calculate a monetary credit to the customer pursuant to the
billing procedures set forth in Section 5.105.
4. Any accumulated credits shall be
used within 12 months from the month earned or shall revert to the
electric company without any compensation to the net metering system
customer.
5. Any net
excess generation reverting to the company shall be considered SPEED
resources pursuant to
30
V.S.A. §
8005 and Rule 4.300.
6. For net metering
systems using time-of-day, demand or other types of metering, the
manner of measurement and the application of bill credits for the
electric energy produced or consumed shall be substantially similar
to that specified for use with a single non-demand meter.
Section 5.105
Billing Standards and Procedures
(A)
Customer Billing Requirements: The bill of a net metering customer
should include the dollar amount of any credits for generation
carried forward from the previous months, the dollar amount of
credits for generation that have expired in the current month, the
dollar amount of credits generated in the current month, the dollar
amount of credits for generation remaining, the total kWh generated
by the generation facility or facilities (if separately metered), the
total kWh allocated to a group net metering customer (if applicable),
and the credits for solar generation (if applicable).
(B) Membership in Multiple Net
Metering Groups: Individual customer accounts may be enrolled in only
one group net metering arrangement at one time. Customers with
multiple accounts may enroll each of the accounts in separate group
net metering arrangements at one time. In addition, groups may,
subject to Board approval, have more than one generation facility
attributed to the group, may increase the capacity of existing
generation attributed to the group, and may merge separate
groups.
(C) Demand and
Time-of-Use ("TOU") Customer Interconnection Requirements: In order
for a demand or TOU customer to receive credits valued at the
utility's residential rate, the customer must, at its own expense,
install a separate meter to measure production from the generation
source and the generator must be interconnected directly to the
utility grid such that the generation does not offset consumption
measured by the customer's meter or meters.
(D) Billing for Customers with One
Billing Meter: In the case of a customer account with a Billing Meter
measuring net consumption, the billing credit calculation is made by
multiplying any excess production registered on the meter by the
underlying energy rate for that customer and applying that credit to
the customer's bill.
(E)
Billing for Group Systems and Customers with Multiple Billing Meters:
In the case of a single customer with multiple Billing Meters or a
group of customers where the generation is interconnected to the
utility grid such that the generation does not offset consumption of
the customer or group, the billing calculation involves allocating
the total production associated with the group in the manner
prescribed by the group to each group member. Each customer is
credited at the underlying energy rate for that customer. In the case
of demand or time-of-use customers under this scenario, the
calculation is the same except that the customer is credited at the
residential rate rather than the demand or TOU energy rate. Under
this scenario customers are required to install a Production Meter to
measure total generation.
In the case of a single customer with multiple
Billing Meters or a group of customers where the generation is
physically connected to a Billing Meter such that the generation
offsets consumption of the customer or group member(s), the billing
calculation involves allocating the net production on the Billing
Meter(s) in the manner prescribed by the group to each group member.
Each customer is credited at the underlying energy rate for that
customer. In the case of demand or time-of-use customers under this
scenario, the calculation is the same and the customers are credited
at the demand or TOU energy component rate. Under this scenario,
installation of a Production Meter is optional.
Customers may allocate kWh credits on a percentage
basis to each group member account or they may elect to allocate kWh
credits such that the bill of one member or account is first offset,
with any additional kWh credits applied to the next group member(s)
or account(s) in an order selected by the customer or group.
(F) Incentives. Bills to
net metering customers shall reflect any additional incentives or
credits required by
30 V.S.A. §
219a or allowed under a tariff
approved under that statute.
Section 5.106 Group System
Requirements
(A) In addition to any
other requirements of
30 V.S.A. §§
219a and
248
and Board rules, before a group system may be formed and served by an
electric company, the group shall file with the Board and all other
parties required by the application form, the following information:
1. The meters to be included in the
group system, which shall be located within the same electric company
service territory;
2. A
method for adding and removing meters included in the group system
and direction as to the manner in which the electric company shall
allocate any credits among the meters included in the system, which
allocation subsequently may be changed only on written notice to the
company by the person designated under 5.106(A)(3);
3. A designated person responsible
for all communications from the group system to the serving electric
company, except for communications related to billing, payment, and
disconnection; and
4. A
binding process for the resolution of any disputes within the group
system relating to net metering that does not rely on the serving
electric company, the Board, or the Department. This process does not
apply to disputes between the electric company and individual group
members regarding billing, payment, or disconnection.
(B) The electric company
shall implement appropriate changes to a group system within thirty
days after receiving written notification from the person designated
under subsection 5.106(A)(3). However, written notification of a
change in the person designated under subsection 5.106(A)(3) shall be
effective upon receipt by the company. The company shall not be
liable for action based on such notification, but shall make any
necessary corrections and bill adjustments to implement revised
notifications.
(C) The
electric company shall bill directly and send all communications
related to billing, payment, and disconnection directly to each
individual group member customer account. The usage charges for any
account so billed shall be based on the individual meter for the
account.
(D) If it
determines that it would promote the general good, the Board shall
permit a noncontiguous group of net metering customers to comprise a
group net metering system. In making its determination, the Board
shall give due consideration to any comments filed regarding the net
metering application.
Section 5.107 Electric Company
Requirements
(A) Electric companies:
1. Shall make net metering
available to any customer using a net metering system on a
first-come, first-served basis until the cumulative output capacity
of net metering systems equals 4.0 percent of the distribution
company's peak demand during 1996 or the peak demand during the most
recent full calendar year, whichever is greater;
2. Shall allow net metering systems
to be interconnected using a kWh meter capable of registering the
flow of electricity in two directions or such other comparably
equipped meter that would otherwise be applicable to the customer's
usage but for the use of net metering;
3. May, at their own expense, and
with the written consent of the customer, install one or more
additional meters to monitor the flow of electricity in each
direction;
4. Shall
charge the customer a minimum monthly fee that is the same as other
customers of the electric distribution company in the same rate
class, but shall not charge the customer any additional standby,
capacity, interconnection, or other fee or charge related to net
metering;
5. May charge
reasonable fees for interconnection, establishment, special meter
reading, accounting, account correcting and account maintenance of
group systems and systems greater than 15 kW;
6. May charge a reasonable fee to
cover the cost of electric company improvements necessary to
distribute power if the capacity of the distribution system is
determined by the Board to be insufficient for the designed
generation;
7. May
require that all meters included within a group system be read on the
same billing cycle;
8.
May book and defer, with carrying costs, additional incremental
costs, to the extent that such costs are not already recovered
directly related to implementing group systems and systems greater
than 15 kW in capacity.
(B) All such requirements shall be
pursuant to and governed by a tariff approved by the Board and any
applicable Board rule or order, which tariffs shall be designed in a
manner likely to facilitate net metering.
(C) Notwithstanding the provisions
of section 5.104, an electric company may contract to purchase all or
a portion of the output products from a group net metering system,
provided:
1. The system obtains a
certificate of public good pursuant to section 5.110.
2. Any contracted power shall be
subject to the limitations set forth in subsection 5.107(A)
1.
3. Any contract shall
be subject to interconnection and metering requirements in subsection
5.107(A) and section 5.111.
4. Any contract may permit all or a
portion of the tradeable renewable energy credits for which the
system is eligible to be transferred to the electric
company.
Section
5.108 Conditional Waiver of 30 VSA Section 248(b)
Criteria
Pursuant to
30 V.S.A. §
219a(c)(2)(a),
which provides that the Board may waive the requirements of
30
V.S.A. §
248(b) that are
not applicable to net metering systems, the Board conditionally
waives the following criteria:
(A) For net metering systems which
are installed on or in an existing structure or new home or business,
all criteria under
30
V.S.A. §
248(b), with the
exception of
30
V.S.A. §
248(b)(3)
(stability and reliability).
(B) For wind turbines and other
systems which are installed on, as, or within a new structure which
is not a home or business:
1. All
criteria under
30
V.S.A. §
248(b), with the
exception of
30
V.S.A. §§
248(b)(1) (orderly
development), (3)(stability and reliability), (5)(environmental
considerations), and (8)(outstanding resource waters).
2. With respect to
30
V.S.A. §
248(b)(5), all
criteria and subcriteria, except for compliance with 10 V.SA.
§§ 6086(a) 1(A)(headwaters), 1(B)(waste disposal),
1(D)(floodways), 1(E)(streams), 1(F)(shorelines), 1(G)(wetlands),
4(soil erosion), 5(traffic; impacts during construction only),
8(aesthetics, historic sites, natural areas), 8(A)(necessary wildlife
habitat), and (9)(K) (public facilities). If the system uses biomass
as a fuel, compliance shall also be required with
10 V.S.A.
§
6086(a)(1)
(air pollution).
Section 5.109 Aesthetic Evaluation
of NetMetered Projects
(A) The Board
has adopted the Vermont Environmental Board's Quechee analysis for
guidance in assessing the aesthetic impacts of net-metered projects,
including wind turbines. In determining whether a project raises a
significant issue with respect to aesthetic criteria contained in
30
V.S.A. §
248(b)(5), the
Board is guided by the two-part test outlined below:
1. First a determination must be
made as to whether a project will have an adverse impact on
aesthetics and the scenic and natural beauty. In order to find that
it will have an adverse impact, a project must be out of character
with its surroundings. Specific factors used in making this
evaluation include the nature of the project's surroundings, the
compatibility of the project's design with those surroundings, the
suitability of the project's colors and materials with the immediate
environment, the visibility of the project, and the impact of the
project on open space.
2.
The next step in the two-part test, once a conclusion as to the
adverse effect of the project has been reached, is to determine
whether the adverse effect of the project is "undue." The adverse
effect is considered undue when a positive finding is reached
regarding any one of the following factors:
a. Does the project violate a
clear, written community standard intended to preserve the aesthetics
or scenic beauty of the area?
b. Have the applicants failed to
take generally available mitigating steps which a reasonable person
would take to improve the harmony of the project with its
surroundings?
c. Does the
project offend the sensibilities of the average person? Is it
offensive or shocking because it is out of character with its
surroundings or significantly diminishes the scenic qualities of the
area?
3.
Analysis of whether a particular project will have an "undue" adverse
effect on aesthetics and scenic or natural beauty is also
significantly informed by the overall societal benefits of the
project.
(B)
With respect to the Board's review of an application for a single
wind turbine under 150 feet in height, there shall be a rebuttable
presumption that the wind turbine does not have an undue adverse
aesthetic impact.
Section
5.110 Certificates of Public Good
(A) Applications for photovoltaic
systems of 10 kW or less in capacity:
A application for a certificate of public good under
this subsection shall use the Board's Net Metering Registration Form
in lieu of the Board's Net Metering Application Form.
1. Service. Upon filing the Net
Metering Registration Form with the Board, in accordance with the
current filing procedures prescribed by the Board, the applicant must
also submit a copy of the form to the serving electric company and
the Vermont Department of Public Service. The applicant shall ensure
that the form is complete and includes all required
information.
2. Completed
Forms. Upon receiving a Net Metering Registration Form, Board staff
will review the Registration Form for completeness. If the form is
incomplete, the Clerk of the Board will inform the applicant of the
deficiencies, and the applicant will be required to resubmit a
complete form.
3.
Submission of Comments. If the interconnecting electric company
believes that the interconnection of a system raises concerns, the
company must file a letter detailing those concerns with the customer
and the Board within ten days of receiving a complete Net Metering
Registration Form. The letter must also provide a recommendation as
to how the interconnection issues can be resolved by the applicant.
The company must also send an electronic copy of the letter to the
installer of the system indicated on the registration form. If an
objection to the interconnection has been timely filed by the
interconnecting electric company, the applicant shall not commence
construction of the project until the interconnection issues have
been resolved. If no letter raising interconnection issues is timely
filed with the Board by the interconnecting utility, a CPG shall be
deemed issued by the Board on the eleventh day following the filing
of the Net Metering Registration Form, without further proceedings,
findings of fact, or conclusions of law, and the applicant may
commence construction of the system. The computation of the number of
days following the filing of a complete Net Metering Registration
Form does not include weekends, state legal holidays under
1 V.S.A. §
371(a), and
federal legal holidays under
5 U.S.C. §
6103(a).
(B) Applications for
systems that are either non-photovoltaic systems of up to 150 kW in
capacity, or photovoltaic systems of greater than 10 kW and up to 150
kW in capacity:
1. Form and
Content. An application for a certificate of public good under this
subsection shall be filed with the Board in accordance with the
filing procedures and Net Metering Application Form prescribed by the
Board and shall contain all of the information required by the
instructions to that form.
2. Service of Applications. The
applicant shall provide copies of the completed Net Metering
Application Form to the persons and organizations as indicated in the
application form's instructions.
3. Submission of Comments and
Requests for Hearing. If any person wishes to submit comments to the
Board concerning an application filed pursuant to this subsection,
file a motion to intervene, or request a technical evidentiary
hearing, such correspondence is due at the Board within the time
prescribed in the application form instructions. If a person requests
a technical evidentiary hearing, the person must make a showing that
the application raises a significant issue regarding one or more of
the applicable criteria listed in Section 5.108. Such a showing must
go beyond general or speculative claims, and provide specific
information regarding potential impacts for the criteria or the
criteria conditionally waived in that section.
4. Hearings. In cases where the
Board determines that a system raises a significant issue with
respect to one or more of the substantive criteria applicable to the
system, the Board may determine to hear evidence on the issue. In any
decision resulting from such a hearing, the Board need only issue
findings and conclusions on the criteria concerning which it
determined to hold a hearing.
5. Approval. In cases where there
are no objections or requests for hearing and the Board determines
that the application does not raise a significant issue, the Board
will issue a certificate of public good following the review period
as specified in the application form.
(C) Applications for systems of
greater than 150 kW in capacity :
Applications for systems greater than 150 kW in
capacity shall be filed in accordance with the following
requirements;
Notice Requirements ; The applicant must provide
written notice, at least 45 days in advance of filing a §
219a
application, to the following entities:
(a) legislative bodies and
municipal and regional planning commissions in the communities where
the project will be located;
(b) the Secretary of the Agency of
Natural Resources;
(c)
the Commissioner of the Department of Public Service and its Director
for Public Advocacy;
(d)
the landowners of record of property adjoining the project
sites;
(e) the Public
Service Board;
(f) and
the serving electric company.
The notice shall state that the applicant intends to
make a §
219a
application, identify the location of the facility site(s), and
provide a description of the proposed project(s). In addition, the
notice must contain sufficient detail about the proposed project(s)
to allow the parties receiving the notice to understand the impact of
the project(s) on the interests of those parties. The notice shall
provide contact information and state that recipients may file
inquiries or comments with the applicant with respect to the project
and that recipients will also have the opportunity to file comments
with the Board once the application is filed. If the applicant has
not filed an application for the project, pursuant to the filing
requirements below, within 180 days of the date of the advance
notice, the notice will be considered withdrawn.
If the applicant makes a substantial change to the
proposed project, the applicant is required to provide at least
45-days notice of this change to all parties and entities already
notified, including any newly affected adjoining property owners. For
the purpose of this subsection, a substantial change is one that has
the potential for significant impact with respect to any of the
criteria applicable to the project.
Filing Requirements ; Upon filing the application
with the Board, the applicant must also submit a copy of the
application to the municipal planning commission(s) and regional
planning commission(s) in the community or communities where the
project is located, the Agency of Natural Resources, the Department
of Public Service, and the serving electric company. The applicant
shall also provide notice to the legislative bodies of the town(s)
where the project(s) will be located and the landowners of record of
property adjoining the project site(s) that the application has been
filed with the Board.
The applicant shall ensure that the application filed
includes testimony or exhibits fully addressing each of the areas
listed below. Any witness sponsoring an exhibit or testimony must
file a notarized affidavit stating that the information provided is
accurate to the best of their knowledge and have personal knowledge
of and be able to testify as to the validity of the information
contained in the exhibit or testimony. The applicant shall file
proposed findings of fact and a proposed certificate of public good
with the application.
Applicant Name. The application shall include the
name, contact information and a description of the company or person
making the application.
Host landowners. The application shall include the
names and addresses of the landowners on whose property the proposed
facilities would be built.
Adjoining Landowners. The application shall include
the names and addresses of all adjoining property owners. This
information shall be obtained from the most recent version of the
town's grand list.
Certification that Notice Requirements Have Been Met.
The applicant must certify that it has complied with the advance
notice requirements listed above.
Project Description
1. Site Plans. The applicant must
provide a site plan for each project. A site plan shall include:
(a) Proposed facility locations and
any incidental project features.
(b) Approximate property boundaries
and setback distances from those boundaries to the nearest corners of
each of the related structure, approximate distances of any nearby
residences, and dimensions of all proposed improvements.
(c) Proposed utilities, including
approximate distance from source of power, sizes of service available
and required, and approximate locations of any proposed utility or
communication lines.
(d)
A description of any areas where vegetation is to be cleared or
altered and a description of any proposed direct or indirect
alterations or impacts to wetlands and other natural resources
protected under
30
V.S.A. §
248(b)(5),
including the limits of earth disturbance and the total acreage
disturbed.
(e) Detailed
plans for any drainage of surface and/or sub-surface water and plans
to control erosion and sedimentation both during construction and as
a permanent measure.
(f)
Locations and specific descriptions of proposed screening,
landscaping, ground cover, fencing, exterior lighting, and
signs.
(g) Plans of any
proposed access driveway, roadway, or parking area at the facility
site, including grading, drainage and traveled width, including a
cross section of the access drive indicating the width, depth of
gravel, paving, or surface materials.
(h) The latitude and longitude
coordinates for each proposed project.
2. Elevation Drawings
(a) For each proposed structure,
the applicant must provide elevation drawings.
(b) The elevation drawings must be
at appropriate scales but no smaller than 1"/20'.
(c) The applicant must include two
elevation drawings of the proposed structures drawn at right angles
to each other, showing the ground profile to at least 100 feet beyond
the edge of any proposed clearing, and showing any guy wires or
supports. The elevation drawing shall show height of the structure
above grade at the base, and describe the proposed finish of the
structure.
(d) The
elevation drawing shall indicate the relative height of the facility
to the tops of surrounding trees as they presently exist.
(e) Each plan sheet shall be
clearly labeled with the project title, date, revision date(s),
scale, and name of the person or firm that prepared the plan.
Environmental Criteria. The applicant must address
each of the applicable criteria set forth in Section 5.108. To the
extent that the proposal will create an adverse impact affecting any
of these criteria, the applicant should describe what measures, if
any, will be taken to minimize such impact.
Local and Regional Plans. The applicant shall provide
copies of the relevant sections of the Town Plans and Regional Plans
in effect in the communities in which the proposed facilities will be
located and describe how the project meets or complies with the land
conservation measures in those plans.
Completed Applications. Upon receiving an application
under this subsection, Board staff will review the application for
completeness. If the application does not substantially comply with
the application requirements set forth herein, the Clerk of the Board
will inform the applicant of the deficiencies. Upon submission of all
information necessary to address the deficiencies, the Clerk of the
Board shall notify the applicant that the filing is complete.
Submission of Comments and Requests for Hearing. If
any person or other entity wishes to submit comments to the Board
concerning an application filed pursuant to this subsection, file a
motion to intervene, or request a hearing, such correspondence is due
at the Board within 21 calendar days of the date that the application
was submitted to the Board and all required parties. Anyone
requesting a hearing must make a showing that the application raises
a significant issue regarding one or more of the criteria listed in
Section 5.108 or the criteria conditionally waived in that section.
Such a showing must go beyond general or speculative claims, and
provide specific information regarding potential impacts for the
criteria.
(D) Termination :
1. Transfer of Certificates. A
certificate of public good for a net metering system is automatically
transferred when the property with a net metering system is sold or
otherwise conveyed. The new owner may commence net metering provided
that the new owner:
(1) agrees to
operate and maintain the net metering system according to the terms
and conditions of the certificate of public good and in compliance
with this Rule 5.100 and;
(2) files the Board-approved
transfer form with the Board and the electric company. The Board will
provide a simplified transfer form for this purpose.
2. Revocation. The Board
may, after notice and opportunity for hearing, revoke any certificate
of public good for a net metering system for the following causes:
a. the certificate was based on
false or misleading information supplied by the applicant;
b. the system was not installed, or
is not being operated, in accordance with the National Electric Code
or applicable interconnection standards;
c. the holder of the certificate
has failed to comply with the conditions of approval, representations
made in the application, or this rule; or
d. other good cause exists for
revocation.
Section 5.111 Interconnection
Requirements
Net metering facilities of 150 kW or less in
capacity shall be installed and operated in accordance with Appendix
A, the Net Metering Technical Specifications (Tables 1 through 5).
Net metering systems greater than 150 kW in capacity, shall follow
the interconnection procedures contained in Board Rule 5.500.
Section 5.112
Disconnection of a NetMetered System
(A) The following procedures shall
govern disconnection of a net-metered system from the electrical
system. These procedures apply to net metering customers only and do
not supplant Board Rules 3.300 and 3.400 relating to company
disconnection in general.
(B) Customers that initiate a
permanent disconnection of their net metering systems must notify
their respective electric company, and the electric company must
notify the Board and the Department of the disconnection.
(C) In the event an electric
company needs to perform an emergency disconnection of a net metering
system, when continued interconnection of the system is likely to
result in significant disruption of service or is likely to endanger
life or property, the electric company must notify the customer
within 24 hours after the disconnection. For the purpose of this
section, the term emergency shall mean a situation in which continued
interconnection of the net metering system is imminently likely to
result in significant disruption of service or endanger life or
property.
1. If the emergency is
not caused by the net metering system, the company shall reconnect
the net metering system upon cessation of the emergency.
2. If the emergency is caused by
the net metering system, the company must communicate the nature of
the problem to the customer within 5 days, and attempt to resolve the
problem. If the problem has not been resolved within 30 days of an
emergency disconnection, the electric company shall file a
disconnection petition with the Board.
(D) Non-emergency disconnections
shall follow the same procedure as emergency disconnections outlined
above, except that the electric company will give written notice of
the disconnection no earlier than 10 days and no later than 3 working
days prior to the first date on which disconnection of the net
metering system may occur. Such notice shall communicate the reason
for disconnection to the customer and the expected duration of the
disconnection. An electric company may obtain, at the discretion of
the customer, a net metering customer's written agreement to notice
requirements for non-emergency disconnections which are different
from those set forth in this Rule, provided that the electric company
first advises the customer of his or her rights under this rule and
informs the customer that he or she may contact the Consumer Affairs
and Public Information Division of the Vermont Department of Public
Service. For group systems, such agreement may be obtained from the
person designated under section 5.105(B).
(E) Customers who are involuntarily
disconnected may file a complaint with the Board at any time
following disconnection. Within 30 days of the date the complaint is
filed, the Board may hold a hearing to investigate the complaint. In
the event of the filing of such a complaint, the electric company
shall carry the burden of proof to demonstrate the reasonableness of
disconnection.
Section
5.113 Electric Company Tracking of NetMetered
Systems
All electric companies with net-metered customers shall
maintain current records of the cumulative amount of net metered
generation within their respective service territories, pursuant to
30 V.S.A. §
219a. Electric companies shall also
keep current records regarding the number and size of net-metered
systems and disconnections of net-metered systems in their service
areas.
Section
5.114 Abandonment of a Certificate of Public
Good
Non-use of a certificate of public good for a period of one
year following the date on which the certificate is issued shall
constitute an abandonment of the net metering system and the
certificate of public good shall be considered revoked. For the
purpose of this section, for a certificate to be considered used the
net metering system must be installed within one year of the issuance
of the certificate of public good, unless installation is delayed by
litigation or unless, at the time of issuance or in a subsequent
proceeding, the Board provides that installation may be completed at
a later time.
Appendix A. Requirements.
Table 1- Requirements for all Applications up to 150
kW in capacity.
Display Table
Table 2 - Specific Interconnection requirements for
net metering classified generators up to 15 kW using inverters
(static power converters)
Display Table
Table 3 - Specific Interconnection requirements for
net metering classified generators up to 15 kW using rotating power
converters (induction generators or synchronous generators)
Display Table
Table 4 - Specific Interconnection requirements for
net metering classified generators from 15 kW up to 150 kW using
inverters (static power converters)
Display Table
Table 5 -- Specific Interconnection requirements for
net metering classified generators from 15 kW up to 150 kW using
rotating power converters (induction generators or synchronous
generators)
Display Table
