SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY
INTERCONNECTION AGREEMENT
This Net Energy Metering (NEM) and Renewable Electrical Generating Facility Interconnection
Agreement (“Agreement”) is entered into by and between
(“Customer”), and Southern California Edison Company (“SCE”), sometimes also referred to herein jointly as “Parties” or individually as “Party.”
1.APPLICABILITY
This Agreement is applicable only to customers who satisfy all requirements of the definition of a
Renewable Electrical Generating Facility (“Generating Facility”) as set forth in paragraph 1 of subdivision (a) of Section 25741 of the California Public Resources Code.
2.SUMMARY OF GENERATING FACILITY AND CUSTOMER ACCOUNT
2.1 |
Generating Facility Identification Number: |
NM |
2.2Customer Meter Number:
2.3Customer Service Account Number:
2.4 Applicable Rate Schedule:
2.5Generating Facility Location:
2.5.1This agreement is applicable only to the Generating Facility described below and
installed at the above location. The Generating Facility may not be relocated or connected to SCE’s system at any other location without SCE’s express written permission.
2.5.2This Agreement is applicable only to Renewable Electrical Generating Facilities, which includes biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells (using renewable fuel), small hydroelectric generation, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and any additions or enhancements using such technology.
2.5.3Renewable Electrical Generating Facilities using fuel cells, municipal solid waste conversion, and small hydroelectric generating will be required to sign an Affidavit (Form 14-912) certifying the following criteria have been met:
a)For purposes of this schedule, qualifying “solid waste conversion” is defined
pursuant to Public
Resources Code Section 25741(b)(3).
b)For purposes of qualifying under “fuel cell” using renewable fuels, the electrical corporation must use technology the Public Utilities Commission determines will achieve reductions in emissions of greenhouse gases and meet emissions requirements for eligibility for funding pursuant to the Self- Generation Incentive Programs.
c)A “small hydroelectric” generating facility is not an eligible renewable generating facility if it will cause an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow.
2.6 Generating Facility Technology (Technologies using the renewable resources reflected above):
2.7Generating Facility Nameplate Rating (kW):
2.8Estimated monthly energy production of Generating Facility (kWh):
Form 16-344 |
Page 1 of 5 |
6/2012 |
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SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY
INTERCONNECTION AGREEMENT
3.GENERATING FACILITY INTERCONNECTION AND DESIGN REQUIREMENTS:
3.1Customer shall be responsible for the design, installation, operation, and maintenance of the Generating Facility and shall obtain and maintain any required governmental authorizations and/or permits.
3.2The Generating Facility shall meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers (“IEEE”), and accredited testing laboratories such as Underwriters Laboratories (“UL”), and, where applicable, rules of the California Public Utilities
Commission (“Commission”) regarding safety and reliability. This requirement shall
include, but not be limited to, the provisions of IEEE Standard 929, UL Standard 1741 and SCE’s Rule 21 – Generating Facility Interconnection.
3.3Customer shall not commence parallel operation of the Generating Facility until written
approval has been provided to it by SCE. SCE shall normally provide such written approval no later than 30 business days following SCE’s receipt of 1) a completed Net Energy Metering Application including all supporting documents and required payments,
2) a completed signed Net Energy Metering Interconnection Agreement, and 3) evidence of the Applicant’s final electric inspection clearance from the Government Authority having jurisdiction over the Generating Facility. If the 30 day period cannot be met, Distribution Provider shall notify Applicant and the Commission of the reason for the inability to process the interconnection request and the expected completion date.
3.4SCE shall have the right to have its representatives present at the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility.
3.5Customer shall not add generation capacity in excess of the Nameplate Rating set forth in Section 2.7 of this Agreement, or otherwise modify the Generating Facility without the prior written permission of SCE.
4.METERING AND BILLING:
Metering requirements and billing procedures shall be set forth in the SCE and/or Energy Service
Provider’s rate schedule(s) applicable to the electric service account assigned to the location where the Generating Facility is connected.
5.DISCONNECTION, INTERRUPTION OR REDUCTION OF DELIVERIES:
5.1SCE may require Customer to interrupt or reduce the output of its Generating Facility under the following circumstances:
(a)Whenever SCE deems it necessary in its sole judgment, to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or any part of its electric system; or
(b)Whenever SCE determines in its sole judgment, that curtailment, interruption, or reduction of Customer’s electrical generation is otherwise necessary due to emergencies, forced outages, force majeure, or compliance with prudent electrical practices.
5.2Notwithstanding any other provision of this Agreement, upon termination of this Agreement or at any time SCE determines the continued parallel operation of the
Generating Facility may endanger the public or SCE personnel, or affect the integrity of
SCE’s electric system or the quality of electric service provided to other customers, SCE
shall have the right to require the Generating Facility to be immediately disconnected from SCE’s electric system. The Generating Facility shall remain disconnected until such time as SCE is satisfied, in its sole judgment that the condition(s) causing such disconnection have ended or have been corrected.
5.3Whenever feasible, SCE shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required.
5.4Electrical energy and capacity provided to Customer during periods of curtailment or interruption of the output of the Generating Facility shall be provided pursuant to the terms of the rate schedule(s) applicable to the electric service account to which the Generating Facility is connected.
Form 16-344 |
Page 2 of 5 |
6/2012 |
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SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY
INTERCONNECTION AGREEMENT
6.ACCESS TO PREMISES:
SCE may enter Customer’s premises at all times, without notice to Customer for emergency purposes only.
(a)To inspect Customer’s protective devices or check meter(s); to ascertain there is no power flow; or
(b)To disconnect the Generating Facility and/or service to Customer, whenever in
SCE’s discretion, a hazardous condition exists and such immediate action is necessary to protect persons, SCE’s facilities, or property of others from damage
or interference caused by the Generating Facility, or the failure of properly
operating protective devices.
SCE will make prior arrangements with the Customer for gaining emergency access to Customer’s premises by obtaining keys to a lock box or a padlock or by making other mutually agreeable arrangements
7.INDEMNITY AND LIABILITY:
7.1Each Party as indemnitor shall defend, hold harmless, and indemnify the other Party and the directors, officers, employees, and agents of the other Party against and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including any
direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense, including attorneys’ fees) for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or
in connection with (a) the engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of the indemnitor’s
facilities, or (b) the making of replacements, additions, betterments to, or reconstruction of the indemnitor’s facilities. This indemnity shall apply notwithstanding the active or passive negligence of the indemnitee. However, neither Party shall be indemnified hereunder for its loss, liability, damage, claim, cost, charge, demand, or expense resulting from its sole negligence or willful misconduct.
7.2The indemnitor shall, on the other Party’s request, defend any suit asserting a claim covered by this indemnity and shall pay for all costs, including reasonable attorney fees, that may be incurred by the other Party in enforcing this indemnity.
7.3The provisions of this Section shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy.
7.4Except as otherwise provided in Section 7.1, neither Party shall be liable to the other Party for consequential damages incurred by that Party.
7.5Nothing in this Agreement shall create any duty to, any standard of care with reference to, or any liability to any person who is not a Party to it.
7.6Notwithstanding the provisions of Section 7.1, Customer shall be responsible for
protecting its Generating Facility from damage by reason of the electrical disturbances or faults caused by the operation, faulty operation, or non-operation of SCE’s facilities, and SCE shall not be liable for any such damage so caused.
8.GOVERNING LAW:
This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California.
9.CALIFORNIA PUBLIC UTILITIES COMMISSION:
9.1This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may, from time to time, direct in the exercise of its jurisdiction.
9.2Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto.
Form 16-344 |
Page 3 of 5 |
6/2012 |
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SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY
INTERCONNECTION AGREEMENT
10.AMENDMENT, MODIFICATIONS, WAIVER OR ASSIGNMENT:
10.1This Agreement may not be altered or modified by either of the Parties, except by an instrument in writing executed by each of them.
10.2None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect.
10.3This Agreement shall supersede any existing agreement under which Customer is currently operating the Generating Facility identified in Section 2, herein, and any such agreement shall be deemed terminated as of the date this Agreement becomes effective.
10.4This Agreement contains the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement.
10.5A new Customer of Record or New Party In (NPI) who owns, leases, or rents a premises with an operating NEM eligible facility, previously approved by SCE for Parallel Operation does not have to submit a new interconnection agreement as long as the Customer meets the requirements of Schedule NEM. This will also apply to premises where the developer/contractor establishes the interconnection, so that the Customer who buys/rents/leases the premises will not have to re-submit and sign a new interconnection agreement.
A new Customer of Record or New Party In (NPI), who owns, rents or leases a premises that includes NEM eligible electrical generating facilities with a capacity of 30 kW or less, that were approved by SCE for Parallel Operation prior to the new Customer or NPI moving in and/or taking electric service with SCE will take service on Schedule NEM as long as the requirements of this section are met. To be eligible, the new Customer or
NPI must 1) ensure that the generating facility is compliant with all applicable safety and performance standards as delineated in SCE’s Electric Rule 21 and other applicable tariffs in effect at the time of initial approval for Parallel Operation; 2) keep in force the amount of property, commercial general liability and/or personal liability insurance the New Party In or new Customer has in place at the time it initiates service on this tariff; 3) understand that SCE may from time to time release to the California Energy Commission
and/or the California Public Utilities Commission , information regarding the new
Customer or NPI’s facility, including New Party In or new Customer’s name and
Generating Facility location, capacity and operational characteristics. SCE will provide the New Party In or new Customer with, a copy of the interconnection agreement in
effect and as signed by the previous customer which will remain unchanged, (ii) a copy of the NEM Fact Sheet of operation and billing, and (iii) SCE’s website information on the NEM tariff.
10.6A new Customer or NPI who owns rents or leases a premises that includes a NEM eligible electrical generating facility above 30 kW will need to sign a new interconnection agreement. If no changes are made to the interconnection facilities, the agreement will have identical terms and conditions as the ones approved for the previous Customer.
11.NOTICES:
11.1Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows:
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SOUTHERN CALIFORNIA EDISON COMPANY: |
Form 16-344 |
Page 4 of 5 |
6/2012 |
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SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY
INTERCONNECTION AGREEMENT
Attn: NEM Program Administrator
SCE Customer Solar & Self Generation
P.O. Box 800 Rosemead, CA 91770
CUSTOMER: |
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Account Name: |
________________________________________________ |
Mailing Address: |
_______________________________________________ |
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_______________________________________________ |
11.2Customer’s notices to SCE pursuant to this Section shall refer to the Generating Facility
Identification Number that is set forth in Section 2.1
12.TERM AND TERMINATION OF AGREEMENT:
12.1This Agreement shall become effective when SCE issues written authorization to interconnect the Generating Facility after receipt of all required documents, and this
completed Agreement signed by the Customer and SCE, and shall remain in effect thereafter from month to month unless terminated by either Party on thirty (30) days’ prior written notice in accordance with Section 11.
12.2This Agreement shall terminate, without notice, upon: (a) termination of the electric distribution service provided to Customer by SCE; or (b) changes to Customer’s electric load which cause Customer to no longer satisfy all requirements of the definition of an
Eligible Customer-Generator, as set forth in Section 2827(b) (4) of the California Public
Utilities Code; or (c) termination of Customer’s NEM arrangements with its Electric
Service Provider.
13.SIGNATURES:
This Agreement may be executed in counterparts, and by electronic signature on the part of SCE, and copies of a Party’s signed signature page may be transmitted to the other Party by facsimile or other electronic means. Copies of the signature page so transmitted may be used for the purpose of enforcing the terms of this Agreement as though they were originals and will not be made inadmissible in any legal or regulatory proceeding concerning this Agreement on the basis of the Best Evidence Rule or similar rule of admissibility.
This Agreement shall become effective when SCE issues written authorization to interconnect the Generating Facility after receipt of all required documents, and this completed Agreement signed
by the Customer and SCE, and shall remain in effect thereafter from month to month unless terminated by either Party on thirty (30) days’ prior written notice in accordance with Section 11.
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the latter of the two dates set forth below.
CUSTOMER |
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SOUTHERN CALIFORNIA EDISON COMPANY |
By: |
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By: |
Name: |
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Name: Melissa R. Patrick |
Title: |
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Title: NEM Interconnection Manager |
Date: |
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Date: |
Form 16-344 |
Page 5 of 5 |
6/2012 |
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