Rule 4901:1-22-10 | Uniform requirements for interconnection agreements.
(A) The EDU shall provide the applicant with a standard interconnection agreement for distributed generation within five business days following completion of project review. If applicable, the applicant must pay for the interconnection facilities and distribution upgrades identified in the facilities study.
(B) The applicant shall have thirty business days or another mutually agreeable time frame after the standard interconnection agreement is received to sign and return the interconnection agreement to the EDU.
(C) When the applicant does not sign the agreement within thirty business days, the interconnection request will be deemed withdrawn unless the applicant requests an extension of the deadline in writing. The request for extension shall not be denied by the EDU, unless conditions on the EDU system have changed.
(D) Milestones for construction
(1) When construction is required, the interconnection of the distributed generation will proceed according to any milestones agreed to by the parties in the standard interconnection agreement.
(2) The interconnection agreement may not become effective until the milestones agreed to in the standard interconnection agreement are satisfied, including the following:
(a) The distributed generation is approved by electric code officials with jurisdiction over the interconnection.
(b) The applicant provides a certificate of completion to the EDU; or there is a successful completion of an on-site operational test within ten business days or at a mutually convenient time, unless waived. The operational test shall be observed by EDU personnel or a qualified third party with sufficient expertise to verify that the criteria for testing have been met.
(1) Any EDU interconnection agreement with the applicant shall not require additional liability insurance beyond proof of insurance or any other suitable financial instrument sufficient to meet its construction, operating and liability responsibilities in accordance with the EDU's tariff with respect to this rule.
(2) At no time shall the EDU require the applicant to negotiate any policy or renewal of any policy covering any liability through a particular insurance agent, solicitor, or broker.
(F) Alternative dispute resolution
The EDU or the applicant who is a nonmercantile, nonresidential customer may seek resolution of any disputes which may arise out the EDU tariffs filed under these rules, in accordance with Chapter 4901:1-26 of the Administrative Code, for alternative dispute resolution procedures.
(G) Site testing
The applicant must provide the EDU a reasonable opportunity to witness the testing of installed switchgear, protection system, and generator as included in the applicant's installation test plan and maintenance schedule that has been reviewed and approved by the EDU.
(H) Periodic testing
(1) Any periodic tests of the interconnection equipment (including any relays, interrupting devices, control schemes, and batteries that involve protection of the EDU's system) as recommended by the applicant's equipment manufacturer or required by the institute of electrical and electronics engineers (IEEE) 1547 standards, effective as set forth in rule 4901:1-22-03 of the Administrative Code, shall be the responsibility of the applicant.
(2) Such periodic tests shall be included in the applicant's installation test plan and maintenance schedule that has been reviewed and approved by the EDU.
(3) The applicant shall make copies of the periodic test reports or inspection logs available to the EDU for review.
(4) Upon a written request, the EDU is to be informed of the next scheduled maintenance and be able to witness the maintenance program and any associated testing.
(I) Disconnection of the applicant's facility
Except as provided for in paragraph (J)(2) of this rule, when the EDU discovers the applicant's equipment is not in compliance with IEEE 1547 standards, effective as set forth in rule 4901:1-22-03 of the Administrative Code, and such noncompliance has the potential to adversely affect the safety and reliability of the electric system, the EDU may disconnect the applicant's facility according to the following procedures:
(1) The EDU shall provide a notice to the applicant with a description of the specific noncompliance condition.
(2) The disconnection can only occur after a reasonable time to cure the noncompliance condition has elapsed.
(J) Other disconnection of the unit
(1) The applicant retains the option to temporarily disconnect from the EDU's system at any time. Such temporary disconnection shall not be a termination of the interconnection agreement unless the applicant exercises its termination rights under the interconnection agreement.
(2) The EDU shall have the right to disconnect the applicant's unit(s) without notice in the event of an emergency or to eliminate conditions that constitute a potential hazard to the EDU personnel or the general public. The EDU shall notify the applicant of the emergency as soon as circumstances permit.
(K) Service interruption
During routine maintenance and repairs on the EDU's system consistent with Chapter 4901:1-23 of the Administrative Code, or other commission order, the EDU shall provide the applicant with a seven-day notice of service interruption.
(L) Effective term and termination rights of an interconnection agreement
(1) An interconnection agreement becomes effective when executed by both parties and shall continue in force until terminated under any of the following conditions:
(a) The applicant terminates the interconnection agreement at any time by giving the EDU sixty calendar days prior notice.
(b) The EDU terminates the interconnection agreement upon failure of the applicant to generate energy from the applicant's facility in parallel with the EDU's system by the later of two years from the date of the executed interconnection agreement or twelve months after completion of the interconnection.
(c) Either party terminates by giving the other party at least sixty calendar days prior written notice that the other party is in default of any of the material terms and conditions of the interconnection agreement, so long as the notice specifies the basis for the termination and there is reasonable opportunity to cure the default.
(2) All applicants' installations existing on or before the effective date of this rule are exempted from the changes instituted by this rule.
(3) Upon termination of an interconnection agreement, the applicant's facilities will be disconnected from the EDU's system.
(4) The termination of the interconnection agreement shall not relieve either party of its liabilities and obligations, owed or continuing at the time of the termination.