(1)Definitions. For purposes of this
section, unless the context otherwise requires:
(a)Customer-generator means an end-use electricity customer that
generates electricity on the customer's side of the meter using eligible energy
resources.
(b)Eligible energy resources has the meaning established in section 40-2-124.
(2)Each cooperative electric association shall allow a customer-generator's
retail electricity consumption to be offset by the electricity generated from eligible
energy resources on the customer-generator's side of the meter that are
interconnected with the facilities of the cooperative electric association, subject to
the following:
(a)Monthly excess generation. If a customer-generator generates
electricity in excess of the customer-generator's monthly consu
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(1) Definitions. For purposes of this
section, unless the context otherwise requires:
(a) Customer-generator means an end-use electricity customer that
generates electricity on the customer's side of the meter using eligible energy
resources.
(b) Eligible energy resources has the meaning established in section 40-2-124.
(2) Each cooperative electric association shall allow a customer-generator's
retail electricity consumption to be offset by the electricity generated from eligible
energy resources on the customer-generator's side of the meter that are
interconnected with the facilities of the cooperative electric association, subject to
the following:
(a) Monthly excess generation. If a customer-generator generates
electricity in excess of the customer-generator's monthly consumption, all such
excess energy, expressed in kilowatt-hours, shall be carried forward from month to
month and credited at a ratio of one to one against the customer-generator's
energy consumption, expressed in kilowatt-hours, in subsequent months.
(b) Annual excess generation. Within sixty days after the end of each annual
period, or within sixty days after the customer-generator terminates its retail
service, the cooperative electric association shall account for any excess energy
generation, expressed in kilowatt-hours, accrued by the customer-generator and
shall credit such excess generation to the customer-generator in a manner deemed
appropriate by the cooperative electric association.
(c) Nondiscriminatory rates. A cooperative electric association shall provide
net metering service at nondiscriminatory rates.
(d) Interconnection standards. A cooperative electric association and a
customer-generator shall comply with the interconnection standards and insurance
requirements established in the rules promulgated by the public utilities
commission pursuant to section 40-2-124; except that the cooperative electric
association may reduce or waive any of the insurance requirements, and except
that the public utilities commission shall initiate a rule-making proceeding no later
than October 1, 2008, for the purpose of addressing cooperative electric
association system issues in its small generator interconnection procedures. A
cooperative electric association shall not prevent or unreasonably burden the
installation of a net metering system if such system includes protective equipment
that prevents any export of customer-generated electricity from the customer's
side of the meter.
(e) (I) Size specifications. Each cooperative electric association shall allow:
(A) Residential customer-generators to generate electricity subject to net
metering up to ten kilowatts; and
(B) Commercial or industrial customer-generators to generate electricity
subject to net metering up to twenty-five kilowatts.
(II) Each cooperative electric association may allow customer-generators to
generate electricity subject to net metering in amounts in excess of the minimum
amounts specified in subparagraph (I) of this paragraph (e). If the cooperative
electric association denies interconnection to a customer-generator that has
requested interconnection of a system with a capacity of twenty-five kilowatts or
larger, the association shall provide a written technical or economic explanation of
such denial to the customer.
(3) The cooperative electric association and the customer-generator shall
indemnify, defend, and save the other party harmless from any and all damages,
losses, or claims, including claims and actions relating to injury to or death of any
person or damage to property, demand, suits, recoveries, costs and expenses, court
costs, attorney fees, and all other obligations by or to third parties, arising out of or
resulting from the other party's action or failure to act in relation to any obligations
under this section, except in cases of gross negligence or intentional wrongdoing
by the indemnified party.