§ 39-26.3-4.1. Interconnection standards.
(a) The electric distribution company may only charge an interconnecting, renewable energy
customer for any system modifications to its electric power system specifically necessary
for and directly related to the interconnection.
(b) If the public utilities commission determines that a specific system modification
benefiting other customers has been accelerated due to an interconnection request,
it may order the interconnecting customer to fund the modification subject to repayment
of the depreciated value of the modification as of the time the modification would
have been necessary as determined by the public utilities commission. Any system modifications
benefiting other customers shall be included in rates as determined by the public
utilities commission.
(c) If an interconnecting, renewable energy customer is required to pay for system modifications
and a subsequent renewable energy or commercial customer relies on those modifications
to connect to the distribution system within ten (10) years of the earlier interconnecting,
renewable energy customer's payment, the subsequent customer will make a prorated
contribution toward the cost of the system modifications that will be credited to
the earlier interconnecting, renewable energy customer as determined by the public
utilities commission.
(d) An electric distribution company shall acknowledge to the interconnecting, renewable
energy customer receipt of an application to initiate the interconnection process
within three (3) business days of receipt. The electric distribution company shall
notify the interconnecting, renewable energy customer in writing within ten (10) business
days of receipt that the application is or is not complete and, if not, advise what
is missing. Any disputes regarding whether and when an application to initiate the
interconnection process is complete shall be resolved expeditiously at the public
utilities commission. The maximum time allowed between the date of the completed application
and delivery of an executable interconnection service agreement shall be one hundred
seventy-five (175) calendar days or two hundred (200) calendar days if a detailed
study is required. All electric distribution company system modifications must be
completed by the date which is the later of: (1) No longer than two hundred seventy
(270) calendar days, or three hundred sixty (360) calendar days if substation work
is necessary, from the date of the electric distribution company's receipt of the
interconnecting, renewable energy customer's executed interconnection service agreement;
or (2) The interconnecting, renewable energy customer's agreed-upon extension of the
time between the execution of the interconnection service agreement and interconnection
as set forth in writing. All deadlines herein are subject to all payments being made
in accordance with the distributed-generation interconnection tariff on file with
the public utilities commission and the interconnection service agreement. These system
modification deadlines cannot be extended due to customer delays in providing required
information, all of which must be requested and obtained before completion of the
impact study. The deadlines for completion of system modifications will be extended
only to the extent of events that are clearly not under the control of the electric
distribution company, such as extended prohibitive weather, union work stoppage or
force majeure, or third-party delays, including, without limitation, delays due to
ISO-NE requirements not attributable to electric distribution company actions, and
that cannot be resolved despite commercially reasonable efforts. The electric distribution
company shall notify the customer of the start of any claimed deadline extension as
soon as practicable, its cause and when it concludes, all in writing. Any actual damages
that a court of competent jurisdiction orders the electric distribution company to
pay to an interconnecting, renewable energy customer as a direct result of the electric
distribution company's failure to comply with the requirements of this subsection
shall be payable by its shareholders and may not be recovered from customers, provided
that the total amount of damages awarded for any and all such claims shall not exceed,
in the aggregate, an amount equal to the amount of the incentive the electric distribution
company would have earned as provided for in §§ 39-26.6-12(j)(3) and 39-26.1-4 in the year in which the system modifications were required to be completed. In no
event shall the electric distribution company be liable to the interconnecting, renewable
energy customer for any indirect, incidental, special, consequential, or punitive
damages of any kind whatsoever as a result of the electric distribution company's
failure to comply with this section.
(e) On or before September 1, 2017, the public utilities commission shall initiate a docket
to establish metrics for the electric distribution company's performance in meeting
the time frames set forth herein and in the distributed-generation interconnection
standards approved by the public utilities commission. The public utilities commission
may include incentives and penalties in the performance metrics.
(f) The proposed interconnection of any new renewable energy resource that replaces the
same existing renewable energy resource of the same or less nameplate capacity that
has been in operation in the twelve (12) months preceding notification of the replacement
shall be subject to a sixty-day (60) review. The purpose of such sixty-day (60) review
is to allow the electric distribution company to determine whether any system modifications
are required to support the interconnection of the replacement renewable energy resource.
If there is a need for system modifications because of an interconnection policy change
implemented by the electric distribution company, then the system modification may
be included in rates as determined by the public utilities commission. If there is
a need for system modifications only because of a change in the rating or utility
disturbance response that adversely affects the impact of the facility on the distribution
system, then the interconnecting, renewable energy customer shall be responsible for
the cost of the system modifications.