TITLE 17. PUBLIC UTILITIES AND UTILITY SERVICES
CHAPTER 9. ELECTRIC SERVICES
Part 571. Net Metering of Customer-Owned Qualifying Facilities of 10KW or
Smaller
17.9.571.1 ISSUING AGENCY:
[9-30-99;
Recompiled 12/31/01]
17.9.571.2 SCOPE: This rule applies to every electric utility operating in
[9-30-99;
Recompiled 12/31/01]
17.9.571.3 STATUTORY AUTHORITY: The
[9-30-99;
Recompiled 12/31/01]
17.9.571.4 DURATION: Permanent.
[9-30-99;
Recompiled 12/31/01]
17.9.571.5 EFFECTIVE DATE: September 30, 1999, unless a later date is
cited at the end of a Section or Paragraph.
[9-30-99;
Recompiled 12/31/01]
17.9.571.6 OBJECTIVE: The purpose of this rule is to simplify
the interconnection requirements for Qualifying Facilities of 10kW or smaller
and encourage the use of small-scale customer-owned renewable or alternative
energy resources in recognition of the beneficial effects the development of
such resources will have on the environment of New Mexico.
[9-30-99;
Recompiled 12/31/01]
17.9.571.7 DEFINITIONS: As used in this rule, unless otherwise
specified:
A. "Qualifying facility" means a
cogeneration or a small power production facility which has a design capacity
of 10kW or smaller and meets the criteria for qualification contained in 18
C.F.R. Section 292.203.
B. "customer" means a customer of an
electric utility who owns and/or operates a qualifying facility.
C. "net metering" means measurement of the
difference between the electricity that is supplied by an electric utility and
the electricity that is generated by a Qualifying Facility and fed back to the
utility over a billing period.
D. [Reserved.]
E. [Reserved. ]
[9-30-99;
Recompiled 12/31/01]
17.9.571.8 LIBERAL CONSTRUCTION: This rule shall be liberally construed to
carry out its intended purposes.
[9-30-99;
Recompiled 12/31/01]
17.9.571.9 RELATIONSHIPTO OTHER COMMISSION RULES: This rule is intended to supplement NMPRC
Rule 570 [17.9.570 NMAC]. In the case of any conflict between this rule and
NMPRC 570, the provisions of this rule shall apply.
[9-30-99;
Recompiled 12/31/01]
17.9.571.10 PROCEDURE FOR INTERCONNECTION
A. General. Unless otherwise specifically provided for in
the standard interconnection agreement in 17 NMAC 10.571.17 [now 17.9.571.17 NMAC],
the procedures in 17 NMAC 10.571.10.2 [now Subsection B of 17.9.571.10
NMAC] for standard
interconnection agreements and interconnections shall be followed.
B. Conditions of interconnection. A utility shall
interconnect with any Qualifying Facility which:
(1)
is covered by a signed standard interconnection
agreement between the customer and the utility which is consistent with the
Commission approved form of agreement set forth in 17 NMAC 10.571.17 [now 17.9.571.17 NMAC]. A
utility shall provide a blank form of application for interconnection within
ten (10) days of a written request for such form.
(2)
is capable of operating safely and commencing
the delivery of power into the utility system;
(3)
has met all applicable safety and performance
standards established by local and national electrical codes including the
National Electrical Code, the
(4)
has met all applicable safety and performance standards adopted by the
utility and filed with and approved by the Commission pursuant to this rule
that are necessary to protect public safety and system reliability.
(5)
[Reserved]
(6)
[Reserved]
C. A customer whose Qualifying Facility otherwise complies
with this rule may bring a complaint before the Commission pursuant to the
NMPRC Utility Division Rules of Procedure, 17 NMAC 1.2 [now 17.1.2 NMAC] if it is unreasonably required by the utility to meet
additional interconnection requirements, perform or pay for additional tests,
or pay additional interconnection-related charges.
D. Professional engineers
certification not required. Qualifying facilities that meet the requirements of
17 NMAC 10.571.10.2 [now Subsection B of
17.9.571.10 NMAC] shall
not be required by a utility to provide a certification from a professional
electrical engineer.
E. Isolation transformers and disconnection switches. A
utility shall not require an isolation transformer for interconnection of
single phase photovoltaic facilities meeting the requirements of 17 NMAC
10.571.10.2. [now
Subsection B of 17.9.571.10 NMAC] If a utility determines that an isolation transformer is
required for other types of qualifying facilities, the utility may file an
application with the Commission requesting approval to require the transformer.
The customer shall have installed and maintained in proper operable condition a
separate load break disconnect switch as a visible means of disconnection,
unless the customer and utility shall agree in writing to the use of the meter
as a visible means of disconnecting single-phase photovoltaic facilities.
F. Use of a single meter. When the customer is billed under
a rate structure that does not include time-of-use energy pricing, a single
energy meter shall be used to implement net metering of a Qualifying Facility
unless an alternate metering arrangement is agreed to by the customer and
utility. If either the utility or the customer requests an alternate form of
metering or additional metering that is not required to accomplish net metering
or is for the convenience of the party, the party requesting the change in
metering shall pay for the alternate or additional metering arrangement. If the
customer elects to take electric service under any rate structure, including
time-of-use, that requires the use of metering apparatus or a metering
arrangement that is more costly than would otherwise be necessary absent the
requirement for net metering, the customer shall be required to pay the
additional incremental cost of the required metering equipment. Within ten (10)
days of receiving notification from the customer of the intent to interconnect,
the utility will notify the customer of any metering costs. Charges for special
metering costs shall be paid by the customer, or arrangements for payment
agreed to between the customer and utility, prior to the utility authorizing
interconnected operation.
G. Liability insurance. All customers are urged to obtain
adequate liability insurance to cover risks, liabilities, and consequences
which may arise as a result of interconnection with a utility system. For good
cause shown, upon the petition of a utility the Commission may require a
customer to obtain general liability insurance.
H. Provision of interconnection agreement. The utility shall
provide a blank form of the standard interconnection agreement in the form set
out in Section 17 of this rule within ten (10) days of a request for such form.
When a customer enters into an interconnect agreement pursuant to this rule,
the utility shall provide the customer with a copy of that interconnect
agreement. The utility shall file with the Commission a copy of each
interconnect agreement entered into by the utility within 30 days of the date
of the agreement.
[9-30-99;
Recompiled 12/31/01]
17.9.571.11 NET METERING CALCULATION: The electric company shall calculate each
customer's bill for the billing period using net metering and with the
following conditions:
A. Customers shall be billed for service in accordance with
the rate structure and monthly charges that the customer would be assigned if
the customer had not interconnected a Qualifying Facility. Net energy produced
or consumed on a monthly basis shall be measured in accordance with standard
metering practices.
B. If electricity supplied by the utility exceeds
electricity generated by the customer during a billing period, the customer
shall be billed for the net energy supplied by the utility under the rates
applicable under 17 NMAC 10.571.11.1 [now
Subsection A of 17.9.571.11 NMAC].
C. If electricity generated by the customer exceeds the
electricity supplied by the grid during a billing period, the utility shall
credit the customer on the next bill for the excess kilowatt-hours generated,
by:
(1)
crediting or paying the customer for the net energy supplied to the
utility at the utility's energy rate pursuant to NMPRC Rule 570.17; or
(2)
crediting the customer for the net
kilowatt-hours of energy supplied to the utility. Unused credits shall be
carried forward from month to month.
D. If a utility opts to credit customers under 17 NMAC
10.571.11.3.2 [now Paragraph 2 of
Subsection C of 17.9.571.11 NMAC], and the customer
leaves the system, customer's unused credits for excess kilowatt-hours
generated shall be paid to the customer at the utility's energy rate pursuant
to NMPRC Rule 570.17.
[9-30-99;
Recompiled 12/31/01]
17.9.571.12 COMPLAINTS AND INVESTIGATIONS: The procedures set forth in NMSA 1978
Sections 62-8-7 and 62-10-1, and the complaint and investigation provisions of
the NMPRC Utility Division Rules of Procedure, 17 NMAC 1.2 [now 17.1.2 NMAC], shall be
applicable for the resolution of complaints and investigations arising out of
the implementation and conduct of this rule. The customer and utility are
encouraged to use alternative dispute resolution mechanisms as provided in 17
NMAC 1.2 [now 17.1.2 NMAC].
[9-30-99;
Recompiled 12/31/01]
17.9.571.13 SEVERABILITY: If any part of this rule or any
application thereof is held invalid, the remainder of this rule or its
application to other situations or persons shall not be affected.
[9-30-99;
Recompiled 12/31/01]
17.9.571.14 EXEMPTION OR VARIANCE
A. Any interested person may file an application for an
exemption or a variance from the requirements of this rule. Such application
shall:
(1)
describe the situation which necessitates the
exemption or variance;
(2)
set out the effect of complying with this rule on the utility and its
customers if the exemption or variance is not granted;
(3)
identify the Section of this rule for which the exemption or variance is
requested;
(4)
define the result which the request will have
if granted;
(5)
state how the exemption or variance will
promote the achievement of the purposes of this rule;
(6)
state why no other reasonable alternative is available.
B. If the Commission determines that the exemption or
variance is consistent with the purposes of this rule, the exemption or
variance may be granted. The Commission may at its option require an informal
conference or formal evidentiary hearing prior to the granting of the variance.
[9-30-99;
Recompiled 12/31/01]
17.9.571.15 MOTION FOR STAY PENDING AMENDMENT,
EXEMPTION, OR VARIANCE: An
application for an amendment, exemption, or a variance may include a motion
that the Commission stay the application of the
affected portion of this rule for the transaction specified in the motion.
[9-30-99;
Recompiled 12/31/01]
17.9.571.16 CUSTOMER INFORMATION: The utility shall provide clear and
concise information to all customers regarding this rule, including, but not
limited to, contact persons and a description of net metering. The information
shall be provided in a bill insert or separate mailing and at the following
intervals:
A. the first month following the effective date of this rule
and substantive amendments to this rule; and
B. at least every year thereafter.
[9-30-99;
Recompiled 12/31/01]
17.9.571.17 STANDARD INTERCONNECTION AGREEMENT
[NAME OF UTILITY]
STANDARD INTERCONNECTION AGREEMENT FOR
QUALIFYING FACILITIES 10 kW OR LESS
_________________
(Customer) and ________________________ (Utility), referred to collectively as
parties and individually as party, agree as follows:
1. QUALIFYING FACILITY 10 kW OR LESS:
Customer's
electric service account number __________________________
Type of
generating facility
(solar, wind, etc.) __________________________
Rated generating
capacity __________________________
(kW)
Customer and
facility address __________________________________
__________________________________
__________________________________
Facility will be
ready for operation on or about ___________________________ (date)
Operating option
Customer has
elected to operate its Qualifying Facility in parallel with Utility's system.
Customer understands
that if this agreement is accepted connection and operation of customer
Qualifying Facility must meet at all times all applicable safety and
performance standards, including those established by the National Electrical
Code, the Institute of Electrical and Electronics Engineers, Underwriters
Laboratories, and all additional safety and performance standards of Utility or
adopted by the Commission pursuant to this rule that are necessary to protect
public safety and system reliability.
Customer shall be
subject to the terms and conditions set forth in 17 NMAC 10.571 [now 17.9.571 NMAC], a copy
of which is attached to this agreement. Customer hereby acknowledges that
Customer has read 17 NMAC 10.571 [now 17.9.571 NMAC].
2. CREDIT FOR NET ENERGY. Credit for net energy
shall be in accordance with 17 NMAC 10.571.11 [now 17.9.571.11 NMAC].
3. INTERRUPTION OR REDUCTION OF DELIVERIES.
Utility shall not
be obligated to accept or pay for and may require Customer to interrupt or
reduce deliveries of available energy:
when necessary in
order to construct, install, maintain, repair, replace, remove, investigate, or
inspect any of its equipment or part of its system; or
if it reasonably determines that
curtailment, interruption, or reduction is necessary because of emergencies,
forced outages, force majeure, or compliance with
prudent electrical practices.
Whenever
possible, Utility shall give Customer reasonable notice of the possibility that
interruption or reduction of deliveries may be required.
Notwithstanding
any other provision of this agreement, if at any time Utility reasonably
determines that either:
the facility may endanger Utility personnel
or other persons or property,
or the continued operation of Customer's
facility may endanger the integrity or safety of Utility's electric system,
Utility shall
have the right to disconnect and lock out Customer's facility from Utility's
electric system. Customer's facility shall remain disconnected until such time
as Utility is reasonably satisfied that the conditions referenced in this
Section have been corrected.
4. INTERCONNECTION.
Customer shall
deliver the as-available energy to Utility at the Utility's meter.
Customer shall
pay for designing, installing, operating, and maintaining the electric
generating facility in accordance with all applicable laws and regulations.
Utility shall
furnish and install a standard kilowatt-hour meter. Customer shall provide and
install a meter socket and any related interconnection equipment per Utility's
requirements.
Utility may meter
the customer's usage using two meters for measurement of energy flows in each
direction at the point of delivery. Additional metering shall be at the expense
of the party choosing to install additional meters, unless net metering cannot
be accomplished otherwise; provided, however, that Customer's and Utility's
responsibility for metering costs will be in accordance with the provisions of
17 NMAC 10.571.10.6[now Subsection F of
17.9.571.10 NMAC].
Customer shall
provide a clearly understandable sketch or one-line diagram showing the
Qualifying Facility, the interconnection equipment, breaker panel(s),
disconnect switches and metering, to be attached to this Agreement.
[Utility agrees
with Customer's written election, attached to this Agreement, to use the meter
as the visible means of disconnect rather than installing a separate load break
disconnect switch.]
Customer shall
not commence parallel operation of the generating facility until written
approval of the interconnection facilities has been given by Utility. Such
approval shall not be unreasonably withheld or delayed. Notwithstanding the
foregoing, Utility approval to operate Customer's Qualifying Facility in
parallel with Utility's electrical system should not be construed as an
endorsement, confirmation, warranty, guarantee or representation concerning the
safety, operating characteristics, durability or reliability of Customer's
Qualifying Facility. Utility shall have the right to have its representatives
present at the initial testing of Customer's protective apparatus.
5. MAINTENANCE AND PERMITS. Customer shall:
maintain the
generating facility and interconnection facilities in a safe and prudent manner
and in conformance with all applicable laws and regulations including, but not
limited to, Utility's interconnection requirements as set out in Appendix A to
this Agreement, and
obtain any governmental authorizations and
permits required for the construction and operation of the electric generating
facility and interconnection facilities.
6. ACCESS TO PREMISES. Utility may enter
Customer's premises:
to inspect at all reasonable hours
Customer's protective devices and read or test meter; and
to disconnect,
without notice, the interconnection facilities if Utility reasonably believes a
hazardous condition exists and such immediate action is necessary to protect
persons, or Utility's facilities, or property of others from damage or
interference caused by Customer's facilities, or lack of properly operating
protective devices.
7. INDEMNITY AND LIABILITY.
Each party shall
indemnify the other party, its directors, officers, agents and employees
against all loss, damages expense and liability to third persons for injury to
or death of persons or injury to property caused by the indemnifying party's
engineering design, construction ownership or operations of, or the making of
replacements, additions or betterment to, or by failure of, any of such party's
works or facilities used in connection with this agreement by reason of
omission or negligence, whether active or passive. The indemnifying party
shall, on the other party's request, defend any suit asserting a claim covered
by this indemnity. The indemnifying party shall pay all costs that may be
incurred by the other party in enforcing this indemnity. It is the intent of
the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party
shall bear the proportionate cost of any loss, damage, expense and liability
attributable to that party's negligence.
Nothing in this
agreement shall be construed to create any duty to, any standard of care with
reference to or any liability to any person not a party to this agreement. Neither Utility, its officers, agents or employees shall be
liable for any claims, demands, costs, losses, causes of action, or any other
liability of any nature or kind, arising out of the engineering, design
construction, ownership, maintenance or operation of, or making of
replacements, additions or betterment to, customer's facilities by customer or
any other person or entity.
Neither
Utility, its officers, agents or employees shall be liable for damages to the electrical
generating equipment caused by an electrical disturbance on the Utility system
or on the system of another, whether or not the electrical disturbance results
from the negligence of Utility.
8. GOVERNING LAW. This agreement shall be
interpreted, governed, and construed under the laws of the state of
9. AMENDMENT, MODIFICATIONS OR WAIVER. Any
amendments or modifications to this agreement shall be in writing and agreed to
by both parties. The failure of any party at any time or times to require
performance of any provision hereof shall in no manner affect the right at a
later time to enforce the same. No waiver by any party of the breach of any
term or covenant contained in this agreement, whether by conduct or otherwise,
shall be deemed to be construed as a further or continuing waiver of any such
breach or a waiver of the breach of any other term or covenant unless such waiver
is in writing.
10. NOTICES. All
written notices shall be directed as follows:
Attention: [Utility Agent or Representative]
[Utility Name and
Mailing Address]
Attention: CUSTOMER
Name:
_____________________________________________________
Address
____________________________________________________
City
_______________________________________________________
Customer notices
to Utility pursuant to Section 12 of this Agreement shall refer to the
Customer's electric service account number set forth in Section 1 of this
agreement.
11. TERM OF AGREEMENT. This Agreement shall be in
effect when signed by the Customer and Utility and shall remain in effect
thereafter month to month unless terminated by either party on thirty (30)
days' prior written notice in accordance with Section 11.
12. ASSIGNMENT. This Agreement and all provisions
hereof shall inure to and be binding upon the respective parties hereto, their
personal representatives, heirs, successors, and assigns. Customer shall not
assign this Agreement or any part hereof without the prior written consent of
Utility, and such unauthorized assignment may result in the termination of this
Agreement in accordance with Section 12.
13. APPENDICES. This Agreement includes the
following appendices or attachments, as labeled and incorporated herein by
reference:
Utility's
Interconnection Standards for
Qualifying Facilities 10kW or Less.
Customer's
written request to Utility of intent to interconnect Qualifying Facility.
Customer's
written election to use meter as visible means of disconnect.
Customer's
sketch or one line diagram and site drawing, and generation and protection
equipment specifications.
Utility's
written authorization to interconnect.
IN WITNESS
WHEREOF, the parties have caused two originals of this agreement to be executed
by their duly authorized representatives. This agreement is effective as of the
last date set forth below.
CUSTOMER
By:__________________________________________________________________
Name:
_______________________________________________________________
Title:
________________________________________________________________
Date:
_________________________
UTILITY
By:_________________________________________________________________
Name:
______________________________________________________________
Title:
_______________________________________________________________