4.1. ERMUSR 12-17-2019UTILITIESCOMMISSIONMEETING
TO:FROM:
ERMU Commission Troy Adams, P.E. –General Manager
MEETING DATE: AGENDA ITEM NUMBER:
December 17, 2019 4.1
SUBJECT:
Policy Manual Initiative
ACTION REQUESTED:
Approve, as outlined in the memo, the following:
Remove the following policies from the PolicyManual: E.6a,E.7,E.7a, E.12, E.12a, E.12b,
W.6a, W.6b, W.6c, W.8, W.8a, W.9a, and W.10.
Move the following policies to the Commission Policy Manual: E.5, E.6, E.10, W.5, W.6,
W.7, and W.9.
Delegate authority to management and move the following policies to the Management
Policy Manual: E.2, E.3, E.4, E.8, E.9, E.11, W.2, W.3, and W.4.
BACKGROUND:
In 2017, the Commission worked with staff and a consulting firm todevelop governancepolices
based on the Carver Model governance style. The previous polices were left in place, redundant
with the new policies. An initiative was created to develop a migration plan for relevant old
policies to become part of the new policy manual, confirm delegation of authority to
management for old policies that are not governance, and to eliminate or remove documents
that are not policy. The initiative will address the section of the old policy manual per the
following commission action request tentative schedule:
• September: Rates, Fees, and Programs Section
Service Agreements & Requirements Section
• October: Personnel Section
• November: Administration Section (Except A.1 Service Policies)
• December: Electric Section (Except E.1 Electric Department Rules)
Water Section (Except W.1 Water Department Rules)
• March: A.1 Service Policies
E.1 Electric Department Rules
W.1 Water Department Rules
Per the schedule, the Commission took action on the Rates, Fees, and Programs section as well
as the Service Agreements & Requirements section in September. The Commission took action
on the Personnel section in October. And, the Commission took action on the Administration
section in November.
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DISCUSSION:
TheElectricandWatersectionscontain 29 policydocumentswithactionrequestsfor
consideration.Theseareattachedforreference.Aninitiativeoverviewandchecklistisattached
as well.
As indicated in the attached overview, there are 13 policy documents in the Electric and Water
sections which are proposed to be eliminated and/or removed from the policy. These policies
are:
E.6aPoleAttachmentAgreement: Thisisnotpolicy, ratheritistemplateformusedfor
a thirdpartyattachingtoERMUpowerpoles.
E.7PoleDisposal Policy: This policy is redundant.Thepolicy’s intent is already included
inGovernancePolicyG.4l1UseandDisposalofUtilityProperty,includingspecific
referencetopowerpoles.Thatlanguagewillbestrengthenedtoincludementionof
indemnificationrequirementsregardingdonatedanddisposedmaterials.
E.7a Pole Disposal Agreement: This is not policy; ratherit is a legal agreement
establishing termsofuse including indemnification clausefor disposed powerpoles.
E.12 Distributed Energy Resources and Net MeteringPolicy: This was a multi-
stakeholder developed document created undertheauthority of the Minnesota Public
Utilities Commission which all utilities were required to adopt. This should be a
standalone commission controlled document, like the rate sheets, rather than a
governance policy included in the governance manual. This document is required to be
available to the public and is accessible through the ERMU website.
E.12a RulesGoverningtheInterconnection of Cogeneration and Small Power
Production: This is part of the E.12 and shouldbe standalone.
E12.b Cogeneration and Small Power ProductionTariff: This is part of the E.12 and
should be standalone.
W.6a Payment and Assessment of the Coststo Repair Private Utility Lines: Thisis the
City’spolicyincluded in the ERMU governancepolicymanual for reference. This should
be removed from the ERMU policy book.
W.6b PaymentandAssessmentoftheCoststoRepairPrivateUtilityLines: Thisis a city
ordinanceincluded in the ERMU governance policy manual forreference.Thisshould
be removed from the ERMU policy book.
W.6c Petition,Waiverand Agreement for Payment of theCost of Repairs to Private
Utility Lines: This is not policy.This isthe form used to apply for this program.
W.8 Water Shut-Off Request: Thisis notpolicy. This is a form and should be removed
from the policy manual.
W.8a Water Shut-Off: This is a city ordinance included in theERMU governance policy
manual for reference. This should be removed from theERMU policy book.
W.9a WaterUseRestrictions: This is a city ordinance included in the ERMU governance
policy manual for reference. This should be removed from theERMUpolicybook.
W.10 Wellhead Protection Plan: This document should be a standalone plan andnot
partofthe governance manual.
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TherearesevenpolicydocumentsintheElectricandWatersectionswhichareproposedtobe
movedandincorporatedintotheGovernancesection.Thisretainsthe Commission’sdirect
authorityoverthesedocumentsastheywillbecomepartoftheCommissionPolicyManual.The
six policy documents and their new policy numbers are:
E.5MutualAidPolicy: Proposed to move policyto G.4r Mutual Aid.
E.6PoleAttachment Policy: Proposed tointegratepolicyinto new policyG.4l4 Third
Party Attachment to Assets along withadditionallanguage regarding attachment to
water towers and street lights.
E.10StreetLightInstallationandMaintenance – MemorandumofUnderstanding:
Proposedto move to G.2a2 Street Light Installation and Maintenance – Memorandum
of Understanding as a sub-policy to G.2aCommission – City CouncilRelationshipand
Roles.
W.5LoopingWater Mains: Proposed toincorporate policyinto W.1 Water Department
Rules.
W.6PaymentofPrivate Water LineConnection and Repair Cost – Memorandumof
Understanding: Proposed to move policy toG.2a3Payment of PrivateWater Line
Connection and Repair Cost – Memorandum of Understanding as a sub-policy to G.2a
Commission – City CouncilRelationship and Roles.
W.7Side Lot Easements: This policydirectly relates to W.5 Looping Water Mains; and
along with W.5, this policy should be incorporated into W.1 WaterDepartmentRules.
To be enforceable, this policy or the intent thereof should also be added into
ordinance.
W.9 Water Use Restrictions: Proposed to move to policy G.4o1 Water Use Restrictions
as a sub-policy under the G.4o Environmental Stewardship policy.
And, there are nine policy documentsin the Electricand Water sections which are proposed to
be moved to the Management Policy Manual. This action would delegate the authority over
these policies to management, while the Commission would retain indirect authority over
through their oversight of the General Manager. These policy documents and their new policy
numbers are:
E.2Distribution ReliabilityStandard: Section 6 of Commission Policy G.4e Core
Customer Servicesstates that theGeneral Manager shall establishstandards for
reliability. Policy E.2 established those standardswhich are required by G.4e for the
General Manager to establish through management policy. Policy E.2 should be
delegated to management to oversee and periodically revise with a requirement to
provide annual reporting to the Commission.
E.3IntegrityTestingPolicy: This policyprovides procedural guidelines for an integrity
testing program for qualified large demand electric customerswith generation. This
document does not need to be a commission policy and should be delegated to
management to oversee and periodically revise as needed. Reference to the integrity
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testingprogramshouldbeaddedtodemandelectricrateandthelargedemandelectric
ratereferringtomanagementforprogramdetails.
E.4Mid-Block Street Lighting: This policy addresseslocations of fixtures and distance
betweenfixtureswhichwouldvarybasedonthetypeoffixture, andisanoperational
decisionratherthan a governancedecision.Theroleofthe Commissionisoverseeing
expectedresultsandthemeansinwhichthoseresultsareachieved.Withregardsto
street lighting and expected results, the Commission and council entered into a
memorandum of understanding. This memorandum outlines the expectations for new
and replacement street lights. It also outlines the process expectations including: street
planning and construction notification requirement of the city to ERMU, authority for
design standards, and material/labor costs associated with street lighting. The
downstream information documented in policy E.4 would be the responsibility of
management as established by the memorandum of understanding. This policy should
be formally delegated to management to oversee and periodically revise as needed.
E.8PoleMoveProcedure: Thisis notpolicy. This is a procedural document outlining the
operational and/or circumstantial reasons for a power pole move.
E.9Street Light Construction Standards: This is notpolicy.This document outlined
materials and construction standards used for the street light pole options offered. The
materials and the street light fixture types in this document are obsolete. The types of
street light fixtures offered are listed through the rate sheet and the fee schedule.
There does not need to be a policy document to also mandate the materials used as
these may change annually with new products or approved manufactures/models.
E.11 Two-Way Radio Guidelines: This document outlines radio use guidelines and is
procedural, not policy. This document should be delegated to management to oversee
and periodically revise as needed.
W.2 Water Distribution SystemMaintenanceProgram: Thisis not policy. This document
outlines operational system maintenance schedules and expectations for water
operators. This document should be delegated tomanagement to oversee and
periodically revise as needed.
W.3Customer Contact for Water MeterChange-Out: This document outlines the
processinwhichemployeescontactwatercustomersfor a meterchange-out.This
documentshouldbedelegatedtomanagementtooverseeandperiodicallyreviseas
needed.
W.4Fire Hydrant Use and Maintenance: This document outlines the program forthe
maintenance and use of public and private fire hydrants. The program is not
governance; however, the fee association with maintenance serviceofprivate hydrants
is approved by the Commission annually as part of the utilities’ Fee Schedule. This
document outing the program should be delegated to management to oversee and
periodically review as needed. The establishment and annual approval of the fee should
remain the direct responsibility of the Commission as part of the Fee Schedule.
ATTACHMENTS:
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Commission Policy Manual and Management Policy Manual Implementation Overview
ERMU Policies – Electric Section
o E.2 – Distribution Reliability Standard
o E.3 – Integrity Testing Policy
o E.4 – Mid-Block Street Lighting
o E.5 – Mutual Aid Policy
o E.6 – Pole AttachmentPolicy
o E.6a – Pole Attachment Agreement
o E.7 – Pole Disposal Policy
o E.7a – Pole Disposal Agreement
o E.8 – Pole Move Procedure
o E.9 – Street Light Construction Standards
o E.10 – Street Light Installation and Maintenance - Memorandum of Understanding
o E.11 – Two-Way Radio Guidelines
o E.12 – Distributed Energy Resources and Net Metering Policy
o E.12a – Rules Governing the Interconnection of Cogeneration and Small PowerProduction
o E.12b – Cogeneration and Small PowerProduction Tariff
ERMU Policies – Water Section
o W.2 – Water Distribution System Maintenance Program
o W.3 – Customer Contact for Water Meter Change-Out
o W.4 – Fire Hydrant Use and Maintenance
o W.5 – Looping Water Mains
o W.6 – Payment of Private Water Line Connection and Repair Costs – Memorandumof
Understanding
o W.6a – Payment and Assessment of the Costs to Repair Private Utility Lines – City
Policy (for reference only)
o W.6b – Payment and Assessment of the Costs to Repair Private Utility Lines – City
Ordinance(forreferenceonly)
o W.6c – Petition,WaiverandAgreementforPaymentoftheCostofRepairstoPrivate
Utility Lines
o W.7 – SideLotEasements
o W.8 – Water Shut-Off Request
o W.8a – Water Shut-Off - City Ordinance (for reference only)
o W.9 – Water Use Restrictions
o W.9a – Water Use Restrictions - City Ordinance (for reference only)
o W.10 – Wellhead Protection Plan
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E.2 Distribution Reliability Standard
1.0Safety Standard
Reference: Minnesota Rules, part 7826-0300
When constructing new facilities or reinvesting in existing utilities, Elk River Municipal Utilities
shall comply with, at a minimum, the National Electrical Safety Code.
Elk River Municipal Utilities shall make best efforts to comply with all regulations promulgated
by the United States Occupational Safety and Health Administration (OSHA) and by the
Occupational Safety and Health Division of the Minnesota Department of Labor and Industry.
2.0 Annual Safety Report
Reference: Minnesota Rules, part 7826.0400
Elk River Municipal Utilities will file an annual safety performance report with its local
governing body. The report will include summaries of all reports filed with OSHA and the
Occupational Safety and Health Division of the Minnesota Department of Labor and Industry
during the calendar year. The report will be available for inspection upon request in accordance
to the data privacy act.
3.0 Distribution Reliability Standard
Reference: Minnesota Rules, part 7826.0500
Elk River Municipal Utilities will submit a report of its reliability performance report to its local
governing body annually. The report shall include at least the following information:
A.The uSystem Average Interruption Duration Index
year. SAIDI means the average customer-minutes of interruption per customer. It is
determined by dividing the annual sum of customer-minutes of interruption by the
average number of customers served during the year.
B.System Average Interruption Frequency Index
the average number of interruptions per customer per year. It is determined by
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dividing the total annual number of customer interruptions by the average number of
customers served during the year.
C.The utilityCustomer Average Interruption Duration Index
calendar year. CAIDI means the average customer-minutes of interruption per
customer interruption. It approximates the average length of time required to
complete service restoration. It is determined by dividing the annual sum of all
customer-minutes of interruption durations by the annual number of customer
interruptions.
D.Elk River Municipal Utilities will note in its report unusual events, such as severe
storms.
E.Elk River Municipal Utilities will adopt an action plan, sought by its local governing
body, for remedying any failure to comply with its own locally-set reliability
standards.
F.Elk River Municipal Utilities will track each interruption of a bulk power supply
facility that impacts the local distribution system during the calendar year. Elk Rvier
Municipal Utilities will compile SAIDI, SAIFI, and CAIDI indices including
interruptions of bulk power supply, and a separate SAIDI, SAIFI, and CAIDI report
on interruptions due solely to local distribution system causes.
G.Elk River Municipal Utilities will diligently attempt to obtain detailed explanations
from bulk power suppliers (generation and transmission companies) in regards to
bulk supply interruptions and steps that have been taken or will be taken to prevent
future interruption.
H.Elk River Municipal Utilities shall inform its local governing body of any major
service interruption. Major service interruption means bulk power supply or an
interruption of service at the feeder level above which affects 500 or more customers
for one or more hours. The utility may call the Minnesota Public Utilities
Commission (651-296-0406) regarding any significant interruption caused by a bulk
power supply facility.
I.Data on staffing levels, including field employees responsible for responding to
trouble and for the operation and maintenance of distribution lines.
5.0 Reliability Standards
Reference: Minnesota Rules, part 7826-0600
The governing body of Elk River Municipal Utilities shall adopt its own locally-set reliability
performance standards, in the form of proposed numerical values for SAIDI, SAIFI, and CAIDI.
These standards shall remain in effect until changed by the governing body.
6.0 Customer Notice of Planned Service Interruptions
Reference: Minnesota Rules, part 7826-0800
Elk River Municipal Utilities shall give customers the most effective actual notice possible of
any planned service interruption expected to last longer than 20 minutes. For any planned
interruption expected to exceed four (4) hours, the utility shall provide, if feasible, door-to-door
52
household visits 12 to 72 hours before the interruption. Planned service interruptions will be
scheduled at times to minimize the inconvenience to customers.
7.0 Meter Reading Frequency
Reference: Minnesota Rules, part 7826-0900
Elk River Municipal Utilities shall attempt to read all of its meters monthly.
8.0 Replacing Malfunctioning Meters
Reference: Minnesota Rules, part 7826-1000
The utility shall replace a malfunctioning meter within ten calendar days of receiving a report
from a customer questioning its accuracy or within ten calendar days of learning in some other
way that it may be inaccurate. A meter testing fee may be applied per local utility rules and
regulations.
9.0 Call Response Time
Reference: Minnesota Rules, part 7826-1200
Calls to the office during regular business hours shall be answered within four rings. After hours
emergency calls will be answered by 763-241-3796 or if there is no answer, call Sherburne
County Dispatch at 763-241-2540 and have them page the Elk River Municipal Utilities on-call
personnel.
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E.3 Integrity Testing Policy
1.0Purpose
The purpose of this policy is to provide an opportunity for rate relief to qualified Demand
Electric Service customers from incremental demand charges resulting from approved integrity
testing wh
2.0 Scope
For new or existing Demand Electric Service customers,installing new or replacement
equipment and conducting tests to determine the integrity of their equipment and/or electrical
system can have a significant financial impact on their electric demand and power bill. It can
costs if such testing
coincides with the hour the monthly billing peak is established. To encourage the practice of
performing integrity testing during off-peak hours, qualified customers may be eligible to apply
for incentive to conduct integrity testing during off-peak hours. That incentive will come in the
form of an agreement to waive the incremental demand charge associated with the additional
peak demand created by integrity testing providing the following conditions are observed:
A.The applicant is an ERMU Demand Electric Service customer in good standing.
B.Integrity testing would occur during off-peak hours as defined in the policy.
C.The term off-peak hours refers to the six hours from midnight to 6 AM any weekday
(Monday through Friday) or the ten hours from midnight to 10 AM any weekend day
or holiday.
D.Integrity testing refers to commissioning of new or replacement equipment and/or
facility testing that is typically performed to test the integrity of the customers
equipment and/or electrical system or ERMU electrical systems serving the
equipment or facility prior to the customer integrating the new or replacement
equipment into full operation.
E.The customer must complete a written application at least two business days prior to
the proposed integrity testing date. ERMU will provide formal confirmation of the
application approval. Approval is required to receive the integrity testing incentive.
Such permission shall not unreasonably be withheld.
Revised: January 9, 2018
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E.4 Mid-Block Street Lighting
1.0Mid-Block Street Lighting
A.In newly platted areas, street lights shall be installed at all major intersections and at
mid-block, provided that no lights are spaced closer than 300 feet. Street lighting
layout shall be approved by the Elk River Municipal Utilities and shall be consistent
with the standard type of lighting currently being utilized by the City to provide for a
uniform City Street Lighting System.
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E.5 – Mutual Aid Policy
1.0Elk River Municipal Utilities Mutual Aid Policy
A.In the event if a natural disaster or catastrophic event resulting in the compromise of
water or electric utilities outside Elk River Municipal Utilities’ service territory, Elk
River Municipal Utilities may be contacted through utility associations, utility
companies or cities to provide assistance. This request for assistance may be that of
labor or equipment resources. At the discretion of the Utility Management, resources
may be dispatched in such a way as to not compromise Elk River Municipal Utilities
or their customers.
Adopted February 24, 2009
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E.6 - Pole Attachment Policy
1.0Purpose and Summary
Elk River Municipal Utilities, upon the terms and subject to the conditions set forth herein, may
enter into an agreement providing a grant of license to a third party for the attachment of
communication equipment. The Pole Attachment Agreement shall establish requirements for,
but not limited to the following: payment terms, method to determine allocation installation
costs, access, design standards, and hold harmless terms.
2.0Fees
The annual license fee for communication equipment attachments shall be $6.50 per pole.
Adopted March 11,1997
Revised July 12, 2011
1
57
ELK RIVER MUNICIPAL UTILITIES
POLE ATTACHMENT AGREEMENT
day of , , by and
1.Grant of License. Owner grants to Licensee, upon the terms and subject to the conditions set
es of the Owner located
Dayton, and Big Lake Township; identified in Exhibit A attached hereto and incorporated herein.
2.License Fees.
a.Licensee agrees to pay
b.The Annual License Fee shall be in the amount of the pole attachment rate set by Owner
from time to time. The current pole attachment rate is set forth in Exhibit B attached
hereto and incorporated herein.
st
c.The Annual License Fee shall be paid on or before January 31 of each year for so long
as this Agreement remains in effect. There shall be no proration for any period of time
of less than on year.
d.As an additional license fee, Licensee shall reimburse Owner for all expenses incurred by
Owner in making necessary alterations or additions to its poles for the purpose of
g costs allocated to
Licensee by Owner pursuant to Paragraph 6 hereof.
3.Maintenance of Communication Equipment. Licensee will be responsible for maintenance of
the Communication Equipment and will have the right to access the Communication Equipment
for maintenance purposes. However, Licensee must give Owner written notification before
commencing any maintenance activities. Licensee will maintain its Communication Equipment
at no cost to Owner. It is specifically contemplated and understood by the parties that Owner
Communication Equipment will be reimbursed by Licensee.
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4.Design Standards.
Communication Equipment shall at all times be in conformity with the National Electric Safety
Code, as amended and all applicable Federal, State, and Local regulations and requirements. All
prepared by a qualified and certified engineer and submitted to Owner for review and approval
ƦƩźƚƩ to the commencement of any work.
5.Right of Way for Lic Owner does not, in any manner, warrant or covenant
with the Licensee regarding the validity of any easements, franchise or other authorizations
warrant or covenant with Licensee regarding the validity of any rights hereby given with respect
6.Division of Costs.
a.The cost of erecting new poles covered by this Agreement, to construct new pole lines,
to make extensions to existing pole lines or to replace existing poles, shall be borne by
the parties as follows:
i.The cost in place of a normal pole or pole smaller than normal shall be borne by
Owner. Owner shall have sole discretion to determine, from time to time, the
specifications for a normal pole.
ii.In the case of a pole larger than normal, where all or part of the extra height or
strength is necessary because of the requirements of Licensee, including
requirements for k
to meet required clearances, the extra cost in place of such a pole shall be borne
by Licensee.
iii.In the case of a pole larger than normal where all or part of the extra height or
strength is necessary because of requirements of Owner, including
of trees or to meet required clearances, the extra cost in place of such a pole
er.
iv.In the case of a pole larger than normal where all or part of the extra height or
strength is necessary because of the requirements of both parties, or the
requirements of public authorities or property owners (other than requirements
with regard to keeping the equipment of one party only clear of trees or to keep
the required clearance for that one party), Licensee shall pay the Owner a sum
equal to one-half the difference between the cost in place of such pole and the
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59
cost in place of a normal pole, the rest of the cost of erecting such pole to be
borne by Owner.
v.Owner shall have sole discretion to determine the amounts and allocation of
costs for larger than normal poles under this Section 6a.
b.Any payments for poles made by Licensee under any provisions of this paragraph 6 shall
be a license fee only and shall not entitle Licensee to ownership of any part of said poles
for which it has contributed in whole or in part.
c.Where an existing pole is prematurely replaced by a new one solely for the benefit of
Licensee, the cost in place of the new pole shall be paid by Licensee, and Licensee shall
also pay the value of the replaced pole, plus the cost of removal less the salvage value of
such pole. The replaced pole shall be removed and retained by Owner. Owner shall
have sole discretion to determine whether replacement of a pole is necessary and is
being done for the benefit of Licensee.
d.Owner shall have exclusive discretion to determine, from time to time, what is a normal
pole, to determine when a normal pole needs to be replaced or upgraded, and to
determine the costs and the allocation of costs to install, replace or upgrade a normal
pole.
7.Installation of Communications Equipment.
a. Licensee
shall submit detailed plans to Owner for the installation of the Communications
Equipment, including such information and plans as Owner shall require, so Owner can
determine the feasibility of the proposed installation and determine any costs to be
incurred pursuant to Paragraph 6 hereof.
b.
writing, if the plans have been approved and, if so, any alterations to the plans required
by Owner and Owners determination of costs for the installation to be allocated to
Licensee.
c.Prior to the commencement of any work on the installation of the Communication
Equipment by Licensee:
i.
of the installation to be allocated to Owner under Paragraph 6 hereof.
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60
ii.Licensee shall deposit with Owner such amount as Owner shall determine, in its
or other equipment caused by the installation and not corrected by Licensee.
d.Following the approval of plans and the payment of amounts due, Licensee may
proceed with installation of the Communications Equipment on such terms and
schedule as Owner shall approve in a written approval to proceed.
e.All Communication Equipment shall be installed to the satisfaction of ERMU, in its sole
discretion. Licensee shall make any corrections, repairs or replacements to the
Communications Equipment required by Owner and shall not put the Communications
Equipment into service until Owner has issued its written approval of the installation.
equipment occurring during the installation.
f.Following approval by Owner of the installation of the Communication Equipment,
Owner shall calculate the actual costs of the installation to be allocated to Licensee. If
the costs allocated to Licensee are less than the amount pre-paid by Licensee, Owner
shall refund Licensee any amounts due within 30 days. If the costs allocated to Licensee
are more than the amount pre-paid by Licensee, Licensee shall pay all additional
amounts due within 30 days of notice from Owner of those amounts.
g.Owner shall also return to Licensee any amount of the deposit submitted by Licensee
not required by Owner to repair poles or equipment damaged during the installation.
8.Termination of Use. If Owner desires at any time to abandon any pole, it shall give Licensee
notice in writing to that effect at least ninety (90) days prior to the date on which Owner intends
to discontinue use of the pole. Licensee shall thereupon remove its Communication Equipment
from the pole no later than ten (10) days before expiration of the notice period. Licensee may
at any time discontinue the use of any pole by removing any and all attachments it may have
thereon. If Owner determines, in its sole discretion, that the abandoned pole may stay in place,
Owner and Licensee may, if they both desire to, enter into negotiations for sale of the
abandone
right of way or property where the pole is located. The Owner of the right of way or property
where the pole is located shall be a party to any such agreement.
9.Covenant to Hold Harmless. Licensee agrees to hold harmless and defend Owner against any
related to Licensees installation, operation and/or maintenance of Communications Equipment
representatives, nor to any other person for any personal injury, death or damage to property,
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61
ed to Licensees installation,
operation and/or maintenance of Communications Equipment on the poles.
10.Existing Rights of Other Parties. Owner has, prior to the execution of this Agreement, conferred
upon others, not parties to this Agreement, by contract or otherwise, the rights or privileges to
as affecting said rights or privileges, and Owner shall have the right, by contract or otherwise, to
continue and to extend such existing rights or privileges. It is expressly understood, however,
that for the purpose of this Agreement, the attachments of any other party shall be treated as
attachments belonging to the Owner, and the rights, obligations and liability hereunder of the
Owner with respect to such attachments shall be the same as if Owner were the actual owner of
those attachments.
11.Assignment. This Agreement shall not be assignable by Licensee.
12.Benefited Parties. This Agreement shall inure to the benefit of the parties hereto. Nothing
contained in this Agreement or the relationship created thereby shall be deemed to benefit
third parties, or to establish a precedent in the relationship between Owner and any other
party.
Elk River Municipal Utilities \[Licensee\]
By: By:
Its: Its:
Dated: Dated:
GP:2999592 v2
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E.7 Pole Disposal Policy
1.0Procedure for Pole Disposals
A.Occasionally existing overhead electrical distribution is upgraded, relocated, or replaced
with underground. This may result in the Utility reclaiming used utility poles that would
need to be disposed of. Used poles that are unfit for reuse as utility poles because of
height or condition but are in reasonable condition for other uses will be given away or
disposed of. These poles will be offered to the public and employees at a first come first
serve basis. To receive any of these used utility poles, a Utility Pole Agreement waiver
must be signed releasing the Utility of liability.
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UTILITY POLE AGREEMENT
This agreement is made this ____ day of ___________________, 20____, by and
between Elk River Municipal Utilities
Whereas ERMU is the owner of used utility poles; and
Whereas Buyer desires to acquire from ERMU______________________used utility
poles;
Whereas, as a condition to the transfer of said utility poles to Buyer, ERMU requires
Buyer to execute this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.- BUYER HEREBY
ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD AMPLE
OPPORTUNITY TO INSPECT AND EVALUATE THE PHYSICAL
CHARACTERISTICS OF THE USED UTILILTY POLES, AND HAS INDEPENDTLY
DETERMINED THE POLE(S) IS ACCEPTABLE IN ALL RESPECTS TO BUYER.
BUYER FURTHER ACKNOWLEDGES AND AGREES BUYER IS ACCEPTING
--IS
WITHOUT RELYING UPON AN REPRESENTATIO OR WARRANTIES WITH
RESPECT TO THE POLES MADE BY ERMU, ITS AGENTS, EMPLOYEES, OR
INDEPENDENT CONTRACTORS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
BUYER ACKNOWLEDGES THAT ERMU HAS MADE NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USED UTILITY
POLES OR ANY CONDITION THEREOF.
2.IDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold
harmless ERMU, against any and all claims, demands, damages, cost and expenses,
including
transporting, and use of the used utility poles including any and all costs associated with
the use, handling, storage, release or disposal of any Hazardous Substances.
3.USE. Buyer warrants and represents that Buyer will not burn or erect the used utility
pole.
4.ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties with respect to the purchase and use of the used utility poles by the Buyer and
supersedes all prior agreements and understandings between the parties with respect to
such purchase.
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ELK RIVER MUNICIPAL UTILITIES BUYER
BY:_____________________________ BY:________________________________
Its:________________________ , Printed Name
Address:____________________________
___________________________________
Phone #:____________________________
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E.8 Pole Move Procedure
1.0Pole Move Procedure
In the general policy of Elk River Municipal Utilities (ERMU), it states that 3Ø electric
feeder lines be constructed overhead while any 3Ø or 1Ø taps are constructed
underground.ERMU on occasion is asked to replace our overhead electric lines by either
relocating or placing underground. These overhead lines may be either 1Ø or 3Ø. The
conditions under which this can occur are as follows:
A.Overhead line is in poor condition or is obsolete where replacement and upgrading is
warranted while being fiscally responsible.
B.Land use change requiring overhead system to be relocated or upgraded for capacity.
C.Existing line not constructed in right-of-way or easement and land owner requests
line to be relocated.
D.NESC clearance issues that result in code violations.
E.Moving entire overhead lines from rear lot line to front line due to accessibility while
being fiscally responsible.
F.Overhead line requires excess tree trimming where burying line is more economical
than continued tree trimming.
G.Governmental regulations requiring electric lines be placed underground for either
new construction or maintenance requiring pole movement or replacement on existing
overhead system. (Otsego)
H.Customer desiring pole to be moved and reimburses ERMU for expense and it is
technically feasible to move or bury. Burying spans in the middle of an overhead
system is generally not advisable due to lightning.
I.Right-of-Way or easement conditions require entire line to be relocated while not
jeopardizing the reliability of the system and be fiscally responsible. Consideration
shall be given to treating all affected customers equally.
J.Resolve general safety concerns where it is in the best interest of ERMU or general
public to relocate pole or line.
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E.9 Street Light Construction Standards
1.0Street Light Construction Standards
A.
cobra head lamp. Used in existing areas with overhead line construction and existing
areas with underground construction with no street lights. Installation cost per
ERMU Street Light Agreement form.
B.
lamp. Used in new developments with underground electrical system at intersections
of major roads. Installation cost per ERMU Street Light Agreement form.
C.ried fiberglass pole with a 150 watt HPS traditionaire lamp. Used in new
developments with underground electrical systems of minor street intersections and
mid-block lighting if desired. Installation cost per ERMU Street Light Agreement
form.
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E.11 Two-Way Radio Guidelines
1.0Two- Way Radio Guidelines
A.All of us depend on our two-way radios in our vehicles or on our person to communicate
with one another. This communication may be either for routine business or an
emergency situation.
B.The FCC requires certain procedures when using two-way radios, as follows:
1)Channels are shared. Always monitor before keying up transmitter.
2)If other transmissions are in progress, wait for them to finish before beginning
your own. It is not appropriate to start transmitting or keying up when another
party is transitting.
3)Always identify yourself and your listener when initiating a transmission (e.g.
Station 1 to Unit 2).
4)Keep your transmissions to business matters only no horseplay, rude sounds, or
foul language.
5)Always try to keep your transmission as brief as possible.
6)Sign off by identifying yourself with your call sign (e.g. Station 1 over).
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E.12 - Distributed Energy Resources and Net Metering Policy
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To establish the application procedure and qualification criteria for all customers for the
delivery, interconnection, metering and purchase of electricity from distributed energy
resource facilities and to comply with applicable laws and rules governing distributed energy
resources.
The utility recognizes its obligation to provide interconnection to eligible qualifying facilities and will
comply with all applicable laws and rules governing distributed energy resources.
For purposes of this policy, the following terms have the meanings given them:
A.Average retail energy rate - the average of the retail energy rates, exclusive of special rates
based on income, age, or energy conservation, according to the applicable rate schedule of
the utility for sales to the class of customer of which the customer/qualifying facility
belongs.
B.Avoided costs - the incremental costs to the utility of electric energy or capacity or both
which, but for the purchase from the qualifying facility, the utility would generate itself or
purchase from another source.
C.Contract - the written agreement between the customer/qualifying facility and the utility,
as established in the utility Interconnection of Cogeneration and Small
Power Production.
D.Distributed energy resource (DER) - a distributed generation system incorporated with or
without an electric storage system.
E.Interconnection application - the form to be used by the customer to submit its formal
request for interconnection to the utility and which shall be substantially similar in form to
that contained in the Distributed Energy Resources Interconnection Process adopted by the
utility.
F.Interconnection rules - any applicable rules developed in accordance with Minnesota
Statutes §§216B.164 and 216B.1611. This includes the utilityRules Governing
Interconnection of Cogeneration and Small Power Production. It also includes the utility
Distributed Energy Resources Interconnection Process which includes its Simplified Process,
Fast Track Process, and Study Process as well as the technical requirements incorporated
therein or any future technical requirements adopted by the utility.
G.Measured capacity - for purposes of determining capacity, it shall be measured based on the
highest fifteen (15) minute average demand of the unit in any one billing period.
H.Net metering/net billing - the process whereby the customer and the utility compensate
each other based on the difference in the amount of energy each sells to the other at the net
metered facility.
I.Net metered facility - an electric generation facility constructed for the purpose of offsetting
energy use through the use of renewable energy or high efficiency generation sources with a
capacity of less than 40 kilowatts that has elected in writing to be compensated for excess
generation through net metering/net billing.
J.Total generator nameplate capacity - the nominal voltage (V), current (A), maximum active
power (kWac), apparent power (kVA), and reactive power (kvar) at which a distributed
energy resource (DER), is capable of sustained operation. For a qualifying facility with
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nameplate rating in the qualifying facility. tion capacity may,
with the utility
similar device settings or adjustments as identified in IEEE 1547. The customer must fully,
accurately and completely disclose in its interconnection application to the utility, the
technical specifications for any capacity limiting device contemplated and the customer shall
furnish the utility with any factory manuals or other similar documents requested from the
utility regarding such limiting or other control devices which factor into the calculation of
total generator capacity.
K.Qualifying facility - a cogeneration or small power production facility which satisfies the
conditions established in Code of Federal Regulations, title 18, part 292. The qualifying
facility must be owned by a customer of the utility and located in the utility service area.
L.Utility Elk River Municipal Utilities.
In the event an inconsistency exists between terms in this policy and those established by
applicable statute, rule or court order, then the definition so established shall supersede the
definition used in this policy and shall govern.
All customers are eligible for distributed generation, interconnection with the utility's
distribution system and application of net metering upon the following terms and conditions.
1.The customer must meet the eligibility requirements set forth in the federal Public
Utility Regulatory Policies Act of 1978 (PURPA) *18 C.F.R. 292.303, 292.304 and
Minnesota's distributed generation laws. Minn. Stat. §216B.164.
2.The customer shall complete, sign and return to utility either the Interconnection
Application or the Simplified Process Application in the form prescribed in the utility
Distributed Energy Resources Interconnection Process. The application shall be approved
by the utility prior to the customer beginning the project. The customer signature on the
application indicates the customer shall follow the steps outlined in the u
interconnection rules.
3.The customer shall enter into a written contract with the utility using the uniform
contract contained in the utility Interconnection of Cogeneration
and Small Power Production.
4.The qualifying facility shall pay the utility for all reasonable costs of interconnection
including those costs outlined in Minnesota Statute 216B.164, the utilityDER
Interconnection Process, and the State of Minnesota Interconnection Technical
Requirements.
5.The qualifying facility total generator nameplate capacity shall be less than 40 kW and
the facility shall operate at a measured capacity of less than 40 kW at all times to qualify
for net metering/net billing or roll over credit compensation.
6.The utility may limit the capacity and operating characteristics of qualifying facility single
phase generators in a manner consistent with the utility limitations for single phase
motors, when necessary to avoid a qualifying facility from causing problems with the
service of other customers.
7.The utility may require the qualifying facility to discontinue parallel generation operations
when necessary for system safety.
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8.The power output from the qualifying facility must be maintained so that frequency and
voltage are compatible with normal utility service and do not cause that service to fall
outside the prescribed limits of interconnection rules and other standard limitations.
9.The qualifying facility shall keep in force liability insurance against personal or property
damage due to the installation, interconnection, and operation of its electric generating
facilities. The amount of insurance coverage shall be the maximum amount of said
insurance for a qualifying facility or net metered facility as outlined in the utility
Interconnection Process.
10.Failure of the qualifying facility to operate its distributed energy resource at a measured
capacity below the 40 kW AC capacity limit established by Minn. Stat. §216B.164, Sub. 3
and as contemplated by this policy, shall result in the following. The utility will notify the
customer/qualifying facility of the fact that its generating equipment has failed to operate
below the 40 kW AC maximum capacity and will provide the customer/qualifying facility
with the date, time and kW reading that substantiate this finding.
11.The utility shall compensate the customer/qualifying facility for all metered electricity
produced by said qualifying facility during the thirty (30) day period during which the
failure occurred, at the utility's wholesale power supplier's avoided cost rate.
12.The utility shall continue to pay the customer/qualifying facility for subsequent electricity
produced and delivered pursuant to the contract, at the utility's wholesale power
supplier's avoided cost rate until:
1.The problem with the generator that caused it to operate at or above the statutory
maximum capacity has been remedied; and
2.The utility has been provided documentation adopted by a Minnesota Professional
Engineer that confirms the problem with the generator has been remedied.
13.Any customer account eligible for net metering/net billing is not eligible for any other load
management discounts unless agreed to by the utility.
14.Payment for the purchase of the qualifying facility
of a credit on the custome
payment to the customer within fifteen (15) days of the billing date, whichever is selected
and indicated in the contract.
15.The customer must be, and continue to be, current with payment on its electric account
with utility.
16.The customer must not enter into any arrangement that violates the utility
to provide electric service in its service area under Minnesota Statutes §§216B.37-44.
17.In the event that the distributed generator fails to meet the requirements of this policy for
a total distributed generation capacity of less than 40 kW AC, and fails to satisfy the
corrective requirements set forth in Section 12 above, then the utility will have the right to
(1)cancel the contract with the owner of the qualifying facility, and (2) enter into a new
contract with the owner of the qualifying facility that, among other changes, adjusts the
qualifying facilityqualifying
facilityoutput. To the extent that the utility does not have the obligation to make
purchases from qualifying facilities of 40 kW or greater due to transfer of the obligation to
the utility's wholesale supplier that has been approved by the Federal Energy Regulatory
Commission, the new agreement will be between the utility's wholesale supplier and the
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qualifying facility. In either case, the utility (and, as applicable, the utility's wholesale
supplier) and the owner of the qualifying facility will cooperate in the transition from the
form of contract set forth in the utilityRules Governing Interconnection of Cogeneration
and Small Power Production to a new form of contract appropriate to a qualifying facility
with a capacity of 40 kW or greater.
18.Fully executed interconnection contracts for distributed energy resources may be
canceled in the event the distributed energy resource fails to interconnect to the utility
distribution system within twelve (12) months of signing of the interconnection contract
by the qualifying facility and the utility.
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E.12a Rules Governing the Interconnection of
Cogeneration and Small Power Production
Facilities with Elk River Municipal Utilities
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Part A. DEFINITIONS
Subpart 1. Applicability. For purposes of these rules, the following terms have the meanings given
them below.
Subp. 2. Average retail utility energy rate. "Average retail utility energy rate" means, for any class of
utility customer, the quotient of the total annual class revenue from sales of electricity minus the
annual revenue resulting from fixed charges, divided by the annual class kilowatt-hour sales. The
computation shall use data from the most recent calendar year available.
Subp. 3. Backup power. "Backup power" means electric energy or capacity supplied by the utility to
replace energy ordinarily generated by a qualifying facility's own generation equipment during an
unscheduled outage of the facility.
Subp. 4. Capacity. "Capacity" means the capability to produce, transmit, or deliver electric energy,
and is measured by the number of megawatts alternating current at the point of common coupling
between a qualifying facility and the utility's electric system during a 15-minute interval period.
Subp. 5. Capacity costs. "Capacity costs" means the costs associated with providing the capability to
deliver energy. The utility capacity costs consist of the costs of facilities from the utility and the
operating and maintenance costs of these facilities.
Subp. 6. Customer. "Customer" means the person named on the utility electric bill for the premises.
Subp. 7. Energy. "Energy" means electric energy, measured in kilowatt-hours.
Subp. 8. Energy costs. "Energy costs" means the variable costs associated with the production of
electric energy. They consist of fuel costs and variable operating and maintenance expenses.
Subp. 9. Firm power. "Firm power" means energy delivered by the qualifying facility to the utility
with at least a 65 percent on-peak capacity factor in the month. The capacity factor is based upon
the qualifying facility's maximum metered capacity delivered to the utility during the on-peak hours
for the month.
Subp. 10. Governing body. Elk River Municipal Utilities Commission.
Subp. 11. Interconnection costs. "Interconnection costs" means the reasonable costs of connection,
switching, metering, transmission, distribution, safety provisions, and administrative costs incurred
by the utility that are directly related to installing and maintaining the physical facilities necessary to
permit interconnected operations with a qualifying facility. Costs are considered interconnection
costs only to the extent that they exceed the costs the utility would incur in selling electricity to the
qualifying facility as a nongenerating customer.
Subp. 12. Interruptible power. "Interruptible power" means electric energy or capacity supplied by
the utility to a qualifying facility subject to interruption under the provisions of the utility's tariff
applicable to the retail class of customers to which the qualifying facility would belong irrespective
of its ability to generate electricity.
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Subp. 13. Maintenance power. "Maintenance power" means electric energy or capacity supplied by
a utility during scheduled outages of the qualifying facility.
Subp. 14. On-peak hours. "On-peak hours" means either those hours formally designated by the
utility as on-peak for ratemaking purposes or those hours for which its typical loads are at least 85
percent of its average maximum monthly loads.
Subp. 15. Point of distributed energy resource (DER) connection. "Point of DER connection" means
the point where the qualifying facility's generation system, including the point of generator output,
is connected to the on of IEEE 1547.
Subp. 16. Purchase. "Purchase" means the purchase of electric energy or capacity or both from a
qualifying facility by the utility.
Subp. 17. Qualifying facility. "Qualifying facility" means a cogeneration or small power production
facility which satisfies the conditions established in Code of Federal Regulations, title 18, part 292.
The initial operation date or initial installation date of a cogeneration or small power production
facility must not prevent the facility from being considered a qualifying facility for the purposes of
this chapter if it otherwise satisfies all stated conditions. The qualifying facility must be owned by a
Customer and located in the utility service area.
Subp. 18. Sale. "Sale" means the sale of electric energy or capacity or both by the utility to a
qualifying facility.
Subp. 19a. Standby charge. "Standby charge" means the charge imposed by the utility upon a
qualifying facility for the recovery of costs for the provision of standby services necessary to make
electricity service available to the qualifying facility.
Subp. 19b. Standby service. "Standby service" means the service to potentially provide electric
energy or capacity supplied by the utility to a qualifying facility greater than 40 kW.
Subp. 20. Supplementary power. "Supplementary power" means electric energy or capacity
supplied by the utility which is regularly used by a qualifying facility in addition to that which the
facility generates itself.
Subp. 21. System emergency. "System emergency" means a condition on the utility's system which
is imminently likely to result in significant disruption of service to customers or to endanger life or
property.
Subp. 22. Utility. "Utility" means Elk River Municipal Utilities.
Part B. SCOPE AND PURPOSE
The purpose of these rules is to implement certain provisions of Minnesota Statutes,
§216B.164; the Public Utility Regulatory Policies Act of 1978, United States Code, title 16, §824a-3;
and the Federal Energy Regulatory Commission regulations, Code of Federal Regulations, title 18,
part 292. These rules shall be applied in accordance with their intent to give the maximum possible
encouragement to cogeneration and small power production consistent with protection of the
ratepayers and the public.
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Part C. FILING REQUIREMENTS
Annually the utility shall file for review and approval, a cogeneration and small power
production tariff with the governing body. The tariff must contain schedules 1 4.
SCHEDULE 1.
Schedule 1 shall contain the calculation of the average retail utility energy rates to be updated
annually.
SCHEDULE 2.
Schedule 2 shall contain all standard contracts to be used with qualifying facilities, containing
applicable terms and conditions.
SCHEDULE 3.
Schedule 3 shall contain the utility's adopted interconnection process, safety standards,
technical requirements for distributed energy resource systems, required operating procedures for
interconnected operations, and the functions to be performed by any control and protective
apparatus.
SCHEDULE 4.
Schedule 4 shall contain the estimated average incremental energy costs by seasonal, peak and
off-
Schedule 4 shall also contain the net annual avoided capacity costs, if any, stated per kilowatt-hour
and averaged over the on-
capacity purchases are first avoided. Both the average incremental energy costs and net annual
avoided capacity costs shall be increased by a factor equal to 50 percent of the utility and the
electric energy.
Part D. AVAILABILITY OF FILINGS
All filings shall be maintained at the utility's general office and any other offices of the utility
where rate tariffs are kept. The filings shall be made available for public inspection during normal
business hours. The utility sh
interconnection procedures and application form on the utility website, if practicable, or at the
utility office.
Part E. REPORTING REQUIREMENTS
Annually the utility shall report to the governing body for its review and approval an annual
report including information in subparts 1-3. The utility shall still comply with other federal and state
reporting of distributed generation to federal and state agencies expressly required by statute.
Subpart 1. Summary of average retail utility energy rate. A summary of the qualifying facilities that
are currently served under average retail utility energy rate.
Subp. 2. Other qualifying facilities. A summary of the qualifying facilities that are not currently
served under average retail utility energy rate.
Subp. 3. Wheeling. A summary of the wheeling undertaken with respect to qualifying facilities.
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Part F. CONDITIONS OF SERVICE
Subpart 1. Requirement to purchase. The utility shall purchase energy and capacity from any
qualifying facility which offers to sell energy and capacity to the utility and agrees to the conditions
in these rules.
Subp. 2. Written contract. A written contract shall be executed between the qualifying facility and
the utility.
Part G. ELECTRICAL CODE COMPLIANCE
Subpart 1. Compliance; standards. The interconnection between the qualifying facility and the
utility must comply with the requirements in the most recently published edition of the National
Electrical Safety Code issued by the Institute of Electrical and Electronics Engineers. The
interconnection is subject to subparts 2 and 3.
Subp. 2. Interconnection. The qualifying facility is responsible for complying with all applicable local,
state, and federal codes, including building codes, the National Electrical Code (NEC), the National
Electrical Safety Code (NESC), and noise and emissions standards. The utility shall require proof that
the qualifying facility is in compliance with the NEC before the interconnection is made. The
qualifying facility must obtain installation approval from an electrical inspector recognized by the
Minnesota State Board of Electricity.
Subp. 3. Generation system. The qualifying facility's generation system and installation must comply
with the American National Standards Institute/Institute of Electrical and Electronics Engineers
(ANSI/IEEE) standards applicable to the installation.
Part H. RESPONSIBILITY FOR APPARATUS
The qualifying facility, without cost to the utility, must furnish, install, operate, and maintain
in good order and repair any apparatus the qualifying facility needs in order to operate in
accordance with schedule 3.
Part I. TYPES OF POWER TO BE OFFERED; STANDBY SERVICE
Subpart 1. Service to be offered. The utility shall offer maintenance, interruptible, supplementary,
and backup power to the qualifying facility upon request.
Subp. 2. Standby service. The utility shall offer a qualifying facility standby power or service at the
Part J. DISCONTINUING SALES DURING EMERGENCY
The utility may discontinue sales to the qualifying facility during a system emergency, if the
discontinuance and recommencement of service is not discriminatory.
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Part K. RATES FOR UTILITY SALES TO A QUALIFYING FACILITY
Rates for sales to a qualifying facility are governed by the applicable tariff for the class of
electric utility customers to which the qualifying facility belongs or would belong were it not a
qualifying facility. Such rates are not guaranteed and may change from time to time at the discretion
of the utility.
Part L. STANDARD RATES FOR PURCHASES FROM QUALIFYING FACILITIES
Subpart 1. Qualifying facilities with 100-kilowatt capacity or less. For qualifying facilities with
capacity of 100 kilowatts or less, standard purchase rates apply. The utility shall make available four
types of standard rates, described in parts M, N, O, and P. The qualifying facility with a capacity of
100 kilowatts or less must choose interconnection under one of these rates, and must specify its
choice in the written contract required in part V. Any net credit to the qualifying facility must, at its
option, be credited to its account with the utility or returned by check or comparable electronic
payment service within 15 days of the billing date. The option chosen must be specified in the
written contract required in part V. Qualifying facilities remain responsible for any monthly service
charges and demand charges specified in the tariff under which they consume electricity from the
utility.
Subp. 2. Qualifying facilities over 100-kilowatt capacity. A qualifying facility with more than 100-
kilowatt capacity has the option to negotiate a contract with the utility or, if it commits to provide
firm power, be compensated under standard rates.
Part M. AVERAGE RETAIL UTILITY ENERGY RATE
Subpart 1. Applicability. The average retail utility energy rate is available only to customer-owned
qualifying facilities with capacity of less than 40 kilowatts which choose not to offer electric power
for sale on either a time-of-day basis, a simultaneous purchase and sale basis or roll-over credit
basis.
Subp. 2. Method of billing. The utility shall bill the qualifying facility for the excess of energy
supplied by the utility above energy supplied by the qualifying facility during each billing period
according to the utility's applicable retail rate schedule.
Subp. 3. Additional calculations for billing. When the energy generated by the qualifying facility
exceeds that supplied by the utility to the customer at the same site during the same billing period,
the utility shall compensate the qualifying facility for the excess energy at the average retail utility
energy rate.
Part N. SIMULTANEOUS PURCHASE AND SALE BILLING RATE
Subpart 1. Applicability. The simultaneous purchase and sale rate is available only to qualifying
facilities with capacity of less than 40 kilowatts which choose not to offer electric power for sale on
average retail utility energy rate basis, time-of-day basis or roll- over credit basis.
Subp. 2. Method of billing. The qualifying facility must be billed for all energy and capacity it
consumes during a billing period according to the utility's applicable retail rate schedule.
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Subp. 3. Compensation to qualifying facility; energy purchase. The utility shall purchase all energy
which is made available to it by the qualifying facility. At the option of the qualifying facility, its
entire generation must be deemed to be made available to the utility. Compensation to the
qualifying facility must be the energy rate shown on schedule 4.
Subp. 4. Compensation to qualifying facility; capacity purchase. If the qualifying facility provides
firm power to the utility, the capacity component must be the s net annual avoided capacity
cost per kilowatt-hour averaged over all hours shown on schedule 4, divided by the number of hours
in the billing period. If the qualifying facility does not provide firm power to the utility, no capacity
component may be included in the compensation paid to the qualifying facility.
Part O. TIME-OF-DAY PURCHASE RATES
Subpart 1. Applicability. Time-of-day rates are required for qualifying facilities with capacity of 40
kilowatts or more and less than or equal to 100 kilowatts, and they are optional for qualifying
facilities with capacity less than 40 kilowatts. Time-of-day rates are also optional for qualifying
facilities with capacity greater than 100 kilowatts if these qualifying facilities provide firm power.
Subp. 2. Method of billing. The qualifying facility must be billed for all energy and capacity it
consumes during each billing period according to the utility's applicable retail rate schedule.
Subp. 3. Compensation to qualifying facility; energy purchases. The utility shall purchase all energy
which is made available to it by the qualifying facility. Compensation to the qualifying facility must
be the energy rate shown on schedule 4.
Subp. 4. Compensation to qualifying facility; capacity purchases. If the qualifying facility provides
firm power to the utility, the capacity component must be the capacity cost per kilowatt shown on
schedule 4 divided by the number of on-peak hours in the billing period. The capacity component
applies only to deliveries during on-peak hours. If the qualifying facility does not provide firm power
to the utility, no capacity component may be included in the compensation paid to the qualifying
facility.
Part P. ROLL-OVER CREDIT PURCHASE RATES
Subpart 1. Applicability. The roll-over credit rate is available only to qualifying facilities with capacity
of less than 40 kilowatts which choose not to offer electric power for sale on average retail utility
energy rate basis, time-of-day basis or simultaneous purchase and sale basis.
Subp. 2. Method of billing. The utility shall bill the qualifying facility for the excess of energy
supplied by the utility above energy supplied by the qualifying facility during each billing period
according to the utility
Subp. 3. Additional calculations for billing. When the energy generated by the qualifying facility
exceeds that supplied by the utility during a billing period, the utility shall apply the excess kilowatt
hours as a credit to the next billing period kilowatt hour usage. Excess kilowatt hours that are not
offset in the next billing period shall continue to be rolled over to the next consecutive billing period.
Any excess kilowatt hours rolled over that are remaining at the end of each calendar year shall
cancel with no additional compensation.
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Part Q. CONTRACTS NEGOTIATED BY CUSTOMER
A qualifying facility with capacity greater than 100 kilowatts must negotiate a contract with the
utility setting the applicable rates for payments to the customer of avoided capacity and energy
costs.
Subpart 1. Amount of capacity payments. The qualifying facility which negotiates a contract under
part Q must be entitled to the full avoided capacity costs of the
the Minnesota Municipal Power Agency. The amount of capacity payments will be determined by
Subp. 2. Full avoided energy costs. The qualifying facility which negotiates a contract under part Q
must be entitled to the full avoided energy costs of the
Minnesota Municipal Power Agency. The costs must be adjusted as appropriate to reflect line losses.
Part R. WHEELING
Qualifying facilities with capacity of 30 kilowatts or greater, are interconnected to the util
distribution system and choose to sell the output of the qualifying facility to any other utility, must
pay any appropriate wheeling charges to the utility. Within 15 days of receiving payment from the
utility ultimately receiving the qualifying faci
the payment less the charges it has incurred and its own reasonable wheeling costs.
Part S. NOTIFICATION TO CUSTOMERS
Subpart 1. Contents of written notice. Following each annual review and approval by the utility of
the cogeneration rate tariffs the utility shall furnish in the monthly newsletter or similar mailing,
written notice to each of its customers that the utility is obligated to interconnect with and purchase
electricity from cogenerators and small power producers.
Subp. 2. Availability of information. The utility shall make available to all interested persons upon
request, the interconnection process and requirements adopted by the utility, pertinent rate
schedules and sample contractual agreements.
Part T. DISPUTE RESOLUTION
In case of a dispute between a utility and a qualifying facility or an impasse in the negotiations
between them, either party may request the governing body to determine the issue.
Part U. INTERCONNECTION CONTRACTS
Subpart 1. Interconnection standards. The utility shall provide a customer applying for
and requirements.
Subp. 2. Existing contracts. Any existing interconnection contract executed between the utility and a
qualifying facility with capacity of less than 40 kilowatts remains in force until terminated by mutual
agreement of the parties or as otherwise specified in the contract. The governing body has assumed
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all dispute responsibilities as listed in existing interconnection contracts. Disputes are resolved in
accordance with Part T.
Subp. 3. Renewable energy credits; ownership. Generators own all renewable energy credits unless
other ownership is expressly provided for by a contract between a generator and the utility.
Part V. UNIFORM CONTRACT
The form for uniform contract that shall be used between the utility and a qualifying facility
having less than 40 kilowatts of capacity is as shown in subpart 1.
Subpart 1. Uniform Contract for Cogeneration and Small Power Production Facilities. (See attached
contract form.)
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UNIFORM CONTRACT FOR COGENERATION AND
SMALL POWER PRODUCTION FACILITIES
THIS CONTRACT is entered into ___________________, ___, by _______________
_____________________, a municipal utility under Minnesota law, (hereafter called
"Utility") and ________________________________________ (hereafter called "QF").
RECITALS
The QF has installed electric generating facilities, consisting of ___________________
_____________________________ (Description of facilities), rated at ____kilowatts AC
of electricity, on property located at _________________________________________
_____________________________________________________________________.
The QF is a customer of the Utility located within the assigned electric service territory of
the Utility.
The QF is prepared to generate electricity in parallel with the Utility.
The QF's electric generating facilities meet the requirements of the rules adopted by the
Utility on Cogeneration and Small Power Production and any technical standards for
interconnection the Utility has established that are authorized by those rules.
The Utility is obligated under federal and Minnesota law to interconnect with the QF and to
purchase electricity offered for sale by the QF.
A contract between the QF and the Utility is required.
AGREEMENTS
The QF and the Utility agree:
1.The Utility will sell electricity to the QF under the rate schedule in force for the class
of customer to which the QF belongs.
2.The Utility will buy electricity from the QF under the current rate schedule filed with
the city council or city-appointed governing body of the utility. The QF elects the
rate schedule category hereinafter indicated:
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____ a. Average retail utility energy rate.
QF capacity must be less than 40 kW.
____ b. Simultaneous purchase and sale billing rate.
QF capacity must be less than 40 kW.
____ c. Roll-over credits.
QF capacity must be less than 40 kW.
____ d.Time-of-day purchase rates.
QF capacity must be 40 kW or more and less than or equal to 100 kW.
A copy of the presently approved rate schedule is attached to this contract.
3.The rates for sales and purchases of electricity may change over the time this
contract is in force, due to actions of the Utility or the State of Minnesota, and the
QF and the Utility agree that sales and purchases will be made under the rates in
effect each month during the time this contract is in force.
4.The Utility will compute the charges and payments for purchases and sales for
each billing period. Any net credit to the QF, other than kilowatt-hour credits under
clause 2(c), will be made under one of the followingoptions as chosen by the QF.
____ a. Credit to the QF's account with the Utility.
____ b. Paid by check or electronic payment service to the QF within fifteen (15)
days of the billing date.
5.Renewable energy credits associated with generation from the facility are owned
by:
________________________________________________________________.
6.The QF must operate its electric generating facilities within any rules, regulations,
and policies adopted by the Utility not prohibited by the rules governing
reasonable technical connection and operating specifications for the QF and are
and Small Power Production, as required under Minnesota Statutes §216B.164,
subdivision 9.
7.The QF will not enter into an arrangement whereby electricity from the generating
provide electric service in its service area under Minnesota Statutes, §216B.37-44.
86
8.The QF will operateits electric generating facilities so that they conform to the
national, state, and local electric and safety codes, and will be responsible for the
costs of conformance.
9.The QF is responsible for the actual, reasonable costs of interconnection which are
estimated to be $___________. The QF will pay the Utility in this way:
__________________________________________________________________
_________________________________________________________________.
10.The QF will give the Utility reasonable access to its property and electric generating
facilities if the configuration of those facilities does not permit disconnection or
testing from the Utility 's side of the interconnection. If the Utility enters the QF's
property, the Utility will remain responsible for its personnel.
11.The Utility may stop providing electricity to the QF during a system emergency. The
Utility will not discriminate against the QF when it stops providing electricity or
when it resumes providing electricity.
12.The Utility may stop purchasing electricity from the QF when necessary for the
Utility to construct, install, maintain, repair, replace, remove, investigate, or inspect
any equipment or facilities within its electric system. The Utility may stop
purchasing electricity from the QF in the event the generating facilities listed in this
contract are documented to be causing power quality, safety or reliability issues to
The Utility will notify the QF before it stops purchasing electricity in this way:
_______________________________________________________________________
______________________________________________________________________.
13.The QF will keep in force general liability insurance against personal or property
damage due to the installation, interconnection, and operation of its electric
generating facilities. The amount of insurance coverage will be $ ____________.
(The amount must be consistent with the distributed generation tariff adopted by
the Utility pursuant to Minnesota Statutes §216B.1611, subdivision 3, clause 2.)
14.The QF and the Utility agree to attempt to resolve all disputes arising hereunder
promptly and in a good faith manner.
15.The city council or city-appointed body governing the Utility has authority to
consider and determine disputes, if any, that arise under this contract in
accordance with procedures in the rules it adopts implementing Minnesota Statute
§216B.164, pursuant to §216B.164, subdivision 9.
87
16.This contract becomes effective as soon as it is signed by the QF and the Utility.
This contract will remain in force until either the QF or the Utility gives written notice
to the other that the contract is canceled. This contract will be canceled thirty (30)
days after notice is given.I f the listed electric generating facilities are not
contract being signed by the QF and the Utility, the contract terminates. The QF
and the Utility may delay termination by mutual agreement.
17.Neitherthe QF nor the Utility will be considered in default as to any obligation if the
QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor
disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood,
explosion, breakage or accident to machinery or equipment, an order, regulation or
restriction imposed by governmental, military or lawfully established civilian
Utility.However, the QF or
Utility whose performance under this contract is hindered by such an event shall
make all reasonable efforts to perform its obligations.
18.This contract can only be amended or modified by mutual agreement in writing
signed by the QF and the Utility.
19.The QF must notify the Utility prior to any change in the electric generating
process adopted by the Utility.
20.Termination of this contract is allowed (i) by the QF at any time without restriction;
(ii) by Mutual Agreement between the Utilityand the QF; (iii) upon abandonment or
removal of electric generating facilities by the QF; (iv) by the Utility if the electric
generating facilities are continuously non-operational for any twelve (12)
consecutive month period; (v) by the Utilityif the QF fails to comply with applicable
interconnection design requirements or fails to remedy a violation of the
interconnection process; or (vi) by the Utility upon breach of this contract by the QF
unless cured with notice of cure received by the Utility prior to termination.
21.In the event this contract is terminated, the Utility shall have the rights to disconnect
its facilities or direct the QF to disconnect its generating facilities.
22.This contract shall continue in effect after termination to the extent necessary to
allow either the Utility or the QF to fulfill rights or obligations that arose under the
contract.
23.Transfer of ownership of the generating facilities shall require the new owners and
the Utility to execute a new contract. Upon the execution of a new contract with the
new owners this contract shall be terminated.
88
24.The QF and the Utility shall at all times indemnify, defend, and save each other
harmless from any and all damages, losses, claims, including claims and actions
relating to injury or death of any person or damage to property, costs and
obligations under this contract,
except to the extent that such damages, losses or claims were caused by the
negligence or intentional acts of the QF or the Utility.
25.The Utilityand the QF will each be responsible for its own acts or omissions and
the results thereof to the extent authorized by law and shall not be responsible for
the acts or omissions of any others and the results thereof.
26.
under this contract shallbe limited to the amount of direct damage actually
occurred. In no event, shall the QF or the Utility be liable to each other for any
punitive, incidental, indirect, special, or consequential damages of any kind
whatsoever, including for loss of business opportunity or profits, regardless of
whether such damages were foreseen.
27.The Utility does not give any warranty, expressed or implied, to the adequacy,
28.This contract contains all the agreements made between the QF and the Utility.
The QF and Utility are not responsible other than those stated in this contract.
THE QF AND THE UTILITY HAVE READ THIS CONTRACT AND AGREE TO BE
BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH
SIGNED THIS CONTRACT BELOW ON THE DATE LISTED BY SIGNER.
QF
By:________________________________
PrintedName:_______________________
DATE: _____________________________
UTILITY
By: ________________________________
PrintedName:_______________________
DATE: _____________________________
Contract Version:February 2019
89
CONGENERATION AND SMALL POWER PRODUCTION TARIFF
9͵ЊЋĬ /ƚŭĻƓĻƩğƷźƚƓ ğƓķ {ƒğƌƌ tƚǞĻƩ tƩƚķǒĭƷźƚƓ ğƩźŅŅ
Pursuant to its Rules Governing the Interconnection of Cogeneration and Small Power
Production Facilities, Elk River Municipal Utilities ĻƭƷğĬƌźƭŷĻƭ ğƓķΉƚƩ ǒƦķğƷĻƭ źƷƭ
Cogeneration and Small Power Production Tariff for billing and sales transactions
following the date of Tariff approval as follows. The Tariff shall consist of:
{/I95
\[9 Њ͵
Calculation of average retail utility energy rates.
{/I95
\[9 Ћ͵
Standard contracts to be used with qualifying facilities, containing applicable terms and
conditions.
{/I95
\[9 Ќ͵
Adopted interconnection process, safety standards, and technical requirements for distributed
energy resource systems, required operating procedures for interconnected operations, and
the functions to be performed by any control and protective apparatus.
{/I95
\[9 Ѝ͵
Estimated average incremental energy costs by seasonal, peak and off-peak periods and annual
avoided capacity costs from the uti
90
SCHEDULE 1 - AVERAGE RETAIL UTILITY ENERGY RATE
Average Retail Utility Energy Rate: Available to any Qualifying Facility of less than 40 kW
capacity that does not select either Roll Over Credits, Simultaneous Purchase and Sale Billing or
Time of Day rates.
Utility shall bill Qualifying Facilities for any excess of energy supplied by Utility above energy
supplied by the Qualifying Facility during each billing period according to Utility applicable
rate schedule. Utility shall pay the customer for the energy generated by the Qualifying Facility
that exceeds that supplied by Utility
of the total annual class revenue from sales of electricity minus the annual revenue resulting
from fixed charges, divided by the annual class kilowatt-hour sales. Data from the most recent
12-month period available shall be used in the computation.
A
Customer Class Average Retail
Utility Energy Rate
Residential $0.1281 /kWh
Commercial Non-Demand $0.1143 /kWh
Commercial Demand $0.0629 /kWh
91
SCHEDULE 2 - STANDARD CONTRACTS
ABSTRACT
Interconnection agreement for net energy billing DER
systems or DER systems up to 100 kW that are
compensated at avoided cost.
Minnesota Municipal Power Agency 5 kW Hometown Solar
Shakopee, MN
UNIFORM
CONTRACT
92
SCHEDULE 2 - STANDARD CONTRACTS
UNIFORM CONTRACTFOR COGENERATION AND SMALL POWER
PRODUCTION FACILITIES
THIS CONTRACT is entered into ___________________, ___, by _______________
_____________________, a municipal utility under Minnesota law,(hereafter called
"Utility") and ________________________________________(hereafter called "QF").
RECITALS
The QF has installed electric generating facilities, consisting of ___________________
_____________________________(Description of facilities), rated at ____kilowattsAC
of electricity, on property located at_________________________________________
_____________________________________________________________________.
The QF is a customer of the Utility located within the assigned electric service territory of
the Utility.
The QF is prepared to generate electricity in parallel with the Utility.
The QF's electric generating facilities meet the requirements of the rulesadopted by the
Utilityon Cogeneration and Small Power Production and any technical standards for
interconnection the Utilityhas established that are authorized by those rules.
The Utilityis obligated under federal and Minnesota law to interconnect with the QF and to
purchase electricity offered for sale by the QF.
A contract between the QF and theUtilityis required.
AGREEMENTS
The QF and the Utilityagree:
1.The Utilitywill sell electricity to the QF under the rate schedule in force for the class
of customer to which the QF belongs.
2.The Utilitywill buy electricity from the QF under thecurrent rate schedule filed with
the city council or city-appointed governing body of the utility.The QF elects the
rate schedule category hereinafter indicated:
____ a. Average retail utilityenergy rate.
QF capacity must be less than 40 kW.
1
93
SCHEDULE 2 - STANDARD CONTRACTS
____ b. Simultaneouspurchase and sale billing rate.
QF capacity must be less than 40 kW.
____ c. Roll-over credits.
QF capacity must be less than 40 kW.
____ d. Time-of-day purchase rates.
QF capacity must be 40 kW or more and less than or equal to 100 kW.
A copy of the presently approved rate schedule is attached to this contract.
3.The rates for sales and purchases of electricity may change over the time this
contract is in force, due to actions of the Utility or the State of Minnesota, and the
QF and the Utilityagree that sales and purchases will be made under the rates in
effect each month during the time this contract is in force.
4.The Utilitywill compute the charges and payments for purchases and sales for
each billing period. Any net credit to the QF, other than kilowatt-hour credits under
clause 2(c), will be made under one of the following options as chosen by the QF.
____ a. Credit to the QF's account with the Utility.
____ b. Paid by check or electronic payment service to the QF within fifteen (15)
days of the billing date.
5.Renewable energy credits associated with generation from the facility are owned
by:
________________________________________________________________.
6.The QF must operate its electric generating facilities within any rules, regulations,
and policies adopted by the Utility not prohibited by the rules governing
Cogeneration and Small Power Production
reasonable technical connection and operating specifications for the QF and are
and Small Power Production, as required under MinnesotaStatutes §216B.164,
subdivision 9.
7.The QF will not enter into an arrangement whereby electricity from the generating
provide electric service in its service area under Minnesota Statutes, §216B.37-44.
8.The QF will operate its electric generating facilities so that they conform to the
national, state, and local electric and safety codes, and will be responsible for the
costs of conformance.
2
94
SCHEDULE 2 - STANDARD CONTRACTS
9.The QF is responsible for the actual, reasonable costs of interconnection which are
estimated to be $___________. The QF will pay the Utilityin this way:
__________________________________________________________________
_________________________________________________________________.
10.The QF will give the Utilityreasonable access to its property and electricgenerating
facilities if the configuration of those facilities does not permit disconnection or
testing from the Utility 's side of the interconnection. If the Utilityenters the QF's
property, the Utilitywill remain responsible for its personnel.
11.The Utilitymay stop providing electricity to the QF during a system emergency. The
Utilitywill not discriminate against the QF when it stops providing electricity or
when it resumes providing electricity.
12.The Utilitymay stop purchasing electricity from the QF when necessary for the
Utilityto construct, install, maintain, repair, replace, remove, investigate, or inspect
any equipment or facilities within its electric system. The Utilitymay stop
purchasing electricity from the QF in the event the generating facilities listed in this
contract are documented to be causing power quality, safety or reliability issues to
the Utility
The Utilitywill notify the QF before it stops purchasing electricity in this way:
__________________________________________________________________
_________________________________________________________________.
13.The QF will keep in force general liability insuranceagainst personal or property
damage due to the installation, interconnection, and operation of its electric
generating facilities. The amount of insurance coverage will be $ ____________.
(The amount must be consistent with the distributed generation tariffadopted by
the Utility pursuant to Minnesota Statutes §216B.1611, subdivision 3, clause 2.)
14.The QF and the Utilityagree to attempt to resolve all disputes arising hereunder
promptlyand in a good faith manner.
15.The city council or city-appointed body governing the Utility has authority to
consider and determine disputes, if any, that arise under this contract in
accordance with procedures in the rules it adopts implementing Minnesota Statute
§216B.164,pursuant to §216B.164, subdivision 9.
16.This contract becomes effective as soon as it is signed by the QF and the Utility.
This contract will remain in force until either the QF or the Utilitygives written notice
to the other that the contract is canceled.This contract will be canceled thirty (30)
days after notice is given.I f the listed electric generating facilities are not
3
95
SCHEDULE 2 - STANDARD CONTRACTS
interconnected to the s distribution system within twelve months of the
contract being signed by the QF and the Utility,the contract terminates. The QF
and the Utilitymay delay termination by mutual agreement.
17.Neither the QF nor the Utility will be considered in default as to any obligation if the
QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor
disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood,
explosion, breakage or accident to machinery or equipment, an order, regulation or
restriction imposed by governmental, military or lawfully established civilian
Utility. However, the QF or
Utility whose performance under this contract is hindered by such an event shall
make all reasonable efforts to perform its obligations.
18.This contract can only be amended or modified by mutual agreement in writing
signed by the QF and the Utility.
19.The QF must notify the Utilityprior to any change in the electric generating
according to the interconnection
processadopted by the Utility.
20.Termination of this contract is allowed (i) by the QF at any time without restriction;
(ii) by Mutual Agreement between the Utilityand the QF; (iii) upon abandonment or
removal of electric generating facilities by the QF; (iv) bythe Utility if the electric
generating facilities are continuously non-operational for any twelve (12)
consecutive month period; (v) by the Utilityif the QF fails to comply with applicable
interconnection design requirements or fails to remedy a violation of the
interconnection process; or (vi) by the Utility upon breach of this contract by the QF
unless cured with notice of cure received by the Utility prior to termination.
21.In the event this contract is terminated, the Utility shall have the rights to disconnect
its facilities or direct the QF to disconnect its generating facilities.
22.This contract shall continue in effect after termination to the extent necessary to
allow either the Utility or the QF to fulfill rights or obligations that arose under the
contract.
23.Transfer of ownership of the generating facilities shall require the new owners and
the Utility to execute a new contract. Upon the execution of a new contract with the
new owners this contract shall be terminated.
24.The QF and the Utilityshall at all times indemnify, defend, and save each other
harmless from any and all damages, losses, claims, including claims and actions
relating to injury or death of any person or damage to property, costs and
court costs, arising out of or resulting
Utilitycontract,
4
96
SCHEDULE 2 - STANDARD CONTRACTS
except to the extent that such damages, losses or claims were caused by the
negligence or intentional acts of the QF or the Utility.
25.The Utilityand the QF will each be responsible for its own acts or omissions and
the results thereof to the extent authorized by law and shall not be responsible for
the acts or omissions of any others and the results thereof.
26.Utility
under this contract shall be limited to the amount of direct damage actually
occurred. In no event, shall the QF or the Utilitybe liable to each other for any
punitive, incidental, indirect, special, or consequential damages of any kind
whatsoever, including for loss of business opportunity or profits, regardless of
whether such damages were foreseen.
27.TheUtility does not give any warranty, expressed or implied, to the adequacy,
safety, or
28.This contract contains all the agreements made between the QF and the Utility.
The QF and Utility are not responsible other than those stated in this contract.
THE QF AND THE UTILITYHAVE READ THISCONTRACT AND AGREE TO BE
BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH
SIGNED THIS CONTRACT BELOW ON THE DATE LISTED BY SIGNER.
QF
By:________________________________
PrintedName:_______________________
DATE: _____________________________
UTILITY
By: ________________________________
PrintedName:_______________________
DATE: _____________________________
Contract Version:February2019
5
97
SCHEDULE 2 - STANDARD CONTRACTS
ABSTRACT
For use in lieu of
Buffalo, MN
INTERCONNECTION
AGREEMENT
98
SCHEDULE 2 - STANDARD CONTRACTS
Contents
i. Contact Information .......................................................................................................................... 1
1 Scope and Limitations of Agreement ................................................................................... 2
2 Responsibilities of the Parties .............................................................................................. 3
3 Parallel Operation Obligations ............................................................................................. 4
4 Metering ............................................................................................................................... 4
5 Distributed Energy Resource Capabilities and Grid Reliability ............................................ 4
6 Equipment Testing and Inspection ....................................................................................... 5
7 Authorization Required Prior to Parallel Operation ............................................................. 5
8 Right of Access ...................................................................................................................... 5
9 Effective Date ....................................................................................................................... 6
10 Term of Agreement .............................................................................................................. 6
11 Termination .......................................................................................................................... 6
12 Temporary Disconnection .................................................................................................... 6
13 Cost Responsibility for Interconnection Facilities and Distribution Upgrades .................... 8
14 Cost Responsibility for Network Upgrades .......................................................................... 9
15 Billing, Payment, Milestones, and Financial Security ......................................................... 11
16 Assignment, Force Majeure, Consequential Damages, and Default.................................. 12
17 Limitations of Liability ........................................................................................................ 12
18 Non-Warranty ..................................................................................................................... 13
19 Indemnity ........................................................................................................................... 13
20 Consequential Damages ..................................................................................................... 14
21 Force Majeure .................................................................................................................... 14
22 Default ................................................................................................................................ 15
23 Insurance ............................................................................................................................ 15
24 Confidentiality .................................................................................................................... 16
25 Disputes .............................................................................................................................. 17
26 Taxes ................................................................................................................................... 17
27 Miscellaneous ..................................................................................................................... 17
28 Notices ................................................................................................................................ 20
i
99
SCHEDULE 2 - STANDARD CONTRACTS
31 Signatures ........................................................................................................................... 24
Attachment I: Glossary of Terms ............................................................................................... 25
Attachment II: Description and Costs of the Distributed Energy Resource, Interconnection
Facilities, and Metering Equipment........................................................................................... 31
Attachment III: One-line Diagram Depicting the Distributed Energy Resource, Interconnection
Facilities, and Metering Equipment, and Upgrades .................................................................. 32
Attachment IV: Milestones ........................................................................................................ 33
Attachment V: Additional Operating and Maintenance Requirements for the Area EPS
...................................................................................................................... 35
Good Faith Estimates of Upgrade Costs .................................................................................... 36
Attachment VII: Assignment of Interconnection Agreement ................................................... 37
ii
100
SCHEDULE 2 - STANDARD CONTRACTS
i.Contact Information
Contact information for each Party is listed below along with the basic information describing
the Distributed Energy Resource (DER) system.
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
DER System Information
Application Number:
Type of DER System:
Capacity Rating of System (AC):
Limited Capacity Rating (AC):
Address of DER System:
Municipal Minnesota Interconnection Agreement _ January 2019 1
101
SCHEDULE 2 - STANDARD CONTRACTS
THIS AGREEMENT is made and entered into this _____day of______________ 20___ by and
municipal utility
existing u
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
1Scope and Limitations of Agreement
1.1.This Agreement is intended to provide for the Interconnection Customer to
interconnect at the Point of Common Coupling and operate a Distributed Energy
Resource with a Nameplate Rating of 10 Megawatts (MW) or less in parallel with the
Area EPS at the location identified above and in the Interconnection Application.
1.2.This Agreement shall be used for all Interconnection Applications submitted under
the Municipal Minnesota Distributed Energy Resources Interconnection Process (M-
MIP) except for those Interconnection Applications that qualify and choose for the
Uniform Contract to replace the need for this Agreement.
1.3.This Agreement governs the terms and conditions under which the Interconnection
stributed Energy Resource will interconnect with, and operate in
1.4.Capitalized terms used herein shall have the meanings specified in the Glossary of
Terms in Attachment 1, the M-MIP, or the body of this Agreement.
1.5.This Agreement does not constitute an agreement to purchase or deliver the
services that the Interconnection Customer may require will be covered under
separate agreements, if any. The Interconnection Customer will be responsible for
separately making all necessary arrangements (including scheduling) for delivery of
electricity with the applicable Area EPS Operator.
1.6.Nothing in this Agreement is intended to affect any other agreement between the
Area EPS Operator and the Interconnection Customer.
Municipal Minnesota Interconnection Agreement _ January 2019 2
102
SCHEDULE 2 - STANDARD CONTRACTS
2Responsibilities of the Parties
2.1.The Parties shall perform all obligations of this Agreement in accordance with the M-
MIP, Minnesota Technical Requirements, all Applicable Laws and Regulations,
Operating Requirements, and Good Utility Practice.
2.2.The Interconnection Customer shall construct, interconnect, operate and maintain
its Distributed Energy Resource and construct, operate, and maintain its
Interconnection F
recommended maintenance schedule and, in accordance with this Agreement, and
with Good Utility Practice.
2.3.The Area EPS Operator shall construct, operate, and maintain its Distribution System
and its Interconnection Facilities in accordance with this Agreement, and with Good
Utility Practice.
2.4.The Interconnection Customer agrees to construct its facilities or systems in
accordance with the Minnesota Technical Requirements and this Agreement;
including, applicable specifications that meet or exceed those provided by the
National Electrical Safety Code, the American National Standards Institute, Institute
of Electrical and Electronics Engineers (IEEE) (UL), and
Operating Requirements in effect at the time of construction and other applicable
national and state codes and standards. The Interconnection Customer agrees to
design, install, maintain, and operate its Distributed Energy Resource so as to
reasonably minimize the likelihood of a disturbance adversely affecting or impairing
the system or equipment of the Area EPS Operator and any Affected Systems.
2.5.Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible
for the facilities that it now owns or subsequently owns unless otherwise specified in
the Attachments to this Agreement. Each Party shall be responsible for the safe
installation, maintenance, repair and condition of their respective lines and
appurtenances on their respective sides of the point of common coupling. The Area
EPS Operator and the Interconnection Customer, as appropriate, shall provide
Distribution System, personnel, and other persons from damage and injury. The
allocation of responsibility for the design, installation, operation, maintenance and
ownership of Interconnection Facilities shall be delineated in the Attachments to
this Agreement.
2.6.The Area EPS Operator shall coordinate with all Affected Systems to support the
interconnection.
Municipal Minnesota Interconnection Agreement _ January 2019 3
103
SCHEDULE 2 - STANDARD CONTRACTS
3Parallel Operation Obligations
3.1.Once the Distributed Energy Resource has been authorized to commence parallel
operation, the Interconnection Customer shall abide by all rules and procedures
pertaining to the parallel operation of the Distributed Energy Resource in the
applicable control area, including, but not limited to; 1) the rules and procedures
concerning the operation of generation set forth by the applicable system
bution System provided or referenced
in an attachment to this Agreement and; 2) the Operating Requirements set forth in
Attachment 5 of this Agreement. The Minnesota Technical Requirements for
interconnection are covered in a separate document, a copy of which has been
made available to the Interconnection Customer and incorporated and made part of
this Agreement by this reference.
4Metering
4.1.As described in M-MIP Overview Process Section 9.1, the Interconnection Customer
shall be responsible for the Area EP
the purchase, installation, operation, maintenance, testing, repair, and replacement
of metering and data acquisition equipment specified in Attachments 2 and 3 of this
s metering (and data acquisition, as
required) equipment shall conform to applicable industry rules and Operating
Requirements.
5Distributed Energy Resource Capabilities and Grid Reliability
5.1.The Minnesota Technical Requirements outlines the Parties responsibilities
consistent with IEEE 1547 Standard for Interconnection and Interoperability of
Distributed Energy Resources with Associated Electric Power Systems Interfaces
which provides requirements relevant to the interconnection and interoperability
performance, operation and testing, and, to safety, maintenance and security
considerations.
5.2.The Area EPS Operator may offer the Interconnection Customer the option to utilize
required DER capabilities to mitigate Interconnection Customer costs related to
Upgrades or Interconnection Facilities to address anticipated system impacts from
the engineering review (i.e. Initial Review, Supplemental Review, or Study Process
described in the M-MIP.)
Municipal Minnesota Interconnection Agreement _ January 2019 4
104
SCHEDULE 2 - STANDARD CONTRACTS
6Equipment Testing and Inspection
6.1.As described in M-MIP Overview Process Section 9.3, the Interconnection Customer
shall test and inspect its Distributed Energy Resource and Interconnection Facilities
prior to interconnection pursuant to Minnesota Technical Requirements and this
Agreement.
7Authorization Required Prior to Parallel Operation
7.1.As described in M-MIP Overview Process Section 9.5, the Area EPS Operator shall
use Reasonable Efforts to list applicable parallel operation requirements by
attaching the Minnesota Technical Requirements and/or including them in
Attachment 5 to this Agreement. Additionally, the Area EPS Operator shall notify the
Interconnection Customer of any changes to these requirements as soon as they are
known. Pursuant to the M-MIP Overview Process Section 8.5, the Interconnection
Customer shall not operate its Distributed Energy Resource in parallel with the Area
EPS Operator.
8Right of Access
8.1.Upon reasonable notice, the Area EPS Operator may send a qualified person to the
premises of the Interconnection Customer at or immediately before the time the
Distributed Energy Resource first produces energy to inspect the interconnection,
and observe the commissioning of the Distributed Energy Resource (including any
required testing), startup, and operation for a period of up to three (3) Business
Days after initial start-up of the unit. In addition, the Interconnection Customer shall
notify the Area EPS Operator at least five (5) Business Days prior to conducting any
on-site verification testing of the Distributed Energy Resource.
8.2.Following the initial inspection process described above, at reasonable hours, and
upon reasonable notice, or at any time without notice in the event of an emergency
or hazardous condition, the Area EPS Operator shall have access to the
the performance of the obligations imposed on it by this Agreement or if necessary
to meet its legal obligation to provide service to its customers.
8.3.Each Party shall be responsible for its costs associated with the interconnection of
the DER system as outlined in M-MIP Overview Process Section 9.3 and the
Minnesota Technical Requirements.
Municipal Minnesota Interconnection Agreement _ January 2019 5
105
SCHEDULE 2 - STANDARD CONTRACTS
9Effective Date
9.1This Agreement shall become effective upon execution by the Parties.
10Term of Agreement
10.1.This Agreement shall become effective on the Effective Date and shall remain in
effect from the Effective Date unless terminated earlier in accordance with Section
11 of this Agreement.
11Termination
11.1.No termination shall become effective until the Parties have complied with all
Applicable Laws and Regulations applicable to such termination.
11.2.The Interconnection Customer may terminate this Agreement at any time by giving
the Area EPS Operator twenty (20) Business Days written notice.
11.3.The Area EPS Operator may terminate this Agreement if the listed electric
system within thirty-six (36) months of this Agreement signed by the Parties. The
Parties may choose to delay termination by mutual agreement.
11.4.Either Party may terminate this Agreement after Default pursuant to Section 3.
11.5.Upon termination of this Agreement, the Distributed Energy Resource will be
effectuate such disconnection shall be borne by the terminating Party, unless such
termination resulted from the non-Agreement or
such non-terminating Party otherwise is responsible for these costs under this
Agreement.
11.6.The termination of this Agreement shall not relieve either Party of its liabilities and
obligations, owed or continuing at the time of the termination.
11.7.The provisions of this article shall survive termination or expiration of this
Agreement.
12Temporary Disconnection
12.1.Temporary disconnection shall continue only for so long as reasonably necessary
under Good Utility Practice.
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12.2.Emergency Conditions. Under emergency conditions, the Area EPS Operator may
immediately suspend interconnection service and temporarily disconnect the
Distributed Energy Resource. The Area EPS Operator shall use Reasonable Efforts to
notify the Interconnection Customer promptly when it becomes aware of an
Emergency Condition that may reasonably be expected to affect the Interconnection
Customer shall use Reasonable Efforts to notify the Area EPS Operator promptly
when it becomes aware of an Emergency Condition that may reasonably be expected
extent information is known, the notification shall describe the Emergency Condition,
the extent of the damage or deficiency, the expected effect on the operation of both
corrective action.
12.3.Temporary Interruption. The Area EPS Operator may interrupt interconnection
service or curtail the output of the Distributed Energy Resource and temporarily
Distribution System when necessary for routine maintenance, construction, or repairs
Reasonable Efforts to provide the Interconnection Customer with three (3) Business
prior to such interruption. The Area EPS Operator shall use Reasonable
Efforts to coordinate such reduction or temporary disconnection with the
Interconnection Customer.
12.4.Forced Outage. During any forced outage, the Area EPS Operator may suspend
interconnection service to effect immediate repair
Distribution System. The Area EPS Operator shall use Reasonable Efforts to provide
the Interconnection Customer with prior notice. If prior notice is not given, the Area
EPS Operator shall, upon request, provide the Interconnection Customer written
documentation after the fact explaining the circumstances of the disconnection.
12.5.Adverse Operating Effects. The Area EPS Operator shall notify the Interconnection
Customer as soon as practicable if, based on Good Utility Practice, operation of the
Distributed Energy Resource may cause disruption or deterioration of service to other
customers served from the same electric system, or if operating the Distributed
ystem
or Affected Systems. Supporting documentation used to reach the decision to
disconnect shall be provided to the Interconnection Customer upon request. If, after
notice, the Interconnection Customer fails to remedy the adverse operating effect
within a reasonable time, the Area EPS Operator may disconnect the Distributed
Energy Resource. The Area EPS Operator shall provide the Interconnection Customer
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with five Business Day notice of such disconnection, unless the provisions of Section
12.2 apply.
12.6.Modification of the Distributed Energy Resource. The Interconnection Customer must
receive written authorization from the Area EPS Operator before making any change
to the Distributed Energy Resource that may have a material impact on the safety or
reliability of the Distribution System. Such authorization shall not be unreasonably
withheld if the modification is not a Material Modification. Material Modifications,
including an increase Nameplate Rating or capacity, may require the Interconnection
Customer to submit a new Interconnection Application as described in the M-MIP
Overview Process Section 7. If the Interconnection Customer makes such
modification without the Area EPS Operator
shall have the right to temporarily disconnect the Distributed Energy Resource.
12.7.Reconnection. The Parties shall cooperate with each other to restore the Distributed
Energy Resource, Interconnection Facilities,
System to their normal operating state as soon as reasonably practicable following a
temporary disconnection.
12.8.Treatment Similar to Other Retail Customers. If the Interconnection Customer
receives retail electrical service at the same site as the Distributed Energy Resource, it
may also be disconnected consistent with the rules and practices for disconnecting
other retail electrical customer.
12.9.Disconnection for Default. If the Interconnection Customer is in Default of this
Agreement, it may be disconnected after a sixty (60) day written notice is provided
and the Default is not cured during this sixty (60) day notice. This provision does not
apply to disconnection based on Sections 12.2, 12.3, 12.4 or 12.5 of this Agreement.
13Cost Responsibility for Interconnection Facilities and Distribution
Upgrades
13.1Interconnection Facilities. The Interconnection Customer shall pay for the cost of the
Interconnection Facilities itemized in Attachment 2 of this Agreement. The Area EPS
Operator shall provide a good faith estimate cost, including overheads, for the
purchase and construction of its Interconnection Facilities and provide a detailed
itemization of such costs. Costs associated with Interconnection Facilities may be
shared with other entities that may benefit from such facilities by agreement of the
Interconnection Customer, such other entities, and the Area EPS Operator.
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13.2The Interconnection Customer shall be responsible for its share of all reasonable
expenses, including overheads, associated with (1) owning, operating, maintaining,
repairing, and replacing its own Interconnection Facilities, and (2) operating,
Facilities.
13.3Distribution Upgrades. The Area EPS Operator shall design, procure, construct, install,
and own the Distribution Upgrades described in Attachment 6 of this Agreement. The
Area EPS Operator shall provide a good faith estimate cost, including overheads, for
the purchase and construction of the Distribution Upgrades and provide a detailed
itemization of such costs. If the Area EPS Operator and the Interconnection Customer
agree, the Interconnection Customer may construct Distribution Upgrades that are
located on land owned by the Interconnection Customer. The actual cost of the
Distribution Upgrades, including overheads, shall be directly assigned to the
Interconnection Customer.
14 Cost Responsibility for Network Upgrades
14.1.Applicability. No portion of Section 14 shall apply unless the interconnection of the
Distributed Energy Resource requires Network Upgrades.
14.2.Network Upgrades. The Area EPS Operator or the Transmission Owner shall design,
procure, construct, install, and own the Network Upgrades described in Attachment 6
of this Agreement. The Area EPS Operator shall provide a good faith estimate cost,
including overheads, for the purchase and construction of the Network Upgrades and
provide a detailed itemization of such costs. If the Area EPS Operator and the
Interconnection Customer agree, the Interconnection Customer may construct
Network Upgrades that are located on land owned by the Interconnection Customer.
Unless the Area EPS Operator elects to pay for Network Upgrades, the actual cost of
the Network Upgrades, including overheads, shall be borne initially by the
Interconnection Customer.
14.3.Repayment of Amounts Advanced for Network Upgrades. The Interconnection
Customer shall be entitled to a cash repayment, equal to the total amount paid to the
Area EPS Operator and Affected System operator, if any, for Network Upgrades,
including any tax gross-up or other tax-related payments associated with the
Network Upgrades, and not otherwise refunded to the Interconnection Customer, to
be paid to the Interconnection Customer on a dollar-for-dollar basis for the non-
usage sensitive portion of transmission charges, as payments are made under the
Area EPS Operato
respect to the Distributed Energy Resource. Any repayment shall include interest
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calculated in accordance with the methodology set forth in Federal Energy Regulatory
s) regulations at 18 C.F.R. § 35.19a(a)(2)(iii) from the date of any
payment for Network Upgrades through the date on which the Interconnection
Customer receives a repayment of such payment pursuant to this subparagraph. The
Interconnection Customer may assign such repayment rights to any person.
14.4.Notwithstanding the foregoing, the Interconnection Customer, the Area EPS
Operator, and any applicable Affected System operators may adopt any alternative
payment schedule that is mutually agreeable so long as the Area EPS Operator and
said Affected System operators take one of the following actions no later than five
years from the Commercial Operation Date: (1) return to the Interconnection
Customer any amounts advanced for Network Upgrades not previously repaid, or (2)
declare in writing that the Area EPS Operator or any applicable Affected System
operators will continue to provide payments to the Interconnection Customer on a
dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or
develop an alternative schedule that is mutually agreeable and provides for the
return of all amounts advanced for Network Upgrades not previously repaid;
however, full reimbursement shall not extend beyond 20 years from the commercial
operation date.
14.5.If the Distributed Energy Resource fails to achieve commercial operation, but it or
another Distributed Energy Resource is later constructed and requires use of the
Network Upgrades, the Area EPS Operator and Affected System operator shall at that
time reimburse the Interconnection Customer for the amounts advanced for the
Network Upgrades. Before any such reimbursement can occur, the Interconnection
Customer, or the entity that ultimately constructs the Distributed Energy Resource, if
different, is responsible for identifying the entity to which reimbursement must be
made.
14.6.Special Provisions for Affected Systems. Unless the Area EPS Operator provides,
under this Agreement, for the repayment of amounts advanced to any applicable
Affected System operators for Network Upgrades, the Interconnection Customer and
Affected System operator shall enter into an agreement that provides for such
repayment. The agreement shall specify the terms governing payments to be made
by the Interconnection Customer to Affected System operator as well as the
repayment by Affected System Operator.
14.7.Rights Under Other Agreements. Notwithstanding any other provision of this
Agreement, nothing herein shall be construed as relinquishing or foreclosing any
rights, including but not limited to firm transmission rights, capacity rights,
transmission congestion rights, or transmission credits, that the Interconnection
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Customer shall be entitled to, now or in the future, under any other agreement or
tariff as a result of, or otherwise associated with, the transmission capacity, if any,
created by the Network Upgrades, including the right to obtain cash reimbursements
or transmission credits for transmission service that is not associated with the
Distributed Energy Resource.
15Billing, Payment, Milestones, and Financial Security
15.1.Billing and Payment Procedures and Final Accounting. The Area EPS Operator shall bill
the Interconnection Customer for the design, engineering, construction, and
procurement costs of Interconnection Facilities and Upgrades contemplated by this
Agreement, and the Interconnection Customer shall pay each bill, pursuant to the M-
MIP Interconnection Process documents, or as otherwise agreed to by the Parties.
15.2.Within 80 Business Days (approximately 4 calendar months) of completing the
and/or Upgrades described in the Attachments to this Agreement, the Area EPS
Operator shall provide the Interconnection Customer with a final accounting report,
as described in the M-MIP Fast Track Process Section 9.4.3 and the Study Process
Section 11.4.3.
15.3.Milestones. Pursuant to the M-MIP Fast Track Process Section 9.1 and the Study
Process Section 11.1, the Parties shall agree on milestones for which each Party is
responsible and list them in Attachment 4 of this Agreement.
15.4.Financial Security Arrangements. Pursuant to the M-MIP Fast Track Process Section
9.5 and the Study Process Section 11.5, the Interconnection Customer shall provide
of credit or other form of security that is reasonably acceptable to the Area EPS
Operator and is consistent with the Minnesota Uniform Commercial Code. Such
security for payment shall be in an amount sufficient to cover the costs for
constructing, designing, procuring, and installing the applicable portion of the Area
ced on a
dollar-for-dollar basis for payments made to the Area EPS Operator under this
Agreement during its term. In addition:
15.4.1.The guarantee must be made by an entity that meets the creditworthiness
requirements of the Area EPS Operator, and contain terms and conditions
that guarantee payment of any amount that may be due from the
Interconnection Customer, up to an agreed-to maximum amount.
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15.4.2.The letter of credit must be issued by a financial institution or insurer
reasonably acceptable to the Area EPS Operator and must specify a
reasonable expiration not sooner than sixty (60) Business Days (three
calendar months) after the due date for the issuance of the final bill.
16Assignment, Force Majeure, Consequential Damages, and Default
16.1.This Agreement may be assigned by either Party upon 15 Business Days prior written
notice and opportunity to object by the other Party; provided that:
16.1.1.Either Party may assign this Agreement without the consent of the other
Party to any affiliate of the assigning Party with an equal or greater credit
rating and with the legal authority and operational ability to satisfy the
obligations of the assigning Party under this Agreement, provided that the
Interconnection Customer promptly notifies the Area EPS Operator of any
such assignment.
16.1.2.Interconnection Customer shall have the right to assign this Agreement,
without the consent of the Area EPS Operator, for collateral security
purposes to aid in providing financing for the Distributed Energy Resource,
provided that the Interconnection Customer will promptly notify the Area
EPS Operator of any such assignment.
16.1.3.Any attempted assignment that violates this article is void and ineffective.
obligations be enlarged, in whole or in part, by reason thereof. An assignee
is responsible for meeting the same financial, credit, and insurance
obligations as the Interconnection Customer. Where required, consent to
assignment will not be unreasonably withheld, conditioned or delayed.
17Limitations of Liability
17.1.
omission in its performance of this Agreement, shall be limited to the amount of
direct damage actually incurred. In no event shall either Party be liable to the other
Party for any indirect, special, consequential, or punitive damages, except as
authorized by this Agreement.
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18Non-Warranty
18.1.The Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, installed or maintained by the Interconnection
Customer, including without limitation the Distributed Energy Resource and any
structures, equipment, wires, appliances or devices not owned, operated or
maintained by the Area EPS Operator.
19Indemnity
19.1.This provision protects each Party from liability incurred to third parties as a result of
carrying out the provisions of this Agreement. Liability under this provision is exempt
from the general limitations on liability found in Section 17.
19.2.The Parties shall at all times indemnify, defend, and hold the other Party harmless
from, any and all damages, losses, 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
obligations under this Agreement on behalf of the indemnifying Party, except in cases
of gross negligence or intentional wrongdoing by the indemnified Party.
19.3.If an indemnified person is entitled to indemnification under this article as a result of
a claim by a third party, and the indemnifying Party fails, after notice and reasonable
opportunity to proceed under this article, to assume the defense of such claim, such
indemnified person may at the expense of the indemnifying Party contest, settle or
consent to the entry of any judgment with respect to, or pay in full, such claim.
19.4.If an indemnifying party is obligated to indemnify and hold any indemnified person
harmless under this article, the amount owing to the indemnified person shall be the
recovery.
19.5.Promptly after receipt by an indemnified person of any claim or notice of the
commencement of any action or administrative or legal proceeding or investigation
as to which the indemnity provided for in this article may apply, the indemnified
person shall notify the indemnifying party of such fact. Any failure of or delay in such
delay is materially prejudicial to the indemnifying party.
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19.6.This indemnification obligation shall apply notwithstanding any negligent or
intentional acts, errors or omissions of the Indemnified Party, but the Indemnifying
the percentage by which the Indemnif
or omissions caused damaged.
19.7.Neither Party shall be indemnified for its damages resulting from its sole negligence,
intentional acts or willful misconduct. These indemnity provisions shall not be
construed to relieve any insurer of its obligation to pay claims consistent with the
provisions of a valid insurance policy.
20Consequential Damages
20.1.Other than as expressly provided for in this Agreement, neither Party shall be liable
under any provision of this Agreement for any losses, damages, costs or expenses for
any special, indirect, incidental, consequential, or punitive damages, including but not
limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost
of temporary equipment or services, whether based in whole or in part in contract, in
tort, including negligence, strict liability, or any other theory of liability; provided,
however, that damages for which a Party may be liable to the other Party under
another agreement will not be considered to be special, indirect, incidental, or
consequential damages hereunder.
21Force Majeure
21.1.If a Force Majeure Event prevents a Party from fulfilling any obligations under this
Agreement, the Party affected by the Force Majeure Event (Affected Party) shall
promptly notify the other Party, either in writing or via the telephone, of the
existence of the Force Majeure Event. The notification must specify in reasonable
detail the circumstances of the Force Majeure Event, its expected duration, and the
steps that the Affected Party is taking to mitigate the effects of the event on its
performance. The Affected Party shall keep the other Party informed on a continuing
basis of developments relating to the Force Majeure Event until the event ends. The
Affected Party will be entitled to suspend or modify its performance of obligations
under this Agreement (other than the obligation to make payments) only to the
extent that the effect of the Force Majeure Event cannot be mitigated by the use of
Reasonable Efforts. The Affected Party will use Reasonable Efforts to resume its
performance as soon as possible.
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22Default
22.1.No Default shall exist where such failure to discharge an obligation (other than the
payment of money) is the result of a Force Majeure Event as defined in this
Agreement or the result of an act or omission of the other Party. Upon a Default, the
non-defaulting Party shall give written notice of such Default to the defaulting Party.
Except as provided in Section 21, the defaulting Party shall have sixty (60) calendar
days from receipt of the Default notice within which to cure such Default; provided
however, if such Default is not capable of cure within sixty (60) calendar days, the
defaulting Party shall commence such cure within twenty (20) calendar days after
notice and continuously and diligently complete such cure within six (6) months from
receipt of the Default notice; and, if cured within such time, the Default specified in
such notice shall cease to exist.
22.2.If a Default is not cured as provided in this article, or if a Default is not capable of
being cured within the period provided for herein, the non-defaulting Party shall have
the right to terminate this Agreement by written notice at any time until cure occurs,
and be relieved of any further obligation hereunder and, whether or not that Party
terminates this Agreement, to recover from the defaulting Party all amounts due
hereunder, plus all other damages and remedies to which it is entitled at law or in
equity. The provisions of this article will survive termination of this Agreement.
23Insurance
23.1.An Area EPS Operator may only require an Interconnection Customer to purchase
insurance covering damages pursuant to the applicable M-MIP process document in
which the distributed energy resource falls under.
23.2.The Area EPS Operator agrees to maintain general liability insurance or self-insurance
-
undertaken pursuant to this Agreement.
23.3.The Parties further agree to notify each other whenever an accident or incident
occurs resulting in any injuries or damages that are included within the scope of
coverage of such insurance, whether or not such coverage is sought.
23.4.Failure of the Interconnection Customer or Area EPS Operator to enforce the
minimum levels of insurance does not relieve the Interconnection Customer from
maintaining such levels of insurance or relieve the Interconnection Customer of any
liability.
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24 Confidentiality
24.1.Confidential Information shall mean any confidential and/or proprietary information
provided by one Party to the other Party that is clearly marked or otherwise
specifications, and metering data provided by the Interconnection Customer may be
deemed Confidential Information regardless of whether it is clearly marked or
otherwise designated as such. If requested by either Party, the other Party shall
provide in writing the basis for asserting that the information warrants confidential
treatment. Parties providing a Governmental Authority trade secret, privileged or
otherwise not public data under Minnesota Government Data Privacy Act, Minnesota
Statutes Chapter 13, must provide information consistent with th
September 1, 1999 Revised Procedures for Handling Trade Secret and Privileged Data.
24.2.Confidential Information does not include information previously in the public
domain with proper authorization, required to be publicly submitted or divulged by
Governmental Authorities (after notice to the other Party and after exhausting any
opportunity to oppose such publication or release), or necessary to be publicly
divulged in an action to enforce this Agreement. Each Party receiving Confidential
Information shall hold such information in confidence and shall not disclose it to any
third party nor to the public without the prior written authorization from the Party
providing that information, except to fulfill obligations under this Agreement, or to
fulfill legal or regulatory requirements that could not otherwise be fulfilled by not
making the information public.
24.3.Each Party shall hold in confidence and shall not disclose Confidential Information, to
any person (except employees, officers, representatives and agents, who agree to be
bound by this section). Confidential Information shall be clearly marked as such on
each page or otherwise affirmatively identified. If a court, government agency or
entity with the right, power, and authority to do so, requests or requires either Party,
by subpoena, oral disposition, interrogatories, requests for production of documents,
administrative order, or otherwise, to disclose Confidential Information, that Party
shall provide the other Party with prompt notice of such request(s) or
requirements(s) so that the other Party may seek an appropriate protective order or
waive compliance with the terms of this Agreement. In the absence of a protective
order or waiver the Party shall disclose such confidential information which, in the
opinion of its counsel, the party is legally compelled to disclose. Each Party will use
reasonable efforts to obtain reliable assurance that confidential treatment will be
accorded any confidential information so furnished.
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24.4.Critical infrastructure information or information that is deemed or otherwise
designated by a Party as Critical Energy/Electric Infrastructure Information (CEII)
pursuant to FERC regulation 18 C.F.R. §388.133, as may be amended from time to
time, may be subject to further protections for disclosure as required by FERC or
24.5.Each Party shall employ at least the same standard of care to protect Confidential
Information obtained from the other Party as it employs to protect its own
Confidential Information.
24.6.Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its
rights under this provision to prevent the release of Confidential Information without
bond or proof of damages, and may seek other remedies available at law or in equity
for breach of this provision.
25Disputes
The Parties agree in a good faith effort to attempt to resolve all disputes arising out of
the interconnection process and associated study and Interconnection Agreements.
The Parties agree to follow the established dispute resolution policy adopted by the
Area EPS Operator.
26Taxes
26.1.The Parties agree to follow all applicable tax laws and regulations, consistent with
Internal Revenue Service and any other relevant local, state and federal
requirements.
26.2. It is
incumbent on the Party seeking to maintain its tax status to provide formal written
notice to the other Party detailing what exact cooperation it is seeking from the other
Party well prior to any deadlines by which any such action would need to be taken.
Nothing in this Agreement is intended to adversely affect, if applicable, the Area EPS
tax-exempt status with respect to the issuance of bonds including, but not
limited to, local furnishing bonds.
27Miscellaneous
27.1.Governing Law, Regulatory Authority, and Rules. The validity, interpretation and
enforcement of this Agreement and each of its provisions shall be governed by the
and the laws of the state of Minnesota,
without regard to its conflicts of law principles. This Agreement is subject to all
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Applicable Laws and Regulations. Each Party expressly reserves the right to seek
changes in, appeal, or otherwise contest any laws, orders, or regulations of a
Governmental Authority.
27.2.Amendment. The Parties may amend this Agreement by a written instrument duly
executed by both Parties, or under Section 27.12 of this Agreement.
27.3.No Third-Party Beneficiaries. This Agreement is not intended to and does not create
rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties, and the obligations
herein assumed are solely for the use and benefit of the Parties, their successors in
interest and where permitted, their assigns.
27.4.Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement will not be considered a waiver of
any obligation, right, or duty of, or imposed upon, such Party. Any waiver at any time
by either Party of its rights with respect to this Agreement shall not be deemed a
continuing waiver or a waiver with respect to any other failure to comply with any
other obligation, right, duty of this Agreement. Termination or default of this
Agreement for any reason by Interconnection Customer shall not constitute a waiver
Area EPS Operator. Any waiver of this Agreement shall, if requested, be provided in
writing.
27.5.Entire Agreement. This Agreement, including all Attachments, constitutes the entire
agreement between the Parties with reference to the subject matter hereof, and
supersedes all prior and contemporaneous understandings or agreements, oral or
written, between the Parties with respect to the subject matter of this Agreement.
There are no other agreements, representations, warranties, or covenants which
compliance with its obligations under this Agreement. This Agreement can only be
amended or modified in writing signed by both Parties.
27.6.Multiple Counterparts. This Agreement may be executed in two or more
counterparts, each of which is deemed an original but all constitute one and the
same instrument. Electronic signatures are acceptable if the Area EPS Operator has
made such a determination pursuant to M-MIP Overview Process Section 4.1.
27.7.No Partnership. This Agreement shall not be interpreted or construed to create an
association, joint venture, agency relationship, or partnership between the Parties or
to impose any partnership obligation or partnership liability upon either Party.
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Neither Party shall have any right, power or authority to enter into any agreement or
undertaking for, or act on behalf of, or to act as or be an agent or representative of,
or to otherwise bind, the other Party.
27.8.Severability. If any provision or portion of this Agreement shall for any reason be held
or adjudged to be invalid or illegal or unenforceable by any court of competent
jurisdiction or other Governmental Authority, (1) such portion or provision shall be
deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and effect.
27.9.Security Arrangements. Infrastructure security of electric system equipment and
operations and control hardware and software is essential to ensure day-to-day
reliability and operational security. All public utilities are expected to meet basic
standards for system infrastructure and operational security, including physical,
operational, and cyber-security practices.
27.10.Environmental Releases. Each Party shall notify the other Party, first orally and then
in writing, of the release of any hazardous substances, any asbestos or lead
abatement activities, or any type of remediation activities related to the Distributed
Energy Resource or the Interconnection Facilities, each of which may reasonably be
expected to affect the other Party. The notifying Party shall (1) provide the notice as
soon as practicable, provided such Party makes a good faith effort to provide the
notice no later than 24 hours after such Party becomes aware of the occurrence, and
(2) promptly furnish to the other Party copies of any publicly available reports filed
with any governmental authorities addressing such events.
27.11.Subcontractors. Nothing in this Agreement shall prevent a Party from utilizing the
services of any subcontractor as it deems appropriate to perform its obligations
under this Agreement. Each Party shall require its subcontractors to comply with all
applicable terms and conditions of this Agreement in providing such services and
each Party shall remain primarily liable to the other Party for the performance of
such subcontractor.
27.11.1.The creation of any subcontract relationship shall not relieve the hiring
Party of any of its obligations under this Agreement. The hiring Party shall
be fully responsible to the other Party for the acts or omissions of any
subcontractor the hiring Party hires as if no subcontract had been made.
In no event shall the Area EPS Operator be liable for the actions or
inactions of the Interconnection Customer or its subcontractors with
respect to obligations of the Interconnection Customer under this
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Agreement. Any applicable obligation imposed by this Agreement upon
the hiring Party shall be equally binding upon, and shall be construed as
having application to, any subcontractor of such Party.
27.11.2.The obligations under this article will not be limited in any way by any
limitation of .
27.12.Inclusion of Area EPS Operator Tariff and Rules. The interconnection services
provided under this Agreement shall at all times be subject to the terms and
conditions set forth in the rate schedules and rules applicable to the electric service
provided by the Area EPS Operator, which rate schedules and rules are hereby
incorporated into this Agreement by this reference.
28Notices
28.1.General. Unless otherwise provided in this Agreement, any written notice, demand,
be deemed properly given if delivered in person, delivered by recognized national
currier service, or sent by first class mail, postage prepaid, to the person specified as
follows:
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Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.2.Billing and Payment. Billing and payments shall be sent to the addresses set out
below:
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
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Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.3.Alternative Forms of Notice. Any notice or request required or permitted to be given
by either Party to the other and not required by this Agreement to be given in writing
may be so given by telephone or e mail to the telephone numbers and e-mail
addresses set out below:
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
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28.4.Designated Operating Representative. The Parties may also designate operating
representatives to conduct the communications which may be necessary or
convenient for the administration of this Agreement. This person will also serve as
facilities.
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.5.Changes to Notification. Either Party may change this information by giving five
Business Days written notice to the other Party prior to the effective date of the
change.
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SCHEDULE 2 - STANDARD CONTRACTS
31Signatures
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
\[Insert name of Area EPS Operator\] \[Insert name of Interconnection Customer\]
___________________________________ _________________________________
Signed: ____________________________ Signed: __________________________
Name (Printed): Name (Printed):
___________________________________ ________________________________
Title: ______________________________ Title: __________________________
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Attachment I: Glossary of Terms
Affected System
System, or Transmission System connected generation which may be affected by the proposed
interconnection.
Applicant Agent A person designated in writing by the Interconnection Customer to represent
the interconnection process.
Area EPS The electric power distribution system connected at the Point of Common Coupling.
Area EPS Operator An entity that owns, controls, or operates the electric power distribution
systems that are used for the provision of electric service in Minnesota. For this Interconnection
Process the Area EPS Operator is \[NAME OF UTILITY\]
Business Day Monday through Friday, excluding Holidays as defined by Minn. Stat. §645.44,
Subdivision 5. Any communication to have been sent or received after 4:30 p.m. Central
Prevailing Time or on a Saturday, Sunday or holiday shall be considered to have been sent on
the next Business Day.
Certified Equipment Certified equipment is equipment that has been tested by a national
recognized lab meeting a specific standard. For DER systems, UL 1741 listing is a common form
of DER inverter certification. Additional information is seen in the Certification Codes and
Standards document.
Confidential Information Any confidential and/or proprietary information provided by one
procedures, design, operating specifications, and metering data provided by the
Interconnection Customer may be deemed Confidential Information. See Overview Process
Section 12.1 for further information.
Distributed Energy Resource (DER) A source of electric power that is not directly connected
to a bulk power system or central station service. DER includes both generators and energy
storage technologies capable of exporting active power to an EPS. An interconnection system or
a supplemental DER device that is necessary for compliance with this standard is part of a DER.
For the purpose of the Interconnection Process and interconnection agreements, the DER
Interconnection Facilities.
Distribution System The Area EPS facilities which are not part of the Local EPS, Transmission
System or any generation system.
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SCHEDULE 2 - STANDARD CONTRACTS
Distribution Upgrades The additions, modifications, and upgrades to the Distribution System
at or beyond the Point of Common Coupling to facilitate interconnection of the DER and render
the distribution service necessary to affect
Distribution System. Distribution Upgrades do not include Interconnection Facilities.
Electric Power System (EPS) The facilities that deliver electric power to a load.
Fast Track Process The procedure as described in the Interconnection Process - Fast Track
Process for evaluating an Interconnection Application for a DER that meets the eligibility
requirements in the Overview Process Section 2.3.
Force Majeure Event An act of God, labor disturbance, act of the public enemy, war,
insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
equipment, an order, regulation or restriction imposed by governmental, military or lawfully
Event does not include an act of negligence or intentional wrongdoing.
Good Utility Practice Any of the practices, methods and acts engaged in or approved by a
significant portion of the electric industry during the relevant time period, or any of the
practices, methods and act which, in the exercise of reasonable judgment in light of the facts
known at the time the decision was made, could have been expected to accomplish the desired
result at a reasonable cost consistent with good business practices, reliability, safety and
expedition. Good Utility Practice is not intended to be limited to the optimum practice, method,
or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts
generally accepted in the region.
Governmental Authority Any federal, state, local or other governmental regulatory or
administrative agency, court, commission, department, board, or other governmental
subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
jurisdiction over the Parties, their respective facilities, or the respective services they provide,
and exercising or entitled to exercise any administrative, executive, police, or taxing authority
or power; provided, however, that such term does not include the Interconnection Customer,
the Area EPS Operator, or any Affiliate thereof. The local governing body is the
authority governing interconnection requirements unless otherwise provided for in the
Minnesota Technical Requirements.
Interconnection Agreement The terms and conditions between the Area EPS Operator and
Interconnection Customer (Parties). See Section 8 in the Overview Process Error! Reference
source not found. for when the Uniform Contract or Interconnection Agreement applies.
Interconnection Application
or modified, as described in Section 4 of the Overview Process, DER. See Simplified Application
Form and Interconnection Application Form.
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Interconnection Customer The person or entity, including the Area EPS Operator, whom will
Distribution System. The Interconnection Customer is responsible for ensuring the DER(s) is
designed, operated and maintained in compliance with the Minnesota Technical Requirements.
Interconnection Facilities
include all facilities and equipment between the DER and the Point of Common Coupling,
including any modification, additions or upgrades that are necessary to physically and
Customer Interconnection Facilities include: supplemental DER devices, inverters, and
associated wiring and cables up to the Point of DER Connection. Some examples of Area EPS
Operator Interconnection Facilities include sole use facilities; such as, line extensions, controls,
relays, switches, breakers, transformers and shall not include Distribution Upgrades or Network
Upgrades.
Interconnection Process
document.
Material Modification A modification to machine data, equipment configuration or to the
interconnection site of the DER at any time after receiving notification by the Area EPS
Operator of a complete Interconnection Application that has a material impact on the cost,
timing, or design of any Interconnection Facilities or Upgrades, or a material impact on the cost,
timing or design of any Interconnection Application with a later Queue Position or the safety or
1
reliability of the Area EPS.
MN Technical Requirements The term including all of the DER technical interconnection
requirement documents for the state of Minnesota; including Attachment 2 Distributed
Order in E-999/CI-01-1023) until superseded and upon Commission approval of updated
1
A Material Modification shall include, but may not be limited to, a modification from the approved
Interconnection Application that: (1) changes the physical location of the point of common coupling; such that it is
likely to have an impact on technical review; (2) increases the nameplate rating or output characteristics of the
Distributed Energy Resource; (3) changes or replaces generating equipment, such as generator(s), inverter(s),
transformers, relaying, controls, etc., and substitutes equipment that is not like-kind substitution in certification, size,
ratings, impedances, efficiencies or capabilities of the equipment; (4) changes transformer connection(s) or
grounding; and/or (5) changes to a certified inverter with different specifications or different inverter control settings
or configuration. A Material Modification shall not include a modification from the approved Interconnection
Application that: (1) changes the ownership of a Distributed Energy Resource; (2) changes the address of the
Distributed Energy Resource, so long as the physical point of common coupling remains the same; (3) changes or
replaces generating equipment such as generator(s), inverter(s), solar panel(s), transformers, relaying, controls, etc.
and substitutes equipment that is a like-kind substitution in certification, size, ratings, impedances, efficiencies or
capabilities of the equipment; and/or (4) increases the DC/AC ratio but does not increase the maximum AC output
capability of the Distributed Energy Resource in a way that is likely to have an impact on technical review.
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SCHEDULE 2 - STANDARD CONTRACTS
Minnesota DER Technical Interconnection and Interoperability Requirements in E-999/CI-16-
521 (anticipated July 2019.)
Nameplate Rating - nominal voltage (V), current (A), maximum active power (kWac), apparent
power (kVA), and reactive power (kVar) at which a DER is capable of sustained operation. For a
Local EPS with multiple DER units, the aggregate nameplate rating is equal to the sum of all
DERs nameplate rating in the Local EPS. For purposes of the Attachment V in the
I
limited thought use of control systems, power relays or similar device settings or adjustments
as identified in IEEE 1547. The nameplate ratings referenced in the Interconnection Process are
alternating current nameplate DER ratings at the Point of DER Coupling.
Network Upgrades Additions, modifications, and upgrades to the Transmission System
required at or beyond the point at which the DER interconnects with the
Network Upgrades do not include Distribution Upgrades.
Operating Requirements Any operating and technical requirements that may be applicable
Requirements, including those set forth in the Interconnection Agreement.
Party or Parties The Area EPS Operator and the Interconnection Customer.
Point of Common Coupling (PCC) The point where the Interconnection Facilities connect with
as specified by the Area EPS Operator and described in the National Electrical Code and
the National Electrical Safety Code.
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SCHEDULE 2 - STANDARD CONTRACTS
Figure 1: Point of Common Coupling and Point of DER Connection
(Source: IEEE 1547)
Point of DER Connection (PoC) When identified as the Reference Point of Applicability, the
point where an individual DER is electrically connected in a Local EPS and meets the
requirements of this standard exclusive of any load present in the respective part of the Local
EPS (e.g. terminals of the inverter when no supplemental DER device is required.) For DER
unit(s) that are not self-sufficient to meet the requirements without a supplemental DER
device(s), the Point of DER Connection is the point where the requirements of this standard are
met by DER in conjunction with a supplemental DER device(s) exclusive of any load present in
the respective part of the Local EPS.
Queue Position The order of a valid Interconnection Application, relative to all other pending
valid Interconnection Applications, that is established based upon the date- and time- of receipt
of the complete Interconnection Application as described in Section 4.7 of the Overview
Process Error! Reference source not found..
Reasonable Efforts With respect to an action required to be attempted or taken by a Party
under these procedures, efforts that are timely and consistent with Good Utility Practice and
are otherwise substantially equivalent to those a Party would use to protect its own interests.
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Reference Point of Applicability The location, either the Point of Common Coupling or the
Point of DER Connection, where the interconnection and interoperability performance
requirements specified in IEEE 1547 apply. With mutual agreement, the Area EPS Operator and
Customer may determine a point between the Point of Common Coupling and Point of DER
Connection. See Minnesota Technical Requirements for more information.
Simplified Process The procedure for evaluating an Interconnection Application for a certified
inverter-based DER no larger than 20 kW that uses the screens described in the Interconnection
Process Simplified Process document. The Simplified Process includes simplified procedures.
Study Process The procedure for evaluating an Interconnection Application that includes the
scoping meeting, system impact study, and facilities study.
Transmission Owner The entity that owns, leases or otherwise possesses an interest in the
portion of the Transmission System relevant to the Interconnection.
Transmission Provider The entity (or its designated agent) that owns, leases, controls, or
operates transmission facilities used for the transmission of electricity. The term Transmission
Provider includes the Transmission Owner when the Transmission Owner is separate from the
Transmission Provider. The Transmission Provider may include the Independent System
Operator or Regional Transmission Operator.
Transmission System The facilities owned, leased, controlled or operated by the Transmission
Provider or the Transmission Owner that are used to provide transmission service. See the
Transmission from Generation and Distribution Assets in Docket No. E-999/CI-99-1261.
Uniform Contract
Production Facilities (Uniform Contract) that may be applied to all qualifying new and existing
interconnections between the Area EPS Operator and an DER system having capacity less than
40 kilowatts.
Upgrades
or Distribution System at or beyond the Point of Interconnection. Upgrades may be Network
Upgrades or Distribution Upgrades. Upgrades do not include Interconnection Facilities.
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment II: Description and Costs of the Distributed Energy
Resource, Interconnection Facilities, and Metering Equipment
Equipment, including the Distribution Energy Resource, Interconnection Facilities, and metering
equipment shall be itemized and identified as being owned by the Interconnection Customer or
the Area EPS Operator. The Area EPS Operator will provide a good faith estimate itemized cost,
including administrative overheads, of its Interconnection Facilities and metering equipment,
and a good faith estimate itemized cost of the annual operation and maintenance expenses
associated with the Interconnection Facilities and metering equipment.
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment III: One-line Diagram Depicting the Distributed Energy
Resource, Interconnection Facilities, and Metering Equipment, and
Upgrades
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment IV: Milestones
The Milestones in line (1) below may be a calendar date. All other dates in this Attachment IV
may be the number of Business Days from the calendar date in line (1) or from the completion
of a different Milestone described in a specific number line. Similarly, the anticipated In-Service
Date may be based on the number of Business Days from the completion of a specified line
number.
In-Service Date: __________________________________
Critical milestones and responsibilities as agreed to by the Parties:
Milestone/Anticipated Date Responsible Party
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Agreed to by:
Municipal Minnesota Interconnection Agreement _ January 2019 33
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SCHEDULE 2 - STANDARD CONTRACTS
Area EPS Operator Date
Transmission Owner
(If Applicable) Date
Interconnection
Customer Date
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment V: Additional Operating and Maintenance Requirements
Affected Systems
The Area EPS Operator shall also provide requirements that must be met by the
Interconnection
Distribution System. Additional operating and maintenance requirements for an Affected
System need
separate agreement described in Section 14.6.
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment VI
Network Upgrades and Good Faith Estimates of Upgrade Costs
The Area EPS Operator shall describe Distribution and Network Upgrades and provide an
itemized good faith estimate of the costs, including administrative overheads, of the Upgrade
and annual operations and maintenance expenses associated with such Upgrades. The Area EPS
Operator shall functionalize Upgrade costs and annual expenses as either transmission or
distribution related. Additional Distribution or Network Upgrades required for an Affected
System may be addressed in a separate agreement as described in Section 14.6.
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SCHEDULE 2 - STANDARD CONTRACTS
Attachment VII: Assignment of Interconnection Agreement
There is an Interconnection Agreement, including any and all Attachments thereto including
______________________________
________________________, a municipal utility existing under the laws of the State of
Minnesota, Area EPS Operator
Distributed Energy Resource (DER) described as follows:
DER System Information
Type of DER System:
Capacity Rating of System (AC):
Limited Capacity Rating (AC):
Address of DER System:
The Assignor intends to convey its interest in the above-referenced DER to _________________
__________________________
to the Assignee.
Upon the execution of this Assignment by the Assignor, Assignee and the Area EPS Operator,
agree as follows:
1.Capitalized Terms. Capitalized terms used but not defined herein shall have the
meanings set forth in the Agreement.
2.Consent to Assignment. The Assignor hereby irrevocably assigns the Agreement in all
respects to the Assignee and the Assignee accepts the assignment thereof in all
respects.
3.Amendment to Agreement. The Area EPS Operator consents to this assignment and, as
assigned, the Agreement is hereby amended so that wherever the name of the Assignor
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SCHEDULE 2 - STANDARD CONTRACTS
is used therein it shall mean the Assignee. It is further agreed that all terms and
conditions of the Agreement, as amended by this Assignment, shall remain in full force
and effect.
4.Payments by Area EPS Operator. Any and all payments made by Area EPS Operator
under the Agreement to either the Assignor or the Assignee shall be deemed to have
been made to both and shall discharge the Area EPS Operator from any further liability
with regard to said payment.
5.Financial Obligations of Assignor and Assignee. Any and all financial liability, including
but not limited to amounts due, from the Interconnection Customer to the Area EPS
Operator, occurring or accruing under the Agreement on or before the date of the
signature of the Area EPS Operator to this Assignment shall be deemed to be the
obligation of both the Assignor and Assignee, and the Area EPS Operator may recover
any such amounts jointly and severally from the Assignor and Assignee.
6.Contact information. The following information updates and replaces the designated
information as set forth on page 1 of the Agreement, and in Section 28.1, 28.2, 28.3 and
28.4 of the Agreement.
Page 1 Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.1 General Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
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SCHEDULE 2 - STANDARD CONTRACTS
28.2 Billing and Payment Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.3 Alternative Forms of Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.4 Designated Operating Representative. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
7.Signatures. Facsimile or electronic signatures, or signatures to this Assignment sent
electronically, shall have the same effect as original signatures. Photocopies, or
electronically stored versions of this Assignment, shall have the same validity as the
original.
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SCHEDULE 2 - STANDARD CONTRACTS
The Area EPS Operator, Assignor, and Assignee have executed this Assignment as of the
dates as set forth below.
Assignor
\[Insert legal name of Assignor\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Assignee
\[Insert legal name of Assignee\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Area EPS Operator
\[Insert legal name of Area EPS Operator\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Municipal Minnesota Interconnection Agreement _ January 2019 40
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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5źƭƷƩźĬǒƷĻķ 9ƓĻƩŭǤ wĻƭƚǒƩĭĻƭ LƓƷĻƩĭƚƓƓĻĭƷźƚƓ tƩƚĭĻƭƭ
ğĬƌĻ ƚŅ /ƚƓƷĻƓƷƭ
1.Booklets Anyone requesting interconnection information receives a Process Overview booklet
and the appropriate Process booklet (b, c or d)
a.Process Overview
b.Simplified Process (under 20kW capacity)
c.Fast Track Process (see applicability within)
d.Study Process (see applicability within)
2.Initial Procedural Forms
a.Pre-application Report Request
b.Pre-application Report
c.Simplified Interconnection Application
d.Standard Interconnection Application (for Fast Track and Study processes)
e.Energy Storage Application
3.Supplemental Agreement Forms
a.Supplemental Review Offer
b.System Impact Study Agreement
c.Facility Study Agreement
d.Transmission System Impact Study Agreement
4.Final Agreement Forms
a.Uniform Contract (under 40kW capacity)
b.Municipal Minnesota Interconnection Agreement (over 40kW or upon customer request)
c.Certificate of Completion
5.State of Minnesota Distributed Generation Interconnection Requirements
141
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
Information for interconnecting all Distributed
Detroit Lakes kW Select Solar
Energy Resources smaller than 10 megawatts in
Community Solar Garden
size to the utility distribution system.
Detroit Lakes, MN
INTERCONNECTION
PROCESS
Process Overview
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
/ƚƓƷĻƓƷƭ
Foreword ....................................................................................................................................................... 1
1 Key Terminology .................................................................................................................. 2
1.1. Distributed Energy Resource ............................................................................................ 2
1.2. Point of Common Coupling (PCC) / Point of DER Connection (POC) ............................... 2
1.3. Capacity ............................................................................................................................ 2
2 Roles..................................................................................................................................... 2
2.1. Overview .......................................................................................................................... 2
2.2. DER Interconnection Coordinator .................................................................................... 3
2.3. Interconnection Customer ............................................................................................... 3
2.4. Application Agent ............................................................................................................. 3
2.5. Engineering Roles ............................................................................................................. 3
3 Processes ............................................................................................................................. 3
3.1. Overview .......................................................................................................................... 3
3.2. Importance of Process Timelines ..................................................................................... 4
3.3. Simplified Process ............................................................................................................ 5
3.4. Fast Track Process ............................................................................................................ 5
3.5. Study Process ................................................................................................................... 6
3.6. Process Assistance ............................................................................................................ 6
4 Interconnection Application ............................................................................................... 6
4.1. Overview .......................................................................................................................... 6
4.2. Availability of Information ............................................................................................... 7
4.3. Interconnection Application Process Fees ....................................................................... 7
4.4. Application Review Timelines .......................................................................................... 7
4.5. Comparability ................................................................................................................... 8
4.6. Changing Process Queues ................................................................................................ 8
4.7. Queue Position ................................................................................................................. 8
4.8. Site Control ....................................................................................................................... 9
5 Pre-Application Report ....................................................................................................... 9
5.1. Pre-Application Report Requests ..................................................................................... 9
i
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
5.2. Information Provided ....................................................................................................... 9
5.3. Pre-Application Report Components ............................................................................. 10
6 Capacity of the Distributed Energy Resources ................................................................. 11
6.1. Existing DER System Expansion ...................................................................................... 11
6.2. New DER Systems ........................................................................................................... 11
6.3. Limited Capacity ............................................................................................................. 11
7 Modification to Interconnection Applications ................................................................. 12
7.1. Procedures ..................................................................................................................... 12
8 Interconnection Agreements ............................................................................................ 12
8.1. Timelines ........................................................................................................................ 12
8.2. Types of Agreements...................................................................................................... 13
9 Interconnection ................................................................................................................. 13
9.1. Metering ......................................................................................................................... 13
9.2. Inspection, Testing and Commissioning ......................................................................... 13
9.3. Interconnection Costs .................................................................................................... 14
9.4. Technical Requirements ................................................................................................. 14
9.5. Authorization for Parallel Operations ............................................................................ 14
10 Extension of Timelines .................................................................................................. 15
10.1. Reasonable Efforts ...................................................................................................... 15
10.2. Extensions ................................................................................................................... 15
11 Disputes ......................................................................................................................... 15
11.1. Procedures .................................................................................................................. 15
12 Clauses ........................................................................................................................... 15
12.1. Confidentiality ............................................................................................................ 15
12.2. Non-Warranty ............................................................................................................. 17
12.3. Indemnification ........................................................................................................... 17
12.4. Limitation of Liability .................................................................................................. 18
13 Glossary .......................................................................................................................... 19
14 Certification of DER Equipment .................................................................................... 25
15 Certification Codes and Standards ................................................................................ 27
ii
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Foreword
The State of Minnesota currently has interconnection process standards in effect to address the
interconnection of distributed energy resources (DER) to the distribution grid. Under Minnesota
Statute §216B.1611, cooperatives and municipals shall adopt an interconnection process that
addresses the same issues as the interconnection process approved by the Minnesota Public
Utilities Commission. The Elk River Municipal Utilities Distributed Energy Resources
Interconnection Process (Interconnection Process) applies to any DER no larger than 10-
megawatts (MW) AC interconnecting to and operating in parallel with Elk River Municipal
distribution system in Minnesota. This interconnection process document is designed
to be customer-centric when explaining the steps and details to interconnect DER systems to
the distribution grid.
The Interconnection Process is comprised of four manuals: 1) Process Overview, 2) Simplified
Process, 3) Fast Track Process, and 4) Study Process and also contains several forms, including a
final Interconnection Agreement. For the majority of DER interconnections, only the Process
Overview and the Simplified Process manuals will apply. For larger and more complex DER
interconnections, the Fast Track Process or the Study Process may apply.
As part of the Interconnection Process, an Interconnection Agreement is to be executed prior to
interconnecting a DER system to the utility distribution grid. For most DER interconnections, the
Contract for Cogeneration and Small Power Production Facilities (Uniform Contract) will
be used. For DER systems that do not fall under the terms of the Uniform Contract, the
Municipal Minnesota Interconnection Agreement (MMIA) will apply.
The process to interconnect a DER system to the distribution grid starts with the submission of
an Interconnection Application. Each track has different information that is requested in the
application and the non-refundable interconnection application fees will vary. Both the electric
utility and the interconnecting customer have timelines that are enforced to ensure a timely
application review, contract execution and interconnection commissioning.
The key to a successful interconnection of a DER system is communication between all parties.
Timely submission of the Interconnection Application prior to the purchase and installation of a
DER system is strongly recommended. The Utility encourages customers to ask questions
throughout the interconnection process. Interconnecting DER system to the distribution grid is
not an effortless process, but it does not need to be a problematic process either.
1
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
1Key Terminology
1.1.Distributed Energy Resource
Distributed Energy Resources, DER, were often referred to in past interconnection
processes as Distributed Generation, DG, and on occasion also interchanged with the
term Qualifying Facility, QF. This Interconnection Process uses the term DER to address
all types of generation and energy resources that can be interconnected to the electric
Distribution System. DER technologies can include photovoltaic solar systems, wind
turbines, storage batteries or diesel generators and are not limited to renewable types
of technologies.
1.2.Point of Common Coupling (PCC) / Point of DER Connection (POC)
The meter is normally the point of demarcation between the utility-owned equipment
and the customer-owned equipment. The term Point of Common Coupling, PCC, is the
demarcation location between the utility and the customer.
The Point of DER Connection, PoC, can be different from the PCC. The PoC is the
location where a DER system would interconnect to the electrical system normally
owned by the customer. For example, the PoC for a rooftop photovoltaic solar system
may be
1.3.Capacity
Throughout the Interconnection Process will be references to the capacity of the DER
system. In most cases, the capacity listed is referring to the Nameplate Capacity of the
DER system. All capacity references will be in alternating current, AC.
There can be multiple DER systems with different PoCs that all have the same PCC
submitted on a single interconnection application. The capacity for this type of
interconnection would be the aggregate Nameplate Capacity of all DER systems at the
individual PoCs. Additional examples of DER system arrangements can be seen in
Section 13 under the definition of Point of Common Coupling.
2Roles
2.1.Overview
During the interconnection process for a proposed DER system, there may be multiple
entities involved in the application, approval and commissioning processes. The main
entities that are involved during the Interconnection Process for a proposed DER
system are the Interconnection Customer, the Application Agent and the DER
2
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Coordinator. Official definitions of each entity are defined in the
Glossary (Section 13). Additional details are explained in the subsections below.
2.2.DER Interconnection Coordinator
The utility is referred to as the Area Electric Power Supply Operator in this
Interconnection Process. The Area EPS Operator shall designate a DER Interconnection
Coordinator to serve as a single point of contact from which general information on the
application process may be obtained. The DER Interconnection Coordinator shall be
available to provide coordination assistance with the Interconnection Customer but is
not responsible for directly answering or resolving all of the issues involved in review
and implementation of the interconnection process and standards.
The contact information of the DER Interconnection Coordinator will be posted on the
Area EPS Operators website if feasible, or available from the utility.
2.3.Interconnection Customer
The owner of the proposed DER system and the entity requesting interconnection to
the distribution system.
2.4.Application Agent
The Interconnection Customer may designate, on the Interconnection Application or in
writing after the application has been submitted, an Application Agent to serve as a
single point of contact to coordinate with the DER Interconnection Coordinator on their
behalf. Designation of an Application Agent does not absolve the Interconnection
Customer from signing application documents and the responsibilities outlined in the
Interconnection Process or in interconnection agreements. DER vendors, project
managers or electricians are common entities that the Interconnection Customer may
designate to perform this role.
2.5.Engineering Roles
Either party may designate a specific person to be a single point of contact to provide
technical expertise during the Interconnection Process for themselves or their
organization. The person to supply engineering expertise may be a third party such as
3Processes
3.1.Overview
The Interconnection Process applies to any DER no larger than 10 MW AC
interconnecting to and operating in parallel with an Area EPS distribution system in
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Minnesota. Interested parties with plans to interconnect DER systems larger than 10
MW AC to the distribution system should contact the Area EPS Operator for a case-
specific interconnection process. Fed
interconnection process will supersede any interconnection process the Area EPS
Operator has for DER system interconnections that fall under the jurisdiction of FERC.
The Interconnection Process for DER is broken into three different tracks; the Simplified
Process, the Fast Track Process, and the Study Process. The general classification of
each track is summarized in Table 3.1 below.
Table 3.1.Interconnection Process Tracks
Size
Track DER Technology
Limitations
Simplified Process Certified Inverter only 20 kW AC
Fast Track Process All types 5 MW AC
Study Process All types 10 MW AC
If engineering screens are failed during the application process, a proposed DER
interconnection may be moved into a different track. When a proposed DER
interconnection is moved into a different track, additional information may be
requested and additional fees may apply.
3.2.Importance of Process Timelines
It is very important to pay attention to timelines listed for each process track. The
timelines exist for an orderly and efficient process to interconnect DER systems to the
Distribution System. If a timeline is missed by an Interconnection Customer, without
the Interconnection Customer requesting a Timeline Extension explained in Section 10,
the Interconnection Application will be deemed withdrawn by the Area EPS Operator.
The Area EPS Operator also needs to abide by the timelines listed for each process
track. The process for an Area EPS Operator to request Timeline Extensions is also
addressed in Section 10.
Unless otherwise stated, all time frames are measured in Business Days. For purpose of
measuring these time intervals, the time shall be computed so as to exclude the first
and include the last day of the prescribed duration of time. Any communication sent or
received after 4:30 p.m. Central Prevailing Time or on a Saturday, Sunday or Holiday
shall be considered to be sent on the next Business Day.
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3.3.Simplified Process
1
An application to interconnect a certified, inverter-based DER system no larger than 20
kilowatts (kW) shall be evaluated under the Simplified Process. A common form of DER
inverter certification is UL 1741. Proposed DER systems that require Area EPS system
modifications to accommodate the interconnection do not qualify for the Simplified
Process. A transformer change, fusing upgrades or line extensions are common
examples of Area EPS system modification. Simplified Process eligibility does not imply
or indicate the Interconnection Application will pass the initial review screens. Failure
to pass the screens will route the Interconnection Application to the Fast Track Process.
3.4.Fast Track Process
An application to interconnect a DER shall be evaluated under the Fast Track Process if
the eligibility requirements are not exceeded in Table 3.2 and the application does not
qualify for the Simplified Process. Fast Track eligibility for DERs is determined based
upon the generator type, the size of the generator, voltage of the line, and the location
and type of line at the Point of Common Coupling, (PCC). All synchronous and induction
machines must be no larger than 2 MW to be eligible for Fast Track Process
consideration.
Table 3.2.Fast Track Eligibility for DER
Fast Track Eligibility for certified,
2
Fast Track Eligibility
3
inverter-based DER on a Mainline
Line Voltage Regardless of
and 2.5 Electrical Circuit Miles from
Location
4
Substation
< 5 kV
5 kV and < 15 kV 1 MW 2 MW
15 kV and < 30 kV 2 MW
meet the codes, standards and certification requirements found in Section 15 and
Section 14.
1
Additional information regarding certified equipment is found in Sections 14 and 15.
2
Synchronous and induction machine eligibility is limited to no more than 2 MW even when line voltage is greater
than 15 kV.
3
For purposes of this table, a Mainline is the three-phase backbone of a circuit. It will typically constitute lines with
wire sizes of 4/0 American wire gauge, 266 kcmil, 336.4 kcmil, 397.5 kcmil, 477 kcmil and 795 kcmil.
4
An Interconnection Customer can determine this information about its proposed interconnection location in
advance by requesting a pre-application report described in Section 5.
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3.5.Study Process
An application to interconnect a DER that does not meet the Simplified Process or Fast
Track Process eligibility requirements or does not pass the review as described in either
process, shall be evaluated under the Study Process.
3.6.Process Assistance
Prior to submitting an Interconnection Application, the Interconnection Customer may
DER Interconnection Coordinator which process track a
proposed interconnection is subject to and about additional details regarding each
process track.
An Interconnection Customer can obtain, through an informal request, general
information about the Interconnection Process and about potentially Affected
System(s) for a proposed interconnection at a specific location. The existing electric
system information provided to the Interconnection Customer should include relevant
system study results, interconnection studies, and other materials useful to an
System. Information will be provided to the extent such provision does not violate the
privacy policies of the Area EPS Operator, confidentiality provisions of prior agreements
or critical infrastructure requirements. The Area EPS Operator shall comply with
reasonable requests for such information.
4Interconnection Application
4.1.Overview
Each process track has different information that needs to be provided to the Area EPS
Operator. Table 4.1 indicates which application is to be completed in its entirety and
submitted to the Area EPS Operator to start the interconnection process for the
proposed DER system.
Table 4.1.Interconnection Application
Process Track Application
Simplified Simplified Interconnection Application
Fast Track Standard Interconnection Application
Study Standard Interconnection Application
The Area EPS Operator will provide all necessary Interconnection Applications,
Interconnection Process documents and sample interconnection agreements on its
website if possible. The Area EPS Operator will also accept Interconnection Applications
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submitted electronically either through a web portal or to an email address specified by
the Area EPS Operator. The Area EPS Operator may allow the Interconnection
Application to be submitted with an electronic signature.
4.2.Availability of Information
The Area EPS Operator will provide all necessary Interconnection Applications,
Interconnection Process documents and sample interconnection agreements on its
website if possible. If a website is not available, the applicable documents will be
readily avail
The Area EPS Operator will establish a public queue of active interconnection
applications on its website once the Area EPS Operator has received at least 40
completed Interconnection Applications in a year. The public queue will be updated, at
minimum, on a monthly basis.
4.3.Interconnection Application Process Fees
Each Interconnection Application submitted to the Area EPS Operator must include the
appropriate interconnection application process fee prior to the Area EPS Operator
reviewing the Interconnection Application. The required process fee for each process
track is listed in Table 4.2.
Table 4.2.Interconnection Application Process Fee
Process Track Process Fee
Simplified $100
5
Certified System $100 + $1/kW
Fast Track
Non-Certified System $100 + $2/kW
$1,000 + $2/kW down payment.
Study
Additional study fees may apply.
4.4.Application Review Timelines
The Interconnection Application shall be date- and time-stamped upon initial, and if
necessary, resubmission receipt. The Area EPS Operator shall notify the
Interconnection Customer if the Interconnection Application is deemed incomplete
within ten (10) Business Days. This notification shall include a written list detailing all
information that must be provided to complete the Interconnection Application.
Depending on the process track the Interconnection Customer has between five (5) and
ten (10) Business Days to provide the missing information unless additional time is
5
Additional information regarding certified equipment is found in Sections 14 and 15.
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requested with valid reasons. Failure to submit the requested information within the
stated timeline will result in the Interconnection Application being withdrawn.
An Interconnection Application will be deemed complete upon submission to the Area
EPS Operator when all documents, fees and information required with the
Interconnection Application adhering to Minnesota Technical Requirements are
included. The time- and date- stamp of the completed Interconnection Application shall
be accepted as the qualifying date for purposes of establishing a queue position as
described in Section 4.7.
Depending on the process track the Area EPS Operator has either a total of twenty (20)
Business Days or twenty-five (25) Business Days to complete the Interconnection
Application review and submit notice back to the Interconnection Customer stating the
proposed DER system may proceed with the interconnection process or the proposed
DER system requires additional engineering studies. The period of time when waiting
for the Interconnection Customer to provide missing information is not included in the
Business Days or twenty-five (25) Business Days
review timeline.
4.5.Comparability
The Area EPS Operator shall receive, process and analyze all Interconnection
Applications in a timely manner. The Area EPS Operator shall use the same Reasonable
Efforts in processing and analyzing Interconnection Applications from all
Interconnection Customers.
4.6.Changing Process Queues
During the review of the initially submitted Interconnection Application for the
proposed DER system, the Area EPS Operator may determine the proposed DER system
should be in a different process track. For proposed DER systems that are moved into a
different process track after submittal of the initial application, the difference between
the originally submitted processing fee and the current process track processing fee
will be assessed. In addition, the Area EPS Operator may request the Interconnection
Customer to provide additional information regarding the proposed DER system.
4.7.Queue Position
The Area EPS Operator shall maintain a single, administrative queue and may manage
the queue by geographical region. The queue position of each completed
Interconnection Application is used to determine the engineering review. The queue
position is also used to determine the cost responsibility for system upgrades necessary
to accommodate the interconnection.
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An Interconnection Application will retain its queue number even when it is moved into
a different process track. An Interconnection Application can lose its queue position if
the Interconnection Customer misses timelines in the applicable process track. The
Interconnection Customer and Area EPS Operator have the opportunity to request
timeline extensions which are explained in detail in Section 10.
4.8.Site Control
Documentation of site control must be submitted with the Interconnection Application.
Site control may be demonstrated by any of the following:
Ownership of, a leasehold interest in, or a right to develop a site for the purpose of
constructing the DER system.
An option to purchase or acquire a leasehold site for constructing the DER system.
An exclusivity or other business relationship between the Interconnection
Customer and the entity having the right to sell, lease, or grant to the
Interconnection Customer the right to possess or occupy a site for constructing the
DER system.
For DER in the Simplified Process, proof of site control may be demonstrated by the site
Simplified Interconnection Application.
5Pre-Application Report
5.1.Pre-Application Report Requests
The Interconnection Customer may submit a Pre-Application Report Request, including
a non-refundable fee of $300, for a Pre-Application Report on a proposed project at a
specific site. The Interconnection Customer must fill out the Pre-Application Request
form as completely as possible. The Area EPS Operator shall provide the readily
available data listed in Section 5.3 within fifteen (15) Business Days of receipt of a
completed request form and payment. The Pre-Application Report produced by the
Area EPS Operator is non-binding, does not confer any rights, and does not preclude
the Interconnection Customer from any interconnection process steps including
submission of the Interconnection Application.
5.2.Information Provided
Using the information provided in the Pre-Application Report Request form, the Area
EPS Operator will identify the substation/area bus, bank or circuit likely to serve the
proposed PCC. This selection by the Area EPS Operator does not necessarily indicate,
after application of the screens and/or study, that this would be the circuit the project
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ultimately connects to. The Interconnection Customer must request additional Pre-
Application Reports if information about multiple PCCs is requested.
The Pre-Application Report will only include existing data. A request for a Pre-
Application Report does not obligate the Area EPS Operator to conduct a study or other
analysis of the proposed DER in the event that data is not readily available. The Area
EPS Operator will provide the Interconnection Customer with the data that is available.
The confidentiality provisions in Section 12.1 apply to Pre-Application Reports.
5.3.Pre-Application Report Components
The Pre-Application Report shall include the following pieces of information provided
the data currently exists and is readily available.
Total capacity (in megawatts (MW)) of substation/area bus, bank or circuit based
on normal or operating ratings likely to serve the proposed Point of Common
Coupling.
Existing aggregate generation capacity (in MW) interconnected to a
substation/area bus, bank or circuit (i.e., amount of generation online) likely to
serve the proposed Point of Common Coupling.
Aggregate queued generation capacity (in MW) for a substation/area bus, bank or
circuit (i.e., amount of generation in the queue) likely to serve the proposed Point
of Common Coupling.
Available capacity (in MW) of substation/area bus or bank and circuit likely to
serve the proposed Point of Common Coupling (i.e., total capacity less the sum of
existing aggregate generation capacity and aggregate queued generation
capacity).
Substation nominal distribution voltage and/or transmission nominal voltage if
applicable.
Nominal distribution circuit voltage at the proposed Point of Common Coupling.
Approximate circuit distance between the proposed Point of Common Coupling
and the substation.
Relevant line section(s) actual or estimated peak load and minimum load data,
including daytime minimum load and absolute minimum load, when available.
Whether the Point of Common Coupling is located behind a line voltage regulator.
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Number and rating of protective devices and number and type (standard, bi-
directional) of voltage regulating devices between the proposed Point of Common
Coupling and the substation/area. Identify whether the substation has a load tap
changer.
Number of phases available on the Area EPS medium voltage system at the
proposed Point of Common Coupling. If a single phase, distance from the three-
phase circuit.
Limiting conductor ratings from the proposed Point of Common Coupling to the
distribution substation.
Whether the Point of Common Coupling is located on a spot network, grid
network, or radial supply.
Based on the proposed Point of Common Coupling, existing or known constraints
such as, but not limited to, electrical dependencies at that location, short circuit
interrupting capacity issues, power quality or stability issues on the circuit,
capacity constraints, or secondary networks.
6Capacity of the Distributed Energy Resources
6.1.Existing DER System Expansion
If the Interconnection Application is for an increase in capacity to an existing DER
system, the Interconnection Application shall be evaluated on the basis of the total
new alternating current (AC) capacity of the DER. The maximum capacity for the DER
shall be the aggregate maximum Nameplate Rating unless the conditions in Section 6.3
are met.
6.2.New DER Systems
An Interconnection Application for a DER that includes multiple energy production
devices, (i.e. solar and storage), at a site for which the Interconnection Customer seeks
a simple Point of Common Coupling, shall be evaluated on the basis of the aggregated
maximum Nameplate Rating unless the conditions in Section 6.3 are met.
6.3.Limited Capacity
A DER system may include devices, (i.e. control systems, power relays or other similar
device settings), that can limit the maximum capacity at which the DER system can
capacity limited devices, the Interconnection Customer must obtain the Area EPS
s agreement to consider the DER system with the Nameplate Rating as the
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limited capacity. unreasonably
withheld provided proper documentation is provided showing the effective limit active
power output will not adversely affect the safety and reliability of the Area EPS
Interconnection Application must be withdrawn or revised to specify the maximum
capacity that the DER system is capab
distribution system without such limitations. Nothing in this section shall prevent the
Area EPS Operator from considering a higher output, (i.e. aggregate Nameplate Rating),
if the limitations do not provide adequate assurance, when evaluating the system
impacts.
7Modification to Interconnection Applications
7.1.Procedures
At any time after the Interconnection Application is deemed complete, the
Interconnection Customer or the Area EPS Operator may identify modifications to the
proposed DER system that may improve costs and benefits (including reliability) of the
proposed DER system and the ability for the Area EPS Operator to accommodate the
proposed DER system. The Interconnection Customer shall submit to the Area EPS
Operator in writing all proposed modifications to any information provided in the
Interconnection Application. The Area EPS Operator cannot unilaterally modify the
Interconnection Application.
Additional information regarding modifications to interconnection applications is found
in each process track document.
8Interconnection Agreements
8.1.Timelines
After the Interconnection Application has been approved by the Area EPS Operator, the
Area EPS Operator shall provide the Interconnection Customer with an executable
Interconnection Agreement within five (5) Business Days. The Interconnection
Customer shall have thirty (30) Business Days to sign and return the Interconnection
Agreement to the Area EPS Operator. The Area EPS Operator shall sign the
Interconnection Agreement within five (5) business days after receiving the signed
Interconnection Agreement from the Interconnection Customer.
If the Interconnection Customer fails to return a signed Interconnection Agreement to
the Area EPS Operator within thirty (30) Business Days and fails to request an extension
as explained in Section 10, the Interconnection Application will be deemed withdrawn.
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8.2.Types of Agreements
There are two main types of Interconnection Agreements that may be executed with
an approved Interconnection Application. In general, Interconnection Customers with a
proposed DER system that qualifies for the Simplified Process track will sign the Area
EPUniform Contract for Cogeneration and Small Power Production
Facilities (Uniform Contract). Proposed DER systems less than 100 kW that are under
the Fast Track process may also sign the Uniform Contract. All other sized DER system
will sign the Municipal Minnesota Interconnection Agreement (MMIA). Area EPS
Operators who do not purchase the excess generation of the proposed DER system will
also require the MMIA to be executed for any size of DER system.
Table 8.1.Interconnection Agreements
Process Track Interconnection Agreement
Simplified Uniform Contract
Qualifies for Net Energy Billing Uniform Contract
Less than 100 kW & Area EPS Agrees
Fast Track Uniform Contract
to Purchase Excess Generation
All Other DER systems MMIA
Study MMIA
Interconnection Customers may choose to sign the MMIA in lieu of the Uniform
Contact. A separate power purchase agreement will also need to be executed if the
Uniform Contract is not utilized. Interconnection of the proposed DER system will not
occur until a signed Uniform Contract or the MMIA is returned to the Area EPS
Operator no later than five (5) days prior to scheduled testing and inspection.
9Interconnection
9.1.Metering
Any metering requirements necessitated by the use of the DER system shall be installed
included in the final invoice of interconnection costs to the Interconnection Customer.
The Interconnection Customer is also responsible for metering replacement costs not
Operator may charge Interconnection Customers an ongoing metering-related charge
for an estimate of ongoing metering-related costs specifically demonstrated.
9.2.Inspection, Testing and Commissioning
The Interconnection Customer shall arrange for the inspection and testing of the DER
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to Minnesota Technical Requirements. Commissioning tests of the Interconnection
and Section 15.
The Interconnection Customer shall notify the Area EPS Operator of testing and
inspection no fewer than five (5) Business Days in advance, or as may be agreed to by
the Parties. Depending on the process track, either a Certificate of Completion or a
testing procedure shall be submitted to the Area EPS Operator prior to the testing and
inspection date. The Area EPS Operator shall send qualified personnel to the DER site
to inspect the interconnection and witness the testing. Testing and inspection shall
occur on a Business Day at a mutually agreed upon time and date. The Area EPS
Operator may waive the right to witness the testing.
9.3.Interconnection Costs
The Interconnection Customer shall pay for the actual cost of the Interconnection
commission the proposed DER system. An estimate of the interconnection costs shall
be stated in the Uniform Contract or MMIA.
9.4.Technical Requirements
The Area EPS Operator shall use Reasonable Efforts to provide the Interconnection
Customer the Minnesota Technical Requirements by providing the document with the
notice of approval of the interconnection application or by providing a website link to
the document. Additionally, the Area EPS Operator shall notify the Interconnection
Customer of any changes to these requirements as soon as they are known. Unless
notified by the Area EPS Operator, the Interconnection Customer only needs to be in
compliance with the current version of the Minnesota Technical Requirements at the
time of interconnection.
9.5.Authorization for Parallel Operations
The Interconnection Customer shall not operate its DER system in parallel with the
tion system without prior written authorization from the
Area EPS Operator. The Area EPS Operator shall provide such authorization within
three (3) Business Days from when the Area EPS Operator receives notification that the
Interconnection Customer has complied with all applicable parallel operations
requirements; the completion of a successful testing and inspection of the DER system
and all payments for issued bills related to the interconnection process that are past
due have been paid in full. Such authorization shall not be unreasonably withheld,
conditioned or delayed.
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10Extension of Timelines
10.1.Reasonable Efforts
The Area EPS Operator shall make Reasonable Efforts to meet all time frames provided
in these procedures. If the Area EPS Operator cannot meet a deadline provided herein,
it must notify the Interconnection Customer in writing within three (3) Business Days
after the deadline to explain the reason for the failure to meet the deadline and
provide an estimated time by which it will complete the applicable interconnection
procedure in the process.
10.2.Extensions
For applicable time frames described in these procedures, the Interconnection
Customer may request, in writing, one extension equivalent to half of the time
originally allotted (e.g., ten (10) Business Days for a twenty (20) Business Days original
time frame) which the Area EPS Operator may not unreasonably refuse. No further
extensions for the applicable time frame shall be granted absent a Force Majeure Event
or other similarly extraordinary circumstance.
11Disputes
11.1.Procedures
The Parties agree to make good faith efforts to attempt to resolve all disputes arising
out of the interconnection process and associated study and Interconnection
Agreements. The Parties agree to follow the established dispute resolution policy
adopted by the Area EPS Operator.
12Clauses
12.1.Confidentiality
Confidential Information shall mean any confidential and/or proprietary information
provided by one Party to the other Party that is clearly marked or otherwise designated
metering data provided by the Interconnection Customer may be deemed Confidential
Information regardless of whether it is clearly marked or otherwise designated as such.
If requested by either Party, the other Party shall provide in writing the basis for
asserting that the information warrants confidential treatment. Parties providing a
Governmental Authority trade secret, or privileged or otherwise not public or
nonpublic data under Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, shall identify such data consistent
1999 Revised Procedures for Handling Trade Secret and Privileged Data available online
at: https://mn.gov/puc/puc-documents/#4.
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Confidential Information does not include information previously in the public domain
with proper authorization, required to be publicly submitted or divulged by
Governmental Authorities (after notice to the other Party and after exhausting any
opportunity to oppose such publication or release), or necessary to be publicly divulged
in an action to enforce these procedures. Each Party receiving Confidential Information
shall hold such information in confidence and shall not disclose it to any third party nor
to the public without prior written authorization from the Party providing that
information, except to fulfill obligations under these procedures, or to fulfill legal or
regulatory requirements that could not otherwise be fulfilled by not making the
information public.
Each Party shall hold in confidence and shall not disclose Confidential Information, to
any person (except employees, officers, representatives and agents, who agree to be
bound by this section). Confidential Information shall be clearly marked as such on
each page or otherwise affirmatively identified. If a court, government agency or entity
with the right, power, and authority to do so, requests or requires either Party, by
subpoena, oral disposition, interrogatories, requests for production of documents,
administrative order, or otherwise, to disclose Confidential Information, that Party shall
provide the other Party with prompt notice of such request(s) or requirements(s) so
that the other Party may seek an appropriate protective order or waive compliance
with the terms of this Agreement. In the absence of a protective order or waiver the
Party shall disclose such confidential information which, in the opinion of its counsel,
the party is legally compelled to disclose. Each Party will use reasonable efforts to
obtain reliable assurance that confidential treatment will be accorded to any
confidential information furnished.
Critical infrastructure information or information that is deemed or otherwise
designated by a Party as Critical Energy/Electric Infrastructure Information (CEII)
pursuant to FERC regulation, 18 C.F.R. §388.133, as may be amended from time to
time, may be subject to further protections for disclosure as required by FERC or FERC
least the same standard of care to protect Confidential Information obtained from the
other Party as it employs to protect its own Confidential Information.
Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its rights
under this provision to prevent the release of Confidential Information without bond or
proof of damages and may seek other remedies available at law or in equity for breach
of this provision.
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12.2.Non-Warranty
The Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, operated, installed or maintained by the Interconnection
Customer, including without limitation the DER and any structures, equipment, wires,
appliances or devices not owned, operated or maintained by the Area EPS Operator.
The Area EPS Operator does not guarantee uninterrupted power supply to the DER and
will operate the Distribution System with the same reliability standards for the entire
customer base.
12.3.Indemnification
Each Party is protected from liability incurred to third parties as a result of carrying out
the provisions of this interconnection process and subsequent interconnection
agreements. The Parties shall at all times indemnify, defend, and save the other Party
harmless from, any and all damages, losses, 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
of its obligations under this agreement on behalf of the indemnifying Party, except in
cases of gross negligence or intentional wrongdoing by the indemnified Party.
This indemnification obligation shall apply notwithstanding any negligent or intentional
to indemnify the indemnified Party shall be reduced in proportion to the percentage by
ent or intentional acts, errors or omissions caused
the damages.
Neither Party shall be indemnified for its damages resulting from its sole negligence,
intentional acts or willful misconduct. These indemnity provisions shall not be
construed to relieve any insurer of its obligation to pay claims consistent with the
provisions of a valid insurance policy.
If an indemnified person is entitled to indemnification under this article as a result of a
claim by a third party, and the indemnifying Party fails, after notice and reasonable
opportunity to proceed under this article, to assume the defense of such claim, such
indemnified person may at the expense of the indemnifying Party contest, settle or
consent to the entry of any judgment with respect to, or pay in full, such claim.
If an indemnifying party is obligated to indemnify and hold any indemnified person
harmless under this article, the amount owing to the indemnified person shall be the
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recovery.
Promptly after receipt by an indemnified person of any claim or notice of the
commencement of any action or administrative or legal proceeding or investigation as
to which the indemnity provided for in this article may apply, the indemnified person
shall notify the indemnifying party of such fact. Any failure of or delay in such
delay is materially prejudicial to the indemnifying party.
12.4. Limitation of Liability
ct or
omission in its performance of this Agreement, shall be limited to the amount of direct
damage actually incurred. In no event shall either party be liable to the other party for
an indirect, incidental, special, consequential, or punitive damages of any kind
whatsoever, except as allowed under in Section 12.3.
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13Glossary
Affected System
System, or Transmission System connected generation which may be affected by the proposed
interconnection.
Applicant Agent A person designated in writing by the Interconnection Customer to represent
the interconnection process.
Area EPS The electric power distribution system connected at the Point of Common Coupling.
Area EPS Operator An entity that owns, controls, or operates the electric power distribution
systems that are used for the provision of electric service in Minnesota. For this Interconnection
Process the Area EPS Operator is Elk River Municipal Utilities.
Business Day Monday through Friday, excluding Holidays as defined by Minn. Stat. §645.44,
Subdivision 5. Any communication to have been sent or received after 4:30 p.m. Central
Prevailing Time or on a Saturday, Sunday or holiday shall be considered to have been sent on
the next Business Day.
Certified Equipment Certified equipment is equipment that has been tested by a nationally
recognized lab meeting a specific standard. For DER systems, a UL 1741 listing is a common
form of DER inverter certification. Additional information is contained in Sections 14 and 15.
Confidential Information Any confidential and/or proprietary information provided by one
. All
procedures, design, operating specifications, and metering data provided by the
Interconnection Customer may be deemed Confidential Information. See Section 12.1 for
further information.
Distributed Energy Resource (DER) A source of electric power that is not directly connected
to a bulk power system or central station service. DER includes both generators and energy
storage technologies capable of exporting active power to an EPS. An interconnection system or
a supplemental DER device that is necessary for compliance with this standard is part of a DER.
For the purpose of the Interconnection Process and interconnection agreements, the DER
Interconnection Facilities.
Distribution System The Area EPS facilities which are not part of the Local EPS, Transmission
System or any generation system.
Distribution Upgrades The additions, modifications, and upgrades to the Distribution System
at or beyond the Point of Common Coupling to facilitate interconnection of the DER and render
Distribution System. Distribution Upgrades do not include Interconnection Facilities.
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Electric Power System (EPS) The facilities that deliver electric power to a load.
Fast Track Process The procedure as described in the Interconnection Process - Fast Track
Process for evaluating an Interconnection Application for a DER that meets the eligibility
requirements of Section 3.4.
Force Majeure Event An act of God, labor disturbance, act of the public enemy, war,
insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
equipment, an order, regulation or restriction imposed by governmental, military or lawfully
established civilian
Event does not include an act of negligence or intentional wrongdoing.
Good Utility Practice Any of the practices, methods and acts engaged in or approved by a
significant portion of the electric industry during the relevant time period, or any of the
practices, methods and act which, in the exercise of reasonable judgment in light of the facts
known at the time the decision was made, could have been expected to accomplish the desired
result at a reasonable cost consistent with good business practices, reliability, safety and
expedition. Good Utility Practice is not intended to be limited to the optimum practice, method,
or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts
generally accepted in the region.
Governmental Authority Any federal, state, local or other governmental regulatory or
administrative agency, court, commission, department, board, or other governmental
subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
jurisdiction over the Parties, their respective facilities, or the respective services they provide,
and exercising or entitled to exercise any administrative, executive, police, or taxing authority
or power; provided, however, that such term does not include the Interconnection Customer,
the Area EPS Operator, or any Affiliate thereof. The governing authority of the municipal utility
is the authority governing interconnection requirements unless otherwise provided for in the
Minnesota Technical Requirements.
Interconnection Agreement The terms and conditions between the Area EPS Operator and
Interconnection Customer (Parties). See Section 8 for when the Uniform Contract or Municipal
Minnesota Interconnection Agreement applies.
Interconnection Application The Standard or Simplified Interconnection Application, as
applicable, pursuant to Section 4.
Interconnection Customer The person or entity, including the Area EPS Operator, who will be
the owner of the DER and who
Distribution System. The Interconnection Customer is responsible for ensuring the DER(s) is
designed, operated and maintained in compliance with the Minnesota Technical Requirements.
Interconnection Facilities
nection Facilities. Collectively, Interconnection Facilities
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
include all facilities and equipment between the DER and the Point of Common Coupling,
including any modification, additions or upgrades that are necessary to physically and
electrically intercon
Customer Interconnection Facilities include supplemental DER devices, inverters, and
associated wiring and cables up to the Point of DER Connection. Some examples of Area EPS
Operator Interconnection Facilities include sole use facilities; such as, line extensions, controls,
relays, switches, breakers, transformers and shall not include Distribution Upgrades or Network
Upgrades.
Interconnection Process standards in this
document.
Material Modification A modification to machine data, equipment configuration or to the
interconnection site of the DER at any time after receiving notification by the Area EPS
Operator of a complete Interconnection Application that has a material impact on the cost,
timing, or design of any Interconnection Facilities or Upgrades, or a material impact on the cost,
timing or design of any Interconnection Application with a later Queue Position or the safety or
6
reliability of the Area EPS.
MN Technical Requirements The term including all of the DER technical interconnection
requirement documents for the state of Minnesota; including Attachment 2 Distributed
Generation Interconnection Requirements established in the Commissio
Order in E-999/CI-01-1023) until superseded and upon Commission approval of updated
Minnesota DER Technical Interconnection and Interoperability Requirements in E-999/CI-16-
521 (anticipated July 2019.)
Nameplate Rating nominal voltage (V), current (A), maximum active power (kWac), apparent
power (kVA), and reactive power (kVar) at which a DER is capable of sustained operation. For a
Local EPS with multiple DER units, the aggregate nameplate rating is equal to the sum of all
DERs nameplate rating in the Local EPS. For purposes of the Attachment V in the
6
A Material Modification shall include, but may not be limited to, a modification from the approved
Interconnection Application that: (1) changes the physical location of the point of common coupling such that it is
likely to have an impact on technical review; (2) increases the nameplate rating or output characteristics of the
Distributed Energy Resource; (3) changes or replaces generating equipment, such as generator(s), inverter(s),
transformers, relaying, controls, etc., and substitutes equipment that is not like-kind substitution in certification, size,
ratings, impedances, efficiencies or capabilities of the equipment; (4) changes transformer connection(s) or
grounding; and/or (5) changes to a certified inverter with different specifications or different inverter control settings
or configuration. A Material Modification shall not include a modification from the approved Interconnection
Application that: (1) changes the ownership of a Distributed Energy Resource; (2) changes the address of the
Distributed Energy Resource, so long as the physical point of common coupling remains the same; (3) changes or
replaces generating equipment such as generator(s), inverter(s), solar panel(s), transformers, relaying, controls, etc.
and substitutes equipment that is a like-kind substitution in certification, size, ratings, impedances, efficiencies or
capabilities of the equipment; and/or (4) increases the DC/AC ratio but does not increase the maximum AC output
capability of the Distributed Energy Resource in a way that is likely to have an impact on technical review.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
limited thought use of control systems, power relays or similar device settings or adjustments
as identified in IEEE 1547. The nameplate ratings referenced in the Interconnection Process are
alternating current nameplate DER ratings at the Point of DER Coupling.
Network Upgrades Additions, modifications, and upgrades to the Transmission System
Network Upgrades do not include Distribution Upgrades.
Operating Requirements Any operating and technical requirements that may be applicable
Requirements, including those set forth in the Interconnection Agreement.
Party or Parties The Area EPS Operator and the Interconnection Customer.
Point of Common Coupling (PCC) The point where the Interconnection Facilities connect with
po
the National Electrical Safety Code.
Figure 1: Point of Common Coupling and Point of DER Connection (Source: IEEE 1547)
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Point of DER Connection (PoC) When identified as the Reference Point of Applicability, the
point where an individual DER is electrically connected in a Local EPS and meets the
requirements of this standard exclusive of any load present in the respective part of the Local
EPS (e.g. terminals of the inverter when no supplemental DER device is required). For DER
unit(s) that are not self-sufficient to meet the requirements without a supplemental DER
device(s), the Point of DER Connection is the point where the requirements of this standard are
met by DER in conjunction with a supplemental DER device(s) exclusive of any load present in
the respective part of the Local EPS.
Queue Position The order of a valid Interconnection Application, relative to all other pending
valid Interconnection Applications, that is established based upon the date- and time- of receipt
of the complete Interconnection Application as described in Section 4.7.
Reasonable Efforts With respect to an action required to be attempted or taken by a Party
under these procedures, efforts that are timely and consistent with Good Utility Practice and
are otherwise substantially equivalent to those a Party would use to protect its own interests.
Reference Point of Applicability The location, either the Point of Common Coupling or the
Point of DER Connection, where the interconnection and interoperability performance
requirements specified in IEEE 1547 apply. With mutual agreement, the Area EPS Operator and
Customer may determine a point between the Point of Common Coupling and Point of DER
Connection. See Minnesota Technical Requirements for more information.
Simplified Process The procedure for evaluating an Interconnection Application for a certified
inverter-based DER no larger than 20 kW that uses the screens described in the Interconnection
Process Simplified Process document. The Simplified Process includes simplified procedures.
Study Process The procedure for evaluating an Interconnection Application that includes the
scoping meeting, system impact study, and facilities study.
Transmission Owner The entity that owns, leases or otherwise possesses an interest in the
portion of the Transmission System relevant to the Interconnection.
Transmission Provider The entity (or its designated agent) that owns, leases, controls, or
operates transmission facilities used for the transmission of electricity. The term Transmission
Provider includes the Transmission Owner when the Transmission Owner is separate from the
Transmission Provider. The Transmission Provider may include the Independent System
Operator or Regional Transmission Operator.
Transmission System The facilities owned, leased, controlled or operated by the Transmission
Provider or the Transmission Owner that are used to provide transmission service. See the
Transmission from Generation and Distribution Assets in Docket No. E-999/CI-99-1261.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Uniform Contract
Production Facilities (Uniform Contract) that may be applied to all qualifying new and existing
interconnections between the Area EPS Operator and a DER system having capacity less than
40 kilowatts.
Upgrades
or Distribution System at or beyond the Point of Interconnection. Upgrades may be Network
Upgrades or Distribution Upgrades. Upgrades do not include Interconnection Facilities.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
14Certification of DER Equipment
Distributed Energy Resource (DER) equipment proposed for use in an interconnection system
shall be considered certified for interconnected operation if the following criteria is met:
1)It has been tested in accordance with industry standards for continuous utility
interactive operation in compliance with the appropriate codes and standards
referenced below by any Nationally Recognized Testing Laboratory (NRTL) recognized by
the United States Occupational Safety and Health Administration to test and certify
interconnection equipment pursuant to the relevant codes and standards listed in the
Overview Process,
2)It has been labeled and is publicly listed by such NRTL at the time of the interconnection
application, and
3)Such NRTL makes readily available for verification all test standards and procedures it
utilized in performing such equipment certification, and, with consumer approval, the
test data itself. The NRTL may make such information available on its website and by
accompanying the equipment.
The Interconnection Customer must verify that the assembly and use of the equipment falls
within the use or uses for which the equipment was tested, labeled, and listed by the NRTL.
Certified equipment shall not require further type-test review, testing, or additional equipment
to meet the requirements of this interconnection procedure; however, nothing herein shall
preclude the need for a DER Design Evaluation or an on-site commissioning test by the parties
to the interconnection as provided for in the Minnesota Technical Requirements.
If the certified equipment package includes only interface components (switchgear, inverters,
or other interface devices), then an Interconnection Customer must show that the generator or
other electric source being utilized with the equipment package is compatible with the
equipment package and is consistent with the testing and listing specified for this type of
interconnection equipment.
Provided the generator or electric source, when combined with the equipment package, is
within the range of capabilities for which it was tested by the NRTL and does not violate the
in-test review,
testing or additional equipment on the customer side of the Point of Common Coupling shall be
required to be considered certified for the purposes of this interconnection procedure;
however, nothing herein shall preclude the need for a DER design evaluation or an on-site
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
commissioning test by the parties to the interconnection as provided for in the Minnesota
Technical Requirements.
An equipment package does not include equipment provided by the Area EPS.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
15Certification Codes and Standards
The existing Minnesota Technical Requirements and the following standards shall be used in
conjunction with the Interconnection Process. The process has started to update the Technical
Requirements to meet IEEE 1547-2018. Once that process is completed, the updated DER
Technical Interconnection and Interoperability Requirements will supersede this section.
When the stated version of the following standards is superseded by an approved revision then
that revision shall apply:
IEEE 1547-2003 IEEE Standard for Interconnecting Distributed Resources with Electric
Power Systems
IEEE 1547a-2014 IEEE Standard for Interconnecting Distributed Resources with Electric
Power Systems Amendment 1
IEEE 1547.1-2005 IEEE Standard Conformance Test Procedures for Equipment
Interconnecting Distributed Resources with Electric Power Systems
IEEE 1547.1a-2015 (Amendment to IEEE Std 1547.1-2005) IEEE Standard Conformance
Test Procedures for Equipment Interconnecting Distributed Resources with Electric
Power Systems Amendment 1
UL 1741 Inverters, Converters, Controllers, and Interconnection System Equipment for
Use in Distributed Energy Resources (2010)
NFPA 70 (2017), National Electrical Code
IEEE Std C37.90.1 (2012) (Revision of IEEE Std C37.90.1-2002), IEEE Standard for Surge
Withstand Capability (SWC) Tests for Protective Relays and Relay Systems Associated
with Electric Power Apparatus
IEEE Std C37.90.2 (2004) (Revision of IEEE Std C37.90.2-1995), IEEE Standard for
Withstand Capability of Relay Systems to Radiated Electromagnetic Interference from
Transceivers
IEEE Std C37.108-20021989 (Revision of C37.108-19892002), IEEE Guide for the
Protection of Network Transformers
IEEE Std C57.12.44-2014 (Revision of IEEE Std C57.12.44-2005), IEEE Standard
Requirements for Secondary Network Protectors
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
IEEE Std C62.41.2-2002, IEEE Recommended Practice on Characterization of Surges in
Low-Voltage (1000 V and Less) AC Power Circuits
IEEE Std C62.41.2-2002_Cor 1-2012 (Corrigendum to IEEE Std C62.41.2-2002) IEEE
Recommended Practice on Characterization of Surges in Low-Voltage (1000 V and Less)
AC Power Circuits Corrigendum 1: Deletion of Table A.2 and Associated Text
IEEE Std C62.45-2002 (Revision of IEEE Std C62.45-1992) IEEE Recommended Practice
on Surge Testing for Equipment Connected to Low-Voltage (1000 V and less) AC Power
Circuits
ANSI C84.1-(2016) Electric Power Systems and Equipment Voltage Ratings (60 Hertz)
IEEE Standards Dictionary Online, \[Online\]
NEMA MG 1-2016, Motors and Generators
IEEE Std 519-2014, IEEE Recommended Practices and Requirements for Harmonic
Control in Electrical Power Systems
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
Information
for interconnecting Distributed Energy
Resources of up to 20 kilowatts in size to the
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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1 Applicability ......................................................................................................................... 1
1.1. Capacity Limit ................................................................................................................... 1
1.2. Certified Inverters ............................................................................................................ 1
2 Application Submission ....................................................................................................... 1
2.1. Simplified Process Application ......................................................................................... 1
2.2. Battery Storage ................................................................................................................ 1
2.3. Site Control ....................................................................................................................... 2
3 Application Review ............................................................................................................. 2
3.1. Timelines .......................................................................................................................... 2
3.2. Initial Review Screens ....................................................................................................... 3
3.3. Notification of Approval of Application ........................................................................... 4
3.4. Failure of Review Screens ................................................................................................ 4
4 Interconnection Agreement................................................................................................ 5
4.1. Uniform Contract ............................................................................................................. 5
4.2. Municipal Minnesota Interconnection Agreement ......................................................... 5
4.3. Completion of Agreement ................................................................................................ 5
5 Insurance ............................................................................................................................. 6
5.1. Insurance Requirements .................................................................................................. 6
5.2. Self-Insurance ................................................................................................................... 6
5.3. Proof of Insurance ............................................................................................................ 6
6 Timeline Extensions ............................................................................................................ 7
6.1. Reasonable Efforts ........................................................................................................... 7
6.2. Extensions ........................................................................................................................ 7
7 Modifications to Application .............................................................................................. 7
7.1. Procedures ....................................................................................................................... 7
7.2. Timelines .......................................................................................................................... 7
8 Interconnection ................................................................................................................... 8
8.1. Metering ........................................................................................................................... 8
8.2. Construction ..................................................................................................................... 8
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
8.3. Inspection, Testing and Commissioning ........................................................................... 8
8.4. Interconnection Costs ...................................................................................................... 9
8.5. Authorization for Parallel Operation .............................................................................. 10
8.6. Continual Compliance .................................................................................................... 10
8.7. Disconnection of DER ..................................................................................................... 10
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
1Applicability
1.1.Capacity Limit
The Simplified Process only is applicable to certified inverter-based Distributed Energy
Resource (DER) systems with the capacity of 20 kW AC or less. The capacity is
determined by the aggregated summation of the Nameplate Rating of the inverters
that make up the DER system. Additional information regarding the capacity limits can
be seen in Section 6 of the Process Overview document.
1.2.Certified Inverters
A certified inverter will have certification of meeting the current version of the IEEE
standard 1547. A common inverter certification is UL 1741. Note that certified inverters
may still need to have a setting adjusted to meet the technical requirements of the
Area EPS Operator. Additional information regarding certified equipment is found in
Section 14 and Section 15 of the Process Overview document.
2Application Submission
2.1.Simplified Process Application
The Interconnection Customer shall complete the Simplified Interconnection
Application and submit it to the Area EPS Operator to initialize the Interconnection
Process. A completed Simplified Interconnection Application will include the following:
A completed Simplified Interconnection Application signed by the
Interconnection Customer,
A non-refundable processing fee of $100,
An aerial site layout drawing of the proposed DER system,
A one-line diagram of the proposed DER system showing the point of common
coupling, PCC, Distribution System, and
All certified equipment manufacturer specification sheets.
2.2.Battery Storage
An inverter-based DER system may include battery storage. DER systems that include
battery storage must also complete the Energy Storage Application with the Simplified
Interconnection Application.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
2.3.Site Control
By signing the Simplified Interconnection Application, the Interconnection Customer is
indicating that the proposed DER system is being located where the Interconnection
Customer has site control. Site control includes ownership of, a leasehold interest in, or
a right to develop a site for the purpose of construction of a DER. Additional
information regarding Site Control can be reviewed in the Process Overview document
in Section 4.8.
3Application Review
3.1.Timelines
The Interconnection Application shall be date- and time-stamped upon initial, and if
necessary, resubmission receipt. The Interconnection Customer shall be notified of
receipt by the Area EPS Operator within ten (10) Business Days of receipt of the
Interconnection Application.
The Area EPS Operator shall notify the Interconnection Customer if the Interconnection
Application is deemed incomplete within ten (10) Business Days and provide a written
list detailing all information that must be provided to complete the Interconnection
Application. The Interconnection Customer has five (5) Business Days to provide the
missing information unless additional time is requested with valid reasons. Failure to
submit the requested information within the stated timeline will deem the
Interconnection Application withdrawn. The Area EPS Operator has an additional five
(5) Business Days to review the additionally provided information for completeness.
An Interconnection Application will be deemed complete upon submission to the Area
EPS Operator provided all documents, fees and information required with the
Interconnection Application adhering to Minnesota Technical Requirements is
included. The time- and date- stamp of the completed Interconnection Application shall
be accepted as the qualifying date for the purpose of establishing a queue position as
described in Section 4.7 of the Overview Process document.
The Area EPS Operator has a total of twenty (20) Business Days to complete the
Interconnection Application review from the receipt of a completed Interconnection
Application and submit notice back to the Interconnection Customer stating the
proposed DER system may proceed with the interconnection process or the proposed
DER system has been moved into a different process track. The time during which the
Interconnection Customer provides missing information is not included in the Area EPS
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
3.2.Initial Review Screens
The Area EPS Operator shall determine if the DER can be interconnected safely and
reliably using Initial Review Screens and without the construction of facilities by the
Area EPS Operator. The Initial Review screens include the following engineering
screens:
PCC must be on a portion of t
Distribution System.
For interconnection of a proposed DER to a radial distribution circuit, the
aggregated generation, including the proposed DER, on the circuit shall not
exceed 15% of the line section annual peak load as most recently measured or
100% of the substation aggregated minimum load. A line section is that portion
automatic sectionalizing devices or the end of the distribution line. The Area
EPS Operator may consider 100% of applicable loading (i.e. daytime minimum
load for solar), if available, instead of 15% of line section peak load.
For interconnection of a proposed DER to the load side of network protectors,
the proposed DER must utilize an inverter-based equipment package and,
together with the aggregated other inverter-based DERs, shall not exceed the
1
The proposed DER, in aggregation with other DERs on the distribution circuit,
current at the point on the high voltage (primary) level nearest the proposed
PCC.
The proposed DER, in aggregate with other Distributed Energy Resources on the
distribution circuit, shall not cause any distribution protective devices and
equipment (including, but not limited to, substation breakers, fuse cutouts, and
line reclosers), or Interconnection Customer equipment on the system to
exceed 87.5% of the short circuit interrupting capability; nor shall the
interconnection be proposed for a circuit that already exceeds 87.5% of the
short circuit interrupting capability.
1
Network protectors are protective devices used on secondary networks (spot and grid networks) to
automatically disconnect their associated transformers when reverse power flow occurs. Secondary
networks are most often used in densely populated downtown areas.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Using the table below, determine the type of interconnection to a primary
distribution line. This screen includes a review of the type of electrical service
provided to the Interconnecting Customer, including line configuration and the
transformer connection to limit the potential for creating over-voltages on the
er system due to a loss of ground during the
operating time of any anti-islanding function.
Primary Distribution Type of Interconnection to
Results
Line Type Primary Distribution Line
Three-Phase, three wire Three-phase or single-phase,
Pass Screen
phase-to-phase
Three-phase, four wire Effectively-grounded three-phase
Pass Screen
or single-phase, line-to-neutral
If the proposed DER is to be interconnected on single-phase shared secondary,
the aggregate generation capacity on the shared secondary, including the
proposed DER, shall not exceed 20 kW or 65% of the transformer nameplate
rating.
If the proposed DER is single-phase and is to be interconnected on a center tap
neutral of a 240-volt service, its addition shall not create an imbalance between
the two sides of the 240-volt service of more than 20% of the nameplate rating
of the service transformer.
The technical screens listed shall not preclude the Area EPS Operator from using tools
that perform screening functions using different methodologies given the analysis is
aimed at preventing the voltage, thermal and protection limitations as the listed
screen.
3.3.Notification of Approval of Application
Provided the Simplified Interconnection Application passes the initial screens, or if the
proposed interconnection fails the screens but the Area EPS Operator determines that
the DER may never the less be interconnected consistent with safety, reliability and
power quality standards, the Area EPS Operator shall provide notice to the
Interconnection Customer that their Simplified Interconnection Application has been
approved.
3.4.Failure of Review Screens
If the proposed interconnection fails the screens the Interconnection Customer will be
notified by the Area EPS Operator that the Simplified Interconnection Application has
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
been moved to the Fast Track Process. The Area EPS Operator shall provide the
Interconnection Customer the opportunity to attend a customer options meeting.
Additional information regarding the customer options meeting is found in Section 3.5
of the Fast Track Process document. The Interconnection Customer will need to
provide a completed Interconnection Application to the Area EPS Operator prior to, or
at the customer options meeting.
The Area EPS Operator shall notify the Interconnection Customer of the determination
and provide copies of all directly pertinent data and analyses underlying its conclusion,
subjected to confidentiality provisions in Section 12.1 of the Overview Process
document.
4Interconnection Agreement
4.1.Uniform Contract
The Area EPS Operator shall provide the Interconnection Customer with an executable
Contract for Cogeneration and Small Power Production
Facilities (Uniform Contract) within five (5) Business Days of notice of approval of the
Simplified Interconnection Application.
4.2.Municipal Minnesota Interconnection Agreement
The Interconnection Customer may request on the Simplified Interconnection
Municipal Minnesota
Interconnection Agreement (MMIA) in lieu of signing the Uniform Contract. If the
MMIA is requested, the Area EPS Operator shall provide an executable copy of the
MMIA within five (5) Business Days of notice of approval of the Simplified
Interconnection Application.
4.3.Completion of Agreement
The Interconnection Customer must return a signed Uniform Contract or MMIA at least
thirty (30) Business Days prior to a requested in-service date of the propose DER. The
Area EPS Operator shall sign and return a copy of the fully executed Uniform Contract
or the MMIA back to the Interconnection Customer.
The Interconnection Customer may update the requested in-service date submitted on
the Simplified Interconnection Application to a date thirty (30) Business Days or later
from the date on which the Interconnection Customer submits a signed Uniform
Contract or MMIA and payment, if required, unless the Area EPS Operator agrees to an
earlier date.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Upon receipt of the signed Uniform Contract or MMIA, the Area EPS Operator may
schedule appropriate metering replacements and construction of facilities, if necessary.
5Insurance
5.1.Insurance Requirements
At minimum, the Interconnection Customer shall maintain, for the duration the DER
Distribution System, $300,000 of
general liability insurance from a qualified insurance agency with a B+ or better rating
. Such general liability insurance shall include coverage against claims for
damages resulting from (i) bodily injury, including wrongful death; and (ii) property
damage arising out of the Inte
the DER under this agreement. Evidence of the insurance shall state that coverage
provided is primary and is not excess to or contributing with any insurance or self-
insurance by the Area EPS Operator.
5.2.Self-Insurance
The Interconnection Customer may choose to be self-insured provided there is an
established record of self-insurance. The Interconnection Customer shall supply the
Area EPS Operator at least twenty (20) days prior to the date of initial operation,
evidence of an acceptable plan to self-insure to a level of coverage equivalent to that
required in Section 5.1. Failure of the Interconnection Customer or the Area EPS
Operator to enforce the minimum levels of insurance does not relieve the
Interconnection Customer from maintaining such levels of insurance or relieve the
Interconnection Customer of any liability.
5.3.Proof of Insurance
Prior to initial operation of the DER, the Interconnection Customer shall furnish the
documenting insurance of the DER, if applicable or other insurance certificates and
endorsements documenting insurance. Thereafter, the Area EPS Operator shall have
the right to periodically inspect or obtain a copy of the original policy or polices of
insurance. Additionally, the Area EPS Operator may request to be additionally listed as
an interested third party on the insurance certificates and endorsements to meet the
right to periodically obtain a copy of the policy or policies of insurance.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
6Timeline Extensions
6.1.Reasonable Efforts
The Area EPS Operator shall make Reasonable Efforts to meet all time frames provided
in these procedures. If the Area EPS Operator cannot meet a deadline provided herein,
it must notify the Interconnection Customer in writing within three (3) Business Days
after the deadline to explain the reason for the failure to meet the deadline and
provide an estimated time by which it will complete the applicable interconnection
procedure in the process.
6.2.Extensions
For applicable time frames described in these procedures, the Interconnection
Customer may request in writing one extension equivalent to half of the time originally
allotted (e.g., ten (10) Business Days for a twenty (20) Business Days original time
frame) which the Area EPS Operator may not unreasonably refuse. No further
extensions for the applicable time frame shall be granted absent a Force Majeure Event
or other similarly extraordinary circumstance.
7Modifications to Application
7.1.Procedures
At any time after the Interconnection Application is deemed complete, the
Interconnection Customer or the Area EPS Operator may identify modifications to the
proposed DER system that may improve costs and benefits (including reliability) of the
proposed DER system and the ability for the Area EPS Operator to accommodate the
proposed DER system. The Interconnection Customer shall submit to the Area EPS
Operator in writing all proposed modifications to any information provided in the
Interconnection Application. The Area EPS Operator cannot unilaterally modify the
Interconnection Application.
7.2.Timelines
Within ten (10) Business Days of receipt of the proposed modification, the Area EPS
Operator shall evaluate whether the proposed modification to the Interconnection
Application constitutes a Material Modification. The definition in Section 13 Glossary of
the Process Overview document includes examples of what does and does not
constitute a Material Modification.
The Area EPS Operator shall notify the Interconnection Customer in writing of the final
determination of the proposed modification. For proposed modifications that are
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
determined to be a Material Modification the Interconnection Customer may choose to
either: 1) withdraw the proposed modification; or 2) proceed with a new
Interconnection Application. The Interconnection Customer shall provide its
determination in writing to the Area EPS Operator within ten (10) Business Days after
being provided the Material Modification determination. If the Interconnection
Customer does not provide its determination within the timeline, the Interconnection
Application shall be considered withdrawn.
If the proposed modification is not determined to be a Material Modification, then the
Area EPS Operator shall notify the Interconnection Customer in writing that the
modification has been accepted and the Interconnection Customer shall retain its
eligibility for interconnection, including its place in the queue.
8Interconnection
8.1.Metering
Any metering requirements necessitated by the use of the DER system shall be installed
at the Interco
included in the final invoice of interconnection costs to the Interconnection Customer.
The Interconnection Customer is also responsible for metering replacement costs not
covered in the I The Area EPS
Operator may charge Interconnection Customers an ongoing metering-related charge
for an estimate of ongoing metering-related costs specifically demonstrated.
8.2.Construction
The Interconnection Customer may proceed to construct (including operational testing
not to exceed two hours) the DER system when the Area EPS Operator has approved
the Simplified Interconnection Application. Upon receipt of a signed Uniform Contract
or MMIA the Area EPS Operator shall schedule and execute appropriate construction of
facilities, if necessary, which shall be completed prior to the Interconnection Customer
returning the Certification of Completion. The Area EPS Operator will notify the
Interconnection Customer when construction of the distribution facilities is completed.
8.3.Inspection, Testing and Commissioning
Upon completing construction of the DER system, the Interconnection Customer will
cause the DER system to be inspected or otherwise certified by the appropriate local
electrical wiring inspector with jurisdiction. The Interconnection Customer shall then
Interconnection Facilities prior to interconnection pursuant to Minnesota Technical
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
equipment shall be performed pursuant to applicable codes and standards of
The Interconnection Customer shall provide the
Area EPS Operator with a Certificate of Completion after completion of the DER
installation.
Prior to parallel operation, the Area EPS Operator may inspect the DER for compliance
with standards, which may include a witness test, and schedule appropriate metering
replacements, if necessary. The Area EPS Operator shall send qualified personnel to the
DER site to inspect the interconnection and witness the testing but bears no liability for
the results of the test.
The Area EPS Operator is obligated to complete the witness test, if required, within ten
(10) Business Days of receipt of the Certification of Completion. If the Area EPS
Operator does not inspect within ten (10) Business Days, the witness test is deemed
waived unless upon mutual agreement of both Parties to extend the timeline for the
witness test.
Within three (3) Business Days of satisfactory inspection or waiver of inspection, the
Area EPS Operator shall provide the Interconnection Customer written
acknowledgment that the DER has permission to operate. Such written
acknowledgment shall not be deemed to be or construed as any representation,
assurance, guarantee, or warranty by the Area EPS Operator of the safety, durability,
suitability, or reliability of the DER or any associated control, protective, and safety
devices owned or controlled by the Interconnection Customer or the quality of power
produced by the DER.
If the witness test is not satisfactory, the Area EPS Operator has the right to disconnect
the DER. The Interconnection Customer has no right to operate in parallel, except for
optional testing not to exceed two hours, until permission to operate is granted by the
Area EPS Operator.
8.4.Interconnection Costs
The Interconnection Customer shall pay for the actual cost of the Interconnection
Facilities and Distribution Upgrades
commission the proposed DER system. An estimate of the interconnection costs shall
be stated in the Uniform Contract or MMIA. The Area EPS Operator shall render the
final interconnection cost invoice to the Interconnection Customer within thirty (30)
Business Days after the proposed DER system has been commissioned by the Area EPS
Operator, or upon the commissioning being waived by the Area EPS Operator. The
Interconnection Customer shall make payment to the Area EPS Operator within
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twenty-one (21) Business Days of receipt, or as otherwise stated in the Uniform
Contract.
The Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, operated, installed or maintained by the Interconnection
Customer, including without limitation the DER and any structures, equipment, wires,
appliances or devices not owned, operated or maintained by the Area EPS Operator.
8.5.Authorization for Parallel Operation
The Interconnection Customer shall not operate its DER system in parallel with the
Area EPDistribution System without prior written authorization from the
Area EPS Operator. The Area EPS Operator shall provide such authorization within
three (3) Business Days from when the Area EPS Operator receives the Certificate of
Completion and notification the Interconnection Customer has complied with all
applicable parallel operations requirements. Such authorization shall not be
unreasonably withheld, conditioned or delayed.
8.6.Continual Compliance
The Interconnection Customer shall be fully responsible for operating, maintaining, and
repairing the DER as required to ensure that it complies at all times with the
interconnection standards to which it has been certified. The Interconnection
Customer shall also operate its DER system in
technical requirements as referred to in the executed Uniform Contract or MMIA. The
Area EPS Operator may periodically inspect, at its own expense, the operation of DER
system as it relates to power quality, thermal limits and reliability. Failure by the
Interconnection Customer to remain in compliance with the technical requirements will
result in the DER system disconnection Distribution
System.
8.7.Disconnection of DER
The Area EPS Operator has the right to disconnect the DER in the event the
Interconnection Customer:
Does not continue to follow and maintain IEEE 1547 settings approved by the Area
EPS Operator as indicated by the adopted technical requirements.
Does not meet all the requirements of the Simplified Process.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Uniform Contract.
The Area EPS Operator may temporarily disconnect the DER upon the following
conditions:
For scheduled outages upon reasonable notice.
For unscheduled outages or emergency conditions.
If the DER does not operate in a manner consistent with the Simplified Process.
The Area EPS Operator shall inform the Interconnection Customer in advance of any
scheduled disconnections, or as reasonable, after an unscheduled disconnection.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
Energy Resources smaller than 4 megawatts
St. Cloud, MN
INTERCONNECTION
PROCESS
Fast Track Process
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
/ƚƓƷĻƓƷƭ
1 Applicability ..................................................................................................................... 1
1.1. Capacity Limit ................................................................................................................... 1
1.2. Codes, Standards and Certification Requirements .......................................................... 1
2 Application Submission ................................................................................................... 2
2.1. Fast Track Process Application ......................................................................................... 2
2.2. Professional Licensed Engineer Signature ....................................................................... 2
2.3. Processing Fee.................................................................................................................. 2
2.4. Battery Storage ................................................................................................................ 3
2.5. Site Control ...................................................................................................................... 3
3 Application Review ......................................................................................................... 3
3.1. Timelines .......................................................................................................................... 3
3.2. Initial Review Screens ...................................................................................................... 4
3.3. Notification of Approval of Application ........................................................................... 6
3.4. Failure of Review Screens ................................................................................................ 6
3.5. Customer Options Meeting ............................................................................................. 6
4 Supplemental Review ..................................................................................................... 7
4.1. Acceptance of Supplemental Review .............................................................................. 7
4.2. Supplemental Review Costs ............................................................................................. 7
4.3. Supplemental Review Timelines ...................................................................................... 7
4.4. Supplemental Review Screens ......................................................................................... 8
4.5. Identification of Construction of Facilities ..................................................................... 10
4.6. Supplemental Review Results ........................................................................................ 10
5 Interconnection Agreement.......................................................................................... 11
5.1. Uniform Contract ........................................................................................................... 11
5.2. Municipal Minnesota Interconnection Agreement ....................................................... 11
5.3. Completion of Agreement ............................................................................................. 11
6 Insurance ....................................................................................................................... 12
6.1. Insurance Requirements ................................................................................................ 12
6.2. Self-Insurance ................................................................................................................ 12
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6.3. Proof of Insurance .......................................................................................................... 13
7 Timeline Extensions ...................................................................................................... 13
7.1. Reasonable Efforts ......................................................................................................... 13
7.2. Extensions ...................................................................................................................... 13
8 Modifications to Application ........................................................................................ 13
8.1. Procedures ..................................................................................................................... 13
8.2. Timelines ........................................................................................................................ 14
9 Interconnection ............................................................................................................. 14
9.1. Interconnection Milestones ........................................................................................... 14
9.2. Metering ........................................................................................................................ 15
9.3. Construction ................................................................................................................... 15
9.4. Inspection, Testing and Commissioning ........................................................................ 15
9.5. Interconnection Costs .................................................................................................... 16
9.6. Security of Payment ....................................................................................................... 17
9.7. Non-Warranty ................................................................................................................ 18
9.8. Authorization for Parallel Operation ............................................................................. 18
9.9. Continual Compliance .................................................................................................... 19
9.10. Disconnection of DER ..................................................................................................... 19
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
1Applicability
1.1.Capacity Limit
The Fast Track Process is available to an Interconnection Customer proposing to
interconnect a Distributed Energy Resource (DER)
Distribution System if the DER capacity does not exceed the size limits in Table 1.1 and
does not qualify for the Simplified Process. The capacity is determined by the
aggregated summation of the Nameplate Rating of all components that make up the
DER system. Additional information regarding the capacity limits can be seen in Section
6 of the Process Overview document.
Table 1.1.Fast Track Eligibility for DER
Fast Track Eligibility for certified,
1
Fast Track Eligibility
2
inverter-based DER on a Mainline
Line Voltage Regardless of
and 2.5 Electrical Circuit Miles from
Location
3
Substation
< 5 kV
5 kV and < 15 kV 1 MW 2 MW
15 kV and < 30 kV
Fast Track eligibility for DERs is determined based upon the generator type, the size of
the generator, voltage of the line, and the location of and the type of line at the Point
of Common Coupling. All synchronous and induction machines must be no larger than 2
MW to be eligible for Fast Track Process consideration. Fast Track eligibility does not
imply or indicate that a DER will pass the engineering screens or be exempt from the
proposed DER Interconnection being placed into the Study Process.
1.2.Codes, Standards and Certification Requirements
The Interconnection Customer proposed DER must meet the codes, standards and
certification requirements listed in Section 14 and Section 15 of the Overview Process
document. The Area EPS Operator may allow DER systems that do not meet codes,
standards and certification only if the DER system design is reviewed and tested and
determined that it is safe to operate in parallel with the Distribution System.
1
Synchronous and induction machine eligibility is limited to no more than 2 MW even when line voltage is greater
than 15 kV.
2
For purposes of this table, a Mainline is the three-phase backbone of a circuit. It will typically constitute lines with
wire sizes of 4/0 American wire gauge, 266 kcmil, 336.4 kcmil, 397.5 kcmil, 477 kcmil and 795 kcmil.
3
An Interconnection Customer can determine this information about its proposed interconnection location in
advance by requesting a pre-application report described in the Overview Process document.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
2Application Submission
2.1.Fast Track Process Application
The Interconnection Customer shall complete the Standard Interconnection Application
and submit it to the Area EPS Operator to initialize the Interconnection Process. A
completed Interconnection Application will include the following:
A completed Interconnection Application signed by the Interconnection
Customer.
A non-refundable processing fee indicated in Section 2.3.
A site layout drawing of the proposed DER system.
A one-line diagram of the proposed DER system showing the point of common
Distribution System.
All equipment manufacturer specification sheets.
Documentation of site control indicated in Section 2.5.
2.2.Professional Licensed Engineer Signature
The one-line diagram submitted with the Interconnection Application will require a
signature from a professional engineer licensed in the State of Minnesota certifying the
DER was designed in conformance to the Minnesota Technical Requirements for the
following conditions:
4
Certified equipment is greater than 250 kW.
Non-certified equipment is greater than 20 kW.
2.3.Processing Fee
The processing fee will differ for a Fast Track Interconnection Application depending on
the type of equipment utilized as seen in Table 2.1.
4
Additional information regarding certified equipment is found in Section 14 and Section 15 of the Process
Overview document.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Table 2.1.Interconnection Application Process Fee
Equipment Type Process Fee
Certified System $100 + $1/kW
Non-Certified System $100 + $2/kW
2.4.Battery Storage
An inverter-based DER system may include battery storage. DER systems that include
battery storage should complete the Energy Storage Application along with the
Interconnection Application.
2.5.Site Control
Documentation of site control must be submitted with the Interconnection Application.
Site control may be demonstrated by any of the following:
Ownership of, a leasehold interest in, or a right to develop a site for the purpose of
constructing the DER system.
An option to purchase or acquire a leasehold site for constructing the DER system.
An exclusivity or other business relationship between the Interconnection
Customer and the entity having the right to sell, lease, or grant the
Interconnection Customer the right to possess or occupy a site for constructing the
DER system.
3Application Review
3.1.Timelines
The Interconnection Application shall be date- and time-stamped upon initial, and if
necessary, resubmission receipt. The Interconnection Customer shall be notified of
receipt by the Area EPS Operator within ten (10) Business Days of receipt of the
Interconnection Application.
The Area EPS Operator shall notify the Interconnection Customer if the Interconnection
Application is deemed incomplete within ten (10) Business Days and provide a written
list detailing all information that must be provided to complete the Interconnection
Application. The Interconnection Customer has ten (10) Business Days to provide the
missing information unless additional time is requested with valid reasons. Failure to
submit the requested information within the stated timeline will result in the
Interconnection Application being deemed withdrawn. The Area EPS Operator has an
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
additional five (5) Business Days to review the additionally provided information for
completeness.
An Interconnection Application will be deemed complete upon submission to the Area
EPS Operator provided all documents, fees and information required with the
Interconnection Application adhering to Minnesota Technical Requirements is
included. The time- and date- stamp of the completed Interconnection Application shall
be accepted as the qualifying date for the purpose of establishing a queue position as
described in Section 4.7 in the Overview Process document.
The Area EPS Operator has a total of twenty-five (25) Business Days to complete the
Interconnection Application review and submit notice back to the Interconnection
Customer stating the proposed DER system may proceed with the interconnection
process or a supplemental review offer is to be made or the proposed DER system has
been moved into a different process track. The period of time when waiting for the
Interconnection Customer to provide missing information is not included in the Area
-five (25) Business Days review timeline.
3.2.Initial Review Screens
The Area EPS Operator shall determine if the DER can be interconnected safely and
reliably without the construction of facilities by the Area EPS Operator by using a set of
Initial Review Screens. The Initial Review screens include the following engineering
screens:
The proposed
For interconnection of a proposed DER to a radial distribution circuit, the
aggregated generation, including the proposed DER, on the circuit shall not
exceed 15% of the line section annual peak load as most recently measured or
100% of the substation aggregated minimum load. A line section is that portion
automatic sectionalizing devices or the end of the distribution line. The Area
EPS Operator may consider 100% of applicable loading (i.e. daytime minimum
load for solar), if available, instead of 15% of line section peak load.
For interconnection of a proposed DER to the load side of network protectors,
the proposed DER must utilize an inverter-based equipment package and,
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together with the aggregated other inverter-based DERs, shall not exceed the
5
The proposed DER, in aggregation with other DERs on the distribution circuit,
current at the point on the high voltage (primary) level nearest the proposed
Point of Common Coupling.
The proposed DER, in aggregate with other Distributed Energy Resources on the
distribution circuit, shall not cause any distribution protective devices and
equipment (including, but not limited to, substation breakers, fuse cutouts, and
line reclosers), or Interconnection Customer equipment on the system to
exceed 87.5% of the short circuit interrupting capability; nor shall the
interconnection be proposed for a circuit that already exceeds 87.5% of the
short circuit interrupting capability.
Using the table below, determine the type of interconnection to a primary
distribution line. This screen includes a review of the type of electrical service
provided to the Interconnecting Customer, including line configuration and the
transformer connection to limit the potential for creating over-voltages on the
operating time of any anti-islanding function.
Table 3.1.Type of Primary Distribution Line Interconnections
Primary Distribution Type of Interconnection to
Results
Line Type Primary Distribution Line
Three-Phase, three wire Three-phase or single-phase,
Pass Screen
phase-to-phase
Three-phase, four wire Effectively-grounded three-phase
Pass Screen
or single-phase, line-to-neutral
If the proposed DER is to be interconnected on single-phase shared secondary,
the aggregate generation capacity on the shared secondary, including the
proposed DER, shall not exceed 20 kW or 65% of the transformer nameplate
rating.
If the proposed DER is single-phase and is to be interconnected on a center tap
neutral of a 240-volt service, its addition shall not create an imbalance between
5
Network protectors are protective devices used on secondary networks (spot and grid networks) to automatically
disconnect associated transformers when reverse power flow occurs. Secondary networks are most often used in
densely populated downtown areas.
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the two sides of the 240-volt service of more than 20% of the nameplate rating
of the service transformer.
The technical screens listed shall not preclude the Area EPS Operator from using tools
that perform screening functions using different methodologies provided the analysis is
targeted to maintain the voltage, thermal and protection objectives as the listed
screen.
3.3.Notification of Approval of Application
Provided the Interconnection Application passes the initial screens, or if the proposed
interconnection fails the screens but the Area EPS Operator determines that the DER
may nevertheless be interconnected consistent with safety, reliability and power
quality standards, the Area EPS Operator shall provide notice to the Interconnection
Customer that their Interconnection Application has been approved. The Area EPS
Operator shall provide the Interconnection Customer with an Interconnection
Agreement as outlined in Section 5.
3.4.Failure of Review Screens
If the proposed interconnection fails the screens, and the Area EPS Operator does not
or cannot determine from the Initial Review that the DER may nevertheless be
interconnected consistent with safety, reliability, and power quality standards, unless
the Interconnection Customer is willing to consider minor modifications or further
study, the Area EPS Operator shall provide the Interconnection Customer the
opportunity to attend a customer options meeting.
The Area EPS Operator shall notify the Interconnection Customer of the determination
and provide copies of all directly pertinent data and analyses underlying its conclusion,
subject to confidentiality provisions in Section 12.1 of the Overview Process document.
3.5.Customer Options Meeting
Within ten (10) Bu
Interconnection Customer of the proposed interconnection failure of the engineering
screens, the Area EPS Operator and the Interconnection Customer shall schedule a
customer options meeting to review possible facility modification, screen analysis and
related results to determine what further steps are needed to permit the DER to be
interconnected safely and reliably to the Distribution System. At the customer options
meeting the Area EPS Operator shall:
Offer to perform a supplemental review in accordance with Section 4 and
provide a non-binding good faith estimate of the cost of such review; or
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Obtain
Interconnection Application under the Study Process track.
4 Supplemental Review
4.1.Acceptance of Supplemental Review
To accept the offer of a supplemental review, the Interconnection Customer shall agree
in writing and submit a deposit for the estimated costs of the supplemental review in
good faith estimate of the costs of such review
within fifteen (15) Business Days once the supplemental review offer is made by the
Area EPS Operator. If the written agreement and deposit have not been received by the
Area EPS Operator within that timeframe, the Interconnection Application can only
continue being evaluated under the Study Process or it can be withdrawn by the
Interconnection Customer.
The Interconnection Customer may specify within the written agreement the order in
which the Area EPS Operator will complete the supplemental review screens listed in
Section 4.4.
4.2.Supplemental Review Costs
costs for conducting the supplemental review. The Interconnection Customer shall pay
any review costs that exceed the deposit within twenty (20) Business Days of receipt of
the invoice or resolution of any dispute. If the deposit exceeds the invoiced costs, the
Area EPS Operator will return such excess within twenty (20) Business Days of the
invoice without interest.
4.3.Supplemental Review Timelines
Within thirty (30) Business Days following the receipt of the deposit for a supplemental
review, the Area EPS Operator shall:
Perform the supplemental review using the screens in Section 4.4.
Notify the Interconnection Customer of the results in writing.
Include copies of analysis under the screens with the
written notification.
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Unless the Interconnection Customer provides instruction for how to respond to a
failure of any of the supplemental review screens in the written acceptance of
supplemental review, the Area EPS Operator shall notify the Interconnection Customer
within two (2) Business Days if a supplemental review screen is failed or if the Area EPS
Operator is unable to perform the supplemental review screen. The Area EPS Operator
to either:
Continue evaluating the proposed interconnection using the supplemental
review screens in Section 4.4.
Terminate the supplemental review and continue evaluating the
Interconnection Application in the Study Process track.
Terminate the supplemental review upon withdrawal of the Interconnection
Application by the Interconnection Customer.
The Interconnection Customer shall respond with its choice within five (5) Business
Days of notification from the Area EPS Operator.
4.4.Supplemental Review Screens
The three supplemental review screens are the Minimum Load screen, the Voltage and
Power Quality screen and the Safety and Reliability screen.
4.4.1.Minimum Load Screen
The aggregate DER capacity on the line section is less than 100% of the
minimum load for all line sections bounded by automatic sectionalizing
devices upstream of the proposed DER. If minimum load data is not available,
or cannot be calculated, estimated or determined, the Area EPS Operator
shall include the reason(s) that it is unable to calculate, estimate or determine
minimum load in its supplemental review results notification under Section
4.3. The line section minimum load data shall include onsite load but not
station service load served by the proposed DER in this screen.
The type of generation used by the proposed DER will be considered when
calculating, estimating, or determining circuit or line section minimum load
relevant for the application of this screen. Solar photovoltaic (PV) generation
systems with no battery storage use daytime minimum load (i.e., 10 a.m. to 4
p.m. for fixed panel systems and 8 a.m. to 6 p.m. for PV systems utilizing
tracking systems), while all other generation uses absolute minimum load.
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When this screen is being applied to a DER that serves some station service
load, only the net injection into the Area EP
be considered as part of the aggregate generation.
The Area EPS Operator will not consider as part of the aggregate generation
for purposes of this screen DER capacity known to be already reflected in the
minimum load data.
4.4.2.Voltage and Power Quality Screen
In aggregate with existing generation on the line section the following
conditions shall be met for the screen to be passed:
The voltage regulation on the line section can be maintained in
compliance with relevant requirements under all system conditions.
The voltage fluctuation is within acceptable limits as defined by Institute
of Electrical and Electronics Engineers (IEEE) Standard 1453, or utility
practice similar to IEEE Standard 1453.
The harmonic levels meet IEEE Standard 519 limits.
4.4.3.Safety and Reliability Screen
The location of the proposed DER and the aggregate generation capacity on
the line section do not create impacts to safety or reliability that cannot be
adequately addressed without application of the Study Process. The Area EPS
Operator shall give due consideration to the following and other factors in
determining potential impacts to safety and reliability in applying this screen.
Whether the line section has significant minimum loading levels
dominated by a small number of customers (e.g., several large commercial
customers).
Whether the loading along the line section is uniform or even.
Whether the proposed DER is located in close proximity to the substation
(i.e., less than 2.5 electrical circuit miles), and whether the line section
from the substation to the Point of Common Coupling is a main line rated
for normal and emergency ampacity.
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Whether the proposed DER incorporates a time delay function to prevent
reconnection of the generator to the system until system voltage and
frequency are within normal limits for a prescribed time.
Whether operational flexibility is reduced by the proposed DER, such that
transfer of the line section(s) of the DER to a neighboring distribution
circuit/substation may trigger overloads or voltage issues.
Whether the proposed DER employs equipment or systems certified by a
recognized standards organization to address technical issues such as, but
not limited to, islanding, reverse power flow, or voltage quality.
4.5.Identification of Construction of Facilities
If the proposed interconnection requires the construction of any distribution or
transmission facilities, the Area EPS Operator shall notify the Interconnection Customer
of the requirement when it provides the supplemental review results. The Area EPS
Operator may include a non-binding good faith estimate to construct the facilities
included with the supplemental review results. In lieu of providing a non-binding good
faith estimate to construct the necessary facilities, the Area EPS Operator may require
the proposed interconnection to move to the Study Process for a facility study instead.
Upon being presented with either the non-binding good faith estimate or the
requirement for a facility study, the Interconnection Customer has five (5) Business
Days to inform the Area EPS Operator to proceed with the proposed interconnection or
withdraw the Interconnection Application.
4.6.Supplemental Review Results
If the proposed interconnection passes the supplemental review screens in Section 4.4
and does not require construction of distribution or transmission facilities by the Area
EPS on its own system, the Area EPS Operator shall provide an executable
Interconnection Agreement within five (5) Business Days after the supplemental review
screens are completed. Information regarding the Interconnection Agreement is
detailed in Section 5.
If the proposed interconnection passes the supplemental review screens in Section 4.4
and the Interconnection Customer agrees to the non-binding good faith estimate of
construction of any distribution or transmission facilities by the Area EPS Operator, the
Area EPS Operator shall provide an executable Interconnection Agreement within
twenty (20) Business Days. Included with the Interconnection Agreement shall be non-
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
binding good faith estimate of construction costs and a construction schedule for the
facilities. Information regarding the Interconnection Agreement is detailed in Section 5.
If the proposed interconnection does not pass the supplemental review screens in
Section 4.4 the Area EPS Operator shall provide the Interconnection Customer with the
option of commencing the Study Process. The Interconnection Customer shall notify
the Area EPS Operator within fifteen (15) Business Days if they wish to proceed with
the Study Process to retain their queue position or the Interconnection Application will
be deemed withdrawn.
5Interconnection Agreement
5.1.Uniform Contract
For a proposed interconnection that meets the conditions of being classified as a
qualifying facility less than 40 kW, the Area EPS Operator shall provide the
Interconnection Customer with an executable copy of the Area EPS OperatoUniform
Contract for Cogeneration and Small Power Production Facilities (Uniform Contract).
5.2.Municipal Minnesota Interconnection Agreement
For proposed interconnections that do not meet the conditions of being classified as a
qualifying facility less than 40 kW or if requested by the Interconnection Customer in
lieu of signing the Uniform Contract, the Area EPS Operator shall provide an executable
copy of the Municipal Minnesota Interconnection Agreement (MMIA).
5.3.Completion of Agreement
The Interconnection Customer must return a signed Interconnection Agreement at
least thirty (30) Business Days prior to the requested in-service date of the proposed
DER. The Area EPS Operator shall sign and return a copy of the fully executed
Interconnection Agreement back to the Interconnection Customer.
The Interconnection Customer may update the requested in-service date submitted on
the Interconnection Application to a date thirty (30) Business Days or later from the
date on which the Interconnection Customer submits a signed Interconnection
Agreement and payment if required unless the Area EPS Operator agrees to an earlier
date.
Upon receipt of the signed Interconnection Agreement, the Area EPS Operator may
schedule appropriate metering replacements and construction of facilities, if necessary.
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6Insurance
6.1.Insurance Requirements
At minimum, the Interconnection Customer shall maintain, for the duration the DER
Distribution System, general
liability ins
with a combined single limit of not less than those described in Table 6.1. Such general
liability insurance shall include coverage against claims for damages resulting from (i)
bodily injury, including wrongful death; and (ii) property damage arising out of the
under this
agreement. Evidence of the insurance shall state that coverage provided is primary and
is not excess to or contributing with any insurance or self-insurance by the Area EPS
Operator.
Table 6.1.Liability Insurance Requirements
DER System Size Liability Insurance Requirement
< 40 kW AC $300,000
$1,000,000
$2,000,000
$3,000,000
For all proposed DER systems, except those that are qualifying systems less than 40 kW
AC, the general liability insurance shall, by endorsement to the policy or polices:
Include the Area EPS Operator as additionally insured.
Contain severability of interest clause or cross-liability clause.
Provide that the Area EPS Operator shall not by reason incur liability to the
insurance carrier for the payment of premiums for such insurance if the Area
EPS Operator is included as an additionally insured.
6.2.Self-Insurance
The Interconnection Customer may choose to be self-insured provided there is an
established record of self-insurance. The Interconnection Customer shall supply the
Area EPS Operator at least 20 days prior to the date of initial operation, evidence of an
acceptable plan to self-insure to a level of coverage equivalent to that required in
Section 6.1. Failure of the Interconnection Customer or the Area EPS Operator to
enforce the minimum levels of insurance does not relieve the Interconnection
Customer from maintaining such levels of insurance or relieve the Interconnection
Customer of any liability.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
6.3.Proof of Insurance
The Interconnection Customer shall furnish the required insurance certificates and
endorsements to the Area EPS Operator prior to the initial operation of the DER. A copy
an insurance certificate. Thereafter, the Area EPS Operator shall have the right to
periodically inspect or obtain a copy of the original policy or polices of insurance.
Additionally, the Area EPS Operator may request to be additionally listed as an
interested third part on the insurance certificates and endorsements for qualifying
facilities less than 40 kW AC to meet the right to periodically obtain a copy of the policy
or policies of insurance.
7Timeline Extensions
7.1.Reasonable Efforts
The Area EPS Operator shall make Reasonable Efforts to meet all time frames provided
in these procedures. If the Area EPS Operator cannot meet a deadline provided herein,
it must notify the Interconnection Customer in writing within three (3) Business Days
after the deadline to explain the reason for the failure to meet the deadline and
provide an estimated time by which it will complete the applicable interconnection
procedure in the process.
7.2.Extensions
For applicable time frames described in these procedures, the Interconnection
Customer may request in writing one extension equivalent to half of the time originally
allotted (e.g., ten (10) Business Days for a twenty (20) Business Days original time
frame) which the Area EPS Operator may not unreasonably refuse. No further
extensions for the applicable time frame shall be granted absent a Force Majeure Event
or other similarly extraordinary circumstance.
8Modifications to Application
8.1.Procedures
At any time after the Interconnection Application is deemed complete, the
Interconnection Customer or the Area EPS Operator may identify modifications to the
proposed DER system that may improve costs and benefits (including reliability) of the
proposed DER system and the ability for the Area EPS Operator to accommodate the
proposed DER system. The Interconnection Customer shall submit to the Area EPS
Operator in writing all proposed modifications to any information provided in the
Interconnection Application. The Area EPS Operator cannot unilaterally modify the
Interconnection Application.
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8.2.Timelines
Within ten (10) Business Days of receipt of the proposed modification, the Area EPS
Operator shall evaluate whether the proposed modification to the Interconnection
Application constitutes a Material Modification. The definition in the Section 13
Glossary of the Process Overview document includes examples of what does and does
not constitute a Material Modification.
The Area EPS Operator shall notify the Interconnection Customer in writing of the final
determination of the proposed modification. For proposed modifications that are
determined to be a Material Modification the Interconnection Customer may choose to
either: 1) withdraw the proposed modification; or 2) proceed with a new
Interconnection Application. The Interconnection Customer shall provide its
determination in writing to the Area EPS Operator within ten (10) Business Days after
being provided the Material Modification determination. If the Interconnection
Customer does not provide its determination within the timeline, the Interconnection
Application shall be considered withdrawn.
If the proposed modification is not determined to be a Material Modification, then the
Area EPS Operator shall notify the Interconnection Customer in writing that the
modification has been accepted and the Interconnection Customer shall retain its
eligibility for interconnection, including its place in the queue.
9Interconnection
9.1.Interconnection Milestones
For DER systems that are not a qualifying facility less than 40 kW AC, the
Interconnection Customer and the Area EPS Operator shall agree on milestones for
which each Party is responsible and list them in Attachment IV of the MMIA. To the
greatest extent possible, the Parties will identify all design, procurement, installation
and construction requirements associated with the project, and clear associated
timelines, at the beginning of the design, procurement, installation and construction
phase, or as early within the process as possible.
anticipates that it will be unable to meet a milestone for any reason other than a Force
Majeure Event, it shall immediately notify the other Party of the reason(s) for not
meeting the milestone, propose the earliest reasonable alternative date in which this
and future milestones will be met, and request appropriate amendments to the MMIA
and its attachments. The Party affected by the failure to meet a milestone shall not
unreasonably withhold agreement to such an amendment unless:
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The Party will suffer significant uncompensated economic or operational harm
from the delay, or
Attainment of the same milestone has previously been delayed, or
The Party has reason to believe the delay in meeting the milestone is
intentional or unwarranted notwithstanding the circumstance explained by the
Party proposing the amendment.
If the Party affected by the failure to meet a milestone disputes the proposed
extension, the affected Party may pursue dispute resolution as described in the
Overview Process document.
9.2.Metering
Any metering requirements necessitated by the use of the DER system shall be installed
ng requirement costs will be
included in the final invoice of interconnection costs to the Interconnection Customer.
The Interconnection Customer is also responsible for metering replacement costs not
mer charge. The Area EPS
Operator may charge Interconnection Customers an ongoing metering-related charge
for an estimate of ongoing metering-related costs specifically demonstrated.
9.3.Construction
The Interconnection Customer may proceed to construct (including operational testing
not to exceed two hours) the DER system when the Area EPS Operator has approved
the Interconnection Application. Upon receipt of a signed Uniform Contract or
Interconnection Agreement the Area EPS Operator shall schedule and execute
appropriate construction of facilities.
9.4.Inspection, Testing and Commissioning
Upon completing construction of the DER system, the Interconnection Customer will
cause the DER system to be inspected or otherwise certified by the appropriate local
electrical wiring inspector with jurisdiction. The Interconnection Customer shall then
Interconnection Facilities prior to interconnection pursuant to Minnesota
Interconnection Technical Requirements. Commissioning tests of the Interconnection
and Section 15 in the Overview
Process.
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The Interconnection Customer shall notify the Area EPS Operator of testing and
inspection no fewer than five (5) Business Days in advance, or as may be agreed to by
the Parties. The Interconnection Customer shall provide to the Area EPS Operator a
testing procedure that will be followed on the day of testing and inspection no fewer
than ten (10) Business Days prior to the testing and inspection date. The testing
procedure should include tests and/or inspections to confirm the DER system will meet
the technical requirements of interconnection. The Area EPS Operator shall review the
testing procedure for completeness and shall notify the Interconnection Customer if
the testing procedure fails to address components of the technical requirements for
interconnection.
The Area EPS Operator shall send qualified personnel to the DER site to inspect the
interconnection and witness the testing. Testing and inspection shall occur on a Business
Day at a mutually agreed upon date and time. The Area EPS Operator may waive the
right to witness the testing.
9.5.Interconnection Costs
9.4.1 Estimation of Interconnection Costs
The Interconnection Customer shall pay for the actual cost of the
Interconnection Facilities and Distribution Upgrades along with the Area EPS
interconnection costs shall be stated in the Uniform Contract or in the MMIA
in Attachment II as a detailed itemization of such costs. If Network Upgrades
are required, the actual cost of the Network Upgrades, including overheads,
shall be borne by the Interconnection Customer pursuant to the Transmission
Provider and associated agreements.
9.4.2 Progressive Payment of Interconnection Costs
The Area EPS Operator shall bill the Interconnection Customer for the design,
engineering, construction and procurement costs of the Interconnection
Facilities and Upgrades described in the MMIA Attachment II on a monthly
basis or other basis agreed upon by both Parties in the MMIA, or Uniform
Contract. The Interconnection Customer shall pay each bill within twenty-one
(21) Business Days or as agreed to in the MMIA, or Uniform Contract.
9.4.3 Final Accounting of Interconnection Facilities and Upgrade Costs
If distribution or transmission facilities required upgrades to accommodate
the proposed DER system, the Area EPS Operator shall render the final
interconnection cost invoice to the Interconnection Customer within eighty
(80) Business Days (approximately four calendar months) of completing the
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Facility and Upgrades. The Area EPS Operator shall provide the
Interconnection Customer with a final accounting report identifying the
difference between the actual
EPS Operator for the specific DER system interconnection. Upon the final
accounting submitted to the Interconnection Customer, the balance between
the actual cost and previously aggregated payments shall be paid to the Area
EPS Operator within twenty (20) Business Days. If the balance between the
actual cost and previously aggregated payments is a credit, the Area EPS
Operator shall refund the Interconnection Customer within twenty (20)
Business Days.
9.4.4 Final Interconnection Costs without Facilities and Upgrades Needed
Within thirty (30) Business Days the final invoice for the interconnection costs
shall be rendered to the Interconnection Customer once the proposed DER
system has been commissioned by the Area EPS Operator, or upon the
commissioning being waived by the Area EPS Operator. The Interconnection
Customer shall make payment to the Area EPS Operator within twenty-one
(21) Business Days of receipt, or as otherwise stated in the Uniform Contract
or MMIA.
9.6.Security of Payment
At
ment of interconnection
cost.
Under the Traditional Security method, the Interconnection Customer shall provide
reasonable, adequate assurances of credit, including a letter of credit or personal
guaranty of payment and performance from a creditworthy entity acceptable under the
Area EPS Operator credit policy. The letter of credit shall also include procedures for
the unpaid balance of the estimated amount shown in the Interconnection Agreement
for the totality of all anticipated work or expense incurred by the Area EPS Operator
associated with the Interconnection Application. The payment for these estimated
costs shall be as follows:
1/3 of estimated costs shall be due no later than when the Interconnection
Customer signs the Interconnection Agreement.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
An additional 1/3 of estimated costs shall be due prior to initial energization of
the DER with the Area EPS Operator.
Remainder of actual costs, incurred by Area EPS Operator, shall be due within
thirty (30) Business Days from the date the bill is mailed by the Area EPS
Operator after project completion.
Under the Modified Security method, at least twenty (20) Business Days prior to the
commencement of the design, procurement, installation, or construction of a discrete
Interconnection Facilities and Upgrades, the
Interconnection Customer shall provide the Area EPS Operator, at the Interconnection
guaranty, letter of credit or other form of security that is
reasonably acceptable to the Area EPS Operator and is consistent with the Minnesota
Uniform Commercial Code. Such security for payment shall be in an amount sufficient
to cover the costs for constructing, designing, procuring, and installing the applicable
nnection Facilities and Upgrades and shall be
reduced on a dollar-for-dollar basis for payments made to the Area EPS Operator under
the Interconnection Agreement during its term.
The guaranty must be made by an entity that meets the creditworthiness requirements
of the Area EPS Operator and contain terms and conditions that guarantee payment of
any amount that may be due from the Interconnection Customer, up to an agreed-to
maximum amount.
The letter of credit must be issued by a financial institution or insurer reasonably
acceptable to the Area EPS Operator and must specify a reasonable expiration date not
sooner than sixty (60) Business Days (three calendar months) after the due date of the
final accounting report and bill described in Section 9.5
9.7.Non-Warranty
Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, operated, installed or maintained by the Interconnection
Customer, including without limitation the DER and any structures, equipment, wires,
appliances or devices not owned, operated or maintained by the Area EPS Operator.
The Area EPS Operator does not guarantee uninterrupted power supply to the DER and
will operate the Distribution System with the same reliability standards for the entire
customer base.
9.8.Authorization for Parallel Operation
The Interconnection Customer shall not operate its DER system in parallel with the
Distribution System without prior written authorization from the
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Area EPS Operator. The Area EPS Operator shall provide such authorization within
three (3) Business Days from when the Area EPS Operator receives notification that the
Interconnection Customer has complied with all applicable parallel operations
requirements and commissioning has been successfully completed. Such authorization
shall not be unreasonably withheld, conditioned or delayed.
9.9.Continual Compliance
The Interconnection Customer shall be fully responsible to operate, maintain, and
repair the DER as required to ensure that it complies at all times with the
interconnection standards to which it has been certified. The Interconnection
Customer shall also
technical requirements referred to in the executed Interconnection Agreement. The
Area EPS Operator may periodically inspect, at its own expense, the operation of the
DER system as it relates to power quality, thermal limits and reliability. Failure by the
Interconnection Customer to remain in compliance with the technical requirements will
result in the disconnection of the
Distribution System.
9.10.Disconnection of DER
The Area EPS Operator has the right to disconnect the DER in the event of the
following:
Does not continue to follow and maintain IEEE 1547 settings approved by the Area
EPS Operator as indicated by the adopted technical requirements.
Does not meet all the requirements of the Fast Track Process.
Refuses to sign either the MMIA Contract.
The Area EPS Operator may temporarily disconnect the DER upon the following
conditions:
For scheduled outages upon reasonable notice.
For unscheduled outages or emergency conditions.
If the DER does not operate in the manner consistent with the Fast Track Process.
The Area EPS Operator shall inform the Interconnection Customer in advance of any
scheduled disconnections, or as reasonable, after an unscheduled disconnection.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
to the utility
distribution system Distributed Energy
Resources larger than 4 megawatts in size or
in need of additional studies.
5 MW Lemond Solar Station
Owatonna, MN
INTERCONNECTION
PROCESS
Study Process
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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1 Applicability ..................................................................................................................... 1
1.1. Applicability ...................................................................................................................... 1
1.2. Codes, Standards and Certification Requirements .......................................................... 1
2 Application Submission ................................................................................................... 1
2.1. Initial Interconnection Application for the Study Process ............................................... 1
2.2. Professional Licensed Engineer Signature ....................................................................... 2
2.3. Battery Storage ................................................................................................................ 2
2.4. Site Control ....................................................................................................................... 2
2.5. Interconnection Applications from Other Processes ....................................................... 2
3 Initial Steps ...................................................................................................................... 3
3.1. Completeness Review and Queue Position ..................................................................... 3
3.2. Scoping Meeting ............................................................................................................... 3
4 System Impact Study ....................................................................................................... 4
4.1. Electric System Impacts .................................................................................................... 4
4.2. System Impact Study Agreement ..................................................................................... 4
4.3. System Impact Study Costs .............................................................................................. 4
4.4. System Impact Study Timelines ....................................................................................... 4
5 Transmission System Impact Study ................................................................................ 5
5.1. Transmission System Impacts .......................................................................................... 5
5.2. Transmission System Impact Study Timelines ................................................................. 6
5.3. Regional Transmission Operator Jurisdiction .................................................................. 6
6 Facilities Study ................................................................................................................. 6
6.1. Construction of Facilities .................................................................................................. 6
6.2. Facilities Study Agreement ............................................................................................... 6
6.3. Facilities Study Timeline ................................................................................................... 7
6.4. Identification of Construction of Facilities ....................................................................... 7
6.5. Facilities Study Report Timeline ....................................................................................... 8
7 Interconnection Agreement ............................................................................................ 9
7.1. Uniform Contract ............................................................................................................. 9
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
7.2. Municipal Minnesota Interconnection Agreement ......................................................... 9
7.3. Completion of Agreement ................................................................................................ 9
8 Insurance ........................................................................................................................ 10
8.1. Insurance Requirements ................................................................................................ 10
8.2. Self-Insurance ................................................................................................................. 10
8.3. Proof of Insurance .......................................................................................................... 11
9 Timeline Extensions ....................................................................................................... 11
9.1. Reasonable Efforts ......................................................................................................... 11
9.2. Extensions ...................................................................................................................... 11
10 Modifications to Application ......................................................................................... 11
10.1. Procedures ..................................................................................................................... 11
10.2. Timelines ........................................................................................................................ 12
11 Interconnection ............................................................................................................. 12
11.1. Interconnection Milestones ........................................................................................... 12
11.2. Metering ......................................................................................................................... 13
11.3. Inspection, Testing and Commissioning ......................................................................... 13
11.4. Interconnection Costs .................................................................................................... 14
11.5. Security of Payment ....................................................................................................... 15
11.6. Non-Warranty ................................................................................................................ 16
11.7. Authorization for Parallel Operation .............................................................................. 16
11.8. Continual Compliance .................................................................................................... 17
11.9. Disconnection of DER ..................................................................................................... 17
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
1Applicability
1.1.Applicability
The Study Process is applicable to an Interconnection Customer proposing to
interconnect a Distributed Energy Resource (DER) with the Area Electrical Power System
(Area EPS) , if the DER capacity is larger than 4 MW or is
identified through the engineering screening process to need additional studies.
The majority of proposed DER interconnections will initially apply for interconnection
under the Simplified or Fast Track Processes. Initial and supplemental screening results
are to be considered throughout the Study Process.
1.2.Codes, Standards and Certification Requirements
The Interconnection Customer proposed DER must meet the codes, standards and
certification requirements listed in Section 13, 14 and Section 15 of the Process
Overview document. The Area EPS Operator may allow DER systems that do not meet
codes, standards and certification only if the DER system design is reviewed, tested and
determined to be safe to operate in parallel with the Distribution System.
2Application Submission
2.1.Initial Interconnection Application for the Study Process
For proposed DER interconnections that are not initially applied for under the Fast Track
Process, the Interconnection Customer shall complete the Standard Interconnection
Application and submit it to the Area EPS Operator to initiate the Interconnection
Process. A completed Interconnection Application will include the following:
A completed Interconnection Application signed by the Interconnection Customer.
A process fee not to exceed $1,000, plus $2.00 per kW, toward the deposit of the
study(s) indicated in Section 4.
A site layout drawing of the proposed DER system.
A one-line diagram of the proposed DER system showing the Point of Common
CDistribution System.
All equipment manufacturer specification sheets.
Documentation of site control as indicated in Section 2.4.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
2.2.Professional Licensed Engineer Signature
The one-line diagram submitted with the Interconnection Application will require a
signature from a professional engineer licensed in the State of Minnesota certifying the
DER was designed in conformance to the Minnesota Technical Requirements for the
following conditions:
1
Certified equipment is greater than 250 kW.
Non-certified equipment is greater than 20 kW.
2.3.Battery Storage
An inverter-based DER system may include battery storage. DER systems that include
battery storage should complete the Energy Storage Application along with the
Interconnection Application.
2.4.Site Control
Documentation of site control must be submitted with the Interconnection Application.
Site control may be demonstrated by any of the following:
Ownership of, a leasehold interest in, or a right to develop a site for the purpose of
constructing the DER system;
An option to purchase or lease a site for constructing the DER system;
An exclusivity or other business relationship between the Interconnection Customer
and the entity having the right to sell, lease, or grant the Interconnection Customer
the right to possess or occupy a site for constructing the DER system.
2.5.Interconnection Applications from Other Processes
Some Interconnection Applications submitted under the Fast Track Process may be
moved into the Study Process due to issues with the DER interconnection identified by
engineering screens. An Area EPS Operator cannot request a new Interconnection
Application submission if the Interconnection Application has already been submitted
through the Fast Track Process. The Interconnection Customer who had already paid a
processing fee for the Fast Track Process is still responsible to make a deposit toward
the applicable studies address in Section 4, 5 and 6, but does not need to submit an
additional processing fee.
1
Additional information regarding certified equipment is found in Sections 14 and 15 of the Process Overview
document.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
3Initial Steps
3.1.Completeness Review and Queue Position
The Interconnection Application originally submitted under the Study Process shall be
date- and time-stamped upon initial receipt, and if necessary, resubmission receipt. The
Interconnection Customer shall be notified of receipt by the Area EPS Operator within
ten (10) Business Days after receipt.
The Area EPS Operator shall notify the Interconnection Customer, within ten (10)
Business Days, if the Interconnection Application is deemed incomplete, and provide a
written list detailing all information that must be provided to complete the
Interconnection Application. The Interconnection Customer has ten (10) Business Days,
to provide the missing information, unless additional time is requested with a valid
reason. Failure to submit the requested information, within the stated timeline, will
result in the Interconnection Application being deemed withdrawn. The Area EPS
Operator has an additional five (5) Business Days to review the additionally provided
information for completeness.
An Interconnection Application will be deemed complete upon submission to the Area
EPS Operator, provided all documents, fees and information required with the
Interconnection Application, adhering to Minnesota Technical Requirements, is
included. The date- and time-stamp of the completed Interconnection Application shall
be accepted as the qualifying date for the purpose of establishing a queue position, as
described in Section 4.7 of the Overview Process document.
Interconnection Applications already screened in the Simplified Process or Fast Track
Process shall retain their original queue position in the Study Process provided all
applicable timelines were met.
3.2.Scoping Meeting
A scoping meeting shall be held within ten (10) Business Days after the Interconnection
Application submitted under the Study Process is deemed complete. For
Interconnection Applications that were submitted under or put through the Fast Track
Process, the scoping meeting will occur within ten (10) Business Days after the
Interconnection Customer has elected to continue with the Study Process. The scoping
meeting timeline may be extended upon mutual agreement of both Parties. The scoping
meeting may also be omitted by mutual agreement.
The purpose of the scoping meeting is to discuss the Interconnection Application and
review existing study results relevant to the Interconnection Application. The Parties
shall further discuss whether the Area EPS Operator should perform a System Impact
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Study or Studies, or proceed directly to a Facilities Study or an Interconnection
Agreement. If the Area EPS Operator determines there is no potential for Transmission
System or Distribution System adverse system impacts, the Interconnection Application
shall proceed directly to a Facilities Study or an executable Interconnection Agreement,
as agreed to by the Parties.
4System Impact Study
4.1.Electric System Impacts
A System Impact Study shall identify and detail the electric system impacts that would
result if the proposed DER(s) were interconnected without project modifications or
electric system modifications. The System Impact Study is also to study the potential
impacts, including but not limited to, those identified in the scoping meeting. A System
Impact Study shall evaluate the impacts of the proposed interconnection on the
reliability of the electric system.
4.2.System Impact Study Agreement
If the Parties agree at the scoping meeting that a System Impact Study should be
performed, the Area EPS Operator shall provide the Interconnection Customer a System
Impact Study Agreement, not later than five (5) Business Days after the scoping
meeting. If the scoping meeting was omitted by mutual agreement, the Area EPS
Operator shall provide the Interconnection Customer a System Impact Study Agreement
within ten (10) Business Days after the Interconnection Customer waives the scoping
meeting.
The System Impact Study Agreement shall include an outline of the scope of the study
and a non-binding good faith estimate of the cost to perform the study. If applicable,
the System Impact Study Agreement shall list any additional and reasonable technical
data on the DER needed to perform the study. The scope and cost responsibilities are to
be described in the System Impact Study Agreement.
4.3.System Impact Study Costs
A deposit of the good faith estimated cost for each System Impact Study shall be
provided by the Interconnection Customer with the return of a signed System Impact
Study Agreement.
4.4.System Impact Study Timelines
Both the Area EPS Operator and the Interconnection Customer has timeline
responsibilities under the System Impact Study.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
4.4.1.Interconnection Customer Timelines
In order to remain in consideration for interconnection, an Interconnection
Customer who has requested a System Impact Study shall meet the following
conditions within twenty (20) Business Days of being provided a System Impact
Study Agreement:
Return a signed System Impact Study Agreement.
Provide to the Area EPS Operator any requested additional and reasonable
technical data on the DER needed to perform the System Impact Study.
Pay the required study deposit.
a time frame extension as described in Section 9.29.2, if additional technical data
is requested.
4.4.2Area EPS Operator Timelines
A System Impact Study shall be completed within thirty (30) Business Days after
the System Impact Study Agreement has been signed by both Parties and
delivered with the deposit and requested technical information to the Area EPS
Operator. The results of the System Impact Study shall be delivered to the
Interconnection Customer within five (5) Business Days of completion of the
System Impact Study. Upon request, the Area EPS Operator shall provide the
Interconnection Customer supporting documentation developed in the
preparation of the System Impact Study, subjected to confidentiality
arrangements consistent with Section 12.1 of the Overview Process and terms of
the System Impact Study Agreement.
5Transmission System Impact Study
5.1.Transmission System Impacts
In instances where the System Impact Study shows potential for Transmission System
adverse system impacts, the Area EPS Operator shall contact the appropriate
Transmission Provider within five (5) Business Days following the identification of such
impacts. The Area EPS Operator shall coordinate with
Transmission Provider to have the necessary studies to determine if the DER causes any
adverse transmission impacts. The appropriate Transmission Provider shall provide a
Transmission System Impact Study Agreement for the Interconnection Customer.
Included in the Transmission System Impact Study Agreement will be a non-binding,
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
good faith estimate of cost for the study, along with a scope outline of the study and
any additional technical data required to complete the Transmission System Impact
Study.
5.2.Transmission System Impact Study Timelines
In order to remain in consideration for interconnection, an Interconnection Customer
must return the executed Transmission System Impact Study Agreement, along with the
study deposit, within fifteen (15) Business Days. The Transmission System Impact Study
shall be completed and the results provided to the Interconnection Customer in as
timely a manner as possible, after the Transmission System Impact Study Agreement is
signed by the Parties. The Area EPS Operator shall be responsible for coordination with
the Transmission Provider as needed. Affected Systems shall participate in the study and
provide all information necessary to prepare the study.
5.3.Regional Transmission Operator Jurisdiction
In certain circumstances the Transmission Provider may not be able to study a proposed
DER system if there is a possible affect to the bulk Transmission System. In these
situations, the Area EPS Operator will coordinate with the Transmission Provider to
inform the Interconnection Customer that the proposed DER system will need to follow
the Regional Transmission Operator is Midcontinent Independent System Operator
(MISO).
6Facilities Study
6.1.Construction of Facilities
If construction of facilities is required, a Facility Study may be necessary to specify and
estimate the cost of the equipment, engineering, procurement and construction work. A
Facility Study is identified by an Initial Review, Supplemental Review or the Study
Process to provide interconnection and interoperability of the DER with the Area EPS
as required by Minnesota Technical Requirements. At
the determination of the Area EPS Operator, Interconnection Applications reviewed in
the Simplified Process or the Fast Track Process that require construction of facilities
may forgo a Facilities Study.
6.2.Facilities Study Agreement
The Area EPS Operator shall provide the Interconnection Customer a Facilities Study
Agreement either:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
System Impact Study,
or
in tandem with a Transmission System Impact Study, or
if no System Impact Study is required, within five (5) Business Days after the scoping
meeting, or
within ten (10) Business Days after the Interconnection Application is deemed
complete and approved through the Simplified Process or Fast Track Process.
The Facilities Study Agreement shall be accompanied by an outline of the scope of the
study and a non-binding good faith estimate of the cost to perform the Facilities Study.
The scope of and cost responsibilities for the Facilities Study are to be described in the
Facilities Study Agreement. A deposit of the good faith estimated costs for the Facilities
Study shall be provided by the Interconnection Customer at the time it returns the
Facilities Study Agreement.
6.3.Facilities Study Timeline
In order to remain under consideration for interconnection, the Interconnection
Customer must return the executed Facilities Study Agreement and pay the required
study deposit within fifteen (15) Business Days.
6.4.Identification of Construction of Facilities
The Facilities Study shall specify and estimate the cost of the equipment, engineering,
procurement and construction work (including overheads), needed to implement the
conclusions of the System Impact Study(-ies). Design for any required Interconnection
Facilities and/or Upgrades shall be performed under the Facilities Study Agreement
unless the Facilities Study Agreement was deemed unnecessary by the Area EPS
Operator. However, in the event that the Interconnection Customer did not provide the
Area EPS Operator all required Conditional Use Permits at the time of entering into the
Facilities Study Agreement, any such Design and/or Upgrades by the Area EPS Operator
may be delayed until after the Interconnection Customer has provided to the Area EPS
Operator all required Conditional Use Permits or provides a final design. The
information in the Conditional Use Permits, or changes to the design, may result in
significant modifications to the planned design and/or Upgrades. The Interconnection
Customer may send to the Area EPS Operator a redacted version of the Conditional Use
Permit(s) to ensure confidentiality, but any and all information that the Area EPS
Operator would reasonably need to perform an accurate Facilities Study shall not be
redacted. If necessary to comply with these requirements, a confidential version of the
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Conditional Use Permit(s) may be provided to the Area EPS Operator, with the
confidential information being clearly marked and subjected to Confidentiality
provisions in the Overview Process document Section 12.1.
The Area EPS Operator may contract with consultants to perform activities required
under the Facilities Study Agreement. The Interconnection Customer and the Area EPS
Operator may agree to allow the Interconnection Customer to separately arrange for
the design of some of the Interconnection Facilities. In such cases, facilities design will
be reviewed and/or modified prior to acceptance by the Area EPS Operator, under the
provisions of the Facilities Study Agreement. The Area EPS Operator shall make
sufficient information available to the Interconnection Customer, in accordance with
confidentiality and critical infrastructure requirements, to permit the Interconnection
Customer to obtain an independent design and cost estimate for any necessary
facilities.
6.5.Facilities Study Report Timeline
In cases where Upgrades are required, the Facilities Study must be completed within
forty-five (45) Business Days of the receipt of the executed Facilities Study Agreement
and deposit. In cases where no Upgrades are necessary, and the required facilities are
limited to Interconnection Facilities, the Facilities Study must be completed within thirty
(30) Business Days of the receipt of the executed Facilities Study Agreement and
deposit.
Once the Facilities Study is completed, a draft Facilities Study Report shall be prepared
and transmitted to the Interconnection Customer. Upon request, the Area EPS Operator
shall provide the Interconnection Customer supporting documentation developed in the
preparation of the Interconnection Facilities Study, subject to confidentiality
arrangements consistent with these procedures and the Facilities Study Agreement.
Within ten (10) Business Days of providing a draft Facilities Study Report to the
Interconnection Customer, the Area EPS Operator and Interconnection Customer shall
meet to discuss the results of the Facilities Study. This meeting may be omitted by
mutual agreement. The Interconnection Customer may, within twenty (20) Business
Days after receipt of the draft report, provide written comments to the Area EPS
Operator, which the Area EPS Operator shall address in the final report.
The Area EPS Operator shall issue the final Facilities Study Report within fifteen (15)
Business Days of receiving the Interconnection Customer, or promptly upon
receiving the they will not provide
comments. The Area EPS Operator may reasonably extend the time frame, upon notice
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
to the Interconnection Customer, if the Interconnection Custome
additional analyses or lead to significant modifications by the Area EPS Operator prior to
issuance of the final Facilities Study Report.
7Interconnection Agreement
7.1.Uniform Contract
For a proposed interconnection that meets the conditions of being classified as a
qualifying facility less than 40 kW, the Area EPS Operator shall provide the
Contract for Cogeneration and Small Power Production Facilities (Uniform Contract),
within five (5) Business Days after the completion of the applicable study(-ies).
7.2.Municipal Minnesota Interconnection Agreement
For proposed interconnections that do not meet the conditions of being classified as a
qualifying facility less than 40 kW or if requested by the Interconnection Customer in
lieu of signing the Uniform Contract, the Area EPS Operator shall provide the
Interconnection Customer an executable Municipal Minnesota Interconnection
Agreement (MMIA) within five (5) Business Days after the completion of the applicable
study(-ies).
7.3.Completion of Agreement
The Interconnection Customer must return a signed Interconnection Agreement at least
thirty (30) Business Days prior to the requested in-service date of the propose DER. The
Area EPS Operator shall sign and return a copy of the fully executed Interconnection
Agreement, back to the Interconnection Customer.
The Interconnection Customer may update the requested in-service date submitted on
the Interconnection Application to a date thirty (30) Business Days or later from the
date on which the Interconnection Customer submits a signed Interconnection
Agreement and payment if required unless the Area EPS Operator agrees to an earlier
date.
Upon receipt of the signed Interconnection Agreement, the Area EPS Operator may
schedule appropriate metering replacements and construction of facilities, if necessary.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
8Insurance
8.1.Insurance Requirements
At minimum, the Interconnection Customer shall maintain, for the duration the DER
Distribution System, general
liability insurance from a qualified insurance agency with a B+ or better ,
with a combined single limit of not less than those described in Table 8.1. Such general
liability insurance shall include coverage against claims for damages resulting from (i)
bodily injury, including wrongful death; and (ii) property damage arising out of the
under this
agreement. Evidence of the insurance shall state that coverage provided is primary and
is not excess to or contributing with any insurance or self-insurance by the Area EPS
Operator.
Table 8.1 Liability Insurance Requirements
DER System Size Liability Insurance Requirement
< 40 kW AC $300,000
$1,000,000
$2,000,000
$3,000,000
For all proposed DER systems, except those that are qualifying systems less than
40 kW AC, the general liability insurance shall, by endorsement to the policy or polices:
Include the Area EPS Operator as additionally insured.
Contain severability of interest clause or cross-liability clause.
Provide that the Area EPS Operator shall not by reason incur liability to the
insurance carrier for the payment of premiums for such insurance if the Area EPS
Operator is included as an additionally insured.
8.2.Self-Insurance
The Interconnection Customer may choose to be self-insured provided there is an
established record of self-insurance. The Interconnection Customer shall supply the
Area EPS Operator at least twenty (20) Business Days prior to the date of initial
operation, evidence of an acceptable plan to self-insure to a level of coverage
equivalent to that required in Section 8.1. Failure of the Interconnection Customer or
the Area EPS Operator to enforce the minimum levels of insurance does not relieve the
Interconnection Customer from maintaining such levels of insurance or relieve the
Interconnection Customer of any liability.
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8.3.Proof of Insurance
The Interconnection Customer shall furnish the required insurance certificates and
endorsements to the Area EPS Operator prior to the initial operation of the DER. A copy
of the Declaration page of the insurance policy is a common example of
an insurance certificate. Thereafter, the Area EPS Operator shall have the right to
periodically inspect or obtain a copy of the original policy or polices of insurance.
Additionally, the Area EPS Operator may request to be additionally listed as an
interested third party on the insurance certificates and endorsements for qualifying
facilities less than 40 kW AC, to meet the right to periodically obtain a copy of the policy
or policies of insurance.
9Timeline Extensions
9.1.Reasonable Efforts
The Area EPS Operator shall make Reasonable Efforts to meet all the time frames
provided in these procedures. If the Area EPS Operator cannot meet a deadline
provided herein, it must notify the Interconnection Customer in writing within three (3)
Business Days after the deadline, explaining the reason for the failure to meet the
deadline and providing an estimated time by which it will complete the applicable
interconnection procedure in the process.
9.2.Extensions
For applicable time frames described in these procedures, the Interconnection
Customer may request in writing one extension equivalent to half of the time originally
allotted (e.g., ten (10) Business Days for a twenty (20) Business Days original time
frame), which the Area EPS Operator may not unreasonably refuse. No further
extensions for the applicable time frame shall be granted, absent a Force Majeure Event
or other similarly extraordinary circumstance.
10Modifications to Application
10.1.Procedures
At any time after the Interconnection Application is deemed complete, the
Interconnection Customer or the Area EPS Operator may identify modifications to the
proposed DER system that may improve costs and benefits. This includes reliability of
the proposed DER system and the ability for the Area EPS Operator to accommodate the
proposed DER system. The Interconnection Customer shall submit to the Area EPS
Operator, in writing, all proposed modifications to any information provided in the
Interconnection Application. The Area EPS Operator cannot unilaterally modify the
Interconnection Application.
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10.2.Timelines
Within ten (10) Business Days of receipt of the proposed modification, the Area EPS
Operator shall evaluate whether the proposed modification to the Interconnection
Application constitutes a Material Modification. The definition in the Section 13 Glossary
of the Process Overview document includes examples of what does and does not
constitute a Material Modification.
The Area EPS Operator shall notify the Interconnection Customer in writing of the final
determination of the proposed modification. For proposed modifications that are
determined to be a Material Modification the Interconnection Customer may choose to
either: 1) withdraw the proposed modification; or 2) proceed with a new
Interconnection Application. The Interconnection Customer shall provide its choice in
writing to the Area EPS Operator within ten (10) Business Days after being provided the
Material Modification determination. If the Interconnection Customer does not provide
its choice within the timeline, the Interconnection Application shall be considered
withdrawn.
If the proposed modification is not determined to be a Material Modification, then the
Area EPS Operator shall notify the Interconnection Customer in writing that the
modification has been accepted and the Interconnection Customer shall retain its
eligibility for interconnection, including its position in the queue.
11Interconnection
11.1.Interconnection Milestones
For DER systems that are not a qualifying facility less than 40 kW AC, the
Interconnection Customer and the Area EPS Operator shall agree on milestones for
which each Party is responsible and list them in Attachment IV in the Interconnection
Agreement. To the greatest extent possible, the Parties will identify all design,
procurement, installation and construction requirements associated with the project
while also clearly identifying associated timelines, at the beginning, or as early within
the process as possible, of the design, procurement, installation and construction phase.
anticipates that they will be unable to meet a milestone for any reason other than a
Force Majeure Event, they shall immediately notify the other Party of the reason(s) for
not meeting the milestone, then propose the earliest reasonable alternative date in
which this and future milestones will be met and request appropriate amendments to
the Interconnection Agreement and its attachments. The Party affected by the failure to
meet a milestone shall not unreasonably withhold agreement to such an amendment
unless:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
The Party will suffer significant uncompensated economic or operational harm from
the delay, or
Attainment of the same milestone has previously been delayed, or
The Party has reason to believe the delay in meeting the milestone is intentional or
unwarranted notwithstanding the circumstance explained by the Party proposing
the amendment.
If the Party affected by the failure to meet a milestone disputes the proposed extension,
the affected Party may pursue dispute resolution as described in the Overview Process
document.
11.2.Metering
Any metering requirements necessitated by the use of the DER system shall be installed
-related costs will be included
in the final invoice of interconnection costs to the Interconnection Customer. The
Interconnection Customer is also responsible for metering replacement costs not
The Area EPS
Operator may charge Interconnection Customers an ongoing metering-related charge
for an estimate of ongoing metering-related costs specifically demonstrated.
11.3.Inspection, Testing and Commissioning
Upon completing construction of the DER system, the Interconnection Customer will
cause the DER system to be inspected or otherwise certified by the appropriate local
electrical wiring inspector with jurisdiction. The Interconnection Customer shall then
Interconnection Facilities prior to interconnection pursuant to Minnesota Technical
Requirements. Commissioning tests of the Interconnection Cus
equipment shall be performed pursuant to applicable codes and standards of
The Interconnection Customer shall notify the Area EPS Operator of testing and
inspection no fewer than five (5) Business Days in advance, or as may be agreed to by
the Parties. The Interconnection Customer shall provide to the Area EPS Operator a
testing procedure that will be followed on the day of testing and inspection no fewer
than ten (10) Business Days prior to the testing and inspection date. The testing
procedure should include tests and/or inspections to confirm the DER system will meet
the technical requirements of interconnection. The Area EPS Operator shall review the
testing procedure for completeness and notify the Interconnection Customer if the
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testing procedure fails to address components of the technical requirements for
interconnection.
The Area EPS Operator shall send qualified personnel to the DER site to inspect the
interconnection and witness the testing. Testing and inspection shall occur on a Business
Day at a mutually agreed upon date and time. The Area EPS Operator may waive the
right to witness the testing.
11.4.Interconnection Costs
11.4.1Estimation of Interconnection Costs
The Interconnection Customer shall pay for the actual cost of the
Interconnection Facilities and Distribution Upgrades along with the Area EPS
interconnection costs shall be stated in the Uniform Contract or in the MMIA in
Attachment II, Interconnection Facilities and Upgrades, as a detailed itemization
of such costs. If Network Upgrades are required, the actual cost of the Network
Upgrades, including overheads, shall be borne by the Interconnection Customer
pursuant to the Transmission Provider and associated agreements.
11.4.2Progressive Payment of Interconnection Costs
The Area EPS Operator shall invoice the Interconnection Customer for the
design, engineering, construction and procurement costs of the Interconnection
Facilities and Upgrades described in the MMIA Attachment II, on a monthly
basis, or other manner agreed upon by both Parties in the MMIA, or as described
in the Uniform Contract. The Interconnection Customer shall pay each invoice
within twenty-one (21) Business Days or as agreed to in the MMIA or Uniform
Contract.
11.4.3Final Accounting of Interconnection Facilities and Upgrade Costs
If distribution or transmission facilities required upgrades to accommodate the
proposed DER system, the Area EPS Operator shall render the final
interconnection cost invoice to the Interconnection Customer within eighty (80)
Business Days (approximately four calendar months) of completing the
and Upgrades. The Area EPS Operator shall provide the Interconnection
Customer with a final accounting report identifying the difference between the
actual and the Interconnection
specific DER system interconnection. Upon the final accounting submitted to the
Interconnection Customer, the balance between the actual cost and previously
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
aggregated payments shall be paid to the Area EPS Operator within twenty (20)
Business Days. If the balance between the actual cost and previously aggregated
payments is a credit, the Area EPS Operator shall refund the Interconnection
Customer within twenty (20) Business Days.
11.4.4Final Interconnection Costs without Facilities and Upgrades Needed
Within thirty (30) Business Days the final invoice for the interconnection costs
shall be rendered to the Interconnection Customer once the proposed DER
system has been commissioned by the Area EPS Operator, or upon the
commissioning being waived by the Area EPS Operator. The Interconnection
Customer shall make payment to the Area EPS Operator within twenty-one (21)
Business Days of receipt, or as otherwise stated in the Uniform Contract or
MMIA.
11.5.Security of Payment
At
payment of interconnection
cost.
Under the Traditional Security method, the Interconnection Customer shall provide
reasonable, adequate assurances of credit, including a letter of credit or personal
guaranty of payment and performance from a creditworthy entity acceptable under the
Area EPS Operator credit policy. The letter of credit shall also include procedures for the
unpaid balance of the estimated amount shown in the Interconnection Agreement for
the totality of all anticipated work or expense incurred by the Area EPS Operator
associated with the Interconnection Application. The payment for these estimated costs
shall be as follows:
One-third of estimated costs, shall be due no later than when the Interconnection
Customer signs the Interconnection Agreement.
An additional one-third of estimated costs, shall be due prior to initial energization
of the DER with the Area EPS Operator.
After the project completion, the remainder of actual costs, incurred by Area EPS
Operator, shall be due within thirty (30) Business Days from the date the invoice is
mailed.
Under the Modified Security method, at least twenty (20) Business Days prior to the
commencement of the design, procurement, installation, or construction of a discrete
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
portion of the Area EPS
Interconnection Customer shall provide the Area EPS Operator, at the Interconnection
y, letter of credit or other form of security that is
reasonably acceptable to the Area EPS Operator and is consistent with the Minnesota
Uniform Commercial Code. Such security for payment shall be in an amount sufficient to
cover the costs for constructing, designing, procuring, and installing the applicable
portion of the Area EPS Operator
reduced on a dollar-for-dollar basis for payments made to the Area EPS Operator under
the Interconnection Agreement during its term.
The guaranty must be made by an entity that meets the creditworthiness requirements
of the Area EPS Operator and contain terms and conditions that guarantee payment of
any amount that may be due from the Interconnection Customer, up to an agreed-to
maximum amount.
The letter of credit must be issued by a financial institution or insurer reasonably
acceptable to the Area EPS Operator and must specify a reasonable expiration date not
sooner than sixty (60) Business Days, (three calendar months), after the due date of the
final accounting report and invoice described in Section 11.4.
11.6.Non-Warranty
Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, operated, installed or maintained by the Interconnection
Customer, including without limitation the DER and any structures, equipment, wires,
appliances or devices not owned, operated or maintained by the Area EPS Operator. The
Area EPS Operator does not guarantee uninterrupted power supply to the DER and will
operate the Distribution System with the same reliability standards for the entire
customer base.
11.7.Authorization for Parallel Operation
The Interconnection Customer shall not operate its DER system in parallel with the Area
Distribution System without prior written authorization from the Area
EPS Operator. The Area EPS Operator shall provide such authorization within three (3)
Business Days from when the Area EPS Operator receives notification that the
Interconnection Customer has complied with all applicable parallel operations
requirements and commissioning has been successfully completed. Such authorization
shall not be unreasonably withheld, conditioned or delayed.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
11.8.Continual Compliance
The Interconnection Customer shall operate its DER system in compliance with the Area
referred to in the executed Interconnection
Agreement. The Area EPS Operator may periodically inspect, at its own expense, the
operation of DER system as it relates to power quality, thermal limits and reliability.
Failure by the Interconnection Customer to remain in compliance with the technical
requirements will result in the disconnection of the DER system from the Area EPS
Distribution System.
11.9.Disconnection of DER
The Area EPS Operator has the right to disconnect the DER in the event of the
following:
Does not continue to follow and maintain IEEE 1547 settings approved by the Area
EPS Operator as indicated by the adopted technical requirements.
Does not meet all the requirements of the Study Process.
Uniform Contract.
The Area EPS Operator may temporarily disconnect the DER upon the following
conditions:
For scheduled outages upon reasonable notice.
For unscheduled outages or emergency conditions.
If the DER does not operate in the manner consistent with the Study Process.
The Area EPS Operator shall inform the Interconnection Customer in advance of any
scheduled disconnections, or as reasonable, after an unscheduled disconnection.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Pre-Application Report Request
Persons interested in finding out the additional information regarding the interconnection of a
-Application Report
Request. The pre-application report request is to be filled out as completely as possible by the
applicant. The Utility will provide the applicant with a Pre-Application Report within 15 business days
once the completed Pre-Application Report Request and a $300 fee is submitted to the Utility.
Distributed Energy Resource Information
Project Address:
City: State: Zip Code:
GPS Coordinates: Nearby Cross Streets:
Location of the Proposed Point of Common Coupling (e.g. meter number or pole number):
DER Type (Check all that apply):
Solar Photovoltaic Wind Battery Storage
Combined Heat and Power Solar Thermal Other (please specify)
Total Aggregate Nameplate Rating of Proposed DER System (kW AC):
Phase Configuration of Proposed DER System Single Three
Service Voltage of Proposed DER System Volts
Will this be a stand-alone generator not interconnected to onsite load
Yes No
(not including station service)?
Please attach copy of site map for proposed project and any additional information that may be helpful
in fulfilling the pre-application request. Site map should include true north, proposed project location
including general layout, proposed service point location and major roadways.
For Office Use Only
Date Received: Application Fee Received: Yes No
Date Completed Pre-Application Report Sent to Applicant:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Point of Interconnection Additional Information
Is the proposed interconnection to an existing service? (If no, applicant is
Yes No
to skip to the next section.)
Customer Name: Customer Account Number:
Existing loads at site (kW AC):
List future additional loads planned for at site (in kW AC):
Project Contact Information
Full Name:
Name of Business:
Street Address:
City: State: Zip Code:
Email: Phone:
Payment and Agreement
There is a non-refundable $300 fee for the construction of a pre-application report. By signing this
document, I acknowledge and understand that:
Neither review of this application nor construction of any report shall begin until the full
amount of the fee has been paid to Elk River Municipal Utilities.
The Utility shall provide a report with only the available information on the proposed point of
interconnection.
The information provided by the Utility may become outdated and not useful at the time of
submission of a complete Interconnection Application.
The confidentiality provision as listed in Section 12.1 of the Overview Process of the Municipal
Minnesota Distributed Energy Resource Interconnection Process apply.
Upon receipt of the report no guarantee is made by the Utility that a future Interconnection
Application will be approved for this proposed site.
___________________________________________ ________________________
Applicant Signature: Date:
***Please print clearly or type and return completed along with any additional documentation***
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Pre-Application Report
This report summarizes information available to the Utility regarding an interconnection of a distributed
The report includes only information that is readily
available to the Utility. This report is not a guarantee by the Utility that a future interconnection
application will be approved for the proposed site. Information provided in this report is subjected to
change as modifications are made to
Pre-Application Request
Pre-Application ID:
Project Address:
DER Size: kW AC DER Type:
Project Contact:
Email: Phone:
Electric Distribution System Information
Info Not
Available
Total capacity of the circuit based on normal conditions likely to
MW AC
serve the proposed PCC
Existing aggregate generation capacity interconnected to the
MW AC
circuit likely to serve the proposed PCC
Aggregate queued generation capacity for the circuit likely to
MW AC
serve the proposed PCC
Available capacity of the circuit most likely to serve the proposed
MW AC
PCC
Estimated peak load of relevant line sections kW AC
Estimated minimum load of relevant line sections (daytime
kW AC
minimum load to be specified for solar DER if available.)
Substation Voltage (Nominal Distribution) kV
Substation Voltage (Nominal Transmission) kV
Nominal distribution circuit voltage at proposed PCC kV
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Electric Distribution System Information - Continued
Info Not
Available
Approximate circuit distance between the proposed PCC and the
Miles
substation:
Distance to three phase circuit (if not already located on a three-phase
Miles
circuit):
Amps
Limiting conductor ratings from the proposed PCC to the substation
Phases
Number of available phases on the area EPS at the proposed PCC
Is the proposed point of common coupling located on a spot network,
Yes No
grid network, or radial supply?
Is the proposed PCC located behind a line voltage regulator? Yes No
Type of voltage regulating devices between substation and proposed
Device
A
PCC
Device
B
Device
C
Number and type of protection devices between substation and Device
A
proposed PCC
Device
B
Device
C
Any additionally known distribution system constraints? Yes No
Additional known constraints that could affect installation or operation of the DER or Area EPS at the
proposed PPC are attached to this report. Constraints may include, but are not limited to, electrical
dependencies at that location, short circuit interrupting capacity issues, power quality or stability issues
on the circuit, capacity constraints, or secondary networks.
Utility Information
Report Completed By:
Company:
Project Contact:
Email: Phone:
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Simplified Interconnection Application
Persons interested in applying for the interconnection of a distributed energy resource (DER) to the
through the Simplified Process are to fill out this Simplified Interconnection
Application. The Simplified Interconnection Application is to be used for inverter-based DER
technologies with the capacity of 20 kW AC or less and is to be filled out completely by the Applicant.
The Simplified Application shall be returned to the Utility with the requested material information and a
non-refundable $100 application fee.
Proposed DER interconnections
be moved into the Fast Track Process if engineering screens are failed during the Simplified
Interconnection Application review. Timeline for review of the Simplified Application is as follows:
Upon receipt of a Simplified Interconnection Application the Utility has 10 business days to
review the application for completeness.
If the application is deemed incomplete, the Utility shall notify the Applicant of what additional
information material is required.
The Applicant has 5 business days to return the missing information material or their application
may lose its queue position and be deemed withdrawn.
The Utility shall have a total of 20 business days to review the Simplified Interconnection
Application, not including time waiting for additional information material to deem the
application completed.
The Utility will notify the Application if the proposed DER system is preliminary approved for
interconnection or if the proposed DER system will need to be moved in the Fast Track Process.
Checklist for Submission to Utility
The items below shall be included with submittal of the Simplified Application to the Utility. Failure to
include all items will deem the Simplified Application incomplete.
Included
$100 Non-Refundable Simplified Application Fee Yes
One-line diagram Details required on one-line diagram specified at the end of
Yes
the interconnection application.
All Certified Equipment Manufacturer Specification Sheets Yes
Site Layout Drawing Yes
Copy of Insurance Declaration page or other acceptable proof of insurance Yes
Possible Additional Documentation
If an Application Agent is being used for this project, the Site Layout Drawing must be signed
by the Interconnection Customer indicating Site Control of the DER interconnection location.
If the DER export capacity is limited, include information material explaining the limiting
capabilities.
If Energy Storage is included with the proposed DER system include the Energy Storage
Application.
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Simplified Interconnection Application
Interconnection Customer
Full Name (must match the name of the existing service account):
Account Number: Meter Number:
Mailing Address:
City: State: Zip Code:
Email: Phone:
Application Agent
Is the Customer using an Application Agent for this application? Yes No
If Interconnection Customer is not using an Application Agent, please skip to the next section.
Application Agent:
Company Name:
Email: Phone:
For Office Use Only
Application ID: Queue Number:
Date Received: Application Fee Received: Yes No
Date Preliminary Approval Provided to Applicant:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Distributed Energy Resource Information
Location (if different from mailing address of Interconnection Customer):
Will the Proposed DER system be interconnected to an existing electric service? Yes No
Is the Distributed Energy Resource a single generating unit or multiple? Single Multiple
DER Type (Check all that apply):
Solar Photovoltaic Wind Energy Storage
Combined Heat and PowerSolar Thermal Other (please specify)
DER systems with Energy Storage must also submit the Energy Storage Application to the Utility.
Inverter Manufacturer: Model:
Phase Configuration of Proposed DER System: Single Three
Aggregate Inverter(s) Nameplate Rating:
Is the export capability of the DER limited? Yes No
If the DER export capacity is limited, include information material explaining the limiting capabilities.
Aggregate DER Capacity (the sum of nameplate capacity of all generation
and storage devices at the PCC):
Installed DER System Cost (before incentives): $
Estimated Installation Date:
Equipment Certification
1
Is the DER equipment certified? Yes No
Please list all certified IEEE 1547 equipment below. Include all certified equipment manufacturer
specification sheets with the Simplified Application submission.
Equipment Type Certifying Entity
1
2
3
1
Information regarding certified equipment can be found in Section 14 and Section 15 of the Overview Process document.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Agreement
Proposed DER interconnections that are also deemed Qualifying Facilities under Minnesota Statutes
§Uniform Contract for Cogeneration and Small Power
Production Facilities. Included in this agreement are payment terms for excess power generated by
the proposed DER system the Utility may purchase
Cogeneration and Small Power Production Facilities, the Interconnection Customer may choose to
instead sign the Municipal Minnesota Interconnection Agreement (MMIA).
The Interconnection Customer requests an MMIA to be executed in lieu of the
Yes No
Facilities.
Disclaimers Must be completed by Interconnection Customer
Initials
The Interconnection Customer has opportunities to request a timeline extension
during the interconnection process. Failure by the Interconnection Customer to
meet or request an extension for a timeline outlined in the Interconnection Process
could result in a withdrawn queue position and the need to re-apply.
Simplified Process may be moved into the Fast Track Process if engineering screens
are failed during the Simplified Application review.
Application Signature Must be completed by Interconnection Customer
I designate the individual or company listed as my Application Agent to serve as my
agent for the purpose of coordinating with the Area EPS Operators on my behalf
__________
throughout the interconnection process.
Initials
I hereby certify that, to the best of my knowledge, the information provided in this Application is true,
and that I have appropriate Site Control in conformance with the Interconnection Process. I agree to
abide by the Municipal Minnesota Distributed Energy Resource Interconnection Process (M-MIP) and
return the Certificate of Completion when the DER has been installed.
___________________________________________ ________________________
Applicant Signature: Date:
***Please print clearly or type and return completed along with any additional documentation***
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Information Required on One-Line Diagram
An Interconnection Application must include a site electrical one-line diagram showing the configuration
of all Distributed Energy Resource equipment, current and potential circuits, and protection and control
schemes. The one-line diagram shall include:
Applicant name.
Application ID.
Installer name and contact information.
Address where DER system will be installed - must match application address.
Be sure to list the address for the protective interface equipment if the protective
interface equipment is located at a different address than the DER system.
Correct positions of all equipment, including but not limited to panels, inverter, and DC/AC
disconnect. Include distances between equipment, and any labeling found on equipment.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Application
Persons interested in applying for the
distribution system through the Fast Track or Study Processes are to fill out this Interconnection
Application. The Interconnection Application is to be filled out completely by the applicant or as noted
in each section of the application. The Utility will contact the applicant within 10 business days once the
Interconnection Application and the corresponding processing fee is submitted to the Utility. The Utility
will then notify the applicant of the completeness of their application. If the application is deemed
incomplete by the Utility, the Utility will provide the applicant with a list of missing material. The
applicant will then have 10 business days to provide the Utility with this information or request an
extension, otherwise the application will be deemed incomplete and the applicant will lose their place in
the queue. Section that are noted with * are required to be filled out.
Checklist for Submission to Utility
The items below shall be included with submittal of the Interconnection Application to the Utility.
Failure to include all items will deem the Interconnection Application incomplete.
Included
Non-Refundable Processing Fee
Fast Track
$100 + $1/kW for Certified Systems
Yes
$100 + $2/kW for Non-Certified Systems
Study Process
$1,000 + $2/kW down payment. Additional study fees may apply.
One-line diagram
This one-line diagram must be signed and stamped by a Professional
Engineer licensed in Minnesota if the DER is uncertified greater than 20 kW
Yes
AC or if certified system is over 250 kW.
Details required on one-line diagram specified at the end of the
interconnection application.
Schematic drawings for all protection and control circuits, relay current circuits,
Yes
relay potential circuits, and alarm/monitoring circuits
Inverter Specification Sheet(s) (if applicable) Yes
Documentation that describes and details the operation of protection and control
Yes
schemes
Documentation showing site control Yes
Aerial map showing DER system layout including major roadways and true north Yes
Possible Additional Documentation
If the DER export capacity is limited, include information material explaining the limiting
capabilities.
If Energy Storage is included with the proposed DER system include the Energy Storage
Application.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
General *
Select Review Process: Fast Track Process Study Process
New Distribution Energy Capacity Addition or Material Modification
Application is for:
Resource to Existing Distributed Energy Resource
If Capacity Addition or Material Modification to existing facility, please describe:
Distributed Energy Resource will be used for what reason? (Check all that apply):
Net MeteringSupply Power to Interconnection Customer
Supply Power to Area EPS
Installed DER System Cost (before incentives):$
Interconnection Customer *
Full Name (must match the name of the existing service account):
Account Number: Meter Number:
Mailing Address:
City: State: Zip Code:
Email: Phone:
* Indicates section must be completed.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Application Agent *
Is the Customer using an Application Agent for this application? Yes No
If Interconnection Customer is not using an Application Agent, please skip to the next section.
Application Agent:
Company Name:
Email: Phone:
Distributed Energy Resource Information *
Estimated Installation Date:
Location (if different from mailing address of Interconnection Customer):
Will the Proposed DER system be interconnected to an existing electric service? Yes No
Is the Distributed Energy Resource a single generating unit or multiple? Single Multiple
DER Type (Check all that apply):
Solar Photovoltaic Wind Energy Storage
Combined Heat and PowerSolar Thermal Other (please specify)
DER systems with Energy Storage must also submit the Energy Storage Application to the Utility.
Total Number of Distributed Energy Resources to be
interconnected pursuant to this Interconnection Application:
Single Phase Three Phase
Phase configuration of Distributed Energy Resource(s):
Type of Generator:
Inverter Synchronous Induction
Aggregate DER Capacity (the sum of nameplate capacity of all generation and storage devices at the
PCC):
kW
kVA
ac
ac
* Indicates section must be completed.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Export Capacity Limitation*
Is the export capability of the DER limited? Yes No
If the DER export capacity is limited, complete the following sections and include information material
explaining the limiting capabilities.
Maximum Physical Export Capacity Requested: kW
ac
If Yes, please provide additional details describing method of export limitation:
Load Information *
-sited Load: kW
ac
Typical Reactive Load (if known):
Equipment Certification *
Is the DER equipment certified? Yes No
Please list all IEEE 1547 certified equipment below. Include all certified equipment manufacturer
specification sheets with the Interconnection Application submission.
Equipment Type Certifying Entity
1
2
3
4
* Indicates section must be completed.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Prime Mover*
Please indicate the prime mover:
Solar Photovoltaic Microturbine Fuel Cell
Reciprocating Engine Gas Turbine Other (please specify)
Is the prime mover compatible with certified protection equipment package? Yes No
DER Manufacturer: Model Name & Number: Version:
List of Adjustable Set Points for Protection Equipment or Software:
Summer Name Plate Rating: kW Summer Name Plate Rating: kW
acac
Winter Name Plate Rating: kVA Winter Name Plate Rating: kVA
acac
Rated Power Factor: Leading: Lagging:
A completed Power System Load Flow data sheet must be supplied with the Interconnection
Application.
Only appropriate sections beyond this point until the signature page are to be completed.
Distributed Energy Resource Characteristic Data (for Inverter-based machines)
Max design fault contribution current:
Is your response to the previous field an Instantaneous or RMS
Instantaneous RMS
measurement?
Harmonic Characteristics:
Start-up Requirements:
* Indicates section must be completed.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Distributed Energy Resource Characteristic Data (for Synchronous machines)
RPM Frequency:Neutral Grounding Resistor:
Direct Axis Synchronous Reactance, : Zero Sequence Reactance, :
Direct Axis Transient Reactance, : KVA Base:
Direct Axis Subtransient Reactance, : Field Volts:
Negative Sequence Reactance, : Field Amperes:
Please provide the appropriate IEEE model block diagram of excitation system, governing system and
power system stabilizer (PSS) in accordance with the regional reliability council criteria. A PSS may be
be submitted.
Distributed Energy Resource Characteristic Data (for Induction machines)
RPM Frequency: Neutral Grounding Resistor:
Motoring Power (kW): Exciting Current:
Heating Time Constant: Temperature Rise:
Rotor Resistance, : Frame Size:
Stator Resistance, : Design Letter:
Stator Reactance, : Reactive Power Required In Vars (No Load):
Rotor Reactance, : Reactive Power Required In Vars (Full Load):
Magnetizing Reactance, : Total Rotating Inertia, H:
Short Circuit Reactance, :
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Facilities Information
Will a transformer be used between the DER and the Point of
Yes No
Common Coupling?
Will the transformer be provided by the Interconnection Customer?
Yes No
If yes, please fill in the fields below.
Proposed location of protective interface equipment on property:
Transformer Data (For Interconnection Customer-Owned Transformer)
What is the phase configuration of the transformer? Single Phase Three Phase
Size (kVA): Transformer Impedance (%): On kVA Base:
Transformer Volts: Delta: Wye: Wye Grounded:
(Primary)
Transformer Volts: Delta: Wye: Wye Grounded:
(Secondary)
Transformer Volts: Delta: Wye: Wye Grounded:
(Tertiary)
Transformer Fuse Data (For Interconnection Customer-Owned Fuse)
Manufacturer: Type: Size: Speed:
Interconnecting Circuit Breaker (For Interconnection Customer-Owned Circuit Breaker)
Manufacturer: Type:
Load Rating (in Amps): Interrupting Rating (In Amps): Trip Speed (Cycles):
Interconnection Protective Relays (For Microprocessor Controlled Relays)
Setpoint Function Minimum Maximum
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Protective Relays (For Relays with Discrete Components)
Manufacturer: Type: Style/Catalog No.: Proposed Setting:
Manufacturer: Type: Style/Catalog No.: Proposed Setting:
Manufacturer: Type: Style/Catalog No.: Proposed Setting:
Manufacturer: Type: Style/Catalog No.: Proposed Setting:
Manufacturer: Type: Style/Catalog No.: Proposed Setting:
Current Transformer Data:
Manufacturer: Type: Accuracy Class: Proposed Ratio Connection:
Manufacturer: Type: Accuracy Class: Proposed Ratio Connection:
Potential Transformer Data:
Manufacturer: Type: Accuracy Class: Proposed Ratio Connection:
Manufacturer: Type: Accuracy Class: Proposed Ratio Connection:
For Office Use Only
Application ID:
Date Received: Application Fee Received: Yes No
Date Completed:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Agreement*
Proposed DER interconnections that are also deemed Qualifying Facilities less than 40 kW AC under
Minnesota Statutes §Uniform Contract for Cogeneration and
Small Power Production Facilities. Included in this agreement are payment terms for excess power
generated by the proposed DER system the Utility may purchaseUniform
Contract for Cogeneration and Small Power Production Facilities, the Interconnection Customer may
choose to instead sign the Municipal Minnesota Interconnection Agreement (MMIA).
The Interconnection Customer requests an MMIA to be executed in lieu of the
Yes No
Uniform Contract for Cogeneration and Small Power Production
Facilities.
Disclaimers Must be completed by Interconnection Customer *
Initials
The Interconnection Customer has opportunities to request a timeline extension
during the interconnection process. Failure by the Interconnection Customer to
meet or request an extension for a timeline outlined in the Interconnection Process
could result in a withdrawn queue position and the need to re-apply.
on submitted under the Fast
Track Process may be moved into the Study Process if engineering screens are failed
during the Interconnection Application review.
Application Signature Must be completed by Interconnection Customer *
I designate the individual or company listed as my Application Agent to serve as my
agent for the purpose of coordinating with the Area EPS Operators on my behalf
__________
throughout the interconnection process.
Initials
I hereby certify that, to the best of my knowledge, the information provided in this Application is true,
and that I have appropriate Site Control in conformance with the Interconnection Process. I agree to
abide by the Municipal Minnesota Distributed Energy Resource Interconnection Process (M-MIP) and
will inform the Utility if the proposed DER system changes from the details listed in this
Interconnection Application.
___________________________________________ ________________________
Applicant Signature: Date:
***Please print clearly or type and return completed along with any additional documentation***
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Information Required on One-Line Diagram
An Interconnection Application must include a site electrical one-line diagram showing the configuration
of all Distributed Energy Resource equipment, current and potential circuits, and protection and control
schemes. The one-line diagram shall include:
Applicant name.
Application ID.
Installer name and contact information.
Address where DER system will be installed - must match application address.
Be sure to list the address for the protective interface equipment if the protective
interface equipment is located at a different address than the DER system.
Correct positions of all equipment, including but not limited to panels, inverter, and DC/AC
disconnect. Include distances between equipment, and any labeling found on equipment.
This one-line diagram must be signed and stamped by a Minnesota licensed Professional Engineer if the
Distributed Energy Resource is larger than 20 kW (if uncertified) and 250 kW (if certified.)
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Storage Application
This form is required in addition to a completed Interconnection Application form for any DER with an
energy storage component. An application to interconnect energy storage is only required for storage
designed to operate in parallel with the distribution system. Electric vehicles and backup generators do
not need to apply.
Energy Storage
Application for: Stand-alone storage as DER Storage as component of DER
Customer Account Number:
Address of Generating Facility:
City: State: Zip Code:
Equipment Manufacturer: Equipment Model:
Max Continuous Real Power (In kW): Max Continuous Apparent Power (In kVA):
Power Factor range of adjustability: Peak AC Energy (In kWh):
Is the equipment UL 1741 listed? ağƓǒŅğĭƷǒƩĻƩ ƭƦĻĭźŅźĭğƷźƚƓ
Yes No
ƭŷĻĻƷΛƭΜ ğƩĻ ƩĻƨǒźƩĻķ Ʒƚ ĬĻ ğƷƷğĭŷĻķ Ʒƚ Ʒŷźƭ ğƦƦƌźĭğƷźƚƓ͵
Is the storage 100% charged by a net energy metering eligible
Yes No
energy source?
Source charging the storage Λ/ŷĻĭƉ ğƌƌ ƷŷğƷ ğƦƦƌǤΜ:
Utility Wind Solar
Diesel Other (please specify)
Is the storage configured to export energy to the Area EPS? Yes No
Are the settings accessible to the end user? Yes No
For Office Use Only
Application ID: Queue Number:
Date Received:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Energy Storage
Available control operating modes:
Control modes being enabled for interconnection:
For non-export, how does the system determine the magnitude of customer load?
What is the process for changing operational modes of the energy storage?
tƌĻğƭĻ ğƷƷğĭŷ ğƓǤ ğķķźƷźƚƓğƌ ƒğƷĻƩźğƌƭ͵
ELK RIVER MUNICIPAL UTILITIES
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
{ǒƦƦƌĻƒĻƓƷğƌ wĻǝźĻǞ hŅŅĻƩ
The Distributed Energy Resource (DER) Interconnection Application in the name of _______(Interconnection
Customer)____________ for a DER system described as _______________(description of DER System)________
and proposed to be located at _________________(Address or Legal Description)___________________________
has failed one or more of the initial engineering screens. To continue with the Interconnection Process, the
Interconnection Customer may choose to continue with a Supplemental Review or may choose the
Interconnection Application to be evaluated under the Study Process track. The Interconnection Customer has
fifteen (15) Business Days to indicate to the Area Electrical Power System (EPS) Operator, the next step in the
Interconnection Process and return this Supplemental Review Offer or the Interconnection Application will only
continue to be evaluated under the Study Process track or be deemed withdrawn.
Interconnection Customer agrees that the Area EPS Operator shall:
______ Proceed with a Supplemental Review of the Interconnection Application.
______ Continue evaluation of the Interconnection Application under the Study Process track.
______ Deem the Interconnection Application withdrawn.
If the Interconnection Customer chooses to proceed with the Supplemental Review, the Interconnection Customer
shall note the order in which the Supplemental Review screens should be performed and indicate the action the
Area EPS Operator should take if a Supplement Review screen has failed.
{ǒƦƦƌĻƒĻƓƷğƌ hƩķĻƩ Ʒƚ /ƚƭƷ 9ƭƷźƒğƷĻ ƚŅ
wĻǝźĻǞ {ĭƩĻĻƓ tĻƩŅƚƩƒ {ĭƩĻĻƓƭ wĻǝźĻǞ {ĭƩĻĻƓ
Minimum Load
Voltage & Power Quality
Safety & Reliability
ƚƷğƌ 5ĻƦƚƭźƷ wĻƨǒźƩĻķ
Upon failure of a Supplemental Review screen or upon notification the Area EPS Operator is unable to complete a
Supplemental Review screen, the Interconnection Customer agrees that the Area EPS Operator shall:
______ Proceed with the remaining Supplemental Review screens.
______ Stop the Supplemental Review screens and continue evaluation of the Interconnection Application under
the Study Process track.
______ Stop the Supplemental Review screens and contact the Interconnection Customer for further instructions.
______ Deem the Interconnection Application withdrawn.
M-MIP Supplemental Review Offer January 2019
250
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
The Area EPS Operator has indicated a good faith estimate of the cost for each Supplemental Review screen. The
full estimate is due as a deposit prior to the start of any Supplemental Review. Upon completion of the
Supplemental Review or termination of the Supplemental Review by the Interconnection Customer, the balance of
the actual Supplemental Review costs will be billed or credited to the Interconnection Customer. The balance shall
be paid in full to the respective party within twenty (20) Business Days of receipt of the final Supplemental Review
invoice from the Area EPS Operator.
The Area EPS Operator shall have thirty (30) Business Days to complete the Supplemental Review upon receipt of a
signed copy of this Supplemental Review Offer and the deposit required. The Area EPS Operator shall provide the
Interconnection Customer with a written report indicating the Supplemental Review results and the underlying
analysis performed.
The Interconnection Customer agrees to terms and conditions specified in this Supplemental Review Offer and in
the Fast Track Process document. The Interconnection Customer understands the Supplemental Review screens will
not start until the deposit is received by the Area EPS Operator.
Interconnection Customer Signature
Date
CƚƩ hŅŅźĭĻ
ƭĻ hƓƌǤ
Application ID:
Date Offer Received: Date Deposit Received:
Date Supplement Review Results Provided to Interconnection Customer:
251
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
5 kW Hometown
ABSTRACT
Solar
Agreement outlining the scope, timeline and
Olivia, MN
impact to the distribution system
INTERCONNECTION
PROCESS
System Impact Study
Agreement
252
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
System Impact Study Agreement
THIS AGREEMENT is made and entered into this _____day of______________ 20___ by and
between_____________________________________________________,
municipal utility
existing under
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Distributed Energy
Resource (DER) or generating capacity addition to an existing DER consistent with the
Interconnection Application completed by the Interconnection Customer
on________________________(date); and
WHEREAS, the Interconnection Customer desires to interconnect the DER with the Area EPS
Electric System; S
WHEREAS, the Interconnection Customer has requested the Area EPS Operator to perform a
System Impact Study to assess the impact of interconnecting the DER with the Area EPS
Electric System, and potential Affected System(s);
NOW, THEREFORE, in consideration of, and subject to, the mutual covenants contained herein
the Parties agreed as follows:
1.When used in this Agreement, with initial capitalization, the terms specified shall have
the meanings indicated, or the meanings specified, in the Municipal Minnesota
Distributed Energy Resources Interconnection Process (M-MIP).
2.The Interconnection Customer elects and the Area EPS Operator shall cause to be
performed a System Impact Study consistent with the M-MIP. The scope of a System
M-MIP System Impact Study Agreement _ January 2019 1
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Impact Study shall be subject to the assumptions set forth in this Agreement; including
Attachment A.
3.A System Impact Study will be based upon the technical information provided by
Interconnection Customer in the Interconnection Application. The Area EPS Operator
reserves the right to request additional technical information from the Interconnection
Customer as may reasonably become necessary consistent with Good Utility Practice
during the course of the System Impact Study.
4.A System Impact Study may, as necessary, consist of a short circuit analysis, a stability
analysis, a power flow analysis, voltage drop and flicker studies, protection and set point
coordination studies, and grounding reviews. A System Impact Study shall state the
assumptions upon which it is based, state the results of the analyses, and provide the
requirement or potential impediments to providing the requested interconnection
service, including a preliminary indication of the cost and length of time that would be
necessary to correct any problems identified in those analyses and implement the
interconnection. A System Impact Study shall provide a list of facilities that are required
as a result of the Interconnection Application and non-binding good faith estimates of
cost responsibility and time to construct. A Facilities Study may be required to identify
all possibilities of facility upgrades, cost estimates and estimate of construction time.
5.A distribution System Impact Study shall incorporate a distribution load flow study, an
analysis of equipment interrupting ratings, protection coordination study, voltage drop
and flicker studies, protection and set point coordination studies, grounding reviews,
and the impact on electric system operation, as necessary.
6.If the System Impact Study determines Affected Systems may be affected, a separate
Transmission System Impact Study may be required. All Affected Systems shall be
M-MIP System Impact Study Agreement _ January 2019 2
254
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
afforded an opportunity to review and comment upon a System Impact Study that
indicates potential adverse system impacts on their electric systems.
7.If the Area EPS Operator uses a queuing procedure for sorting or prioritizing projects
and their associated cost responsibilities for any required Network Upgrades, the
System Impact Study shall consider all Distributed Energy Resources (and with respect
to Section 7.3 below, any identified Upgrades associated with such higher queued
interconnection) that, on the date the System Impact Study is commenced.
7.1.Electric System; or
7.2.Are interconnected with Affected Systems and may have an impact on the
proposed interconnection; and
7.3.Have a pending higher queued Interconnection Application to interconnect with
Electric System.
8.A deposit of the equivalent of the good faith estimated cost of a System Impact Study
shall be required from the Interconnection Customer when the signed Agreement is
provided to the Area EPS Operator.
9.include a
summary of professional time. An invoice shall be sent to the Interconnection Customer
within twenty (20) Business Days after the study is completed and delivered.
10.The Interconnection Customer must pay any study costs that exceed the deposit
without interest, within twenty (20) Business Days, on receipt of the invoice or
resolution of any dispute. If the deposit exceeds the invoiced fees, the Area EPS
M-MIP System Impact Study Agreement _ January 2019 3
255
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Operator shall refund such excess within twenty (20) Business Days of the invoice
without interest.
11.Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this Agreement and each of its
provisions, shall be governed by the laws of the State of Minnesota. This Agreement is
subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to
seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a
Governmental Authority.
12.Amendment
The Parties may amend this Agreement by a written instrument duly executed by both
Parties.
13.No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of
any character whatsoever in favor of any persons, corporations, associations, or entities
other than the Parties, and the obligations herein assumed are solely for the use and
benefit of the Parties, their successors in interest and where permitted, their assigns.
14.Waiver
14.1.The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement, will not be considered a waiver
of any obligation, right, or duty of, or imposed upon, such Party.
14.2.Any waiver at any time by either Party of its rights with respect to this
Agreement shall not be deemed a continuing waiver or a waiver with respect to
any other failure to comply with any other obligation, right, duty of this
Agreement. Termination or default of this Agreement for any reason by the
M-MIP System Impact Study Agreement _ January 2019 4
256
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Interconnection Customer, shall not constitute a waiver of the Interconnection
ction from the Area EPS Operator.
Any waiver of this Agreement shall, if requested, be provided in writing.
15.Multiple Counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed
an original but all constitute one and the same instrument.
16.No Partnership
This Agreement shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties, or to impose any
partnership obligation or partnership liability upon either Party. Neither Party shall have
any right, power or authority to enter into any agreement or undertaking for, or act on
behalf of, or to act as or be an agent or representative of, or to otherwise bind, the
other Party.
17.Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to
be invalid or illegal or unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shall be deemed separate and
independent, (2) the Parties shall negotiate in good faith to restore, insofar as
practicable, the benefits to each Party that were affected by such ruling, and (3) the
remainder of this Agreement shall remain in full force and effect.
18.Subcontractors
18.1.Nothing in this Agreement shall prevent a Party from utilizing the services of any
subcontractor as it deems appropriate to perform its obligations under this
Agreement; provided, however, that each Party shall require its subcontractors
to comply with all applicable terms and conditions of this Agreement, in
M-MIP System Impact Study Agreement _ January 2019 5
257
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
providing such services and each Party shall remain primarily liable to the other
Party for the performance of such subcontractor.
18.2.The creation of any subcontract relationship shall not relieve the hiring Party of
any of its obligations under this Agreement. The hiring Party shall be fully
responsible to the other Party for the acts or omissions of any subcontractor the
hiring Party hires, as if no subcontract had been made; provided, however, that
in no event shall the Area EPS Operator be liable for the actions or inactions of
the Interconnection Customer or thier subcontractors with respect to obligations
of the Interconnection Customer under this Agreement. Any applicable
obligation imposed by this Agreement, upon the hiring Party, shall be equally
binding upon, and shall be construed as having application to, any subcontractor
of such Party.
18.3.The obligations under this article will not be limited in any way by any limitation
19.Inclusion of Area EPS Operator Tariffs and Rules
The interconnection services provided under this Agreement, shall at all times, be
subject to the terms and conditions set forth in the tariff schedules and rules applicable
to the electric service provided by the Area EPS Operator, which tariff schedules and
rules are hereby incorporated into this Agreement by this reference. Notwithstanding
any other provisions of this Agreement, the Area EPS Operator shall have the right to
unilaterally change rates, charges, classification, service, tariff, or rule or any agreement
relating thereto. The Interconnection Customer shall have the right to protest any such
change through the Area EPS Opera, pursuant to the
Area EPS Opes rules and regulations.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
\[Insert Name of Area EPS Operator\] \[Insert Name of Interconnection Customer\]
(Signature) (Signature)
(Title) (Title)
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259
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment A
Assumptions Used in Conducting the System Impact Study
The System Impact Study shall be based upon the following assumptions:
1) Designation of Point of Common Coupling and configuration to be studied.
2) Designation of alternative Points of DER Interconnection and configuration.
1) and 2) are to be completed by the Interconnection Customer. Other assumptions (attached
to this Agreement) are to be provided by the Interconnection Customer and the Area EPS
Operator. The Area EPS Operator shall use the Reference Point for Applicability which is either
the Point of Common Coupling or the Point(s) of DER Interconnection as described in IEEE 1547.
Additional DER Technical Data Required for System Impact Study
If applicable, the Area EPS Operator shall provide a list of any additional technical data that is
required to adequately perform the System Impact Study. This list of required technical data
shall be attached to this Agreement. As indicated in Section 4 of the Study Process document of
the M-MIP, this information is to be returned with the signed System Impact Study Agreement
and deposit.
Data to Be Provided by the Area EPS Operator with the System Impact Study Agreement
Estimate Cost of System Impact Study $
Time duration to complete System Impact Study Business Days
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
Agreement outlining the scope, timeline and
facility changes to the distribution system
Buffalo, MN
INTERCONNECTION
PROCESS
Facility Study Agreement
261
SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Facilities Study Agreement
THIS AGREEMENT is made and entered into this _____day of______________ 20___ by and
between_____________________________________________________,
a municipal utility
Cust
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Distributed Energy
Resource (DER) or generating capacity addition to an existing DER consistent with the
Interconnection Application completed by the Interconnection Customer
on________________________(date); and
WHEREAS, the Interconnection Customer desires to interconnect the DER with the Area EPS
Electric System;
WHEREAS, the Area EPS Operator has completed Initial Review, Supplemental Review, and/or a
System Impact Study, and provided the results of said review to the Interconnection Customer,
or determined none was required; and
WHEREAS, the Interconnection Customer has requested the Area EPS Operator to perform a
Facilities Study(s) to specify, and estimate the cost of, the equipment, engineering,
procurement and construction work, needed to implement the conclusions of the above noted
review in accordance with Good Utility Practice, to physically and electrically connect the DER
NOW, THEREFORE, in consideration of, and subject to, the mutual covenants contained herein
the Parties agreed as follows:
M-MIP Facility Study Agreement _January 2019 1
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
1.When used in this Agreement, with initial capitalization, the terms specified shall have the
meanings indicated, or the meanings specified, in the Municipal Minnesota Distributed
Energy Resources Interconnection Process (M-MIP).
2.The Interconnection Customer elects and the Area EPS Operator shall cause a Facilities
Study consistent with the standard M-MIP to be performed. The scope of the Facilities
Study shall be subject to data provided in Section 17 to this Agreement.
3.The Facilities Study shall specify and estimate the cost of the equipment, engineering,
procurement and construction work (including overheads), needed to implement the
conclusions of the System Impact Study(s). The Facilities Study shall also identify: 1) the
electrical switching configuration of the equipment, including, without limitation,
transformer, switchgear, meters, and other station equipment, 2) the nature and estimated
, necessary to
accomplish the interconnection, and 3) an estimate of the time required to complete the
construction and installation of such facilities.
4.The Area EPS Operator may propose to group facilities required for more than one
Interconnection Customer in order to minimize facilities costs through economies of scale.
Any Interconnection Customer may require the installation of facilities required for its own
Distributed Energy Resource, if they are willing to pay the costs of those facilities.
5.A deposit of the equivalent of the good faith estimated cost of a distribution Facility Study
shall be required from the Interconnection Customer when the signed Agreement is
provided to the Area EPS Operator.
6.Ainclude a
summary of professional time. An invoice shall be sent to the Interconnection Customer
within twenty (20) Business Days after the study is completed and delivered.
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7.The Interconnection Customer must pay any study costs that exceed the deposit without
interest, within twenty (20) Business Days, on receipt of the invoice or resolution of any
dispute. If the deposit exceeds the invoiced fees, the Area EPS Operator shall refund such
excess within twenty (20) Business Days of the invoice without interest.
8.Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this Agreement and each of its provisions,
shall be governed by the laws of the State of Minnesota. This Agreement is subject to all
Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in,
appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.
9.Amendment
The Parties may amend this Agreement by a written instrument duly executed by both
Parties.
10.No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations, associations, or entities other
than the Parties, and the obligations herein assumed are solely for the use and benefit of
the Parties, their successors in interest and where permitted, their assigns.
11.Waiver
11.1.The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement, will not be considered a waiver of
any obligation, right, or duty of, or imposed upon, such Party.
11.2.Any waiver at any time by either Party of its rights with respect to this Agreement
shall not be deemed a continuing waiver or a waiver with respect to any other failure
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to comply with any other obligation, right, duty of this Agreement. Termination or
default of this Agreement for any reason by the Interconnection Customer, shall not
interconnection from the Area EPS Operator. Any waiver of this Agreement shall, if
requested, be provided in writing.
12.Multiple Counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed an
original but all constitute one and the same instrument.
13.No Partnership
This Agreement shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties, or to impose any
partnership obligation or partnership liability upon either Party. Neither Party shall have any
right, power or authority to enter into any agreement or undertaking for, or act on behalf
of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
14.Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to be
invalid or illegal or unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shall be deemed separate and
independent, (2) the Parties shall negotiate in good faith to restore, insofar as practicable,
the benefits to each Party that were affected by such ruling, and (3) the remainder of this
Agreement shall remain in full force and effect.
15.Subcontractors
15.1.Nothing in this Agreement shall prevent a Party from utilizing the services of any
subcontractor as it deems appropriate to perform its obligations under this
Agreement; provided, however, that each Party shall require its subcontractors to
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comply with all applicable terms and conditions of this Agreement, in providing such
services and each Party shall remain primarily liable to the other Party for the
performance of such subcontractor.
15.2.The creation of any subcontract relationship shall not relieve the hiring Party of any
of its obligations under this Agreement. The hiring Party shall be fully responsible to
the other Party for the acts or omissions of any subcontractor the hiring Party hires,
as if no subcontract had been made; provided, however, that in no event shall the
Area EPS Operator be liable for the actions or inactions of the Interconnection
Customer or their subcontractors with respect to obligations of the Interconnection
Customer under this Agreement. Any applicable obligation imposed by this
Agreement, upon the hiring Party, shall be equally binding upon, and shall be
construed as having application to, any subcontractor of such Party.
15.3.The obligations under this article will not be limited in any way by any limitation of
16.Inclusion of Area EPS Operator Tariffs and Rules
The interconnection services provided under this Agreement, shall at all times, be subject to
the terms and conditions set forth in the tariff schedules and rules applicable to the electric
service provided by the Area EPS Operator, which tariff schedules and rules are hereby
incorporated into this Agreement by this reference. Notwithstanding any other provisions
of this Agreement, the Area EPS Operator shall have the right to unilaterally change rates,
charges, classification, service, tariff, or rule or any agreement relating thereto. The
Interconnection Customer shall have the right to protest any such change through the Area
, pursuant to the s rules and
regulations.
17.Data to be Provide by Interconnection Customer with Facilities Agreement
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17.1.The Interconnection Customer shall be available to meet on site with the Area EPS
Operator within five (5) Business Days of signing the Facilities Study Agreement. The
personnel furnished by the Interconnection Customer for this site visit shall bring
detailed information on the site layout. The Area EPS Operator may request the
Interconnection Customer physically places stakes at the locations of major
components.
17.2.The Interconnection Customer shall furnish a final site plan detailing the location of
major equipment at the time this agreement is returned. The Point of Common
Coupling (PCC) and Point of Distributed Resource Connection (PoC) shall be clearly
marked. The site plan shall depict any nearby roads and be labeled with the road
name. Accurate dimensions shall be included on the site plan. The proper emergency
(911) address, corresponding to the site, shall be labeled on the site plan.
17.3.The Interconnection Customer shall furnish a final one-line diagram detailing the
electrical connections between major components. The one-line shall be returned
with the signed Facilities Study Agreement.
17.4.Technical cut sheets on all equipment related to metering shall be provided by the
Interconnection Customer along with the signed Facilities Study Agreement.
17.5.If available, copies of the Conditional Use Permits(s) from all necessary authorities
shall be returned by the Interconnection Customer with the signed Facilities Study
Agreement.
17.6.The Interconnection Customer shall secure any necessary easements from private
land owners prior to signing the Facilities Study Agreement. Documentation of any
such agreements shall be provided to the Area EPS Operator.
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17.7.In the event that the Area EPS Operator determines a site survey is necessary in order
to complete a Facilities Study, the Interconnection Customer shall make good faith
efforts to complete the survey in a timely manner.
17.8.The Facilities Study assumes all land use permits required for the interconnection will
be approved by the proper authorities. Permits are submitted after Interconnection
Agreement is signed and may impact project costs (i.e. overhead to underground
requirements.)
17.9.The Interconnection Customer and Area EPS Operator shall provide a single point of
contact for design and construction related matters. The Interconnection Customer
questions during the Facilities Study.
17.10.In the event that an Interconnection Customer does not provide the necessary
information described in this Agreement, or if the Interconnection Customer takes
more than five (5) Business Days to respond to a question during the Facilities Study,
the Facilities Study timeframe shall pause until the question is resolved.
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IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
\[Insert Name of Area EPS Operator\] \[Insert Name of Interconnection Customer\]
(Signature) (Signature)
(Title) (Title)
Data to Be Provided by the Area EPS Operator with the Facilities Study Agreement
Estimate Cost of Facility Study $
Time duration to complete Facility Study Business Days
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ABSTRACT
Agreement outlining the scope, timeline and
system impact to the transmission system
Minnesota Municipal Power Agency Oak Glen Wind
Turbine
Blooming Prairie, MN
INTERCONNECTION
PROCESS
Transmission System
Study Impact Agreement
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Transmission System Impact Study Agreement
THIS AGREEMENT is made and entered into this _____day of______________ 20___ by and
between_____________________________________________________,
municipal utility
, and
______________________________, a transmission system owner existing under the laws of
the State of Minnesota. Interconnection Customer, Area EPS
Operator and Transmission Provider
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Distributed Energy
Resource or generating capacity addition to an existing DER, (in either case referred to herein
the
Interconnection Application completed by the Interconnection Customer and submitted to the
Area EPS Operator on________________________; and
WHEREAS, the Interconnection Customer has requested the Area EPS Operator to work with
the Transmission Provider to perform a Transmission System Impact Study to assess the impact
of interconnecting the DER with the
Electric System, and to determine if there are potential Affected System(s)
system;
NOW, THEREFORE, in consideration of, and subject to, the mutual covenants contained herein
the Parties agreed as follows:
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1.When used in this Agreement, with initial capitalization, the terms specified shall have
the meanings indicated, or the meanings specified, in the Municipal Minnesota
Distributed Energy Resources Interconnection Process (M-MIP).
2.The Interconnection Customer requests and the Area EPS Operator and its Transmission
Provider agrees to perform a Transmission System Impact Study consistent with the M-
MIP. The Interconnection Customer understands and acknowledges that each of the
Area EPS Operator and the Transmission Provider may perform separate system impact
studies. The scope of a Transmission System Impact Study shall be subject to the
assumptions set forth in this Agreement; including Attachment A.
3.A Transmission System Impact Study will be based upon the technical information
provided by Interconnection Customer in the Interconnection Application. Each of the
Area EPS Operator and Transmission Provider reserve the right to request additional
technical information from the Interconnection Customer as may reasonably become
necessary consistent with Good Utility Practice during the course of the System Impact
Study. Neither the Area EPS Operator nor the Transmission Provider will be obligated to
commence the Transmission System Impact Study until each has received adequate
technical information from the Interconnection Customer.
4.In the event that the applicable bulk transmission system generation interconnection
process, (such as the Midcontinent Independent System Operator or MISO, or
Southwest Power Pool or SPP), supersedes the M-MIP, the Transmission Provider will so
notify the Interconnection Customer and this Agreement will be deemed terminated.
5.A Transmission System Impact Study may, as determined by the Area EPS Operator
and/or the Transmission Provider, consist of a short circuit analysis, a stability analysis, a
power flow analysis, voltage analysis and flicker studies, protection and set point
coordination studies, and grounding reviews. A Transmission System Impact Study shall
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state the assumptions upon which it is based, indicate the applicable Local Planning
Criteria used, state the results of the analyses, and provide the requirement or potential
impediments to providing the requested interconnection service, including a preliminary
indication of the cost and length of time that would be necessary to correct any
problems identified in those analyses and provide for the interconnection. A
Transmission System Impact Study shall provide a list of transmission facilities that are
required as a result of the Interconnection Application and non-binding good faith
estimates of cost responsibility and time to construct such transmission facilities. A
Facilities Study may be required to identify all possibilities of facility upgrades, cost
estimates and estimate of construction time.
6.If the Transmission Provider determines there are any potential Affected System(s), the
Affected System(s) will be asked to participate in or review/comment on the
Transmission System Impact Study. The Affected System(s) will be entitled to determine
in their sole discretion the extent of their participation or review/comment, and will be
entitled to apply their respective Local Planning Criteria. The Transmission Provider will
participation in or review/comment on the Transmission System Impact Study.
7.The Transmission System Impact Study will be scheduled for completion taking in
consideration for prior-queued projects in the applicable bulk transmission generation
interconnection queue .
The Transmission Provider and/or the Area EPS Operator shall notify the
Interconnection Customer if such condition exists.
8.The Area EPS Operator and/or the Transmission Provider shall provide an estimate of
the cost of the Transmission System Impact Study to the Interconnection Customer. At
the time that the Interconnection Customer executes this Agreement, the
Interconnection Customer shall provide a deposit of the estimated cost(s) of the
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Transmission System Impact Study to the Area EPS Operator and/or Transmission
Provider, as applicable.
9.The Interconnection Customer shall be responsible for the actual costs incurred by the
Area EPS Operator and/or the Transmission Provider to perform the Transmission
System Impact Study. An invoice documenting the actual costs shall be sent by the Area
EPS Operator and/or Transmission Provider to the Interconnection Customer within
twenty (20) Business Days after the study is completed and delivered.
10.The Interconnection Customer shall pay the invoice amount less the deposit amount,
within twenty (20) Business Days, on receipt of the invoice. If the deposit exceeds the
actual cost of the study, the Transmission Provider shall refund such excess amount
within twenty (20) Business Days of the date of the invoice.
11.Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this Agreement and each of its
provisions, shall be governed by the laws of the State of Minnesota. This Agreement is
subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to
seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a
Governmental Authority.
12.Amendment
The Parties may amend this Agreement by a written instrument duly executed by both
Parties.
13.No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of
any character whatsoever in favor of any persons, corporations, associations, or entities
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
other than the Parties, and the obligations herein assumed are solely for the use and
benefit of the Parties, their successors in interest and where permitted, their assigns.
14.Waiver
14.1.The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement, will not be considered a waiver
of any obligation, right, or duty of, or imposed upon, such Party.
14.2.Any waiver at any time by either Party of its rights with respect to this
Agreement shall not be deemed a continuing waiver or a waiver with respect to
any other failure to comply with any other obligation, right, duty of this
Agreement. Termination or default of this Agreement for any reason by the
Interconnection Customer, shall not constitute a waiver of the Interconnection
Any waiver of this Agreement shall, if requested, be provided in writing.
15.Multiple Counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed
an original but all constitute one and the same instrument.
16.No Partnership
This Agreement shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties, or to impose any
partnership obligation or partnership liability upon a Party. No Party shall have any right,
power or authority to enter into any agreement or undertaking for, or act on behalf of,
or to act as or be an agent or representative of, or to otherwise bind, any other Party.
17.Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to
be invalid or illegal or unenforceable by any court of competent jurisdiction or other
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Governmental Authority, (1) such portion or provision shall be deemed separate and
independent, (2) the Parties shall negotiate in good faith to restore, insofar as
practicable, the benefits to each Party that were affected by such ruling, and (3) the
remainder of this Agreement shall remain in full force and effect.
18.Subcontractors
18.1.Nothing in this Agreement shall prevent a Party from utilizing the services of any
subcontractor as it deems appropriate to perform its obligations under this
Agreement; provided, however, that each Party shall require its subcontractors
to comply with all applicable terms and conditions of this Agreement, in
providing such services and each Party shall remain primarily liable to the other
Party for the performance of such subcontractor.
18.2.The creation of any subcontract relationship shall not relieve the hiring Party of
any of its obligations under this Agreement. The hiring Party shall be fully
responsible to the other Parties for the acts or omissions of any subcontractor
the hiring Party hires, as if no subcontract had been made; provided, however,
that in no event shall the Area EPS Operator or the Transmission Provider be
liable for the actions or inactions of the Interconnection Customer or its
subcontractors with respect to obligations of the Interconnection Customer
under this Agreement. Any applicable obligation imposed by this Agreement,
upon the hiring Party, shall be equally binding upon, and shall be construed as
having application to, any subcontractor of such Party.
18.3.The obligations under this article will not be limited in any way by any limitation
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
19.Inclusion of Area EPS Operator Tariffs and Rules
The interconnection services provided under this Agreement, shall at all times, be
subject to the terms and conditions set forth in the tariff schedules and rules applicable
to the electric service provided by the Area EPS Operator, which tariff schedules and
rules are hereby incorporated into this Agreement by this reference. Notwithstanding
any other provisions of this Agreement, the Area EPS Operator shall have the right to
unilaterally change rates, charges, classification, service, tariff, or rule or any agreement
relating thereto. The Interconnection Customer shall have the right to protest any such
, pursuant to the
Area EPS Opes rules and regulations.
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
\[Insert Name of Area EPS Operator\] \[Insert Name of Interconnection Customer\]
(Signature) (Signature)
(Title) (Title)
\[Insert Name of Transmission Provider\]
(Signature)
(Title)
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment A
Assumptions Used in Conducting the Transmission System Impact Study
The Transmission System Impact Study shall be based upon the following assumptions:
1) Designation of Point of Common Coupling and configuration to be studied.
2) Designation of alternative Points of DER Interconnection and configuration.
1) and 2) are to be completed by the Interconnection Customer. Other assumptions (listed
below) are to be provided by the Interconnection Customer, the Area EPS Operator and the
Transmission Provider. The Area EPS Operator and Transmission Provider shall use the
Reference Point for Applicability which is either the Point of Common Coupling or the Point(s)
of DER Interconnection as described in IEEE 1547.
Additional DER Technical Data Required for Transmission System Impact Study
If applicable, the Transmission Provider shall attach a list to this Agreement any additional
technical data that is required to adequately perform the Transmission System Impact Study. As
indicated in Section 4 of the Study Process document of the M-MIP, this information is to be
returned with the signed Transmission System Impact Study Agreement and deposit.
Data to Be Provided by the Area EPS Operator and Transmission Provider with the
Transmission System Impact Study Agreement
Estimate Cost of Transmission System Impact Study $
Time duration to complete Transmission System Impact Study Business Days
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
Interconnection agreement for net energy billing DER
systems or DER systems up to 100 kW that are
compensated at avoided cost.
Minnesota Municipal Power Agency 5 kW Hometown Solar
Shakopee, MN
UNIFORM
CONTRACT
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UNIFORM CONTRACTFOR COGENERATION AND SMALL POWER
PRODUCTION FACILITIES
THIS CONTRACT is entered into ___________________, ___, by _______________
_____________________, a municipal utility under Minnesota law,(hereafter called
"Utility") and ________________________________________(hereafter called "QF").
RECITALS
The QF has installed electric generating facilities, consisting of ___________________
_____________________________(Description of facilities), rated at ____kilowattsAC
of electricity, on property located at_________________________________________
_____________________________________________________________________.
The QF is a customer of the Utility located within the assigned electric service territory of
the Utility.
The QF is prepared to generate electricity in parallel with the Utility.
The QF's electric generating facilities meet the requirements of the rulesadopted by the
Utilityon Cogeneration and Small Power Production and any technical standards for
interconnection the Utilityhas established that are authorized by those rules.
The Utilityis obligated under federal and Minnesota law to interconnect with the QF and to
purchase electricity offered for sale by the QF.
A contract between the QF and theUtilityis required.
AGREEMENTS
The QF and the Utilityagree:
1.The Utilitywill sell electricity to the QF under the rate schedule in force for the class
of customer to which the QF belongs.
2.The Utilitywill buy electricity from the QF under thecurrent rate schedule filed with
the city council or city-appointed governing body of the utility.The QF elects the
rate schedule category hereinafter indicated:
____ a. Average retail utilityenergy rate.
QF capacity must be less than 40 kW.
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____ b. Simultaneouspurchase and sale billing rate.
QF capacity must be less than 40 kW.
____ c. Roll-over credits.
QF capacity must be less than 40 kW.
____ d. Time-of-day purchase rates.
QF capacity must be 40 kW or more and less than or equal to 100 kW.
A copy of the presently approved rate schedule is attached to this contract.
3.The rates for sales and purchases of electricity may change over the time this
contract is in force, due to actions of the Utility or the State of Minnesota, and the
QF and the Utilityagree that sales and purchases will be made under the rates in
effect each month during the time this contract is in force.
4.The Utilitywill compute the charges and payments for purchases and sales for
each billing period. Any net credit to the QF, other than kilowatt-hour credits under
clause 2(c), will be made under one of the following options as chosen by the QF.
____ a. Credit to the QF's account with the Utility.
____ b. Paid by check or electronic payment service to the QF within fifteen (15)
days of the billing date.
5.Renewable energy credits associated with generation from the facility are owned
by:
________________________________________________________________.
6.The QF must operate its electric generating facilities within any rules, regulations,
and policies adopted by the Utility not prohibited by the rules governing
Cogeneration and Small Power Production
reasonable technical connection and operating specifications for the QF and are
and Small Power Production, as required under MinnesotaStatutes §216B.164,
subdivision 9.
7.The QF will not enter into an arrangement whereby electricity from the generating
provide electric service in its service area under Minnesota Statutes, §216B.37-44.
8.The QF will operate its electric generating facilities so that they conform to the
national, state, and local electric and safety codes, and will be responsible for the
costs of conformance.
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9.The QF is responsible for the actual, reasonable costs of interconnection which are
estimated to be $___________. The QF will pay the Utilityin this way:
__________________________________________________________________
_________________________________________________________________.
10.The QF will give the Utilityreasonable access to its property and electricgenerating
facilities if the configuration of those facilities does not permit disconnection or
testing from the Utility 's side of the interconnection. If the Utilityenters the QF's
property, the Utilitywill remain responsible for its personnel.
11.The Utilitymay stop providing electricity to the QF during a system emergency. The
Utilitywill not discriminate against the QF when it stops providing electricity or
when it resumes providing electricity.
12.The Utilitymay stop purchasing electricity from the QF when necessary for the
Utilityto construct, install, maintain, repair, replace, remove, investigate, or inspect
any equipment or facilities within its electric system. The Utilitymay stop
purchasing electricity from the QF in the event the generating facilities listed in this
contract are documented to be causing power quality, safety or reliability issues to
the Utility
The Utilitywill notify the QF before it stops purchasing electricity in this way:
__________________________________________________________________
_________________________________________________________________.
13.The QF will keep in force general liability insuranceagainst personal or property
damage due to the installation, interconnection, and operation of its electric
generating facilities. The amount of insurance coverage will be $ ____________.
(The amount must be consistent with the distributed generation tariffadopted by
the Utility pursuant to Minnesota Statutes §216B.1611, subdivision 3, clause 2.)
14.The QF and the Utilityagree to attempt to resolve all disputes arising hereunder
promptlyand in a good faith manner.
15.The city council or city-appointed body governing the Utility has authority to
consider and determine disputes, if any, that arise under this contract in
accordance with procedures in the rules it adopts implementing Minnesota Statute
§216B.164,pursuant to §216B.164, subdivision 9.
16.This contract becomes effective as soon as it is signed by the QF and the Utility.
This contract will remain in force until either the QF or the Utilitygives written notice
to the other that the contract is canceled.This contract will be canceled thirty (30)
days after notice is given.I f the listed electric generating facilities are not
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interconnected to the s distribution system within twelve months of the
contract being signed by the QF and the Utility,the contract terminates. The QF
and the Utilitymay delay termination by mutual agreement.
17.Neither the QF nor the Utility will be considered in default as to any obligation if the
QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor
disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood,
explosion, breakage or accident to machinery or equipment, an order, regulation or
restriction imposed by governmental, military or lawfully established civilian
Utility. However, the QF or
Utility whose performance under this contract is hindered by such an event shall
make all reasonable efforts to perform its obligations.
18.This contract can only be amended or modified by mutual agreement in writing
signed by the QF and the Utility.
19.The QF must notify the Utilityprior to any change in the electric generating
according to the interconnection
processadopted by the Utility.
20.Termination of this contract is allowed (i) by the QF at any time without restriction;
(ii) by Mutual Agreement between the Utilityand the QF; (iii) upon abandonment or
removal of electric generating facilities by the QF; (iv) bythe Utility if the electric
generating facilities are continuously non-operational for any twelve (12)
consecutive month period; (v) by the Utilityif the QF fails to comply with applicable
interconnection design requirements or fails to remedy a violation of the
interconnection process; or (vi) by the Utility upon breach of this contract by the QF
unless cured with notice of cure received by the Utility prior to termination.
21.In the event this contract is terminated, the Utility shall have the rights to disconnect
its facilities or direct the QF to disconnect its generating facilities.
22.This contract shall continue in effect after termination to the extent necessary to
allow either the Utility or the QF to fulfill rights or obligations that arose under the
contract.
23.Transfer of ownership of the generating facilities shall require the new owners and
the Utility to execute a new contract. Upon the execution of a new contract with the
new owners this contract shall be terminated.
24.The QF and the Utilityshall at all times indemnify, defend, and save each other
harmless from any and all damages, losses, claims, including claims and actions
relating to injury or death of any person or damage to property, costs and
court costs, arising out of or resulting
Utilitycontract,
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
except to the extent that such damages, losses or claims were caused by the
negligence or intentional acts of the QF or the Utility.
25.The Utilityand the QF will each be responsible for its own acts or omissions and
the results thereof to the extent authorized by law and shall not be responsible for
the acts or omissions of any others and the results thereof.
26.Utility
under this contract shall be limited to the amount of direct damage actually
occurred. In no event, shall the QF or the Utilitybe liable to each other for any
punitive, incidental, indirect, special, or consequential damages of any kind
whatsoever, including for loss of business opportunity or profits, regardless of
whether such damages were foreseen.
27.TheUtility does not give any warranty, expressed or implied, to the adequacy,
safety, or
28.This contract contains all the agreements made between the QF and the Utility.
The QF and Utility are not responsible other than those stated in this contract.
THE QF AND THE UTILITYHAVE READ THISCONTRACT AND AGREE TO BE
BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH
SIGNED THIS CONTRACT BELOW ON THE DATE LISTED BY SIGNER.
QF
By:________________________________
PrintedName:_______________________
DATE: _____________________________
UTILITY
By: ________________________________
PrintedName:_______________________
DATE: _____________________________
Contract Version:February2019
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
ABSTRACT
For use in lieu of
Buffalo, MN
INTERCONNECTION
AGREEMENT
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Contents
i. Contact Information .......................................................................................................................... 1
1 Scope and Limitations of Agreement ................................................................................... 2
2 Responsibilities of the Parties .............................................................................................. 3
3 Parallel Operation Obligations ............................................................................................. 4
4 Metering ............................................................................................................................... 4
5 Distributed Energy Resource Capabilities and Grid Reliability ............................................ 4
6 Equipment Testing and Inspection ....................................................................................... 5
7 Authorization Required Prior to Parallel Operation ............................................................. 5
8 Right of Access ...................................................................................................................... 5
9 Effective Date ....................................................................................................................... 6
10 Term of Agreement .............................................................................................................. 6
11 Termination .......................................................................................................................... 6
12 Temporary Disconnection .................................................................................................... 6
13 Cost Responsibility for Interconnection Facilities and Distribution Upgrades .................... 8
14 Cost Responsibility for Network Upgrades .......................................................................... 9
15 Billing, Payment, Milestones, and Financial Security ......................................................... 11
16 Assignment, Force Majeure, Consequential Damages, and Default.................................. 12
17 Limitations of Liability ........................................................................................................ 12
18 Non-Warranty ..................................................................................................................... 13
19 Indemnity ........................................................................................................................... 13
20 Consequential Damages ..................................................................................................... 14
21 Force Majeure .................................................................................................................... 14
22 Default ................................................................................................................................ 15
23 Insurance ............................................................................................................................ 15
24 Confidentiality .................................................................................................................... 16
25 Disputes .............................................................................................................................. 17
26 Taxes ................................................................................................................................... 17
27 Miscellaneous ..................................................................................................................... 17
28 Notices ................................................................................................................................ 20
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29 Signatures ........................................................................................................................... 24
Attachment I: Glossary of Terms ............................................................................................... 25
Attachment II: Description and Costs of the Distributed Energy Resource, Interconnection
Facilities, and Metering Equipment........................................................................................... 31
Attachment III: One-line Diagram Depicting the Distributed Energy Resource, Interconnection
Facilities, and Metering Equipment, and Upgrades .................................................................. 32
Attachment IV: Milestones ........................................................................................................ 33
Attachment V: Additional Operating and Maintenance Requirements for the Area EPS
...................................................................................................................... 35
Good Faith Estimates of Upgrade Costs .................................................................................... 36
Attachment VII: Assignment of Interconnection Agreement ................................................... 37
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i.Contact Information
Contact information for each Party is listed below along with the basic information describing
the Distributed Energy Resource (DER) system.
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
DER System Information
Application Number:
Type of DER System:
Capacity Rating of System (AC):
Limited Capacity Rating (AC):
Address of DER System:
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THIS AGREEMENT is made and entered into this _____day of______________ 20___ by and
municipal utility
existing u
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
1Scope and Limitations of Agreement
1.1.This Agreement is intended to provide for the Interconnection Customer to
interconnect at the Point of Common Coupling and operate a Distributed Energy
Resource with a Nameplate Rating of 10 Megawatts (MW) or less in parallel with the
Area EPS at the location identified above and in the Interconnection Application.
1.2.This Agreement shall be used for all Interconnection Applications submitted under
the Municipal Minnesota Distributed Energy Resources Interconnection Process (M-
MIP) except for those Interconnection Applications that qualify and choose for the
Uniform Contract to replace the need for this Agreement.
1.3.This Agreement governs the terms and conditions under which the Interconnection
stributed Energy Resource will interconnect with, and operate in
1.4.Capitalized terms used herein shall have the meanings specified in the Glossary of
Terms in Attachment 1, the M-MIP, or the body of this Agreement.
1.5.This Agreement does not constitute an agreement to purchase or deliver the
services that the Interconnection Customer may require will be covered under
separate agreements, if any. The Interconnection Customer will be responsible for
separately making all necessary arrangements (including scheduling) for delivery of
electricity with the applicable Area EPS Operator.
1.6.Nothing in this Agreement is intended to affect any other agreement between the
Area EPS Operator and the Interconnection Customer.
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2Responsibilities of the Parties
2.1.The Parties shall perform all obligations of this Agreement in accordance with the M-
MIP, Minnesota Technical Requirements, all Applicable Laws and Regulations,
Operating Requirements, and Good Utility Practice.
2.2.The Interconnection Customer shall construct, interconnect, operate and maintain
its Distributed Energy Resource and construct, operate, and maintain its
Interconnection F
recommended maintenance schedule and, in accordance with this Agreement, and
with Good Utility Practice.
2.3.The Area EPS Operator shall construct, operate, and maintain its Distribution System
and its Interconnection Facilities in accordance with this Agreement, and with Good
Utility Practice.
2.4.The Interconnection Customer agrees to construct its facilities or systems in
accordance with the Minnesota Technical Requirements and this Agreement;
including, applicable specifications that meet or exceed those provided by the
National Electrical Safety Code, the American National Standards Institute, Institute
of Electrical and Electronics Engineers (IEEE) (UL), and
Operating Requirements in effect at the time of construction and other applicable
national and state codes and standards. The Interconnection Customer agrees to
design, install, maintain, and operate its Distributed Energy Resource so as to
reasonably minimize the likelihood of a disturbance adversely affecting or impairing
the system or equipment of the Area EPS Operator and any Affected Systems.
2.5.Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible
for the facilities that it now owns or subsequently owns unless otherwise specified in
the Attachments to this Agreement. Each Party shall be responsible for the safe
installation, maintenance, repair and condition of their respective lines and
appurtenances on their respective sides of the point of common coupling. The Area
EPS Operator and the Interconnection Customer, as appropriate, shall provide
Distribution System, personnel, and other persons from damage and injury. The
allocation of responsibility for the design, installation, operation, maintenance and
ownership of Interconnection Facilities shall be delineated in the Attachments to
this Agreement.
2.6.The Area EPS Operator shall coordinate with all Affected Systems to support the
interconnection.
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3Parallel Operation Obligations
3.1.Once the Distributed Energy Resource has been authorized to commence parallel
operation, the Interconnection Customer shall abide by all rules and procedures
pertaining to the parallel operation of the Distributed Energy Resource in the
applicable control area, including, but not limited to; 1) the rules and procedures
concerning the operation of generation set forth by the applicable system
bution System provided or referenced
in an attachment to this Agreement and; 2) the Operating Requirements set forth in
Attachment 5 of this Agreement. The Minnesota Technical Requirements for
interconnection are covered in a separate document, a copy of which has been
made available to the Interconnection Customer and incorporated and made part of
this Agreement by this reference.
4Metering
4.1.As described in M-MIP Overview Process Section 9.1, the Interconnection Customer
shall be responsible for the Area EP
the purchase, installation, operation, maintenance, testing, repair, and replacement
of metering and data acquisition equipment specified in Attachments 2 and 3 of this
s metering (and data acquisition, as
required) equipment shall conform to applicable industry rules and Operating
Requirements.
5Distributed Energy Resource Capabilities and Grid Reliability
5.1.The Minnesota Technical Requirements outlines the Parties responsibilities
consistent with IEEE 1547 Standard for Interconnection and Interoperability of
Distributed Energy Resources with Associated Electric Power Systems Interfaces
which provides requirements relevant to the interconnection and interoperability
performance, operation and testing, and, to safety, maintenance and security
considerations.
5.2.The Area EPS Operator may offer the Interconnection Customer the option to utilize
required DER capabilities to mitigate Interconnection Customer costs related to
Upgrades or Interconnection Facilities to address anticipated system impacts from
the engineering review (i.e. Initial Review, Supplemental Review, or Study Process
described in the M-MIP.)
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6Equipment Testing and Inspection
6.1.As described in M-MIP Overview Process Section 9.3, the Interconnection Customer
shall test and inspect its Distributed Energy Resource and Interconnection Facilities
prior to interconnection pursuant to Minnesota Technical Requirements and this
Agreement.
7Authorization Required Prior to Parallel Operation
7.1.As described in M-MIP Overview Process Section 9.5, the Area EPS Operator shall
use Reasonable Efforts to list applicable parallel operation requirements by
attaching the Minnesota Technical Requirements and/or including them in
Attachment 5 to this Agreement. Additionally, the Area EPS Operator shall notify the
Interconnection Customer of any changes to these requirements as soon as they are
known. Pursuant to the M-MIP Overview Process Section 8.5, the Interconnection
Customer shall not operate its Distributed Energy Resource in parallel with the Area
EPS Operator.
8Right of Access
8.1.Upon reasonable notice, the Area EPS Operator may send a qualified person to the
premises of the Interconnection Customer at or immediately before the time the
Distributed Energy Resource first produces energy to inspect the interconnection,
and observe the commissioning of the Distributed Energy Resource (including any
required testing), startup, and operation for a period of up to three (3) Business
Days after initial start-up of the unit. In addition, the Interconnection Customer shall
notify the Area EPS Operator at least five (5) Business Days prior to conducting any
on-site verification testing of the Distributed Energy Resource.
8.2.Following the initial inspection process described above, at reasonable hours, and
upon reasonable notice, or at any time without notice in the event of an emergency
or hazardous condition, the Area EPS Operator shall have access to the
the performance of the obligations imposed on it by this Agreement or if necessary
to meet its legal obligation to provide service to its customers.
8.3.Each Party shall be responsible for its costs associated with the interconnection of
the DER system as outlined in M-MIP Overview Process Section 9.3 and the
Minnesota Technical Requirements.
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9Effective Date
9.1This Agreement shall become effective upon execution by the Parties.
10Term of Agreement
10.1.This Agreement shall become effective on the Effective Date and shall remain in
effect from the Effective Date unless terminated earlier in accordance with Section
11 of this Agreement.
11Termination
11.1.No termination shall become effective until the Parties have complied with all
Applicable Laws and Regulations applicable to such termination.
11.2.The Interconnection Customer may terminate this Agreement at any time by giving
the Area EPS Operator twenty (20) Business Days written notice.
11.3.The Area EPS Operator may terminate this Agreement if the listed electric
system within thirty-six (36) months of this Agreement signed by the Parties. The
Parties may choose to delay termination by mutual agreement.
11.4.Either Party may terminate this Agreement after Default pursuant to Section 3.
11.5.Upon termination of this Agreement, the Distributed Energy Resource will be
effectuate such disconnection shall be borne by the terminating Party, unless such
termination resulted from the non-Agreement or
such non-terminating Party otherwise is responsible for these costs under this
Agreement.
11.6.The termination of this Agreement shall not relieve either Party of its liabilities and
obligations, owed or continuing at the time of the termination.
11.7.The provisions of this article shall survive termination or expiration of this
Agreement.
12Temporary Disconnection
12.1.Temporary disconnection shall continue only for so long as reasonably necessary
under Good Utility Practice.
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12.2.Emergency Conditions. Under emergency conditions, the Area EPS Operator may
immediately suspend interconnection service and temporarily disconnect the
Distributed Energy Resource. The Area EPS Operator shall use Reasonable Efforts to
notify the Interconnection Customer promptly when it becomes aware of an
Emergency Condition that may reasonably be expected to affect the Interconnection
Customer shall use Reasonable Efforts to notify the Area EPS Operator promptly
when it becomes aware of an Emergency Condition that may reasonably be expected
extent information is known, the notification shall describe the Emergency Condition,
the extent of the damage or deficiency, the expected effect on the operation of both
corrective action.
12.3.Temporary Interruption. The Area EPS Operator may interrupt interconnection
service or curtail the output of the Distributed Energy Resource and temporarily
Distribution System when necessary for routine maintenance, construction, or repairs
Reasonable Efforts to provide the Interconnection Customer with three (3) Business
prior to such interruption. The Area EPS Operator shall use Reasonable
Efforts to coordinate such reduction or temporary disconnection with the
Interconnection Customer.
12.4.Forced Outage. During any forced outage, the Area EPS Operator may suspend
interconnection service to effect immediate repair
Distribution System. The Area EPS Operator shall use Reasonable Efforts to provide
the Interconnection Customer with prior notice. If prior notice is not given, the Area
EPS Operator shall, upon request, provide the Interconnection Customer written
documentation after the fact explaining the circumstances of the disconnection.
12.5.Adverse Operating Effects. The Area EPS Operator shall notify the Interconnection
Customer as soon as practicable if, based on Good Utility Practice, operation of the
Distributed Energy Resource may cause disruption or deterioration of service to other
customers served from the same electric system, or if operating the Distributed
ystem
or Affected Systems. Supporting documentation used to reach the decision to
disconnect shall be provided to the Interconnection Customer upon request. If, after
notice, the Interconnection Customer fails to remedy the adverse operating effect
within a reasonable time, the Area EPS Operator may disconnect the Distributed
Energy Resource. The Area EPS Operator shall provide the Interconnection Customer
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with five Business Day notice of such disconnection, unless the provisions of Section
12.2 apply.
12.6.Modification of the Distributed Energy Resource. The Interconnection Customer must
receive written authorization from the Area EPS Operator before making any change
to the Distributed Energy Resource that may have a material impact on the safety or
reliability of the Distribution System. Such authorization shall not be unreasonably
withheld if the modification is not a Material Modification. Material Modifications,
including an increase Nameplate Rating or capacity, may require the Interconnection
Customer to submit a new Interconnection Application as described in the M-MIP
Overview Process Section 7. If the Interconnection Customer makes such
modification without the Area EPS Operator
shall have the right to temporarily disconnect the Distributed Energy Resource.
12.7.Reconnection. The Parties shall cooperate with each other to restore the Distributed
Energy Resource, Interconnection Facilities,
System to their normal operating state as soon as reasonably practicable following a
temporary disconnection.
12.8.Treatment Similar to Other Retail Customers. If the Interconnection Customer
receives retail electrical service at the same site as the Distributed Energy Resource, it
may also be disconnected consistent with the rules and practices for disconnecting
other retail electrical customer.
12.9.Disconnection for Default. If the Interconnection Customer is in Default of this
Agreement, it may be disconnected after a sixty (60) day written notice is provided
and the Default is not cured during this sixty (60) day notice. This provision does not
apply to disconnection based on Sections 12.2, 12.3, 12.4 or 12.5 of this Agreement.
13Cost Responsibility for Interconnection Facilities and Distribution
Upgrades
13.1Interconnection Facilities. The Interconnection Customer shall pay for the cost of the
Interconnection Facilities itemized in Attachment 2 of this Agreement. The Area EPS
Operator shall provide a good faith estimate cost, including overheads, for the
purchase and construction of its Interconnection Facilities and provide a detailed
itemization of such costs. Costs associated with Interconnection Facilities may be
shared with other entities that may benefit from such facilities by agreement of the
Interconnection Customer, such other entities, and the Area EPS Operator.
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13.2The Interconnection Customer shall be responsible for its share of all reasonable
expenses, including overheads, associated with (1) owning, operating, maintaining,
repairing, and replacing its own Interconnection Facilities, and (2) operating,
Facilities.
13.3Distribution Upgrades. The Area EPS Operator shall design, procure, construct, install,
and own the Distribution Upgrades described in Attachment 6 of this Agreement. The
Area EPS Operator shall provide a good faith estimate cost, including overheads, for
the purchase and construction of the Distribution Upgrades and provide a detailed
itemization of such costs. If the Area EPS Operator and the Interconnection Customer
agree, the Interconnection Customer may construct Distribution Upgrades that are
located on land owned by the Interconnection Customer. The actual cost of the
Distribution Upgrades, including overheads, shall be directly assigned to the
Interconnection Customer.
14 Cost Responsibility for Network Upgrades
14.1.Applicability. No portion of Section 14 shall apply unless the interconnection of the
Distributed Energy Resource requires Network Upgrades.
14.2.Network Upgrades. The Area EPS Operator or the Transmission Owner shall design,
procure, construct, install, and own the Network Upgrades described in Attachment 6
of this Agreement. The Area EPS Operator shall provide a good faith estimate cost,
including overheads, for the purchase and construction of the Network Upgrades and
provide a detailed itemization of such costs. If the Area EPS Operator and the
Interconnection Customer agree, the Interconnection Customer may construct
Network Upgrades that are located on land owned by the Interconnection Customer.
Unless the Area EPS Operator elects to pay for Network Upgrades, the actual cost of
the Network Upgrades, including overheads, shall be borne initially by the
Interconnection Customer.
14.3.Repayment of Amounts Advanced for Network Upgrades. The Interconnection
Customer shall be entitled to a cash repayment, equal to the total amount paid to the
Area EPS Operator and Affected System operator, if any, for Network Upgrades,
including any tax gross-up or other tax-related payments associated with the
Network Upgrades, and not otherwise refunded to the Interconnection Customer, to
be paid to the Interconnection Customer on a dollar-for-dollar basis for the non-
usage sensitive portion of transmission charges, as payments are made under the
Area EPS Operato
respect to the Distributed Energy Resource. Any repayment shall include interest
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calculated in accordance with the methodology set forth in Federal Energy Regulatory
s) regulations at 18 C.F.R. § 35.19a(a)(2)(iii) from the date of any
payment for Network Upgrades through the date on which the Interconnection
Customer receives a repayment of such payment pursuant to this subparagraph. The
Interconnection Customer may assign such repayment rights to any person.
14.4.Notwithstanding the foregoing, the Interconnection Customer, the Area EPS
Operator, and any applicable Affected System operators may adopt any alternative
payment schedule that is mutually agreeable so long as the Area EPS Operator and
said Affected System operators take one of the following actions no later than five
years from the Commercial Operation Date: (1) return to the Interconnection
Customer any amounts advanced for Network Upgrades not previously repaid, or (2)
declare in writing that the Area EPS Operator or any applicable Affected System
operators will continue to provide payments to the Interconnection Customer on a
dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or
develop an alternative schedule that is mutually agreeable and provides for the
return of all amounts advanced for Network Upgrades not previously repaid;
however, full reimbursement shall not extend beyond 20 years from the commercial
operation date.
14.5.If the Distributed Energy Resource fails to achieve commercial operation, but it or
another Distributed Energy Resource is later constructed and requires use of the
Network Upgrades, the Area EPS Operator and Affected System operator shall at that
time reimburse the Interconnection Customer for the amounts advanced for the
Network Upgrades. Before any such reimbursement can occur, the Interconnection
Customer, or the entity that ultimately constructs the Distributed Energy Resource, if
different, is responsible for identifying the entity to which reimbursement must be
made.
14.6.Special Provisions for Affected Systems. Unless the Area EPS Operator provides,
under this Agreement, for the repayment of amounts advanced to any applicable
Affected System operators for Network Upgrades, the Interconnection Customer and
Affected System operator shall enter into an agreement that provides for such
repayment. The agreement shall specify the terms governing payments to be made
by the Interconnection Customer to Affected System operator as well as the
repayment by Affected System Operator.
14.7.Rights Under Other Agreements. Notwithstanding any other provision of this
Agreement, nothing herein shall be construed as relinquishing or foreclosing any
rights, including but not limited to firm transmission rights, capacity rights,
transmission congestion rights, or transmission credits, that the Interconnection
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Customer shall be entitled to, now or in the future, under any other agreement or
tariff as a result of, or otherwise associated with, the transmission capacity, if any,
created by the Network Upgrades, including the right to obtain cash reimbursements
or transmission credits for transmission service that is not associated with the
Distributed Energy Resource.
15Billing, Payment, Milestones, and Financial Security
15.1.Billing and Payment Procedures and Final Accounting. The Area EPS Operator shall bill
the Interconnection Customer for the design, engineering, construction, and
procurement costs of Interconnection Facilities and Upgrades contemplated by this
Agreement, and the Interconnection Customer shall pay each bill, pursuant to the M-
MIP Interconnection Process documents, or as otherwise agreed to by the Parties.
15.2.Within 80 Business Days (approximately 4 calendar months) of completing the
and/or Upgrades described in the Attachments to this Agreement, the Area EPS
Operator shall provide the Interconnection Customer with a final accounting report,
as described in the M-MIP Fast Track Process Section 9.4.3 and the Study Process
Section 11.4.3.
15.3.Milestones. Pursuant to the M-MIP Fast Track Process Section 9.1 and the Study
Process Section 11.1, the Parties shall agree on milestones for which each Party is
responsible and list them in Attachment 4 of this Agreement.
15.4.Financial Security Arrangements. Pursuant to the M-MIP Fast Track Process Section
9.5 and the Study Process Section 11.5, the Interconnection Customer shall provide
of credit or other form of security that is reasonably acceptable to the Area EPS
Operator and is consistent with the Minnesota Uniform Commercial Code. Such
security for payment shall be in an amount sufficient to cover the costs for
constructing, designing, procuring, and installing the applicable portion of the Area
ced on a
dollar-for-dollar basis for payments made to the Area EPS Operator under this
Agreement during its term. In addition:
15.4.1.The guarantee must be made by an entity that meets the creditworthiness
requirements of the Area EPS Operator, and contain terms and conditions
that guarantee payment of any amount that may be due from the
Interconnection Customer, up to an agreed-to maximum amount.
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15.4.2.The letter of credit must be issued by a financial institution or insurer
reasonably acceptable to the Area EPS Operator and must specify a
reasonable expiration not sooner than sixty (60) Business Days (three
calendar months) after the due date for the issuance of the final bill.
16Assignment, Force Majeure, Consequential Damages, and Default
16.1.This Agreement may be assigned by either Party upon 15 Business Days prior written
notice and opportunity to object by the other Party; provided that:
16.1.1.Either Party may assign this Agreement without the consent of the other
Party to any affiliate of the assigning Party with an equal or greater credit
rating and with the legal authority and operational ability to satisfy the
obligations of the assigning Party under this Agreement, provided that the
Interconnection Customer promptly notifies the Area EPS Operator of any
such assignment.
16.1.2.Interconnection Customer shall have the right to assign this Agreement,
without the consent of the Area EPS Operator, for collateral security
purposes to aid in providing financing for the Distributed Energy Resource,
provided that the Interconnection Customer will promptly notify the Area
EPS Operator of any such assignment.
16.1.3.Any attempted assignment that violates this article is void and ineffective.
obligations be enlarged, in whole or in part, by reason thereof. An assignee
is responsible for meeting the same financial, credit, and insurance
obligations as the Interconnection Customer. Where required, consent to
assignment will not be unreasonably withheld, conditioned or delayed.
17Limitations of Liability
17.1.
omission in its performance of this Agreement, shall be limited to the amount of
direct damage actually incurred. In no event shall either Party be liable to the other
Party for any indirect, special, consequential, or punitive damages, except as
authorized by this Agreement.
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18Non-Warranty
18.1.The Area EPS Operator does not give any warranty, expressed or implied, as to the
adequacy, safety, or other characteristics of any structures, equipment, wires,
appliances or devices owned, installed or maintained by the Interconnection
Customer, including without limitation the Distributed Energy Resource and any
structures, equipment, wires, appliances or devices not owned, operated or
maintained by the Area EPS Operator.
19Indemnity
19.1.This provision protects each Party from liability incurred to third parties as a result of
carrying out the provisions of this Agreement. Liability under this provision is exempt
from the general limitations on liability found in Section 17.
19.2.The Parties shall at all times indemnify, defend, and hold the other Party harmless
from, any and all damages, losses, 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
obligations under this Agreement on behalf of the indemnifying Party, except in cases
of gross negligence or intentional wrongdoing by the indemnified Party.
19.3.If an indemnified person is entitled to indemnification under this article as a result of
a claim by a third party, and the indemnifying Party fails, after notice and reasonable
opportunity to proceed under this article, to assume the defense of such claim, such
indemnified person may at the expense of the indemnifying Party contest, settle or
consent to the entry of any judgment with respect to, or pay in full, such claim.
19.4.If an indemnifying party is obligated to indemnify and hold any indemnified person
harmless under this article, the amount owing to the indemnified person shall be the
recovery.
19.5.Promptly after receipt by an indemnified person of any claim or notice of the
commencement of any action or administrative or legal proceeding or investigation
as to which the indemnity provided for in this article may apply, the indemnified
person shall notify the indemnifying party of such fact. Any failure of or delay in such
delay is materially prejudicial to the indemnifying party.
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19.6.This indemnification obligation shall apply notwithstanding any negligent or
intentional acts, errors or omissions of the Indemnified Party, but the Indemnifying
the percentage by which the Indemnif
or omissions caused damaged.
19.7.Neither Party shall be indemnified for its damages resulting from its sole negligence,
intentional acts or willful misconduct. These indemnity provisions shall not be
construed to relieve any insurer of its obligation to pay claims consistent with the
provisions of a valid insurance policy.
20Consequential Damages
20.1.Other than as expressly provided for in this Agreement, neither Party shall be liable
under any provision of this Agreement for any losses, damages, costs or expenses for
any special, indirect, incidental, consequential, or punitive damages, including but not
limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost
of temporary equipment or services, whether based in whole or in part in contract, in
tort, including negligence, strict liability, or any other theory of liability; provided,
however, that damages for which a Party may be liable to the other Party under
another agreement will not be considered to be special, indirect, incidental, or
consequential damages hereunder.
21Force Majeure
21.1.If a Force Majeure Event prevents a Party from fulfilling any obligations under this
Agreement, the Party affected by the Force Majeure Event (Affected Party) shall
promptly notify the other Party, either in writing or via the telephone, of the
existence of the Force Majeure Event. The notification must specify in reasonable
detail the circumstances of the Force Majeure Event, its expected duration, and the
steps that the Affected Party is taking to mitigate the effects of the event on its
performance. The Affected Party shall keep the other Party informed on a continuing
basis of developments relating to the Force Majeure Event until the event ends. The
Affected Party will be entitled to suspend or modify its performance of obligations
under this Agreement (other than the obligation to make payments) only to the
extent that the effect of the Force Majeure Event cannot be mitigated by the use of
Reasonable Efforts. The Affected Party will use Reasonable Efforts to resume its
performance as soon as possible.
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22Default
22.1.No Default shall exist where such failure to discharge an obligation (other than the
payment of money) is the result of a Force Majeure Event as defined in this
Agreement or the result of an act or omission of the other Party. Upon a Default, the
non-defaulting Party shall give written notice of such Default to the defaulting Party.
Except as provided in Section 21, the defaulting Party shall have sixty (60) calendar
days from receipt of the Default notice within which to cure such Default; provided
however, if such Default is not capable of cure within sixty (60) calendar days, the
defaulting Party shall commence such cure within twenty (20) calendar days after
notice and continuously and diligently complete such cure within six (6) months from
receipt of the Default notice; and, if cured within such time, the Default specified in
such notice shall cease to exist.
22.2.If a Default is not cured as provided in this article, or if a Default is not capable of
being cured within the period provided for herein, the non-defaulting Party shall have
the right to terminate this Agreement by written notice at any time until cure occurs,
and be relieved of any further obligation hereunder and, whether or not that Party
terminates this Agreement, to recover from the defaulting Party all amounts due
hereunder, plus all other damages and remedies to which it is entitled at law or in
equity. The provisions of this article will survive termination of this Agreement.
23Insurance
23.1.An Area EPS Operator may only require an Interconnection Customer to purchase
insurance covering damages pursuant to the applicable M-MIP process document in
which the distributed energy resource falls under.
23.2.The Area EPS Operator agrees to maintain general liability insurance or self-insurance
-
undertaken pursuant to this Agreement.
23.3.The Parties further agree to notify each other whenever an accident or incident
occurs resulting in any injuries or damages that are included within the scope of
coverage of such insurance, whether or not such coverage is sought.
23.4.Failure of the Interconnection Customer or Area EPS Operator to enforce the
minimum levels of insurance does not relieve the Interconnection Customer from
maintaining such levels of insurance or relieve the Interconnection Customer of any
liability.
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24 Confidentiality
24.1.Confidential Information shall mean any confidential and/or proprietary information
provided by one Party to the other Party that is clearly marked or otherwise
specifications, and metering data provided by the Interconnection Customer may be
deemed Confidential Information regardless of whether it is clearly marked or
otherwise designated as such. If requested by either Party, the other Party shall
provide in writing the basis for asserting that the information warrants confidential
treatment. Parties providing a Governmental Authority trade secret, privileged or
otherwise not public data under Minnesota Government Data Privacy Act, Minnesota
Statutes Chapter 13, must provide information consistent with th
September 1, 1999 Revised Procedures for Handling Trade Secret and Privileged Data.
24.2.Confidential Information does not include information previously in the public
domain with proper authorization, required to be publicly submitted or divulged by
Governmental Authorities (after notice to the other Party and after exhausting any
opportunity to oppose such publication or release), or necessary to be publicly
divulged in an action to enforce this Agreement. Each Party receiving Confidential
Information shall hold such information in confidence and shall not disclose it to any
third party nor to the public without the prior written authorization from the Party
providing that information, except to fulfill obligations under this Agreement, or to
fulfill legal or regulatory requirements that could not otherwise be fulfilled by not
making the information public.
24.3.Each Party shall hold in confidence and shall not disclose Confidential Information, to
any person (except employees, officers, representatives and agents, who agree to be
bound by this section). Confidential Information shall be clearly marked as such on
each page or otherwise affirmatively identified. If a court, government agency or
entity with the right, power, and authority to do so, requests or requires either Party,
by subpoena, oral disposition, interrogatories, requests for production of documents,
administrative order, or otherwise, to disclose Confidential Information, that Party
shall provide the other Party with prompt notice of such request(s) or
requirements(s) so that the other Party may seek an appropriate protective order or
waive compliance with the terms of this Agreement. In the absence of a protective
order or waiver the Party shall disclose such confidential information which, in the
opinion of its counsel, the party is legally compelled to disclose. Each Party will use
reasonable efforts to obtain reliable assurance that confidential treatment will be
accorded any confidential information so furnished.
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24.4.Critical infrastructure information or information that is deemed or otherwise
designated by a Party as Critical Energy/Electric Infrastructure Information (CEII)
pursuant to FERC regulation 18 C.F.R. §388.133, as may be amended from time to
time, may be subject to further protections for disclosure as required by FERC or
24.5.Each Party shall employ at least the same standard of care to protect Confidential
Information obtained from the other Party as it employs to protect its own
Confidential Information.
24.6.Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its
rights under this provision to prevent the release of Confidential Information without
bond or proof of damages, and may seek other remedies available at law or in equity
for breach of this provision.
25Disputes
The Parties agree in a good faith effort to attempt to resolve all disputes arising out of
the interconnection process and associated study and Interconnection Agreements.
The Parties agree to follow the established dispute resolution policy adopted by the
Area EPS Operator.
26Taxes
26.1.The Parties agree to follow all applicable tax laws and regulations, consistent with
Internal Revenue Service and any other relevant local, state and federal
requirements.
26.2. It is
incumbent on the Party seeking to maintain its tax status to provide formal written
notice to the other Party detailing what exact cooperation it is seeking from the other
Party well prior to any deadlines by which any such action would need to be taken.
Nothing in this Agreement is intended to adversely affect, if applicable, the Area EPS
tax-exempt status with respect to the issuance of bonds including, but not
limited to, local furnishing bonds.
27Miscellaneous
27.1.Governing Law, Regulatory Authority, and Rules. The validity, interpretation and
enforcement of this Agreement and each of its provisions shall be governed by the
and the laws of the state of Minnesota,
without regard to its conflicts of law principles. This Agreement is subject to all
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Applicable Laws and Regulations. Each Party expressly reserves the right to seek
changes in, appeal, or otherwise contest any laws, orders, or regulations of a
Governmental Authority.
27.2.Amendment. The Parties may amend this Agreement by a written instrument duly
executed by both Parties, or under Section 27.12 of this Agreement.
27.3.No Third-Party Beneficiaries. This Agreement is not intended to and does not create
rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties, and the obligations
herein assumed are solely for the use and benefit of the Parties, their successors in
interest and where permitted, their assigns.
27.4.Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement will not be considered a waiver of
any obligation, right, or duty of, or imposed upon, such Party. Any waiver at any time
by either Party of its rights with respect to this Agreement shall not be deemed a
continuing waiver or a waiver with respect to any other failure to comply with any
other obligation, right, duty of this Agreement. Termination or default of this
Agreement for any reason by Interconnection Customer shall not constitute a waiver
Area EPS Operator. Any waiver of this Agreement shall, if requested, be provided in
writing.
27.5.Entire Agreement. This Agreement, including all Attachments, constitutes the entire
agreement between the Parties with reference to the subject matter hereof, and
supersedes all prior and contemporaneous understandings or agreements, oral or
written, between the Parties with respect to the subject matter of this Agreement.
There are no other agreements, representations, warranties, or covenants which
compliance with its obligations under this Agreement. This Agreement can only be
amended or modified in writing signed by both Parties.
27.6.Multiple Counterparts. This Agreement may be executed in two or more
counterparts, each of which is deemed an original but all constitute one and the
same instrument. Electronic signatures are acceptable if the Area EPS Operator has
made such a determination pursuant to M-MIP Overview Process Section 4.1.
27.7.No Partnership. This Agreement shall not be interpreted or construed to create an
association, joint venture, agency relationship, or partnership between the Parties or
to impose any partnership obligation or partnership liability upon either Party.
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Neither Party shall have any right, power or authority to enter into any agreement or
undertaking for, or act on behalf of, or to act as or be an agent or representative of,
or to otherwise bind, the other Party.
27.8.Severability. If any provision or portion of this Agreement shall for any reason be held
or adjudged to be invalid or illegal or unenforceable by any court of competent
jurisdiction or other Governmental Authority, (1) such portion or provision shall be
deemed separate and independent, (2) the Parties shall negotiate in good faith to
restore insofar as practicable the benefits to each Party that were affected by such
ruling, and (3) the remainder of this Agreement shall remain in full force and effect.
27.9.Security Arrangements. Infrastructure security of electric system equipment and
operations and control hardware and software is essential to ensure day-to-day
reliability and operational security. All public utilities are expected to meet basic
standards for system infrastructure and operational security, including physical,
operational, and cyber-security practices.
27.10.Environmental Releases. Each Party shall notify the other Party, first orally and then
in writing, of the release of any hazardous substances, any asbestos or lead
abatement activities, or any type of remediation activities related to the Distributed
Energy Resource or the Interconnection Facilities, each of which may reasonably be
expected to affect the other Party. The notifying Party shall (1) provide the notice as
soon as practicable, provided such Party makes a good faith effort to provide the
notice no later than 24 hours after such Party becomes aware of the occurrence, and
(2) promptly furnish to the other Party copies of any publicly available reports filed
with any governmental authorities addressing such events.
27.11.Subcontractors. Nothing in this Agreement shall prevent a Party from utilizing the
services of any subcontractor as it deems appropriate to perform its obligations
under this Agreement. Each Party shall require its subcontractors to comply with all
applicable terms and conditions of this Agreement in providing such services and
each Party shall remain primarily liable to the other Party for the performance of
such subcontractor.
27.11.1.The creation of any subcontract relationship shall not relieve the hiring
Party of any of its obligations under this Agreement. The hiring Party shall
be fully responsible to the other Party for the acts or omissions of any
subcontractor the hiring Party hires as if no subcontract had been made.
In no event shall the Area EPS Operator be liable for the actions or
inactions of the Interconnection Customer or its subcontractors with
respect to obligations of the Interconnection Customer under this
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Agreement. Any applicable obligation imposed by this Agreement upon
the hiring Party shall be equally binding upon, and shall be construed as
having application to, any subcontractor of such Party.
27.11.2.The obligations under this article will not be limited in any way by any
limitation of .
27.12.Inclusion of Area EPS Operator Tariff and Rules. The interconnection services
provided under this Agreement shall at all times be subject to the terms and
conditions set forth in the rate schedules and rules applicable to the electric service
provided by the Area EPS Operator, which rate schedules and rules are hereby
incorporated into this Agreement by this reference.
28Notices
28.1.General. Unless otherwise provided in this Agreement, any written notice, demand,
be deemed properly given if delivered in person, delivered by recognized national
currier service, or sent by first class mail, postage prepaid, to the person specified as
follows:
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Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.2.Billing and Payment. Billing and payments shall be sent to the addresses set out
below:
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
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Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.3.Alternative Forms of Notice. Any notice or request required or permitted to be given
by either Party to the other and not required by this Agreement to be given in writing
may be so given by telephone or e mail to the telephone numbers and e-mail
addresses set out below:
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
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28.4.Designated Operating Representative. The Parties may also designate operating
representatives to conduct the communications which may be necessary or
convenient for the administration of this Agreement. This person will also serve as
facilities.
Area EPS Operator Information
Area EPS Operator:
Attention:
Address:
Phone:
Email:
Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.5.Changes to Notification. Either Party may change this information by giving five
Business Days written notice to the other Party prior to the effective date of the
change.
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29 Signatures
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
\[Insert name of Area EPS Operator\] \[Insert name of Interconnection Customer\]
___________________________________ _________________________________
Signed: ____________________________ Signed: __________________________
Name (Printed): Name (Printed):
___________________________________ ________________________________
Title: ______________________________ Title: __________________________
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Attachment I: Glossary of Terms
Affected System
System, or Transmission System connected generation which may be affected by the proposed
interconnection.
Applicant Agent A person designated in writing by the Interconnection Customer to represent
the interconnection process.
Area EPS The electric power distribution system connected at the Point of Common Coupling.
Area EPS Operator An entity that owns, controls, or operates the electric power distribution
systems that are used for the provision of electric service in Minnesota. For this Interconnection
Process the Area EPS Operator is Elk River Municipal Utilities.
Business Day Monday through Friday, excluding Holidays as defined by Minn. Stat. §645.44,
Subdivision 5. Any communication to have been sent or received after 4:30 p.m. Central
Prevailing Time or on a Saturday, Sunday or holiday shall be considered to have been sent on
the next Business Day.
Certified Equipment Certified equipment is equipment that has been tested by a national
recognized lab meeting a specific standard. For DER systems, UL 1741 listing is a common form
of DER inverter certification. Additional information is seen in the Certification Codes and
Standards document.
Confidential Information Any confidential and/or proprietary information provided by one
Party to the other Party and is clearly marked
procedures, design, operating specifications, and metering data provided by the
Interconnection Customer may be deemed Confidential Information. See Overview Process
Section 12.1 for further information.
Distributed Energy Resource (DER) A source of electric power that is not directly connected
to a bulk power system or central station service. DER includes both generators and energy
storage technologies capable of exporting active power to an EPS. An interconnection system or
a supplemental DER device that is necessary for compliance with this standard is part of a DER.
For the purpose of the Interconnection Process and interconnection agreements, the DER
Interconnection Facilities.
Distribution System The Area EPS facilities which are not part of the Local EPS, Transmission
System or any generation system.
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Distribution Upgrades The additions, modifications, and upgrades to the Distribution System
at or beyond the Point of Common Coupling to facilitate interconnection of the DER and render
the distribution service necessary to affect
Distribution System. Distribution Upgrades do not include Interconnection Facilities.
Electric Power System (EPS) The facilities that deliver electric power to a load.
Fast Track Process The procedure as described in the Interconnection Process - Fast Track
Process for evaluating an Interconnection Application for a DER that meets the eligibility
requirements in the Overview Process Section 2.3.
Force Majeure Event An act of God, labor disturbance, act of the public enemy, war,
insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
equipment, an order, regulation or restriction imposed by governmental, military or lawfully
Event does not include an act of negligence or intentional wrongdoing.
Good Utility Practice Any of the practices, methods and acts engaged in or approved by a
significant portion of the electric industry during the relevant time period, or any of the
practices, methods and act which, in the exercise of reasonable judgment in light of the facts
known at the time the decision was made, could have been expected to accomplish the desired
result at a reasonable cost consistent with good business practices, reliability, safety and
expedition. Good Utility Practice is not intended to be limited to the optimum practice, method,
or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts
generally accepted in the region.
Governmental Authority Any federal, state, local or other governmental regulatory or
administrative agency, court, commission, department, board, or other governmental
subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
jurisdiction over the Parties, their respective facilities, or the respective services they provide,
and exercising or entitled to exercise any administrative, executive, police, or taxing authority
or power; provided, however, that such term does not include the Interconnection Customer,
the Area EPS Operator, or any Affiliate thereof. The is the
authority governing interconnection requirements unless otherwise provided for in the
Minnesota Technical Requirements.
Interconnection Agreement The terms and conditions between the Area EPS Operator and
Interconnection Customer (Parties). See Section 8 in the Overview Process Error! Reference
source not found. for when the Uniform Contract or Interconnection Agreement applies.
Interconnection Application
or modified, as described in Section 4 of the Overview Process, DER. See Simplified Application
Form and Interconnection Application Form.
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Interconnection Customer The person or entity, including the Area EPS Operator, whom will
Distribution System. The Interconnection Customer is responsible for ensuring the DER(s) is
designed, operated and maintained in compliance with the Minnesota Technical Requirements.
Interconnection Facilities
Interconnection Facilities. Collectively, Interconnection Facilities
include all facilities and equipment between the DER and the Point of Common Coupling,
including any modification, additions or upgrades that are necessary to physically and
electrically
Customer Interconnection Facilities include: supplemental DER devices, inverters, and
associated wiring and cables up to the Point of DER Connection. Some examples of Area EPS
Operator Interconnection Facilities include sole use facilities; such as, line extensions, controls,
relays, switches, breakers, transformers and shall not include Distribution Upgrades or Network
Upgrades.
Interconnection Process onnection standards in this
document.
Material Modification A modification to machine data, equipment configuration or to the
interconnection site of the DER at any time after receiving notification by the Area EPS
Operator of a complete Interconnection Application that has a material impact on the cost,
timing, or design of any Interconnection Facilities or Upgrades, or a material impact on the cost,
timing or design of any Interconnection Application with a later Queue Position or the safety or
1
reliability of the Area EPS.
MN Technical Requirements The term including all of the DER technical interconnection
requirement documents for the state of Minnesota; including Attachment 2 Distributed
Generation Interconnection Requirements established in the
Order in E-999/CI-01-1023) until superseded and upon Commission approval of updated
1
A Material Modification shall include, but may not be limited to, a modification from the approved
Interconnection Application that: (1) changes the physical location of the point of common coupling; such that it is
likely to have an impact on technical review; (2) increases the nameplate rating or output characteristics of the
Distributed Energy Resource; (3) changes or replaces generating equipment, such as generator(s), inverter(s),
transformers, relaying, controls, etc., and substitutes equipment that is not like-kind substitution in certification, size,
ratings, impedances, efficiencies or capabilities of the equipment; (4) changes transformer connection(s) or
grounding; and/or (5) changes to a certified inverter with different specifications or different inverter control settings
or configuration. A Material Modification shall not include a modification from the approved Interconnection
Application that: (1) changes the ownership of a Distributed Energy Resource; (2) changes the address of the
Distributed Energy Resource, so long as the physical point of common coupling remains the same; (3) changes or
replaces generating equipment such as generator(s), inverter(s), solar panel(s), transformers, relaying, controls, etc.
and substitutes equipment that is a like-kind substitution in certification, size, ratings, impedances, efficiencies or
capabilities of the equipment; and/or (4) increases the DC/AC ratio but does not increase the maximum AC output
capability of the Distributed Energy Resource in a way that is likely to have an impact on technical review.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Minnesota DER Technical Interconnection and Interoperability Requirements in E-999/CI-16-
521 (anticipated July 2019.)
Nameplate Rating - nominal voltage (V), current (A), maximum active power (kWac), apparent
power (kVA), and reactive power (kVar) at which a DER is capable of sustained operation. For a
Local EPS with multiple DER units, the aggregate nameplate rating is equal to the sum of all
DERs nameplate rating in the Local EPS. For purposes of the Attachment V in the
limited thought use of control systems, power relays or similar device settings or adjustments
as identified in IEEE 1547. The nameplate ratings referenced in the Interconnection Process are
alternating current nameplate DER ratings at the Point of DER Coupling.
Network Upgrades Additions, modifications, and upgrades to the Transmission System
Network Upgrades do not include Distribution Upgrades.
Operating Requirements Any operating and technical requirements that may be applicable
Requirements, including those set forth in the Interconnection Agreement.
Party or Parties The Area EPS Operator and the Interconnection Customer.
Point of Common Coupling (PCC) The point where the Interconnection Facilities connect with
poi
the National Electrical Safety Code.
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Figure 1: Point of Common Coupling and Point of DER Connection
(Source: IEEE 1547)
Point of DER Connection (PoC) When identified as the Reference Point of Applicability, the
point where an individual DER is electrically connected in a Local EPS and meets the
requirements of this standard exclusive of any load present in the respective part of the Local
EPS (e.g. terminals of the inverter when no supplemental DER device is required.) For DER
unit(s) that are not self-sufficient to meet the requirements without a supplemental DER
device(s), the Point of DER Connection is the point where the requirements of this standard are
met by DER in conjunction with a supplemental DER device(s) exclusive of any load present in
the respective part of the Local EPS.
Queue Position The order of a valid Interconnection Application, relative to all other pending
valid Interconnection Applications, that is established based upon the date- and time- of receipt
of the complete Interconnection Application as described in Section 4.7 of the Overview
Process Error! Reference source not found..
Reasonable Efforts With respect to an action required to be attempted or taken by a Party
under these procedures, efforts that are timely and consistent with Good Utility Practice and
are otherwise substantially equivalent to those a Party would use to protect its own interests.
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Reference Point of Applicability The location, either the Point of Common Coupling or the
Point of DER Connection, where the interconnection and interoperability performance
requirements specified in IEEE 1547 apply. With mutual agreement, the Area EPS Operator and
Customer may determine a point between the Point of Common Coupling and Point of DER
Connection. See Minnesota Technical Requirements for more information.
Simplified Process The procedure for evaluating an Interconnection Application for a certified
inverter-based DER no larger than 20 kW that uses the screens described in the Interconnection
Process Simplified Process document. The Simplified Process includes simplified procedures.
Study Process The procedure for evaluating an Interconnection Application that includes the
scoping meeting, system impact study, and facilities study.
Transmission Owner The entity that owns, leases or otherwise possesses an interest in the
portion of the Transmission System relevant to the Interconnection.
Transmission Provider The entity (or its designated agent) that owns, leases, controls, or
operates transmission facilities used for the transmission of electricity. The term Transmission
Provider includes the Transmission Owner when the Transmission Owner is separate from the
Transmission Provider. The Transmission Provider may include the Independent System
Operator or Regional Transmission Operator.
Transmission System The facilities owned, leased, controlled or operated by the Transmission
Provider or the Transmission Owner that are used to provide transmission service. See the
Transmission from Generation and Distribution Assets in Docket No. E-999/CI-99-1261.
Uniform Contract
Production Facilities (Uniform Contract) that may be applied to all qualifying new and existing
interconnections between the Area EPS Operator and an DER system having capacity less than
40 kilowatts.
Upgrades
or Distribution System at or beyond the Point of Interconnection. Upgrades may be Network
Upgrades or Distribution Upgrades. Upgrades do not include Interconnection Facilities.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment II: Description and Costs of the Distributed Energy
Resource, Interconnection Facilities, and Metering Equipment
Equipment, including the Distribution Energy Resource, Interconnection Facilities, and metering
equipment shall be itemized and identified as being owned by the Interconnection Customer or
the Area EPS Operator. The Area EPS Operator will provide a good faith estimate itemized cost,
including administrative overheads, of its Interconnection Facilities and metering equipment,
and a good faith estimate itemized cost of the annual operation and maintenance expenses
associated with the Interconnection Facilities and metering equipment.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment III: One-line Diagram Depicting the Distributed Energy
Resource, Interconnection Facilities, and Metering Equipment, and
Upgrades
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment IV: Milestones
The Milestones in line (1) below may be a calendar date. All other dates in this Attachment IV
may be the number of Business Days from the calendar date in line (1) or from the completion
of a different Milestone described in a specific number line. Similarly, the anticipated In-Service
Date may be based on the number of Business Days from the completion of a specified line
number.
In-Service Date: __________________________________
Critical milestones and responsibilities as agreed to by the Parties:
Milestone/Anticipated Date Responsible Party
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Agreed to by:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Area EPS Operator Date
Transmission Owner
(If Applicable) Date
Interconnection
Customer Date
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Attachment V: Additional Operating and Maintenance Requirements
Affected Systems
The Area EPS Operator shall also provide requirements that must be met by the
Interconnection
Distribution System. Additional operating and maintenance requirements for an Affected
System need
separate agreement described in Section 14.6.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Attachment VI
Network Upgrades and Good Faith Estimates of Upgrade Costs
The Area EPS Operator shall describe Distribution and Network Upgrades and provide an
itemized good faith estimate of the costs, including administrative overheads, of the Upgrade
and annual operations and maintenance expenses associated with such Upgrades. The Area EPS
Operator shall functionalize Upgrade costs and annual expenses as either transmission or
distribution related. Additional Distribution or Network Upgrades required for an Affected
System may be addressed in a separate agreement as described in Section 14.6.
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Attachment VII: Assignment of Interconnection Agreement
There is an Interconnection Agreement, including any and all Attachments thereto including
______________________________
________________________, a municipal utility existing under the laws of the State of
Minnesota, Area EPS Operator
Distributed Energy Resource (DER) described as follows:
DER System Information
Type of DER System:
Capacity Rating of System (AC):
Limited Capacity Rating (AC):
Address of DER System:
The Assignor intends to convey its interest in the above-referenced DER to _________________
__________________________
to the Assignee.
Upon the execution of this Assignment by the Assignor, Assignee and the Area EPS Operator,
agree as follows:
1.Capitalized Terms. Capitalized terms used but not defined herein shall have the
meanings set forth in the Agreement.
2.Consent to Assignment. The Assignor hereby irrevocably assigns the Agreement in all
respects to the Assignee and the Assignee accepts the assignment thereof in all
respects.
3.Amendment to Agreement. The Area EPS Operator consents to this assignment and, as
assigned, the Agreement is hereby amended so that wherever the name of the Assignor
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
is used therein it shall mean the Assignee. It is further agreed that all terms and
conditions of the Agreement, as amended by this Assignment, shall remain in full force
and effect.
4.Payments by Area EPS Operator. Any and all payments made by Area EPS Operator
under the Agreement to either the Assignor or the Assignee shall be deemed to have
been made to both and shall discharge the Area EPS Operator from any further liability
with regard to said payment.
5.Financial Obligations of Assignor and Assignee. Any and all financial liability, including
but not limited to amounts due, from the Interconnection Customer to the Area EPS
Operator, occurring or accruing under the Agreement on or before the date of the
signature of the Area EPS Operator to this Assignment shall be deemed to be the
obligation of both the Assignor and Assignee, and the Area EPS Operator may recover
any such amounts jointly and severally from the Assignor and Assignee.
6.Contact information. The following information updates and replaces the designated
information as set forth on page 1 of the Agreement, and in Section 28.1, 28.2, 28.3 and
28.4 of the Agreement.
Page 1 Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.1 General Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
28.2 Billing and Payment Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.3 Alternative Forms of Notices. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
28.4 Designated Operating Representative. Interconnection Customer Information
Interconnection Customer:
Attention:
Address:
Phone:
Email:
7.Signatures. Facsimile or electronic signatures, or signatures to this Assignment sent
electronically, shall have the same effect as original signatures. Photocopies, or
electronically stored versions of this Assignment, shall have the same validity as the
original.
Municipal Minnesota Interconnection Agreement _ January 2019 39
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
The Area EPS Operator, Assignor, and Assignee have executed this Assignment as of the
dates as set forth below.
Assignor
\[Insert legal name of Assignor\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Assignee
\[Insert legal name of Assignee\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Area EPS Operator
\[Insert legal name of Area EPS Operator\]
___________________________________________________________________
Signed: _____________________________________________________________
Name (Printed): ______________________________________________________
Title: _______________________________________________________________
Date: ______________________________
Municipal Minnesota Interconnection Agreement _ January 2019 40
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Certification of Completion
The Interconnection Customer should complete the Distributed Energy Resource Certification of
Completion for a proposed DER interconnection in the Simplified Process Track. As a condition of
interconnection, a completed copy of this form must be returned to the Utility.
Distributed Energy Resource Information
Interconnection Customer:
DER Project Address:
City: State: Zip Code:
Application ID: Meter Number:
Yes No (If no please completed
Is the DER system owner-installed?
Installer Information)
Installer Information
Contact Name:
Name of Business:
Email: Phone:
Electrician Name License #
Electrical Permitting Authority
ŷĻ 59w ŷğƭ ĬĻĻƓ źƓƭƷğƌƌĻķ ğƓķ źƓƭƦĻĭƷĻķ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ƌƚĭğƌ ĻƌĻĭƷƩźĭğƌ ƦĻƩƒźƷƷźƓŭ ğǒƷŷƚƩźƷǤ ğƭ ǝĻƩźŅźĻķ
ĬǤ ƷŷĻ ƭźŭƓğƷǒƩĻ ĬĻƌƚǞ ƚƩ ƷŷĻ ğķķźƷźƚƓğƌƌǤ ğƷƷğĭŷĻķ ķƚĭǒƒĻƓƷ͵
Inspector Signature: Date:
Inspector Name: Authority Having Jurisdiction (city/county)ʹ
***Please print clearly or type and return completed along with any additional documentation***
For Office Use Only
Date Received:
ELK RIVER MUNICIPAL UTILITIES 1
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
STATE OFMINNESOTA
DISTRIBUTED GENERATION INTERCONNECTION
REQUIREMENTS
TABLE OF CONTENTS
Foreword 2
1.Introduction 3
2.References 6
3.Types of Interconnections 7
4.Interconnection Issues and Technical Requirements 10
5.Generation Metering, Monitoring and Control 13
Table 5A Metering, Monitoring and Control Requirements 14
6.Protective Devices and Systems 17
Table 6A Relay Requirements 19
7.Agreements 20
8.Testing Requirements 21
Attachments: System Diagrams
Figure 1 Open Transition 25
Figure 2 Closed Transition 26
Figure 3 Soft Loading Transfer
With Limited Parallel Operation 27
Figure 4 Soft Loading Transfer
With Limited Parallel Operation 28
Figure 5 Extended Parallel
With Transfer-Trip 29
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
Foreword
Electric distribution system connected generation units span a wide range of sizes and electrical
characteristics. Electrical distribution system design varies widely from that required to serve the
rural customer to that needed to serve the large commercial customer. With so many variations
possible, it becomes complex and difficult to create one interconnection standard that fits all
generation interconnection situations.
In establishing a generation interconnection standard there are three main issues that must be
addressed; Safety, Economics and Reliability.
The first and most important issue is safety; the safety of the general public and of the employees
working on the electrical systems. This standard establishes the technical requirements that
must be met to ensure the safety of the general public and of the employees working with the
Area EPS. Typically designing the interconnection system for the safety of the general public will
also provide protection for the interconnected equipment.
The second issue is economics; the interconnection design must be affordable to build. The
interconnection standard must be developed so that only those items, that are necessary to meet
safety and reliability, are included in the requirements. This standard sets the benchmark for the
minimum required equipment. If it is not needed, it will not be required.
The third issue is reliability; the generation system must be designed and interconnected such
that the reliability and the service quality for all customers of the electrical power systems are not
compromised. This applies to all electrical systems not just the Area EPS.
Many generation interconnection standards exist or are in draft form. The IEEE, FERC and many
states have been working on generation interconnection standards. There are other standards
such as the National Electrical Code (NEC) that, establish requirements for electrical installations.
The NEC requirements are in addition to this standard. This standard is designed to document
the requirements where t
standards.
requirements in this document do not apply to small, 40kW or less generation installations. As an
aid to the small, distributed generation customer, these small unit interconnection requirements
have been extracted from this full standard and are available as a separate, simplified document
titled:
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1.Introduction
This standard has been developed to document the technical requirements for the interconnection
standard covers 3 phase Generation Systems with an aggregate
single phase Generation Systems with an aggregate capacity of 40kW or less at the Point of
Common Coupling. This standard covers Generation Systems that are interconnected with the Area
andard does not cover Generation Systems that are directly
Transmission System interconnection standards.
While, this standard provides the technical requirements for interconnecting a Generation System
with a typical radial distribution system, it is important to note that there are some unique Area EPS,
which have special interconnection needs. One example of a unique Area EPS would be one
tem. This standard does not cover the additional special requirements
of those systems. The Interconnection Customer must contact the Owner/operator of the Area EPS
with which the interconnection is intended, to make sure that the Generation System is not proposed
to be interconnected with a unique Area EPS. If the planned interconnection is with a unique Area
EPS, the Interconnection Customer must obtain the additional requirements for interconnecting with
the Area EPS.
The Area EPS operator has the right to limit the maximum size of any Generation System or number
of Generation Systems that, may want to interconnect, if the Generation System would reduce the
reliability to the other customers connected to the Area EPS.
This standard only covers the technical requirements and does not cover the interconnection process
from the planning of a project through approval and construction. Please read the companion
document for the
description of the procedure to follow and a generic version of the forms to submit. It is important to
rates, costs and standard interconnection agreements. The earlier the Interconnection Customer gets
the Area EPS operator involved in the planning and design of the Generation System interconnection
the smoother the process will go.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
A)Definitions
The definitions defined in the for Interconnecting Distributed Resources with
(1547 Draft Ver. 11) apply to this document as well. The following
definitions are in addition to the ones defined in IEEE 1547, or are repeated from the IEEE 1547
standard.
i) has
primary access to public rights-of-way, priority crossing of property boundaries, etc.
ii) any device producing electrical energy, i.e., rotating generators driven by wind, steam
turbines, internal combustion engines, hydraulic turbines, solar, fuel cells, etc.; or any other electric
producing device, including energy storage technologies.
iii) the interconnected Distributed Generation(s), controls, relays, switches, breakers,
transformers, inverters and associated wiring and cables, up to the Point of Common Coupling.
iv) the party or parties who are responsible for meeting the requirements of
this standard. This could be the Generation System applicant, installer, designer, owner or operator.
v) an electric power system (EPS) contained entirely within a single premises or group of
premises.
vi) the point where the Local EPS is connected to an Area EPS.
vii) are those facilities as defined by using the guidelines established by the
Minnesota State Public Utilities Commission; Developing Statewide Jurisdictional
Boundary Guidelines for Functionally Separating Interstate Transmission from Generation and Local
Distribution Functions E-015/M-99-1002.
viii)- Generation paralleling equipment that is listed by an OSHA listed national testing
laboratory as having met the applicable type testing requirement of UL 1741. At the time is document
was prepared this was the only national standard available for certification of generation transfer
switch equipment. This definition does not preclude other forms of type- certification if agreeable to
the Area EPS operator.
B)Interconnection Requirements Goals
This standard defines the minimum technical requirements for the implementation of the electrical
interconnection between the Generation System and the Area EPS. It does not define the overall
requirements for the Generation System. The requirements in this standard are intended to achieve
the following:
i)Ensure the safety of utility personnel and contractors working on the electrical power system.
ii)Ensure the safety of utility customers and the general public.
iii)
property.
iv)Ensure proper operation to minimize adverse operating conditions on the electrical power
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
system.
C)Protection
The Generation System and Point of Common Coupling shall be designed with proper protective
devices to promptly and automatically disconnect the Generation from the Area EPS in the event of
a fault or other system abnormality. The type of protection required will be determined by:
i)Size and type of the generating equipment.
ii)The method of connecting and disconnecting the Generation System from the electrical power system.
iii)The location of generating equipment on the Area EPS.
D)Area EPS Modifications
Depending upon the match between the Generation System, the Area EPS and how the
Generation System is operated, certain modifications and/or additions may be required to the
existing Area EPS with the addition of the Generation System. To the extent possible, this standard
describes the modifications which could be necessary to the Area EPS for different types of
Generation Systems. For some unique interconnections, additional and/or different protective
devices, system modifications and/or additions will be required by the Area EPS operator; in these
cases the Area EPS operator will provide the final determination of the required modifications
and/or additions. If any special requirements are necessary they will be identified by the Area EPS
operator during the application review process.
E)Generation System Protection
The Interconnection Customer is solely responsible for providing protection for the Generation
System. Protection syste
electrical power system and the public. The Generation System Protection is not provided for in this
standard. Additional protection equipment may be required to ensure proper operation for the
Generation System. This is especially true while operating disconnected, from the Area EPS. The
Area EPS does not assume responsibility for protection of the Generation System equipment or of
any portion Local EPS.
F)Electrical Code Compliance
Interconnection Customer shall be responsible for complying with all applicable local, independent,
state and federal codes such as building codes, National Electric Code (NEC), National Electrical
Safety Code (NESC) and noise and emissions standards. As required by Minnesota State law, the
Area EPS will require proof of complying with the National Electrical Code before the
interconnection is made, through installation approval by an electrical inspector recognized by the
Minnesota State Board of Electricity.
revisions of the ANSI/IEEE standards applicable to the installation, especially IEEE 1547;
reference section in this document for a partial list of the standards which apply to the generation
installations covered by this standard.
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2.References
The following standards shall be used in conjunction with this standard. When the stated version of
the following standards is superseded by an approved revision then that revision shall apply.
IEEE Std 100-
IEEE Std 519-IEEE Recommended Practices and Requirements for Harmonic Control in
Electric Power Systems
IEEE Std 929-.
IEEE Standard for Interconnecting Distributed Resources with Electric Power
IEEE Std C37.90.1-IEEE Standard Surge Withstand Capability (SEC) Tests for
.
IEEE Standard Withstand Capability of Relay Systems to Radiated
Electromagnetic .
IEEE Std C62.41.2-IEEE Recommended Practice on Characterization of Surges in Low
IEEE Std C62.42-IEEE Recommended Practice on Surge Testing for Equipment
Co
ANSI C84.1-Electric Power Systems and Equipment Voltage Ratings (60 Hertz
ANSI/IEEE 446-Recommended Practice for Emergency and Standby Power Systems for
Industrial and Commercial .
ANSI/IEEE Standard 142-IEEE Recommended Practice for Grounding of Industrial
and Commercial Power Systems ,
NEC National Electrical Code-70-2002.
NESC National Electrical Safety Code-2000, Published by the Institute of Electrical and
Electronics Engineers, Inc.
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3.Types of Interconnections
A)The manner in which the Generation System is connected to and disconnected from the Area EPS can vary.
Most transfer systems normally operate using one of the following five methods of transferring the load
from the Area EPS to the Generation System.
B)If a transfer system is installed which has a user accessible selection of several transfer modes, the transfer
mode that has the greatest protection requirements will establish the protection requirements for that
transfer system.
i)Open Transition (Break-Before-Make) Transfer Switch With this transfer switch, the load to be
supplied from the Distributed Generation is first disconnected from the Area EPS and then connected
to the Generation. This transfer can be relatively quick, but voltage and frequency excursions are to be
expected during transfer. Computer equipment and other sensitive equipment will shut down and
reset. The transfer switch typically consists of a standard UL approved transfer switch with mechanical
interlocks between the two source contactors that drop the Area EPS source before the Distributed
Generation is connected to supply the load.
(1) To qualify as an Open Transition switch and the limited protective requirements, mechanical
interlocks are required between the two source contacts. This is required to ensure that one of
the contacts is always open and the Generation System is never operated in parallel with the Area
EPS. If the mechanical interlock is not present, the protection requirements are as if the switch is
a closed transition switch.
(2) As a practical point of application, this type of transfer switch is typically used for loads less than
500kW. This is due to possible voltage flicker problems created on the Area EPS, when the load is
removed from or returned to the Area EPS source. Depending up the Area stiffness this level
may be larger or smaller than the 500kW level.
(3) Figure 1 at the end of this document provides a typical one-line of this type of installation.
ii)Quick Open Transition (Break-Before-Make) Transfer Switch The load to be supplied from the
Distributed Generation is first disconnected from the Area EPS and then connected to the Distributed
Generation, similar to the open transition. However, this transition is typically much faster (under 500
ms) than the conventional open transition transfer operation. Voltage and frequency excursions will
still occur, but some computer equipment and other sensitive equipment will typically not be affected
with a properly designed system. The transfer switch consists of a standard UL approved transfer
switch, with mechanical interlocks between the two source contacts that drop the Area EPS source
before the Distributed Generation is connected to supply the load.
(1) Mechanical interlocks are required between the two source contacts to ensure that one of the
contacts is always open. If the mechanical interlock is not present, the protection requirements
are as if the switch is a closed transition switch
(2) As a practical point of application this type of transfer switch is typically used for loads less than
500kW. This is due to possible voltage flicker problems created on the Area EPS, when the load is
removed from or returned to the Area EPS source. Depending up the Area stiffness this level
may be larger or smaller than the 500kW level.
(3) Figure 2 at the end of this document provides a typical one-line of this type of installation and
shows the required protective elements.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
iii) Closed Transition (Make-Before-Break) Transfer Switch The Distributed Generation is synchronized
with the Area EPS prior to the transfer occurring. The transfer switch then parallels with the Area EPS
for a short time (100 msec. or less) and then the Generation System and load is disconnected from the
Area EPS. This transfer is less disruptive than the Quick Open Transition because it allows the
Distributed Generation a brief time to pick up the load before the support of the Area EPS is lost. With
this type of transfer, the load is always being supplied by the Area EPS or the Distributed Generation.
(1) As a practical point of application this type of transfer switch is typically used for loads less than
500kW. This is due to possible voltage flicker problems created on the Area EPS, when the load is
removed from or returned to the Area EPS source. Depending up the Area stiffness this level
may be larger or smaller than the 500kW level.
(2) Figure 2 at the end of this document provides a typical one-line of this type of installation and
shows the required protective elements. The closed transition switch must include a separate
parallel time limit relay, which is not part of the generation control PLC and trips the generation
from the system for a failure of the transfer switch and/or the transfer switch controls.
iv)Soft Loading Transfer Switch
(1) With Limited Parallel Operation The Distributed Generation is paralleled with the Area EPS for a
limited amount of time (generally less than 1-2 minutes) to gradually transfer the load from the
Area EPS to the Generation System. This minimizes the voltage and frequency problems, by softly
loading and unloading the Generation System.
(a) The maximum parallel operation shall be controlled, via a parallel timing limit relay (62PL).
This parallel time limit relay shall be a separate relay and not part of the generation control
PLC.
(b) Protective Relaying is required as described in section 6.
(c) Figure 3 at the end of this document provide typical one-line diagrams of this type of
installation and show the required protective elements.
(2) With Extended Parallel Operation The Generation System is paralleled with the Area EPS in
continuous operation. Special design, coordination and agreements are required before any
extended parallel operation will be permitted. The Area EPS interconnection study will identify
the issues involved.
(a) Any anticipated use in the extended parallel mode requires special agreements and special
protection coordination.
(b) Protective Relaying is required as described in section 6.
(c) Figure 4 at the end of this document provides a typical one-line for this type of
interconnection. It must be emphasized that this is a typical installations only and final
installations may vary from the examples shown due to transformer connections, breaker
configuration, etc.
v)Inverter Connection
This is a continuous parallel connection with the system. Small Generation Systems may
utilize inverters to interface to the Area EPS. Solar, wind and fuel cells are some examples of
Generation which typically use inverters to connect to the Area EPS. The design of such
inverters shall either contain all necessary protection to prevent unintentional islanding, or the
Interconnection Customer shall install conventional protection to affect the same protection.
All required protective elements for a soft-loading transfer switch apply toan inverter
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
connection. Figure 5 at the end of this document, shows a typical inverter interconnection.
(1) Inverter Certification Prior to installation, the inverter shall be Type-Certified for interconnection
to the electrical power system. The certification will confirm its anti- islanding protection and
power quality related levels at the Point of Common Coupling. Also, utility compatibility, electric
shock hazard and fire safety are approved through UL listing of the model. Once this Type
Certification is completed for that specific model, additional design review of the inverter should
not be necessary by the Area EPS operator.
(2) For three-phase operation, the inverter control must also be able to detect and separate for the
loss of one phase. Larger inverters will still require custom protection settings, which must be
calculated and designed to be compatible with the specific Area EPS being interconnected with.
(3) A visible disconnect is required for safely isolating the Distributed Generation when connecting
with an inverter. The inverter shall not be used as a safety isolation device.
(4) When banks of inverter systems are installed at one location, a design review by the Area EPS
must be performed to determine any additional protection systems, metering or other needs. The
issues will be identified by the Area EPS during the interconnection study process
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
4.Interconnection Issues and Technical Requirements
A)General Requirements - The following requirements apply to all interconnected generating equipment. The
Area EPS shall be
interconnection requirements.
i)Visible Disconnect - A disconnecting device shall be installed to electrically isolate the Area EPS from the
Generation System. The only exception for the installation of a visible disconnect is if the generation is
interconnected via a mechanically interlocked open transfer switch and installed per the NEC (702.6)
prevent the inadvertent interconnection of normal and alternate sources of supply in any
operation of the transfer
The visible disconnect shall provide a visible air gap between Interconne
Generation and the Area EPS in order to establish the safety isolation required for work on the
Area EPS. This disconnecting device shall be readily accessible 24 hours per day by the Area
EPS field personnel and shall be capable of padlocking by the Area EPS field personnel. The
disconnecting device shall be lockable in the open position.
approved, manual safety disconnect switch of adequate ampere capacity. The visible
disconnect shall not open the neutral when the switch is open. A draw-out type circuit breaker
can be used as a visual open.
The visible disconnect shall be labeled, as required by the Area EPS Operator to inform the
Area EPS field personnel.
ii)Energization of Equipment by Generation System The Generation System shall not energize a de-
energized Area EPS. The Interconnection Customer shall install the necessary padlocking (lockable)
devices on equipment to prevent the energization of a de-energized electrical power system. Lock out
relays shall automatically block the closing of breakers or transfer switches on to a de-energized Area
EPS.
iii) Power Factor - The power factor of the Generation System and connected load shall be as follows;
(1) Inverter Based interconnections shall operate at a power factor of no less than 90%.at the
inverter terminals.
(2) Limited Parallel Generation Systems, such as closed transfer or soft-loading transfer systems shall
operate at a power factor of no less than 90%, during the period when the Generation System is
parallel with the Area EPS, as measured at the Point of Common Coupling.
(3) Extended Parallel Generation Systems shall be designed to be capable of operating between 90%
lagging and 95% leading. These Generation Systems shall normally operate near unity power
factor (+/-98%) or as mutually agreed between the Area EPS operator and the Interconnection
Customer.
iv)Grounding Issues
(1) Grounding of sufficient size to handle the maximum available ground fault current shall be
IEEE Guide
for Safety in AC Substation , ANSI/IEEE Standard 80.
(2) It is the responsibility of the Interconnection Customer to provide the required grounding for the
Generation System. A good standard for this is the IEEE Std. 142-1991
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
(3) All electrical equipment shall be grounded in accordance with local, state and federal electrical
and safety codes and applicable standards
v)Sales to Area EPS or other parties Transportation of energy on the Transmission system is regulated
by the area reliability council and FERC. Those contractual requirements are not included in this
standard. The Area EPS will provide these additional contractual requirements during the
interconnection approval process.
B)For Inverter based, closed transfer and soft loading interconnections - The following additional
requirements apply:
i)Fault and Line Clearing - The Generation System shall be removed from the Area EPS for any faults, or
outages occurring on the electrical circuit serving the Generation System
ii)Operating Limits in order to minimize objectionable and adverse operating conditions on the electric
service provided to other customers connected to the Area EPS, the Generation System shall meet
the Voltage, Frequency, Harmonic and Flicker operating criteria as defined in the IEEE 1547 standard
during periods when the Generation System is operated in parallel with the Area EPS.
If the Generation System creates voltage changes greater than 4% on the Area EPS, it is the
responsibility of the Interconnection Customer to correct these voltage sag/swell problems
caused by the operation of the Generation System. If the operation of the interconnected
interconnected to the Area EPS, the Interconnection Customer is responsible for correcting the
problem.
iii) Flicker - The operation of Generation System is not allowed to produce excessive flicker to
adjacent customers. See the IEEE 1547 standard for a more complete discussion on this
requirement.
The stiffer the Area EPS, the larger a block load change that it will be able to handle. For any
of the transfer systems the Area EPS voltage shall not drop or rise greater than 4% when the
load is added or removed from the Area EPS. It is important to note, that if another
interconnected customer complains about the voltage change caused by the Generation
responsibility to correct or pay for correcting the problem. Utility experience has shown that
customers have seldom objected to instantaneous voltage changes of less than 2% on the
Area EPS, so most Area EPS operators use a 2% design criteria
iv)Interference - The Interconnection Customer shall disconnect the Distributed Generation from the Area
EPS if the Distributed Generation causes radio, television or electrical service interference to other
customers, via the EPS or interference with the operation of Area EPS. The Interconnection Customer
shall either effect repairs to the Generation System or reimburse the Area EPS Operator for the cost of
any required Area EPS modifications due to the interference.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
v)Synchronization of Customer Generation-
(1) An automatic synchronizer with synch-check relaying is required for unattended automatic quick
open transition, closed transition or soft loading transfer systems.
(2) To prevent unnecessary voltage fluctuations on the Area EPS, it is required that the synchronizing
equipment be capable of closing the Distributed Generation into the Area EPS within the limits
defined in IEEE 1547. Actual settings shall be determined by the Registered Professional Engineer
establishing the protective settings for the installation.
(3) Unintended Islanding Under certain conditions with extended parallel operation, it would be
possible for a part of the Area EPS to be disconnected from the rest of the Area EPS and have the
Generation System continue to operate and provide power to a portion of the isolated circuit.
This condition is calle
isolated circuit to the rest of the Area EPS since there are no synchronizing controls associated
with all of the possible locations of disconnection. Therefore, it is a requirement that the
Generation System be automatically disconnected from the Area EPS immediately by protective
relays for any condition that would cause the Area EPS to be de-energized. The Generation
Generation System must also be
blocked from closing back into the Area EPS until the Area EPS is reenergized and the Area EPS
voltage is within Range B of ANSI C84.1 Table 1 for a minimum of 1 minute. Depending upon the
size of the Generation System it may be necessary to install direct transfer trip equipment from
the Area EPS source(s) to remotely trip the generation interconnection to prevent islanding for
certain conditions
vi)Disconnection the Area EPS operator may refuse to connect or may disconnect a Generation System
from the Area EPS under the following conditions:
(1) Lack of approved Standard Application Form and Standard Interconnection Agreement.
(2) Termination of interconnection by mutual agreement.
(3) Non-Compliance with the technical or contractual requirements.
(4) System Emergency or for imminent danger to the public or Area EPS personnel (Safety).
(5) Routine maintenance, repairs and modifications to the Area EPS. The Area EPS operator shall
coordinate planned outages with the Interconnection Customer to the extent possible.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
5.Generation Metering, Monitoring and Control
Metering, Monitoring and Control Depending upon the method of interconnection and the size of the
Generation System, there are different metering, monitoring and control requirements Table 5A is a
table summarizing the metering, monitoring and control requirements.
Due to the variation in Generation Systems and Area EPS operational needs, the requirements for
metering, monitoring and control listed in this document are the expected maximum requirements that
the Area EPS will apply to the Generation System. It is important to note that for some Generation
System installations the Area EPS may wave some of the requirements of this section if they are not
needed. An example of this is with rural or low capacity feeders which require more monitoring then
larger capacity, typically urban feeders.
Another factor which will affect the metering, monitoring and control requirements will be the tariff
under which the Interconnection Customer is supplied by the Area EPS. Table 5A has been written to
cover most application, but some Area EPS tariffs may have greater or less metering, monitoring and
control requirements then, as shown in Table 5A. .
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
TABLE 5A
Metering, Monitoring and Control Requirements
Generation System Generation
Generation Remote
Metering
Capacity at Point of Remote
Monitoring
Common CouplingControl
Bi-Directional metering at the point
None RequiredNone Required
Area EPSof common coupling
>40 kW Determined by engineering studyDetermined by Determined by
engineering study
engineering
study
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
A)Metering
i)As shown in Table 5A the requirements for metering will depend up on the type of generation and the
type of interconnection. For most installations, the requirement is a single point of metering at the
Point of Common Coupling. The Area EPS Operator will install a special meter that is capable of
measuring and recording energy flow in both directions, for three phase installations or two detented
meters wired in series, for single phase installations. A dedicated
- direct dial phone line may be required to
read the metering. Some monitoring may be done through the meter and the dedicated
direct dial phone line, so in many installations the remote monitoring and the meter reading can
be done using the same dial-up phone line.
ii)
additional metering requirements may result. Contact the Area EPS for tariff requirements. In some
cases, the direct dial-phone line requirement may be waived by the Area EPS for smaller Generation
Systems.
iii)
transformers (VT) and current transformers (CT), used for revenue metering shall be approved and/or
location and wiring
shall be followed for the revenue metering.
iv)For Generation Systems that sell power and are greater than 40kW in size, separate metering of the
generation and of the load is required. A single meter recording the power flow at the Point of
Common Coupling for both the Generation and the load is not allowed by the rules under which the
area transmission system is operated. The Area EPS is required to report to the regional reliability
council (MAPP) the total peak load requirements and is also required to own or have contracted for,
accredited generation capacity of 115% of the experienced peak load level for each month of the year.
Failure to meet this requirement results in a large monetary penalty for the Area EPS operator.
v)For Generation Systems which are less then 40kW in rated capacity and are qualified facilities under
PURPA (Public Utilities Regulatory Power Act Federal Gov. 1978), net metering is allowed and
provides the generation system the ability to back feed the Area EPS at some times and bank that
energy for use at other times. Some of the qualified facilities under PURPA are solar, wind, hydro, and
biomass. For these net-metered installations, the Area EPS may use a single meter to record the bi-
directional flow or the Area EPS Operator may elect to use two detented meters, each one to record
the flow of energy in one direction.
B)Monitoring (SCADA) is required as shown in table 5A. The need for monitoring is based on the need of
the system control center to have
remote monitoring is especially important during periods of abnormal and emergency operation.
The difference in Table 5A between remote monitoring and SCADA is that SCADA typically is a
system that is in continuous communication with a central computer and provides updated values
and status, to the Area EPS operator, within several seconds of the changes in the field. Remote
monitoring on the other hand will tend to provide updated values and status within minutes of the
change in state of the field. Remote monitoring is typically less expensive to install and operate.
i)Where Remote Monitoring or SCADA is required, as shown in Table 5A, the following monitored and
control points are required:
(1) Real and reactive power flow for each Generation System (kW and kVAR). Only required if
separate metering of the Generation and the load is required, otherwise #4 monitored at the
point of Common Coupling will meet the requirements.
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(2) Phase voltage representative of the Area service to the facility.
(3) Status (open/close) of Distributed Generation and interconnection breaker(s) or if transfer switch
is used, status of transfer switch(s).
(4) Customer load from Area EPS service (kW and kVAR).
(5) Control of interconnection breaker - if required by the Area EPS operator.
When telemetry is required, the Interconnection Customer must provide the communications
ated phone circuit or
other form of communication. If a telephone circuit is used, the Interconnection Customer
must also provide the telephone circuit protection. The Interconnection Customer shall
coordinate the RTU (remote terminal unit) addition with the Area EPS. The Area EPS may
require a specific RTU and/or protocol to match their SCADA or remote monitoring system.
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6.Protective Devices and Systems
A)Protective devices required to permit safe and proper operation of the Area EPS while interconnected with
degree of protection is required for increased Distributed Generation size. This is due to the greater
magnitude of short circuit currents and the potential impact to system stability from these installations.
Medium and large installations require more sensitive and faster protection to minimize damage and ensure
safety.
If a transfer system is installed which has a user accessible selection of several transfer modes, the
transfer mode which has the greatest protection requirements will establish the protection
requirements for that transfer system.
The Interconnection Customer shall provide protective devices and systems to detect the Voltage,
Frequency, Harmonic and Flicker levels as defined in the IEEE 1547 standard during periods when
the Generation System is operated in parallel with the Area EPS. The Interconnection Customer
shall be responsible for the purchase, installation, and maintenance of these devices. Discussion
on the requirements for these protective devices and systems follows:
i)Relay settings
(1) If the Generation System is utilizing a Type-Certified system, such as a UL listed inverter a
Professional Electrical Engineer is not required to review and approve the design of the
interconnecting system. If the Generation System interconnecting device is not Type- Certified or
if the Type-Certified Generation System interconnecting device has additional design
modifications made, the Generation System control, the protective system, and the
interconnecting device(s) shall be reviewed and approved by a Professional Electrical Engineer,
registered in the State of Minnesota.
(2) A copy of the proposed protective relay settings shall be supplied to the Area EPS operator for
review and approval, to ensure proper coordination between the generation system and the Area
EPS.
ii)Relays
(1) All equipment providing relaying functions shall meet or exceed ANSI/IEEE Standards for
protective relays, i.e., C37.90, C37.90.1 and C37.90.2.
(2) -
installed to permit field testing and maintenance of the relay without unwiring or disassembling
the equipment. Inverter based protection is excluded from this requirement for Generation
Systems <40kW at the Point of Common Coupling.
(3) Three phase interconnections shall utilize three phase power relays, which monitor all three
phases of voltage and current, unless so noted in the appendix one-lines.
(4) All relays shall be equipped with setting limit ranges at least as wide as specified in IEEE 1547 , and
meet other requirements as specified in the Area EPS interconnect study. Setting limit ranges are
not to be confused with the actual relay settings required for the proper operation of the
installation. At a minimum, all protective systems shall meet the requirements established in IEEE
1547.
(a) Over-current relays (IEEE Device 50/51 or 50/51V) shall operate to trip the protecting breaker
at a level to ensure protection of the equipment and at a speed to allow
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
proper coordination with other protective devices. For example, the over-current relay
monitoring the interconnection breaker shall operate fast enough for a fault on the
51V is a voltage restrained or controlled over-current relay and may be required to
provide proper coordination with the Area EPS.
(b) Over-voltage relays (IEEE Device 59) shall operate to trip the Distributed Generation per the
requirements of IEEE 1547.
(c) Under-voltage relays (IEEE Device 27) shall operate to trip the Distributed Generation per the
requirements of IEEE 1547
(d) Over-frequency relays (IEEE Device 81O) shall operate to trip the Distributed Generation off-
line per the requirements of IEEE 1547.
(e) Under-frequency relay (IEEE Device 81U) shall operate to trip the Distributed Generation off-
line per the requirements of IEEE 1547. For Generation Systems with an aggregate capacity
greater then 30kW, the Distribution Generation shall trip off-line when the frequency drops
below 57.0-59.8 Hz. typically this is set at 59.5 Hz, with a trip time of 0.16 seconds, but
coordination with the Area EPS is required for this setting.
The Area EPS will provide the reference frequency of 60 Hz. The Distributed
Generation control system must be used to match this reference. The protective
relaying in the interconnection system will be expected to maintain the frequency of
the output of the Generation.
(f) Reverse power relays (IEEE Device 32) (power flowing from the Generation System to the Area
EPS) shall operate to trip the Distributed Generation off-line for a power flow to the system
with a maximum time delay of 2.0 seconds.
(g) Lockout Relay (IEEE Device 86) is a mechanically locking device which is wired into the close
circuit of a breaker or switch and when tripped will prevent any close signal from closing that
device. This relay requires that a person manually resets the lockout relay before that device
can be reclosed. These relays are used to ensure that a denergized system is not reenergized
by automatic control action, and prevents a failed control from auto-reclosing an open
breaker or switch.
(h) Transfer Trip All Generation Systems are required to disconnect from the Area EPS when
the Area EPS is disconnected from its source, to avoid unintentional islanding. With larger
Generation Systems, which remain in parallel with the Area EPS, a transfer trip system may
be required to sense the loss of the Area EPS source. When the Area EPS source is lost, a
signal is sent to the Generation System to separate the Generation from the Area EPS. The
size of the Generation System vs the capacity and minimum loading on the feeder will
dictate the need for transfer trip installation. The Area EPS interconnection study will
identify the specific requirements.
If multiple Area EPS sources are available or multiple points of sectionalizing on the
Area EPS, then more than one transfer trip system may be required. Area EPS
interconnection study will identify the specific requirements. For some installations
the alternate Area EPS source(s) may not be utilized except in rare occasions. If this
is the situation, the Interconnection Customer may elect to have the Generation
System locked out when the alternate source(s) are utilized, if agreeable to the Area
EPS operator.
(i) Parallel limit timing relay (IEEE Device 62PL) set at a maximum of 120 seconds for
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
soft transfer installations and set no longer then 100ms for quick transfer installations, shall
trip the Distributed Generation circuit breaker on limited parallel interconnection systems.
Power for the 62 PL relay must be independent of the transfer switch control power. The
62PL timing must be an independent device from the transfer control and shall not be part
of the generation PLC or other control system.
TABLE 6A
SUMMARY OF RELAYING REQUIREMENTS
Over-Reverse Parallel Sync-
Voltage Frequency Lockout Transfer
Type of current Power Limit Check
(27/59)(81 0/U)(86)Trip
Interconnection(50/51)(32)Timer(25)
YesYesYesYes
Determined Determined by Determined by Determined by Determined by Determined by Determined Determined by
>40 kW
by Engineering Engineering StudyEngineering Engineering Engineering by Engineering
Engineering StudyStudyStudyStudyEngineering Study
StudyStudy
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
7.Agreements
A)Interconnection Agreement This agreement is required for all Generation Systems that parallel with the
interconnection agreements depending upon the size and type of Generation System. This agreement
contains the terms and conditions upon which the Generation System is to be connected, constructed and
maintained, when operated in parallel with the Area EPS. Some of the issues covered in the interconnection
agreement are as follows;
i)Construction Process
ii)Testing Requirements
iii) Maintenance Requirements
iv)Firm Operating Requirements such as Power Factor
v)Access requirements for the Area EPS personnel
vi)Disconnection of the Generation System (Emergency and Non-emergency)
vii) Term of Agreement
viii) Insurance Requirements
ix) Dispute Resolution Procedures
B)Operating Agreement For Generation Systems that normally operate in parallel with the Area EPS, an
y
created. This agreement is created for the benefit of both the Interconnection Customer and the Area EPS
operator and will be agreed to between the Parties. This agreement will be dynamic and is intended to be
updated and reviewed annually. For some smaller systems, the operating agreement can simply be a letter
agreement for larger and more intergraded Generation Systems the operating agreement will tend to be
more involved and more formal. The operating agreement covers items that are necessary for the reliable
operation of the Local and Area EPS. The items typically included in the operating agreement are as follows;
i)Emergency and normal contact information for both the Area EPS operations center and for the
Interconnection Customer
ii)Procedures for periodic Generation System test runs.
iii) Procedures for maintenance on the Area EPS that affect the Generation System.
iv)Emergency Generation Operation Procedures
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8.Testing Requirements
A)Pre-Certification of equipment
The most important part of
safety. One of the key components of ensuring the safety of the public and employees is to
ensure that the design and implementation of the elements connected to the electrical power
system operate as required. To meet this goal, all of the electrical wiring in a business or
residence, is required by the State of Minnesota to be listed by a recognized testing and
certification laboratory, for its intended purpose. Typically we see this as
Generation Systems have tended to be uniquely designed for each installation they have been
designed and approved by Professional Engineers. As the number of Generation Systems
installed increase, vendors are working towards creating equipment packages which can be
tested in the factory and then will only require limited field testing. This will allow us to move
-tion System equipment packages that will help streamline the
design and installation process.
An equipment package shall be considered certified for interconnected operation if it has been
submitted by a manufacture, tested and listed by a nationally recognized testing and
certification laboratory (NRTL) for continuous utility interactive operation in compliance with the
applicable codes and standards. Presently generation paralleling equipment that is listed by a
nationally recognized testing laboratory as having met the applicable type-testing requirements
of UL 1741 and IEEE 929, shall be acceptable for interconnection without additional protection
including switchgear, inverters, or other interface devices and may include an integrated
generator or electric source. If the equipment package has been tested and listed as an
integrated package which includes a generator or other electric source, it shall not require
further design review, testing or additional equipment to meet the certification requirements for
interconnection. If the equipment package includes only the interface components (switchgear,
inverters, or other interface devices), then the Interconnection Customer shall show that the
generator or other electric source being utilized with the equipment package is compatible with
the equipment package and consistent with the testing and listing specified for the package.
Provided the generator or electric source combined with the equipment package is consistent
with the testing ad listing performed by the nationally recognized testing and certification
laboratory, no further design review, testing or additional equipment shall be required to meet
the certification requirements of this interconnection procedure. A certified equipment package
does not include equipment provided by the Area EPS.
The use of Pre-Certified equipment does not automatically qualify the Interconnection
Customer to be interconnected to the Area EPS. An application will still need to be submitted
and an interconnection review may still need to be performed, to determine the compatibility of
the Generation System with the Area EPS.
B)Pre-Commissioning Tests
i)Non-Certified Equipment
(1) Protective Relaying and Equipment Related to Islanding
(a) Distributed generation that is not Type-Certified (type tested), shall be equipped with
protective hardware and/or software designed to prevent the Generation from being
connected to a de-energized Area EPS.
(b) The Generation may not close into a de-energized Area EPS and protection provided
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
to
provide a final design and to install the protective measures required by the Area
EPS. The Area EPS will review and approve the design, the types of relays specified,
and the installation. Mutually agreed upon exceptions may at times be necessary and
desirable. It is strongly recommended that the Interconnection Customer obtain Area
EPS written approval prior to ordering protective equipment for parallel operation.
The Interconnection Customer will own these protective measures installed at their
facility.
(c) The Interconnection Customer shall obtain prior approval from the Area EPS for any revisions
to the specified relay calibrations.
C)Commissioning Testing
The following tests shall be completed by the Interconnection Customer. All of the required tests in
each section shall be completed prior to moving on to the next section of tests. The Area EPS
operator has the right to witness all field testing and to review all records prior to allowing the system
to be made ready for normal operation The Area EPS shall be notified, with sufficient lead time to
allow the opportunity for Area EPS personnel to witness any or all of the testing.
i)Pre-testing The following tests are required to be completed on the Generation System prior to
energization by the Generator or the Area EPS. Some of these tests may be completed in the factory if
no additional wiring or connections were made to that component. These tests are marked with a
(1) Grounding shall be verified to ensure that it complies with this standard, the NESC and the NEC.
(2)
protection, shall be tested to ensure correct polarity, ratio and wiring
(3)
removed where required.
(4) Breaker / Switch tests Verify that the breaker or switch cannot be operated with interlocks in
place or that the breaker or switch cannot be automatically operated when in manual mode.
Various Generation Systems have different interlocks, local or manual modes etc. The intent of
this section is to ensure that the breaker or switches controls are operating properly.
(5) * Relay Tests All Protective relays shall be calibrated and tested to ensure the correct operation
of the protective element. Documentation of all relay calibration tests and settings shall be
furnished to the Area EPS operator.
(6) Trip Checks - Protective relaying shall functionally tested to ensure the correct operation of the
complete system. Functional testing requires that the complete system is operated by the
injection of current and/or voltage to trigger the relay element and proving that the relay element
trips the required breaker, lockout relay or provides the correct signal to the next control
element. Trip circuits shall be proven through the entire scheme (including breaker trip)
For factory assembled systems, such as inverters the setting of the protective elements
may occur at the factory. This section requires that the complete system including the
wiring and the device being tripped or activated is proven to be in working condition
through the injection of current and/or voltage.
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(7) Remote Control, SCADA and Remote Monitoring tests All remote control functions and remote
monitoring points shall be verified operational. In some cases, it may not be possible to verify all
of the analog values prior to energization. Where appropriate, those points may be verified during
the energization process
(8) Phase Tests the Interconnection Customer shall work with the Area EPS operator to complete
the phase test to ensure proper phase rotation of the Generation and wiring.
(9) Synchronizing test The following tests shall be done across an open switch or racked out
breaker. The switch or breaker shall be in a position that it is incapable of closing between the
Generation System and the Area EPS for this test. This test shall demonstrate that at the moment
of the paralleling-device closure, the frequency, voltage and phase angle are within the required
ranges, stated in IEEE 1547. This test shall also demonstrate that is any of the parameters are
outside of the ranges stated; the paralleling-device shall not close. For inverter-based
interconnected systems this test may not be required unless the inverter creates fundamental
voltages before the paralleling device is closed.
ii)On-Line Commissioning Test the following tests will proceed once the Generation System has
completed Pre-testing and the results have been reviewed and approved by the Area EPS operator. For
smaller Generation Systems the Area EPS may have a set of standard interconnection tests that will be
required. On larger and more complex Generation Systems the Interconnection Customer and the Area
EPS operator will get together to develop the required testing procedure. All on-line commissioning
tests shall be based on written test procedures agreed to between the Area EPS operator and the
Interconnection Customer.
Generation System functionally shall be verified for specific interconnections as follows:
(1) Anti-Islanding Test For Generation Systems that parallel with the utility for longer than 100msec.
(a) The Generation System shall be started and connected in parallel with the Area EPS source
(b) The Area EPS source shall be removed by opening a switch, breaker etc.
(c) The Generation System shall either separate with the local load or stop generating
(d) The device that was opened to remove the Area EPS source shall be closed and the
Generation System shall not re-parallel with the Area EPS for at least 5 minutes.
iii) Final System Sign-off.
(1) To ensure the safety of the public, all interconnected customer owned generation systems which
do not utilize a Type-Certified system shall be certified as ready to operate by a Professional
Electrical Engineer registered in the State of Minnesota, prior to the installation being considered
ready for commercial use.
iv)Periodic Testing and Record Keeping
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(1) Any time the interface hardware or software, including protective relaying and generation control
systems are replaced and/or modified, the Area EPS operator shall be notified. This notification
shall, if possible, be with sufficient warning so that the Area EPS personnel can be involved in the
planning for the modification and/or witness the verification testing. Verification testing shall be
completed on the replaced and/or modified equipment and systems. The involvement of the Area
EPS personnel will depend upon the complexity of the Generation System and the component
being replaced and/or modified. Since the Interconnection Customer and the Area EPS operator
are now operating an interconnected system. It is important for each to communicate changes in
operation, procedures and/or equipment to ensure the safety and reliability of the Local and Area
EPSs.
(2) All interconnection-related protection systems shall be periodically tested and maintained, by the
Interconnection Customer, at intervals specified by the manufacture or system integrator. These
intervals shall not exceed 5 years. Periodic test reports and a log of inspections shall be
maintained, by the Interconnection Customer and made available to the Area EPS operator upon
request. The Area EPS operator shall be notified prior to the period testing of the protective
systems, so that Area EPS personnel may witness the testing if so desired.
(a) Verification of inverter connected system rated 15kVA and below may be completed as
follows; The Interconnection Customer shall operate the load break disconnect switch and
verify the Generator automatically shuts down and does not restart for at least 5 minutes
after the switch is close
(b) Any system that depends upon a battery for trip/protection power shall be checked and
logged once per month for proper voltage. Once every four years the battery(s) must be
either replaced or a discharge test performed. Longer intervals are possible through the use
approval.
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS
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SCHEDULE 4 - AVERAGE INCREMENTAL COSTS
2019 MMPA Distributed Generation Payment Rates
Summer Months (Jun - Sep)Energy ($/kWh)Capacity ($/kWh)REC ($/kWh)
On Peak0.032500
Off Peak0.021200
All Hours0.026400
Winter Months (Oct - May)
On Peak0.030800
Off Peak0.023000
All Hours0.026700
Annual (Jan - Dec)0.026600
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W.2Water Distribution System Maintenance Program
1.0Water Map
A.Up-date for new developments (Level of detail Tee, Elbow, Distance to property line,
Depth).
B.Locate all past leaks and trouble areas.
C.Develop and maintain Pressure / Flow model.
D.Maintain State of Minnesota annual inspection forms.
E.Distribution leak survey every 5 years if water losses justify.
F.Locate and maintain water service location records.
2.0 Wells
A. Inspect wells & filter plants daily.
B. Test one well per year for all SDWA listed contaminants.
C. Read drawdown monthly for each well.
D. Pull and inspect pump and motor on each well no later than every eight years
(10,000 hours) or one every other year.
E. System sampling for bacteria and fluoride concentrations on a regular schedule.
F. Maintain daily pumping records with chemicals used.
3.0 Valves
A. Locate valves on valve cards with manufacturer, date, type, and GPS location.
B. Chart showing valve size versus number of turns to open.
C. Annual maintenance check condition of road box or manhole exercise valve.
4.0 Hydrants
A. Number all hydrants per quadrants of Elk River.
B. List number, location, type, manufacturer, date, valve size and type, static pressure,
residual pressure, flow, flow @ 20 psi.
C. Last painted.
D. Inspected for frozen barrel.
E. Annually flush all hydrants, flush dead ends three times per year.
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5.0 Water Towers / Filter Plants
A. Back-flush schedules and filter maintenance.
B. Inspect Towers for external damage.
C. Inspect Towers for Internal damage annually.
6.0 Booster Stations
A. Inspect weekly.
B. Run pumps monthly.
C. Adjust PRV per system requirements.
7.0 Meters
A. Meter number with size, type, manufacturer, date, meter index, location.
B. Large meter testing program, once every five years.
C. Small meter change out program, no meter older than 25 years.
D. Inspect and seal new water meter installations.
8.0 Backflow Prevention Program
A. Continue implementation of established written program with City Building Official.
9.0Telemetry System SCADA
A. Inspect instrumentation annually.
B. Inspect radio w/Battery back-up monthly.
C. Spare parts list from System Control Services.
D. Keep pumping and tower level information for future reference.
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W.3Customer Contact for Water Meter Change-Out
1.0Customer Contact for Water Meter Change-Out
A.Procedure to make appointments to change water meters:
a.Two phone calls, each during business hours and weekday evenings to arrange an
nse
b.
c.
d.Mail second letter that includes loss of service.
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W.4Fire Hydrant Use and Maintenance
Section 508 of the state fire code requires inspection, testing and maintenance of fire protection
water supplies which include water lines and fire hydrant systems. Fire hydrant systems shall be
subject to periodic tests, maintained in an operative condition at all times and shall be repaired
where defective. Additions, repairs, alterations and servicing shall comply with approved
standards. Section 101 of the state fire code authorizes the city to adopt rules to implement the
fire code.
Elk River Municipal Utilities (ERMU) finds that it is in the best interest of ERMU and the City
of Elk River to outline the policy and procedures for the maintenance and use of public and
private fire hydrants. It is in the public interest that both public and private hydrants are
inspected and maintained by qualified personnel and are repaired and maintained in good
working order to protect life and property.
Define standard responsibilities, maintenance, inspection procedures and restrictions on the use
of public and private fire hydrants within the City of Elk River.
Fire hydrants within the City of Elk River are for the exclusive use of ERMU and the City.
Hydrants shall only be used for emergencies and any activities approved by ERMU. This policy
applies to:
A.Public and privately owned hydrants within the City of Elk River;
B.Individuals, groups, or companies that use municipal water within the city; and
C.ERMU and the City of Elk River.
W.4Fire Hydrant Use and Maintenance Page 1of 4Adopted July 2, 2013
362
The ERMU Water Department shall:
A.Direct and schedule all public and private hydrant maintenance and inspection
activities.
B.Contract as necessary for maintenance and repair services.
C.Ensure all new hydrants installed in the City meet specifications.
D.Inspect and exercise all hydrants in the City.
E.Document hydrants needing repairs and make repairs as necessary.
A.Companies and/or individuals wishing to use fire hydrants must gain approval
from ERMU before using fire hydrants and pay the fees published in the ERMU
Fee Schedule.
B.Companies and/or individuals needing city water for projects will be required to
complete ERMU application for service prior to obtaining access to water.
C.All water obtained directly from fire hydrants will be billed at the rate specified in
the ERMU Fee Schedule.
D.Isolation valves for well hydrants will be left in the off position. A section of
PVC pipe will be placed inside the valve box as a reminder that the valve is off.
Any inspection, maintenance, or repair of these hydrants is only at the direction of
the Water Superintendent.
Annually, all public and private fire hydrants directly or indirectly connected to the municipal
water system shall be inspected either by ERMU personnel or a qualified contractor engaged by
ERMU to do inspections, unless ERMU has granted the owner of a private hydrant(s) permission
to use a different approved licensed plumber. This inspection shall include testing of the
operation and flow of the hydrants. Should a private hydrant owner be granted permission to use
a different contractor, the owner shall provide ERMU with written verification in advance of the
inspection. Contact information for the contractor performing the inspection and date of the
scheduled inspection are required.
A.ERMU staff will document any problems found during the annual inspection.
Any hydrants taken out of service will be marked at the hydrant and its location
provided to the Fire Department.
B.Repairs to the hydrant will be prioritized based on ERMU and/or City needs.
Every attempt will be made to return non-working hydrants to service within one
business day.
C.Hydrants that do not drain will be pumped dry each fall to prevent freezing and
possible damage to the hydrant.
D.Fire hydrants will be painted periodically to maintain their appearance and
visibility to the fire department.
The following items will be accomplished during annual fire hydrant maintenance:
W.4Fire Hydrant Use and Maintenance Page 2of 4Adopted July 2, 2013
363
A.An inventory of the hydrant will be accomplished to ensure that the hydrant is not
missing any parts (flag, caps, chains, etc.) on an annual basis.
B.The hydrant will be exercised andflushed on an annual basis.
C.The hydrant isolation valve will be exercised periodically.
D.All nozzles will be lubricated with food grade anti-seize to prevent rusting
periodically.
E.The oil reservoir will be topped off with hydrant oil periodically.
F.The hydrant will be painted periodically.
G.All fire hydrants will be painted fire hydrant red.
H.Hydrants that are plugged and do not drain will have the pumper nozzle painted
black.
I.Well hydrants will have the pumper nozzle painted blue.
J.Private hydrants will have the pumper nozzle painted yellow.
Private fire hydrants are defined as hydrants that are located on privately owned property. These
properties are generally commercial, industrial, apartment, townhome, and condominium
properties.
A.All private hydrants will be inspected by ERMU personnel or contractors as
provided in Section 7.0 of this Policy.
B.ERMU will charge an annual inspection fee per the ERMU Fee Schedule for each
privately owned fire hydrant. The cost of the inspection will be spread out evenly
over a 12 month period.
In the event that an ERMU inspection of a private hydrant indicates that repairs are required,
ERMU will notify the owner of the hydrant in writing of the repairs that are needed. The repairs
are the responsibility of the owner.
A.The owner may choose to have the repairs completed bya qualified contractor or
by ERMU. If a contractor is selected the owner must notify ERMU as soon as the
repairs are completed.
B.If the owner chooses ERMU to complete the repairs ORif repairs are not made
within (30) days of initial notification, the necessary repairs will be made by
ERMU or its contractor. The cost of any materials, equipment, and labor will be
billed directly to the property owner. Fees for equipment and labor are set forth in
the ERMU Fee Schedule.
A.There shall horizontal clearance on all sides of the hydrant.
B.All hydrants are to be free of obstacles sothat the hydrant may be seen by
approaching fire trucks at a minimum distance of 200 feet.
C.Posts, fences, vehicles, brush, trash, flowers, or any other items may not be placed
or kept near fire hydrants.
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364
D.ERMU will not be responsible for items or landscaping
hydrant.
E.In the event an excavation needs to be accomplished in order to repair the
hydrant, ERMU will fill in the excavation and level out the soil. ERMU will
restore any turf with either seed or sod, but will not be responsible for restoring
any type of decorative landscaping (flowers beds, rocks, shrubs, etc.) to its
previous condition.
F.The fire department shall not be hindered fromgaining immediate access to a
hydrant.
W.4Fire Hydrant Use and Maintenance Page 4of 4Adopted July 2, 2013
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W.5Looping of Water Mains
1.0Looping of Water Mains
All watermains shall be looped or, in the case of phasing of developments, that provisions be
made to loop them in the future.
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368
CITY OF ELK RIVER POLICY FOR PAYMENT AND ASSESSMENT OF
THE COSTS TO REPAIR PRIVATE UTILITY LINES
Adopted: April 2, 2012
The City of Elk River has adopted an ordinance which provides for payment and assessment of
the costs to repair private utility lines. As detailed in the ordinance, the following policy has been
developed to detail (i) projects eligible for this program; (ii) petitions which may be accepted by
the City Administrator; (iii) petitions which may only be accepted by the City Council; (iv) the
number of annual installments over which amounts paid and assessed will be levied; and (v) the
interest rate applicable to unpaid installments.
Policy
1.Eligible Projects
Eligible sewer or water service repairs projects include those specific cases that pose a
direct risk to public health and safety. These include but are not limited to the following
examples:
A)The repair of a leaking sewer or water service that has created a public health, or
safety hazard on the property or to improvements within the public right-of-way, or
on a neighboring property.
B)The separation of a shared sewer or water service line.
C)The proper abandoning or disconnection of a sewer or water service line that has been
disconnected from a building.
D)The reconnection of a private sewer or water service line if modifications to the
public mains has caused the property owner to no longer have service in the existing
location.
Other eligible projects will be considered by the City on an individual basis.
All work shall be contracted between the Property owner and their Contractor. The City
will reimburse eligible costs in accordance with the terms listed below, but shall not
warrant or be involved in any claims that arise from the work.
2.Eligible Project Costs
Eligible expenses include costs that are directly related to the repair of said service line
and restoration of disturbed areas that have resulted from the construction. Expenses
related to plumbing on the interior of a building will only be covered if the plumbing
work is required to facilitate proper repair with the external sewer or water service line
work.
369
3.Initiation of Project
Projects shall be initiated by the submission of a Petition, Waiver and Agreement, on a
form supplied by the City, which has been signed by the Property Owner.
Eligible project costs shall be detailed on Exhibit B of the signed Petition, Waiver
Agreement and be approved by City Staff or the City Council prior to any work being
completed. Any expenses that are determined, by City staff or the City Council, that are
not required to facilitate the service connection or repair, will be deducted from the
requested amount.
All permit fees and any escrow money required by said permits will not be eligible for
reimbursement.
4.Approval and Terms of the Assessment
Petitions shall be limited to a minimum request of $3,000 and a maximum request of
$20,000. The City Administrator shall have the authority to approve all petitions up to
$5,000. Those petitions above $5,000 will require the approval of the City Council.
All qualified expenses, reimbursed by the City, will be levied as a special assessment
against the property, pursuant to the Petition, at the current bonding interest rate available
to the City plus a 1.5% administrative fee. The final rate will be determined at the time
of improvement. The term of the assessment will be as follows:
Single Family Residential $3,000 to $5,000 Up to 3-years
Single Family Residential $5,001 to $10,000 Up to 5-years
Single Family Residential $10,001 to Max Up to 10-years
All Other Properties $3,000 to Max Up to 3-years
All Petitions are subject to final approval by the City Administrator or the City Council.
The City retains the right to reject any Petition submitted for consideration.
370
ORDINANCE NO. 12-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78,
ARTICLE I OF THE ELK RIVER CODE OF ORDINANCES TO ADD NEW DIVISION
1, PROVIDING FOR PAYMENT AND ASSESSMENT OF THE COSTS TO REPAIR
PRIVATE UTILITY LINES
The City Council of the City of Elk River hereby ordains as follows:
Section 1. That Chapter 78, Article I of the City of Elk River Code of Ordinances shall be
amended to add new Division 1, which shall read as follows:
Division 1.
Payment and Assessment of Costs to Repair Private Utility Lines.
Section 78-1. Finding of Public Health and Safety Hazard.
a)The City Council finds that failure to maintain in good, operable condition private water
andsanitary sewer utility lines creates public health and safety hazards on private
property which must be eliminated.
b)In addition to the provisions of chapter 46, article II of this code, which declares
defective sewage systems and plumbin
health and authorizes the City to abate such nuisances and to assess the costs therefor to
the affected properties, the City Council finds that it is necessary and in the public
interest to provide a mechanism for costs incurred by private property owners to
eliminate such public health and safety hazards on private property to be assessed against
the property as a special assessment.
Section 78-2. Petition Authorized.
Property owners who have private water and/or sanitary sewer lines which have failed,
and such failure has been determined by City land development staff to be a public health or
safety hazard, may petition the City, on a form provided by the City, to pay the costs to repair the
private utility lines and to assess amounts paid as a special charge under Minnesota Statutes,
Section 429.101. The City may accept or reject such petitions in its sole discretion, and may
impose such conditions and requirements to acceptance as it deems appropriate.
Section 78-3. Work to be Completed by Property Owner.
If a petition to pay and assess the costs of repair is accepted by the City, installation of
the required repairs to private utility lines on private property shall be the responsibility of the
371
property owner, shall be contracted for by the property owner, shall be completed by the
property owner as required by the policies and ordinances of the City of Elk River and Elk River
Municipal Utilities, and shall be inspected and accepted by the city building official before
payment of costs is made.
Section 78-4. Payment and Assessment of Costs Authorized.
a)Upon completion and acceptance by the City of all work required, the City will make
payment to the party or parties who performed the work in an amount not to exceed
that set forth in the petition accepted by the City. Such payment by the City shall
constitute a special charge against the affected property pursuant to Minnesota
Statutes, Section 429.101 and shall be specially assessed against the property by the
City pursuant to the provisions of Minnesota Statutes, Section 429.101. Special
assessments levied under this Section shall be payable in a single installment, or by
up to 10 equal annual installments, as provided by the City Council.
b)The City Council shall establish, and may amend from time to time, policies
regarding: (i) projects eligible for this program; (ii) petitions which may be accepted
by the City Administrator; (iii) petitions which may only be accepted by the City
Council; (iv) the number of annual installments over which amounts paid and
assessed will be levied; and (v) the interest rate applicable to unpaid installments.
Section 2. That this Ordinance shall be published and take effect as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of , 2012.
John J. Dietz
Mayor
Attest:
Tina Allard
City Clerk
372
PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS
TO PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL
CHARGE UNDER
MINNESOTA STATUTES, SECTION 429.101
TO: City Council of the City of Elk River
(the Owners), owners of the property
located at and legally described on
Exhibit A attached hereto (the Property),
Petition the City of Elk River (the City) to pay the costs of certain repairs (the Repairs) to private
utility lines located on the Property or in the Right-of-Way directly adjacent to the Property,
including:
Repair of private water service line(s) currently connected to the City System
Repair of private sanitary sewer service line(s) currently connected to the City System
In an amount not to exceed that set forth on Exhibit B attached hereto (the Cost of Repairs),
And to levy a special assessment against the Property in the amount of the Cost of Repairs as an
unpaid special charge pursuant to Minnesota Statutes, Section 429.101.
Owners acknowledge and agree: 1) that there has been a failure of the private utility lines
on the Property; 2) that the existing services are connected to the public system; 3)that the failure
of the utility lines has created a public health and safety hazard near the failure; 4) that the Work
identified on Exhibit B is reasonable and necessary to eliminate the public health and safety
hazard on the Property; 5) that the Cost of the Work identified on Exhibit B is reasonable and
necessary to affect the Work and is the responsibility of Owners; and 6) that Owners have been
elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of
the Cost of the Work to the Property.
Owners acknowledge that the City may accept or reject this Petition, Waiver and
Agreement in its sole discretion, for any reason, including, but not limited to, the availability of
City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and
Agreement: 1) to have the Repairs identified on Exhibit B completed as required by the policies
and ordinances of the City; 2) that the Repairs performed shall be privately contracted by the
Owners; 3) that the City shall bear no responsibility for or liability related to the performance of
the Repairs; 4) that Owners shall hold harmless and indemnify the City from any claims related
to the performance of the Repairs; 5) to procure and pay the cost of all permits required for the
Repairs; 6) to submit evidence to the City that the Repairs have been inspected and accepted by
373
the City Building Official; 7) that, upon completion and acceptance of the Repairs, City shall
make payment to th
not to exceed the Cost of the Work identified on Exhibit B; 8) that payment by the City of the
Cost of the Work shall create an unpaid special charge against the Property; 9) that this unpaid
special charge shall be specially assessed against the Property by the City pursuant to Minnesota
Statutes, Section 429.101; and 10) that the special assessment shall be payable in _____ equal
annual installments with interest accruing on unpaid installments at the rate of _____%.
Owners expressly waive the right to a hearing on assessments levied pursuant to this petition;
expressly waive objection to any irregularity with regard to the assessment of the Property for
the Cost of Repairs; expressly agree that the amount assessed is reasonable; expressly waive any
claim that the amount assessed is excessive; expressly waive all rights of appeal, including any
rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the Cost of
Repairs; and expressly agree to pay when due all assessments levied for the Cost of Repairs.
Owners represent and warrant that they are the sole fee Owners of the Property; agree to
make payment of all assessments levied pursuant to this Petition, Waiver and Agreement for
Payment of the Cost of Repairs; agree that they shall be personally liable for payments not made;
that all assessments levied pursuant to this petition shall be paid in full prior to or at the time of
transfer of the Property to a subsequent owner; and agree that this Agreement may be recorded
against the title to the Property.
Dated this _____ day of , 20___.
OWNER
By:
Its:
374
EXHIBIT A
Legal Description
375
EXHIBIT B
Repairs:
Cost of Repairs:
GP:3135369 v1
376
W.7Side Lot Easements
The Water Department has a requirement to loop water mains, to ensure good water quality and
increase fire flow. Many new developments utilize cul-de-sacs, requiring the looped water
mains to be located in side lot easements.
Adopted 5-18-98
377
WATER SHUT-OFF
REQUEST
I, ______________________________, whose address is ___________________________________, request that Elk
-off the water service at _____________________________________, Elk
River, Minnes
I understand and agree:
1.I declare that I am the owner of the Property and have full and complete authority to request the shut-off of the
water service to the Property.
2.I agree that ERMU, its agents or employees shall not be liable to me or those claiming through or under me for
any injury or property damage occurring in, on or about the Property as the result of the shut-off of water service.
3.This shut-off is available only during times when the ground is not frozen.
4.I understand that there is a $600.00 non-refundable fee for the water service shut-off. The payment will be
processed electronically and work will not be performed until funds have cleared through the financial institution.
5.I agree to indemnify and hold harmless ERMU from and against all costs, expenses and liabilities, including
water service shut-off and defense thereof.
6.I understand that turning off the water simply limits the source of water to the Property; it does not prevent
damage to the Property from water due to mold or frozen plumbing fixtures or internal piping.
7.I understand and agree that the scope of work is limited to shutting off the water service at the curb stop and
replacement of the curb stop, if necessary, including limited restoration of the Property (seeding or sod) and
sidewalk repair. Restoration does not include replacement of trees, shrubs, or driveways, which are my
responsibility.
8.I acknowledge that shutting off the water service does not eliminate the possibility of damage to the Property
either before or after shut-off of the water service.
9.In emergencies where a water service line has failed before the main shut off valve, the Elk River Municipal
Utilities will loan the property owner or their agent a curb box key so they can operate the curb box.
10.In emergencies where a failed service line remains unrepaired and resulting running water creates a public
nuisance or public hazard, Elk River Municipal Utilities has the right to shut off the water at the service line and
assess the property for the cost incurred.
Date: _________________________ Owner:
_____________________________________________
Name
Telephone Number: ____________________________
Fax Number: __________________________________
378
- CODE OF ORDINANCES
Chapter 78 - UTILITIES
ARTICLE II. - WATER SYSTEM
DIVISION 3. DISCONTINUANCE OF SERVICE
DIVISION 3. DISCONTINUANCE OF SERVICE
Sec. 78-31. Notice and hearing procedures for discontinuance of service.
Sec. 78-32. Shut-off procedures.
Sec. 78-33. Recovery of costs for shut-offs.
Sec. 78-34. Reconnections.
Secs. 78-3578-40. Reserved.
Sec. 78-31. Notice and hearing procedures for discontinuance of service.
(a) Delinquent accounts. Elk River Municipal Utilities (ERMU) shall mail written notice to all accounts 30
days delinquent stating that water service will be shut off unless the account is brought current or a
hearing is requested within ten days. If the account is not brought current and no hearing is
requested, ERMU shall inspect the property to determine if it is vacant and shall post notice on the
property that water service will be shut off in 15 days unless the account is brought current or a
hearing is requested within ten days. ERMU shall shut off water service to the address no earlier
than 15 days from the date of the posted notice (unless an emergency shut-off is warranted). If a
hearing is requested, it shall be held pursuant to subsection (c) below.
(b) Properties vacant or with other utilities shut off.
(1) April 15 to October 15. If ERMU shuts off electrical service to a property, receives notice that
electric service or gas to a property has been shut off, or receives information that a property is
vacant, between April 15 and October 15, and there is no delinquency on the water account,
then ERMU shall mail notice to the account holder and shall post notice on the property stating
that water service to the property will be shut off on October 15 unless the account holder
provides evidence that electric and/or gas service has been restored or the account holder
requests a hearing within ten days of the notice. If a hearing is requested, it shall be held
pursuant to subsection (c) below. If no hearing is requested, water shall be shut off on or about
October 15, pursuant to the procedures set forth in this article.
(2) October 15 to April 15. If ERMU shuts off electrical service to a property, receives notice that
electric service or gas to a property has been shut off, or receives information that a property is
vacant, between October 15 and April 15, ERMU may proceed to shut off water as an
emergency shut-off under subsection78-32(b) below.
(c) Hearing procedure. If a hearing is requested, ERMU shall hold a hearing no sooner than 20 days
after the request for a hearing is received. Written notice of the hearing date shall be given to the
account holder at least ten days before the hearing date. The hearing shall be held before the ERMU
commission or a committee of the commission or a hearing officer, as determined by the
commission. The hearing board/officer shall make findings of facts regarding whether the account is
delinquent or if shut-off is warranted for other reasons. If a finding is made that shut-off is warranted,
the hearing board/officer shall set a date for water shut-off, and ERMU shall shut the water off no
earlier than that date.
(Ord. No. 09-02, § 1, 3-2-2009)
Elk River, Minnesota, Code of Ordinances Page 1
379
- CODE OF ORDINANCES
Chapter 78 - UTILITIES
ARTICLE II. - WATER SYSTEM
DIVISION 3. DISCONTINUANCE OF SERVICE
Sec. 78-32. Shut-off procedures.
(a) Nonemergency shut-offs. Water shut-offs shall be done by ERMU personnel or by contractors
engaged by ERMU. Water will always be shut off at the street unless the stop-valve cannot be
located. ERMU shall have the right to take reasonable measures, including the excavation and
removal of existing landscaping, driveways, sidewalks and other improvements as necessary, to
locate the stop-valve. If the stop-off valve cannot be located, written notice of the date that ERMU
needs access to the property to shut off water will be posted on the property and mailed to the
account holder and any lender(s) that can be identified. On the date that water is to be shut off, the
Elk River Police Department shall accompany ERMU personnel to the property. If the property is not
vacant, the police will advise the occupant to allow ERMU personnel to enter the property to shut off
water. If the property is vacant, a locksmith will be brought along to gain entry to the property and Elk
River Police Department will accompany ERMU into the property to shut off the water.
(b) Emergency shut-offs. ERMU shall have the right to make an emergency shut-off if there is visible or
other evidence that water is running and the property is either vacant or there is no response from
the occupant; if ERMU receives notice that electric or gas has been shut off to a property between
October 15 and April 15 and the property is either vacant or there is no response from the occupant;
or if ERMU determines, upon inspection, that a property is vacant and that there is a danger of the
water service freezing. ERMU personnel shall attempt to give notice to the owner or occupant prior
to an emergency shut-off. Water will be shut off immediately from the stop-valve in the street if the
stop-valve can be located. If the stop-off valve cannot be located and the property needs to be
entered to shut off the water, ERMU personnel will contact the Elk River Police Department for
assistance in entering the property and ERMU will attempt to get a locksmith to enter the property. If
it is necessary to force entry, ERMU personnel will do so only with the Elk River Police Department's
assistance. Neither ERMU, nor the City of Elk River, nor any employee or contractor employed by
ERMU or the city, shall be liable to the property owner or other person or entity for any damage to
the property as a result of the need to force entry into the property. A notice will be mailed and
posted on any property where water has been shut off without prior written notice advising that the
owner or occupant may request a post shut-off hearing to contest the shut-off. The post shut-off
hearing will follow the procedures set forth in subsection78-31(c).
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-33. Recovery of costs for shut-offs.
ERMU shall recover its costs for water shut-offs. If water is shut off from the stop-valve in the street,
there shall be a $100.00 shut-off fee which must be paid before service will be restored. There will be no
additional fee to restore water service if service can be restored from the stop-valve. If it is necessary to
excavate to search for the stop-valve, there shall be added to the $100.00 shut-off fee an amount equal to
ERMU's total costs to locate and excavate the stop-valve, including appropriate charges for the use of
ERMU equipment and personnel and/or all costs for third party contractors. If it is necessary to enter a
property to shut off the water, there shall be added to the $100.00 shut-off fee an amount equal to
ERMU's total costs to shut off the water, including appropriate charges for the use of ERMU equipment
and personnel and/or all costs for third party contractors. In situations where a break in a water service
line between the street and the water meter serving a property has resulted in significant loss of water,
ERMU shall charge the property for the estimated amount of water lost. All shut-off fees and related costs
charged to a property which remain unpaid for 30 days may be certified by the city clerk to the county for
collection with real estate taxes.
Elk River, Minnesota, Code of Ordinances Page 2
380
- CODE OF ORDINANCES
Chapter 78 - UTILITIES
ARTICLE II. - WATER SYSTEM
DIVISION 3. DISCONTINUANCE OF SERVICE
Sec. 78-34. Reconnections.
No property which has been disconnected from the water service shall be reconnected unless and
until ERMU and/or the city has inspected the property to ensure that the water lines are in working order
and all fees and costs charged to the property under this article have been paid in full.
(Ord. No. 09-02, § 1, 3-2-2009)
Secs. 78-3578-40. Reserved.
Elk River, Minnesota, Code of Ordinances Page 3
381
W.9Water Use Restrictions
1.0Procedure
A.Until further notice, a sprinkling ban has been declared in Elk River. No sprinkling is
allowed from 10:00 A.M. to 6:00 P.M.
B.Those with even addresses may sprinkle before 10:00 A.M. and after 6:00 P.M. on the
even days and those with odd numbered addresses may sprinkle before 10:00 A.M. and
after 6:00 P.M. on odd numbered days.
Adopted 5-19-1998
382
- CODE OF ORDINANCES
Chapter 78 - UTILITIES
ARTICLE II. - WATER SYSTEM
DIVISION 5. RESTRICTIONS AND ENFORCEMENT
DIVISION 5. RESTRICTIONS AND ENFORCEMENT
Sec. 78-51. Water use restrictions.
Sec. 78-52. Penalties.
Sec. 78-53. Enforcement.
Secs. 78-5478-70. Reserved.
Sec. 78-51. Water use restrictions.
The public utility commission of the city is hereby authorized to invoke water use restrictions in cases
of emergency to ensure adequate water supplies to meet the health, safety, and welfare needs of the city
and its residents. Such water use restrictions shall be invoked by resolution of the public utility
commission, and shall take effect immediately upon adoption of such resolution. The public utility
commission may designate its general manager or water superintendent authority to impose temporary
water use restrictions until the commission can meet to consider a resolution. The penalties imposed
below in section 78-52 may be invoked upon publication of the resolution imposing restrictions.
(Ord. No. 09-02, § 1, 3-2-2009; Ord. No. 10-20, § 1, 10-18-2010)
Sec. 78-52. Penalties.
The first violation of the restrictions contained in this article shall subject the offending person, firm,
corporation or association to a written warning. A second violation of the restrictions shall be a petty
misdemeanor with a penalty of $50.00 and shall increase to the sum of $100.00 for the third violation. A
fourth violation shall result in water shut-off with the reconnection fee to be paid by the offending property
owner according to the policies of the public utilities commission. No penalty can be imposed unless a
person had, or should have had, prior knowledge of the ordinance restrictions. This may be shown by the
fact that prior warning was delivered to the person or to an occupant of the premises to be assessed.
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-53. Enforcement.
This article shall be enforced by appropriate ERMU or city personnel in accordance with city
ordinances.
(Ord. No. 09-02, § 1, 3-2-2009)
Secs. 78-5478-70. Reserved.
Elk River, Minnesota, Code of Ordinances Page 1
383
WELLHEAD PROTECTION PLAN
FOR THE
ERMU City of Elk River
This plan is in effect from:
January 8, 2013
384
Forward -
This document presents the WHP plan for the Elk River Municipal Utilities that will help
provide for an adequate and safe drinking water supply for community residents. It contains the
following components -
Assessment of the data elements used to prepare the plan
Delineation of the wellhead protection area,
Delineation of the drinking water supply management area,
Assessments of well and drinking water supply management area vulnerability,
Impact of changes on the public water supply well(s) used by the water supplier
Issues, Problems, and Opportunities affecting the well(s), well water, and the drinking
water supply management area;
Wellhead protection goals for this plan;
Objectives and plan of action for achieving the wellhead protection goals;
Evaluation program for assessing the effectiveness of this plan; and
Contingency strategy to address an interruption of the water supply.
Water Supply Wells Included in This Plan
1
Unique NumberWell Name or NumberUse/Status
271176Well #2P
2211176Well #3P
481794Well #4P
537682Well #5P
580320Well #6P
664852Well #7P
694499Well #8P
757624Well #9P
1
P = Primary Water Supply Well E = Emergency Backup Well S=Seasonal Well
WHP Plan Manager
Ms. Angela Hauge, Water Operator
13069 Orono Parkway, P.O. Box 430
Elk River, Minnesota 55330-0430
Phone: 763.441.2020
Email: ahauge@elkriverutilities.com
Dave Berg, Water Superintendent
13069 Orono Parkway, P.O. Box 430
Elk River, Minnesota 55330-0430
Phone: 763.441.2020
Email: dberg@elkriverutilities.com
ii
385
WHP Team Members
Angela Hauge, Water Operator, Elk River Utilities
Dave Berg, Water Superintendent, Elk River Utilities
Robyn Hoerr, Planner
Tom Sagstetter, Co-Manager Conservation & Key Accounts Manager
Bill Bronder, SWCD Manager
Written By
Teri Osterman, MRWA
Hydrologist
Gail Haglund, MDH/SWP Unit
iii
386
Table of Contents
Page
Executive Summary .................................................................................................................................vi
Chapter 1.0 Introduction ........................................................................................................................... 1
Chapter 2.0 Identification and Assessment of the Data Elements Used to Prepare the Plan ................... 1
Chapter 3.0 Delineation of the Wellhead Protection Area, Drinking Water Supply Management
Area, and Vulnerability Assessments .................................................................................... 4
Chapter 4.0 Assigning Risk to Potential Contamination Sources............................................................. 5
Chapter 5.0 Impact of Land- and Water- Use Changes on the Public Water Supply Well(s) .................. 6
Chapter 6.0 Issues, Problems, and Opportunities ..................................................................................... 7
Chapter 7.0 Existing Authority and Support Provided by Local, State, and Federal Governments ......... 9
Chapter 8.0 Goals.................................................................................................................................... 12
Chapter 9.0 Objectives and Plan of Action ............................................................................................. 14
Chapter 10.0 Evaluation Program ........................................................................................................... 19
Chapter 11.0 Contingency Strategy ........................................................................................................ 19
Chapter 12.0 Glossary of Terms ............................................................................................................. 20
Chapter 13.0 List of Acronyms ............................................................................................................... 21
Chapter 14.0 References ......................................................................................................................... 22
Chapter 15.0 Figures ............................................................................................................................... 23
List of Figures
Figure 1: Regional Location Map................................................................................................... 24
Figure 2: ERMU Municipal Well Location Map ........................................................................... 25
Figure 3: Groundwater Flow Field Map ......................................................................................... 26
Figure 4: Groundwater Flow Field Map ......................................................................................... 27
Figure 5: Wellhead Protection Areas Map ..................................................................................... 28
Figure 6: Drinking Water Supply Management Area .................................................................... 29
Figure 7: ERMU DWSMA Map .................................................................................................... 30
Figure 8: Surficial Geology of the DWSMA ................................................................................. 31
Figure 9: DWSMA Vulnerability ................................................................................................... 32
Figure 10: Sherburne County Map ................................................................................................... 33
Figure 11: Anoka County Map ......................................................................................................... 34
Figure 12: Wright County Map ........................................................................................................ 35
Figure 13: Otsego City Map ............................................................................................................. 36
Figure 14: Elk River Land Use Map ................................................................................................ 37
Figure 15: Elk River Zoning Map .................................................................................................... 38
Figure 16 Well 5 IWHPZ Map ........................................................................................................ 39
Figure 17 Well 5 Sewer/Sanitary Map ............................................................................................ 40
iv
387
List of Tables
Table 1: Assessment Results for the Data Elements ............................................................................ 2
Table 2: Potential Contamination Sources and Assigned Risk for the IWMZ ................................... 6
Table 3: Point Sources of Potential Contamination and Assigned Risk for the Remainder of
the DWSMA .......................................................................................................................... 6
Table 4: Expected Land and Water Use Changes ............................................................................... 7
Table 5: Issues, Problems and Opportunities ....................................................................................... 8
Table 6: Controls and Programs of the Public Water Supplier ........................................................... 9
Table 7: Local Agency Controls and Programs ................................................................................... 10
Table 8: State and Federal Agency Controls and Programs ................................................................ 11
Table 9: WHP Plan of Action .............................................................................................................. 14
Table 10: Cooperating Agencies .......................................................................................................... 19
List of Appendices
Appendix I: WHPA and DWSMA Delineations and Vulnerability Assessments ........................ 41
Appendix II: Inventory of Potential Contamination Sources ......................................................... 65
Appendix III: DNRWater Supply Approval Letter ...................................................................... 124
Appendix IV: Ordinance Chapter 78, Connection to Water System ............................................. 125
v
388
Executive Summary
The wellhead protection (WHP) plan for the ERMU of the City of Elk River presents the actions
that will be taken to manage potential contamination sources that may present a risk to the
Minnesota Department of Health (MDH) under authority granted by Minnesota Statutes, section
1031.101, subdivision 5 and through Minnesota Rules Chapter 4720.5100 to 4720.5590 relating
to WHP planning.
The ERMU is located in the City of Elk River, county of Sherburne and relies on nine primary
wells that draw water from the Eau Claire- Mt. Simon- Hinckley aquifers.
Water Supply Wells Included in This Plan
Unique Well Name or Total Depth Aquifer Well Vulnerability
NumberNumber(ft)Formation(s)
Utilized
Eau Claire-Mt.
Not Vulnerable
271176Well #2290
Simon
Mt. Simon
NotVulnerable
2211176Well #3315
Mt. Simon
Not Vulnerable
481794Well #4225
Mt. Simon
537682Well #5406Vulnerable
Mt. Simon
Not Vulnerable
580320Well #6300
Mt. Simon
Not Vulnerable
664852Well #7341
Mt. Simon
Not Vulnerable
694499Well #8390
Mt.Simon -
Not Vulnerable
757624Well #9454
Hinckley
Potential Contamination Sources and Assigned Risk
Total Number within Number Within
Potential Source NumberEmergency Response Remainder of the
TypeArea and Level of DWSMA and Level
Riskof Risk
City Wells88HN/AN/A
Non CityWells
22112H209H
High Priority
Non City Wells
Intermediate 801M79L
Priority
High Capacity
10N/A1H
Wells
Storage Tanks7H
261H
18L
*H=High Risk *M=Moderate Risk *L= Low Risk
vi
389
The Drinking Water Supply Management Area (DWSMA) is shown in Figure 1 and is the focus
of this plan. The vulnerability of the DWSMA to contamination is based upon an assessment of
the 1) geologic protection covering the aquifer, 2) rate at which the aquifer is recharged, and 3)
groundwater chemistry including the presence of contaminants of human origin.
The ERMU has assigned priorities for managing potential contaminant sources that have been
inventoried within its DWSMA. The inventory was based on 1) the DWSMA vulnerability, 2)
the information contained in various state agency databases, and 3) information that the ERMU
collected about current and historical land uses. Potential contamination sources that were
assigned a high risk were given priority for inventory in the highly vulnerable portion of the
DWSMA. The risk assigned to the potential source was based on 1) evidence that contaminants
are present in the water supply, 2) the potential health impacts of the contaminant and (30) the
quantity of potential contaminant attributed to the sou
Wellhead Protection Goals for the ERMU
Maintain a safe and adequate drinking water supply for community residents that
health,
safety and general welfare of the community
Educate the general public regarding the principals and importance of water conservation
and collecting additional data to support future delineation in order to promote the proper
use of drinking water resources and monitor the geologic condition of Well # 5.
The following table illustrates action items that the ERMU has identified to meet the goals of its
WHP plan. Further discussion of them and those of state and local government are presented in
the Objectives and Plan of Action section of this plan.
Summary of Wellhead Protection Actions
Wellhead Protection Action Item Descriptions
2012201320142015201620172018201920202021
Provide ERMU residents with a pamphlet or bill stuffer that explains the
importance of WHP and the need to seal priority unused wells and the
Annually
assistance from MRWA.
Distribute materials to property owners in and outside of the ERMU limits
within the DWSMA relating to the proper management of wells
xx
Continue to provide tours of the water plant to educate school children on the
importance of WHP, conservation and protection
Annually
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390
In the next two years, create and present a mobile display for agencies around
the DWSMA in order to educate the public visually. Example locations:
xx
YMCA, City Library, Elk River Municipal Unities and City offices, Senior
Activity Center.
In the next year, we will take footage of a local well sealing and create a
x
This will show the importance of well maintenance and well sealing cost-
share availability
Keep local city channel (Channel 12) ERTV12 well and water footage up to
date with any changes in DWSMA area. Currently demonstrate: Water
xx
system incite, water meter change outs details, wellhead protection
importance, water conservation/SMART irrigation information, etc.
Annually mail Consumer Confidence Reports so citizens are aware of the
water quality
Annually
Contact Sherburne County annually to see what monies are available through
the county for education and well sealing
Annually
Present Kids themed information on WHP/water conservation for Earth Day
school visit and other kid activity days with schools, girl scouts, scouts,
home school kids. Attempt to gain additional audiences each year to reach a
Annually
variable age range
There are known wells on the PCSI inventory without complete data fields.
x
parcel identification numbers, status of wells or other applicable information
on the wells in order to complete the PCSI
ERMU, City , and Sherburne SWCD will conduct MDH nitrate well water
testing clinic
x
Distribute and post educational materials related to the maintenance of above
and below ground storage tanks to property owners with tanks as it relates to
xx
the protection of the ERMU drinking water supply. Place information on
website immediately.
The ERMU, and the Sherburne SWCDwill apply for grant funds to help seal
unused wells located in the DWSMA. If they are successful they will use the
xxx
money to seal the wells. If unsuccessful they will work cooperatively with
the local units of government to provide as much cost share as possible to
help seal wells
Provide an on-site visit to the property with the tanks identified during the
inventory, that is within the 1 year time of travel to provide the property
x
owner with a map of the DWSMA and information about tank maintenance
as it relates to the protection of the ERMU drinking water supply
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391
Notify MDH if a Class V well is identified and provide management
materials to the Class V well owner
As Occurs
Meet with Sherburne County SWCD to discuss areas where they can work
cooperatively on water and land use management issues with the DWSMA
and on grant funding.
Annually
Work with all entities involved in the DWSMA on land use issues.
As Needed
Meet with Elk River Planning and Zoning to incorporate the map in the city
land use and incorporate the WHP Plan into the city Comprehensive Plan
x
Have Well #5 sampled for stable isotopes of oxygen (180) and deuterium
(2H) and several general chemistry parameters on water produced to assess
the degree to which surface waters may be contributing to the well. Have
x
MDH staff and MDH hydro geologist assist in the collection and evaluation
of the sampling of surface waters up-gradient of Well #5 as needed. Apply
for a SWP grant to help pay associated costs. Contact MDH as to availability
of grant Programs
Evaluate reasons for younger water being produced at Well #5. Evaluate the
downward groundwater leakage from shallower aquifers and overlying
x
surface bodies into the Mount Simon-Hinckley aquifer.
Implement measures that are specified in the IWMZ PCSI report
Annually
Monitor and maintain the 200 ft. radius around the wells to ensure that
setback distances for new potential contamination sources are met.
Annually
Assist MDH staff in updating the IWMZ inventory for the public water
supply wells. Contact your MDH Planner if changes to the locations or
x
construction of potential contaminant sources are proposed in the IWMZ.
Develop policies and procedures for an Emergency Water Plan dealing with
derailment as to the proximity of the Railroad and Hwy #10 to Wells # 1 and
x
Well #2
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392
Document all wells that have been sealed by keeping track of the property
owners name, address and parcel number of the well location, and share with
Sherburne County. If possible, request a well sealing log from the property
As Needed
owner or well driller who sealed the well.
Prepare an assessment ofWHP plan implementation efforts every 2 ½ years.
Request assistance from MDH Planner and MRWA.
xxx
Summarize all WHP Plan implementation efforts in a report to MDH in the
th
8year.
x
Review and update the Water Supply and Management Plan every 2 ½ years.
xxx
Make entire ERMU and City staff aware of the Contingency Plan. Where it
is located and how to use it.
Annually
The ERMU will prepare an internal assessment of plan implementation every two and one half
years and will summarize its progress with plan implementation in the eighth year when the plan
amendment process begins. Emphasis in the ninth year will be to prepare an amended plan for
submittal to the MDH at the beginning of the tenth year. The amended plan must be approved
by the end of the tenth year to ensure that the ERMU always has an approved WHP plan in
place.
The MDH, MRWA, Federal and State agencies, Sherburne SWCD, and Sherburne County will
provide support to the ERMU to implement various actions that are listed above. Refer to the
Support provided by Local, State and Federal Governments section of this report to identify the
types of outside support that will be provided to the ERMU. The ERMU will serve as the
contact for enlisting support that is provided by other local governments. Generally, the MDH
will serve as the contact for enlisting the support of other state agencies and from federal
agencies on a case-by-case basis regarding technical or regulatory support that may be applied to
the management of potential contamination sources. Also, MDH will provide technical support
to the ERMU for assessing the impacts that contamination releases may present to drinking water
quality and for further data collection that is summarized in the preceding table.Participation by
other agencies, federal agencies, and local governments is based on legal authority granted to
them and resource availability.
x
393
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394
Chapter 1 - Introduction
1.1 Background
The wellhead protection (WHP) plan for the Elk River Municipal Utilities was prepared in
cooperation with the Minnesota Department of Health (MDH). It contains specific actions that
the ERMU will take to fulfill WHP requirements that are specified under Minnesota Rules
4720.5510 to 4720.5590. Also, the support that Minnesota state agencies, federal agencies, and
SherburneCounty will provide is presented to identify their roles in protecting the ERMU
drinking water supply. The plan is effective for 10 years after the approval date specified by the
MDH and the ERMU is responsible for implementing its WHP plan of action as described in
Table 9 of this report. Furthermore, the ERMU will evaluate the status of plan implementation at
least every two and one half years to identify whether its WHP plan is being implemented on
schedule.
1.2 Plan Appendices
Much of the technical information that was used to prepare this plan is contained in the
appendices but is summarized in the main body of this plan. In particular
Appendix I contains the first part of the plan, consisting of the delineation of the wellhead
protection area (WHPA), the drinking water supply management area (DWSMA), and
the vulnerability assessments for the public water supply wells and the DWSMA. This
part of the plan is summarized in Chapter 3.
Appendix II contains the inventory of potential contamination sources that may present a
risk to the ERMU
terms of assigning risk to the ERMUroblems
or opportunities summarized in Chapter 6.
Appendix III contains the contingency strategy to provide for an alternate water supply if
there is a disruption caused by contamination or mechanical failure. This part of the plan
is discussed in Chapter 11.
Chapter 2 - Identification and Assessment of the Data
Elements Used to Prepare the Plan
The data elements that are included in this plan document the need for the WHP measures that
will be implemented to help protect the ERMU potential sources of
contamination. The ERMU met with representatives from the MDH on two occasions to discuss
the data elements that are specified in MR 4720.5400 for preparing a WHP plan.
The first scoping meeting that was held on November 10, 2009 addressed the data elements that
were needed to support the delineation of the WHPA, the DWSMA, and the well and DWSMA
vulnerability assessments. The second scoping meeting that was held on August 1, 2011
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395
discussed the data elements required to 1) identify potential risks to the public water supply and
2) develop effective management strategies to protect the public water supply in relation to the
well and DWSMA vulnerability. The results of each meeting were communicated to the ERMU
by the MDH through a formal scoping decision notice
The following table presents the data element assessment results relative to the overall impact
that each data element has on the four items listed.
Table 1 - Assessment of Data Elements
Definitions
High (H) - the data element has a direct impact
Moderate (M)- the data element has an indirect or marginal impact
Low (L)- the data element has little if any impact
Shaded Areathe data element was not required by MDH for preparing the WHP plan.
Present and Future Implications
Data ElementData Source
Use in
Well (s)
Criteria
DWSMA
Land and
Use of the
Delineation
Quantity of
Well Water
Quality and
Groundwater
Precipitation
Geology
Maps and geologic MGS, DNR, USGS, Consultant
HHHH
descriptionsReports
Subsurface data HHHH MGS, MDH, MPCA, DNR, MDA
Borehole geophysics HHHH MGS, Consultant Reports
Surface geophysics HHHH DNR, MPCA, Consultant Reports
Maps and soil descriptions
Eroding lands
Water Resources
Watershed units
Listof public waters
Shoreland classifications
Wetlands map
Floodplain map
Land Use
ERMU, County, Met Council (Metro
Parcel boundaries map LHLL
area only)
MGIO, ERMU, watershed unit (need
Political boundaries map LHLL
to define)
PLS map LHLL MGIO
Sanborn Fire Maps, Historical Society,
Land use map and inventory MHMH
ERMURecords, County
Comprehensive land use
LLMH ERMU, County
map
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Present and Future Implications
Data ElementData Source
Use in
Well (s)
Criteria
DWSMA
Land and
Use of the
Delineation
Quantity of
Well Water
Quality and
Groundwater
Zoning map LLLH ERMU, County
Public Utility Services
Transportation routes and
LLMM MGIO
corridors
Storm/sanitary sewers and
NoneNoneNoneNone MGIO
PWS system map
Oil and gas pipelines mapMGIO
NoneNoneNoneNone
Public drainage systems
NoneNoneNoneNone
MGIO, County ditches
map or list
Records of well
construction, maintenance, HHHH ELK River Municipal Utilities, CWI,
and useMDH files
Surface Water Quantity
Stream flow data
Ordinary high water mark
data
Permitted withdrawals
Protected levels/flows
Water use conflicts
Groundwater Quantity
Permitted withdrawalsDNR
HHHH
Groundwater use conflicts DNR
HHHH
Water levelsDNR, MPCA, MDA, MDH, ERMU
HHHH
Surface Water Quality
Stream and lake water
quality management
classification
Monitoring data summary
Groundwater Quality
Monitoring dataMPCA, MDH. MDA, USGS
HHHH
MPCA, MDH. MDA, USGS, County,
HHHH
Isotopic data
UMN
Tracer studiesDNR, MPCA
HHHH
Contamination site data MMMM MPCA, MDA
Property audit data from
LHHL MPCA, MDA, property owner
contamination sites
MPCA and MDA
LHHL MPCA, MDA
spills/release reports
The availability of the information relating to each data element that is used in this plan was
evaluated by the Minnesota Department and the Elk River Municipal Utilities. Actions that are
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needed to address deficiencies in either the quality or the amount of data are included in the plan
of action (Chapter 9).
Chapter 3 - Delineation of the Wellhead Protection Area,
Drinking Water Supply Management Area and Vulnerability
Assessments
A detailed description of the process used for 1) delineating the WHPA and the DWSMA, and 2)
preparing the vulnerability assessments of the ERMU water supply well(s) and DWSMA is
presented in Part 1 ERMU WHP Plan, Appendix I. The Public work was performed by a
geoscientist licensed by the State of Minnesota and employed by Bolton & Menk Engineering.
3.1 WHPA and DWSMA Delineation Figure 1 shows the boundaries of the WHPA and the
DWSMA.The WHPA was delineated by using computer simulations of groundwater movement
to generate the underground capture zones for ERMU eight wells.
The DWSMA boundaries were designated using the following criteria
Center-lines of highways, streets, roads, or railroad rights-of-ways;
Public Land Survey coordinates;
Property or fence lines;
3.2 Well Vulnerability Assessment - The construction and water quality obtained from the
wells that are used by the Public Water Supplier is included in the assessment of well
vulnerability. All ERMU public water supplies are completed in the Mt. Simon-Hinckley
formation and seems to exhibit confined aquifer conditions in most of the Elk River area.
Tritium tests were performed on all ERMU wells, and only samples from Well 5 showed an
indication of younger (post-1953) groundwater and is classified as vulnerable. It is hypothesized
that either the Eau Claire Formation is thinner at the Well 5 location and potentially absent east
of the well where buried bedrock valley ispresent. Or, it is possible that the integrity of the well
casing itself has been compromised to allow infiltration of water from the upper aquifers into the
water from the well.
3.3 DWSMA Vulnerability Assessment-The vulnerability of the DWSMA (Figure 1) was
determined using geologic, soils, and groundwater chemistry information. Vulnerability is
variable (moderate and low) in the area. While there is good protection provided over the Mt.
Simon aquifer in the area of the ERMU DWSMA by the shale-rich, low-permeability Eau Claire
formation, there is speculation that in the vicinity of Well 5 the protective shale Eau Claire layer
may thin out and allow the infiltration of water from more shallow aquifers. Therefore, the
recharge area around Well 5 is vulnerable (moderate), while the remaining portion of the
DWSMA for all other wells is not vulnerable.
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398
Chapter 4 - Assigning Risk to Potential Contamination
Sources
The types of potential contamination sources that may exist within the DWSMA were derived
from the information collected to satisfy the data element requirements (Chapter 2). The impact
assigned to each data element as part of the assessment process (Table 1) was used to assess the
types of potential contamination sources that may present a risk to the ERMU
supply.
Generally, the ERMU considers all types of land- and water-uses as presenting a possible risk to
groundwater quality where the source water aquifer exhibits a high or very high vulnerability.
Where the source water aquifer exhibits a moderate vulnerability, certain types of potential
contamination sources that may release contaminants to the subsurface must be included in
addition to wells, excavations that may reach the source water aquifer and certain types of
Environmental Protection Agency Class V wells. These additional types include above ground
and buried chemical and fuel storage tanks, underground waste disposal practices, pipelines and
fuel/chemical spills. Where the source water aquifer exhibits a low or very low vulnerability,
certain types of potential contamination sources that may release contaminants to the subsurface
must be included in addition to wells, excavations that may reach the source water aquifer and
certain types of Environmental Protection Agency Class V wells.
4.1 Contaminants of Concern
None of the contaminants that are regulated under the federal Safe Drinking Water Act have
been detected in the ERMU water supply wells. However, the vulnerable nature of the aquifer
requires that potential contamination sources that may release them be inventoried. These
potential sources likely reflect those that could present a threat to drinking water if a contaminant
release were to occur because the contaminants have a known impact on public health.
4.2 Inventory Results and Risk Assessment
The ERMU Wellhead Protection Team conducted the inventory of potential contaminant
sources. The MDH provided the team with a listing of potential contamination sources from
state agency databases and team members provided knowledge about other potential sources that
are not addressed under state regulatory programs. Most of the work was accomplished at
meetings of team members although this was supplemented with driving throughout the
DWSMA to confirm some of the information.
The inventory began with updating the locations of potential contamination sources in the area
that is located within 200 feet of each city well and is referred to as the IMWZ.
A description of the locations of potential contamination sources is presented in Appendix II. A
summary of the results for the IWMZ is listed in Table 2 and complete IWMZ PCSI reports are
presented in Figure 6, and for the remainder of the DWSMA in Table 3. The priority assigned to
each type of potential contamination source addresses 1) the number inventoried, 2) its proximity
to an ERMU well, 3) the capability of local geologic conditions to absorb a contaminant, 4) the
effectiveness of existing regulatory controls, and 5) the time required for the ERMU to obtain
cooperation from governmental agencies that regulate it. A high (H) risk potential implies that
the potential source type has the greatest likelihood to negatively impact the ERMU
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399
supply and should receive highest priority for management. A low (L) risk potential implies that
a lower priority for implementing management measures is assigned.
Table 2 Potential Contamination Sources and Assigned Risk for the IWMZ
Total
Source TypeLevel of Risk
Wells (Non-City)2H
Above Ground Storage Tanks1H
Sewer Lines1H
Table 3 Point Sources of Potential Contamination and Assigned Risk
for the Remainder of the DWSMA
Total Number within Number Within
Potential Source NumberEmergency Response Remainder of the
TypeArea and Level of DWSMA and Level
Riskof Risk
City Wells88HN/AN/A
Non CityWells
22112H209H
High Priority
Non City Wells
Intermediate 801M79L
Priority
High Capacity
10N/A1H
Wells
Storage Tanks7H
261H
18L
*H=High Risk *M=Moderate Risk *L= Low Risk
Chapter 5 - Impact of Land- and Water- Use Changes on the
Public Water Supply Well(s)
The ERMU estimates that the following changes to the physical environment, land use, surface
water, and groundwater may occur over the ten-year period that the WHP plan is in effect. This
is needed to determine whether new potential sources of contamination may be introduced in the
future and to identify future actions for addressing these anticipated sources. Land- and water-
use changes may introduce new contamination sources or result in changes to groundwater use
and quality.The anticipated changes may occur within the jurisdictional authority of the ERMU
although some may not. The following table describes the anticipated changes to the physical
environment, land use, and surface water or groundwater in relationship to their 1) the influence
that existing governmental land and water programs and regulations may have on the anticipated
change, and 2) the administrative, technical, and financial considerations of the public water
supplier and property owners within the DWSMA.
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400
Table 4-Expected Land and Water Use Changes
Impact of the Influence of Existing Administrative,
Expected Change
Expected Change Government Programs Technical, and Financial,
(Physical Environment, Land
Use, Surface Water, Ground
On the Source and Regulations on the Considerations due to the
Water)
Water AquiferExpected ChangeExpected Change
Physical Environment :
Does not applyDoes not applyDoes not apply
No change is anticipated.
Land Use: ERMUThe ERMUexpects
expects light commercial moderate growth over the
The Mount Simon-Hinckley
growth. The ERMUnext 10 years, although
aquifer is highly regulated
expects light residential
and currently is capable of Do not see any changes due to
growth in established water users which would
sustaining several high this expected change
subdivisionscause significant changes
capacity ERMUwells in the
in the amount of water
Elk River area.
pumped. No changes in
DWSMA
Surface Water:Evaluate downward ground
Well # 5 is producing
Well #5Does not applywater leakage from shallower
younger water
aquifers
Ground Water:ERMUChanges in the Does not applyDoes notapply
wells have historically groundwater supply are
provided groundwater of unlikely to occur
excellent quality and
quantity
Chapter 6 - Issues, Problems, and Opportunities
6.1 Identification of Issues, Problems and Opportunities - The ERMU has identified water-
and land-use issues, problems and opportunities related to 1) the aquifer used by the ERMU
water supply wells, 2) the quality of the well water, or 3) land- or water-use within the DWSMA.
The ERMU assessed 1) input from public meetings and written comments that it received, 2) the
data elements identified by the MDH during the scoping meetings, and 3) and the status and
adequacy of the ERMU
of local, state, and federal government programs. The results of this effort are presented in the
following table which defines the nature and magnitude of contaminant source management
issues in the ERMU
resource needs enables the ERMU to: 1) take advantage of opportunities that may be available to
make effective use of existing resources, 2) set meaningful priorities for source management and
3) solicit support for implementing specific source management strategies.
6.2 Comments Received There have been several occasions for local governments, state
agencies and the general public to identify issues and comment on the ERMU
the beginning of the planning process, local units of government were notified that the ERMU
was going to develop its WHP plan and were given the opportunity to identify issues as well as
to comment. A public information meeting was held to review the results of the delineation of
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401
the WHP area, DWSMA, and the vulnerability assessments and the meetings of the WHP
protection team were open to the public. Also, a public hearing was held before the completed
WHP plan was sent to MDH for state agency review and approval. The following issues were
identified during comment periods
Table 5Issues, Problems and Opportunities
Problem Associated Adequacy of
Impacted Opportunity Associated
Issue Identified with the Identified Existing Controls to
Featurewith the Identified Issue
IssueAddress the Issue
The ERMUcan partner with
The ERMUdoes not
There are likely AquiferThe ERMUneeds to Sherburne County & SWCD to
have authority to require
numerous unused Well Water assess which wells help property owners pay for
that unused wells be
and unsealed wells Qualitypresent a threat to the the costs of properly sealing
properly sealed.
on residential DWSMA aquifer based upon their unused wells.
& commercial (Select all depth, construction, and The MDH has grant programs
The MDH has authority
propertiesthat apply.) state of repairavailable to assist with the
to require well sealing
sealing of wells
No jurisdiction for a ERMUwill work closely with County presently has
Aquifer
DWSMA small number of the numerous jurisdictions on zoning and building
DWSMA
boundaries extend properties located within land use decisions outside permit jurisdiction over
Well Water
past ERMUlimitsand outside the ERMU.the DWSMA located
Quality
DWSMA.outside ERMUlimits.
At the present timethe
ERMU, local and state
governments have
existing controls in place
The ERMU
to address most issues as
recognizes this is a
they occur. Some issues
10 year plan and The ERMUhas the
are uncontrollable and
that issues, AquiferThe ERMUneeds to opportunity to work with other
unforeseen and
problems, and DWSMAhave the flexibility to local units of government to
additional controls might
opportunities can Well Water address changing address those issues, problems
need to be considered to
change from today Qualitysituationsand opportunities that may
address new issues. The
which can impact change over the next 10 years.
ERMU, local and state
the implementation
governments are
strategies
continually updating land
use controls as new
issues, new problems and
new opportunities occur.
The ERMUhas
With limited resources ERMUwill form working ERMUhas limited time
limited resources to
theimplementation of partnerships with local units of and resources for
implement all of the
the WHP Plan will be a government and state agencies implementation.
management DWSMA
challenge to the ERMU.that have regulatory authority
strategies contained
and/or programs to help with
within this WHP
implementation.
plan
New high capacityAquiferThe ERMUhas no The ERMUwill keep updating The ERMUwill need to
wells drilled within DWSMAauthority over the land use controls to allow the work closely with MDH
the DWSMA or one Well Water construction and ERMUthe authority over the and the MN Dept of
mile of the Qualitypumping rates for newly construction of high capacity Natural Resources of
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402
DWSMA might constructed high ERMUwells within the Water in the
alter the WHPA capacity wellslocated corporate boundaries and work identification of high
boundary and outside of the with the appropriate agencies capacitywells which
provide a pathway jurisdictionon those outside of their mightbe drilled within
for pollutants to jurisdiction.the DWSMA or one mile
enter into the of the DWSMA
aquiferboundaries and their
potential impact on the
WHPA boundaries.
The ERMU has authority The ERMUis
AquiferERMU regulates domestic and
Local citizens have over the construction of continually updating land
DWMAirrigation wells through
the opportunity to domestic use private use controls as new
Well Water Ordinance Chapter 78, Article
drill irrigation wellswells. The ERMU issues, new problems and
QualityII, Division 2.
allows irrigation wellsnew opportunities occur
Work with MDH to
Continue to evaluate Well # 5
AquiferWell # 5 is producing develop a process for
for downward groundwater
DWSMAyounger water and could evaluating Well # 5 for
Well # 5leakage from shallower
Well Water have some leakage from groundwater leakage and
aquifers and overlying surface
Qualityshallower aquifers.surface water.
bodies.
Tank was discovered during
AquiferIf the tank isnot ERMU will provide tank
Above ground the PCSI and the owner is
DWSMAmaintained and properly information and
storage tank located cooperative with the city in
Well Water sealed some leakage educational materials to
in the IWMZ.making sure the tank does not
Qualitycould occur.the owner of the tank
cause contamination issues.
Chapter 7- Existing Authority and Support Provided by Local,
State, and Federal Governments
In addition to its own controls, the ERMU will have to rely upon partnerships formed with local
units of government, state agencies, and federal agencies with regulatory controls or resource
management programs in place to help implement its WHP plan. The level of support that a
local, state, and federal agency can provide to help offset the risk that is presented by a potential
contamination source will depend up on its legal authority as well as the resources that are
available to local governments.
7.1 Existing Controls and Programs of the Public Water Supplier - The ERMU has
identified the following legal controls and/or programs that it has in place that can be used to
support the management of potential contamination sources within the DWSMA.
Table 6Controls and Programs of the Public Water Supplier
Type of Control Program Description
Building PermitsProvides an opportunity to require performance
standards to offset potential risks posed by a land use.
Ordinance Requiring Hookup Requires private land owners to connect to ERMU
to ERMUServicesservices when available.
Zoning Ordinance and Provides oversight and control to make sure orderly
Conditional Use Permits (CUP)growth occurs with the ERMU. Specifies
performance standards needed to offset potential risks
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403
posed by land use.
Comprehensive PlanEstablishes ERMUwide goals and priorities towards
orderly growth and protecting water resources.
Domestic Well OrdinanceControls the drilling of wells in the water supply area.
7.2 Local Government Controls and Programs - The following departments or programs
within SherburneCounty may be able to assist the ERMUwith issues relating to potential
contamination sources that 1) have been inventoried or 2) may result from changes in land and
water use within the DWSMA:
Table 7-Local Agency Controls and Programs
Government Name of
Program Description
UnitControl/Program
Sherburne Land Use PermitsRegulates land-uses to comply with zoning
County Planning ordinances.
and Zoning CUP/IUP PermitsSpecifies performance standards needed to offset
Departmentenvironmental risk presented by a proposed land use.
Sherburne Water PlanningEstablishes county wide goals and priorities towards
County Soil and protecting water resources.
Water Administration for grant The Sherburne County SWCD promotes the
Conservation programs for local protection of water and soil resources in the County
District (SWCD)governments.through educational programs, collaboration with
other local, state and federal agencies.Administers
local comprehensive water plans for the county.
Elk River Joint PowersWorks to improve the quality of Elk River Watershed
Watershed District through education, conservation and
district.responsible use of resources.
City of Elk RiverOrdinanceRegulates connections to water system with
ERMUordinances.
7.3 State Agency and Federal Agency Support - The MDH will serve as the contact for
enlisting the support of other state agencies on a case-by-case basis regarding technical or
regulatory support that may be applied to the management of potential contamination sources.
Participation by other state agencies and the federal government is based on legal authority
granted to them and resource availability. Furthermore, the MDH 1) administers state
regulations that affect specific potential sources of contamination and 2) can provide technical
assistance for property owners to comply with these regulations.
The following table identifies specific regulatory programs or technical assistance that state and
federal agencies may provide to the ERMU to support implementation of its WHP plan. It is
likely that other opportunities for assistance may be available over the ten-year period that the
plan is in effect due to changes in legal authority or increases in funding granted to state and
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404
federal agencies. Therefore, the table references opportunities available when the ERMU
WHP plan was first approved by MDH.
Table 8-State and Federal AgencyControls and Programs
Government Type of ProgramProgram Description
Unit
MN Dept. of State Well Code MDH has authority over the construction of new
Health(MR Chapter 4725)wells and sealing of wells. MDH staffin the Well
Management Program offers technical assistance for
enforcing well construction, maintaining setback
distances for certain contamination sources, and well
sealing.
MN. Dept. of WHPMDH has staff that will assist the ERMUwith
Healthidentifying technical or financial support that other
governmental agencies can provide to assist with
managing potential contamination sources.
MDH administers SWP grant program.
MN Dept. of Water Appropriation PermittingDNRcan require that anyone requesting an increase
Natural (MR Chapter 6115)in existing permitted appropriations or to pump
Resourcesgroundwater must address concerns of the impacts to
drinking water if these concerns are include in a
WHP plan.
EPAClass V WellsAutomatic closure of Class Vautomotive waste
disposal wells within the WHP Area.
Inventory of all Class V Wells.
MPCAHazardous waste generators and MPCA identifies, regulates clean up spills, leaks and
storage tanksother hazardous material that can affect health and
environment
7.4 Support Provided by Non-profit Organizations
The Minnesota Rural Water Association (MRWA) has provided technical assistance to the
ERMU of Elk River throughout the development of this WHP Plan and will assist the ERMU
with implementing its WHP Plan by providing: 1) referenced educational and outreach materials
for land owners, 2) technical assistance for implementing individual WHP action items listed in
the Plan, and 3) support to the ERMU for assessing the results of Plan implementation.
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Chapter 8 Goals
Goals define the overall purpose for the WHP plan as well as the end points for implementing
objectives and their corresponding actions. The WHP team identified the following goals after
considering the impacts that 1) changing land- and water-use changes over time have presented
to drinking water quality and 2) future changes that need to be addressed to protect the
Maintain a safe and adequate drinking water supply for community residents that
continues to meet thealth,
safety and general welfare of the community
Educate the general public regarding the principals and importance of water conservation
and collecting additional data to support future delineation in order to promote the proper
use of drinking water resources and monitor the geologic condition of Well # 5.
Chapter 9 - Objectives and Plan of Action
Objectives provide the focus for ensuring that the goals of the WHP plan are met and that
priority is given to specific actions that support multiple outcomes of plan implementation.
Both the objectives and the wellhead protection measures (actions) that support them are based
on assessing 1) the data elements (Chapter 3), 2) the potential contaminant source inventory
(Chapter 5), 3) the impacts that changes in land- and water-use present (Chapter 6) and 4) issues,
problems, andopportunities referenced to administrative, financial, and technical considerations
(Chapter 7).
9.1 Objectives - The following objectives have been identified to support the goals of the WHP
plan for the ERMU
1.Create awareness and general knowledge about the importance of WHP in the Elk River
Community and the ERMU DWSMA.
2.Properly inventory and manage potential contaminant sources to protect the drinking
water supply for the ERMU.
3.Gather additional information within the DWSMA in order to better understand the size
and vulnerability of the DWSMA
4.Effectively track and report the implementation efforts and wellhead protection plan
progress to all governing authorities.
5.Manage the Inner Wellhead Management Zone to prevent contamination of the aquifer
near the public supply wells.
6.Effectively prepare the ERMU for disruptions to the water distribution system.
9.2 WHP Measures and Action Plan - Based upon the factors, the WHP team has identified
WHP measures that will be implemented by the ERMU over the 10-year period that its WHP
plan is in effect. The objective that each measure supports is noted as well as 1) the lead party
and any cooperators, 2) the anticipated cost for implementing the measure and 3) the year or
years in which it will be implemented.
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406
The following categories are used to further clarify the focus that each WHP measure provides as
well as help to organize the measures listed in the action plan:
Data Collection
IWMZ Management
Land Use Management
Potential Contamination Source Management
Public Education and Outreach
Reporting and Evaluation
Water Use and Contingency Strategy
9.3 Establishing PrioritiesWHP measures reflect the administrative, financial, and technical
requirements needed to address the risk to water quality or quantity presented by each type of
potential contamination source. Not all of these measures can be implemented at the same time,
so the WHP team assigned priority to each. A number of factors must be considered when WHP
action items are selected and prioritized (part 4720.5250, subpart 3):
1.Contamination of the public water supply wells by substances that exceed federal
drinking water standards
2.Quantifiable levels of contamination resulting from human activity
3. The location of potential contaminant sources relative to the wells.
4. The number of each potential contaminant source identified and the nature of the
potential contaminant associated with each source
5. The capability of the geologic material to absorb a contaminant
6. The effectiveness of existing controls
7. The time required to get cooperation from other agencies and cooperators
8. The resources needed: staff, money, time, legal, and technical
The ERMU defines priority for implementing a WHP measure as an action that directly
addresses a Potential Contaminant Source (PCS) which protects their drinking water supply from
contamination from the potential contaminant source.The following table lists each measure that
it will implement over the ten year period that the ERMU
priority that it has assigned to each measure.
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407
Table 9-WHP Plan of Action
Public Education and Outreach
ERMU
Action Alone
Implementation time frame
Unless
Cooperator is
Description
Cost
Noted
Priority
Measure
345678912
Objective
Addressed
2022
201201201201201201201202020
Provide ERMU residents with a pamphlet or bill stuffer that
ERMU,
explains the importance of WHP and the need to seal priority
Staff
1SWCD,
H
Annually
time
MRWA
find funding available. Request assistance from MRWA.
1000
Measure 1
$
Distribute materials to property owners in and outside of the
ERMUlimits within the DWSMA relating to the proper
ERMU,
1
management of wells xx
H
MRWA
$300
Measure 2
Continue to provide tours of the water plant to educate school
children on the importance of WHP, conservation and protection.
1ERMU
Educate the Energy City tour groups on WHP and water topics to xxx
M
$300
globalize water protection information.
Measure 3
In the next two years, create and present a mobile display for
agencies around the DWSMA in order to educate the public
1ERMU
visually. Example locations: YMCA, City Library, Elk River xx
H
$650
Municipal Unities and City offices, Senior Activity Center.
Measure 4
In the next year, we will take footage of a local well sealing and
create a video presentation to display on ERMU website, You
1ERMU
x
M
$300
maintenance and well sealing cost-share availability
Measure 5
Keep local city channel (Channel 12) ERTV12 well and water
6
footage up to date with any changes in DWSMA area. Currently
00
Ldemonstrate: Water system incite, water meter change outs 1ERMU
xx
$1
details, wellhead protection importance, water
Measure
conservation/SMART irrigation information, etc.
Annually mail Consumer Confidence Reports so citizens are
7
aware of the water quality
1ERMU
H
Annually
$800
Measure
Contact Sherburne County annually to see what monies are
8
available through the county for education and well sealing
1ERMU
H
Annually
Staff time
Measure
14
408
Public Education and Outreach Continued
Implementation time frame
ERMU
Action Alone
Unless
Description
Cost
Cooperator is
Priority
Objective
Addressed
2013201420152016201720182019202020212022
Noted
Measure
Present Kids themed information on WHP/water conservation for
Earth Day school visit and other kid activity days with schools,
1ERMU xxx
H
$550
additional audiences each year to reach a variable age range
Measure 9
ERMU, City , and Sherburne SWCD will conduct MDH nitrate
well water testing clinicERMU
CITY
1
x
H
SWCD
$2,000
MDH
Measure 10
Distribute and post educational materials related to the
maintenance of above and below ground storage tanks to property
4ERMU
xx
Howners with tanks as it relates to the protection of the ERMU
$2,200
drinking water supply. Place information on website immediately.
Measure 11
Potential Contamination Source Management
ERMUImplementation time frame
Action Alone
Unless
Description
Cost
Cooperator is
2013201420152016201720182019202020212022
Priority
Measure
Objective
Addressed
Noted
There are known wells on the PCSI inventorywithout complete
2
1
data fields. ERMU
names, addresses, parcel identification numbers, status of wells or
2ERMU
H x
$900
other applicable information on the wells in order to complete the
Measure PCSI
The ERMUwill apply for grant funds to help seal unused wells
3
1
located in the DWSMA. If they are successful they will use the
ERMU,
money to seal the wells. If unsuccessful they will work
2
H x
MDH, SWCD
cooperatively with the local units of government to provide as
$40,000
Measure much cost share as possible to help seal wells
15
409
Provide an on-site visit to the property with the tanks identified
during the inventory, that is within the 1 year time of travel to
provide the property owner with a map of the DWSMA and
4ERMU
H x
information about tank maintenance as it relates to the protection
$1,000
Measure 14of the ERMU drinking water supply
Notify MDH if a Class V well is identified and provide
5
management materials to the Class V well owner
2ERMU
M
As Occurs
Staff time
Measure 1
Land Use Management
ERMU
Action Alone
Implementation time frame
Unless
Cooperator is
Noted
Description
Cost
Priority
Measure
2013201420152016201720182019202020212022
Objective Addressed
Meet with Sherburne County SWCD to discuss areas where they
can work cooperatively on water and land use management issues
ERMU,
with the DWSMA and on grant funding.
2
M
Annually
SWCD
Staff Time
Measure 16
Work with all entities involved in the DWSMA on land use issues.
ERMU,
SWCD,
2Sherburne Co.
M
As Needed
Planning
Staff Time
Measure 17
/Zoning
Meet with Elk River Planning and Zoning to incorporate the map
in the city land use and incorporate the WHP Plan into the city
Comprehensive Plan
2ERMU
H x
Staff Time
Measure 18
16
410
Data Collection
ERMUImplementation time frame
Action Alone
Unless
Description
Cooperator is
Cost
2013201420152016201720182019202020212022
Priority
Measure
Noted
Objective
Addressed
Have Well #5 sampled for stable isotopes of oxygen (180) and
deuterium (2H) and several general chemistry parameters on water
9
produced to assess the degree to which surface waters may be
1
contributing to the well. Have MDH staff and MDH hydro ERMU,
3
x
M
geologist assist in the collection and evaluation of the sampling of MDH
Staff Time
surface waters up-gradient of Well #5 as needed. Apply for a
Measure
SWP grant to help pay associated costs.Contact MDH as to
availability of grant Programs
Evaluate reasons for younger water being produced at Well #5.
Evaluate the downward groundwater leakage from shallower
ERMU,
aquifers and overlying surface bodies into the Mount Simon-
3
x
M
MDH
Hinckley aquifer.
Measure 20
IWMZ Management
ERMUImplementation time frame
Action Alone
ive
Unless
Description
Cost
Cooperator is
2013201420152016201720182019202020212022
Priority
Measure
Object
Addressed
Noted
Implement measures that are specified in the IWMZ PCSI report
21
5ERMU
M
Annually
Staff Time
Measure
Monitor and maintain the 200 ft. radius around the wells to ensure
22
that setback distances for new potential contamination sources are
re
met.
5ERMU
M
Annually
Staff Time
Measu
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411
Assist MDH staff in updating the IWMZ inventory for the public
23
water supply wells. Contact your MDH Planner if changes to the
locations or construction of potential contaminant sources are
L5ERMU, MDH
x
proposed in the IWMZ.
Staff Time
Measure
Develop policies and procedures for an Emergency Water Plan
dealing with derailment as to the proximity of the Railroad and
Hwy #10 to Wells # 2 and Well #3
H5ERMU x
Staff Time
Measure 24
Reporting and Evaluation
ERMUImplementation time frame
Action Alone
Unless
Description
Cooperator is
Cost
2013201420152016201720182019202020212022
Priority
Measure
Noted
Objective
Addressed
Document all wells that have been sealed by keeping track of the
5
2
property owners name, address and parcel number of the well
location, and share with Sherburne County. If possible, request a
4ERMU
M
As Needed
well sealing log from the property owner or well driller who
Staff Time
sealed the well.
Measure
Prepare an assessment of WHP plan implementation efforts every
6
2
2 ½ years.Request assistance from MDH Planner and MRWA.
ERMU,
L
4MDH,
xxx
MRWA
Staff Time
Measure
Summarize all WHP Plan implementation efforts in a report to
7
th
MDH in the 8year.
ERMU,
L4MDH,
x
MRWA
Staff Time
Measure 2
18
412
Water Use and Contingency Strategy
ERMUImplementation time frame
Action Alone
Unless
rity
Description
Cooperator is
Cost
2013201420152016201720182019202020212022
Prio
Measure
Noted
Objective
Addressed
Review and update the Water Supply and Management Plan every
8
2
2 ½ years.
L6ERMU
xxx
Staff Time
Measure
Make entire ERMU and City staff aware of the Contingency Plan.
9
Where it is located and how to use it.
6ERMU
M
Annually
Staff Time
Measure 2
9.4 Commitments from cooperators The following agencies that are listed in Table 10 have
indicated that they will support the Public Water Supplier with the implementing the WHP
measure(s) in which they are identified.
Table 10 - Cooperating Agencies List
Agency Name Measure NumberActions Agency Will Take
Measure Number
10,13,18,19,20,23,26,27
Minnesota Department of Technical Assistance and WHP Rule
Health(MDH)
17
Sherburne County Technical Assistance and Land Use and Zoning
Planning and ZoningOversight.
1,10,13,16,17
Sherburne County SWCDTechnical Assistance with well sealing, grant
administration and Water Plan Coordination.
1,2,26,27
Minnesota Rural Water Technical Assistance with WHP plan writing and
Association (MRWA)implementation.
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,
ERMUCity of Elk River Elk River Municipal Utilities
Staff
17,18,19,20,21,22,23,24,25,26,27,28,29
Chapter 10 - Evaluation Program
Plan evaluation is specified under objective 4and provides the mechanism for determining
whether WHP action items are achieving the intended result or whether they need to be modified
to address changing administrative, technical, or financial resource conditions within the
DWSMA. Evaluation is used to support plan implementation and is required under MR
4720.5270 prior to amending the ERMUThe ERMUhas identified the following
procedures that it will use to evaluate the success with implementing its WHP plan.
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413
1.A annual briefing to the ERMU council will provide the basis for documenting whether
each action step for that year was implemented;
2.The WHP team will meet at a minimum every two and one half years to assess the status
of plan implementation and to identify issues that impact implementation of action steps
throughout the DWSMA;
3.The ERMU will assess the results of each action item that has been taken annually to
determine whether the action item has accomplished its purpose or whether modification
is needed. Assessment results will be presented in the annual report to the ERMU
council.
4.The ERMUwill prepare a written report that documents how it has assessed plan
implementation and the action items that were carried out. The report will be presented
to MDH at the first scoping meeting that it will hold with the ERMU to begin amending
the WHP plan.
Chapter 11 - Contingency Strategy
The WHP plan must include a contingency strategy that addresses disruption of the water supply
that is caused either by contamination or mechanical failure. The ERMU has a water supply plan
in effect that was approved by the Minnesota Department of Natural Resources and it fulfills the
contingency planning requirements for wellhead protection. A copy of this plan is available for
public review during regular business hours at the ERMU offices and is referenced in this
section.
Chapter 12 - Glossary of Terms
Conjunctive Delineation means a WHP area that is defined by two components consisting of 1)
the capture zone for a well that is based on generating flow path lines within the subsurface
area(s) of contribution and 2) a surface area that may contribute recharge to the capture zone.
Data Element means a specific type of information that is required by the Minnesota
Department of Health to prepare a wellhead protection plan.
Drinking Water Supply Management Area (DWSMA)means the surface and subsurface
areas surrounding a public water supply well, including the WHP area, that must be managed by
the entity identified in the WHP plan. (MR4720.5100, subpart 13). This area is delineated using
identifiable landmarks that reflect the scientifically calculated WHPA boundaries as closely as
possible.
Emergency Response Area (ERA)means the part of the WHP area that is defined by a one-
year time of travel within the aquifer that is used by the public water supply well (MR4720.5250,
Subpart 3). It is used to set priorities for managing potential contamination sources within the
DWSMA.
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414
Emergency Standby Wellmeans a well that is pumped by a public water supply system only
during emergencies such as when an adequate water supply cannot be achieved because one or
more primary or seasonal water supply well cannot be used.
Inner Wellhead Management Zone (IWMZ)means the land that is within 200 feet of a public
water supply well (MR4720.5100, subpart 19). The public water supplier must manage the
IWMZ to help protect it from sources of pathogen or chemical contamination that may cause an
acute health effect.
Non-point Source Contaminationrefers to contamination of the drinking water aquifer that is
caused by polluted runoff or pollution sources that cannot be attributed to a well-defined origin,
e.g., runoff from agricultural fields, feedlots or urban areas.
Point Source Contamination refers to contamination of the drinking water aquifer that is
attributed to pollution arising from a well-defined origin, such as discharge from a leaking fuel
tank, a solid waste disposal site, or an improperly constructed or sealed well.
Primary Water Supply Wellmeans a well that is regularly pumped by a public water supply
system to provide drinking water.
Seasonal Water Supply Well means a well that is only used to provide drinking water during
certain times of the year either when pumping demand cannot be met by the primary water
supply well(s) or for a facility, such as a resort, that is closed to the public on a seasonal basis.
Vulnerabilityrefers to the likelihood that one or more contaminants of human origin may enter
either 1) a water supply well that is used by the public water supplier or 2) an aquifer that is a
source of public drinking water.
WHP Area (WHPA) is the surface and subsurface area surrounding a well or well field that
supplies a public water system, through which contaminants are likely to move toward and reach
the well or well field (Minnesota Statutes, Part 103I.005, subdivision 24).
WHP Plan Goal means an overall outcome of implementing the WHP plan, e.g., Providing for a
safe and adequate drinking water supply.
WHP Measure means a method adopted and implemented by a public water supplier to prevent
contamination of a public water supply, and approved by the Minnesota Department of Health
under Minnesota Rules parts 4720.5110 to 4720.5590.
WHP Plan Objective means a capability that is needed to achieve one or more WHP goals, e.g.,
implementing WHP measures to address high priority potential contamination sources within 5
years.
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415
Chapter 13 - List of Acronyms
List of Acronyms
DWSMA - Drinking Water Supply Management Area
ERA - Emergency Response Area
ERMU - Elk River Municipal Utilities
IWMZ - Inner Wellhead Management Zone
LUG - Local Unit of Government
MDH - Minnesota Department of Health
MRWA - Minnesota Rural Water Association
SWCD - Soil and Water Conservation District
SWPA - Source Water Protection Area
WHP - Wellhead Protection
WHPA - Wellhead Protection Area
Chapter 14 References
22
416
Chapter 15 FIGURES
Figure 1: Regional Location Map
Figure 2: ERMU Municipal Well Location Map
Figure 3: Groundwater Flow Field
Figure 4: Groundwater Flow Field
Figure 5: Wellhead Protection Areas
Figure 6: Drinking Water Supply Management Area
Figure 7: ERMU DWSMA
Figure 8: Surficial Geology of the DWSMA
Figure 9: DWSMA Vulnerability
Figure 10: Sherburne County Map
Figure 11: Anoka County Map
Figure 12: Wright County Map
Figure 13: Otsego City Map
Figure 14: Elk River Land Use Map
Figure 15: Elk River Zoning Map
Figure 16: Well 5 IWHPZ Map
Figure 17: Well 5 Sewers/Sanitary Map
23
417
Figure 1: Regional Location Map
24
418
Figure 2: ERMU Municipal Well Location Map
25
419
Figure 3: Groundwater Flow Field
26
420
Figure 4: Groundwater Flow Field
27
421
Figure 5: Wellhead Protection Areas
28
422
Figure 6: Drinking Water Supply Management Area
29
423
Figure 7: ERMU DWSMA
30
424
Figure 8: Surficial Geology of the DWSMA
31
425
Figure 9: DWSMA Vulnerability
32
426
Figure 10 Sherburne County Map
33
427
Figure 11 Anoka County Map
34
428
Figure 12 Wright County
35
429
Figure 13 Ostego City
36
430
Figure 14 Elk River Land Use Map
37
431
Figure 15Elk River Zoning Map
38
432
Figure 16 Well 5 IWHPZ
39
433
Figure 17 Well 5 Sewer/Sanitary
40
434
APPENDIX I
Well Head Protection Plan Part 1
41
435
42
436
43
437
44
438
45
439
46
440
47
441
48
442
49
443
50
444
51
445
52
446
53
447
54
448
55
449
56
450
57
451
58
452
59
453
60
454
61
455
62
456
63
457
64
458
APPENDIX II
Inventory of Potential Contamination Sources
**A large map is available at ERMU for review**
65
459
66
460
67
461
68
462
69
463
70
464
71
465
72
466
73
467
74
468
75
469
76
470
77
471
78
472
79
473
80
474
81
475
82
476
83
477
84
478
85
479
86
480
87
481
88
482
89
483
90
484
91
485
92
486
93
487
94
488
95
489
96
490
97
491
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492
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493
100
494
101
495
102
496
103
497
104
498
105
499
106
500
107
501
108
502
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507
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508
115
509
116
510
117
511
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512
119
513
120
514
121
515
122
516
123
517
APPENDIX III
DNR Water Supply Plan Approval Letter
**Water Supply Plan is available at ERMU for review**
124
518
125
519
APPENDIX IV
Ordinance Chapter 78
**Connection to Water System**
126
520
DIVISION 2. -CONNECTION TO WATER SYSTEM
Sec. 78-21. -Connection required.
Sec. 78-22. -Notice to connect; installation of connection bycity.
Sec. 78-23. -Location of and access to stop valves.
Sec. 78-24. -Location of and access to meters.
Sec. 78-25. -Disconnection from water system.
Sec. 78-26. -Private wells for domestic use.
Secs. 78-2778-30. -Reserved.
Sec. 78-21. -Connection required.
The following buildings shall be required to be connected to the city water utility:
(1)All buildings connected to the water utility on the date of adoption of the ordinance from
which this article is derived shall remain connected to the water utility for so long as the building is
occupied or used for any purpose.
(2)All buildings constructed after such date on property to which water utility service is available
at the time a certificate of occupancy is issued for the building shall be required to connect to the
water utility prior to occupancy.
(3)All buildings constructed after such date on property to which water utility service becomes
available following legal occupancy of the building shall be required to connect to the water utility
as follows:
a.All residential buildings with one or two residential units shall be required to connect to
the water utility within two years from the date water utility service becomes available to the
property or the date the property is assessed for water utility improvements, whichever is
later.
b.All other buildings shall be required to connect to the water utility within 90 days from
the date water utility service becomes available to the property.
(4)All buildings existing on the date of adoption of the ordinance from which this article is
derived on property to which water utility service becomes available after such date shall be
required to be connected to the water utility as follows:
a.All residential buildings with one or two residential units shall be required to connect to
the water utility within two years from the date water utility service becomes available to the
property or the date the property is assessed for water utility improvements, whichever is
later.
b.All other buildings shall be required to connect to the water utility within 90 days from
the date water utility service becomes available to the property.
(5)All buildings existing on the date of adoption of the ordinance from which this article is
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521
derived on property to which water utility service is available but which has not
been assessed for water utility improvements shall be required to connect to the
water utility as follows:
a. All residential buildings with one or two residential units shall be required
to connect to the water utility within two years from the date water utility
service becomes available to the property or the property is assessed for
water utility improvements, whichever is later.
b. All other buildings shall be required to connect to the water utility within 90
days from the date water utility service becomes available to the property.
(6) All buildings existing on the date of adoption of the ordinance from which this
article is derived on property to which water utility service is available and which
has been assessed for water utility improvements, but which are not connected to
the water utility, shall be required to connect to the water utility as follows:
a. All residential buildings with one or two residential units shall not be
required to connect to the water utility unless and until the city council
determines on a case-by-case basis that connection to the water utility is
necessary to protect the public health, safety and welfare or to otherwise
comply with applicable law.
b. All other buildings shall be required to connect to the water utility within
two years of the date of adoption of the ordinance from which this article is
derived.
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-22. - Notice to connect; installation of connection by city.
The owner of any building required by section 78-21 to be connected to the city water
utility shall cause the building to be connected to the water utility at the owner's expense
as required. If connections to the water utility are not being made pursuant to this
section, the city shall serve written notice on the affected property owner stating that if
connection is not made within 90 days after the date of the notice, the connection will be
made by the city at the expense of the owner and that, if unpaid, the charge for such
work will be made a special assessment against the property concerned. Such
assessment, including interest at the legal rate for local improvements, shall be certified
to the county auditor and collected and remitted to the city in the same manner as
assessments for local improvements. The rights of the city under this section shall be in
addition to other remedial or enforcement rights provided by this Code or other
applicable law.
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-23. - Location of and access to stop valves.
All water service lines connecting a building to the facilities of the water utility shall have
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a stop valve installed. The stop valve shall meet specifications established from time to
time by the city department of public works. The stop valve shall be located in the public
right-of-way immediately adjacent to or in the curb, unless another location is approved
in writing by the department of public works. The property owner shall not remove,
obstruct or cover the stop valve in any way, including by covering it with soil,
landscaping, concrete or asphalt.
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-24. - Location of and access to meters.
Water meters shall be installed and located as required by applicable building codes
and ERMU rules and regulations. Property owners shall provide ERMU with access to
water meters for the purposes of reading, checking, repairing or replacing meters.
ERMU shall give written notice to property owner when it needs to access a meter. If no
response to the notice is received within 30 days, ERMU shall give a second notice
advising that water service will be shut-off if there is no response within 15 days. If there
is no response, ERMU shall inspect the property to see if it is vacant and shall post a
notice on the property that water service will be shut-off in 15 days unless access is
provided to the meter within that time period. If no response is received, ERMU may
shut off water service to the property no earlier than 15 days from the date of the posted
notice, pursuant to the shut-off procedures set forth in section 78-32, and may recover
its costs as provided in section 78-33.
(Ord. No. 09-02, § 1, 3-2-2009)
Sec. 78-25. - Disconnection from water system.
(a) Except in emergency situations or as provided in division 3 below, no building shall
be disconnected from the water system without the prior written approval of ERMU, and
no approval shall be granted to disconnect any building which is occupied or used for
any purpose. Requests to disconnect from the water system shall be accompanied by a
certification from the owner of the property that the building is vacant and unused for
any purpose.
(b) If ERMU grants approval for a property to be disconnected from the water service,
it shall be the property owner's responsibility to have the water service shut off at the
stop-valve by a licensed plumber. ERMU will assist in locating the stop-valve if
requested.
(c) Temporary, emergency disconnections are allowed, provided that ERMU is advised
as soon as is practical of the emergency and the schedule for reconnecting the building
to the water system.
(d) ERMU may establish fees to review and approve requests to disconnect from the
water service, and shall be entitled to recover all of its costs to assist in disconnections,
including emergency disconnections, as provided in 78-33 below.
(Ord. No. 09-02, § 1, 3-2-2009)
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Sec. 78-26. - Private Wells for domestic use.
(a) The installation of new private wells for domestic use on any property to which city
water utility service is available, other than wells which serve a single buildable lot (as
defined in this Code), is prohibited, subject to the exceptions set forth in subsection 78-
26(c).
(b) Private wells for domestic use in existence on October 18, 2010, and private wells
for domestic use installed subsequent to October 18, 2010, on properties to which city
water utility service is not available at the time of installation, may remain in use
provided they comply with all applicable regulations, including but not limited to 42
USCS § 300f300j-26 and Minn. Stats. §§ 144.381 to 144.387.
(c) "Private wells for domestic use" shall mean any well not owned by the city water
utility which is drilled or installed for potable water or irrigation purposes. "Private Wells
for domestic use" shall not include wells drilled for such purposes as dewatering,
groundwater monitoring, heating or cooling, elevator borings or environmental bore
holes.
(Ord. No. 10-21, § 1, 10-18-2010)
Secs. 78-2778-30. - Reserved.
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