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2.5b ERMUSR 02-13-2024Iilk] :►Y•]1oAIUs] ►10[QrZA31 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION ADOPTING ELK RIVER MUNCIPAL UTILITIES RULES GOVERNING THE INTERCONNECTION OF COGENERATION AND SMALL POWER PRODUCTION FACILITIES WHEREAS the City of Elk River ("City") is served by Elk River Municipal Utilities ("ERMU"), which is committed to providing customers with reliable and affordable power; and WHEREAS the purpose of the Rules Governing the Interconnection of Cogeneration and Small Power Production Facilities ("Rules") is for ERMU to implement certain provisions of Minnesota Statutes Section 216B.164, the Public Utility Regulatory Policies Act of 1978, and Federal Energy Regulatory Commission regulations related to customer -owned distributed energy resources; and WHEREAS ERMU Commission is now adopting these Rules to replace a previously adopted similar version of these Rules and their accompanying, "Policy Regarding Distributed Energy Resources and Net Metering;" and WHEREAS the original adoption of these Rules established that, in accordance with Minnesota Statutes Section 216B.164, subdivision 9, everywhere in that section, the term "commission" appears, it refers to the ERMU Commission and, so, the ERMU Commission may resolve disputes relating to the provisions of §216B.164 as they apply to ERMU; and WHEREAS these Rules shall be implemented to give the maximum possible encouragement to cogeneration and small power production consistent with protection of the utility's ratepayers and the public in accordance with Minnesota Statutes Section 216B.164, subdivision 1; and WHEREAS these Rules require ERMU to file with the ERMU for its review and approval a cogeneration and small power production tariff and annual updates of the rates described therein; and WHEREAS the cogeneration and small power production tariff includes a calculation of ERMU average retail utility energy rates, and the rates at which ERMU purchases energy and capacity; and WHERAS all filings under these rules shall be maintained at the ERMU offices and shall be made available for public inspection during normal business hours. NOW THEREFORE, BE IT RESOLVED that the Elk River Municipal Utilities Commission adopts the Rules Governing the Interconnection of Cogeneration and Small Power Production Facilities with ERMU attached as Exhibit A to this Resolution. W This Resolution Passed and Adopted this 13th day of February 2024. John Dietz, Chair Mark Hanson, General Manager 63