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6.6. ERMUSR 04-17-2008~j Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 April 7, 2008 To: Elk River Municipal Utilities Commission Jerry Takle John Dietz Jerry Gumphrey From: Bryan Adams Subject: Cogeneration Agreement Phone: 763.441.2020 Fax: 763.441.8099 We have a couple of small electric generators on our system that operate intermittently. As the renewable energy fad becomes more popular with other technologies, we will see more of the smaller electric generators on our system. The Public Utilities Commission (PUC) has developed a uniform statewide contract for small cogeneration projects less than. 40KW that utilizes net metering. Although the Elk River Municipal Utilities does not fall under the PUC guidelines, we should have a contract f`or such applications. The attached contract is the PUC contract with minor corrections including Elk River Municipal Utilities Commission substituted for Public Utilities Commission. Staff recommends adoption of this blanket agreement. ELK RIVER MUNICIPAL UTILITY CONTRACT FOR COGENERATION AND SMALL POWER LESS THAN 40 KW This form is for the uniform statewide contract for use between a utility and cogeneration and small power production facilities having less than 40 kilowatts of capacity is as follows: UNIFORM STATEWIDE CONTRACT FOR COGENERATION AND SMALL POWER LESS THAN 40 K.W. PRODUCTION FACILITIES THIS CONTRACT is entered into Municipal Utilities "Utility") and (hereafter called "QF"). RECITALS The QF has installed electric generating facilities, consisting of by Elk River (hereafter called (Description of facilities), rated at less than 40 kilowatts of electricity, on property located at The QF is prepared to generate electricity in parallel with the Utility. The QF's electric generating facilities meet the requirements of the Minnesota Public Utilities Commission (hereafter called "Commission") rules on Cogeneration and Small Power Production and any technical standards for interconnection the Utility has established that are authorized by those rules. A contract between the QF and the Utility is required by the Elk River Municipal Utilities Commission's rules. 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 for the class of customer to which the QF belongs with the Commission. The QF has elected the rate schedule category hereinafter indicated (select one): a. Net energy billing rate. b. Simultaneous purchase and sale billing rate. c. Time-of--day purchase rates. A copy of the current 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 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 will be made under one of the following options as chosen by the QF: 1. Credit to the QF's account with the Utility. 2. Paid by check to the QF within 15 days of the billing date. 5. The QF must operate its electric generating facilities within any rules, regulations, and policies adopted by the Utility on Cogeneration and Small Power Production which provide reasonable technical connection and operating specifications for the QF. 6. 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. Particular attention shall be given where voltage on the utility side of the meter drops below nominal voltage, QF equipment shall automatically disconnect from utility. 7. The QF is responsible for the actual, reasonable costs of interconnection including any special metering which are estimated to be $ .The QF will pay the Utility in this way: 8. 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. 9. 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. 10. 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 will notify the QF before it stops purchasing electricity in this way: 11. The QF will 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 will be $ (The utility may not require an amount greater than $300,000). 12. 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 30 days after notice is given. 13. This contract contains all the agreements made between the QF and the Utility except that this contract shall at all times be subject to all rules and orders issued by the Elk River Municipal Utilities Commission or other government agency having jurisdiction over the subject matter of this contract. The QF and the Utility are not responsible for any agreements 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 WRITTEN AT THE BEGINNING OF THIS CONTRACT. QF By: (Title) UTILITY By: (Title)