4 Colo. Code Regs. § 723-3-3856

Current through Register Vol. 47, No. 20, October 25, 2024

Section 4 CCR 723-3-3856 - Level 3 Process (Study Process)

This study process shall be used by an interconnection customer proposing to interconnect its interconnection resource with the utility's system if the interconnection resource does not meet the size limitations for the Level 2 Process, is not certified; or, is certified but did not pass the Level 1 Process or Level 2 Process.

(a) Scoping meeting.

(I) A scoping meeting will be held within ten business days after the interconnection request is deemed complete, or as otherwise mutually agreed to by the parties. The utility and the interconnection customer will bring to the meeting personnel, including system engineers and other resources as may be reasonably required to accomplish the purpose of the meeting.

(II) The purpose of the scoping meeting is to discuss the interconnection request. The parties shall further discuss whether the utility should perform a feasibility study or proceed directly to a system impact study, or a facilities study, or an interconnection agreement. If the parties agree that a feasibility study should be performed, the utility shall provide the IC, as soon as possible, but not later than five business days after the scoping meeting, a feasibility study agreement including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the study.

(III) The scoping meeting may be omitted by mutual agreement. In order to remain in consideration for interconnection, an IC who has requested a feasibility study must return the executed feasibility study agreement within 15 business days. If the IC elects not to perform a feasibility study, the utility shall provide the IC, no later than five business days after the scoping meeting, a system impact study agreement including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the study.

(IV) Feasibility studies, scoping studies, and facility studies may be combined or waived for simpler projects by mutual agreement of the utility and the IC. If all such studies are waived, the utility shall provide the IC an executable interconnection agreement within ten business days after the scoping meeting. If the scoping meeting is also omitted by mutual agreement, the utility shall provide the IC an executable interconnection agreement within ten business days after the interconnection request is deemed complete and this Level 2 Process is completed.

(V) If feasibility studies, system impact studies, and facility studies are combined, or required to be completed for a single application, a utility shall perform the combined studies within no more than 90 business days of the date upon which the IC authorizes the utility to proceed with the Level 3 Process.

(VI) Utility must offer a developer the opportunity to pay full fees upfront and proceed straight to the system impact study.

(b) Feasibility study.

(I) Within 30 business days of executing a feasibility study agreement, the utility shall perform a feasibility study. The feasibility study shall identify any potential adverse system impacts that would result from the interconnection of the interconnection resource. At its discretion, the utility may use the Level 2 supplemental review as described in paragraph 3855(d) as the feasibility study.

(II) A deposit of the lesser of 50 percent of the good faith estimated feasibility study costs or earnest money of $1,000 may be required from the interconnection customer.

(III) The scope of and cost responsibilities for the feasibility study are described in the feasibility study agreement.

(IV) If the feasibility study shows no potential for adverse system impacts, the utility shall send the Interconnection Customer a facilities study agreement, including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the study.

(V) If the feasibility study shows the potential for adverse system impacts, the review process shall proceed to the appropriate system impact study(s).

(VI) If no system impact study is required and no facilities study is required for the interconnection resource, the utility shall provide the IC an executable interconnection agreement within five business days after the completion of the feasibility study.

(c) System impact study.

(I) Within 30 business days of executing a system impact study agreement, the utility shall perform a system impact study using the screens set forth below. A system impact study shall identify and detail the electric system impacts that would result if the proposed interconnection resource were interconnected without project modifications or electric system modifications, focusing on the adverse system impacts identified in the feasibility study, or to study potential impacts, including but not limited to those identified in the scoping meeting. A system impact study shall evaluate the impact of the proposed interconnection on the reliability of the electric system.

(II) If no transmission system impact study is required, but potential electric power distribution system adverse system impacts are identified in the scoping meeting or shown in the feasibility study, a distribution system impact study must be performed. The utility shall send the IC a distribution system impact study agreement within 15 business days of transmittal of the feasibility study report, including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the study, or following the scoping meeting if no feasibility study is to be performed.

(III) In instances where the feasibility study or the distribution system impact study shows potential for adverse impacts on the utility's transmission system, within five business days following transmittal of the feasibility study report, the utility shall send the IC a transmission system impact study agreement, including an outline of the transmission-supplied scope of the study and a transmission-supplied non-binding good faith estimate of the cost to perform the study, if such a study is required.

(IV) If a transmission system impact study is not required, but electric power distribution system adverse system impacts are shown by the feasibility study to be possible and no distribution system impact study has been conducted, the utility shall send the IC a distribution system impact study agreement.

(V) If the feasibility study shows no potential for transmission system or distribution system adverse system impacts, the utility shall send the IC either a facilities study agreement, including an outline of the scope of the study and a non binding good faith estimate of the cost to perform the study, or an executable interconnection agreement, as applicable.

(VI) In order to remain under consideration for interconnection, the IC must return executed system impact study agreements, if applicable, within 30 business days.

(VII) A deposit of the good faith estimated costs for each system impact study may be required from the IC.

(VIII) The scope of and cost responsibilities for a system impact study are described in the system impact study agreement.

(IX) Where transmission systems and distribution systems have separate owners, such as is the case with transmission-dependent utilities whether investor-owned or not - the IC may apply to the nearest utility (transmission owner, regional transmission operator, or independent utility) providing transmission service to the transmission-dependent utility to request project coordination. Affected systems shall participate in the study and provide all information necessary to prepare the study.

(X) If no facilities study is required for the interconnection resource, the utility shall provide the IC an executable interconnection agreement within five business days after the completion of the system impact study.

(d) Facilities study.

(I) Within 45 business days of executing an appropriate agreement or contract, the utility shall perform a facilities study. Once the required system impact study(s) is completed, a system impact study report shall be prepared and transmitted to the IC along with a facilities study agreement within five business days, including an outline of the scope of the study and a non-binding good faith estimate of the cost to perform the facilities study. In the case where one or both impact studies are determined to be unnecessary, a notice of the fact shall be transmitted to the IC within the same timeframe.

(II) In order to remain under consideration for interconnection, or, as appropriate, in the utility's interconnection queue, the IC must return the executed facilities study agreement or a request for an extension of time within 30 business days.

(III) The facilities study shall include a detailed list of necessary system upgrades and an overall cost estimate, with the detailed list to indicate types of equipment, labor, operation and maintenance and other evaluated item costs, within the estimate for completing such upgrades, and identify which itemized cost estimates are uncertain and could be exceed by 125 percent if actual upgrades are completed.

(IV) Design for any required interconnection facilities and/or upgrades shall be performed under the facilities study agreement. The utility may contract with consultants to perform activities required under the facilities study agreement.

(V) A deposit of the good faith estimated costs for the facilities study may be required from the IC.

(VI) The scope of and cost responsibilities for the facilities study are described in a facilities study agreement.

(VII) Upon completion of the facilities study, and with the agreement of the IC to pay for interconnection facilities and upgrades identified in the facilities study, the utility shall provide the IC an executable interconnection agreement within five business days.

4 CCR 723-3-3856

38 CR 17, September 10, 2015, effective 9/30/2015

39 CR 06, March 25, 2016, effective 4/14/2016

39 CR 08, April 25, 2016, effective 5/15/2016

40 CR 22, November 25, 2017, effective 12/15/2017

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 07, April 10, 2019, effective 4/30/2019

42 CR 09, May 10, 2019, effective 5/30/2019

43 CR 08, April 25, 2020, effective 5/15/2020

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 20, October 25, 2020, effective 11/14/2020

44 CR 13, July 10, 2021, effective 7/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 02, January 25, 2023, effective 2/14/2023