65-407-324 Me. Code R. § 12

Current through 2024-25, June 19, 2024
Section 407-324-12 - LEVEL 4 SCREENING CRITERIA AND PROCESS: ALL GENERATORS NOT SUBJECT TO FERC JURISDICTION
A.Interconnection Application. The Applicant shall submit a standard application form for Level 4 interconnection. An application for a Level 4 interconnection must include documentation of Site Control for the Facility. Acceptable documentation of Site Control shall include copies of executed agreements (which may be redacted for commercially sensitive information) or recorded memoranda thereof.
1.Site Control Transition. Applicants with an Interconnection Request for a Level 4 interconnection deemed to have been complete before or on December 11, 2019 must submit documentation of Site Control to the T&D Utility within thirty (30) calendar days of such Commission order. The T&D Utility shall evaluate the documentation of Site Control and notify the Applicant within ten (10) Business Days of receipt that the documentation of Site Control has been accepted or rejected. If the T&D Utility rejects the documentation of Site Control, then the Applicant shall have one opportunity to submit additional documentation of Site Control within five (5) Business Days of receiving notice of the T&D Utility's rejection. If the Applicant fails to submit documentation of Site Control as required by this paragraph, then its applicable Interconnection Request shall be deemed withdrawn and will lose its Queue Position. If the T&D Utility does not notify the Applicant within (10) Business Days of receipt that the documentation of Site Control has been accepted or rejected, or prior to commencement of the Impact Study the T&D Utility discovers that the documentation provided did not demonstrate Site Control, then the T&D Utility shall notify the Applicant, and the Applicant shall have five (5) Business Days from receipt of such notice to provide documentation of Site Control.
B.Acknowledgement of Receipt. The T&D Utility shall acknowledge to the Applicant receipt of the Interconnection Application within five (5) Business Days of receipt of the Interconnection application, and application fee, or within five (5) Business Days from the date of transfer from the simplified or expedited interconnection procedures.
C.Notification of Completeness. The T&D Utility shall evaluate the application and notify the Applicant within ten (10) Business Days of receipt that the application is complete or incomplete, including with respect to the required Site Control written documentation. If the application is incomplete, the T & D Utility's notice to the Applicant that the application is incomplete shall include a written list detailing all information that must be provided to complete the application. The Applicant shall provide all of the required information to complete the application within ten (10) Business Days from receipt of the T & D Utility notice, with limited exceptions for system models that the Applicant will use Commercially Reasonable Efforts to obtain from the manufacturer. In no event shall the Applicant take longer than fifteen (15) Business Days from receipt of the T&D Utility notice to provide all information required by the T&D Utility. Within three (3) Business Days of the final deadline for completion of the application, the T&D Utility shall provide notice to the Applicant as to whether or not the application is complete; and if the application is complete, the T & D Utility will assign a queue position based on the date of completed application.
D.Queue Position. The Queue Position of each Interconnection Request will be used to determine the order of interconnection review in those circumstances where one pending interconnection application could affect the analysis of other pending interconnection applications as well as any cost responsibility for the facilities necessary to accommodate the generator interconnection. Queue Position is based on the date of receipt of a completed application. If the Applicant has failed to meet the timelines described below under §§12(C), (E), (I), (J), (L), (O), (Q), and (R), or the Applicant has not responded to T&D Utility written communications for three (3) consecutive months, the T&D Utility will notify Applicant of impending loss of Queue Position. Ten (10) Business Days after this notice, the T&D Utility will remove the Applicant from the Queue if the Applicant does not cure the failure to meet such timelines. An Applicant is considered inactive if the Applicant has ceased communication with the T&D Utility and is not actively working on interconnection requirements.
1.Allowed Modifications to Interconnection Requests. The following modifications are allowed to an Interconnection Request without loss of Queue Position:
a. Prior to the commencement of the Feasibility Study under §12(I) below, a decrease in the MW (AC) nameplate capacity of the ICGF;
b. Prior to the commencement of the Impact Study under §12(J) below, an Applicant may consolidate the capacity of multiple Interconnection Requests for multiple ICGFs if the following conditions are met:
(i) the ICGFs share common ownership and
(ii) the ICGFs have directly dependent Queue Positions;
c. At any time, an In-Kind Modification to the technical parameters associated with the ICGF's technology, that does not increase the AC export capability of the ICGF; and
d. At or within fifteen (15) Business Days after the meeting between Applicant and T&D Utility to review results of either the Feasibility Study under §12(I) below or the Impact Study under §12(L) below, a one-time modification of the interconnection configuration, including an In-Kind Modification, that does not increase the AC export capability of the ICGF, as a result of information from the interconnection study process (including a decrease in the MW (AC) nameplate capacity of the ICGF) or due to non-interconnection circumstances beyond the Applicant's control (including reductions due to permitting requirements or wetlands considerations). If electing this modification, the Applicant shall provide a modified electrical one-line diagram and site plan within fifteen (15) Business Days of the meeting to review Feasibility Study or Impact Study results, and the T & D Utility shall notify the Applicant within ten (10) Business Days of receipt of the modified electrical one-line diagram and site plan if any additional information is needed. If additional information is needed or document corrections are required, the Applicant shall provide the required information or corrections within ten (10) Business Days from receipt of the T & D Utility notice, with limited exceptions for system models that the Applicant will use Commercially Reasonable Efforts to obtain from the manufacturer.

The actual costs to T&D Utility for any necessary re-studies as a result of a modification described in subparagraphs (a)-(d) above shall be paid by Applicant. Such restudies should be limited to the impacts of the modification and shall be billed to the Applicant at cost and not for work previously completed. The T&D Utility shall use Commercially Reasonable Efforts to limit the scope of such re-studies to what is necessary. The timeframes for any re-studies and for any payments associated with any re-studies shall be the same number of days as the timeframes and deadlines for the initial studies set forth in §12 (thereby extending the time periods and deadlines to accommodate re-studies). If an Applicant elects to consolidate Facilities pursuant to subparagraph (b) above, then the allowed modifications under subparagraphs (c) and (d) above shall be allowed with respect to the consolidated Facilities. Termination of any Interconnection Requests consolidated under subparagraph (b) shall be included in the Applicant's allowed one-time modification in subparagraph (d) above without requiring termination of all consolidated Interconnection Requests, and the Applicant may modify the consolidated Interconnection Request(s) at the same time.

E.Initial Review and Scoping Meeting. The T&D Utility will conduct an initial review that includes a scoping meeting/discussion with the Applicant (if necessary) within ten (10) Business Days of sending notice that an Interconnection Application is complete unless (i) otherwise agreed to by the Parties in writing (but in no event shall they agreed to extend the scoping meeting more than twenty (20) Business Days of sending such notice) or (ii) waived in writing by mutual agreement between the Applicant and T&D Utility. If the scoping meeting/discussion does not occur within this ten (10) Business Day period, unless (i) due to the fault or delay of the T&D Utility, (ii) otherwise agreed in writing as stated above, or (iii) due to waiver by mutual agreement, the ICGF will be moved to the end of the Queue. At the scoping meeting the T&D Utility will provide pertinent information such as: the available Fault Current at the proposed location, the existing peak loading on the lines in the general vicinity of the proposed generator, Contingent Upgrades in the general vicinity of the ICGF triggered by earlier-queued Interconnection Requests and known by the T&D Utility at the time of the scoping meeting/discussion, and the configuration of the distribution lines at the proposed Point of Common Coupling. By mutual agreement of the Parties, the Feasibility Study, Impact Study or Facilities Study may be waived.

Upon conclusion of the scoping meeting/discussion, or mutual agreement between the Applicant and the T&D Utility to waive the scoping meeting, Applicant shall have ten (10) Business Days to determine which study it wants to proceed with and submit any Application corrections requested by the T & D Utility.

Upon selection of the applicable study, the T & D Utility shall have five (5) Business Days to issue the study agreement and request any final information applicable to the type of study selected, and fifteen (15) Business Days to provide a cost estimate for the study.

Upon receipt of both the applicable study agreement and the cost estimate for the study, the Applicant shall have ten (10) Business Days to return the signed study agreement, study deposit, and requested information to the T & D Utility with limited exceptions for system models that the Applicant will use Commercially Reasonable Efforts to obtain from the manufacturer.

F.Contingent Upgrades. The T&D Utility shall identify Contingent Upgrades at the scoping meeting/discussion if available, and otherwise before the execution of the Interconnection Agreement. Contingent Upgrades that are identified during the evaluation of the Interconnection Request shall be documented in the Impact Study report (if applicable) and the Interconnection Agreement. The T&D Utility shall also provide, upon request of the Applicant, the estimated Interconnection Facility and/or Distribution Upgrades costs and estimated construction schedule for each Contingent Upgrade when this information becomes available.
G.Cost Sharing. The T & D Utility may collect payments for Contingent Upgrades in advance of expenditures for Contingent Upgrades. The Interconnection Customer shall only be responsible for paying for that portion of the interconnection costs resulting solely from the Interconnection Facilities or Distribution Upgrades required to allow for safe, reliable parallel operation of the ICGF with the T&D Distribution System; provided, however, the T&D Utility may only charge an Interconnection Customer for the Interconnection Facilities or Distribution Upgrades specifically necessary for and directly related to the ICGF. Such upgrades may include transformers, distance for express feeders, reconductoring upgrades, and similar upgrades. To the extent that later-queued ICGFs benefit from Contingent Upgrades (i) that were paid for by earlier-queued Interconnection Customers and (ii) for which the good faith estimate of costs is in excess of $200,000, the T&D Utility will identify a prorated portion of the cost responsibility in each Interconnection Agreement for later-queued Interconnection Customers. If the Generating Capacity of the ICGF is less than 250 kilowatts, the Applicant may elect in writing to not participate in cost sharing. The T&D Utility will assess a prorated portion of the costs to each Interconnection Customer benefitting from the Contingent Upgrade and credit earlier-queued Customers once projects lower in the queue become operational (that is, payments are firm only when projects are operational), except in instances where the ICGF's Generating Capacity is less than 250 kilowatts and the Interconnection Customer has elected in writing not to participate in cost sharing. The share of the costs paid by Interconnection Customers shall be calculated by the T&D Utility as the ratio of the total upgrade cost to the total AC watts that the Contingent Upgrade serves. The ratio shall also include the ratio of distance utilized by an ICGF to the total distance of the upgrade, where the Contingent Upgrade is reconductoring or a line extension. Assessments of prorated costs for Contingent Upgrades shall occur until the earlier of (i) ten years from the Effective Date of the earliest affected Interconnection Customer's Interconnection Agreement, (ii) the prorated amount of cost sharing is $100,000 or less for each affected Interconnection Customer or (iii) until the capacity of Contingent Upgrade is used up. The T&D Utility shall administer the allocation process and track the payments among contributing projects. The T&D Utilities are authorized to collect from Applicants a fee based on actual administrative costs of T&D Utility for processing such cost sharing reimbursement.

When an Applicant withdraws or abandons an Interconnection Request, the T&D Utility may reconcile administrative expenses incurred for cost sharing at cost. When an Applicant withdraws or abandons an earlier-queued Interconnection Request subject to a Contingent Upgrade, an Applicant with a later-queued Interconnection Request may request a restudy to potentially avoid paying for Contingent Upgrades upon which the withdrawn or abandoned Interconnection Request was dependent. Such restudy may affect the timing of studies for Interconnection Requests queued behind the restudied Interconnection Request T&D Utility shall use Commercially Reasonable Efforts to minimize the restudy time.

The following assumptions and principles apply to cost:

Interconnection Requests will be studied in a quasi-sequential manner, i.e., each Interconnection Request is studied after the previous Interconnection Request has been studied. Contingent Upgrades, when identified by an Impact Study or Facilities Study, will be recorded and tracked by the T&D Utility. T&D Utility will provide information on Contingent Upgrade costs, and the estimated share and allocation by Queue Position as such information becomes known (at scoping meeting/discussion if available, and during the study process at the latest). The T&D Utility shall provide the above information to all dependent Interconnection Requests in the Queue behind the Interconnection Request that triggered the Contingent Upgrade(s) at the scoping meeting/discussion (if available) and when a dependent Interconnection Request in the Queue withdraws, is abandoned, or becomes operational. Contingent Upgrade costs will be recorded at the time of the first Impact Study or Facilities Study, whichever is earlier, for future cost sharing purposes.
H.Feasibility Study. The Feasibility Study shall provide a preliminary review of short circuit currents, including contribution from the proposed ICGF, and coordination and potential overloading of distribution circuit protection devices. Provided there are no violations in the Feasibility Study, the Parties may waive the Impact Study and the T&D Utility shall send an executable Interconnection Agreement to the Applicant pursuant to Section 12(R).
I.Feasibility Study Completion. The T&D Utility shall have twenty-five (25) Business Days to complete the Feasibility Study and request a meeting to discuss results.

The T&D Utility and Applicant shall meet within ten (10) Business Days of the T&D Utility's completion of the Feasibility Study to discuss the Feasibility Study results, unless such a meeting is waived in writing by the Applicant. The study results meeting will include representatives of the Applicant and T&D Utility planning engineers to discuss any system modifications required to interconnect the ICGF. When feasibility analysis identifies Substantial System Modifications, the T&D Utility will notify the Applicant and share the assumptions and technical thresholds that trigger such upgrades or facilities. A one-time modification to the ICGF is permitted in accordance with §12(D)(1)(d).

The Applicant may request at the study results meeting that the T&D Utility provide additional information from the Feasibility Study that is readily available to the T&D Utility but not reflected in the Feasibility Study report. The T&D Utility shall respond to all requests for information within five (5) Business Days of the study results meeting. Within fifteen (15) Business Days after the results meeting the Applicant must state its intent to proceed with the Interconnection Agreement (if applicable), Impact Study, or request a one-time modification to the ICGF permitted in accordance with §12(D)(1)(d).

J.Impact Study

If the Applicant states its intent to proceed with the Impact Study, the T&D Utility shall provide an Impact Study Agreement within five (5) Business Days of receipt of Applicant's notification, the Feasibility Study results meeting (if applicable), or the completion of the Feasibility Study if applicable and the results meeting has been waived. The T&D Utility shall provide a cost estimate for the Impact Study within fifteen (15) Business Days of the Applicant stating its intent to proceed with the Impact Study. Where the proposed interconnection may affect electric transmission or distribution systems other than that of the T&D Utility where the interconnection is proposed or may have a significant effect on the stability, reliability, or operating characteristics of the T&D Utility's transmission facilities, the transmission facilities of another transmission owner, or the system of another ISO-NE market participant, the T&D Utility shall notify the Applicant that a review process must be initiated by filing a generator notification or other applicable form with the applicable RTO or other transmission provider in accordance with RTO or FERC rules. Applicant shall have ten (10) Business Days from receiving the Impact Study Agreement and cost estimates to return the executed Impact Study Agreement, study deposit and requested information to the Utility, with limited exceptions for system models that the Applicant will use Commercially Reasonable Efforts to obtain from the manufacturer.

If no Impact Study is required and the Applicant states its intent to proceed with the Interconnection Agreement, the T&D Utility shall have ten (10) Business Days to issue an Interconnection Agreement. If the Generating Capacity of the ICGF is less than 250 kilowatts and the Applicant has elected not to participate in cost sharing, the Applicant must notify the T&D Utility prior to requesting an Interconnection Agreement.

K.Description of Impact Studies. Each T&D Utility shall include in its Terms and Conditions a description of the elements of an impact study it would typically undertake pursuant to this section, including:
1. Load-Flow Study
2. Short-Circuit Study
3. Circuit Protection and Coordination Study
4. Impact on System Operation
5. Stability Study (and the conditions that would justify including this element in the Impact Study)
6. Voltage-Collapse Study (and the conditions that would justify including this element in the Impact Study).
L.Start of Impact Study. Once the Applicant executes the Impact Study Agreement and pays to T&D Utility the deposit contained therein, the T&D Utility shall complete the Impact Study within forty-five (45) Business Days, or within thirty (30) Business Days if a Feasibility Study was previously completed for the ICGF. When impact analysis identifies Substantial System Modifications the T&D Utility will notify the Applicant and share the assumptions and technical thresholds that trigger such upgrades and facilities. A modification to the ICGF to mitigate the need for system modifications is permitted under §12(D)(1)(d). The T&D Utility and Applicant shall meet within ten (10) Business Days of the completion of the Impact Study to discuss study results. The study results meeting will include representatives of the Applicant and T&D Utility planning engineers to discuss any system modifications required to interconnect the ICGF. The T&D Utility shall respond to all requests for information within five (5) Business Days. Within fifteen (15) Business Days after the results meeting the Applicant must state its intent to proceed with an Interconnection Agreement (if applicable), Facilities Study, or request modifications to the ICGF permitted under §12(D)(1)(d) in order to mitigate the need for system modifications. If the Applicant states its intent to proceed with the Interconnection Agreement, the T&D utility shall have ten (10) Business Days to issue an Interconnection Agreement.
M.Minor System Modifications. If upon completion of the Impact Study, the T&D Utility determines that the system modifications required to accommodate the proposed interconnection are Minor System Modifications, the Impact Study shall identify the scope and cost of the modifications as defined in the Impact Study results and no Facilities Study shall be required. If no Facilities Study is required, the T&D Utility shall send an executable Interconnection Agreement to the Applicant pursuant to §12(L).

Notwithstanding the results of the Impact Study, including such failures with or without any Minor System Modifications, the utility, at its sole option, may approve the interconnection provided such approval is consistent with safety, reliability, and power quality, and provided that the Applicant pays all interconnection costs.

N.Substantial System Modifications. If the T&D Utility determines through the Impact Study that the system modifications to its system are substantial, the results of the Impact Study shall notify the Applicant in the Impact Study and include a good faith estimate of the cost of the system modifications, which the T&D Utility should endeavor to estimate with +/- 25%. The T&D Utility will also include, to the extent known, the good faith cost estimate and schedule of Contingent Upgrades. The detailed system modifications, and more accurate costs of the modifications necessary to interconnect the ICGF shall be identified in the Facilities Study to be completed by the T&D Utility.
O.Facilities Study Agreement. If elected by the Applicant, a Facilities Study Agreement, with a good faith estimate of the cost of completing the Facilities Study, shall be provided to the Applicant for the Applicant's approval within ten (10) Business Days. The Applicant shall return the executed Facilities Study Agreement, the deposit, and the required information to complete the Facilities Study, with limited exceptions for system models that the Applicant will use Commercially Reasonable Efforts to obtain from the manufacturer, within ten (10) Business Days of receiving the Facilities Study Agreement.
P.Start of Facilities Study. Once the Applicant executes the Facilities Study Agreement and pays the deposit pursuant to the terms thereof, the T&D Utility shall conduct the Facilities Study within forty-five (45) Business Days
Q.Notice of Facilities Study Completion. The T&D Utility and Applicant shall meet within ten (10) Business Days of the completion of the Facilities Study to discuss study results. The study results meeting will include representatives of the Applicant and T&D Utility planning engineers to discuss any system modifications required to interconnect the ICGF. The T&D Utility shall respond to all requests for information within five (5) Business Days. Within fifteen (15) Business Days after the results meeting the Applicant must state its intent to proceed with an Interconnection Agreement or request modifications to the ICGF permitted under §12(D)(1)(d) in order to mitigate the need for system modifications. If the Applicant states its intent to proceed with the Interconnection Agreement, the T&D utility shall have ten (10) Business Days to issue an Interconnection Agreement.
R.Execution of Interconnection Agreement. Within twenty (20) days from the receipt of an Interconnection Agreement above, the Applicant shall execute and return the Interconnection Agreement. The T&D Utility shall have ten (10) Business Days to sign the Agreement and share a fully executed copy with the Applicant.
S.Installation Milestones. The facilities study shall indicate the milestones for completion of the Interconnection Customer's installation of its ICGF and the T&D Utility completion of any electric system modifications, and the milestones from the facilities study (if any) shall be incorporated into the Interconnection Agreement. Good faith estimates of construction timelines shall be provided in the Interconnection Agreement.
T.Payment of System Modifications. Except as provided below with respect to a payment schedule, the Applicant shall have ninety (90) Business Days from the execution of the Interconnection Agreement to pay twenty-five percent (25%) of the quoted costs for any required Distribution Upgrades and Interconnection Facilities. The Applicant shall have ninety (90) Business Days from the date of the initial 25% payment to pay the 75% balance of the quoted costs for any required Distribution Upgrades, unless the T&D Utility has not yet provided the Applicant with a detailed design and construction schedule, in which case the 75% balance payment shall be due thirty (30) Business Days after the T&D Utility provides a detailed design and construction schedule. Notwithstanding this paragraph (T), if the quoted costs of the Distribution Upgrades and Interconnection Facilities exceeds $500,000, the T&D Utility will provide a payment schedule to Applicant attached as a schedule in the Interconnection Agreement, which will expand the schedule for making payments to coincide with design, procurement, or construction to be completed by T&D Utility. Following the payment for the balance of Distribution Upgrades, the T & D Utility shall construct the designed Distribution Upgrades as described in the design phase and consistent with any provided construction schedule.

Payments will be adjusted and refunded to the Applicant in accordance with § 13(J) Cost Reconciliation) and § 13(I) (Cancellation of Interconnection Agreement).

U.Generator Inspection and Witness Testing. After completion of construction of an ICGF, and before it may be operated, the T&D Utility shall Witness Test the ICGF for compliance with requirements and attends any required commissioning tests pursuant to IEEE Standard 1547. Prior to such Witness Test, the Applicant shall arrange for inspection of the completed ICGF by the local electrical wiring inspector, or other authority having jurisdiction, and this person shall sign the Certificate of Completion. Such Witness Test will be performed within fifteen (15) Business Days of the Applicant's notification to the T&D Utility that it is ready for such tests and receipt of the signed Certificate of Completion by the T&D Utility. If the T&D Utility has elected not to witness the Commissioning Tests, the Applicant shall provide a written notification within five (5) Business Days of completion of the Commissioning Tests certifying that the ICGF has been installed and tested in compliance with the T&D Utility-accepted design, IEEE 1547 and the equipment manufacturer's instructions.
V.Notification of Approved Operation. Provided any required Commissioning Tests are satisfactory, the T&D Utility shall issue to the Applicant a formal letter of acceptance of the ICGF for interconnection. No ICGF may commence operation before receiving this Notification of Approved Operation.
W.Notification of Changes to Initial Operations Date. The Interconnection Customer shall notify the T&D Utility if there is any anticipated change in the proposed date of initial interconnected operations of the ICGF.
X.Application and Other Fees. A Level 4 interconnection application fee shall be $3,000, as well as charges for actual time spent on the interconnection study. In addition, there shall be a $500 fee for changes to the interconnection application after receipt of notice of completeness under §12(C) above. The application fee and change fee shall be considered non-refundable and surrendered by the Applicant in the event of application withdrawal by the Applicant or cancellation by the Utility.
Y.Queue Publication. Each investor-owned T&D Utility shall publish a report on its website at least twice each calendar month with the following information about each Level 4 Interconnection Request in its Queue;
1. Queue position
2. Any dependencies,
3. Contingent Upgrades
4. Municipality where Facility is located
5. Substation name
6. Fuel type
7. Project status
8. Circuit name
9. Date application request submitted
10. Estimated commercial operations date
11. Facility capacity
12. Feasibility Study - start and completion dates
13. Impact Study - start and completion dates
14. Facility Study - start and completion dates
15. Interconnection Agreement - completion date
16. 25% Payment - completion date

65-407 C.M.R. ch. 324, § 12