2019 -- S 0959

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LC002631

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DISTRIBUTED GENERATION

INTERCONNECTION

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: June 06, 2019

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-26.3-4.1 of the General Laws in Chapter 39-26.3 entitled

"Distributed Generation Interconnection" is hereby amended to read as follows:

     39-26.3-4.1. Interconnection standards.

     (a) The electric distribution company may only charge an interconnecting, renewable-

energy customer for any system modifications to its electric power system specifically necessary

for and directly related to the interconnection. The electric distribution company shall provide a

detailed audit and account of its actual cost to the interconnecting customer within ninety (90)

calendar days of completing any system modifications including any and all supporting records

and documentation.

     (b) If the public utilities commission determines that a specific system modification

benefiting other customers has been accelerated due to an interconnection request, it may order

the interconnecting customer to fund the modification subject to repayment of the depreciated

value of the modification as of the time the modification would have been necessary as

determined by the public utilities commission. Any system modifications benefiting other

customers shall be included in rates as determined by the public utilities commission.

     (c) If an interconnecting, renewable-energy customer is required to pay for system

modifications and a subsequent renewable-energy or commercial customer relies on those

modifications to connect to the distribution system within ten (10) years of the earlier

interconnecting, renewable-energy customer's payment, the subsequent customer will shall make

a prorated contribution toward the cost of the system modifications that will which shall be

credited to the earlier interconnecting, renewable-energy customer as determined by the public

utilities commission.

     (d)(1) An electric distribution company shall acknowledge to the interconnecting,

renewable-energy customer receipt of an application to initiate the interconnection process within

three (3) business days of receipt. The electric distribution company shall notify the

interconnecting, renewable-energy customer in writing within ten (10) business days of receipt

that the application is or is not complete and, if not, advise what is missing. of any and all

elements of the application that are incomplete within the ten (10) business days. Once the

incomplete items are addressed, the electric distribution company shall conduct a supplemental

completeness review and application screening within no more than five (5) business days,

notifying the applicant which interconnection process will be followed and whether their

application is incomplete or deficient and providing a complete and specific list of any and all

incomplete items or deficiencies and provide specific detailed instructions or recommendations

on why items are deficient and how to correct any remaining deficiencies in a form that enables

the applicant to fully address them. Once the deficient items are then addressed, the electric

distribution company shall issue a final decision on all screens and on which interconnection

process shall be followed within two (2) business days.

     (2) As long as the interconnecting customer provides all requested information within ten

(10) business days of the request, the interconnection deadlines in this section shall not be

extended. The electric distribution company shall maintain an example of a complete and current

model interconnection application with all required attachments and supplemental information in

an easily accessible location on its website for ease of reference. The model application shall be

updated within five (5) business days of any update to any of the electric distribution company's

technical standards or specifications for interconnection pursuant to the provisions of subsection

(g) of this section. Any disputes regarding whether and when an application to initiate the

interconnection process is complete shall be resolved expeditiously at the public utilities

commission.

     (3) The maximum time allowed between the date of the completed application and

delivery of an executable interconnection service agreement shall be one hundred seventy-five

(175) calendar days or two hundred (200) calendar days if a detailed study is required. All electric

distribution company system modifications must shall be completed by the date which is the later

of:

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     (1)(i) No longer than two hundred seventy (270) calendar days, or three hundred sixty

(360) calendar days if substation work is necessary, from the date of the electric distribution

company's receipt of the interconnecting, renewable-energy customer's executed interconnection

service agreement; or

     (2)(ii) The interconnecting, renewable-energy customer's agreed upon extension of the

time between the execution of the interconnection service agreement and interconnection as set

forth in writing. All deadlines herein are subject to all payments being made in accordance with

the distributed generation interconnection tariff on file with the public utilities commission and

the interconnection service agreement.

     These system modification deadlines cannot shall not be extended due to customer delays

in providing required information or the electric distribution company's studies, including, but not

limited to, transmission studies, all of which must be requested, and obtained and completed

within the time period required for before completion of the impact study. The deadlines for

completion of system modifications will be extended only to the extent of events that are clearly

not under the control of the electric distribution company, such as extended prohibitive weather,

union work stoppage or force majeure, or third-party delays, including, without limitation, delays

due to ISO-NE requirements not attributable to electric distribution company actions, and which

cannot be resolved despite commercially reasonable efforts. The electric distribution company

shall notify the customer of the start of any claimed deadline extension as soon as practicable

within five (5) business days of occurrence to allow for customer intervention and involvement,

provide information of its cause and shall also inform the customer of when it concludes, all in

writing.

     (4) Any actual, indirect, incidental, special, consequential, or punitive damages that a

court of competent jurisdiction orders the electric distribution company to pay to an

interconnecting, renewable-energy customer as a direct result of the electric distribution

company's failure to comply with the requirements of this subsection shall be payable by its

shareholders and may not be recovered from customers, provided that the total amount of

damages awarded for any and all such claims shall not exceed, in the aggregate, an amount equal

to the amount of the incentive the electric distribution company would have earned as provided

for in §§ 39-26.6-12(j)(3) and 39-26.1-4 in the year in which the system modifications were

required to be completed. In no event shall the electric distribution company be liable to the

interconnecting, renewable-energy customer for any indirect, incidental, special, consequential, or

punitive damages of any kind whatsoever as a result of the electric distribution company's failure

to comply with this section.

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     (e) On or before September 1, 2017, the public utilities commission shall initiate a docket

to establish metrics for the electric distribution company's performance in meeting the time

frames set forth herein and in the distributed generation interconnection standards approved by

the public utilities commission. The public utilities commission may include incentives and

penalties in the performance metrics.

     (f) The proposed interconnection of any new renewable energy resource that replaces the

same existing renewable energy resource of the same or less nameplate capacity that has been in

operation in the twelve (12) months preceding notification of such replacement shall be subject to

a sixty-day (60) review. The purpose of such sixty-day (60) review is to allow the electric

distribution company to determine whether any system modifications are required to support the

interconnection of the replacement renewable energy resource. If there is a need for system

modifications because of an interconnection policy change implemented by the electric

distribution company, then the system modification may be included in rates as determined by the

public utilities commission. If there is a need for system modifications only because of a change

in the rating or utility disturbance response that adversely affects the impact of the facility on the

distribution system, then the interconnecting, renewable-energy customer shall be responsible for

the cost of the system modifications.

     (g) The electric distribution company shall not change or amend technical standards,

specifications or provisions of the electric system bulletin (ESB) for interconnection within the

state without approval of the public utilities commission (PUC) and without publishing any

proposed change or amendment to customers no less than thirty (30) calendar days prior to

implementation. Any changed or amended interconnection standards, specifications or provisions

shall not apply to interconnecting customers with completed interconnection service.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DISTRIBUTED GENERATION

INTERCONNECTION

***

     This act would provide that an electric distribution company shall provide the actual cost

of interconnecting to the customer within ninety (90) calendar days of system modification. It

would also provide the electric system bulletin may only be amended with public utilities

commission (PUC) approval and after thirty (30) calendar days' notice to customers.

Amendments are not to apply to customers with completed interconnection service.

     This act would take effect upon passage.

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