20220720Generation Interconnection Agreement.pdf

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itYROCKY MOUNTAIN
POWER
1407 W. North Templa, Suite 330
Salt Lake City, Utah 84116
Ju,ly 20,2022
VIA ELECTRONIC DELIWRY
Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
I 13l W. Chinden Blvd
Building 8 Suite 201A
Boise,ID 83714
Re:CASE NO. PAC.E-?I-I4
IN TI{E MATTER OF TIIE APPLICATION FOR APPROVAL OR REJECTION
OF TI{E AMENDED POWER PTIRCHASE AGREEMENT BETWEEN
PACIFICORP AI\ID MINK CREEK ITYDRO LLC.
Dear Ms. Noriyuki:
Pursuant to Order No .35223 please find a signed copy of the generation interconnection
agreement between Mink Creek Hydro L.L.C. and PacifiCorp in the above referenced matter.
Informal inquiries may be directed to Ted Weston, Idaho Regulatory Manager at
[phone].
Very truly yours,
SVP of Customer & Community Solutions
Enclosures
I!flTERCONNECT ION AGREEIIEIUT
for a
SMALL QUATTF:rrNG FACTLTTY
(QrscrA)
between
PACIFICORP
and
Mink Creek Ey&o LLC
(For Generating Facilities lilo Larger Than 20 !m Certified as
Qual.ifying Facilities Under PITRPA)
rABLE OF CONTENTS
Article L
1.1
1.2
1.3
L.4
1.5
1.6
Scope and Limitatj-ons of Agreement
GeneralResponsibilities of the Parties
ParalIeI Operation Obligations
Metering
Reactive Power
Definitions
Inspection, Testing, Authorization, and Right of
Access
Equipment Testing and Inspection
Authorization Required Prior to Parallel
OperationRight of Access
Effective Date, Term, Termination, and Disconnection
Effective Date
Term of Agreement
Termination3.4 Temporary Disconnection
Cost Responsibility for Interconnectj-on Facilities
Distribution Upgrades
Interconnecti-on Faci Iit iesDistribution Upgrades
Network Upgrades
Affected Systems
Rights Under Other Agreements
Qualifying Facility Status
Certificatj-on of Qualifying Facility Status
Loss of Qualifying Facility Status
Small Qual-ifying Eacility Wholesale SaLesBilling, Payment, Milestones, and Financial Security
Billing and Payment Procedures and Final Accounting
Article 2
2.3Article 3
Article 4
Articfe 5
2.t
2.2
3.1
3.2
3.3
4.1-
4.2
4.3
4.4
4.5
5.1
5.2
5.3Article 6.
6.1
6.2
6.3Article 7
ArticArticArtic
Artic
Artic
72.2
12.3
L2.4
L2 .5
12.6
t2.7
t2.8
72 .9
1"2.L0
12.]-1.
72.L2Article 13.
13.1
L3.2
13.3
L3 .4
13. sArticle 14.
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
7.L
7.2
7.3
7.4
7.5
7.6Ie B.Ie 9.le 10.
Ie 11.
Ie L2.
12.1
Mil-estones
Financial- Securj-ty Arrangements
Assignment, Liability, Indemnity, Force Majeure,
Consequential Damages, and Default
Ass j.gnment
Limj-tation of Liability
Indemnity
Consequential Damages
Eorce Majeure
Default
Insurance
Confidentiality
Disputes
Taxes
Miscellaneous
Governing Law, Regulatory Authority, and Rules
Amendment
No Third-Party Beneficiaries
WaiverEntire AgreementMultiple Counterparts
No Partnership
Severability
Security Arrangements
Environmental Releases
Subcontractors
Reservation of Rights
Notices
GeneralBilling and Payment
Alternative Forms of Notice
Designated Operating Representative
Changes to the Notice Information
Slgnatures
- Glossary of Terms
- Description and Costs of the Smal-l GeneratingFacility, Interconnection Eacilities, and
Metering Equipment
- One-line Diagram Depicting the Sma1l GeneratingFacility, Interconnection Facilities, Metering
Equipment, and Upgrades
- Milestones
- Additional- Operating Requirements for the
Transmission Provider's Transmission System and
Affected Systems Needed to Support the
Interconnection Customer' s Needs
Attachment 6
Attachment 1
Attachment B
Transmission Provider's Description of its
Upgrades and Best Estimate of Upgrade Costs
Scope of Work
Interconnection and Operating Requirements
This Interconnection Agreement ("Agreement") is made and entered
into this 14th day of February , 2022, by
PacifiCorp ("Transmission Provider"), and Mink Creek Hydro
LLC ("Interconnection Customer") each hereinafter sometimesreferred to individually as "Party" or both referred tocollectively as the "Parties."
lransmission Provider Infor:uation
Transmiss j-on Provider :_Pacifj,CorpAttention: PacifiCorp Transmission Services
Address: 825 N.E. Multnomah St., Suite 550
City: Portland State: Oregon Zip: 91232
Phone: 503-8L3-6077 Fax: [phone]
Interconnection Customer Infomation
Interconnection
Attenti-on: Jake
Address: PO Box
Customer: Mink Creek Hydro, LLC
Fackrell
#1City:
Phone:
Email:i
Preston State: ID Zip: 83263
949-677 -5629akefackrellT 6GqmaiI . com
of the mutual covenants set forth herein, the
follows:
Interconnection Customer Application No:orP17 6
In consideration
Parties agree as
Article 1. Scope and Limitationg of Ag'reenent
1. 1 General-
1.1.1 This Agreement shall be used for all Interconnection
Requests regarding a Small- Qualifying Facility unless the
interconnection is otherwise governed by a state Net Metering
Statute or other Applicabl-e Law or Regulation.
1.1.2 This Agreement governs the terms and conditions under
which the fnterconnection Customer's Small- Qualifying Facility
will interconnect with, and operate in parallel with, the
Transmission Provider's Transmission System and/or Distribution
System.
1.3 This Agreement does not constitute an agreement to
purchase or deliver the Interconnection Customer's power.
The purchase or delivery of power and other services that
1
QFSGIA - Page 4
1.1
the Interconnection Customer may require will be covered
under separate agreements, if any. The Interconnection
Customer wilI be responsible for separately making aII
necessary arrangements (including scheduling) for delivery
of electricity with the applicable Transmission Provider.
4 Nothlng in thls Agreement is intended to affect any
other agreement between the Transmission Provider and the
Interconnection Customer.
1.2 Responsibilities of the Parties
7.2.1 The Parties shall perform a1I obligations of this
Agreement in accordance wj-th all Applicable Laws
and Regufations, Operating Requirements, and Good
Util j-ty Practice.
1.2.2 The Interconnection Customer shall construct,
interconnect, operate and maintain its Smal1
Qualifying Facility and construct, operate, and
maintain its Interconnection Eacil-ities in
accordance with the applicable manufacturer's
recommended maintenance schedule, and in
accordance with this Agreement, and with Good
Utility Practice.
12?The Transmissj-on Provider shall- construct,
operate, and maintaj-n its Transmission System,
Distribution System and Interconnection
Facilities in accordance with this Agreement, and
with Good Utility Practice.
1,.2.4 The fnterconnection Customer agrees to construct
its facilities or systems in accordance with
applicable specifications that meet or exceed
those provided by the National El-ectrical Safety
Code, the American National- Standards Institute,
IEEE, Underwriterrs Laboratory, and Operating
Requirements in effect at the time of
construction and other applicable national and
state codes and standards. The Interconnection
Customer agrees to design, install, maintain, and
operate its Small Qualifying Facility so as to
reasonably minimj-ze the Iikelihood of a
disturbance adversely affecting or impairing the
system or equipment of the Transmission Provider
and any Affected Systems.
QFSGIA - Page 5
7.2.5
L -2.6
1.2.7
Each Party shaIl operate, maintain, repair, and
inspect, and shall be fulIy responsible for the
facilities that it now or subsequently may own
unless otherwise specified in the Attachments to
this Agreement. Each Party shall be responsible
for the safe installation, maintenance, repair
and condition of their respective Ilnes and
appurtenances on their respective sides of the
point of change of ownership. The Transmi-ssion
Provider and the Interconnection Customer, as
appropriate, shal1 provide Interconnection
Facil-ities that adequately protect the
Transmission Provider's Transmission System
and/or Distribution System, personnel, and other
persons from damage and injury. The all-ocation of
responslbility for the design, installation,
operation, maintenance and ownership of
fnterconnection Facilities shal-l be delineated in
the Attachments to this Agreement.
The Transmission Provider shall
al,l- Affected Systems to support
interconnection.
coordinate with
the
The Interconnection Customer shall ensure
"frequency ride through" capability and "voltage
ride through" capability of its Smal1 Qualifying
Facility. The Interconnection Customer shall
enable these capabilities such that its SmaII
Qualifying Facility shall not disconnect
automatically or instantaneously from the system
or equipment of the Transmj-ssion Provider and any
Affected Systems for a defined under-frequency or
over-frequency condition, or an under-voltage or
over-voltage condition as tested pursuant to
section 2.1 of this agreement. The defined
conditions shall- be in accordance with Good
Utility Practice and consistent with any
standards and guidelines that are applied to
other generating facilities in the Balancj-ng
Authority Area on a comparabfe basis. The Small
Qualifying Facility's protective equipment
settings shall comply with the Transmission
Provider's automatic load-shed program. The
Transmj-ssion Provider shal-l- review the protective
equipment settj-ngs to confirm compliance with the
QFSGIA - Page 6
automatj-c load'shed program. The term "ride
through" as used herein shall mean the ability of
a Small Qualifying Facility to stay connected to
and synchronized with the system or equipment of
the Transmission Provider and any Affected
Systems during system disturbances within a range
of conditions, in accordance with Good Utility
Practice and consistent with any standards and
guidelines that are applied to other generating
facil-j-ties in the Balancing Authority on a
comparable basis. The term "frequency ride
through" as used herein shall mean the ability of
a Smal1 Qualifying Facility to stay connected to
and synchronized with the system or equi-pment of
the Transmission Provider and any Affected
Systems during system disturbances withj-n a range
of under-frequency and over-frequency conditions,
in accordance with Good Utility Practice and
consistent with any standards and guidelines that
are applied to other generating facilj-ties in the
Balancing Authority Area on a comparabl-e basis.
The term "voltage ride through" as used herein
shall- mean the ability of a Smal-l- QualifyingFacility to stay connected to and synchronized
with the system or equipment of the Transmission
Provider and any Affected Systems during system
disturbances within a range of under-voltage and
over-voltage conditions, in accordance with Good
Utility Practice and consistent with any
standards and guidelines that are applied to
other generating facilities in the Balancing
Authority Area on a comparable basis.
1.3 Parallel Operation Obligatj-ons
Once the Small Qual-ifying Facility has been authorized to
commence paralIel operation, the Interconnection Customer shalI
abide by aIJ- rules and procedures pertaini-ng to the parallel
operation of the SmalI Qualifying Facility in the applicable
control area, including, but not limited to: 1) the rules and
procedures concerning the operation of generation set forth in
any of the Transmission Provider's published Tariffs or by the
applicable system operator; and 2) the Operating Requirements
set forth in Attachment 5 of this Agreement.
1.4 Metering
QFSGIA -Page7
The Interconnection Customer shall be responsible for the
Transmission Provider's reasonable and necessary cost for the
purchase, installation, operation, maintenance, testing, repair,
and replacement of metering and data acquisition equipment
specified in Attachments 2 and 3 of this Agreement. The
fnterconnection Customerfs metering (and data acquJ-sition, as
required) equipment sha11 conform to applicabl-e industry rul-es
and Operating Requirements.
1.5 Reactive Power and Primary Frequency Response
1.5.1 Power Eactor Design Criteria
1.5.1.1_Synchronous Generation
The Interconnection Customer sha11
design its Smal1 Qualifying Facility to
maintain a composi-te power del-ivery at
continuous rated power output at the
Point of Interconnection at a power
factor within the range of 0.95 Ieadingto 0.95 lagging, unless the
Transmission Provider has establisheddifferent requirements that apply to
all similarl-y situated synchronousgenerators in the control- area on a
comparabl-e basis.
L.5.7.2 Non-Synchronous Generation
The fnterconnection Customer shall
design its SmaII Qualj-fying Facillty to
maintain a composite power delivery at
continuous rated power output at the
hj-gh-side of the generator substation
at a power factor within the range of
0. 95 leading to 0. 95 lagging, unless
the Transmission Provider has
establ-1shed a different power factor
range that applies to aII similarly
situated non-synchronous generators in
the control area on a comparable basis.
This power factor range standard shal-l
be dynamic and can be met usi-ng, for
example, power electronics designed to
supply this level- of reactive
capability (taking into account any
QFSGLA - Page 8
Iimitations due to voltage level-, real
power output, etc. ) or fixed and
switched capacitors, or a combinatlon
of the two. This requirement shall only
apply to newly interconnecting non-
synchronous generators that have not
yet executed a Facilities Study
Agreement as of the effective date of
the Final Rul-e establ-ishing this
requirement (Order No. 82'l) .
1.5.2 The Transmission Provider is required to pay the
Interconnection Customer for reactive power that
the fnterconnection Customer provides or absorbs
from the Small Qualifying Facility when the
Transmission Provider requests the
Interconnection Customer to operate its Sma1l
Qualifying Facility outside the range specified
in article 1.8.1. In addition, if the
Transmission Provider pays its own or affiliated
generators for reactive power service within the
specified range, it must also pay the
Interconnection Customer.
1.5.3 Payments shall be in accordance with the
Interconnection Customer's applicable rate
schedule then in effect unl-ess the provision of
such service (s) is subject to a regional
transmission organization or independent system
operator FERC-approved rate schedule. To the
extent that no rate schedule is in effect at the
time the Interconnection Customer is required to
provide or absorb reactive power under this
Agreement, the Parties agree to expeditiously
file such rate schedul-e and agree to support any
request for waiver of the Commission's prior
notice requirement in order to compensate the
Interconnection Customer from the time service
commenced.
1".5.4 Primary Erequency Response
Interconnection Customer shall ensure the primary
frequency response capability of its Small
Qualifying Facility by installing, maintaining,
and operating a functioning governor or
equj-valent control-s. The term "functioning
QFSGIA - Page 9
governor or equivalent controls" as used herein
shal1 mean the required hardware and/or software
that provides frequency responsive real power
control with the ability to sense changes in
system frequency and autonomously adjust the
Small Qualifying Facility's real power output in
accordance with the droop and deadband parameters
and in the direction needed to correct frequency
deviations. Interconnectlon Customer is required
to install a governor or equivalent controls with
the capability of operating: (1) with a maximum 5
percent droop and +0.036 Hz deadbandi or (2) in
accordance with the relevant droop, deadband, and
timely and sustained response settings from an
approved NERC Reliability Standard providing for
equivalent or more stringent parameters. The
droop characteristic shaIl be: (1) based on the
nameplate capacity of the Small- QualifyingFacility, and shall be linear in the range of
frequencies between 59 to 6l Hz that are outsj-de
of the deadband parameter; or (2) based an
approved NERC Reliability Standard providing for
an equival-ent or more stringent parameter. The
deadband parameter shal-I be: the range of
frequencies above and below nominal (00 Hz) in
which the governor or equlvalent controls is not
expected to adjust the Smal-1 QualifyingFacility's real power output in response to
frequency deviations. The deadband shall bej-mplemented: (1) without a step to the droop
curve, that is, once the frequency deviation
exceeds the deadband parameter, the expected
change in the Small Quallfying Facility's reaf
power output in response to frequency deviations
shall start from zero and then j-ncrease (for
under-frequency deviations) or decrease (for
over-frequency deviations) linearly in proportion
to the magnitude of the frequency deviation; or
(2) in accordance with an approved NERC
Reliabil-ity Standard providing for an equivalent
or more stringent parameter. Interconnection
Customer shall notify Transmission Provider that
the primary frequency response capability of the
SmaIl Qualifying Facillty has been tested and
confirmed during commj-ssioning. Once
Interconnection Customer has synchronized the
SmaII Qualifying Facility with the Transmission
QFSGIA-Page l0
System, Interconnection Customer shaII operate
the Small Qualifying Eacility consistent with the
provisions speclfied in Sections 1.8.4.1 and
1.8.A.2 of this Agreement. The primary frequency
response requirements contained herein shall
apply to both synchronous and non-synchronous
Small- Generatinq Facil-ities.
1.5.4.1 Governor or Equival-ent Controls.
Whenever the Small- Qualifying Facility
is operated in paralleI with the
Transmission System, Interconnection
Customer shall operate the Small-
Qualifying Eacility with its governor
or equivalent controls in service and
responsive to frequency.
Interconnection Customer shall: (1) in
coordination with Transmission Provider
and/or the relevant balancing
authority, set the deadband parameter
to: (1) a maximum of 10.036 Hz and set
the droop parameter to a maximum of 5
percent; or (2) implement the relevant
droop and deadband settings from an
approved NERC Reliability Standard that
provides for equivalent or more
stringent parameters. fnterconnection
Customer shall be required to provj-de
the status and settings of the governor
or equival-ent controls to Transmj-ssion
Provider and/or the refevanL balancing
authority upon request. If
Interconnection Customer needs to
operate the Small Qualifying Facility
with its governor or equivalent
control-s not in service,
Interconnection Customer shalI
immediately notify Transmission
Provider and the relevant balancing
authority, and provide both with the
following information: (1) the
operating status of the governor or
equivalent controls (i.e., whether it
is currently out of service or when it
will- be taken out of service); (2) the
reasons for removlng the governor or
equivalent control-s from service; and
QFSGIA - Page 11
L.5.4 .2
(3) a reasonable estimate of when the
governor or equivalent contro.l-s will be
returned to service. Interconnection
Customer shall make Reasonable Efforts
to return its governor or equivalent
controls into service as soon aspracticable. Interconnection Customer
shall make Reasonable Efforts to keep
outages of the Small- QualifyingEacility's governor or equivalent
controls to a minimum whenever the
Small Qualifying Eacility is operated
in paralle1 with the Transmj-ssion
System.
Timely and Susta j-ned Response.
Interconnection Customer sha1l ensurethat the Small Qualifying Facillty'sreal power response to sustai-ned
frequency deviations outside of the
deadband setting is automaticallyprovided and shal-l begin immediately
after frequency deviates outside of the
deadband, and to the extent the Smal1
Qualifying Facility has operatingcapabillty in the direction needed to
correct the frequency deviation.
Interconnection Customer shaIl not
block or otherwise inhibit the ability
of the governor or equival-ent controlsto respond and shall ensure that the
response is not inhibited, except under
certaj-n operati-onaI constraintsincluding, but not limited to, ambient
temperature Iimitations, physical
energy limitations, outages of
mechanlcal equlpment, or regulatory
requirements. The Small QualifyingFacility shalI sustain the real power
response at least until system
frequency returns to a value within the
deadband setting of the governor or
equivalent control-s. A Commission-
approved Reliability Standard with
equivalent or more stringent
requirements sha1l supersede the above
requirements.
QFSGIA -Page 12
1.5.4.3
1, .5 .4 .4
Exemptions.
SmaIl Generating Facilities that are
regulated by the United States Nuclear
Regulatory Commj-ssion shall be exempt
from Sections 1.8.4, 1.8.4.1, and
L.B.4.2 of this Agreement. Small
Generating Facllities that are behind
the meter generation that is sized-to-
load (i.e., the thermal load and the
generation are near-bafanced in real-
time operation and the generation is
primarily controlled to maintain the
unique thermal, chemical, or mechanical-
output necessary for the operating
requirements of its host facil-ity)
shall be required to install primary
frequency response capability in
accordance with the droop and deadband
capabilit.y requirements specified 1n
Section 1.8.4, but shall be otherwise
exempt from the operating requirements
in Sections 1.8.4, 1.8.4.1, L.B.4.2,
and 1.8.4.4 of this Agreement.
Electric Storage Resources.
Interconnection Customer
interconnecting an electric storage
resource shall establish an operating
range in Attachment 5 of its SGIA that
specifies a minimum state of charge and
a maximum state of charge between which
the electric storage resource will berequired to provide primary frequency
response consistent with the conditions
set forth in Sections 1.8.4, 1.8 .4.1,
1.8.4.2 and 1.8.4.3 of this Agreement.
Attachment 5 shalI specify whether the
operating range is stat.ic or dynamic,
and sha11 consider: (1) the expected
magnitude of frequency deviations in
the interconnecti-oni (2) the expected
duration that system frequency will
remain outside of the deadband
parameter in the interconnectioni (3)
the expected incidence of frequency
deviations outside of the deadband
QFSGIA-Page 13
parameter in the interconnection; (4)
the physlcal- capabilities of the
electric storage resource; (5)
operational limitations of the electric
storage resource due to manufacturer
specificationsi and (6) any other
relevant factors agreed to by
Transmission Provider and
Interconnection Customer, and in
consultation with the relevant
transmission owner or bal-ancing
authority as appropriate. If the
operating range is dynamic, then
Attachment 5 must establish how
frequently the operating range will be
reevaluated and the factors that may be
consj-dered during its reevaluation.
Interconnection Customer' s electric
storage resource is required to provide
timely and sustained primary frequency
response consistent with Section
1.8.4.2 of this Agreement when it is
online and dispatched to inject
electricity to the Transmission System
and/or receive electricity from the
Transmission System. This excludes
cj-rcumstances when the electric storage
resource is not dispatched to inject
el-ectricity to the Transmission System
and/or dispatched to recej-ve
electricity from the Transmission
System. If Interconnection Customer's
electric storage resource is charging
at the time of a frequency deviation
outside of 1ts deadband parameter, it
is to j-ncrease (for over-frequency
deviations) or decrease (for under-
frequency deviations) the rate at which
it is charging j-n accordance with its
droop parameter. Interconnection
Customer's electric storage resource is
not required to change from charging to
discharging, or vice versa, unless the
response necessitated by the droop and
deadband settings requires it to do so
QFSGIA -Page 14
and it
SUCh A
L.6 Definitions.
Capitalized terms used herein shal-1 have
in the Glossary of Terms in Attachment l-
Agreement.
is technically capable of making
transition.
the meanings specified
or the body of this
Artiele 2. Inspection, Testing, Authorization, and Right of
Access
2.1, Equipment Testing and Inspection
2.1,.1,The Interconnection Customer shal1 test and
inspect its SmalI Qualifying Facility and
Interconnection Facilities prior to
interconnecti-on. The Interconnection Customer
shall notify the Transmission Provider of such
activities no fewer than five Business Days (or
as may be agreed to by the Parties) prior to such
testing and inspection. Testing and inspection
shalI occur on a Business Day. The Transmission
Provider may send qualified personnel to the
Small- Qualj-fying Facility site to inspect the
interconnecti-on and observe the testing. If
requested by the Transmission Provider, the
fnterconnection Customer shall provide the
Transmission Provider a written test report when
such testing and inspection is completed.
The Transmission Provider shall provide the
Interconnection Customer written acknowledgment
that i-t has received the Interconnection
Customer's written test report. Such written
acknowledgment shal-I not be deemed to be or
construed as any representation, assurance,
guarantee, or warranty by the Transmission
Provider of the safety, durability, suitability,
or reliability of the SmaIl Qualifying Facility
or any associated control, protective, and safety
devices owned or controlled by the
Interconnection Customer or the quality of power
produced by the SmaII Qualifying Facility.
2.1.2
2.2 Authorj-zation Required Prior to ParaIleI Operation
QFSGIA-Page 15
2.2.1,
2.2.2
2.3 Riqht of Access
2.3.1
2.3 .2
The Transmission Provider shall use Reasonable
Efforts to list applicable paralleI operation
requirements in Attachment 5 of this Agreement.
Additionally, the Transmission Provider shall
notify the Interconnection Customer of any
changes to these requirements as soon as they are
known. The Transmission Provider shall make
Reasonable Efforts to cooperate with the
Interconnection Customer in meeting requirements
necessary for the Interconnection Customer to
commence paralleJ- operatlons by the SmaII
Qualifying Facility's in-service date.
The Interconnection Customer shall not operate
its SmaIl Qualifying Facility in parallel with
the Transmission Provider's Transmission System
and/or Distribution System without prior written
authorization of the Transmission Provider. The
Transmission Provider wil-I provide such
authorizati-on once the Transmission Provider
receives notification that the Interconnection
Customer has complied with alI applicableparallel operation requirements. Such
authorization shal1 not be unreasonably withheld,
conditioned, or delayed.
Upon reasonable notice, the Transmission Provider
may send a qualified person to the premises of
the Interconnection Customer at or immediately
before the time the Small Qualifying Facility
first produces energy to inspect the
interconnection, and observe the commissioning of
the SmaIl Qualifying Facility (including any
required testing), startup, and operation for a
period of up to three Business Days after initial
start-up of the unj-t. In addition, the
fnterconnection Customer shalI notify the
Transmission Provider at Ieast flve Business Daysprior to conducting any on-site verification
testing of the Smal1 Qualifying Facility.
EoIlowing the initial inspection process
described above, at reasonable hours, and upon
reasonable notice, or at any time without notice
in the event of an emergency or hazardous
QFSGIA-Page 16
2.3.3
condition, the Transmission Provider shall- have
access to the Interconnection Customer's premises
for any reasonable purpose in connection with the
performance of the obligations imposed on it by
this Agreement or if necessary to meet its legal
obligation to provide service to its customers.
Each Party shall be responsible for its own costs
associated with fol-Iowing this article.
Article 3. Effective Date, Tem, Termination, and Disconnection
3.1 Effective Date
This QFSGIA shall- become effective upon execution by the Parties
subject to acceptance by state commission (if applicable).
3.2 Term of Agreement
This Agreement shall become effective on the Effective Date and
shall remain in effect for a period of ten years from the
Effective Date or such other longer period as the
Interconnection Customer may request and shall be automatically
renewed for each successive one-year period thereafter, unless
terminated earlier in accordance with article 3.3 of this
Agreement.
3.3 Termination
No termination sha11 become effective
complled with aJ-1 Applicable Laws and
such termination.
3.3.1
3.3.2 Either Party may
Default pursuant
3.3.3
until the Parties have
Regulations applicable to
terminate this Agreement afterto article 1.6.
The fnterconnection Customer may terminate this
Agreement at any time by giving the Transmission
Provider 20 Business Days written notice.
Upon termination of this Agreement, the Small
Qualifying Facility wiIl be disconnected from the
Transmission Providerrs Transmission System
and/or Distribution System at the Interconnection
Customer's expense. A11 costs required to
effectuate such disconnection shall- be borne by
the terminating Party, unl-ess such termination
resulted from the non-terminating party's Default
QFSGIA -Page 17
3.3.4
3.3.s
of this Agreement or such non-terminating party
otherwise is responsible for these costs under
this Agreement.
The termination of this Agreement shal1 not
relieve either party of its liabilities and
obligatlons, owed or continuing at the time of
the termination.
The provislons
termination or
of this article shaIl survive
expiration of this Agreement.
3.4 Temporary Disconnection
Temporary disconnection sha11 continue only for so long
reasonably necessary under Good Utility Practice.
3.4.1 Emergency Conditions.
AS
"Emergency Condition" shal1 mean a condition or
situation: (1) that in the judgment of the Party
making the claim is j-mmj-nently Iike1y to endanger
life or property; or (2) that, in the case of the
Transmission Provider, is immj-nently likely (as
determined in a non-discriminatory manner) to
cause a material adverse effect on the security
of, or damage to the Transmission System and/or
Distribution System, the Transmission Provj-der's
Interconnection Facilities or the Transmission
System and/or Distribution Systems of others to
which the Transmission System and/or Distribution
System is directly connected; or (3) that, in the
case of the Interconnection Customer, is
imminently like1y (as determined j-n a non-
discriminatory manner) to cause a materj-al
adverse effect on the security of, or damage to,
the SmaII Qualifying Facility or the
Interconnection Customerr s Interconnection
Eacilities. Under Emergency Conditions, the
Transmi-ssion Provider may immediately suspend
interconnectj-on service and temporarily
disconnect the SmaII Qualifying Facility. The
Transmission Provider shall notify the
fnterconnectj-on Customer promptly when it becomes
aware of an Emergency Condition that may
reasonably be expected to affect the
Interconnection Customer's operation of the SmaII
QFSGIA-Page l8
Qualifying Facj-1ity. The Interconnection Customer
shall- notify the Transmission Provider promptly
when it becomes aware of an Emergency Condition
that may reasonably be expected to affect the
Transmission Provider's Transmission System
and/or Distribution System or any Affected
Systems. To the extent information is known, the
notification shalI describe the Emergency
Condition, the extent of the damage or
deficiency, the expected effect on the operation
of both Parties' facilities and operations, its
anticipated duration, and the necessary
corrective action.
3.4 .2 Routi-ne Maintenance, Construction, and Repair
The Transmission Provider may interrupt
interconnection service or curtail the output of
the Small Qualifying Facility and temporarily
disconnect the SmalI Qualifying Facj-Iity from the
Transmission Provider's Transmission System
and/or Distribution System when necessary for
routine maintenance, construction, and repairs onthe Transmission Provider's Transmission System
and/or Distribution System. The Transmission
Provider shal-I provide the Interconnection
Customer with two Business Days notice prior to
such interruption. The Transmission Providershall use Reasonabl-e Efforts to coordinate such
reduction or temporary disconnection with the
Interconnection Customer .
?A?Forced Outages
During any forced outage, the Transmj-ssion
Provider may suspend j-nterconnection service to
effect immediate repalrs on the Transmission
Provider's Transmission System and/orDistribution System. The Transmission ProvidershalI use Reasonable Efforts to provide the
Interconnection Customer with prior notice. ffprior notice is not given, the Transmission
Provider shall, upon request, provide the
Interconnection Customer written documentationafter the fact explaining the cj-rcumstances of
the disconnection.
QFSGIA-Page 19
3.4 .4 Adverse Operatinq Effects
The Transmissj-on Provider shalI notify the
Interconnection Customer as soon as practicable
if, based on Good Utllity Practice, operation of
the Sma1l Qualifying Facility may cause
disruption or deterioration of service to other
customers served from the same el-ectric system,
or if operating the SmalI Qualifying Facility
coul-d cause damage to the Transmission Provider's
Transmission System and/or Distribution System or
Affected Systems. Supporting documentation used
to reach the decision to disconnect shaLl be
provided to the Interconnection Customer upon
request. If, after notice, the Interconnection
Customer fails to remedy the adverse operating
effect within a reasonable time, the Transmission
Provider may disconnect the Small QualifyingFacility. The Transmission Provider shall provide
the Interconnection Customer with five Business
Day notice of such disconnection, unless the
provisions of article 3.4.1 apply.
3.4.5 Modification of the Smal-1 Qualifying Eacility
The Interconnection Customer must receive writtenauthorization from the Transmission Provider
before making any change to the Small QualifyingEacility that may have a material impact on thesafety or reliability of the Transmission System
and/or Distribution System. Such authorizationshall not be unreasonably withheld. Modifications
shall be done in accordance with Good Utility
Practice. If the Interconnection Customer makes
such modification without the Transmi-ssionProvider's prior written authorization, thelatter shall have the right to temporarily
disconnect the Small Qualifying Facility.
3.4.6 Reconnection
The Parties sha1l cooperate with each other torestore the Small Qualifying Facility,
Interconnection FaciJ-ities, and the TransmissionProvider's Transmission System and/or
Distributj-on System to their normal operating
QFSGIA -Pase20
state as soon as reasonably practlcable following
a temporary disconnection.
ArticJ.e 4. Cost Responsibility for Interconnection Facilities,
DistriJcution Upgrades and Network Upgrades
4.L Interconnection Eacilities
4 .1.1 The Interconnection Customer shaIl pay for the
cost of the Interconnection Facilities itemized
in Attachment 2 of this Agreement. The
Transmission Provider shall provide a best
estj-mate cost, including overheads, for the
purchase and construction of its Interconnection
Facilities and provide a detailed itemization of
such costs. Costs associated with Interconnecti-on
Facilities may be shared with other entities that
may benefit from such facilitj-es by agreement of
the Interconnection Customer, such other
entities, and the Transmission Provider.
4.1.2 The Interconnection Customer shall be responsible
for all reasonable expenses, incLuding overheads,
associ-ated with (1) owning, operating,
maintainlng, repairj-ng, and replacing its own
Interconnection Eacilities, and (2) operatj-ng,
mai-ntaining, repairing, and replacing the
Transmission Provider's Interconnection
Facilities.
4.2 Distribution Upgrades
The Transmission Provider shalI design, procure, construct,
install, and own the Distribution Upgrades described in
Attachment 6 of this Agreement. If the Transmission Provlder and
the Interconnection Customer agree, the fnterconnection Customer
may construct Distribution Upgrades that are Iocated on l-and
owned by the fnterconnection Customer. The actual cost of the
Distribution Upgrades, including overheads, shalI be directly
assigned to the Interconnecti-on Customer.
4.3 Network Upgrades
The Transmission Provider shall design, procure, construct,install-, and own the Network Upgrades described in Attachment 6
of this Agreement. If the Transmission Provider and the
Interconnection Customer agree, the fnterconnection Customer may
QFSGIA -Page2l
construct Network Upgrades that are l-ocated on l-and owned by the
Interconnection Customer. Unl-ess Transmission Provider elects
to fund the capital- for the Network Upgrades, the costs shall be
directly assigned to the Interconnection Customer.
4.4 Affected Svstems
Unless the Transmission Provider provides, under this Agreement,
the Interconnection Customer and any Affected System operator(s)
shal-I enter into a separate agreement that provides for such the
construction of any Affected System upgrades. The agreement
shall specify the terms governing payments to be made by the
fnterconnection Customer to the Affected System operator.
4.5 Rights Under Other Agreements
Notwithstanding any other provision of this Agreement, nothing
herein shal-I be construed as relinquishing or foreclosing any
rights, including but not Iimited to firm transmission rlghts,
capacity rights, transmission congestion rights, that the
Interconnection Customer shall- be entitled to, now or in the
future, under any other agreement or tariff as a result of, or
otherwise associated with, the transmission capacity, if any,
created by the Distribution Upgrades and/or Network Upgrades
constructed or installed under this Agreement.
Artic1e 5. Qualifying Facility Status
5.1 Certification of Qua l-ifyinq Eacility Status
Prior to interconnection and paraIIel operation under this
Agreement, fnterconnection Customer shall provide evidence
certification of the SmaIl Qualifying Facility as provided
c.E.R. SS 292.201-292.21,1,.
of
by 18
5.2 Loss of 1if l_n Facilit Status
If, at any time during the term of this Agreement,
Interconnection Customer's SmaII Qualifying Facility loses its
status as a Qualifying Facility within the meaning of sections
201, and 210 of the Public Utility Regulatory Policies Act of
1,978 (PURPA) , l-6 U.S.C. 796 and 824a-3, and/or
18 C.F.R. SS 292.201,-292.27L, the Interconnection Customer shall
be deemed to be in Default and the Transmission Provider may
terminate this Agreement pursuant to Articl-e 7.6.
QFSGIA -PageZ2
5.3 SmaIl Qualifying Facility WhoIesale Sal-es
If, at any time during the term of this Agreement,
Interconnection Customer sells any portion of the output from
the Small Qualifying Eacility at wholesale, the Interconnection
Customer shal-I be deemed to be in Default and the Transmlssion
Provider may terminate thls Agreement pursuant to Article 7.6.
ArticJ.e 6. Bil1ing, Palment, ltllestonest,
6.1 Bill-inq and Pa\rment Procedures and
and Financial. Security
FinaI Accountinq
6.1.1
6.1,.2
The Transmission Provider shal-I bilI the
Interconnection Customer for the design,
engineering, construction, and procurement costs
of Interconnecti-on Eacilities and Upgrades
contemplated by this Agreement on a monthly
basis, or as otherwise agreed by the Parties. The
Interconnection Customer shall pay each bill
within 30 calendar days of receipt, or as
otherwise agreed to by the Parties.
Within three months of completing the
construction and installation of the Transmission
Provider's Interconnection Facili-ties and/or
Upgrades described in the Attachments to this
Agreement, the Transmj-ssion Provider shall
provide the Interconnection Customer with a final
accounting report of any difference between (1)
the Interconnection Customer's cost
responsibility for the actual cost of such
facilities or Upgrades, and (2) the
Interconnection Customer's previous aggregate
payments to the Transmission Provj-der for such
facil-ities or Upgrades. If the Interconnection
Customer's cost responsibility exceeds its
previous aggregate payments, the Transmission
Provider shall invoice the fnterconnection
Customer for the amount due and the
fnterconnection Customer shall make palment to
the Transmission Provi-der within 30 calendar
days. If the Interconnection Customer's previous
aggregate payments exceed its cost responsibility
under this Agreement, the Transmission Provider
shal-l- refund to the Interconnection Customer an
amount equal to the dlfference within 30 calendar
days of the fj-nal accounting report.
QFSGIA -Page23
6.2 Milestones
The Partles shall agree on milestones for which each Party is
responsible and list them in Attachment. 4 of this Agreement. A
Party's obligations under this provision may be extended by
agreement. If a Party anticipates that it wilt be unable to meet
a milestone for any reason other than a Force Majeure Event, it
shall- immediately notify the other Party of the reason(s) for
not meeting the mj-lestone and (1) propose the earliest
reasonable alt.ernate date by which it can attain this and future
milestones, and (2) requesting appropriate amendments to
Attachment 4. The Party affected by the failure to meet a
milestone shalI not unreasonably withhold agreement to such an
amendment unless it will suffer significant uncompensated
economic or operational harm from the delay, (2) attainment of
the same milestone has previously been delayed, or (3) it has
reason to believe that the delay in meeting the mil-estone isj-ntentional or unwarranted notwithstanding the circumstances
expJ-ained by the Party proposing the amendment.
6.3 Financial Security Arranqements
At least 20 Business Days pri-or to the commencement of the
design, procurement, installatj-on, or construction of a discrete
portion of the Transmission Provider's Interconnection
Facilities and Upgrades, the Interconnection Customer shall
provide the Transmission Provider, at the Interconnection
Customer's option, a guarantee, a surety bond, letter of credit
or other form of security that is reasonably acceptable to the
Transmission Provi-der and is consistent with the Uniform
Commercial Code of the jurisdiction where the Point of
Interconnection is l-ocated. Such security for payment shall be
in an amount sufficient to cover the costs for constructing,
designing, procurj-ng, and installing the applicable portion of
the Transmission Provider's fnterconnection Facil-ities and
Upgrades and shall be reduced on a do11ar-for-dol-lar basis for
pa)ments made to the Transmission Provider under this Agreement
during its term. In addition:
6.3.1 The guarantee must be made by an entity that
meets the creditworthiness requirements of the
Transmission Provider, and contaj-n terms and
conditions that guarantee palrment of any amountthat may be due from the Interconnection
Customer, up to an agreed-to maximum amount.
QFSGIA -Page24
6.3.2
Article 7. Assigmment,
Consequential Danages,
LiabiJ.ity, Indeunity, Force Majeure,
and Defau].t
The l-etter of credit or surety bond must be
issued by a financial institution or insurer
reasonably acceptable to the Transmission
Provider and must specify a reasonable expiration
date.
7.L Assignment
This Agreement may be assigned by either Party upon 15 Business
Days prior written notice and opportunity to object by the other
Party; provided that:
1 .1, .1 Transmission Provider may at any time assign its
rights and delegate its obligations under this
Agreement, in whol-e or in part, including,
without limitation, transferring its rights and
obligations under this Agreement to any: (f)
affiliate; (ii) successor in interest, or (iii)
corporation or any other business entity in
conjunction with a merger, consolidation or other
business reorganization to which PacifiCorp is a
party. Affiliate includes any entity in which
Berkshire Hathaway Inc. owns more than a 5?
interest, over which Berkshire Hathaway Energy
exercises management control, or which is l-isted
on an exhibit to this Agreement.
7.1.2 The Interconnection Customer shall have the right
to assign this Agreement, wlthout the consent of
the Transmission Provider, for collateral
security purposes to aid in providing financing
for the Small QuaJ-ifying Eacility, provided that
the Interconnection Customer will promptly notify
the Transmission Provider of any such assignment.
7 .1, .3 Any attempted assignment that violates this
article is void and ineffective. Assj-gnment shall
not relieve a Party of its obligations, nor shall
a Partyrs obligations be enlarged, in whole or in
part, by reason thereof. An assignee is
responsible for meeting the same financial,
credit, and insurance obligations as the
Interconnection Customer. Where required, consent
QFSGIA -Page25
to assignment wiIl not be unreasonably withheld,
conditioned or delayed.
1.2 Limitation of Liabilitv
Each Party's liability to the other Party for any loss, cost,
cJ-aim, injury, Ilability, or expense, including reasonabl-e
attorney's fees, relating to or arising from any act or omission
in its performance of this Agreement, shal-I be l-imited to the
amount of direct damage actually incurred. In no event shall
either Party be l-iable to the other Party for any indirect,
special, consequential r or punitive damages, except as
authorized by this Agreement.
7.3 Indemnity
7 .3.1 This provision protects each Party from Iiability
incurred to third parties as a result of carrying
out the provisions of this Agreement. Liability
under this provision is exempt from the general
Iimitations on l-iability found in article 7 .2.
1 .3.2 The Parties shall at all- times indemnify, defend,
and hold the other Party harmless from, any and
all damages, losses, claims, including claims and
actions relating to injury to or death of any
person or damage to property, demand, suits,
recoveries, costs and expenses, court costs,
attorney fees, and all- other obligations by or to
third parties, arising out of or resulting from
the other Party's action or failure to meet its
obligations under this Agreement on behalf of the
indemnifying Party, except in cases of gross
negligence or intentional- wrongdoing by the
indemnj-fied Party.
7.3.3 If an indemnified person is entitled to
indemnification under this article as a result
a claim by a third party, and the indemnifying
Party fai1s, after notice and reasonable
opportunity to proceed under this article, to
assume the defense of such c1aim, such
indemnified person may at the expense of the
indemnifying Party contest, settle or consent
the entry of any judgment with respect to, or
in fulI, such cIaim.
of
to
pay
QFSGIA -Page26
1 .3.4 If an indemnifying party is obligated to
indemnify and hold any indemnified person
harml-ess under this article, the amount owing to
the indemnified person shal-I be the amount of
such indemnified person's actual loss, net of any
insurance or other recovery.
7.3.5 Promptly after receipt by an indemnified person
of any claj-m or notice of the commencement of any
action or administrative or legal proceeding or
i-nvestigation as to which the indemnj-ty provided
for in this article may app1y, the indemnified
person shal-l notify the indemnifying party of
such fact. Any failure of or delay in such
notification shall not affect a Party's
indemnification obligation unless such failure or
delay is materially prejudicial to the
indemnj-fying party.
7.4 Consequential- Damages
Other than as expressly provided for in this Agreement, neither
Party shall be liable under any provision of this Agreement for
any Iosses, damages, costs or expenses for any special,
indirect, incidental, consequential-, or punitive damages,
including but not limited to l-oss of profit or revenue, loss of
the use of equipment, cost of capital, cost of temporary
equipment or services, whether based in whole or in part in
contract, in tort, including negligence, strj-ct liability, or
any other theory of Iiabillty; provided, however, that damages
for which a Party may be l-iable to the other Party under another
agreement wiII not be considered to be special, indirect,
incidental, or consequential damages hereunder.
7.5 Force Majeure
7.5.1 As used in this article, a Eorce Majeure Event
shaIl mean "any act of God, labor disturbance,
act of the public enemy, war, insurrection, riot,
fire, storm or flood, explosj-on, breakage or
accident to machinery or equipment, dDy order,
regulatlon or restriction imposed by
governmental, military or lawfully established
civilian authorities, or any other cause beyond a
Party's control-. A Force Majeure Event does not
incl-ude an act of negligence or intentional
wrongdoing. "
QFSGIA -Pase27
7 .5.2
7.6 Default
1 .6.7
If a Force Majeure Event prevents a Party from
fulfilling any obligations under this Agreement,
the Party affected by the Eorce Majeure Event(Affected Party) shaII promptly notify the other
Party, either in writing or via the tel-ephone, of
the existence of the Force Majeure Event. The
notification must specify in reasonable detail
the circumstances of the Force Majeure Event, its
expected duration, and the steps that the
Affected Party is taking to mitigate the effects
of the event on j-ts performance. The Affected
Party shall- keep the other Party lnformed on a
continuing basis of developments relating to the
Force Majeure Event until the event ends. The
Affected Party will be entitl-ed to suspend or
modify its performance of obligations under this
Agreement (other than the obl-igation to make
payments) only to the extent that the effect of
the Force Majeure Event cannot be mitigated by
the use of Reasonable Efforts. The Affected Party
will use Reasonable Efforts to resume its
performance as soon as possible.
No Default shall exist where such fai]ure to
discharge an obligation (other than the payment
of money) is the resul-t of a Force Majeure Event
as defined in this Agreement or the result of an
act or omissj-on of the other Party. Upon a
Default, the non-defaulting Party shall- give
written notice of such Default to the defaulting
Party. Except as provided in article 7.6.2, the
defaulting Party shal-l- have 60 calendar days from
receipt of the Default notice within which to
cure such Default; provided however, if such
Default is not capable of cure within 60 calendar
days, the defaulting Party shalI conrmence such
cure within 20 calendar days after notice and
continuously and diligently complete such cure
within slx months from receipt of the Default
notice; and, if cured within such time, the
Default specified in such notice shalI cease to
exist.
QFSGIA -Page28
7 .6.2 If a Default is not cured as provided in this
articl-e r or if a Default is not capable of being
cured within the period provided for herein, the
non-defaulting Party sha1l have the right to
terminate this Agreement by written notice at any
time until cure occurs, and be relieved of any
further obligation hereunder and, whether or not
that Party termj-nates this Agreement, to recover
from the defauJ-ting Party all amounts due
hereunder, plus aI1 other damages and remedies to
which it is entitled at l-aw or in equj-ty. The
provisions of this articl-e wilI survive
termination of this Agreement.
Artic].e 8. Insurance
8.1 The Interconnection Customer sha11, at its own expense,maintain in force general liability insurance without any
exclusi-on for liabilitles related to the interconnecti-on
undertaken pursuant to this Agreement. The amount of such
insurance shal-1 be sufficient to insure against aIl reasonably
foreseeable direct liabilities given the size and nature of the
generating equipment being j-nterconnected, the interconnectionitself, and the characteristics of the system to which the
interconnection is made. The Interconnection Customer shall
obtain additional- insurance only if necessary as a function of
owning and operating a generating facility. Such insurance shall
be obtained from an insurance provider authorized to do business
in the State where the interconnection is located. Certification
that such insurance is in effect shall be provided upon request
of the Transmission Provider, except that the Interconnection
Customer shal-I show proof of insurance to the Transmission
Provider no later than ten Business Days prior to the
anticipated commercial operation date. An Interconnection
Customer of sufficient credit-worthiness may propose to self-
insure for such liabilities, and such a proposal shall not be
unreasonably rejected.
8.2 The Transmission Provider agrees to maintain general
liability insurance or self-insurance consistent with the
Transmisslon Provider's commercial practice. Such insurance or
self-insurance shall not exclude coverage for the Transmission
Provider's liabil-ities undertaken pursuant to this Agreement.
8.3 The
accident
Parties further agree to notify each other whenever an
or incident occurs resulting in any lnjuries or damages
QFSGIA -Page29
that are included within the scope of coverage of such
insurance, whether or not such coverage is sought.
ArticJ.e 9. Confidential.ity
9.1 Confidential Information shal-I mean any confidential and/or
proprj-etary j-nformation provided by one Party to the other Party
that is clearly marked or otherwj-se designated "Confidential. "For purposes of this Agreement al-l- design, operating
specifications, and metering data provided by the
Interconnection Customer shall be deemed Confidential
Information regardless of whether it is clearly marked or
otherwise designated as such.
9.2 Confidential- Information does not include information
previously in the public domaj-n, required to be publicJ-y
submitted or divulged by Governmental- Authorities (after notice
to the other Party and after exhausting any opportunity to
oppose such publication or release), or necessary to be divulged
in an action to enforce this Agreement. Each Party receiving
Confidential Information shal-1 hold such information in
confidence and sha1l not disclose it to any third party nor to
the public without the prior written authorization from the
Party providing that information, except to fulfill obligations
under this Agreement, or to fuIfil1 legal or regulatory
requirements.
9 .2.1 Each Party shall employ at least the same
standard of care to protect Confidential
Information obtalned from the other Party as it
employs to protect its own Confidential
Information.
9.2.2 Each Party is entitled to equitable relief, by
injunction or otherwise, to enforce its rights
under this provision to prevent the release of
Confidential Information without bond or proof of
damages, and may seek other remedies available at
law or in equity for breach of this provision.
9.3 Notwithstanding anything in this article to the contrary,
if a state public utility commission or state public service
commission ("State Commissj-otr"), during the course of an
investigation or other proceedj-ng, requests information from one
of the Parties that is otherwise required to be maintained 1n
confidence pursuant to this Agreement, the Party shalI provj-de
the requested information to such State Commission, withln the
QFSGIA - Page 30
tj-me provided for in the request for informatj-on. In providing
the information to a State Commission, the Party may request
that the information be treated as confidential and non-public
by the State Commission and that the information be withheld
from public disclosure. Parties are prohibited from notifying
the other Party to this Agreement prior to the release of the
Confidential Information to a State Commission. The Party shall
notify the other Party to this Agreement when it is notified by
a Commission that a request to release Confidential Information
has been received by such body, at which time either of the
Parties may respond before such information woufd be made
public.
ArticJ.e 10. Disputes
10.1 The Parties agree to attempt to resolve al-I disputes
arising out of the interconnection process according to the
provisions of this articl-e.
I0.2 In the event of a dispute, either Party shall provide the
other Party with a written Notlce of Dispute. Such Notice shall
describe in detail the nature of the dispute.
10.3 Each Party agrees to conduct all negotiations in good faith
and wiII be responsibl-e for one-half of any costs paid to
neutral third-parties.
10.4 If the attempted dispute resolution fails,
Party may exercise whatever rights and remedies
equity or faw consistent with the terms of this
then eitherit may have in
Agreement.
Article 11. Taxes
11.1 The Parties agree to follow all applicable tax faws and
regulations, consistent with Appllcable Laws and Regulations,
and Internal Revenue Service requirements.
1,1,.2 Each Party shal-l- cooperate with the other to maintain the
other Partyrs tax status. Nothing in this Agreement is intended
to adversely affect the Transmission Provider's tax exempt
status with respect to the issuance of bonds including, but not
limited to, local furnishing bonds.
Artic].e 12. M:isce].laneous
1,2.1, Governing Law, Regu
QFSGIA-Page 3l
l-atorv Authoritv, and Ru1es
The validity, interpretation and enforcement of this Agreement
and each of its provisions shall be governed by the l-aws of the
state of ldaho, without regard to its conflicts of law
principles. This Agreement is subject to al-l Applicable Laws and
Regulations. Each Party expressly reserves the right to seek
changes in, appeal, or otherwj-se contest any laws, orders, ot
regulations of a Governmental Authority.
1,2.2 Amendment
The Parties may amend
duly executed by both
Agreement.
this Agreement by a written instrumentParties, or under article L2.L2 of this
1,2.3 No Third-Party Beneficiari-es
This Agreement is not intended to and does not create rights,
remedies, or benefits of any character whatsoever in favor of
any persons, corporations, associations, or entities other than
the Parties, and the obligations herein assumed are sole1y for
the use and benefit of the Parties, their successors j-n interest
and where permitted, the j-r assigns.
L2 .4 Viaiver
12.4.1 The failure of a Party to this Agreement toinsj-st, on any occasion, upon strict performance
of any provision of this Agreement will not be
considered a waiver of any obligation, right, or
duty of, or imposed upon, such Party.
12.4.2 Any waiver at any time by either Party of its
rights with respect to this Agreement sha1l not
be deemed a continuing waiver or a waiver with
respect to any other failure to comply with any
other obligation, right, duty of this Agreement.
Termination or default of this Agreement for any
reason by Interconnection Customer shal-I not
constitute a waiver of the Interconnection
Customer's legaI rights to obtain an
interconnection from the Transmission Provider.
Any waiver of this Agreement shal1, Lf requested,
be provj-ded in writing.
12.5 Entire Agreement
QFSGIA -Page32
This Agreement, including aI1 Attachments, constitutes the
entire agreement between the Parties with reference to the
subject matter hereof, and supersedes all prior and
contemporaneous understandings or agreements, oral or written,
between the Parties with respect to the subject matter of this
Agreement. There are no other agreements, representations,
warranties, or covenants which constitute any part of the
consj-deration for, or any condition to, either Partyrs
compliance with its obligations under this Agreement.
12. 6 Multiple Counterparts
This Agreement may be executed in two or more counterparts, each
of which is deemed an original but all constitute one and the
same instrument-
12.7 No Partnershj-p
Thls Agreement shall not be j-nterpreted or construed to create
an association, joint venture, agency relationship, or
partnership between the Parties or to impose any partnership
obligation or partnership liability upon either Party. Neither
Party shall have any right, power or authority to enter into any
agreement or undertaking for, or act on behalf of, or to act as
or be an agent or representative of, or to otherwise bind, theother Party.
t2 .8 Severabil-ity
If any provision or portion of this Agreement shal-I for any
reason be held or adjudged to be invalid or illegal or
unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shal-l be
deemed separate and independent, (2) the Parties shall negotj-ate
in good faith to restore insofar as practicable the benefits to
each Party that were affected by such ruJ-ing, and (3) the
remainder of this Agreement shall remain in fu1l force and
effect.
12.9 Security Arrangements
Infrastructure security of electric system equipment and
operations and control hardware and software is essential to
ensure day-to-day reliability and operational security.
Transmission Provider and Interconnection Customer shall complywith the reconrmendations offered by the President's CriticalInfrastructure Protection Board and, eventually, best practice
QFSGIA - Page 33
recommendations from the electric reliabillty authority. AI1public utilities are expected to meet basic standards for systeminfrastructure and operational security, including physical,
operational, and cyber-security practices.
1-2 . L0 Environmental- Releases
Each Party shall notify the other Party, first ora1ly and then
in writing, of the release of any hazardous substances, aDy
asbestos or lead abatement activities, or any type of
remediation activities related to the Smal-l- Qualifying Facility
or the Interconnection Facilities, each of which may reasonably
be expected to affect the other Party. The notifying Party shall(1) provide the notice as soon as practicable, provided such
Party makes a good faith effort to provide the notice no later
than 24 hours after such Party becomes aware of the occurrence,
and (2) promptly furnish to the other Party copi-es of anypublicly avail-able reports fil-ed with any governmental-
authorities addressing such events.
1-2.1-].Subcontractors
Nothing in this Agreement shall prevent a Party from utilizLng
the services of any subcontractor as it deems appropriate to
perform its obligations under this Agreement; provj-ded, however,
that each Party shalI require its subcontractors to comply with
all applicable terms and conditions of this Agreement in
providing such services and each Party shall remain primarily
1j-ab1e to the other Party for the performance of such
subcontractor.
1_2.tt.t The creation of any subcontract relationship
shall not relieve the hiring Party of any of its
obligations under this Agreement. The hiring
Party shall- be fulIy responsible to the other
Party for the acts or omissions of any
subcontractor the hiring Party hires as if no
subcontract had been made; provided, however,
that in no event shall- the Transmission Provider
be I1abIe for the actions or inactions of the
Interconnection Customer or its subcontractors
with respect to obligations of the
Interconnection Customer under this Agreement.
Any applicable obligation imposed by this
Agreement upon the hiring Party shall be equally
binding upon, and shall be construed as having
application to, dily subcontractor of such Party.
QFSGIA -Page34
12 -71-2 The obligations under thls article will- not be
limited in any way by any llmitation of
subcontractor' s insurance.
1,2.1,2 Reservation of Riqhts
The Transmission Provider shal-I have the rlght to make a
unilateral filing with any regulatory agency having jurisdiction
over this Agreement with respect to any rates, terms and
condj-tions, charges, classifications of service, ru1e,
regulation or statute, and the Interconnection Customer shalI
have the right to make a unilateral filing with such regulatory
agency to modify this Agreement; provided that each Party shal-I
have the right to protest any such filing by the other Party and
to participate fu11y in any proceeding in which such
modifications may be considered. Nothing in this Agreement shall
l-imit the rights of the Parties, except to the extent that the
Parties otherwise agree as provided herein.
Article 13. Notices
13.1 General
Unless otherwise provided in this Agreement, any written notice,
demand, or request required or authorized in connection with
this Agreement ("Noticerr) shaIl be deemed properly given if
delivered in person, delivered by recognized national currier
service, or sent by first class maiI, postage prepaid, to the
person specified below:
If to the Interconnectlon Customer:
Interconnection Customer: Mink Creek Hydro,
Attention: Jake Fackrel-1
Address: PO Box #1City: PrestonPhone: 949-677-5629
Email: jakefackrellT6Gqmail. com
If to the Transmission Provider:
Transmj-ssion Provider: PacifiCorpAttention: PacifiCorp Transmissj-on
Address: 825 N.E. Multnomah St., Suite 550
City: Port1and State: Oregon Zip: 91232
Phone: [phone] Fax: [phone]
State: fD
LLC
Zrp: 83263
QFSGIA- Page 35
L3.2 Billinq and Parrment
Billings and payments shall be sent to the addresses set out
below:
Interconnection Customer: Mink Creek Hydro, LLCAttention: Jake Fackrell
Address: PO Box #1City:Preston State: ID Zip:83263
Phone: [phone]
Email- : i akefackrellT 6Gqmail . com
Transmission Provider: PacifiCorp
US Mail Deliveries:PacifiCorp TransmissionAttn: Central
PO Box 2'7 51
Portland, OR
Cashiers Office
97 208-27 s7
Other Deli-veries: Central Cashier OfficeAttn: PacifiCorp Transmission Services
825 NE Multnomah St. , Suite 550
Portland, OR 97232-0001
Phone Number: 503-81.3-677 4
l-3.3 Al-ternative Forms of Notice
Any notice or request required or permitted to be given byeither Party to the other and not required by this Agreement to
be given in writing may be so given by telephone, facsimile or
e-mail to the telephone numbers and e-mail addresses set out
below:
If to the Interconnection Customer:
InterconnectionAttention: Jake
Address: PO Box
Customer: Mink Creek Hydro, LLC
FackreIl
#1-
City:
Phone:
Email:
Preston State: ID
949-677 -5629
'j akefackrellT 6Ggmail com
1f to the Transmission Provider:
Director, Generation Interconnection
Manager, Transmission Scheduling
Zip: 83263
s 03-81,3-6496
s03-B 13-6958
QFSGIA - Page 36
Manager, Contract Administratj-on
Transmission Business Facsimile
503-8 L3-547 6
50 3-8 1 3-68 93
OASIS Address:
http: / /www. oasis. pacificor p. com/oasis /ppw/main . htmlx
13.4 Designated Operating Representative
The Parties may also designate operating representatives to
conduct the communications which may be necessary or convenientfor the administration of this Agreement. This person will also
serve as the point of contact with respect to operations and
maintenance of the Party's facilities.
fnterconnection Customer' s Operating
Interconnection Customer: Mink CreekAttention: Jake Fackrell
Address: PO Box #1
City:Preston State: ID Zipz 83263
Phone z 949-677-5629
Email : j akefackrelIT6GgmaiI. com
Transmission Provider' s Operating Representative:
Transmission Provider: PacifiCorpAttention: Manager Grid Operations
Address: 9951 S.E, Ankeny St.City: Portland State:_Oregon Zip: 97216
Phone: [phone] Fax: [phone]
13.5 Changes to the Notice Information
Either Party may change this information by giving
Days written notice prior to the effective date of
Representative:
Hydro, LLC
five Businessthe change.
QFSGIA -Page37
Artl.cl'c 1{. 9igarturoa
IN i{ITNESS WHEREOP, the Parties have caused this Agreement to be
executed by their respective duly authorized representatlves.
For the Transmission, &fpU**gA
Rick VailE,*.**Name z t/ ltr]at{u
Rick Val1Title: VP, Transmission
Date:02/L4/2022
For the Inte c Customer:
Name:
Creek ManagerTltle:
Date:0u1012v22
QFSOIA-Page 38
Attachment 1 to QFSGIA
Glossary of Terms
Affected System - An electric system other than the Transmission
Provider's Transmission system and/or Distribution System that
may be affected by the proposed interconnection.
AppJ'icabJ.e Laws and Regulations - AlI duly promulgated
applicable federal, state and local laws, reguJ-ations, rules,
ordinances, codes, decrees, judgments, directives, or judicial
or admj-nistrative orders, permits and other duly authorized
actj-ons of any Governmental Authority.
Business Day -Holidays.
Monday through Eriday, excluding Federal
Defau].t -
under the
Agreement
The fail-ure of a breaching Party to
Qualifying Facility Small- Generator
cure its breach
Interconnection
Distribution Systen - The Transmission Provider's facllities and
equipment used to transmj-t electricity to ultimate usage point.s
such as homes and industries directly from nearby generators or
from interchanges with higher voltage transmission networks
which transport bulk power over longer distances. The voltage
level-s at which Distribution Systems operate differ among areas.
Distribution Upgrades - The additions, modifications, and
upgrades to the Transmission Provi-der's Distributj-on System at
or beyond the Point of Interconnection to facilitate
interconnection of the Smal-I Qualifying Facility and render the
transmission service necessary to effect the Interconnection
Customerrs sale of electricity under PURPA. Distribution
Upgrades do not include Interconnection Facilities.
Good Utility Practice - Any of the practices, methods and acts
engaged in or approved by a significant portion of the el-ectric
industry during the relevant time period, or any of the
practices, methods and acts whlch, in the exercise of reasonable
judgment in Iight of the facts known at the time the decision
was made, could have been expected to accomplish the desj-red
result at a reasonable cost consistent with good businesspractices, reliability, safety and expedition. Good Utility
Practice is not intended to be Iimited to the optimum practice,
method, or act to the exclusion of all- others, but rather to be
acceptable practices, methods, or acts generally accepted in the
region.
Governrnental Authority - Any federal, state, local or other
governmental regulatory or administrative agency, court,
commission, department, board, or other governmental
subdj-vision, legislature, rulemaking board, tribunal, or other
governmental authority having jurisdiction over the Parties,
their respective facilities, or the respective services they
provide, and exercising or entitl-ed to exercise anyadministrative, executive, police r oL taxing authority or power;
provided, however, that such term does not include thefnterconnection Customer, the Interconnection Provj-der, or any
Affiliate thereof.
Interconnection Customer - Any entity, includlng the
Transmission Provlder, the Transmission Owner or any of theaffiliates or subsidiaries of either, that proposes to
interconnect its Small- Qualifying FaclJ-ity with the Transmission
Provider's Transmission system and/or Distribution System.
Interconnection Facilities - The Transmission Provider's
Interconnection Facilities and the Interconnection Customer's
Interconnection Facl]ities. ColIectiveIy, fnterconnection
Facilities include aIl- facj-lities and equipment between the
SmalI Qualifying Facility and the Point of Interconnection,
including any modification, additions or upgrades that are
necessary to physically and electrically interconnect the Small-
Qualifying Facility to the Transmission Provider's Transmission
system and/or Distri-butj-on System. Interconnection Facil-ities
are sole use facllities and shalI not include Distribution
Upgrades or Network Upgrades.
Interconnection Request - The fnterconnection Customer's request
to interconnect a new Smal-I Qualifying Facility, or to increase
the capacity of, or make a Material Modificatlon to the
operating characteristics of, an existing Small Qual-ifyingFacility that is interconnected with the Transmission Provider's
Transmission system and/or Distribution System.
Materia]. Modification - A modification that has a material-
impact on the cost or timing of any Interconnection Request with
a l-ater queue priority date.
Net Metering Statute - A state statute governing the
interconnection terms associated with net metering.
Network Upgrades - Additions, modlfications, and upgrades to the
Transmission Provider's Transmission System required at or
beyond the point at which the Sma1l Qualifying Eacility
interconnects with the Transmission Provider's Transmisslon
System to accommodate the interconnection of the Small
Qualifying Eacility with the Transmission Provider's
Transmission System. Network Upgrades do not include
Distribution Upgrades.
Operating Requirenents - Any operating and technical
reguirements that may be applicabl-e due to Regional Transmission
Organization, Independent System Operator, control area, or the
Transmission Provi-der's requirements, including those set forth
in the Qualifying Facility SmaII Generator Interconnection
Agreement.
Party or Parties - The Transmission Provider, Transmission
Owner, Interconnectj-on Customer or any combination of the above.
Point of Interconnection - The polnt where the Interconnection
Eacil-ities connect with the Transmission Provider's Transmission
system and/or Distribution System.
Reasonable Efforts - With respect to an action required to be
attempted or taken by a Party under the Qualifying Facility
Small Generator Interconnection Agreement, efforts that are
timely and consistent with Good Utility Practice and are
otherwise substantially equivalent to those a Party would use to
protect its own interests.
Small Qualifying Facility - The fnterconnection Customer's
devj-ce for the production of electricity identifled in the
Interconnection Request, but shall- not include the
Interconnection Customer's fnterconnection Facilities. The
generating capacity of the Smal-I Qualifyj-ng Facility shal-1 not
exceed 20 megawatts. The Smal-1 Qualifying Eacility must meet
the requirements of a qual-ifying cogeneration facility or
qualifying sma11 power production facility within the meaning of
sections 201 and 210 of the Public Utility Regulatory Polj-cies
Act of 1918 (PURPA), 16 U.S.C. 796 and B24a-3.
fariffs - Any tariff of the Transmission Provider accepted or
approved by a state or federal regulatory agency, including, but
not limited to, the Transmj-ssion Provider's Open Access
Transmission Tariff, as amended or supplemented from time to
time, or any successor tariff.
Transnission Orner - The entity that owns, Ieases or otherwise
possesses an interest in the portion of the Transmission system
and/or Distribution System at the Point of Interconnection and
may be a Party to the Qualifying Facility Sma1l Generator
Interconnection Agreement to the extent necessary.
Transmission Provider - The public utitity (or its designated
agent) that owns, controls, or operates transmission or
distribution facilities interconnecting with the Smal1
Qualifying Facility The term Transmission Provider should be
read to include the Transmission Owner when the Transmission
Owner is separate from the Transmission Provider.
Transmission Systeu - The facilities owned, controlled or
operated by the Transmission Provider or the Transmission Owner
that are used to provide transmission service.
Upgrades - The required additions and modifications to the
Transmission Providerfs Transmission System or Distribution
system at or beyond the Point of Interconnection. Upgrades may
be Network Upgrades or Distribution Upgrades. Upgrades do not
include Interconnection Eacilities.
Attachnerrt 2 to QFSGIA
Description and Costs of the Snall Qualifying Facility,
Interconnection Facilities, and lletering Equipment
Small Qualifying Facility: A single Ideal Electric 3075 kVA synchronousgenerator/turbine for a total output limited to 2.95 MW.
Smal1 Generating Facility also contains a 12.5kV/4160V,(Z=5.9?)step-up transformer. The facility is located in
County, Idaho. See attachment 3.
The
5 MVA
Franklin
Interconnection Customer Interconneetion EaciJ'ities: A relaycontrolled recloser and disconnect switch. See Attachment 3.
Transmission Provider's Interconnection Facilities: Bi-
directional metering and a disconnect switch.
Estinated Cost of Transnission Provider' s InterconnectionFacilities: Estimated cost of Transmission Provider's
Interconnection Facilities directly assigned to Interconnectlon
Customer: $15,000
Esti-mated Annual. Operation and Maintenance Cost of TransmissionProvider's fnterconnection Facilities: $500. Interconnection
Customer shall be responsible for Transmission Provider's actualcost for maintenance of the Transmission Provider's
Interconnection Facilities.
Point of Interconnection: The point where the
Provider's Interconnection Facil-ities connect
out of Tanner substation. See Attachment 3.
Transmission
to circuit TNR11
Point of Change of Ownership: The point where the
Interconnection Customerrs fnterconnection Faci]ities connect tothe Transmission Provider's Interconnection Facilities. See
Attachment 3.
Attachnent 3 to QFSGIA
One-line Diagran Depicting ttre Sall Qualifying FeciliBl,
Intcrconnection FaciJ'ities, l[etcring Eguilnsnt, aad lpgrades
t-
L
all6 hrA
oTP176
MinkCrcek
Hy*o
5l/Nz-
clrlpof
at60 v
12.5 kV
Y
Frankln
SuHation
FoildhEoma*n
L
tla(/
fl
-.-' ->TotOlr.loarl
I
-4 RAio-------
11 ml.r
ac kv
Tenrrr
Substalion
DY
Lod
Attachuent 4 to QFSGIA
Milestones
In-Service Date: March 16 2023
Critical milestones and responsibility as agreed to by the
Parties:
Milestone/oate Responsible Party
Execute Interconnection Agreement
Interconnection Customer
February 25, 2022
Interconnection Customer Financial Security Provided
Interconnection Customer
February 25, 2022
*Interconnection Customer Initial Design Information Provided
fnterconnection Customer
March 11, 2022
Public Utility Engineering & Procurement Commences
Public Utility
Irlarch, 21, 2022
*Interconnecti-on Customer Final Design Information Provided
fnterconnection Customer
September 23, 2022
Public Utility Engineering Design Complete
Publ-ic Utility
November 4, 2022
Public Utility Construction CommencesUtility
January 16, 2023
Interconnection Customer Maintenance Plan Submitted
Interconnection Customer
February 3, 2023
Public Utility and Interconnection Customer
Parties
Construction Complete
PubIic
Both
March 3, 2023
Public Utility Commissioning Complete
Utllity
March 15, 2423
Public
Commercial Operation
Interconnection Custorner
March 16, 2023
Interconnection Customer to request in writing (email
acceptable) Backfeed, First Sync, and Commercial Operati-ons.
Transmission Provj-der to approve requests without undue deIay.
*Interconnection Customer initial design package shall includeradio system and relaying information. Interconnection Customerfinal design package shal1 include PE stamped issued for
constructj-on ('fFC") drawj-ngs for new j-nfrastructure to be
constructed.
Attachnent 5 to QFSGIA
Additional O;rerating Requirements for the Transn'ission
Providerrs Transmission Systen and/or Distribution Systen and
Affected Systens Needed to Support the Interconnection
Custonerrs Needs
The Transmissj-on Provider shall also provide requirements that
must be met by the Interconnection Customer prior to initiatingparallel operation with the Transmission Provider's Transmission
System and/or Distribution System.
Property Requirements
Interconnection Customer is required to obtain for the benefit of
Transmission Provider at fnterconnection Customer's sole cost and
expense all real property rights, including but not limited to fee
ownership, easements and/or rights of way, as applicable, forTransmissj-on Provider owned Facilities using TransmissionProvider's standard forms. Transmission Provider shalI not beobligated to accept any such real property right that does not, at
Transmission Provider's sole discretion, confer sufficient rightsto access, operate, construct, modify, maintain, place and removeTransmission Provider owned facilities or is otherwise not
conveyed using Transmission Provider's standard forms. Further,aI1 real property on which Transmission Provj-der's Facilities areto be Iocated must be environmental-Iy, physically andoperationally acceptabl-e to the Transmission Provider at its solediscretion.
Interconnection Customer is responsible for obtaining aI1 permits
required by aIl relevant jurisdictions for the project, includingbut not limited to, conditional use permits and construction
permj-ts; provided however, Transmission Provider shall obtain, atInterconnection Customer's cost and schedule risk, the permits
necessary to construct Transmissj-on Provider's Facilities that areto be located on real property currentl-y owned or held in fee orright by Transmission Provider.
Except as expressly waived in writing by an authorized officer ofTransmission Provider, aII of the foregoing permits and realproperty rights (conferring rights on real- property that is
environmentally, physically and operationally acceptable to
Transmission Provider) shall be acquired as provided herein as acondition to Transmj-ssion Provider's contractual obligation toconstruct or take possession of facil-ities to be owned by the
Transmission Provider under this Agreement. Transmission Provider
sha11 have no liability for any project delays or cost overruns
caused by delays in acquiring any of the foregoing permits and/orreal property rights, whether such delay results from the failure
to obtain such permj-ts or rights or the failure of such permits or
rights to meet the requirements set forth herein. Further, any
completion dates, if dny, set forth herein with regard to
Transmission Provider's obligations shall be equitably extended
based on the length and impact of any such delays.
As-Built Documentation
Within sixty (60) Calendar Days after the Commercial Operation
Date, unless the Parties agree on another mutually acceptable
deadline, Interconnection Customer sha1l deliver to Public Utility
"as-built" drawings, informatj-on and documents for the
Interconnection Customer's fnterconnection Facilities, such as: a
one-line diagram, site p1an, relay functional diagram, relaying AC
and DC schematlc wiring diagrams, relay settings and step-up
transformer documentation as applicable.
Relay and Control- Settj-ngs.
Interconnection Customer must a11ow the Transmission Provider to
hold all Level 2 relay passwords for any control and/or protective
device within their control at the Point of Interconnection and/or
Sma11 Qualifying Facility which directly impacts the Transmission
Provider's distribution and/or transmission systems. Level- 2
passwords are those which allow actual modifications to control
and/or relay settings. This will ensure the Transmission Provider
is aware of and approves any changes being made by the
Interconnection Customer. Furthermore; this will ensure there are
no negative impacts to the Transmission Provider's distribution
system, transmission system, or existing customer base. Should
the Interconnection Customer require modification to the settings
associated with control/protective devices connected to the
distribution and/or transmission system they will contact the
Transmission Provider and provide in writlng the justification
and/or need for the proposed modifications. This will a.l-Iow the
Transmission Provj-der time to analyze and ensure there are no
negative impacts to the associated connected systems and
customers. Any modifj-cations of control and/or relay settings
without review and acknowledgement of acceptance by Transmission
Provider will be considered a breach of interconnect agreement and
could Iead to permanent disconnection from the Transmj-ssj-on
Provider's system.
Attae.hent 6 to QFSGIA
frangu:iscion Providerrs Degcription of ita Qrgradcsand Best Estinrt of, Qpgradc Costr
Distribution Upgrades: Relaying and monitoring equipment in both
Tanner and Franklin substations.
Estimated Cost: $319,000
Network Upgrades: None
Contingent Facillties. As identified in the System Impact Study
for this project dated October 5, 202L the following upgrades
are required to be j-n-service prior to this project:
o None
Scope of Ylork
Generating Facility Modifications
The fol-lowing outlines the design, procurement,
instal-Iation, and ownership of equipment at the
Customer' s Generation FaclJ-ity.
IxrpncoNxscrroN Cusrorcn ro BE REspoNsrBr,u Fon
Attachment 7 to QFSGIA
construction,
Interconnection
Own and maintain the Interconnection Customer's
generating facility and associated collector
system.
Operate the Small- Generating Facility under
constant power factor mode with a unity power
factor setting unless specifically requested
otherwise by the Transmission Provider. The
Smal-I Generating Eacility is expressly
forbidden from actively participating in
voltage regulation of the PubIic Utilities
system without written request or authorization
from the Transmission Provider. The Smal-l-
Generating Facility shall- have sufficient
reactive capacity to enable the delivery of 100
percent of the plant output to the POI at unity
power factor measured at 1.0 per unit voltage
under steady state conditions.
Equip the Small Generating Eacility generators
capable of operating under voltage reactive
power mode, active power reactive power mode,
and constant reactive power mode as per IEEE
standard L541-201-8. Thi-s project sha1l be
capable of activating each of these modes one
at a time. The Transmissi-on Provi-der reserves
the right to specify any mode and settings
within the limits of IEEE standard 7541'20L8
needed before or after the Smal-l Generating
Facility enters service. The Tnterconnection
Customer shall be responsible for implementing
settings modifications and mode selections as
requested by the Transmission Provider within
an acceptable timeframe.
Operate the SmaII Generati-ng Facility under
constant power factor mode with a unity power
factor setting unless specifically requested
a
o
o
a
a
a
otherwise by the Transmission Provider. The
Small Generating Eacility is expressly
forbidden from actively participating in
voltage regulation of the Transmission
Provider's system without written request or
authorization from the Transmission Provider.
Operate the Smal-I Generating Facility so
minj-mum power qual-ity requirements in
PacifiCorp's Engineering Handbook section 1C
are met, the standards are available at
https t / /www. pacificpower. net/about/power-quality-standards. html. Requirements specified
in the System Impact Study that exceed
requirements in the Engineering Handbook
section 1C power qual-ity standards shal-I apply.
As per NERC standard VAR-001-1, the
Transmission Provider is required to specify
voltage or reactive power schedule at the Point
of interconnection. Under normal conditions,
the Transmission Provider's system should not
supply reactive power to the Smal-l Generating
Faci 1 ity.
Replace the Interconnection Customer's existing
relay/controller associated with its recl-oser
and install Schweitzer Engineering Laboratories
(*SEL") 351R or 651R unit to perform the
following functions:
o Detect f aults in the 1.2 .5 4 .1,6 kV
trans former
o Detect faul-ts on the 72.5 kV line to Tanner
substation
o Monitor the voltage and react to under or
over frequency, and /or magnitude of the
voltage
o Receive transfer trip from Tanner
substation
o Receive transfer trip from Franklin
Substation
o Disconnect the SmaIl- Generating Eacility
for any loss of communications of the
Interconnection Customer's communications
system of more than 1-8 cycles (0.3 seconds) .
Procure and instal-I a three phase set of voltage
instrument transformers on the Transmission
Provider side of the recloser.
a
o
a
Input the settings provided by the Transmission
Provider into the recl-oser relay.
Provide the Transmission Provider LeveI 2
password control of the recloser re1ay.
Design, construct, own and maintain a radio
system that can receive signals from the
Transmission Provider's Tanner and Eranklin
substation for transfer trip. This radio system
must be capable of receiving and implementing
the transfer trip signals in 18 cycles (0.3
seconds) or 1ess.
Install a UPS or backup battery system for the
Interconnection Customer radio system to provide
ride through power in the event of an
interruption of the AC power system.
Provlde the Transmission Provider a Professional
Engineer (*PE") stamped maintenance pJ-an for all
protective devices including the recloser/re1ay.
Tnar.rsurssroN PRoVTDER To BE REspoNsrBLE FoR
o Develop and provide the settings
recloser re1ay.
o Observe and provide acceptance
for Applicant's
of the relay
re1ay.
a
settings in the Applicant recloser
Other
The following outlines the design, procurement, construction,instal-Iation, and ownership of equipment past the Point of
Interconnect ion .
INtpncomrscrroN Cusrolcn ro BE RsspoNsrsr,e Fon
o Tanner Substation
o Design, construct, own and maintain a radio
system near the substation fence that can
send signals to the radlo system at the
SmalI Generating FaciIity. Thj-s radio
system must be capable of sending and
implementing the transfer trip signal in 18
cycles (0.3 seconds) or less.
o Instal-I Transmission Provider approved
fiber optic cable in conduit from the radio
to a point designated by the Transmission
Provider at or near the substation fence.
Leave a sufficient amount of cabl-e for the
Transmj-ssion Provlder to splice to its
o
cable running from the substation control
bu1lding.
o Coordinate with the Transmission Provider
on testing and commissioning of the
communications path between Tanner
substation and the SmaIl Generating
Facility.
o Procure permanent AC service to the
Interconnecti-on Customer' s radio equipment.
o Install a UPS or backup battery system for
the Interconnection Customer radio system
to provide ride through power in the event
of an interruption of the AC power system.
Franklin Substation
o Design, construct, own and maintaj-n a radio
system near the substation fence that can
send signals to the radio system at the
SmaIl- Generat j-ng Facility. This radio
system must be capable of sending and
implementing the transfer trip signal in 1B
cycles (0.3 seconds) or Iess.
o Install Transmj-ssion Provider approved
fiber optic cable j-n conduit from the radio
to a point designated by the Transmlsslon
Provider at or near the substation fence.
Leave a sufficient amount of cabl-e for the
Transmission Provider to splice to its
cable runnj-ng from the substation control
bullding.
o Coordinate with the Transmission Provider
on testing and commj-ss j-oning of the
communicatj-ons path between Tanner
substation and the Smal-l Generating
Facility.
o Procure permanent AC service to the
lnterconnection Customer' s radio equipment.
o Install a UPS or backup battery system for
the Interconnection Customer radio system
to provide ride through power in the event
of an i-nterruption of the AC power system.
fnexsurssroN PRovrppR To BE RssponstsLs Fon
Tanner Substation
o Procure and inst.aIl
transformers on the
breaker ("C8") 11.
voltage instrument
line side of circuit
a
a
a
o Procure and install a relay to detect
reversed current flow into the 4 6-L2.5 kV
transformer from the 12.5 kV side.o Set the overcurrent elements in the relayfor CB11 to directional-.o fnstall a dead line check control circuit
on CB11.
o Install fiber optic cable in conduit fromthe substation control building to thelocation of the Interconnection Customer'sfiber outside the substati-on fence andsplice the fibers.
o Install the necessary communications
equipment to facilitate the transfer trip
scheme through the communications systemto the Interconnecti-on Customer's Small
Generating Facility.
Franklin Substationo Procure and install a 46 kV CCVT.o Install a dead line check control- circuit
on CB41.
o Install fiber optic cable in conduit fromthe substati-on control building to thelocation of the Interconnection Customer'sfiber outside the substation fence andsplice the fibers.o Install the necessary communj-cations
equipment to facilitate the transfer trip
scheme through the communications systemto the Interconnection Customer's Small
Generating Facility.
Transfer Tripo Develop and implement a transfer trip
scheme to trip the Interconnection
Customer's Small Generating Eacilityoffline for the following conditions:r Opening of CB11 at Tanner substation. Opening of CB41 at Franklin
substation.! Faults in the 46-L2.5 kV transformerin Tanner substation.r Faults on the 46 kV line between
Franklin and Tanner substation.
Attachment 8 to QFSGIA
fnterconnection and Operating Requirenents
(see attached Policy 138)