CHAPTER 20:10:36
SMALL GENERATOR FACILITY INTERCONNECTION
Section
20:10:36:01 Scope and applicability.
20:10:36:02 Definitions.
20:10:36:03 Rules waiver.
20:10:36:04 Application for interconnection.
20:10:36:05 Commissioning or operation notice.
20:10:36:06 Application fees.
20:10:36:07 Term of interconnection.
20:10:36:08 Renewal of interconnection agreement.
20:10:36:09 Aggregating multiple generators.
20:10:36:10 Point of contact -- Information provided.
20:10:36:11 Modifications.
20:10:36:12 Site control documentation.
20:10:36:13 Right of access.
20:10:36:14 Multiple interconnections.
20:10:36:15 Isolation device.
20:10:36:16 Technical standard.
20:10:36:17 Cost responsibility -- General study costs.
20:10:36:18 Minor EDS modifications -- Cost responsibility.
20:10:36:19 Identification of interconnection facilities -- Cost responsibility.
20:10:36:20 Interconnection equipment cost responsibility.
20:10:36:21 System upgrades -- Cost responsibility.
20:10:36:22 Adverse system impacts -- Cost responsibility.
20:10:36:23 Study deposit.
20:10:36:24 Interconnection facilities deposit.
20:10:36:25 Billing and payment.
20:10:36:26 Insurance amounts.
20:10:36:27 Insurance requirements.
20:10:36:28 Proof of insurance.
20:10:36:29 Self-insurance.
20:10:36:30 Witness test -- Deficiencies in test.
20:10:36:31 Tier 1 interconnection requirements.
20:10:36:32 Tier 1 interconnection evaluation and screening criteria.
20:10:36:33 Tier 1 interconnection review procedures.
20:10:36:34 Tier 1 application completion.
20:10:36:35 Tier 1 application denial -- New application.
20:10:36:36 Tier 2 interconnection requirements.
20:10:36:37 Tier 2 interconnection evaluation and screening criteria.
20:10:36:38 Tier 2 interconnection review procedures.
20:10:36:39 Failure to meet tier 2 criteria -- Minor modifications.
20:10:36:40 Tier 2 application completion.
20:10:36:41 Tier 2 application denial.
20:10:36:42 Tier 3 interconnection.
20:10:36:43 Tier 3 interconnection screening criteria.
20:10:36:44 Tier 3 interconnection alternate evaluation and screening criteria.
20:10:36:45 Tier 3 interconnection review process.
20:10:36:46 Failure to meet tier 3 criteria -- Minor modifications.
20:10:36:47 Tier 3 interconnection approval.
20:10:36:48 Tier 3 interconnection denial.
20:10:36:49 Tier 3 interconnection completion.
20:10:36:50 Tier 4 interconnection.
20:10:36:51 Tier 4 interconnection review procedures.
20:10:36:52 Tier 4 interconnection scoping meeting.
20:10:36:53 Tier 4 interconnection feasibility study.
20:10:36:54 Tier 4 interconnection system impact study agreement.
20:10:36:55 Tier 4 interconnection system impact study.
20:10:36:56 Optional tier 4 interconnection system impact study results meeting.
20:10:36:57 Tier 4 interconnection facilities study agreement.
20:10:36:58 Tier 4 independent design and cost estimate.
20:10:36:59 Tier 4 interconnection approval.
20:10:36:60 Tier 4 interconnection denial.
20:10:36:61 Tier 4 interconnection completion.
20:10:36:62 Jurisdictional small generator facilities rated over ten megawatts.
20:10:36:63 Recordkeeping requirements.
20:10:36:64 Metering.
20:10:36:65 Monitoring.
20:10:36:66 Temporary disconnection due to emergency conditions.
20:10:36:67 Temporary disconnection due to routine maintenance.
20:10:36:68 Temporary disconnection due to a forced outage of the EDS.
20:10:36:69 Temporary disconnection due to adverse operating conditions.
20:10:36:70 Temporary disconnection due to unauthorized equipment modifications.
20:10:36:71 Termination.
20:10:36:72 Default.
20:10:36:73 Dispute resolution.
20:10:36:01. Scope and applicability. The rules in this
chapter govern the interconnection of small generator facilities in South
Dakota with an electric nameplate capacity of ten megawatts or less to the
electric distribution system of a public utility. The rules do not apply to
small generator facilities subject to the interconnection requirements of FERC
or a regional transmission organization. If a generation facility has an
electric nameplate capacity of more than ten megawatts that may be subject to
the commission's interconnection jurisdiction, this chapter may be used as the
basis for the interconnection process.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:02. Definitions.
Terms defined in SDCL 49-34A-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:
(1) "Adverse system impact," a
negative effect caused by the proposed interconnection that may compromise the
safety and reliability of an electric transmission and distribution system;
(2) "Affected system," an electric
transmission and distribution system not owned or operated by the
interconnecting public utility, which may experience an adverse system impact
from the proposed interconnection;
(3) "Applicant," a person who has
submitted an application to interconnect a small generator facility to a public
utility's EDS;
(4) "Application," a request to
interconnect a small generator facility with a public utility's EDS. An
application shall follow the standard forms on file with the commission;
(5) "Area network," a type of electric
distribution system served by multiple transformers interconnected in an
electrical network circuit in order to provide high reliability of service.
This term has the same meaning as the term "secondary grid network"
as defined in IEEE 1547, section 4.1.4;
(6) "Certificate of completion," a
certificate signed by the applicant and attesting that the small generator
facility is complete, meets the requirements contained in this chapter, and has
been inspected, tested, and certified as physically ready for operation. The
certificate of completion shall follow the standard form on file with the
commission;
(7) "Commissioning," the process by
which a facility is tested to verify if it functions according to design
objectives or specifications;
(8) "Electric nameplate capacity," the
net maximum electric output capability measured in watts, kilowatts, or
megawatts of a generator facility as designated by the facility's manufacturer;
(9) "Electrical service agreement,"
the agreement between a public utility and a customer providing for electricity
and ancillary services according to provisions of a tariff;
(10) "Electric distribution system
(EDS)," the facilities and equipment used to transmit electricity to
ultimate usage points;
(11) "Fault current," electrical
current that flows through a circuit and is produced by an electrical fault,
such as to ground, double-phase to ground, three-phase to ground,
phase-to-phase, and three-phase;
(12) "FERC," the Federal Energy
Regulatory Commission;
(13) "Field tested equipment,"
interconnection equipment that is identical to equipment that was approved, by
the public utility that interconnection is being requested from, for another
interconnection under a tier 4 study review and has successfully completed a
witness test within 36 months from the date of the submission of the current
application;
(14) "Good utility practice," a
practice, method, policy, or action engaged in or accepted by a significant
portion of the electric industry in a region which a reasonable utility
official would expect, in light of the facts reasonably discernable at the
time, to accomplish the desired result reliably, safely, and expeditiously;
(15) "IEEE 1547," standard 1547
published July 28, 2003, by the Institute of Electrical and Electronics
Engineers (IEEE) entitled "Standard for Interconnecting Distributed
Resources with Electric Power Systems";
(16) "IEEE 1547.1," standard l547.1
published July 1, 2005, by the Institute of Electrical and Electronics
Engineers (IEEE) entitled "Standard for Conformance Test Procedures for
Equipment Interconnecting Distributed Resources with Electric Power
Systems";
(17) "Interconnection agreement," an
agreement between an applicant or interconnection customer and the
interconnecting public utility that governs the connection of the small
generator facility to the public utility's EDS and the ongoing operation of the
small generator facility after it is connected to the system. An
interconnection agreement shall follow the standard form on file with the
commission;
(18) "Interconnection customer," a
person with a small generator facility that is interconnected to a public
utility in accordance with this chapter;
(19) "Interconnection equipment," a
group of components or an integrated system provided by the interconnection
customer to connect a small generator facility to a public utility's EDS,
including all interface equipment such as switchgear, protective devices,
inverters, or other interface devices. Interconnection equipment may be
installed as part of an integrated equipment package that includes a generator
or other electric source;
(20) "Interconnection facilities," the
facilities and equipment required by the electric utility to accommodate the
interconnection of a small generator facility to the public utility's EDS and
used exclusively to interconnect a specific small generator facility.
Interconnection facilities do not include system upgrades that may benefit the
public utility, other customers, other interconnection customers, or an owner
of an affected system;
(21) "Interconnection facilities
study," a study conducted by a public utility or a third-party consultant
retained by the public utility or the applicant that determines the additional
interconnection facilities and system upgrades required to interconnect the
small generator facility to the public utility's EDS, the cost of the
facilities and upgrades, and the time required to complete the interconnection;
(22) "Interconnection facilities study
agreement," a contract between the applicant and the interconnecting
public utility that provides a detailed scope and timeline for the
interconnection facilities study and a good faith, non-binding estimate of the
costs to perform the study. An interconnection facilities study agreement shall
follow the standard form on file with the commission;
(23) "Interconnection feasibility
study," a preliminary evaluation of the system impact and cost of
interconnecting the small generator facility to the public utility's EDS;
(24) "Interconnection feasibility study
agreement," a contract between the applicant and the interconnecting
public utility that provides a scope, timeline, and good faith, non-binding
estimate of the costs for the public utility to conduct an interconnection
feasibility study for the applicant. An interconnection feasibility study
agreement shall follow the standard form on file with the commission;
(25) "Interconnection request," an
applicant's submission of an application for interconnection to the EDS of a
public utility;
(26) "Interconnection service,"
service to an electric customer under which an on-site generating facility on a
customer's premises is connected to local distribution facilities;
(27) "Interconnection system impact
study," an engineering study performed by the public utility that
evaluates the impact of the proposed interconnection on the safety and
reliability of the EDS. The study focuses on the adverse system impacts
identified in the interconnection feasibility study and other potential
impacts, including those identified in the scoping meeting;
(28) "Interconnection system impact study
agreement," a contract between the applicant and the interconnecting
public utility that provides a statement of scope, timeline, and a good faith,
non-binding estimate of the cost to conduct an interconnection system impact
study. An interconnection system impact study agreement shall follow the
standard form on file with the commission;
(29) "Lab tested equipment,"
interconnection equipment which has been tested by the original equipment
manufacturer in accordance with IEEE 1547.1 and found to be in compliance with
the appropriate codes and standards referenced therein and is labeled and
listed by an NRTL. For interconnection equipment to gain status as lab tested
equipment, its use must fall within the use or uses for which the interconnection
equipment is labeled and listed by the NRTL, and the generator or other
electric source being utilized must be compatible with the interconnection
equipment and consistent with the testing and listing specified for the type of
interconnection equipment;
(30) "Line section," the portion of a
public utility's EDS connected to an interconnection customer and bounded by
automatic sectionalizing devices or the end of the distribution line;
(31) "Minor equipment modification," a
change to the proposed small generator facility, the output capacity of the
facility, or the proposed interconnection equipment that:
(a) Does
not affect the application of the screening criteria in tiers 1, 2, or 3;
(b) In
the public utility's reasonable opinion, does not have a material impact on
safety or reliability of the public utility's EDS or an affected system; and
(c) Does
not include a change in the electric nameplate capacity of an existing small
generator facility;
(32) "Nationally recognized testing
laboratory (NRTL)," a qualified private organization that performs
independent safety testing and product certification. Each NRTL shall meet the
requirements as set forth by the Occupational Safety and Health Administration
for an NRTL program;
(33) "Parallel operation" or
"parallel," a small generator facility that is connected electrically
to an EDS and the potential exists for electricity to flow from the small
generator facility to the EDS or for the small generator facility and the EDS
to simultaneously feed the same load;
(34) "Pending completed application,"
an application for interconnection of other small generator facilities or FERC
wholesale generators that the public utility has deemed completed but has not
yet reviewed or approved pursuant to applicable procedures;
(35) "Point of interconnection," the
point where the small generator facility is electrically connected to the
public utility's EDS;
(36) "Primary line," a distribution
line with an operating voltage greater than 480 volts;
(37) "Queue position," the order of a
completed application, relative to all other pending completed applications,
that is established based upon the date and time of the interconnecting public
utility's receipt of the completed application, including application fees;
(38) "Radial distribution circuit," a
circuit configuration in which independent feeders branch out radially from a
common source of supply;
(39) "Scoping meeting," an initial
meeting between representatives of the applicant and the interconnecting public
utility that is conducted for the purpose of discussing alternative
interconnection options, to exchange information, including any EDS data and
earlier study evaluations that would be reasonably expected to impact such
interconnection options, to analyze the information, or to determine the
potentially feasible points of interconnection;
(40) "Secondary line," a service line
subsequent to the public utility's primary line that has an operating voltage
of 480 volts or less;
(41) "Shared secondary line," a
service line subsequent to the public utility's primary line that has an
operating voltage of 480 volts or less that serves more than one customer;
(42) "Small generator facility," a
facility for the production of electrical energy that has an electric nameplate
capacity of ten megawatts or less and can operate in parallel with a public
utility's EDS;
(43) "Spot network," a type of
electric EDS that uses two or more inter-tied transformers protected by network
protectors to supply an electrical network circuit. A spot network may be used
to supply power to a single customer or a small group of customers;
(44) "System upgrade," an addition or
modification to the interconnecting public utility's EDS or to an affected system
that is required to accommodate the proposed interconnection. A system upgrade
does not include interconnection facilities;
(45) "Transmission line," a line owned
by the public utility and controlled or operated by either the public utility
or a regional transmission organization and defined by using guidelines
established by either FERC, the commission, or both, which is not part of the
public utility's distribution system or any generation system;
(46) "Witness test," the on-site
visual verification of the interconnection installation and commissioning as
required in IEEE 1547, sections 5.3 and 5.4. For interconnection equipment that
does not meet the definition of lab tested equipment, the witness test may, at
the discretion of the public utility, also include a system design and
production evaluation according to IEEE 1547, sections 5.1 and 5.2, as
applicable to the specific interconnection system technology employed;
(47) "Written notice," a required
notice sent by the public utility or applicant via electronic mail, if
electronic mail addresses are provided. If a party has not provided an
electronic mail address, or has requested in writing to be notified by United
States mail, or a party elects to provide written notice by United States mail,
then written notices from the party shall be sent via first class United States
mail. A party will be considered to have fulfilled its duty to respond under
these rules on the day it sends the written notice via electronic mail or
deposits such notice in first class mail. Each party will be responsible for
informing other parties of any change in its notification address.
Source: 35 SDR
305, effective July 1, 2009; 38 SDR 116, effective January 10, 2012.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
Reference: Standard 1547 for Interconnecting
Distributed Resources with Electric Power Systems, published on July 28,
2003; Institute of Electrical and Electronics Engineers. Copies may be obtained
from the Institute of Electrical and Electronics Engineers, 445 Hoes Lane,
Piscataway, New Jersey, 08854 or at http://www.ieee.org/portal/site.
Cost: $89.
Reference: Standard 1547.1 for Conformance Test
Procedures for Equipment Interconnecting Distributed Resources with Electric
Power Systems, published on July 1, 2005; Institute of Electrical and
Electronics Engineers. Copies may be obtained from the Institute of Electrical
and Electronics Engineers, 445 Hoes Lane, Piscataway, New Jersey, 08854 or at http://www.ieee.org/portal/site.
Cost: $89.
20:10:36:03. Rules
waiver. Any public utility, applicant, and interconnection customer,
subject to the rules in this chapter, may mutually agree to waive all rules
except ยง 20:10:36:16. If agreement cannot be reached, and for good cause
shown, a party may request the commission waive any of the rules in this
chapter.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:04. Application for interconnection. A public
utility shall require an applicant who wants to interconnect, make a capacity
change, or change the status of a proposed or operating facility to submit an
application to the public utility that owns and operates the EDS to which
interconnection is sought. Each public utility shall review all interconnection
requests submitted to the public utility at its authorized mailing address.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:05. Commissioning or operation notice. A public
utility shall require the applicant to provide commissioning notice or notice
of intent to begin operations of a small generation facility to the public
utility. A tier 1 application shall provide 10 business days notice. A tier 2,
tier 3, or tier 4 application shall provide 20
business days notice.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:06. Application fees. The public utility shall
require a non-refundable application processing fee for each application. The
amount of the fee is dependent upon the review tier requested in the
application and is intended to cover reasonable costs for processing, minor
study, and evaluation of the application. Any application requiring a detailed
study and engineering evaluation may incur costs that are not covered by the
application fee. Before any costs above the application fee are assessed, the
applicant must authorize the public utility to continue by assuming
responsibility for the additional costs, or the application will be considered
withdrawn and the original application fee forfeited.
The application fees are as follows:
(1) Tier 1: $50;
(2) Tier 2: $50 plus $1 per kilowatt of rated
generation output up to a maximum of $500;
(3) Tier 3: $100 plus $2 per kilowatt of rated
generation output up to a maximum of $1,000; and
(4) Tier 4: $100 plus $2 per kilowatt of rated
generation output up to a maximum of $1,000.
If an application fails to receive approval at one review
tier and makes a subsequent application for the same facility at a different
tier within the time frame for preserving the queue position, the original
application fee and any other fees paid in conjunction with the original
application will be applied to the fees for the updated application. By mutual
agreement, the review process can move directly to the next tier without filing
a separate formal application.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:07. Term of interconnection. Interconnection of
a small generator facility is considered to be in effect for a period of up to
20 years at the interconnection customer's option, unless terminated earlier by
the default or voluntary termination by the interconnection customer or by
action of the commission. Any interconnection agreement entered into before the
effective date of this rule shall remain in effect until the term of the
agreement expires.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:08. Renewal of interconnection agreement. The
public utility may not unreasonably refuse to grant an expedited review of a
request to renew an interconnection agreement. If the conditions on the EDS are
essentially the same as when the agreement was originally approved, the public
utility may waive all or part of the application fee if fewer expenses are
incurred in renewing the application, provided that the facility has not
undergone anything other than minor equipment modifications, as determined by
the public utility, since the expired agreement was approved.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:09. Aggregating multiple generators. If the
interconnection request is for a small generator facility that includes
multiple small generator facilities at a site for which the applicant seeks a
single point of interconnection, the application shall be evaluated for the
purpose of the interconnection on the basis of the aggregate electric nameplate
capacity of the multiple small generator facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:10. Point of contact -- Information provided.
The public utility shall designate a point of contact from which information on
the application process and the public utility's EDS may be obtained. Unless
providing the materials would violate security requirements, confidentiality
obligations, or be contrary to state or federal regulations, the information
shall include studies and other materials useful to an understanding of the
feasibility of interconnecting a small generator facility at a particular point
on the public utility's EDS. Subject to any confidentiality agreements as may
be required to protect the confidential or proprietary information interests of
the public utility or third parties, the public utility shall comply with
reasonable requests for access to or copies of such studies.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:11. Modifications. Once an application is
received by the public utility and a queue position is assigned, for any
modification to the application, other than a minor equipment modification, the
public utility may require that a new application be submitted and the original
queue position be relinquished. If, after an interconnection agreement has been
entered, the interconnection customer wants to modify the small generator
facility, other than a minor equipment modification, the public utility may
require that a new application must be submitted and approved before the
proposed modifications may take place.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:12. Site
control documentation. Documentation of site control must be available. If
the applicant is not currently a customer of the public utility, site control
documentation shall be provided with the application. Site control may be
demonstrated through ownership of, a leasehold interest in, or an option or
other right to develop a site for the purpose of constructing the small
generator facility. Site control may be documented by a property tax bill,
deed, a lease agreement, or other legally binding contract.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:13. Right of access. The public utility shall
have access to the applicant's or interconnection customer's premises for any
reasonable purpose in connection with the interconnection application,
interconnection agreement, or if necessary to meet the legal obligation to
provide service to the utility's customers. Access must be requested at
reasonable hours and upon reasonable notice, or at any time without notice in
the event of an emergency or hazardous condition.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:14. Multiple interconnections. The public
utility may propose to interconnect more than one small generator facility at a
single point of interconnection in order to minimize costs, and may not
unreasonably refuse a request to do so. However, an applicant or an
interconnection customer may elect to pay the entire cost of separate
interconnection facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:15. Isolation
device. If required by the public utility, a small generator facility must
be capable of being isolated from the public utility. When isolation is
required, a small generator facility shall do so in one of the following ways:
(1) For a small generator facility
interconnecting to a primary line, the isolation shall be by means of a
lockable, visible-break isolation device readily accessible by the public
utility;
(2) For a small generator facility
interconnecting to a secondary line, the isolation shall be by means of a
lockable isolation device whose status is clearly indicated and is readily
accessible by the public utility;
(3) All other interconnection isolation devices
shall be installed, owned, and maintained by the owner of the small generator
facility and be capable of interrupting the full load of the small generator
facility and shall be located between the small generator facility and the
point of interconnection.
Alternatively, the applicant or interconnection customer
may elect to provide the public utility access to an isolation device that is
contained in a building or area that may be unoccupied and locked or not
otherwise readily accessible to the public utility by providing a lockbox
capable of accepting a lock provided by the public utility that will provide
ready access to the isolation device. The applicant or interconnection customer
must affix a placard in a location acceptable to the public utility that
provides clear instructions to the utility's operating personnel on how to gain
access to the isolation device.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:16. Technical standard. The technical standard
to be used in evaluating all applications shall be IEEE 1547. If a public
utility wants to use other standards in addition to IEEE 1547, it may do so
only after seeking and being granted a waiver from the commission.
The public utility shall require the applicant or
interconnection customer to construct, own, operate, and maintain its small
generator facility and associated interconnection facilities in accordance with
the provisions of IEEE 1547, the safety standards required therein, and
reasonable safety and reliability standards required by the commission.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:17. Cost responsibility -- General study costs.
Whenever additional studies are required, the public utility shall require the
applicant to pay the additional, actual study costs above what is covered by
the initial application fee.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:18. Minor
EDS modifications -- Cost responsibility. Minor modifications to the
existing EDS identified by the public utility under a tier 2 or tier 3 review
are considered minor EDS modifications. Changing meters, fuses, or relay
settings are minor modifications. The public utility shall decide what
constitutes other minor EDS modifications. The applicant is responsible for the
costs of making minor EDS modifications as may be necessary to gain approval
from the public utility.
Source: 35 SDR 305,
effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:19. Identification of interconnection facilities --
Cost responsibility. The public utility shall identify under the review
procedures of a tier 2 review or under a tier 4
facilities study, the interconnection facilities necessary to safely interconnect
the small generator facility with the public utility. The public utility shall
itemize the interconnection facilities for the applicant, including the cost of
the facilities and the time required to build and install those facilities. The
public utility shall require the interconnection customer to be responsible for
the cost of the interconnection facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:20. Interconnection equipment cost responsibility.
The public utility shall require the interconnection customer to be responsible
for all expenses, including overheads, associated with owning, operating,
maintaining, repairing, and replacing its interconnection equipment.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:21. System upgrades -- Cost responsibility. The
public utility shall design, procure, construct, install, and own any system
upgrades. The actual cost of the system upgrades, including overheads, shall be
directly assigned to the applicant or interconnection customer by the public
utility.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:22. Adverse system impacts -- Cost responsibility.
The public utility is responsible for identifying adverse system impacts on any
affected systems and for determining what mitigation activities or upgrades may
be required to accommodate a small generator facility. The actual cost of any
actions taken to address the adverse system impacts, including overheads, shall
be directly assigned to the applicant or interconnection customer by the public
utility. If allowed by the commission, the applicant or interconnection
customer may be entitled to financial compensation from other public utility
customers or other interconnection customers who, in the future, utilize the
upgrades paid for by the applicant or interconnection customer. Compensation
may only be required if a future customer utilizes the upgrades within five
years from the date the upgrades were completed.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:23. Study deposit. The public utility may
require a deposit of no more than 50% of the cost estimate for all studies.
However, the deposit may not exceed $1,000 for small generator facilities
proposing to interconnect 500 kilowatts or less. The deposit shall be paid in
advance by the applicant for studies necessary to complete an interconnection
to the EDS.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:24. Interconnection facilities deposit. The
public utility may require a deposit of not more than 50% of the estimated
costs for interconnection facilities necessary to complete an interconnection
to the EDS. However, the deposit may not exceed $10,000 for small generator
facilities proposing to interconnect 500 kilowatts or less. The deposit shall
be paid in advance by the applicant for facilities necessary to complete an
interconnection to the EDS.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:25. Billing and payment. Progress billing, final
billing, and payment schedules shall be agreed to by the parties prior to
commencing work.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:26. Insurance amounts. At a minimum, in
connection with the interconnection customer's performance of its duties and
obligations under the interconnection agreement, the public utility shall
require the interconnection customer to maintain, during the term of the
agreement, general liability insurance at the following levels:
(1) Tier 1: Proof of adequate homeowners,
general liability, or commercial liability insurance sufficient to insure
against all reasonably foreseeable direct liabilities given the size of the
small generator facility;
(2) Tier 2: Proof of insurance up to a maximum
of $500,000 per public utility request; or
(3) Tiers 3 and 4: Proof of insurance up to a
maximum of $1,000,000 per public utility request.
The general liability insurance shall include coverage
against claims for damages resulting from bodily injury, including wrongful
death, and property damage arising out of the interconnection customer's
ownership or operation, or both, of the small generator facility under the
agreement.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:27. Insurance requirements. By endorsement to
the policy or policies, the general liability insurance required pursuant to
ยง 20:10:36:26 shall include the following:
(1) The public utility as an additional insured;
(2) A severability of interest clause or
cross-liability clause;
(3) A provision that the public utility may not
by reason of its inclusion as an additional insured incur liability to the
insurance carrier for the payment of premium for the insurance; and
(4) A 30 calendar days' written notice to the
public utility prior to cancellation, termination, alteration, or material
change of the insurance.
If the small generator facility is connected to an account
receiving residential service from the public utility and the small generator
facility's total generating capacity is 10 kilowatts or smaller, then the
endorsements required above do not apply.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:28. Proof of insurance. The interconnection
customer shall furnish the required insurance certificates and endorsements to
the public utility prior to the initial operation of the small generator
facility. Evidence of the insurance shall state that coverage provided is
primary and is not excess to or contributing with any insurance or
self-insurance maintained by the public utility. Thereafter, the public utility
has the right to periodically inspect or obtain a copy of the original policy
or policies of insurance.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:29. Self-insurance. If the interconnection
customer is self-insured with an established record of self-insurance, the
interconnection customer may comply with the self-insurance requirements of
this section in lieu of those required by ยง 20:10:36:26. At least 30 days
prior to the date of initial operation, the interconnection customer shall
provide to the public utility evidence of an acceptable plan to self-insure to
a level of coverage equivalent to that required under ยง 20:10:36:26.
If an interconnection customer ceases to self-insure to the
required level or if the interconnection customer is unable to provide
continuing evidence of its ability to self-insure, the interconnection customer
shall immediately obtain the coverage otherwise required by this chapter.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:30. Witness
test -- Deficiencies in test. The public utility has the option of
conducting a witness test at a mutually agreeable time within 10 business days
of the scheduled commissioning of the small generator facility. If the public
utility does not conduct the witness test within 10 business days of the
scheduled commissioning date, or within the time otherwise mutually agreed upon
by the parties, or if the public utility notifies the applicant of its intent
not to perform the test, the witness test is considered waived.
If the witness test is conducted and is not acceptable to
the public utility, the applicant shall be allowed a period of 30 calendar days
to resolve any deficiencies. A request for extension may not be unreasonably
denied by the public utility. The parties may mutually agree to extend the time
period for resolving any deficiencies. If the applicant fails to resolve the
deficiencies to the satisfaction of the public utility within the agreed upon
time period, the application is considered withdrawn.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:31. Tier 1 interconnection requirements. The
public utility shall use the tier 1 review procedures for a small generator
facility application that meets the following requirements:
(1) The proposed facility is inverter-based;
(2) The proposed facility has an electric
nameplate capacity of 10 kilowatts or less;
(3) The proposed facility will use lab tested
equipment only; and
(4) The proposed point of interconnection is not
to a transmission line.
A public utility may not impose additional requirements to
a tier 1 interconnection application.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:32. Tier 1 interconnection evaluation and screening
criteria. A tier 1 interconnection shall use the following evaluation and
screening criteria:
(1) For interconnection of a proposed small
generator facility to a radial distribution circuit, the aggregated generation
must not exceed 15 percent of the line section annual peak load as most
recently measured at the sub-station or calculated for the line section.
Aggregated generation includes the proposed small generator facility, FERC
wholesale generators, and FERC wholesale generators with a higher queue
position;
(2) For interconnection of a proposed small
generator facility to the load side of spot network protectors, the proposed
small generator facility and the aggregated other generation and applications
with a higher queue position must not exceed the lesser of 5 percent of a spot
network's maximum load or 50 kilowatts;
(3) If the proposed small generator facility is
to be interconnected on a single-phase shared secondary service line, the
aggregated generation capacity on the shared secondary, which includes the
proposed small generator facility and applications with a higher queue
position, must not exceed 20 kilowatts; and
(4) If the proposed small generator facility is
single-phase and is to be interconnected on a center tap neutral of a 240 volt
service line, its addition must not create a current imbalance between the two
sides of the 240 volt service of more than 20 percent of the nameplate rating
of the service transformer.
The proposed interconnection must use existing public
utility facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:33. Tier 1 interconnection review procedures.
The applicant shall submit a tier 1 application and appropriate fees to the
public utility at its designated address. Application forms are available from
the commission.
Within 3 business days of receipt of the application, the
public utility shall provide written acknowledgement of receipt and the start
date of the review to determine if the application is complete. Within 10
business days of receipt of the application, the public utility shall inform
the applicant that the application is either complete or incomplete. If the
application is incomplete, the public utility shall indicate the missing
information. In the event the applicant does not receive notification, the
applicant may contact the public utility to determine the status of the
application. If the public utility notified the applicant that the application
is incomplete, the applicant shall provide the required information within 20
business days or the application is considered to be withdrawn.
If the public utility does not have a record of receipt of
the application, the applicant shall provide the public utility with an
additional copy of the application. If the applicant can demonstrate that the
original completed application was delivered to the electric utility, the
public utility shall determine if the application is complete or incomplete in
5 business days.
Once the public utility finds the application is complete,
it shall assign the project a queue position. The queue position of each
application is used to determine any potential adverse system impacts of the
proposed small generator facility based on the relevant screening criteria. The
applicant shall proceed under the time frames of this section. The public
utility may schedule a scoping meeting to notify the applicant about other
higher-queued applications including FERC wholesale generator interconnection
applications on the same radial line or spot network to which the applicant is
seeking interconnection.
If, in the process of evaluating a completed application,
the public utility determines that supplemental or clarifying information is
required, the public utility shall request the information from the applicant.
The time required for the receipt of the additional information may extend the
time necessary to complete the evaluation, but only to the extent of the time
required for the receipt of the additional information. The public utility may
not alter the applicant's queue position.
The public utility's review of the application shall be
completed within 15 business days from the date the application is determined
complete. The public utility shall notify the applicant whether the small
generator facility meets the screening criteria.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:34. Tier 1 application completion. The tier 1
interconnection process is complete when:
(1) The application has passed the tier 1
screening criteria;
(2) The small generator facility installation is
approved by an electric code inspector with jurisdiction over the
interconnection;
(3) The witness test, if conducted by the public
utility, is successful;
(4) The parties execute a certificate of
completion; and
(5) An interconnection agreement has been
executed.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:35. Tier 1 application denial -- New application.
If the small generator facility is not approved under a tier 1 review, the
applicant may submit a new application, including the difference in the
application fee or deposit, for consideration under tier 2, tier 3, or tier 4
procedures without losing its original queue position if the new application is
submitted within 15 business days of notice that the original application was
not approved. If requested, the public utility shall provide a written
explanation of why the application was not approved.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:36. Tier 2 interconnection requirements. The
public utility shall use the tier 2 review procedures for an application of a
small generator facility that meets the following requirements:
(1) The proposed facility does not qualify for
tier 1 review and has an electric nameplate capacity of two megawatts or less;
(2) The proposed facility will interconnect to
either a radial distribution circuit or a spot network distribution circuit
limited to serving one premise; and
(3) The proposed facility will use
interconnection equipment that is either lab tested equipment or field tested
equipment.
The public utility may not impose additional requirements
not specifically authorized.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:37. Tier
2 interconnection evaluation and screening criteria. A tier 2
interconnection shall use the following evaluation and screening criteria:
(1) For interconnection to a radial distribution
circuit, aggregated generation on the circuit may not exceed 15 percent of the
line section annual peak load as most recently measured at the substation or
calculated for the line section. Aggregated generation includes the proposed
small generator facility, FERC wholesale generators, and FERC wholesale
generators with a higher queue position;
(2) For interconnection to the load side of spot
network protectors, the aggregated other generation may not exceed the lesser
of five percent of a spot network's maximum load or 50 kilowatts. Aggregated
other generation includes the proposed small generator facility, FERC wholesale
generators, and FERC wholesale generators with a higher queue position;
(3) General aggregate generation considerations
are:
(a) In aggregate with other generation on
the distribution circuit, the small generator facility may not contribute more
than ten percent to the distribution circuit's maximum fault current at the
point on the primary voltage distribution line nearest the point of
interconnection;
(b) In aggregate with other generation,
existing FERC wholesale generators, and FERC wholesale generators with a higher
queue position on the distribution circuit, the small generator facility may
not cause any distribution protective devices and equipment to be exposed to fault
currents exceeding 90 percent of the short circuit interrupting capability.
Distribution protective devices and equipment include: substation breakers,
fuse cutouts, line reclosers, and other public utility equipment on the EDS.
The small generator facility's point of interconnection may not be located on a
circuit that already exceeds 90 percent of the short circuit interrupting
capability;
(c) In aggregate with other generation,
existing FERC wholesale generators, and FERC wholesale generators with a higher
queue position interconnected to the distribution side of a substation
transformer feeding the circuit where the small generator facility proposes to
interconnect, the small generator facility may not exceed 10 megawatts in an
area where there are known, or posted, transient stability limitations to
generating units located in the general electrical vicinity;
(d) In aggregate with existing FERC
wholesale generators, FERC wholesale generators with a higher queue position,
and existing transmission loads, the small generator facility, may not cause a
transmission system circuit to exceed its design capacity on the transmission
system circuit directly connected to the distribution circuit where the
interconnection is proposed; and
(e) If the small generator facility is to
be interconnected on single-phase shared service line on the EDS, the aggregate
generation capacity on the shared secondary line, including the proposed small
generator facility, may not exceed 20 kilowatts;
(4) If the proposed small generator facility
interconnection is to a primary line on the distribution system, the
interconnection shall be done according to the following screening criteria,
depending on the type of electrical service provided by the public utility:
(a) If the small generator facility is
3-phase or single-phase and is to be connected to a 3-phase 3-wire primary
line, it must be connected phase-to-phase; and
(b) If the small generator facility is
3-phase or single-phase and is to be connected to a 3-phase 4-wire primary
line, it must be connected line to neutral and effectively grounded;
(5) If the proposed small generator facility is
single-phase and is to be interconnected on a center tap neutral of a 240 volt
service line, its addition may not create a current imbalance between the two
sides of the 240 volt service of more than 20 percent of the nameplate rating
of the service transformer;
(6) The proposed small generator facility's
point of interconnection may not be on a transmission line; and
(7) If the public utility's distribution circuit
utilizes high speed reclosing with less than 2 seconds of interruption, the
proposed generator may not be a synchronous machine.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:38. Tier
2 interconnection review procedures. The applicant shall submit a tier 2
application and appropriate fees to the public utility at its designated
address. Application forms are available from the commission. If available and
not confidentially filed, the applicant may request the public utility to
provide it with previously approved interconnection applications to facilitate
obtaining field tested status. The public utility may charge a nominal
processing fee but may not unreasonably refuse to provide such information if
requested.
Within 3 business days of receipt of the application, the
public utility shall provide written acknowledgement of receipt and the start
date of the review to determine if the application is complete. Within 10
business days of receipt of the application, the public utility shall inform
the applicant the application is either complete or incomplete. If the
application is incomplete, the public utility shall indicate missing
information. If a complete application is not returned to the public utility
within 30 days from the date the public utility sends notification to the
applicant that the application is incomplete, the application is considered
withdrawn. In the event the applicant does not receive notification, the
applicant may contact the public utility to determine the status of the
application.
If the public utility does not have a record of receipt of
the application, the applicant shall provide the public utility with an
additional copy of the application. If the applicant can demonstrate that the
original completed application was delivered to the public utility, the public
utility shall determine if the application is complete or incomplete within 5
business days.
Once the public utility finds the application is complete,
it shall assign the project a queue position. The queue position of each
application is used to determine any potential adverse system impacts of the
proposed small generator facility based on the relevant screening criteria. The
parties shall proceed under the timeframes of this section to maintain queue
position. The public utility may schedule a scoping meeting to notify the
applicant about other higher-queued applications including FERC interconnection
applications on the same radial line or spot network to which the applicant is
seeking to interconnect.
Within 20 business days after the public utility notifies
the applicant that it has received a completed interconnection request, or
within a time period mutually agreed to by parties, the public utility shall:
(1) Evaluate the application using the tier 2
evaluation and screening criteria;
(2) Review any independent analysis that may be
provided by the applicant using the same criteria; and
(3) Provide the applicant the results of its
review, including a comparison of the results and the independent analysis
provided by the applicant if applicable.
The public utility shall request supplemental or clarifying
information if necessary in the process of evaluating the completed
application. The time required for the receipt of the additional information
may extend the time necessary to complete the review, but only to the extent of
the time required for the receipt of the additional information. The public
utility may not alter the applicant's queue position.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:39. Failure
to meet tier 2 criteria -- Minor modifications. If the small generator
facility fails to meet one or more of the tier 2 screening criteria, but the
public utility determines that the small generator facility could be
interconnected safely if minor modifications to the EDS were made, the public
utility shall offer the applicant a non-binding, good faith estimate of the
costs of the proposed minor modifications and proceed with the minor
modifications if authorized by the applicant.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:40. Tier 2 application completion. The tier 2
interconnection process is complete when:
(1) All tier 2 screening criteria are satisfied
and any minor EDS modifications are implemented;
(2) The small generator facility installation is
approved by an electric code inspector with jurisdiction over the
interconnection;
(3) The witness test, if conducted by the public
utility, is successful;
(4) The parties execute a certificate of
completion; and
(5) An interconnecting agreement has been executed.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:41. Tier 2 application denial. If the small
generator facility's tier 2 application is not
approved, the applicant may submit a new application, including the difference
in the application fee or deposit, for consideration under tier 3 or tier 4
procedures without losing its original queue position. The new application must
be submitted within 15 business days of notice that the application was not
approved. If requested, the public utility shall provide a written explanation
of why the application was not approved.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:42. Tier 3 interconnection. The public utility
shall use the tier 3 interconnection review procedures for an application that
does not qualify for tier 1 or tier 2 review and meets
the following requirements:
(1) The small generator facility has an electric
nameplate capacity rating of 2 megawatts or less;
(2) The proposed point of interconnection is not
to a transmission line; and
(3) The small generator facility does not export
power beyond the point of interconnection and utilizes low forward power relays
or other protection functions that prevent power flow onto the EDS.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:43. Tier 3 interconnection screening criteria. A
tier 3 small generator facility meeting all tier 3 evaluation and screening
criteria shall be further evaluated using tier 2 evaluation and screening
criteria, except that the 15 percent tier 2 screen does not apply to tier 3
small generator facilities.
Tier 3 interconnections do not require an interconnection
feasibility study. However, the public utility may choose to conduct such a
study at its own expense, and it must complete the interconnection feasibility
study within 25 calendar days.
For a small generator facility to interconnect to the load
side of an area network distribution circuit, the following criteria must be
met:
(1) The electric nameplate capacity of the small
generator facility is 50 kilowatts or less;
(2) The proposed small generator facility
utilizes a lab tested, inverter-based equipment package for interconnection;
(3) The small generator facility utilizes low
forward power relays or other protection functions that prevent power flow onto
the area network;
(4) The aggregated other generation on the area
network, including FERC wholesale generators and FERC wholesale generators with
a higher queue position, does not exceed the lesser of 5 percent of an area
network's maximum load or 50 kilowatts; and
(5) The interconnection uses only existing
public utility facilities and the applicant's proposed facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:44. Tier 3 interconnection alternate evaluation and
screening criteria. For a small generator facility to interconnect to a
distribution circuit that is not networked, the following criteria shall be met
for a tier 3 interconnection:
(1) The small generator facility has an electric
nameplate capacity of 10 megawatts or less;
(2) The aggregated total of the electric
nameplate capacity of all of the generators on the circuit, including existing
FERC wholesale generators, FERC wholesale generators with a higher queue
position, and the proposed small generator facility, is 10 megawatts or less;
(3) The small generator facility does not export
power beyond the point of interconnection and employs reverse power relays or
other protection functions that prevent power flow onto the EDS;
(4) The small generator facility's proposed
interconnection is to a radial distribution circuit;
(5) The small generator facility is not served
by a shared transformer;
(6) The interconnection will use only existing
public utility facilities and the applicant's proposed facilities; and
(7) If the public utility's distribution circuit
utilizes high speed reclosing with less than 2 seconds of interruption, the
proposed generator may not be a synchronous machine.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:45. Tier 3 interconnection review process. The
applicant shall submit a tier 3 application and appropriate fees to the public
utility at its designated address. Application forms are available from the
commission.
Within 3 business days of receipt of the application, the
public utility shall provide written acknowledgement of receipt and the start
date of the review to determine if the application is complete. Within 10
business days of receipt of the application, the public utility shall inform
the applicant that the application is either complete or incomplete. In the
event the applicant does not receive notification within 10 business days, the
applicant may contact the public utility to determine the status of the
application. If the application is incomplete, the public utility shall
indicate the missing information. If a complete application is not returned to
the public utility within 30 days from the date the public utility sends
notification to the applicant that the application is incomplete, the
application is considered withdrawn.
If the public utility does not have a record of receipt of
the application, the applicant shall provide the public utility with an
additional copy of the application. If the applicant can demonstrate that the
original completed application was delivered to the public utility, the public
utility shall determine if the application is complete or incomplete within 5
business days.
Once the public utility finds the application is complete,
it shall assign the project a queue position. The queue position of each
application is used to determine any potential adverse system impacts of the
proposed small generator facility based on the relevant screening criteria. The
applicant must proceed under the timeframes of this section. The public utility
shall schedule a scoping meeting to notify the applicant about other
higher-queued applications including FERC interconnection applications on the
same radial line or area network to which the applicant is seeking to interconnect.
Within 20 business days after the public utility notifies
the applicant that it has received a completed interconnection request or
within a time period mutually agreed to by parties, the public utility shall:
(1) Evaluate the application using the tier 3
screening criteria;
(2) Review any independent analysis that may be
provided by the applicant using the same criteria; and
(3) Provide the applicant the results of its
review, including a comparison of the results and the independent analysis
provided by the applicant, if applicable.
If in the process of evaluating the interconnection
request, the public utility determines that supplemental or clarifying
information is required, the public utility shall request the information from
the applicant. The time required for the receipt of the additional information
may extend the time necessary to complete the review, but only to the extent of
the time required for the receipt of the additional information. The public
utility may not alter the applicant's queue position.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:46. Failure to meet tier 3 criteria -- Minor
modifications. If the small generator facility fails to meet one or more of
the tier 3 screening criteria, but the public utility determines that the small
generator facility could likely be interconnected safely if minor modifications
to the EDS were made, the utility shall offer the applicant a non-binding, good
faith estimate of the costs of such proposed minor modifications and proceed
with the minor modifications if authorized by the applicant.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:47. Tier 3 interconnection approval. The public
utility shall approve the tier 3 application if the public utility determines
that the application:
(1) Passes the tier 3 screening criteria; or
(2) Fails one or more of the tier 3 screening criteria,
or does not meet every approval requirement, but the public utility determines
that the small generator facility can be interconnected safely and reliably
after making modifications and the public utility has received authorization
from the applicant to implement the minor modifications.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:48. Tier 3 interconnection denial. If the small
generator facility fails to pass the screening criteria or is not approved
under a tier 3 review, the public utility shall provide, at the request of the
applicant, a written justification for denying the application.
If the small generator facility is not approved under a
tier 3 review, the applicant may submit a new application, including the
difference in the application fee or deposit, for consideration under tier 4
review procedures without losing its original queue position. The new
application must be submitted within 15 business days of notice that the
application was not approved. Any previous application fee or deposit shall be
applied toward the tier 4 application fee.
Source: 35 SDR 305,
effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:49. Tier 3 interconnection completion. The tier
3 application process is complete when:
(1) All tier 3 screening criteria are satisfied
and any minor modifications to the EDS that may have been identified are
implemented;
(2) The small generator facility installation is
approved by an electric code inspector with jurisdiction over the
interconnection;
(3) There is a successful completion of the
witness test, if required;
(4) The parties execute a certificate of
completion; and
(5) An interconnection agreement has been
executed.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:50. Tier 4 interconnection. The public utility
shall use the tier 4 interconnection review procedures for an application that
does not qualify for tier 1, tier 2, or tier 3 review
and for which the small generator facility has an electric nameplate capacity
that is ten megawatts or less. The public utility may not impose additional
requirements.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:51. Tier 4 interconnection review procedures.
The applicant shall submit the appropriate tier 4 application and the
application fees to the public utility at its designated address. Application
forms are on file with the commission.
Within 3 business days of receipt of the application, the
public utility shall provide written acknowledgement of receipt and the start
date of the review to determine if the application is complete. Within 10
business days of receipt of the application, the public utility shall inform
the applicant that the application is either complete or incomplete. If the
application is incomplete, the public utility shall indicate the missing
information. If a complete application is not returned to the public utility
within 30 days from the date the public utility sends notification to the
applicant that the application is incomplete, the application is considered
withdrawn.
If the public utility does not have a record of receipt of
the application, the applicant shall provide the public utility with an
additional copy of the application. If the applicant can demonstrate that the
original completed application was delivered to the public utility, the public
utility shall determine if the application is complete or incomplete within 5
business days.
Once the public utility finds the application is complete,
it shall assign the project a queue position unless a queue position was
already assigned under a previous lower-tier application that was not approved.
The queue position of each application is used to determine any potential
adverse system impacts of the proposed small generator facility based on the
relevant data contained in the application, the outcomes of the various
studies, and the applicant's desired interconnection location.
If in the process of evaluating the completed application,
the public utility determines supplemental or clarifying information is
required, the public utility shall request the information. The time required
for the receipt of the additional information may extend the time before the
scoping meeting can be convened but only to the extent of the time required for
the receipt of the additional information. The public utility may not alter the
applicant's queue position. Supplemental or clarifying information can be
provided in the scoping meeting.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:52. Tier 4 interconnection scoping meeting. The
public utility shall schedule a tier 4 scoping meeting to notify the applicant
about other higher-queued applications including FERC interconnection
applications on the same radial line or area network to which the applicant is
seeking to interconnect.
The meeting shall be held within 10 business days after the
public utility has notified the applicant that the application is considered
complete. The purpose of the meeting is to review the application, including
any existing studies relevant to the application, such as the results from the
tier 1, tier 2, or tier 3 screening criteria and studies or, if available, the
applicant's analysis of the proposed interconnection using the same criteria as
the public utility applies to the application. Parties are expected to bring to
the scoping meeting such personnel, including system engineers and other
resources, as may be reasonably required to accomplish the purpose of the
meeting. The applicant shall maintain the assigned queue position regardless of
the outcome of the scoping meeting if the additions or changes to the
application can be rectified within 10 business days, or a period mutually
agreed upon by the parties, from the date of notification. The meeting or any
relevant time frames may be waived upon mutual agreement.
The scoping meeting should demonstrate or identify:
(1) The need for further studies and a mutually
agreeable study timeline based on the public utility's resources and workload;
(2) Possible changes or modifications to the
application to facilitate the interconnection or reduce costs; or
(3) No changes are necessary and the public
utility may proceed with the application without further studies.
If the parties agree at the scoping meeting that a study
must be performed, the public utility shall provide the appropriate study
agreement to the applicant. The agreement shall specify the study scope, a good
faith, non-binding estimate of the cost to perform the study, and any study
deposit. The applicant shall return an executed copy of the study agreement
along with the required study deposit within 60 calendar days of receipt of the
agreement, or as mutually agreed by the parties. Failure to return a signed
contract shall be considered withdrawal of the application.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:53. Tier 4 interconnection feasibility study.
Upon receipt of the appropriately executed agreement and deposit, the public
utility shall commence the tier 4 interconnection feasibility study. The study
shall be completed within the timeline agreed to between the parties at the
scoping meeting. The study shall evaluate the effects of the proposed small
generator facility on the existing public utility and look for possible adverse
system impacts. Feasibility study results may include:
(1) Initial identification of any circuit
breaker short circuit capability limits exceeded as a result of the
interconnection;
(2) Initial identification of any thermal
overload or voltage limit violations resulting from the interconnection;
(3) Initial review of grounding requirements and
system protection; and
(4) Description and estimated cost of
interconnection facilities and system upgrades required to interconnect the
small generator facility to the public utility in a safe and reliable manner.
If the applicant asks that the interconnection feasibility
study evaluate multiple potential points of interconnection, the public utility
shall perform the additional evaluations at the applicant's expense.
At a minimum, the interconnection feasibility study report
shall:
(1) State the underlying assumptions of the
study;
(2) Show the results of the analyses; and
(3) Identify any possible adverse system impacts
or other potential impacts.
If the interconnection feasibility study identifies
possible adverse system impacts caused by the small generator facility, an
interconnection system impact study is required.
The public utility shall contact the applicant to schedule
an optional interconnection feasibility study results meeting to review the
feasibility study report and discuss the identified possible adverse system
impacts along with any other potential impacts. The parties may also mutually
agree to adjust the study timeline determined at the scoping meeting based upon
the interconnection feasibility study results.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:54. Tier 4
interconnection system impact study agreement. Within 15 business days of
the applicant's receipt of the tier 4 feasibility study results, the public
utility shall, if necessary, provide the applicant with an interconnection
system impact study agreement. The agreement shall specify an outline of the
study scope, a good faith, non-binding estimate of the cost to perform the
study, and any required study deposit. The applicant shall return an executed
copy of the interconnection system impact study agreement along with the
required study deposit within 60 calendar days of receipt of the agreement, or
as mutually agreed to by the parties, or the application shall be considered
withdrawn. A copy of an interconnection system impact study agreement is
available from the commission.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:55. Tier
4 interconnection system impact study. The public utility shall commence
the tier 4 interconnection system impact study upon receipt of an executed
interconnection system impact study agreement and study deposit. The study
shall be completed within the timeline agreed to between the parties at the
scoping meeting or interconnection feasibility study results meeting. The study
must evaluate the adverse system impacts identified in the interconnection
feasibility study, and study other potential impacts including those identified
in the feasibility study results meeting or scoping meeting.
The study shall consider all generating facilities that, on
the date the interconnection system impact study is commenced, are directly
interconnected with the public utility's system, have a pending higher queue
position to interconnect to the system, or have a signed interconnection
agreement.
At a minimum, the study may include a short circuit
analysis, a stability analysis, a power flow analysis, voltage drop and flicker
studies, protection and set point coordination studies, and grounding reviews.
The interconnection system impact study report shall:
(1) State the underlying assumptions of the
study;
(2) Show the results of the analyses;
(3) Identify any interconnection facilities and
system upgrades required to allow the proposed interconnection to occur; and
(4) Include a good faith, non-binding estimate
of the identified interconnection facilities and system upgrades and an
estimated delivery schedule.
If the applicant sponsored a separate independent system
impact study, the public utility must also evaluate and address any alternative
findings from that study at the applicant's expense.
If interconnection facilities or system upgrades are found
to be necessary in the interconnection system impact study, an interconnection
facilities study is required.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:56. Optional tier 4 interconnection system impact
study results meeting. The public utility shall contact the applicant to
schedule an optional tier 4 interconnection system impact study results meeting
to review the interconnection system impact study report and discuss the
identified interconnection facilities and system upgrades. The parties may also
mutually agree to adjust the study timeline determined at the scoping meeting
based upon the interconnection system impact study results.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:57. Tier 4 interconnection facilities study
agreement. Within 15 business days from the applicant's receipt of the tier
4 interconnection systems impact study results, the public utility shall
provide the applicant with an interconnection facilities study agreement, if
applicable. The facilities study agreement shall specify the study scope, a
good faith, non-binding estimate of the cost to perform the study, and any
required study deposit. The applicant shall return an executed copy of the interconnection
facilities study agreement along with the required study deposit within 60
calendar days of receipt of the agreement or as mutually agreed to by the
parties, or the application shall be considered withdrawn. A copy of the
interconnection facilities study agreement is available from the commission.
The public utility shall commence the interconnection
facilities study upon receipt of an executed interconnection facilities study
agreement and study deposit. The study shall be completed within the timeline
agreed to between the parties at the scoping meeting or interconnection system
impact study results meeting.
The interconnection facilities study shall evaluate the
cost of equipment, engineering, procurement, and construction work, including overheads,
needed to implement the interconnection of the proposed small generator
facility as identified in the scoping meeting and any completed studies.
The interconnection facilities study shall specify:
(1) The electrical switching configuration of
the equipment, including, without limitation, transformer, switchgear, meters,
and other station equipment;
(2) The nature and estimated cost of the public
utility's interconnection facilities;
(3) The nature and estimated cost of system
upgrades; and
(4) A detailed estimate of the time required to
procure materials and equipment and complete the construction and installation
of the facilities.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:58. Tier 4 independent design and cost estimate.
The parties may agree to permit the applicant to separately arrange for a third
party to design and estimate the construction costs for the required tier 4
interconnection facilities. In such a case, the public utility shall review the
design and cost estimates of the facilities under the provisions of the
interconnection facilities study agreement. If the parties agree to separately
arrange for design and construction estimates and comply with any security and
confidentiality requirements, the public utility shall make all relevant
information and required specifications available to the applicant at no cost
in order to permit the applicant to obtain an independent design and cost
estimate for the facilities to be built in accordance with such specifications.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:59. Tier 4 interconnection approval. Upon
completion of the tier 4 interconnection facilities study and execution of an
agreement between the parties detailing progress billing, final billing,
payment schedules, and deposit, the public utility shall approve the
application.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:60. Tier 4 interconnection denial. If the tier 4
application is denied, the public utility shall provide a written explanation
explaining why the application was denied.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:61. Tier 4 interconnection completion. The tier
4 interconnection is considered complete when:
(1) All interconnection facilities and system
upgrades are completed and operational;
(2) The small generator facility installation is
inspected and approved by the electric code inspector with jurisdiction over
the interconnection;
(3) There is a successful completion of the
witness test, if conducted by a public utility;
(4) The parties execute a certificate of
completion; and
(5) The parties execute an interconnection
agreement.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:62. Jurisdictional small generator facilities rated
over ten megawatts. Jurisdictional small generator facilities rated over
ten megawatts shall start with the tier 4 process and modify it as needed by
mutual agreement. In addition, the over ten megawatts technical requirements
shall start with the technical standards and modify the standards as needed by
mutual agreement.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:63. Recordkeeping requirements. The public
utility shall keep records relating to all applications and small generator
facilities for a period of three years. The public utility shall provide the
records for commission inspection upon request. The public utility shall
annually provide to the commission a list of each small generator facility that
is interconnected to the public utility's EDS during the calendar year and
shall include the size of the facility, the amount paid by the small generator
to the public utility for interconnection, the date of the application, and the
date the interconnection was completed. The report for the calendar year is due
the following March 1.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:64. Metering. The interconnection customer is
responsible for the cost of the purchase, installation, operation, maintenance,
testing, repair, and replacement of any special metering and data acquisition
equipment considered necessary by the terms of the power purchase agreement.
The public utility shall install, maintain, and operate the metering equipment.
Parties shall be granted unrestricted access to the equipment as may be
necessary for the purposes of conducting routine business.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:65. Monitoring. A small generator facility of
less than 25 kilowatts is not required to provide for remote monitoring of its
electric output. A small generator facility of 25 kilowatts or more may be
required by the public utility to provide data monitoring points and remote
monitoring of the facility's electric output. If the facility is 25 kilowatts
to 250 kilowatts and remote monitoring is required by the public utility, the
public utility may require the interconnection customer to pay the data
monitoring points costs and the remote monitoring costs shall be paid by the
public utility. If the facility is over 250 kilowatts and remote monitoring is
required by the public utility, the public utility may require the
interconnection customer to pay the costs of the data monitoring points and
remote monitoring.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:66. Temporary disconnection due to emergency
conditions. The public utility or interconnection customer may temporarily
disconnect the small generator facility from the utility's EDS at any time and
for as long as reasonably necessary in the event of an emergency. If an
emergency condition occurs, the public utility or the interconnection customer
may immediately suspend interconnection service and temporarily disconnect the
small generator facility. The public utility shall make a good faith effort to
notify the interconnection customer with a small generator facility of 500
kilowatts or more as soon as possible when it becomes aware of an emergency
condition that may reasonably be expected to affect the small generator
facility operation. The interconnection customer shall make a good faith effort
to notify the public utility promptly when it becomes aware of an emergency
condition that may reasonably be expected to affect the public utility's EDS.
To the extent information is known, the notification shall 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.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:67. Temporary disconnection due to routine
maintenance. The public utility or interconnection customer may temporarily
disconnect the small generator facility from the utility's EDS at any time and
for as long as reasonably necessary in the event of an interruption caused by
routine maintenance or construction and repair. The public utility or
interconnection customer shall make good faith, reasonable efforts to provide
at least five business days notice prior to interruption caused by routine maintenance
or construction and repair to the small generator facility or public utility's
EDS and shall use reasonable efforts to coordinate such interruption. If less
than five days notice is given, the public utility or interconnection customer
shall explain in its notice the reason for the shortened notice period.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:68. Temporary disconnection due to a forced outage
of the EDS. The public utility may temporarily disconnect the small
generator facility from the utility's EDS at any time and for as long as
reasonably necessary in the event of an interruption caused by a forced outage.
The public utility shall use reasonable efforts to provide the interconnection
customer with prior notice of forced outages to effect immediate repairs to the
EDS. If prior notice is not given, the public utility shall, upon request,
provide the interconnection customer written documentation after the fact
explaining the circumstances of the disconnection.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:69. Temporary disconnection due to adverse operating
conditions. The public utility may temporarily disconnect the small
generator facility from its EDS at any time and for as long as reasonably
necessary in the event of an interruption caused by adverse operating
conditions.
If the public utility determines that operation of the
small generator facility will likely cause disruption or deterioration of
service to other customers served from the same electric system, or if
operating the small generator facility could cause damage to the public
utility's EDS, the public utility may disconnect the small generator facility
under the procedures of this section.
The public utility shall provide the interconnection
customer any supporting documentation used to reach the decision to disconnect
upon request.
The interconnection customer shall remedy the adverse
operating effect as soon as possible. The public utility may withhold
interconnection services until the adverse effects are eliminated.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:70. Temporary disconnection due to unauthorized
equipment modifications. If the interconnection customer makes any change
other than minor equipment modifications without prior written authorization of
the public utility, the public utility has the right to temporarily disconnect
the small generator facility from the utility's EDS at any time and for as long
as reasonably necessary.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:71. Termination. The interconnection customer
may terminate the interconnection at any time by giving the public utility 20
business days' written notice.
Upon termination of the interconnection, any small
generator facility interconnection equipment must be disconnected from the
public utility's EDS at the interconnection customer's expense. The termination
of the interconnection does not relieve either party of its liabilities and
obligations owed or continuing at the time of the termination.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:72. Default. Failure of a party to meet the
obligations of this chapter or the interconnection agreement may constitute
default. Upon a default, the non-defaulting party shall give written notice of
the default to the defaulting party. The defaulting party has 60 calendar days
from receipt of the default notice to cure such default. If a default is not
capable of being cured within 60 calendar days, the non-defaulting party has
the right to terminate the interconnection agreement by written notice.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.
20:10:36:73. Dispute resolution. Before filing a
complaint with the commission, the public utility, applicant, or
interconnection customer shall first provide the other party and commission
staff with a written notice of dispute. The notice of dispute may describe in
detail the nature of the dispute and a proposed resolution. If requested,
commission staff may assist the parties in informal resolution. In the event
the parties are unable to resolve the dispute within 30 calendar days or other
period as the parties may agree upon by mutual agreement, the complaining party
may formally file a complaint with the commission according to
ยง 20:10:01:08.01.
Source: 35 SDR
305, effective July 1, 2009.
General Authority:
SDCL 49-34A-27, 49-34A-93.
Law Implemented:
SDCL 49-34A-27, 49-34A-93.