Fill - Free fillable AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED (City of College Station) PDF form

This Interconnecon Agreement (“Agreement”) is made and entered into this the

_______ day of , 20 ___ , by the City of College Staon (“CITY” or “COCS”), a Texas

Home-Rule Municipality, and (“Customer”), each hereinaer somemes

referred to individually as “Party” or both referred to collecvely as the “Pares”. In consideraon of the

mutual covenants set forth herein, the Pares agree as follows:

1. Scope of Agreement. This Agreement is non-transferable and is applicable to condions under which

the COCS and the Customer agree that one or more facility or facilies of twenty (20) kW or less to be

interconnected at 15 kV or less (“Facility” or “Facilies”) may be interconnected to the COCS ulity system

(“Electric Ulity System), as described in Exhibit A.

2. Establishment of Point(s) of Interconnecon. COCS and Customer agree to interconnect their Facility

or Facilies and the Electric Ulity System at the locaons specied in this Agreement, in accordance

with the provisions of the City of College Staon, Texas Code of Ordinances and any applicable Public

Ulity Commission of Texas Substanve Rules (including 25.211 relang to Interconnecon of Distributed

Generaon and 25.212 relang to Technical Requirements for Interconnecon and Parallel Operaon of

On-Site Distributed Generaon, hereaer the “PUC Rules”) or any applicable successor rule addressing

distributed generaon, and also as described in the aached Exhibit A (“Facility Schedule”).

3. Responsibilies of COCS and Customer.

a. Customer will, at its own cost and expense, operate, maintain, repair, and inspect, and shall

be fully responsible for their Facility or Facilies which it now or hereaer may own unless

otherwise specied on Exhibit A. COCS will, at its own cost and expense, operate, maintain,

repair, and inspect, and shall be fully responsible for the Electric Ulity System. Customer shall

conduct operaons of its Facility(s) in compliance with and in adherence to all aspects of this

Agreement, the Interconnecon Technical Requirements for Facilies under 20kW, and the Electric

Rate Schedule SRE for Small Renewable Energy Customers Connecng Single Phase Distributed

Generaon From Renewable Sources less than or equal to 20kW, Chapter 11 COCS Code of

Ordinances as amended which is incorporated herein by reference. COCS shall conduct operaons

on its Electric Ulity System in compliance with all aspects of same, or as further described and

mutually agreed to in the applicable Facility Schedule. Maintenance of Facilies or interconnecon

facilies shall be performed in accordance with the applicable manufacturers recommended

maintenance schedule. Customer agrees to construct its Facilies in accordance with specicaons

provided by the Naonal Electrical Safety Code (NEC), approved by the American Naonal

Standards Instute (ANSI), in eect at the me of construcon.

b. The Customer covenants, agrees and represents to COCS that the Customer’s Facility shall be

designed, installed, connected, operated, and maintained in accordance with the applicable ANSI

standards now in force; the applicable UL standards that are now in force; the applicable IEEE

standards (parcularly IEE 929-2000 and IEEE 1547-20030 that are now in force; the applicable

Naonal Electrical Code (the “NEC”) standards as amended by COCS Code of Ordinances Chapter 11

now in force; the applicable ERCOT Operang Guides now in force; as well as any other applicable

local, state, or federal codes, statutes, and regulaon, as amended.

AGREEMENT FOR INTERCONNECTION AND

PARALLEL OPERATION OF DISTRIBUTED GENERATION

c. The Customer shall: (a) maintain the Facility in a safe and prudent manner, and in conformance

with all applicable laws and regulaons, including, but not limited to, those set forth in Exhibit A

to the Agreement and Public Ulity Commission Distributed Generaon Interconnecon Manual;

and (b) obtain any governmental authorizaons and permits as required for the construcon and

operaon of the Facility and interconnecon facilies. The Customer shall reimburse COCS for any

and all losses, damages, claims, penales, or liability it incurs as a result of the Customer’s failure to

obtain or maintain any governmental authorizaons and permits required for the construcon and

operaon of the Facility.

d. Customer covenants and agrees to design, install, maintain, and operate, or cause the design,

installaon, maintenance, and operaon of its Facilies so as to reasonably minimize the likelihood

of a disturbance, originang in the Facilies, aecng or impairing the COCS Electric Ulity System,

or other systems with which a Party is interconnected.

e. COCS will nofy Customer if there is evidence that the Facility operaon causes disrupon or

deterioraon of service to other customers served from the same grid or if the Facility operaon

causes damage to COCS’ Electric Ulity System.

f. Customer shall immediately nofy COCS of any emergency, hazardous condion or occurrence,

manufacturer defect or deciency, or any other fault or out of specicaon operaon with the

Customer’s Facilies which could aect safe operaon or reliability of the Electric Ulity System.

4. Interrupon or Reducon of Deliveries

a. COCS Authority. COCS shall not be obligated to accept or pay for produced energy from a Facility

larger than 20 kW unless a separate agreement has been entered into between the Customer and

COCS. At any me, COCS may require the Customer to interrupt or reduce deliveries of available

energy in the following instances:

(1) When COCS determines that it is necessary in order to construct, install, maintain, repair,

replace, remove, or invesgate any of COCS equipment of any part of its Electric Ulity System;

(2) If COCS determines that curtailment, interrupon, or reducon is necessary because of

emergencies, forced outages, force majeure, or compliance with prudent electrical pracces;

(3) Notwithstanding any provision of this Agreement, COCS shall have the right to disconnect

the Facility from the Electric Ulity System if it determines that either: (a) the Facility or its

operaon may endanger COCS personnel, or (b) the connued operaon of the Facility may

endanger the integrity of the Electric Ulity System. The Facility shall remain disconnected

unl such me as COCS is sased that the objeconable condions have been corrected or no

longer exists; or

(4) COCS discovers or learns of the Facility manufacturer defects or deciencies that may have

adverse operaonal impacts on the Electric Ulity System.

b. Customer and COCS clearly understand and agree that COCS will not accept nor assume any liability

for interrupng the interconnecon between the Facility and the Electric Ulity System. COCS is

authorized to, but not liable for any eects of opening up and padlocking open the Customer’s

external disconnect switch, disconnecng the Facility at the Electric Ulity System’s Points of

Interconnecon or taking any other acon that physically separates or isolates the Facility from

the Electric Ulity System. COCS will aempt to provide sucient Customer noce prior to

interconnecon disconnecon, but Customer noce is not necessary for immediate Facility isolaon

should a condion warrant immediate interconnecon disconnecon as determined by COCS.



a. Notwithstanding any other provision in this Agreement, with respect to COCS’ provision of electric

service to Customer, COCS’ liability to Customer shall be limited as set forth in COCS’ Electric Rate

Ordinance and terms and condions for electric service, which is incorporated herein by reference.

b. COCS shall not be liable to Customer for damages for any act that is beyond its control, including any

event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrecon,

riot, re, storm or ood, explosion, breakage or accident to machinery or equipment, a curtailment,

order, or regulaon or restricon imposed by governmental, military, or lawfully established civilian

authories, or by the making of necessary repairs upon the property or equipment of either Party.

c.    

  

   

    

 



  

 

  

  

 

d.   

  

   

     

 

  

 

  

 



e. Customer shall each be responsible for the safe installaon, maintenance, repair and condion of

its respecve lines and appurtenances on its respecve side of the point of delivery. COCS does not

assume any duty of inspecng the Customer’s lines, wires, switches, or other equipment and will

not be responsible therefore. Customer assumes all responsibility for the electric service supplied

hereunder and the Facilies used in connecon therewith at or beyond the point of delivery, the point

of delivery being the point where the electric energy rst leaves the Electric Ulity System provided and

owned by COCS and enters the Facilies provided by Customer.

Customer represents that, at the me of the execuon of the Agreement, Customer

has currently in force and eect property insurance on the premises described in Exhibit A Facility Schedule

hereof, in the amount of the current value of the premises, and comprehensive personal liability insurance

covering the premises in a minimal amount of not less than $100,000.00 per occurrence. Customer

further represents that Customer shall maintain such insurance in force for the duraon of this Agreement.

Customer agrees to provide a copy of the insurance policy or a valid cercate issued by the insurer (in a

form sasfactory to COCS) to COCS prior to any interconnecon with the COCS Electric Ulity System, and

shall provide proof of connuing coverage upon reasonable request given to Customer. The insurance

herein provided in Secon 6 shall, by endorsement to the policy or policies, provide for thirty (30) days

wrien noce to COCS prior to cancellaon, terminaon, alteraon, or material change of such policy or

policies of insurance.



a. The Customer shall install and maintain protecve devices for the Facility as required by COCS. The

protecve devices shall be approved by COCS and independently tested and cered as operaonal

prior to commencing parallel operaons with the Electric Ulity System. Further tesng of the

protecve devices shall be conducted any me that modicaons are made to the Facility. COCS

shall have the right to have representaves present at any tesng of the Facility’s protecve

devices. Customer shall nofy COCS at least ve (5) days prior to the tesng of the Facility’s

protecve devices.

b. For the mutual protecon of the Customer and the COCS, only with COCS prior authorizaon are

the connecons between the COCS’ service wires and the Customer’s service entrance conductors

to be energized. Such authorizaon shall not be unreasonably withheld, provided that Customer

has complied with all COCS requirements.



a. Upon reasonable noce, COCS may send a qualied person to the premises of the Customer at or

immediately before the me the Facility rst produces energy to inspect the interconnecon, and

observe the Facility’s commissioning (including any tesng), startup, and operaon for a period of

up to no more than three (3) days aer inial startup of the unit.

b. Following the inial inspecon process described above, COCS will have the right to access

Customer’s premises in accordance with COCS Code of Ordinances, Chapter 11, Secon 1,

Subsecon E, and (a) to inspect, at reasonable hours, the Facility’s protecve devices; or (b) to

read or test meters; or (c) to disconnect, without noce whenever deemed reasonably necessary,

the Facility from the Electric Ulity System, if in the opinion of COCS, an emergency or hazardous

condion exists and such immediate acon is necessary in order to protect persons, or COCS

Electric Ulity System, or property of others from damage or interference caused by the Facility,

or lack of properly operang Facility protecve devices. COCS shall have access to Customer’s

premises for any reasonable purpose in connecon with the performance of the obligaons

imposed on it by this Agreement or if necessary to meet its legal or regulatory obligaons to

provide service to its customers.



a. Customer retains the opon to disconnect from COCS’ Electric Ulity System. Customer will nofy

COCS of its intent to disconnect by giving the COCS at least thirty (30) days prior wrien noce.

Such disconnecon shall not be a terminaon of this Agreement unless Customer exercises rights

under Secon 10.

b. Customer shall disconnect Facility from COCS’ Electric Ulity System upon the eecve date of any

terminaon under Secon 10.

c. COCS shall have the right to suspend service in cases where connuance of service to Customer will

endanger persons or property. During the forced outage of the COCS’ Electric Ulity System serving

customer, COCS shall have the right to suspend service to eect immediate repairs on COCS’s

Electric Ulity System.

This Agreement becomes eecve when fully executed by both

pares and shall connue in eect unl terminated. This Agreement may be terminated by either Party at

any me, by giving the other Party thirty (30) days wrien noce. Notwithstanding the above, COCS may

immediately terminate this Agreement for the following reasons: (a) failure by the Customer to generate

energy from the Facility in parallel with the COCS’ Electric Ulity System within twelve (12) months aer

compleon of the interconnecon; (b) the disconnecon of electric ulity service to the premises due to

the delinquency of payment of Customer, aer complying with COCS’ rules regarding late payment and

disconnecon that apply to all COCS ratepayers; (c) the closing of Customer’s electric ulity account; (d) a

change in the ownership of the premises by Customer; (e) the failure to maintain the insurance coverage

required under Secon 6, above; or (f) the failure to comply with any term or condion of this Agreement.

All Facility equipment shall be completely disconnected and isolated from the Electric Ulity System upon

terminaon of this Agreement by either Party. The Customer shall demonstrate to COCS’ sasfacon

that the Facility has been properly disconnected and isolated. COCS reserves the right to disconnect the

Facility equipment itself or hire a local qualied electrician to perform such work at the sole expense

of the Customer, if Customer fails to properly perform such work with seven (7) days of the date of the

Agreement terminaon.

This Agreement was executed in Brazos County, Texas and

must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws

thereof. This Agreement is subject to, and the Pares’ obligaons hereunder include, operang in full

compliance with all valid, applicable federal, state, and local laws or ordinances, and all applicable rules,

regulaons, orders of, and taris approved by, duly constuted regulatory authories having jurisdicon.

This Agreement may be amended only upon mutual agreement of the Pares, which

amendment will not be eecve unl reduced to wring and executed by the Pares.

Customer and COCS agree that this Agreement may not be assigned due to the special

nature of the Agreement. Any sale or disposion of the real property and the Facility covered hereby in

whole or in part, by Customer will require that the Facility be disconnected from the Electric Ulity System

unl COCS has communicated with the new owner about relevant safety issues and unl such me as the

new owner signs a new Interconnecon Agreement with COCS.

This Agreement, including all aached

Exhibits, Facility Schedules, and referenced ordinances, as amended, which are expressly made a part

hereof for all purposes, constutes the enre agreement and understanding between the Pares with

regard to the interconnecon of the facilies of the Pares at the Points of Interconnecon expressly

provided for in this Agreement. The Pares are not bound by or liable for any statement, representaon,

promise, inducement, understanding, or undertaking of any kind or nature (whether wrien or oral) with

regard to the subject maer hereof not set forth or provided for herein. This Agreement replaces all prior

agreements and undertakings, oral or wrien, between the Pares with regard to the subject maer

hereof, and all such agreements and undertakings are agreed by the Pares to no longer be of any force

or eect. It is expressly acknowledged that the Pares may have other agreements covering other services

not expressly provided for herein, which agreements are unaected by this Agreement.

15. Noces. Noces given under this Agreement are deemed to have been duly delivered if hand

delivered or sent by United States cered mail, return receipt requested, postage prepaid, to:

• If to COCS:

College Staon Ulies

An: Energy Services

1601 Graham Road

P.O. Box 9960

College Staon, Texas 77842

• If to Customer:

The above-listed noce informaon may be changed by wrien nocaon to the other Party,

notwithstanding Secon 14.

16. Invoicing and Payment. Invoicing and payment terms for services associated with this Agreement shall

be consistent with applicable COCS policies and ordinances.

17. No Third-Party Beneciaries. This Agreement is not intended to and does not create rights, remedies,

or benets of any character whatsoever in favor of any persons, corporaons, associaons, or enes

other than the Pares except as provided in Secon 5 herein, and the obligaons herein assumed are solely

for the use and benet of the Pares, their successors in interest and, where permied, their assigns.

18. No Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance

of any provision of this Agreement will not be considered to waive the obligaons, rights, or dues

imposed upon the Pares.

19. Headings. The descripve headings of the various arcles and secons of this Agreement have been

inserted for convenience of reference only and are to be aorded no signicance in the interpretaon or

construcon of this Agreement.

20. Mulple Counterparts. This Agreement may be executed in two or more counterparts, each of which is

deemed an original but all constute one and the same instrument.

IN WITNESS WHEREOF, the Pares have caused this Agreement to be signed by their respecve

duly authorized representaves.

CUSTOMER

By:

Printed Name:

Address:

Date:

CITY OF COLLEGE STATION

By:

City Manager

Date:

APPROVED:

City Aorney

Date:

Assistant City Manager/CFO

Date:

EXHIBIT A

FACILITY SCHEDULE

[The following informaon is to be specied for each Point of Interconnecon, if applicable.]

1. Name:

2. Facility locaon:

3. Delivery voltage: 240 VAC

4. Metering (voltage, locaon, losses adjustment due to metering locaon, and other):

Bi-direconal service meter

5. Normal Operaon of Interconnecon: Synchronized auto-disconnect per UL-1741

6. One line diagram aached (check one): Yes No

7. Facilies to be furnished by COCS: CSU bi-direconal meter and PV meter

8. Facilies to be furnished by Customer: Lockable AC disconnect

9. Cost Responsibility:

10. Control area interchange point (check one): Yes No

11. Supplemental terms and condions aached (check one): Yes No

CUSTOMER

BY:

TITLE:

DATE:

CITY OF COLLEGE STATION

BY:

TITLE:

DATE:

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AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED (City of College Station)

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