ARC 2673C

ARC 2673C

UTILITIES DIVISION[199]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to Iowa Code sections 17A.4, 476.6A, and 476.58, the Utilities Board (Board) gives notice that on July 22, 2016, the Board issued an order in Docket No.RMU-2016-0003, In re: Review of Electric Interconnection of Distributed Generation Facilities Rules [199 IAC 45], "Order Commencing Rule Making," proposing to amend the Board's rules regarding distributed generation interconnection. Chapter 45 is designed to offer standardized requirements, forms, and procedures for smaller facilities and to make the interconnection process more transparent and less complex for larger facilities. The current interconnection rules were adopted in 2010 and incorporated the then-current best practices for interconnection agreements and procedures. The proposed amendments to Chapter 45 are intended to incorporate current best practices and to incorporate newly adopted Iowa Code section 476.58.

Also, the Board is conducting a comprehensive review of its rules and, as part of that review, is attempting to make the rules more readable, to streamline reporting requirements in the rules, and to transition away from providing forms within the rules. The intent of these changes is to promote ease of access for those interacting with the Board.

The order approving this Notice of Intended Action can be found on the Board's Electronic Filing System (EFS) Web site, http://efs.iowa.gov, in Docket No.RMU-2016-0003.

Pursuant to Iowa Code sections 17A.4(1)"a" and "b," any interested person may file a written statement of position pertaining to the proposed amendments. The statement must be filed on or before September 6, 2016. The statement should be filed electronically through the Board's EFS. Instructions for making an electronic filing can be found on the EFS Web site at http://efs.iowa.gov. Filings shall comply with the format requirements in 199 IAC 2.2(2) and clearly state the author's name and address and make specific reference to Docket No. RMU-2016-0003. Paper comments may only be filed with approval of the Board.

No oral presentation is scheduled at this time. Pursuant to Iowa Code section 17A.4(1)"b," an oral presentation may be requested or the Board on its own motion after reviewing the comments may determine an oral presentation should be scheduled. Requests for an oral presentation should be filed on the date scheduled for written comments.

After analysis and review of this rule making, the Board tentatively concludes that the proposed amendments, if adopted, will not have a detrimental effect on jobs in Iowa. The proposed amendments will have a beneficial effect by incorporating current best practices as well as adopting rules pursuant to Iowa Code section 476.58. The amendments will also promote ease of access for those interacting with the Board.

These amendments are intended to implement Iowa Code sections 17A.4, 476.6A, and 476.58.

The following amendments are proposed.

Item 1. Amend the following definitions in rule 199—45.1(476):

"Certificate of completion" means the Standard Certificate of Completion in Appendix B (199—45.15(476)) form that contains information about the interconnection equipment to be used, its installation, and local inspections.

"Distributed generation facility" means a qualifying facility, or an AEP facility, or an energy storage facility.

"Nationally recognized testing laboratory" or "NRTL" means a qualified private organization that meets the requirements of the Occupational Safety and Health Administration's (OSHA) regulations. See 29 CFR 1910.7 as amended through April 9, 2014[effective date of this amendment]. NRTLs perform independent safety testing and product certification. Each NRTL shall meet the requirements as set forth by OSHA in its NRTL program.

"UL Standard 1741" means the standard titled "Inverters, Converters, and Controllers , and Interconnection System Equipment for Use in Independent Power Systems with Distributed Energy Resources," January 28, 2010, edition, Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 60062-2096.

Item 2. Adopt the following new definitions of "Disconnection device" and "Electric meter" in rule 199—45.1(476):

"Disconnection device" means a lockable visual disconnect or other disconnection device, such as, but not limited to, a service disconnect, gang operated main disconnect, or breaker capable of disconnecting and de-energizing the residual voltage in a distributed generation facility.

"Electric meter" means a device used by an electric utility that measures and registers the integral of an electrical quantity with respect to time.

Item 3. Rescind the definition of "Standard distributed generation interconnection agreement" in rule 199—45.1(476).

Item 4. Amend rule 199—45.2(476) as follows:

199—45.2(476) Scope.

45.2(1) This chapter applies to utilities, and distributed generation facilities seeking to operate in parallel with utilities, provided the facilities are not subject to the interconnection requirements of the Federal Energy Regulatory Commission (FERC), the Midwest Midcontinent Independent Transmission System Operator, Inc. (MISO), the Southwest Power Pool (SPP), the Midwest Reliability Organization (MRO), or the Mid-Continent Area Power Pool (MAPP) SERC Reliability Corporation (SERC).

45.2(2) If the nameplate capacity of the facility is greater than 10 MVA, the interconnection customer and the utility shall start with the Level 4 review process and agreements under rules rule 199—45.11(476), 199—45.17(476), 199—45.18(476), 199—45.19(476), and 199—45.20(476), and modify the process and agreements as needed by mutual agreement. In addition, the interconnection customer and the utility shall start with the technical standards under rule 199—45.3(476) and modify the standards as needed by mutual agreement. If the interconnection customer and the utility cannot reach mutual agreement, the interconnection customer may seek resolution through the rule 199—45.12(476) dispute process.

Item 5. Amend paragraph 45.3(1)"c" as follows:

c. National Electrical Code, ANSI/NFPA 70- 2008 2014.

Item 6. Amend subrule 45.3(2) as follows:

45.3(2) Interconnection facilities.

a. The utility may require the A distributed generation facility placed in service after July 1, 2015, is required to have the capability to be isolated from the utility, either by means of a lockable, visible-break isolation device accessible by the utility, or by means of a lockable isolation device whose status is indicated and is accessible by the utility have installed a disconnection device. If an isolation device is required by the utility, the The disconnection device shall be installed, owned, and maintained by the owner of the distributed generation facility and located electrically between the distributed generation facility and the point of interconnection. A draw-out type of circuit breaker accessible to the utility with a provision for padlocking at the drawn-out position satisfies the requirement for an isolation device and shall be easily visible and adjacent to an interconnection customer's electric meter at the facility. Disconnection devices are considered easily visible and adjacent: for a home or business, up to ten feet away from the meter and within the line of sight of the meter, at a height of 30 inches to 72 inches above final grade; or for large areas with multiple buildings that require electric service, up to 30 feet away from the meter and within the line of sight of the meter, at a height of 30 inches to 72 inches above final grade. The disconnection device shall be labeled with a permanently attached sign with clearly visible letters that give procedures/directions for disconnecting the distributed generation facility.

(1)If an interconnection customer with distributed generation facilities installed prior to July 1, 2015, adds generation capacity to its existing system that does not require upgrades to the electric meter or electrical service, a disconnection device is not required.

(2)If an interconnection customer with distributed generation facilities installed prior to July 1, 2015, upgrades or changes its electric service, the new or modified electric service must meet all current utility electric service rule requirements.

b. For all distributed generation installations, the customer shall be required to provide and place a permanent placard no more than ten feet away from the electric meter. The placard must be visible from the electric meter. The placard must clearly identify the presence and location of the disconnection device for the distributed generation facilities on the property. The placard must be made of material that is suitable for the environment and must be designed to last for the duration of the anticipated operating life of the distributed generation facility. If no disconnection device is present, the placard shall state "no disconnection device".

If the distributed generation facility is not installed at the building with the electric meter, an additional placard must be placed at the electric meter to provide specific information regarding the distributed generation facility and the disconnection device.

b. c.The interconnection shall include overcurrent devices on the facility to automatically disconnect the facility at all currents that exceed the full-load current rating of the facility.

c. d.Distributed generation facilities with a design capacity of 100 kVA or less must be equipped with automatic disconnection upon loss of electric utility-supplied voltage.

d. e.Those facilities that produce a terminal voltage prior to the closure of the interconnection shall be provided with synchronism-check devices to prevent closure of the interconnection under conditions other than a reasonable degree of synchronization between the voltages on each side of the interconnection switch.

f. An interconnection customer that fails to comply with the foregoing requirements may be disconnected as provided in 199—Chapter 20. The disconnection process details shall be provided in individual utility tariffs or in the interconnection agreement.

Item 7. Amend subrule 45.3(3) as follows:

45.3(3)  Access. If an isolation a disconnection device is required by the utility, both the operator of the distributed generation facility , and the utility , and emergency personnel shall have access to the isolation disconnection device at all times. An For distributed generation facilities installed prior to July 1, 2015, an interconnection customer may elect to provide the utility with access to an isolation a disconnection device that is contained in a building or area that may be unoccupied and locked or not otherwise accessible to the utility by installing a lockbox provided by the utility that allows ready access to the isolation disconnection device. The lockbox shall be in a location determined by the utility , in consultation with the customer, to be accessible by the utility. The interconnection customer shall permit the utility to affix a placard in a location of the utility's choosing that provides instructions to utility operating personnel for accessing the isolation disconnection device. If the utility needs to isolate the distribution generation facility, the utility shall not be held liable for any damages resulting from the actions necessary to isolate the generation facility.

Item 8. Amend subrule 45.3(4) as follows:

45.3(4)  Inspections and testing. The operator of the distributed generation facility shall adopt a program of inspection and testing of the generator and its appurtenances and the interconnection facilities in order to determine necessity for replacement and repair. Such a program should include all periodic tests and maintenance prescribed by the manufacturer. If the periodic testing of interconnection-related protective functions is not specified by the manufacturer, periodic testing shall occur at least once every five years. All interconnection-related protective functions shall be periodically tested, and a system that depends upon a battery for trip power shall be checked and logged. Representatives of the utility shall have access at all reasonable hours to the interconnection equipment specified in subrule 45.3(2) for inspection and testing with reasonable prior notice to the applicant. If the utility discovers that the applicant's facility is not in compliance with the requirements of IEEE Standard 1547 and the noncompliance adversely affects the safety or reliability of the electrical system, the utility may require disconnection of the applicant's facility until the facility complies with this chapter.

Item 9. Adopt the following new subrule 45.3(6):

45.3(6) Notification. When the distributed generation facility is placed in service, owners of interconnected distributed generation facilities are required to notify local paid or volunteer fire departments via U.S. mail of the location of distributed generation facilities and the associated disconnection devices. The owner is required to provide any information related to the distributed generation facility as required by that local fire department including but not limited to:

a. A site map showing property address; service point from utility company; distributed generation facility and disconnect service location(s); location of rapid shutdown and battery disconnect(s), if applicable; property owner's or owner's representative's emergency contact information; utility company's emergency telephone number; and size of the distributed generation facility.

b. Information to access the disconnection device.

c. A statement from the owner verifying that the distributed generation facility was installed in accordance with the current state-adopted National Electrical Code.

Item 10. Amend rule 199—45.4(476) as follows:

199—45.4(476) Interconnection requests.

45.4(1) Applicants seeking to interconnect a distributed generation facility shall submit an interconnection request to the utility that owns the electric distribution system to which interconnection is sought. Applicants shall identify in the application if they are representing a group of customers that are located in the same vicinity and whether the application requires a group interconnection study. Applicants shall follow the board-approved processes and use the board-approved interconnection request forms approved by the board and agreements that are provided on the board's Web site, http://iub.iowa.gov. Applicants may request a preapplication report from the utility using the board-approved preapplication request process that is provided on the board's Web site.

45.4(2) Utilities shall specify the fee by level that the applicant shall remit to process the interconnection request. The fee shall be specified in the interconnection request forms. Utilities may charge a fee by level that applicants must remit in order to process an interconnection request. The utilities shall not charge more than the fees specified in the Standard Application Forms in Appendix A (199—45.14(476)) and Appendix C (199—45.16(476)) Level 1 Interconnection Request Application form and Distributed Generation Interconnection Agreement or the Levels 2 to 4 Interconnection Request Application form, which are located on the board's Web site.

45.4(3) Interconnection requests may be submitted electronically, if agreed to by the parties.

Item 11. Amend subrule 45.5(6) as follows:

45.5(6)  When an applicant is not currently a customer of the utility at the proposed site, the The applicant shall provide, upon utility request, proof of the applicant's legal right to control the site (s) , evidenced by the applicant's name on a property tax bill, deed, lease agreement or other legally binding contract. Site control may be demonstrated through:

a. Ownership of, a leasehold interest in, or a right to develop a site for the purpose of constructing, the distributed generation facility;

b. An option to purchase or acquire a leasehold site for such purpose; or

c. Exclusivity or other business relationship between the interconnection customer and the entity having the right to sell, lease, or grant the interconnection customer the right to possess or occupy a site for such purpose.

Item 12. Amend subrule 45.5(8) as follows:

45.5(8) Any metering required for a distributed generation interconnection shall be installed, operated, and maintained in accordance with the utility's metering rules filed with the board under 199—subrule 20.2(5), and inspection and testing practices adopted under rule 199—20.6(476) defined in 199—Chapter 20. Any such metering requirements shall be identified in the Standard Level 1 Interconnection Request Application form and Distributed Generation Interconnection Agreement or the Levels 2 to 4 Distributed Generation Interconnection Request Agreement executed between the interconnection customer and the utility.

Item 13. Amend subrule 45.6(2) as follows:

45.6(2) Lab-certified interconnection equipment shall not require further design testing or production testing, as specified by IEEE Standard 1547, Sections 5.1 and 5.2, or additional interconnection equipment modification to meet the requirements for expedited review; however, nothing in this subrule shall preclude the need for an interconnection installation evaluation, the applicant shall conduct all commissioning tests , or periodic testing as specified by IEEE Standard 1547, Sections 5.3, 5.4, and 5.5 , or for a witness test conducted by a utility. The utility may conduct additional witness tests, but no more frequently than annually.

Item 14. Amend paragraph 45.7(1)"b" as follows:

b. The distributed generation facility has a nameplate capacity rating of 10 20 kVA or less; and

Item 15. Amend subrule 45.7(2) as follows:

45.7(2) A utility shall use Level 2 procedures for evaluating interconnection requests when:

a. The applicant has filed a Level 2 application; and

b. The nameplate capacity rating is 2 MVA or less for non-inverter-based systems. The Level 2 eligibility for inverter-based systems can be based on the following table.

For purposes of this table, a mainline is the three-phase backbone of a circuit; and

c. The interconnection equipment proposed for the distributed generation facility is lab-certified; and

d. The proposed interconnection is to a radial distribution circuit or a spot network limited to serving one customer; and

e. No construction of facilities by the utility shall be required to accommodate the distributed generation facility, other than minor modifications provided for in subrule 45.9(6).

Item 16. Amend subrule 45.8(2) as follows:

45.8(2) The Level 1 interconnection shall use the following procedures:

a. The applicant shall submit an interconnection request using the appropriate Standard Level 1 Interconnection Request Application Form in Appendix A (199—45.14(476)) form and Distributed Generation Interconnection Agreement along with the Level 1 application fee.

b. to d. No change.

e. Otherwise, the utility shall approve the interconnection request and provide to the applicant a signed version of the standard "Conditional Agreement to Interconnect Distributed Generation Facility " in Appendix A (199—45.14(476)) the Level 1 Interconnection Request Application form and Distributed Generation Interconnection Agreement subject to the following conditions:

(1)The distributed generation facility has been approved by local or municipal electric code officials with jurisdiction over the interconnection;

(2)The Standard Certificate of Completion in Appendix B (199—45.15(476)) form has been returned to the utility. Completion of local inspections may be designated on inspection forms used by local inspecting authorities;

(3)The witness test has either been successfully completed or waived by the utility in accordance with Section (2)(c)(ii) of the Terms and Conditions for Interconnection in Appendix A (199—45.14(476)) the Level 1 Interconnection Request Application form and Distributed Generation Interconnection Agreement; and

(4)The applicant has signed the standard "Conditional Agreement to Interconnect Distributed Generation Facility " in Appendix A (199—45.14(476)) the Level 1 Interconnection Request Application form and Distributed Generation Interconnection Agreement. When an applicant does not sign the agreement within 30 business days after receipt of the agreement from the utility, the interconnection request is deemed withdrawn unless the applicant requests to have the deadline extended for no more than 15 business days. An initial request for extension shall not be denied by the utility, but subsequent requests may be denied.

f. If a distributed generation facility is not approved under a Level 1 review , and the utility's reasons for denying Level 1 status are not subject to dispute, the applicant may submit a new interconnection request for consideration under Level 2, Level 3, or Level 4 procedures. The date of the completed Level 1 interconnection request shall be retained and shall be used to determine the review order position for subsequent Level 2 to 4 applications, provided the request is made by the applicant within 15 business days after notification that the Level 1 interconnection request is denied.

Item 17. Amend paragraph 45.9(1)"i" as follows:

i. A distributed generation facility, in aggregate with other generation interconnected to the distribution side of a substation transformer feeding the circuit where the distributed generation facility proposes to interconnect, may not exceed 10 MVA in an area where there are transient stability limitations to generating units located in the general electrical vicinity, as publicly posted by the Mid-Continent Area Power Pool (MAPP), Midwest Reliability Organization (MRO), the SERC Reliability Corporation (SERC), the Midwest Midcontinent Independent Transmission System Operator, Inc. (MISO) , or the Midwest Reliability Organization (MRO) or the Southwest Power Pool (SPP).

Item 18. Amend paragraph 45.9(2)"a" as follows:

a. The applicant submits an interconnection request using the appropriate Standard Levels 2 to 4 Interconnection Request Application Form in Appendix C (199—45.16(476)) form along with the Level 2 application fee.

Item 19. Amend subrule 45.9(3) as follows:

45.9(3) When a utility determines that the interconnection request passes the Level 2 screening criteria, or the utility determines that the distributed generation facility can be interconnected safely and will not cause adverse system impacts, even if it the facility fails one or more of the Level 2 screening criteria, it the utility shall provide the applicant with the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement in Appendix D (199—45.17(476)) within three business days of the date the utility makes its determination.

Item 20. Amend subrule 45.9(4) as follows:

45.9(4) Within 35 30 business days after issuance by the utility of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement, the applicant shall sign and return the agreement to the utility. If the applicant does not sign and return the agreement within 35 30 business days, the interconnection request shall be deemed withdrawn unless the applicant requests a 15-business-day extension in writing before the end of the 35 30-day period. The initial request for extension may not be denied by the utility. When the utility conducts an additional review under the provisions of subrule 45.9(6), the interconnection of the distributed generation facility shall proceed according to milestones agreed to by the parties in the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement.

Item 21. Amend subrule 45.9(5) as follows:

45.9(5) The Standard Levels 2 to 4 Distributed Generation Interconnection Agreement is not final until:

a. All requirements in the agreement are satisfied;

b. The distributed generation facility is approved by the electric code officials with jurisdiction over the interconnection;

c. The applicant provides the Standard Certificate of Completion in Appendix B (199—45.15(476)) form to the utility. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

d. The witness test has either been successfully completed or waived by the utility in accordance with Article 2.1.1 of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement.

Item 22. Amend subrule 45.9(6) as follows:

45.9(6) Additional review may be appropriate when a distributed generation facility fails to meet one or more of the Level 2 screens. The utility shall offer to perform additional review to determine whether there are minor modifications to the distributed generation facility or electric distribution system that would enable the interconnection to be made safely and so that it will not cause without causing adverse system impacts. The utility shall provide the applicant with a nonbinding estimate for the costs of additional review and the costs of minor modifications to the electric distribution system. The utility shall undertake the additional review only after the applicant pays for the additional review. The utility shall undertake the modifications only after the applicant pays for the modifications. The utility shall adopt the board-approved supplemental review process unless the utility has defined a supplemental review process in its board-approved tariff. The board-approved supplemental review process is provided on the board's Web site.

Item 23. Amend paragraph 45.10(1)"a" as follows:

a. The applicant shall submit an interconnection request using the appropriate Standard Levels 2 to 4 Interconnection Request Application Form in Appendix C (199—45.16(476)) form along with the Level 3 application fee.

Item 24. Amend subrule 45.10(2) as follows:

45.10(2) For a distributed generation facility that satisfies the criteria in paragraph 45.10(1) "e" or 45.10(1) "f," the utility shall approve the interconnection request and provide the applicant with the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement in Appendix D (199—45.17(476)) for the applicant to sign within three business days of the date the utility makes its determination.

Item 25. Amend subrule 45.10(3) as follows:

45.10(3) Within 35 30 business days after issuance by the utility of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement, the applicant shall complete, sign, and return the agreement to the utility. If the applicant does not sign the agreement within 35 30 business days, the request shall be deemed withdrawn, unless the applicant requests a 15-business-day extension in writing before the end of the 35 30-day period. An initial request for extension may not be denied by the utility. After the agreement is signed by the parties, interconnection of the distributed generation facility shall proceed according to any milestones agreed to by the parties in the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement.

Item 26. Amend subrule 45.10(4) as follows:

45.10(4) The Standard Levels 2 to 4 Distributed Generation Interconnection Agreement shall not be final until:

a. All requirements in the agreement are satisfied; and

b. The distributed generation facility is approved by the electric code officials with jurisdiction over the distributed generation facility; and

c. The applicant provides the Standard Certificate of Completion in Appendix B (199—45.15(476)) form to the utility; and

d. The witness test has either been successfully completed or waived by the utility in accordance with Article 2.1.1 of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement.

Item 27. Amend subrule 45.11(1) as follows:

45.11(1) The applicant submits an interconnection request using the appropriate Standard Levels 2 to 4 Interconnection Request Application Form in Appendix C (199—45.16(476)) form along with the Level 4 application fee.

Item 28. Amend paragraph 45.11(4)"b" as follows:

b. Standard Level 4 study review procedures.

(1)No change.

(2)Feasibility study. Unless waived or combined with other studies pursuant to paragraph 45.11(4)"a," an interconnection feasibility study (subrule 45.11(5)) shall be performed.

1.The utility shall provide the applicant a copy of the Standard Interconnection Feasibility Study Agreement in Appendix E (199—45.18(476)) or a mutually agreed-upon alternative form, plus a description of the study and a nonbinding estimate of the cost to perform the study.

2. and 3. No change.

(3)System impact study. Unless waived or combined with other studies pursuant to paragraph 45.11(4)"a," an interconnection system impact study (subrule 45.11(6)) shall be performed.

1.The utility shall provide the applicant a copy of the Standard Interconnection System Impact Study Agreement in Appendix F (199—45.19(476)) or a mutually agreed-upon alternative form, plus an outline of the scope of the study and a nonbinding estimate of the cost to perform the study.

2. and 3. No change.

(4)Facilities study. Unless waived or combined with other studies pursuant to paragraph 45.11(4)"a," an interconnection facilities study (subrule 45.11(7)) shall be performed.

1.The utility shall provide the applicant a copy of the Standard Interconnection Facilities Study Agreement in Appendix G (199—45.20(476)) or a mutually agreed-upon alternative form, plus an outline of the scope of the study and a nonbinding estimate of the cost to perform the study.

2. and 3. No change.

Item 29. Amend paragraph 45.11(5)"e" as follows:

e. Either party can require that the Standard Interconnection Feasibility Study Agreement in Appendix E (199—45.18(476)) be used. However, if both parties agree, an alternative form can be used.

Item 30. Amend paragraph 45.11(6)"d" as follows:

d. Either party can require that the Standard Interconnection System Impact Study Agreement in Appendix F (199—45.19(476)) be used. However, if both parties agree, an alternative form can be used.

Item 31. Amend paragraph 45.11(7)"d" as follows:

d. Upon completion of the interconnection facilities study, and after the applicant agrees to pay for the interconnection facilities and distribution upgrades identified in the interconnection facilities study, the utility shall provide the applicant with the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement in Appendix D (199—45.17(476)) for the applicant to sign within three business days of the date the utility makes its determination.

Item 32. Amend paragraph 45.11(7)"f" as follows:

f. Either party can require that the Standard Interconnection Facilities Study Agreement in Appendix G (199—45.20(476)) be used. However, if both parties agree, an alternative form can be used.

Item 33. Amend subrule 45.11(8) as follows:

45.11(8) When a utility determines, as a result of the studies conducted under a Level 4 review, that it is appropriate to interconnect the distributed generation facility, the utility shall provide the applicant with the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement in Appendix D (199—45.17(476)). If the interconnection request is denied, the utility shall provide the applicant with a written explanation as to its reasons for denying interconnection. If denied, the interconnection request does not retain its position in the review order.

Item 34. Amend subrule 45.11(9) as follows:

45.11(9) Within 30 business days after receipt of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement, the applicant shall provide all necessary information required of the applicant by the agreement, and the utility shall develop all other information required of the utility by the agreement. After completing the agreement with the additional information, the utility will transmit the completed agreement to the applicant. Within 30 business days after receipt of the completed agreement, the applicant shall sign and return the completed agreement to the utility. If the applicant does not sign and return the agreement within 30 business days after receipt, the interconnection request shall be deemed withdrawn, unless the applicant requests in writing to have the deadline extended by no more than 15 business days, prior to the expiration of the 30-business-day period. The initial request for extension may not be denied by the utility. If the applicant does not sign and return the agreement after the 15-business-day extension, the interconnection request shall be deemed withdrawn. If withdrawn, the interconnection request does not retain its position in the review order. When construction is required, the interconnection of the distributed generation facility shall proceed according to milestones agreed to by the parties in the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement.

Item 35. Amend subrule 45.11(10) as follows:

45.11(10) The Standard Levels 2 to 4 Distributed Generation Interconnection Agreement is not final until:

a. The requirements of the agreement are satisfied; and

b. The distributed generation facility is approved by electric code officials with jurisdiction over the interconnection; and

c. The applicant provides the Standard Certificate of Completion in Appendix B (199—45.15(476)) form to the utility. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

d. The witness test has either been successfully completed or waived by the utility in accordance with Article 2.1.1 of the Standard Levels 2 to 4 Distributed Generation Interconnection Agreement in Appendix D (199—45.17(476)).

Item 36. Amend subrule 45.13(2) as follows:

45.13(2)  Beginning May 1, 2011, each Each utility shall file a nonconfidential annual report detailing the information required in subrule 45.13(1) for the previous calendar year the utility's distributed generation interconnection as required by 199—Chapter 15.

Item 37. Rescind rules 199—45.14(476) to 199—45.20(476).