NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
Effective Date: 1/27/2012 - Docket #: ER12-1086-000 - Page 1
NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
STANDARD SMALL GENERATOR
INTERCONNECTION AGREEMENT (SGIA)
between the
new york independent system operator, inc.
and
Rochester Gas and Electric Corporation
Dated as of January 27, 2012
(for the Browns Race Facility)
Effective Date: 1/27/2012 - Docket #: ER12-1086-000 - Page 1
NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
TABLE OF CONTENTS
Page No.
Article 1.Scope and Limitations of Agreement...................................2
1.1Applicability......................................................2
1.2Purpose..........................................................2
1.3Scope of Interconnection Service......................................2
1.4Limitations.......................................................2
1.5Responsibilities of the Parties.........................................2
1.6Parallel Operation Obligations........................................3
1.7Metering.........................................................3
1.8Reactive Power....................................................4
1.9Capitalized Terms..................................................4
Article 2.Inspection, Testing, Authorization, and Right of Access....................5
2.1Equipment Testing and Inspection.....................................5
2.2Authorization Required Prior to Parallel Operation........................5
2.3Right of Access....................................................5
Article 3.Effective Date, Term, Termination, and Disconnection.....................7
3.1Effective Date.....................................................7
3.2Terms of Agreement................................................7
3.3Termination.......................................................7
3.4Temporary Disconnection............................................7
Article 4.Cost Responsibility for Interconnection Facilities and
Distribution Upgrades..............................................10
4.1Interconnection Facilities...........................................10
4.2Distribution Upgrades..............................................10
Article 5.Cost Responsibility for System Upgrade Facilities and System Deliverability Upgrades 11
5.1Applicability.....................................................11
5.2System Upgrades.................................................11
5.3Special Provisions for Affected Systems...............................11
Article 6.Billing, Payment, Milestone, and Financial Security......................12
6.1Billing and Payment Procedures and Financial Accounting.................12
6.2Milestones........................................................12
6.3Financial Security Arrangements......................................12
Article 7Assignment, Liability, Indemnity, Force Majeure,
Consequential Damages, and Default...................................13
7.1Assignment.......................................................13
7.2Limitation of Liability..............................................13
7.3Indemnity........................................................13
7.4Consequential Damages.............................................14
7.5Force Majeure.....................................................15
7.6Breach and Default.................................................15
Article 8Insurance.........................................................17
Article 9.Confidentiality....................................................18
Article 10.Disputes........................................................20
Article 11.Taxes............................................................21
Article 12.Miscellaneous....................................................22
12.1Governing Law, Regulatory Authority, and Rules........................22
12.2Amendment......................................................22
12.3No Third-Party Beneficiaries........................................22
12.4Waiver..........................................................22
12.5Entire Agreement.................................................22
12.6Multiple Counterparts..............................................23
12.7No Partnership...................................................23
12.8Severability......................................................23
12.9Security Arrangements.............................................23
12.10Environmental Releases............................................23
12.11Subcontractors...................................................24
12.12Reservation of Rights..............................................24
Article 13.Notices.........................................................25
13.1General.........................................................25
13.2Billing and Payment...............................................25
13.3Alternative Forms of Notice..........................................26
13.4Designated Operating Representative...................................26
13.5Changes to the Notice Information.....................................27
Article 14.Signatures........................................................28
Attachment 1Glossary of Terms.................................................1-1
Attachment 2Detailed Scope of Work, Including Description and Costs of the
Small Generating Facility, Interconnection Facilities, and Metering
Equipment......................................................2-1
Attachment 3One-line Diagram Depicting the Small Generating Facility,
Interconnection Facilities, Metering Equipment, and Upgrades ............3-1
Attachment 4Milestones......................................................4-1
Attachment 5Additional Operating Requirements for the New York State
Transmission System, the Distribution System and Affected
Systems Needed to Support the Interconnection Customer’s Needs.........5-1
Attachment 6Connecting Transmission Owner’s Description of its Upgrades and Best
Estimate of Upgrade Costs.........................................6-1
Attachment 7Insurance Coverage...............................................7-1
Effective Date: 1/27/2012 - Docket #: ER12-1086-000 - Page 1
NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
STANDARD SMALL GENERATOR INTERCONNECTION AGREEMENT
This Interconnection Agreement (“Agreement”) is made and entered into this 27th day of January 2012, by and between the New York Independent System Operator, Inc., a not-for-profit corporation organized and existing under the laws of the State of New York (“NYISO”), and Rochester Gas and Electric Corporation, a corporation organized and existing under the laws of the State of New York (“RG&E”), each hereinafter sometimes referred to individually as “Party” or referred to collectively as the “Parties.”
NYISO Information
New York Independent System Operator
Attention: Henry Chao
Vice President, System and Resource Planning
Address: 10 Krey BoulevardCity: Rensselaer State: New York Zip: 12144
Phone: (518) 356-6000Fax: (518) 356-6118
RG&E Information
Rochester Gas and Electric Corporation
Attention: Manager Programs/Projects
Electric Transmission Services
Address:18 Link Drive
City: BinghamtonState: New YorkZip: 13902-5224
Phone: (607) 762-7606
Interconnection Customer Application No: 1829
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
Article 1Scope and Limitations of Agreement
1.1Applicability
This Small Generator Interconnection Agreement (“SGIA”) shall be used for all Interconnection Requests submitted under the Small Generator Interconnection Procedures (“SGIP”) except for those submitted under the 10 kW Inverter Process contained in SGIP Attachment 5.
1.2Purpose
This Agreement governs the terms and conditions under which RG&E’s Small Generating Facility will interconnect with, and operate in parallel with, the New York State Transmission System or the Distribution System.
1.3Scope of Interconnection Service
1.3.1NYISO will provide Capacity Resource Interconnection Service and Energy Resource Interconnection Service to RG&E at the Point of Interconnection, with Capacity Resource Interconnection Service subject to the provisions set forth in Attachment 5.
1.3.2This Agreement does not constitute an agreement to purchase or deliver power. The purchase or delivery of power and other services that RG&E may require will be covered under separate agreements, if any, or applicable provisions of NYISO’s tariffs. RG&E will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity in accordance with the applicable provisions of the NYISO OATT. The execution of this Agreement does not constitute a request for, nor agreement to, provide energy, any Ancillary Services or Installed Capacity under the NYISO Services Tariff. If RG&E wishes to supply or purchase energy, Installed Capacity or Ancillary Services, then RG&E will make application to do so in accordance with the NYISO Services Tariff.
Once the Small Generating Facility has been authorized to commence parallel operation, RG&E shall abide by all rules and procedures pertaining to the parallel operation of the Small Generating Facility in the applicable control area, including, but not limited to; (1) the rules and procedures concerning the operation of generation set forth in the NYISO tariffs or ISO Procedures or RG&E’s tariff; (2) any requirements consistent with Good Utility Practice or that are necessary to ensure the safe and reliable operation of the Transmission System or Distribution System; and (3) the Operating Requirements set forth in Attachment 5 of this Agreement.
RG&E shall be responsible for the purchase, installation, operation, maintenance, testing, repair, and replacement of metering and data acquisition equipment specified in Attachments 2 and 3 of this Agreement. RG&E’s metering (and data acquisition, as required) equipment shall conform to applicable industry rules and Operating Requirements.
Article 2.Inspection, Testing, Authorization, and Right of Access
Article 3Effective Date, Term, Termination, and Disconnection
This Agreement shall become effective upon execution by the Parties subject to acceptance by FERC (if applicable), or if filed unexecuted, upon the date specified by the FERC. The NYISO shall promptly file, or cause to be filed, this Agreement with FERC upon execution, if required. If the Agreement is disputed and RG&E requests that it be filed with FERC in an unexecuted form, the NYISO shall file, or cause to be filed, this Agreement and the NYISO shall identify the disputed language.
This Agreement shall become effective on the Effective Date and shall remain in effect for a period of twenty five years from the Effective Date or such other longer period as RG&E may request and shall be automatically renewed for each successive one-year period thereafter, unless terminated earlier in accordance with article 3.3 of this Agreement.
No termination shall become effective until the Parties have complied with all Applicable Laws and Regulations applicable to such termination, including the filing with FERC of a notice of termination of this Agreement (if required), which notice has been accepted for filing by FERC.
Temporary disconnection shall continue only for so long as reasonably necessary under Good Utility Practice.
3.4.1Emergency Conditions
“Emergency Condition” shall mean a condition or situation: (1) that in the judgment of the Party making the claim is imminently likely to endanger life or property; or (2) that, in the case of the NYISO, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to the New York State Transmission System or Distribution System, or the electric systems of others to which the New York State Transmission System or Distribution System is directly connected; or (3) that, in the case of RG&E, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to, the Small Generating Facility or the Interconnection Facilities. Under Emergency Conditions, the NYISO or RG&E may immediately suspend interconnection service and temporarily disconnect the Small Generating Facility. The NYISO shall notify RG&E promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the operation of the Small Generating Facility. RG&E shall notify the NYISO promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the New York State Transmission System or Distribution System or any Affected Systems. 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 each Party’s facilities and operations, its anticipated duration, and the necessary corrective action.
The NYISO may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. NYISO or RG&E shall provide five Business Days notice prior to such interruption. The NYISO and RG&E shall use Reasonable Efforts to coordinate such reduction or temporary disconnection.
3.4.3Forced Outages
During any forced outage, the NYISO may suspend interconnection service to the Small Generating Facility to effect immediate repairs on the New York State Transmission System or the Distribution System. The NYISO shall use Reasonable Efforts to provide RG&E with prior notice. If prior notice is not given, the NYISO shall, upon request, provide RG&E written documentation after the fact explaining the circumstances of the disconnection.
The NYISO shall notify RG&E as soon as practicable if, based on Good Utility Practice, operation of the Small Generating Facility may cause disruption or deterioration of service to other customers served from the same electric system, or if operating the Small Generating Facility could cause damage to the New York State Transmission System, the Distribution System or Affected Systems, or if disconnection is otherwise required under Applicable Reliability Standards or the NYISO OATT. Supporting documentation used to reach the decision to disconnect shall be provided to RG&E upon request. If, after notice, RG&E fails to remedy the adverse operating effect within a reasonable time, the NYISO may disconnect the Small Generating Facility. The NYISO shall provide RG&E with five Business Days notice of such disconnection, unless the provisions of article 3.4.1 apply.
RG&E must receive written authorization from the NYISO before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If RG&E makes such modification without the prior written authorization of the NYISO, the NYISO shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.
The Parties shall cooperate with each other to restore the Small Generating Facility, Interconnection Facilities, and the New York State Transmission System and Distribution System to their normal operating state as soon as reasonably practicable following a temporary disconnection.
Article 4.Cost Responsibility for Interconnection Facilities and Distribution Upgrades
RG&E shall design, procure, construct, install, and own the Distribution Upgrades described in Attachment 6 of this Agreement. RG&E shall be responsible for the expenses, including overheads, associated with owning, operating, maintaining, repairing, and replacing the Distribution Upgrades, as set forth in Attachment 6 to this Agreement.
Article 5.Cost Responsibility for System Upgrade Facilities and System Deliverability Upgrades
No portion of this article 5 shall apply unless the interconnection of the Small Generating Facility requires System Upgrade Facilities or System Deliverability Upgrades.
RG&E shall procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Attachment 6 of this Agreement. To the extent that design work is necessary in addition to that already accomplished in the Class Year facilities study for the Small Generating Facility, RG&E shall perform or cause to be performed such work.
For the repayment of amounts advanced to Affected System Operator for System Upgrade Facilities or System Deliverability Upgrades, the Interconnection Customer and Affected System Operator shall enter into an agreement that provides for such repayment, but only if responsibility for the cost of such System Upgrade Facilities is not to be allocated in accordance with Attachment S of the NYISO OATT. The agreement shall specify the terms governing payments to be made by the Interconnection Customer to Affected System operator as well as the repayment by Affected System Operator.
Article 6.Billing, Payment, Milestones and Financial Security
Subject to the provisions of the SGIP, the Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party’s obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Force Majeure event, it shall immediately notify the other Party of the reason(s) for not meeting the milestone and (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless it will suffer significant uncompensated economic or operational harm from the delay, (1) attainment of the same milestone has previously been delayed, or (2) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment.
Article 7.Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, and Default
This Agreement, and each and every term and condition hereof, shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. This Agreement may be assigned by any Party upon 15 Business Days prior written notice and opportunity to object by the other Party; provided that:
Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Party for any indirect, special, consequential, or punitive damages.
7.5.1As used in this article, a Force Majeure Event shall mean “any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure Event does not include an act of negligence or intentional wrongdoing.” For the purposes of this article, this definition of Force Majeure shall supersede the definitions of Force Majeure set out in Section 2.11 of the NYISO OATT.
7.5.2If an event of Force Majeure prevents a Party from fulfilling any obligations under this Agreement, the Party affected by the Force Majeure event (Affected Party) shall promptly notify the other Party, either in writing or via the telephone, of the existence of the Force Majeure event. The notification must specify in reasonable detail the circumstances of the Force Majeure event, its expected duration, and the steps that the Affected Party is taking to mitigate the effects of the event on its performance. The Affected Party shall keep the other Party informed on a continuing basis of developments relating to the Force Majeure event until the event ends. The Affected Party will be entitled to suspend or modify its performance of obligations under this Agreement (other than the obligation to make payments) only to the extent that the effect of the Force Majeure event cannot be mitigated by the use of Reasonable Efforts. The Affected Party will use Reasonable Efforts to resume its performance as soon as possible.
Article 9.Confidentiality
Article 11.Taxes
The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the state of New York, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.
The Parties may amend this Agreement by a written instrument duly executed by the Parties, or under article 12.12 of this Agreement.
This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and where permitted, their assigns. Notwithstanding the foregoing, any subcontractor of RG&E or NYISO assisting either of those Parties with the Interconnection Request covered by this Agreement shall be entitled to the benefits of indemnification provided for under Article 7.3 of this Agreement and the limitation of liability provided for in Article 7.2 of this Agreement.
This Agreement, including all Attachments, constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants which constitute any part of the consideration for, or any condition to, any Party’s compliance with its obligations under this Agreement.
This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.
This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon any Party. No Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, another Party.
If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other Governmental Authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (3) the remainder of this Agreement shall remain in full force and effect.
Infrastructure security of electric system equipment and operations and control hardware and software is essential to ensure day-to-day reliability and operational security. FERC expects the NYISO and RG&E to comply with the recommendations offered by the President’s Critical Infrastructure Protection Board and, eventually, best practice recommendations from the electric reliability authority. All public utilities are expected to meet basic standards for system infrastructure and operational security, including physical, operational, and cyber-security practices.
Each Party shall notify the other Party, first orally and then in writing, of the release of any hazardous substances, any asbestos or lead abatement activities, or any type of remediation activities related to the Small Generating Facility or the Interconnection Facilities, each of which may reasonably be expected to affect the other Party. The notifying Party shall (1) provide the notice as soon as practicable, provided such Party makes a good faith effort to provide the notice no later than 24 hours after such Party becomes aware of the occurrence, and (2) promptly furnish to the other Party copies of any publicly available reports filed with any governmental authorities addressing such events.
Nothing in this Agreement shall prevent a Party from utilizing the services of any subcontractor as it deems appropriate to perform its obligations under this Agreement; provided, however, that each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing such services and each Party shall remain primarily liable to the other Party for the performance of such subcontractor.
Nothing in this Agreement shall alter the right of the NYISO or RG&E to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under Section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder which rights are expressly reserved herein; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under Sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations, except to the extent that the Parties otherwise agree as provided herein.
Unless otherwise provided in this Agreement, any written notice, demand, or request required or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if delivered in person, delivered by recognized national currier service, or sent by first class mail, postage prepaid, to the person specified below:
If to RG&E:
Rochester Gas and Electric Corporation
Attention: Hugh J. Ives
Address: 89 East AvenueCity: Rochester State: New York Zip: 14649-0001
Phone: (585) 724-8209Fax: (585) 724-8832
If to the NYISO:
Before Commercial Operation of the Small Generating Facility:
New York Independent System Operator
Attention: Vice President, System and Resource Planning
Address:10 Krey Boulevard
City: RensselaerState: New YorkZip: 12144
Phone: (518) 356-6000Fax: (518) 356-6118
After Commercial Operation:
New York Independent System Operator
Attention: Vice President, Operations
Address:3890 Carman Road
City: SchenectadyState: New YorkZip: 12303
Phone: (518) 356-6000Fax: (518) 356-6118
Billings and payments shall be sent to the addresses set out below:
RG&E:
Rochester Gas and Electric CorporationAttention: Hugh J. Ives
Address: 89 East Avenue
City: RochesterState: New YorkZip: 14649-0001
Phone: (585) 724-8209Fax: (585) 724-8832
Any notice or request required or permitted to be given by either Party to the other and not required by this Agreement to be given in writing may be so given by telephone, facsimile or e-mail to the telephone numbers and e-mail addresses set out below:
If to RG&E:
Rochester Gas and Electric Corporation
Attention: Hugh J. Ives
Address: 89 East AvenueCity: Rochester State: New York Zip: 14649-0001
Phone: (585) 724-8209Fax: (585) 724-8832
If to the NYISO:
New York Independent System Operator
Attention: Vice President, OperationsAddress: 3890 Carman Rd
City: SchenectadyState: New YorkZip: 12303
Phone: (518) 356-6000Fax: (518) 356-6118
The Parties may also designate operating representatives to conduct the communications which may be necessary or convenient for the administration of this Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Party’s facilities.
RG&E’s Operating Representative:
Rochester Gas and Electric Corporation
Attention: Hugh J. Ives
Address: 89 East AvenueCity: Rochester State: New York Zip: 14649-0001
Phone: (585) 724-8209Fax: (585) 724-8832
NYISO’s Operating Representative:
New York Independent System Operator
Attention: Vice President, Operations
Address:3890 Carman Rd
City: SchenectadyState: New YorkZip: 12303
Phone: (518) 356-6000Fax: (518) 356-6118
Either Party may change this information by giving five Business Days written notice prior to the effective date of the change.
Effective Date: 1/27/2012 - Docket #: ER12-1086-000 - Page 1
NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
Effective Date: 1/27/2012 - Docket #: ER12-1086-000 - Page 1
NYISO Agreements --> Service Agreements --> 1829 SGIA NYISO RG&E Browns Race Facility
Attachment 1
Glossary of Terms
Affected System – An electric system other than the transmission system owned, controlled or operated by the Connecting Transmission Owner that may be affected by the proposed interconnection.
Affected System Operator – Affected System Operator shall mean the operator of any Affected System.
Affected Transmission Owner -- The New York public utility or authority (or its designated agent) other than the Connecting Transmission Owner that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, and (ii) owns, leases or otherwise possesses an interest in a portion of the New York State Transmission System where System Deliverability Upgrades or System Upgrade Facilities are installed pursuant to Attachment Z and Attachment S to the NYISO OATT.
Applicable Laws and Regulations – All duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority, including but not limited to Environmental Law.
Applicable Reliability Standards – The criteria, requirements and guidelines of the North American Electric Reliability Council, the Northeast Power Coordinating Council, the New York State Reliability Council and related and successor organizations, or the Transmission District to which the Interconnection Customer’s Small Generating Facility is directly interconnected, as those criteria, requirements and guidelines are amended and modified and in effect from time to time; provided that no Party shall waive its right to challenge the applicability of or validity of any criterion, requirement or guideline as applied to it in the context of Attachment Z to the NYISO OATT and this Agreement. For the purposes of this Agreement, this definition of Applicable Reliability Standards shall supersede the definition of Applicable Reliability Standards set out in Attachment X to the NYISO OATT.
Base Case -- The base case power flow, short circuit, and stability data bases used for the Interconnection Studies by NYISO, Connecting Transmission Owner or Interconnection Customer; described in Section 30.2.3 of the Large Facility Interconnection Procedures.
Breach - The failure of a Party to perform or observe any material term or condition of this Agreement.
Business Day – Monday through Friday, excluding federal holidays.
Capacity Resource Interconnection Service -- The service provided by NYISO to interconnect the Interconnection Customer’s Small Generating Facility to the New York State Transmission System or Distribution System in accordance with the NYISO Deliverability Interconnection Standard, to enable the New York State Transmission System to deliver electric capacity from the Small Generating Facility, pursuant to the terms of the NYISO OATT.
Connecting Transmission Owner – RG&E.
Deliverability Interconnection Standard – The standard that must be met by any Small Generating Facility larger than 2MW proposing to interconnect to the New York State Transmission System or Distribution System and to become a qualified Installed Capacity Supplier, and must be met by any merchant transmission project proposing to interconnect to the New York State Transmission System and receive Unforced Capacity Delivery Rights. To meet the NYISO Deliverability Interconnection Standard, the Interconnection Customer must, in accordance with the rules in Attachment S to the NYISO OATT, fund or commit to fund the System Deliverability Upgrades identified for its project in the Class Year Deliverability Study.
Default – The failure of a Party in Breach of this Agreement to cure such Breach under the Small Generator Interconnection Agreement.
Distribution System – The facilities and equipment used to distribute electricity that are not under the operational control of the NYISO, and are subject to the SGIP under FERC Order No. 2006. For the purpose of this Agreement, the term Distribution System shall not include LIPA’s distribution facilities.
Distribution Upgrades – The additions, modifications, and upgrades to the Connecting Transmission Owner’s Distribution System at or beyond the Point of Interconnection to facilitate interconnection of the Small Generating Facility and render the transmission service necessary to effect the wholesale sale of electricity in interstate commerce. Distribution Upgrades do not include Interconnection Facilities or System Upgrade Facilities or System Deliverability Upgrades.
Energy Resource Interconnection Service – The service provided by NYISO to interconnect the Small Generating Facility to the New York State Transmission System or Distribution System in accordance with the NYISO Minimum Interconnection Standard, to enable the New York State Transmission System to receive Energy and Ancillary Services from the Small Generating Facility, pursuant to the terms of the NYISO OATT.
Force Majeure – Any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include an act of negligence or intentional wrongdoing. For the purposes of this Agreement, this definition of Force Majeure shall supersede the definitions of Force Majeure set out in Section 2.11 of the NYISO Open Access Transmission Tariff.
Good Utility Practice – Any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region.
Governmental Authority – Any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Interconnection Customer, NYISO, Affected Transmission Owner, Connecting Transmission Owner or any Affiliate thereof.
Interconnection Customer – Any entity, including the Transmission Owner or any of the affiliates or subsidiaries, that proposes to interconnect its Small Generating Facility with the New York State Transmission System or the Distribution System.
Interconnection Facilities – Interconnection Facilities include all facilities and equipment between the Small Generating Facility and the Point of Interconnection, including any modification, additions or upgrades that are necessary to physically and electrically interconnect the Small Generating Facility to the New York State Transmission System or the Distribution System. Interconnection Facilities are sole use facilities and shall not include Distribution Upgrades or System Upgrade Facilities.
Interconnection Request –RG&E’s request, in accordance with the Tariff, to interconnect a new Small Generating Facility, or to increase the capacity of, or make a material modification to the operating characteristics of, an existing Small Generating Facility that is interconnected with the New York State Transmission System or the Distribution System. For the purposes of this Agreement, this definition of Interconnection Request shall supersede the definition of Interconnection Request set out in Attachment X to the NYISO OATT.
Interconnection Study – Any study required to be performed under Sections 32.2 or 32.3 of the SGIP.
Material Modification – A modification that has a material impact on the cost or timing of any Interconnection Request with a later queue priority date.
Minimum Interconnection Standard – The reliability standard that must be met by any Small Generating Facility proposing to connect to the New York State Transmission System or Distribution System. The Standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. The Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection.
New York State Transmission System – New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area.
Operating Requirements – Any operating and technical requirements that may be applicable due to Regional Transmission Organization, Independent System Operator, control area, or the Connecting Transmission Owner’s requirements, including those set forth in the Small Generator Interconnection Agreement. Operating Requirements shall include Applicable Reliability Standards.
Party or Parties – The NYISO and RG&E or any combination of the two.
Point of Interconnection – The point where the Interconnection Facilities connect with the New York State Transmission System or the Distribution System.
Reasonable Efforts – With respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests.
Small Generating Facility – RG&E’s device no larger than 20 MW for the production of electricity identified in the Interconnection Request, but not including the Interconnection Facilities.
System Deliverability Upgrades – The least costly configuration of commercially available components of electrical equipment that can be used, consistent with Good Utility Practice and Applicable Reliability Requirements, to make the modifications or additions to the existing New York State Transmission System that are required for the proposed project to connect reliably to the system in a manner that meets the NYISO Deliverability Interconnection Standard for Capacity Resource Interconnection Service.
System Upgrade Facilities – The least costly configuration of commercially available components of electrical equipment that can be used, consistent with good utility practice and Applicable Reliability Requirements to make the modifications to the existing transmission system that are required to maintain system reliability due to: (i) changes in the system, including such changes as load growth and changes in load pattern, to be addressed in the form of generic generation or transmission projects; and (ii) proposed interconnections. In the additions to the existing New York State Transmission System that are required for the proposed project to connect reliably to the system in a manner that meets the NYISO Minimum Interconnection Standard.
Tariff – The NYISO’s Open Access Transmission Tariff, as filed with the FERC, and as amended or supplemented from time to time, or any successor tariff.
Upgrades – The required additions and modifications to the Connecting Transmission Owner’s portion of the New York State Transmission System or the Distribution System at or beyond the Point of Interconnection. Upgrades may be System Upgrade Facilities, System Deliverability Upgrades or Distribution Upgrades. Upgrades do not include Interconnection Facilities.
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Attachment 2
Detailed Scope of Work, Including
Description and Costs of the Small Generating Facility,
Interconnection Facilities, and Metering Equipment
Equipment, including the Small Generating Facility, Interconnection Facilities, and metering equipment shall be itemized and identified as being owned by RG&E, as applicable. The NYISO, in consultation with RG&E, will provide a best estimate itemized cost, including overheads, of its Interconnection Facilities and metering equipment, and a best estimate itemized cost of the annual operation and maintenance expenses associated with its Interconnection Facilities and metering equipment.
A. Small Generating Facility Description
The Point of Interconnection (“POI”) for the Small Generating Facility is at the RG&E Station 6 Substation, Breaker 65202 11.5kV bus tap, as indicated on Attachment 3.
B.Interconnection Facilities
All Interconnection Facilities are owned by RG&E. The Interconnection Facilities consist of the following cables, conduits, current transformers, voltage transformer, circuit breaker, linear couplers, and revenue meter.
Two (2) sets of three (3) 600A Current Transformers (“CTs”) for Generator Protection Relay.
One (1) set of three (3) 600A CTs for Metering.
One (1) set of three (3) 600A CTs for Generator Line Protection Relay.
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One (1) set of three (3) 13.8kV Voltage Transformers (“VTs”) for Metering.
Approximately 8000 ft (2 circuits K and N, each 4000 feet) of UG cable, includes 500KCM,15kV and 350KCM, 15kV size, between Station 2 and Station 6. The nominal voltage of the circuit is 11.5kV.
One (1) 13.8kV (11.5kV nominal), 1200 A 95 kVBIL, 20kAIC draw out circuit breaker (breaker 65202).
One (1) set of three (3) 600A CTs for Generator Line Protection Relay.
One (1) set of three (3) 600 A Meter Accuracy CTs.
One (1) set of two (2) 13.8kV Meter Accuracy VTs.
One (1) set of three (3) linear couplers.
One (1) revenue meter – Transdata Mark V Model EMS60E05S14SAQT.
C.Cost Estimates
Not applicable.
RG&E shall be responsible for the Operating and Maintenance (“O&M”) Expenses associated with the Interconnection Facilities, as provided in Section 4.1 of this Agreement.
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Attachment 5
Additional Operating Requirements for the New York State Transmission System, the Distribution System and Affected Systems Needed to Support
the Interconnection Customer’s Needs
The NYISO, in consultation with the Connecting Transmission Owner, shall also provide requirements that must be met by the Small Generating Facility prior to initiating parallel operation with the New York State Transmission System or the Distribution System.
RG&E must comply with all applicable NYISO tariffs and Procedures, as amended from time to time.
A.Power Factor Range
The power factor range is a requirement established in Section 6.1.6 of RG&E Bulletin 86-01, dated September 1, 2010, which may be superseded or amended from time to time, and which is incorporated by reference into this Agreement and attached as Appendix A to this Attachment 6 and is binding on the Parties. Section 6.1.6 of Bulletin 86-01 provides a power factor range of 0.9 (leading or lagging). RG&E’s Bulletin 86-01 also establishes other operating parameters, such as frequency and voltage.
B.Capacity Resource Interconnection Service (“CRIS”)
The Small Generating Facility has a CRIS value as of the Effective Date of 6.0 MW. RG&E did not elect to have the additional capacity created by the uprate evaluated for deliverability in the Class Year Facilities Study process. Therefore, the Small Generating Facility’s CRIS value will be limited to 6.0 MW unless and/or until the Small Generating Facility’s CRIS value is modified pursuant to applicable provisions of the NYISO’s OATT, including Section 32.4.10.1 of Attachment Z.
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Attachment 6
Connecting Transmission Owner’s Description of its Upgrades
and Best Estimate of Upgrade Costs
The NYISO, in consultation with the Connecting Transmission Owner, shall describe Upgrades and provide an itemized best estimate of the cost, including overheads, of the Upgrades and annual operation and maintenance expenses associated with such Upgrades. The Connecting Transmission Owner shall functionalize Upgrade costs and annual expenses as either transmission or distribution related.
The cost estimate for System Upgrade Facilities and System Deliverability Upgrades shall be taken from the NYISO OATT Attachment S cost allocation process or applicable Interconnection Study, as required by Section 32.3.5.3.2 of Attachment Z. The cost estimate for Distribution Upgrades shall include the costs of Distribution Upgrades that are reasonably allocable to the Interconnection Customer at the time the estimate is made, and the costs of any Distribution Upgrades not yet constructed that were assumed in the Interconnection Studies for the Interconnection Customer but are, at the time of the estimate, an obligation of an entity other than the Interconnection Customer.
The cost estimates for Distribution Upgrades and System Upgrade Facilities and System Deliverability Upgrades are estimates. The Interconnection Customer is ultimately responsible for the actual cost of the Distribution Upgrades and System Upgrade Facilities and System Deliverability Upgrades needed for its Small Generating Facility, as that is determined under Attachments S and X and Z of the NYISO OATT.
No System Upgrade Facilties, System Deliverability Upgrades, Connecting Transmission Owner Upgrades or Distribution Upgrades are required for the Small Generating Facility.
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Attachment 7
Insurance Coverage
Each Party shall, at its own expense, maintain in force throughout the period of this Agreement, the following minimum insurance coverage, with insurers authorized to do business in the State of New York:
Commercial General Liability Insurance including, but not limited to, bodily injury, property damage, products/completed operations, contractual and personal injury liability with a combined single limit of $1 million per occurrence, $2 million annual aggregate. In lieu of an actual general or public liability insurance policy either party may choose to self-insure the first $1,000,000 of any loss provided it can be shown that it has been a longstanding practice to maintain a high limit/deductible and the self-insurer can show proof of excess limits of at least $2,000,000.
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