Net Energy Metering Interconnection Agreement

 

Customer Owned Solar, Wind, Hydropower or Fuel Cell

Electric Generating Facilities of 25 Kilowatts or Less

 

This Net Energy Metering Interconnection Agreement is executed in duplicate this _____ day of ___________________, 20___ between __________________________ (hereinafter referred to as "Customer"), and (Tacoma Power).  Both parties, who may be herein further referred to collectively as "Parties" and individually as "Party", agree as follows:

1.  CUSTOMER ELECTRIC GENERATING FACILITY

1.      Customer has elected, in accordance with RCW 80.60 et seq., to operate either a net energy metering fuel cell, solar, wind or hydropower electric generating facility, with a generating capacity of not more than twenty-five kilowatts, in parallel with Tacoma Power’s transmission and distribution facilities. The customer’s electric generating facility (generating facility) is intended to offset either part or all of the Customer's electrical requirements.

2.      Tacoma Power will not provide wheeling for Customer as generation from the net metering electrical generating facility will only be applied to consumption at the location of said electrical generating facility.

3.      Customer’s Application for Net Metered Electrical Generation, including the location of the electrical generating installation facility and details on the electrical generating unit(s) is hereby incorporated into this agreement as Attachment A.

4.      The installation is identified by Tacoma Power with the following designators: Transformer No. (feeder and phase) _______________________ , Customer Account No. _______________________ .

5.      A separate agreement shall be entered into for each Customer’s electrical service location(s).

6.      The electrical generating system facility used by the Customer shall be located on the Customer’s premises. It shall include all equipment necessary to meet applicable safety, power quality, and Interconnection requirements established by the National Electrical Code (Articles 690 and 705), National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and Tacoma Power’s Net Metering Interconnection Standards, as set forth in Attachment B, which is attached hereto.

7.                              Tacoma Power shall have the sole authority to determine which Interconnection requirements set forth herein are applicable to Customer’s proposed generating facility.

2.  PAYMENT FOR NET ENERGY

  1. Tacoma Power shall measure the net electricity produced or consumed by the Customer during each billing period, in accordance with normal metering practices.
  2. If the electricity supplied by Tacoma Power exceeds the electricity generated by the Customer and fed back to Tacoma Power during the billing period, or any portion thereof, then the Customer shall be billed for the net electricity supplied by Tacoma Power together with the appropriate customer charge paid by other customers of Tacoma Power in the same rate class.
  3. If the electricity generated by the Customer and distributed back to Tacoma Power during the billing period, or any portion thereof, exceeds the electricity supplied by Tacoma Power, then the Customer shall be:

a.       Billed for the appropriate customer service charge as other customers of Tacoma Power in the same rate class; and

b.      Credited for the net excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on Customer’s bill for the following billing period.

  1. At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated by the Customer during the previous year shall be granted to Tacoma Power, without any compensation to the Customer.
  2. Customer shall pay any amount owing for electric service provided by Tacoma Power in accordance with applicable rates and policies. Nothing in this Section 2 shall limit Tacoma Power's rights under applicable Rate Schedules, City Ordinances, Customer Service Policies, and General Provisions.

3.  INTERRUPTION OR REDUCTION OF DELIVERIES

1.      Tacoma Power may require Customer to interrupt or reduce deliveries as follows:

a.       when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part of its system; or

b.      if it determines that curtailment, interruption, or reduction is necessary because of emergencies, force or compliance with prudent electrical practices.

2.      Whenever possible, Tacoma Power shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required.

3.      Notwithstanding any other provision of this Agreement, if at any time Tacoma Power determines that either:

a.       the generating facility may endanger Tacoma Power personnel, or

b.      the continued operation of Customer's generating facility may endanger the integrity of Tacoma Power's electric system,

then Tacoma Power shall have the right to disconnect Customer's generating facility from Tacoma Power’s electric system. Customer's generating facility shall remain disconnected until such time as Tacoma Power is satisfied that the condition(s) referenced in (a) of (b) of this section 3.3 have been corrected.

 

4.  INTERCONNECTION

1.                              Customer shall deliver the excess energy to Tacoma Power at Tacoma Power’s meter.

2.                              Customer shall pay for designing, installing, inspecting, operating, and maintaining the electric generating facility in accordance with all applicable laws and regulations and shall comply with Tacoma Power’s Interconnection Standards set forth in Attachment B, which is attached hereto.

3.                              Customer shall pay for Tacoma Power’s standard watt-hour meter electrical hook-up, if not already present.

4.                              Customer shall not commence parallel operation of the generating facility until written approval of the Interconnection facilities has been given by Tacoma Power. Such approval shall not be unreasonably withheld. Tacoma Power shall have the right to have representatives present at the initial testing of Customer's protective apparatus. Customer shall notify Tacoma Power when testing is to take place.

5.  MAINTENANCE AND PERMITS

Customer shall:

  1. Maintain the electric generating facility and Interconnection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, Tacoma Power’s Interconnection Standards, and
  2. Obtain any governmental authorizations and permits required for the construction and operation of the electric generating facility and Interconnection facilities, including electrical permit(s).
  3. Reimburse Tacoma Power for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Customer's generating facility or failure to maintain Customer's generating facility as required in (a) of this Section 5.

6.  ACCESS TO PREMISES

Tacoma Power may enter Customer's premises or property to:

  1. Inspect, with prior notice, at all reasonable hours, Customer's generating facility’s protective devices;
  2. Read meter; and
  3. Disconnect at Tacoma Power’s meter or transformer, without notice, the generating facilities if, in Tacoma Power’s opinion, a hazardous condition exists and such immediate action is necessary to protect persons, or Tacoma Power’s facilities, or property of others from damage or interference caused by Customer's electric generating facilities, or lack of properly operating protective devices or inability to inspect the same.

Tacoma Power inspection or other action shall not constitute approval by Tacoma Power.  The customer remains solely responsible for the safe and adequate operation of its facilities.

 

7.  INDEMNITY AND LIABILITY

  1. The Customer assumes the risk of all damages, loss, cost and expense and agrees to indemnify Tacoma Power, its successors and assigns, and its respective directors, officers, employees and agents, from and against any and all claims, losses, costs, liabilities, damages and expenses including, but not limited to, reasonable attorney fees, resulting from or in Interconnection with performance of the agreement or which may occur or be sustained by Tacoma Power on account of any claim or action brought against Tacoma Power for any reason including by not limited to loss to the electrical system of the Customer caused by or arising out of an electrical disturbance.
  2. Such indemnity, protection, and hold harmless includes any demand, claim, suit or judgment for damages, death or bodily injury to all persons, including officers, employees or agents, and subcontractors of either Party hereto including payment made under or in Interconnection with any Worker’s Compensation Law or under any plan for employees’ disability and death benefits or property loss which may be caused or contributed to by the Interconnection, maintenance, operation, use, presence, or removal of Customer’s equipment. The only exception will be liability occasioned by the sole negligence or willful misconduct of Tacoma Power or its employees acting within the scope of their employment and liability occasioned by a partial negligence of Tacoma Power or its employees acting within the scope of their employment to the extent that such partial liability is fixed by a court of competent jurisdiction.
  3. The provisions of the Section 7 shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any insurance policy.
  4. Tacoma Power shall have no liability, ownership interest, control or responsibility for the Customer’s Electric Generating Facility or its Interconnection with Tacoma Power’s electric system, regardless of what Tacoma Power knows or should know about the Customer’s Electric Generating Facility or its Interconnection.
  5. Customer recognizes that it is waiving immunity under Washington Industrial Insurance law, Title 51 RCW, and further agrees that this indemnification clause has been mutually negotiated. This indemnification shall extend to and include attorney’s fees and the costs of establishing the right of indemnification hereunder in favor of Tacoma Power.

8.  INDEPENDENT CONTRACTORS

The Parties hereto are independent contractors and shall not be deemed to be partners, joint ventures, employees, franchisees or franchisers, servants or agents of each other for any purpose whatsoever under or in Interconnection with this Agreement.

9.  GOVERNING LAW

This Agreement shall be interpreted, governed, and constructed under the laws of the State of Washington as if executed and to be performed wholly within the State of Washington. Venue of any action arising hereunder or related to this agreement shall lie in Pierce County, Washington.

10.  FUTURE MODIFICATION OR EXPANSION

Any future modification or expansion of the Customer owned generating facility will require an engineering review and approval by Tacoma Power.  Tacoma Power reserves the right to require the Customer, at Customer’s expense, to provide modifications or additions to existing electrical devices including, but not limited to protection device and meters, in the event of changes to government or industry regulation and/or standards.

11.  AMENDMENTS, MODIFICATIONS OR WAIVER

Any amendments or modifications to this Agreement shall be in writing and agreed to by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or waiver of the breach of any other term or covenant unless such waiver is in writing.

12.  ASSIGNMENT

The Customer shall not assign its rights under this Agreement without the express written consent of Tacoma Power. Tacoma Power may impose reasonable conditions on any such assignment to ensure that all of Customer’s obligations under this Agreement are met and that none of Customer’s obligations under this Agreement are transferred to Tacoma Power as a result of default, bankruptcy, or any other cause. 

13.  APPENDICES

The Agreement includes the following appendices attached and incorporated by reference:

Attachment A:  Application for Net Metered Electrical Generation to Tacoma Power.

Attachment B:  Tacoma Power Net Metering Interconnection Standards for Customer Electric Generating Facilities of 25 kilowatts or less.

14.  NOTICES

All written notices shall be directed as follows:

 

Tacoma Power – Energy Services

3628 South 35th Street

Tacoma, WA   98409-3192

 

________________________________________________

Customer Name

________________________________________________
Address

________________________________________________
City, State & Zip

 

Customer notices to Tacoma Power, pursuant to this Section 15, shall refer to the Service Address set forth in Appendix A, Application for Net Metered Electrical Generation.

15.  TERM OF AGREEMENT

This Agreement shall be in effect when signed by the Customer and Tacoma Power and shall remain in effect thereafter month to month unless terminated by either Party on thirty (30) days' prior written notice in accordance with Section 13.

16.  SIGNATURES

IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives.

This Agreement is effective as of the last date set forth below.

 

 

 

CUSTOMER:                                                                    TACOMA POWER:

 

 

___________________________________          ___________________________________

Signature                                                                          Signature

 

 

___________________________________          ___________________________________

Print name                                                                        Print name

 

 

___________________________________          ___________________________________

Title                                                                                    Title

 

 

___________________________________          ___________________________________

Date                                                                                   Date