26 Del. Admin. Code § 3013-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3013-2.0 - Project Eligibility

2.1 To be eligible for certification as a community energy facility, a generating facility must:

2.1.1 Have multiple owners or subscribers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or subscriber;

2.1.2 Include a technology defined as an "eligible energy resource" under 26 Del.C. § 352(6)a-h;

2.1.3 Not exceed a capacity of 4 megawatts as measured by the alternating current (AC) rating. Co-location of community energy facilities, which together have a capacity greater than 4 megawatts, shall not be permitted;

2.1.3.1 "Co-location" means the siting of 2 or more community energy facilities owned or developed by a single entity (or its affiliate Interests) located on 1 parcel of land, or on contiguous parcels of land.

2.1.3.2 "Contiguous" means touching along a boundary or a point. For example, parcels touching along a boundary are contiguous, as are parcels that meet only at a corner. Parcels, however near to each other, that are separated by a third parcel and do not touch along a boundary, or a point are not contiguous. Additionally, parcels that are separated by a public road, railroad, or other right of way accessible at all times to the general public are not considered contiguous:

2.1.3.3 Parcels that are subdivided after July 1, 2021 shall be considered as a single parcel;

2.1.3.4 Projects owned or developed by separate entities (meaning that they are not affiliates) are not considered co-located; and

2.1.3.5 Projects need not be developed contemporaneously to be considered co-located. If a single project is developed and then a second, co-located project is developed on the same or a contiguous parcel at a later date by a single entity or its affiliate interests, these two projects will be considered co-located.

2.1.4 Be located in Delmarva's service territory, in Delaware;

2.1.5 Interconnect to the distribution facilities and operate in parallel with Delmarva's transmission and distribution facilities;

2.1.6 Comply with Delmarva's interconnection tariffs and operating guidelines; and

2.1.7 Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that the generating facility meets applicable safety and performance standards.

26 Del. Admin. Code § 3013-2.0

27 DE Reg. 987 (6/1/2024) (Final)