This rule establishes the standards and procedures governing application for, and issuance or revocation of, a certificate of public good for net metering systems under the provisions of 30 V.S.A §§ 219a, 219b and 248. This rule also incorporates the technical specifications related to interconnection requirements and safety standards for net metering systems.
This rule is applicable to all net metered installations in Vermont, and applies to every person, firm, company, corporation and municipality engaged in the construction or operation of any net metering system which is or shall become subject to the jurisdiction of this Board.
For the purposes of this rule, the following definitions apply:
(R) "Residential rate" means the kWh rate component of the serving utility's general residential rate schedule that consists of two rate components: a service charge and a kWh rate, excluding time-of-use and demand rates. If a utility's general residential rate schedule includes inclining block rates, the residential rate shall be the highest of those block rates.
Net-metered customers shall pay the same rates, fees or other payments and be subject to the same conditions and requirements as all other purchasers from the electric company in the same rate class, except for appropriate and necessary conditions approved by the Board for the safety and reliability of the electric distribution system.
In the case of a single customer with multiple Billing Meters or a group of customers where the generation is physically connected to a Billing Meter such that the generation offsets consumption of the customer or group member(s), the billing calculation involves allocating the net production on the Billing Meter(s) in the manner prescribed by the group to each group member. Each customer is credited at the underlying energy rate for that customer. In the case of demand or time-of-use customers under this scenario, the calculation is the same and the customers are credited at the demand or TOU energy component rate. Under this scenario, installation of a Production Meter is optional.
Customers may allocate kWh credits on a percentage basis to each group member account or they may elect to allocate kWh credits such that the bill of one member or account is first offset, with any additional kWh credits applied to the next group member(s) or account(s) in an order selected by the customer or group.
Pursuant to 30 V.S.A. § 219a(c)(2)(a), which provides that the Board may waive the requirements of 30 V.S.A. § 248(b) that are not applicable to net metering systems, the Board conditionally waives the following criteria:
A application for a certificate of public good under this subsection shall use the Board's Net Metering Registration Form in lieu of the Board's Net Metering Application Form.
Applications for systems greater than 150 kW in capacity shall be filed in accordance with the following requirements;
Notice Requirements ; The applicant must provide written notice, at least 45 days in advance of filing a § 219a application, to the following entities:
The notice shall state that the applicant intends to make a § 219a application, identify the location of the facility site(s), and provide a description of the proposed project(s). In addition, the notice must contain sufficient detail about the proposed project(s) to allow the parties receiving the notice to understand the impact of the project(s) on the interests of those parties. The notice shall provide contact information and state that recipients may file inquiries or comments with the applicant with respect to the project and that recipients will also have the opportunity to file comments with the Board once the application is filed. If the applicant has not filed an application for the project, pursuant to the filing requirements below, within 180 days of the date of the advance notice, the notice will be considered withdrawn.
If the applicant makes a substantial change to the proposed project, the applicant is required to provide at least 45-days notice of this change to all parties and entities already notified, including any newly affected adjoining property owners. For the purpose of this subsection, a substantial change is one that has the potential for significant impact with respect to any of the criteria applicable to the project.
Filing Requirements ; Upon filing the application with the Board, the applicant must also submit a copy of the application to the municipal planning commission(s) and regional planning commission(s) in the community or communities where the project is located, the Agency of Natural Resources, the Department of Public Service, and the serving electric company. The applicant shall also provide notice to the legislative bodies of the town(s) where the project(s) will be located and the landowners of record of property adjoining the project site(s) that the application has been filed with the Board.
The applicant shall ensure that the application filed includes testimony or exhibits fully addressing each of the areas listed below. Any witness sponsoring an exhibit or testimony must file a notarized affidavit stating that the information provided is accurate to the best of their knowledge and have personal knowledge of and be able to testify as to the validity of the information contained in the exhibit or testimony. The applicant shall file proposed findings of fact and a proposed certificate of public good with the application.
Applicant Name. The application shall include the name, contact information and a description of the company or person making the application.
Host landowners. The application shall include the names and addresses of the landowners on whose property the proposed facilities would be built.
Adjoining Landowners. The application shall include the names and addresses of all adjoining property owners. This information shall be obtained from the most recent version of the town's grand list.
Certification that Notice Requirements Have Been Met. The applicant must certify that it has complied with the advance notice requirements listed above.
Project Description
Environmental Criteria. The applicant must address each of the applicable criteria set forth in Section 5.108. To the extent that the proposal will create an adverse impact affecting any of these criteria, the applicant should describe what measures, if any, will be taken to minimize such impact.
Local and Regional Plans. The applicant shall provide copies of the relevant sections of the Town Plans and Regional Plans in effect in the communities in which the proposed facilities will be located and describe how the project meets or complies with the land conservation measures in those plans.
Completed Applications. Upon receiving an application under this subsection, Board staff will review the application for completeness. If the application does not substantially comply with the application requirements set forth herein, the Clerk of the Board will inform the applicant of the deficiencies. Upon submission of all information necessary to address the deficiencies, the Clerk of the Board shall notify the applicant that the filing is complete.
Submission of Comments and Requests for Hearing. If any person or other entity wishes to submit comments to the Board concerning an application filed pursuant to this subsection, file a motion to intervene, or request a hearing, such correspondence is due at the Board within 21 calendar days of the date that the application was submitted to the Board and all required parties. Anyone requesting a hearing must make a showing that the application raises a significant issue regarding one or more of the criteria listed in Section 5.108 or the criteria conditionally waived in that section. Such a showing must go beyond general or speculative claims, and provide specific information regarding potential impacts for the criteria.
Net metering facilities of 150 kW or less in capacity shall be installed and operated in accordance with Appendix A, the Net Metering Technical Specifications (Tables 1 through 5). Net metering systems greater than 150 kW in capacity, shall follow the interconnection procedures contained in Board Rule 5.500.
All electric companies with net-metered customers shall maintain current records of the cumulative amount of net metered generation within their respective service territories, pursuant to 30 V.S.A. § 219a. Electric companies shall also keep current records regarding the number and size of net-metered systems and disconnections of net-metered systems in their service areas.
Non-use of a certificate of public good for a period of one year following the date on which the certificate is issued shall constitute an abandonment of the net metering system and the certificate of public good shall be considered revoked. For the purpose of this section, for a certificate to be considered used the net metering system must be installed within one year of the issuance of the certificate of public good, unless installation is delayed by litigation or unless, at the time of issuance or in a subsequent proceeding, the Board provides that installation may be completed at a later time.
Appendix A. Requirements.
Table 1- Requirements for all Applications up to 150 kW in capacity.
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Table 2 - Specific Interconnection requirements for net metering classified generators up to 15 kW using inverters (static power converters)
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Table 3 - Specific Interconnection requirements for net metering classified generators up to 15 kW using rotating power converters (induction generators or synchronous generators)
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Table 4 - Specific Interconnection requirements for net metering classified generators from 15 kW up to 150 kW using inverters (static power converters)
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Table 5 -- Specific Interconnection requirements for net metering classified generators from 15 kW up to 150 kW using rotating power converters (induction generators or synchronous generators)
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30-048 Code Vt. R. 30-000-048-X
EFFECTIVE DATE: March 1, 2001 Secretary of State Rule Log #01-06
AMENDED: July 1, 2003 Secretary of State Rule Log #03-18; November 1, 2007 Secretary of State Rule Log #07-043; April 15, 2009 Secretary of State Rule Log #09-006; January 27, 2014 Secretary of State Rule Log #14-001