| (3) A utility may postpone processing an application
for an individual distributed generation facility under this section
if the total existing distributed generation on the targeted feeder
represents more than 25% of the total load of the secondary network
under consideration. If that is the case, the utility should conduct
interconnection and network studies to determine whether, and in what
amount, additional distributed generation facilities can be safely
added to the feeder or accommodated in some other fashion. These studies
should be completed within six weeks, and application processing should
(4) A utility may reject applications for a distributed
generation facility under this section if the utility can demonstrate
specific reliability or safety reasons why the distributed generation
should not be interconnected at the requested site. However, in such
cases the utility shall work with the customer to attempt to resolve
such problems to their mutual satisfaction.
(5) A utility shall make all reasonable efforts to
seek methods to safely and reliably interconnect distributed generation
facilities that will export power. This may include switching service
to a radial feed if practical and if acceptable to the customer.
(i) Pre-Interconnection studies for network interconnection
of distributed generation. Prior to charging a pre-interconnection
study fee for a network interconnection of distributed generation,
a utility shall first advise the customer of the potential problems
associated with interconnection of distributed generation with its
network system. For potential interconnections to network systems
there shall be no pre-interconnection study fee assessed for a facility
with inverter systems under 20 kW. For all other facilities the utility
may charge the customer a fee to offset its costs incurred in the
conduct of the pre-interconnection study. In those instances where
a utility conducts an interconnection study, the following shall apply:
(1) The conduct of such pre-interconnection studies
shall take no more than four weeks;
(2) A utility shall prepare written reports of the
study findings and make them available to the customer;
(3) The studies shall consider both the costs incurred
and the benefits realized as a result of the interconnection of distributed
generation to the utility’s system; and
(4) The customer shall receive an estimate of the study
cost before the utility initiates the study.
(j) Communications concerning proposed distributed
generation projects. In the course of processing applications for
interconnection and parallel operation and in the conduct of pre-interconnection
studies, customers shall provide the utility detailed information
concerning proposed distributed generation facilities. Such communications
concerning the nature of proposed distributed generation facilities
shall be made subject to the terms of §25.84 of this title (relating
to Annual Reporting of Affiliate Transactions for Electric Utilities), §25.272
of this title (relating to Code of Conduct for Electric Utilities
and their Affiliates), and §25.273 of this title (relating to
Contracts between Electric Utilities and their Competitive Affiliates).
A utility and its affiliates shall not use such knowledge of proposed
distributed generation projects submitted to it for interconnection
or study to prepare competing proposals to the customer that offer
either discounted rates in return for not installing the distributed
generation, or offer competing distributed generation projects.
(k) Equipment pre-certification.
(1) Entities performing pre-certification. The commission
may approve one or more entities that shall pre-certify equipment
as defined pursuant to this section.
(2) Standards for entities performing pre-certification.
Testing organizations and/or facilities capable of analyzing the function,
control, and protective systems of distributed generation units may
request to be certified as testing organizations.
(3) Effect of pre-certification. Distributed generation
units which are certified to be in compliance by an approved testing
facility or organization as described in this subsection shall be
installed on a company utility system in accordance with an approved
interconnection control and protection scheme without further review
of their design by the utility.
(l) Designation of utility contact persons for matters
relating to distributed generation interconnection.
(1) Each electric utility shall designate a person
or persons who will serve as the utility’s contact for all matters
related to distributed generation interconnection.
(2) Each electric utility shall identify to the commission
its distributed generation contact person.
(3) Each electric utility shall provide convenient
access through its internet web site to the names, telephone numbers,
mailing addresses and electronic mail addresses for its distributed
generation contact person.
(m) Time periods for processing applications for interconnection
and parallel operation. In order to apply for interconnection the
customer shall provide the utility a completed application for interconnection
and parallel operation. The interconnection of distributed generation
shall take place within the following schedule:
(1) For a facility with pre-certified equipment, interconnection
shall take place within four weeks of the utility’s receipt
of a completed application.
(2) For other facilities, interconnection shall take
place within six weeks of the utility’s receipt of a completed
(3) If interconnection of a particular facility will
require substantial capital upgrades to the utility system, the company
shall provide the customer an estimate of the schedule and customer’s
cost for the upgrade. If the customer desires to proceed with the
upgrade, the customer and the company will enter into a contract for
the completion of the upgrade. The interconnection shall take place
no later than two weeks following the completion of such upgrades,
except in situations in which a customer is not able to connect within
two weeks following the completion of such upgrades, this time may
be extended by agreement of the electric utility and the customer.
The utility shall employ best reasonable efforts to complete such
system upgrades in the shortest time reasonably practical.
(4) A utility shall use best reasonable efforts to
interconnect facilities within the time frames described in this subsection.
If in a particular instance, a utility determines that it cannot interconnect
a facility within the time frames stated in this subsection, it will
notify the applicant in writing of that fact. The notification will
identify the reason or reasons interconnection could not be performed
in accordance with the schedule and provide an estimated date for
(5) All applications for interconnection and parallel
operation shall be processed by the utility in a non-discriminatory
manner. Applications shall be processed in the order that they are
received. It is recognized that certain applications may require minor
modifications while they are being reviewed by the utility. Such minor
modifications to a pending application shall not require that it be
considered incomplete and treated as a new or separate application.
(n) Reporting requirements. Each electric utility shall
maintain records concerning applications received for interconnection
and parallel operation of distributed generation. Such records will
include the name of the applicant, the business address of the applicant,
and the location of the proposed facility by county, the capacity
rating of the facility in kilowatts, whether the facility is a renewable
energy resource as defined in §25.173 of this title (relating
to Goal for Renewable Energy), the date each application is received,
documents generated in the course of processing each application,
correspondence regarding each application, and the final disposition
of each application. The owner of a distributed generation facility
that is interconnected under this section shall report to the utility
any change in ownership of the facility and the cessation of operations
of a facility within 14 days of such change. By March 30 of each year,
every electric utility shall file with the commission a distributed
generation interconnection report for the preceding calendar year
that identifies each distributed generation facility interconnected
with the utility’s distribution system. The report shall list
the new distributed generation facilities interconnected with the
system since the previous year’ report, any change in ownership
or the cessation of operations of any distributed generation that
has been reported to the electric utility and not included in the
previous report, the capacity of each facility and whether it is a
renewable energy resource, and the feeder or other point on the company’s
utility system where the facility is connected. The annual report
shall also identify all applications for interconnection received
during the previous one-year period, and the disposition of such applications.
(o) Distributed natural gas generation facility. This
subsection, as well as the other subsections of this section, apply
to a distributed natural gas generation facility. This subsection
does not require an electric cooperative to transmit electricity to
a retail point of delivery in the certificated area of the electric
cooperative if the electric cooperative has not adopted customer choice.
If there is a conflict between this subsection and another subsection
of this section, this subsection controls.
(A) Electric utilities. At the request of the owner
or operator of a distributed natural gas generation facility, an electric
utility shall allow the owner or operator of the facility to interconnect
with and use transmission and distribution facilities to transmit
electricity to another entity that is acceptable to the owner or operator
in accordance with this section and the commission’s rules for
open-access comparable transmission service for electric utilities
in ERCOT, §§25.191 - 25.203 of this title, or a tariff approved
by the Federal Energy Regulatory Commission (FERC).
(B) Electric cooperatives. At the request of the owner
or operator of a distributed natural gas generation facility, an electric
cooperative shall allow the owner or operator of the facility to use
transmission and distribution facilities to transmit the electric
power to another entity that is acceptable to the owner or operator
in accordance with the commission’s rules for open-access comparable
transmission service for electric utilities in ERCOT, §§25.191
- 25.203 of this title, or a tariff approved by FERC.
(2) Interconnection Disputes. If an electric utility
or electric cooperative seeks to recover from the owner or operator
of a distributed natural gas generation facility an amount that exceeds
the amount in the estimate provided under PURA §35.036(e) by
more than 5%, the commission shall resolve the dispute at the request
of the owner or operator of the facility.
(p) Agreement for Interconnection and Parallel Operation
of Distributed Generation.
(q) Tariff for Interconnection and Parallel Operation
of Distributed Generation.
|Source Note: The provisions of this §25.211 adopted to be effective December 21, 1999, 24 TexReg 11300; amended to be effective January 8, 2001, 26 TexReg 93; amended to be effective June 11, 2012, 37 TexReg 4195; amended to be effective March 26, 2014, 39 TexReg 2067; amended to be effective January 5, 2017, 41 TexReg 10600