Request for Comments on the need to continue the Small Generator Interconnection Rulemaking begun under Doc. No. L-00040168
[37 Pa.B. 6489]
[Saturday, December 8, 2007]
With this Secretarial Letter, the Pennsylvania Public Utility Commission (Commission) seeks comments on whether there is a need to continue with the Small Generator Interconnection Standards and Procedures Rulemaking at Doc. No. L-00040168 in light of the promulgation of Alternative Energy Portfolio Standards Act (AEPS) Interconnection Standards at 52 Pa. Code Chapter 75, Subchapter C (relating to interconnection standards). Alternatively, the Commission seeks comments on the advisability of expanding the scope of the AEPS interconnection rules to cover all small generators, regardless of whether they qualify as customer--generators under the AEPS Act.
On November 19, 2004, the Commission entered an order soliciting comments regarding small generation interconnection standards and procedures. The Commission sought to achieve the following specific goals by promulgating rules establishing these standards and procedures: (1) elimination of unnecessary barriers to entry in the distributed generation market; (2) promoting distributed generation in order to provide peak demand responsiveness; (3) enhancing grid reliability; (4) increasing transparency in the interconnection process; (5) creating uniformity and thereby easing the difficulty presented by a patchwork of different procedures; and (6) lowering the overall cost of locating and placing distributed generation across this Commonwealth. The Commission sought comments on the technical requirements and interconnection procedures, as well as the appropriate size of generation to be covered by the rules. This order was published at 34 Pa.B. 6246 (December 4, 2004). The Commission received multiple comments and reply comments in response to this request.
On November 30, 2004, Governor Edward Rendell signed into law Act 213 of 2004, known as AEPS (71 P. S. §§ 1648.1--1648.8). Among other things, AEPS directed the Commission to develop statewide technical and net metering interconnection rules for customer--generators. See 71 P. S. § 1648.5.
On November 16, 2005, the Commission issued Proposed Rulemaking Orders governing net metering and interconnection for customer--generators at Doc. Nos. M-00051865, L-00050174 and L-00050175. On September 19, 2006, the Commission entered a Final Rulemaking Order--Reconsideration, adopting the interconnection for customer--generators regulations at 52 Pa. Code §§ 75.21--75.51. These regulations became effective upon publication in the Pennsylvania Bulletin on December 16, 2006.
As not all small generators may qualify under the AEPS Act, such small generators would not be covered by the AEPS interconnection regulations in its current form. The Commission noted that leaving these generators exposed to a situation where there are no interconnection regulations that they can rely upon does not seem prudent.
Therefore, as stated previously, the Commission now seeks comments on whether the Commission should continue with the Small Generator Interconnection Standards and Procedures Rulemaking at Doc. No. L-00040168. The Commission also seeks comments on the advisability of expanding the scope of the AEPS interconnection rules to cover all small generators, regardless of whether they qualify as customer--generators under the AEPS Act. Since the AEPS interconnection regulations are technical in nature, and do not pertain to issues such as net metering or the obligation to purchase AEPS credits, this may be the more expedient way to proceed.
An original and 15 copies of any written comments referencing the Doc. No. L-00040168 shall be submitted to the Pennsylvania Public Utility Commission, Attn.: Secretary, P. O. Box 3265, Harrisburg, PA 17105. Comments shall be submitted within 45 days of the publication of this Secretarial Letter in the Pennsylvania Bulletin. Reply comments may be filed 30 days thereafter. The contact person at the Commission is Kriss Brown, Assistant Counsel, Law Bureau, (717) 787-4518.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 07-2247. Filed for public inspection December 7, 2007, 9:00 a.m.]
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