TITLE 17 PUBLIC UTILITIES AND UTILITY
SERVICES
CHAPTER 9 ELECTRIC SERVICES
PART 568 INTERCONNECTION OF GENERATING
FACILITIES WITH A NAMEPLATE RATING UP TO AND INCLUDING 10 MW CONNECTING TO A
UTILITY SYSTEM
17.9.568.1 ISSUING AGENCY: New Mexico Public
Regulation Commission.
[17.9.568.1 NMAC - Rp, 17.9.568.1 NMAC, 02/14/2023]
17.9.568.2 SCOPE:
A. This
rule, and the definitions, standards, procedures and screening processes
described herein apply to every electric utility including rural electric
cooperatives and investor-owned utilities operating within the state of New
Mexico that are subject to the jurisdiction of the New Mexico public regulation
commission. These standards and
procedures apply to both qualifying and non-qualifying facilities.
B. The
standards and procedures described in this rule (17.9.568 NMAC) apply only to
the interconnection of generating facilities with a nameplate rated capacity up
to and including 10 MW. The standards
and procedures described in 17.9.569 NMAC apply to the interconnection of
generating facilities with a rated capacity greater than 10 MW and are
unchanged by this rule.
C. Interconnection requests are
reviewed based on the combined nameplate ratings of systems accounting for
their export capacity and energy storage operating mode. For purposes of review screens, only the
capacity that is designed to inject electricity to the utility’s distribution
or transmission system, other than inadvertent exports and fault contribution,
will be used.
D. All
interconnection contracts between a utility and an interconnection customer
existing at the time 17.9.568 NMAC is revised and adopted shall automatically
continue in full force and effect. Material
modifications to existing facilities or operations require a new
interconnection application and agreement and will be subject to review under
the current conditions of the electric power system. Any changes made to existing interconnection agreements
shall conform to the provisions of 17.9.568 NMAC in effect at the time
modification is executed.
[17.9.568.2 NMAC - Rp, 17.9.568.2 NMAC, 02/14/2023]
17.9.568.3 STATUTORY AUTHORITY: This rule is adopted
under the authority vested in this commission by the New Mexico Public
Regulation Commission Act, Section 8-8-1 et seq. NMSA 1978, the Public
Utility Act, Section 62-3-1 et seq. NMSA 1978; the Energy Transition
Act, 62-18-1 et seq. NMSA 1978; the Grid Modernization Act, Section
62-8-13 NMSA 1978; and the Community Solar Act, Section 62-16B-1 NMSA 1978.
[17.9.568.3 NMAC - Rp, 17.9.568.3 NMAC, 02/14/2023]
17.9.568.4 DURATION: Permanent.
[17.9.568.4 NMAC - Rp, 17.9.568.4 NMAC, 02/14/2023]
17.9.568.5 EFFECTIVE DATE: February 14, 2023, unless
a later date is cited at the end of a section.
[17.9.568.5 NMAC - Rp, 17.9.568.5 NMAC, 02/14/2023]
17.9.568.6 OBJECTIVE: The purpose of this
rule is to set forth common interconnection requirements and a common
interconnection process based on a standard screening process for utilities and
interconnection customers to expeditiously interconnect generating facilities
with a rated capacity up to and including 10 MW in a safe and reliable manner.
[17.9.568.6 NMAC - Rp, 17.9.568.6 NMAC, 02/14/2023]
17.9.568.7 DEFINITIONS: Terms used in rule
17.9.568 NMAC shall have the following meanings:
A. Definitions beginning with “A”:
(1) Applicant means a person or an entity
that has filed an application to interconnect a generating facility to an
electric power system. An applicant may include:
(a) A customer who applies for
interconnection of a generating facility that will offset part or all of the
load of a utility customer, the applicant is that customer, whether the
customer owns the generating facility or a third party
owns the generating facility.
(b) An owner of a generating facility that
applies for interconnection of a generating facility that sells electric power
to a utility.
(c) A subscriber organization as defined
by the Community Solar Act, Subsection M. of Section 62-16B-2 NMSA 1978.
(2) Area network means a section of
an electric power system served by multiple transformers interconnected in an
electrical network circuit, generally used in large, densely populated
metropolitan areas, to provide high reliability of service. Area network has the same meaning as the term “grid network” as
defined in IEEE Std 1547.6™. An area network is also referred to as a grid
network or a street network.
(3) Auxiliary load means electrical
power consumed by any equipment necessary to operate the generator or energy
storage system. This is intended for in-front-of-the-meter systems.
B. Definitions beginning
with “B”: Business day means Monday through Friday, excluding holidays observed by
the utility.
C. Definitions
beginning with “C”:
(1) Certified means equipment has
been tested in accordance with the applicable requirements of IEEE Std 1547™-2018
and IEEE Std 1547.1™-2020 by any nationally recognized testing laboratory
(NRTL) recognized by the United States occupational safety and health administration
to test and certify equipment pursuant to the applicable standard and the
equipment has been labeled and is publicly listed by such NRTL at the time of
the interconnection application. Equipment
installed prior to March 28, 2023 will also be
considered certified if it has been tested in accordance with IEEE Std
1547™-2003 and 1547.1™-2005.
(2) Customer options meeting means a meeting designed to review the status of the interconnection application
initial review results, or to determine next steps needed to permit safe and
reliable interconnection.
D. Definitions beginning with “D”:
(1) Detailed study process means the
procedure for evaluating an interconnection application that may include a
scoping meeting, feasibility study, system impact study, or facilities study as
described in 17.9.568.18 NMAC.
(2) Distributed energy resource (DER) means the
equipment used by an interconnection customer to generate or store electricity
that operates in parallel with the electric distribution system. DER may include, but is not limited to: an electric generator or energy storage system, a prime
mover, or combination of technologies capable of injecting power and energy
into the electric distribution system, which also includes the interconnection
equipment necessary to safely interconnect with the distribution system. DER may not always be interconnected with the
bulk power system. DERs may include
distributed generation (DG) resources, distributed energy storage, demand
response energy efficiency, and electric vehicles and chargers that are
connected to the electric distribution power grid. DERs may be capable of exporting active power
to an electric power system (EPS). The DER includes the customer’s interconnection
facilities but shall not include the area EPS operator’s interconnection facilities.
(3) Distribution service means
delivering energy over the electric power system pursuant to the approved
tariffs of the utility other than services directly related to the
interconnection of a generating facility under these interconnection
procedures.
(4) Distribution
system means the utility's facilities and
equipment used to transmit electricity to ultimate usage points, known as
premises, directly from nearby generators or from interchanges with higher
voltage transmission networks which transport bulk power over longer distances. The voltage levels at which distribution
systems operate differ among areas.
(5) Distribution upgrade means the
additions, modifications, and upgrades to the utility's distribution system at
or beyond the point of common coupling to facilitate interconnection of the
generating facility and render the service necessary to effect
the interconnection customer's operation of on-site generation. Distribution
upgrades do not include interconnection facilities.
E. Definitions beginning with “E”:
(1) Electric power system (EPS) means the
equipment operated and maintained by a utility (may include:
independent system operators, transmission owner/operator, vertically
integrated utilities, electric cooperatives, municipals, and distribution
companies) to deliver electric service to end-users, including transmission and
distribution lines, substations, transformers, spot networks and area networks.
(2) Energy storage system (ESS) means any commercially
available, customer-sited system or utility-sited system, including batteries
and batteries paired with on-site generation, that is capable
of retaining, storing, and delivering electrical energy by chemical,
thermal, mechanical, or other means. For
the purposes of this rule, an energy storage system can be considered part of a
DER or a DER in whole that operates in parallel with the distribution system.
(3) Export capacity means the amount
of power that can be transferred from the generating facility to the
distribution system. Export capacity is either
the nameplate rating, or a lower amount if limited using and acceptable means
identified in 17.9.568.12 NMAC.
F. Definitions beginning
with “F”:
(1) Facilities study means a study
that specifies and estimates the cost of the equipment, engineering,
procurement, and construction work needed to implement the conclusions of the
system impact study.
(2) Fast
Track means the process for evaluating an interconnection application utilizing
established screens as described in 17.9.568.16 NMAC.
(3) Fault current means the current
produced during a short circuit on the electric power system measured in
amperes.
(4) Feasibility
study means a preliminary technical
assessment of the proposed interconnection that identifies any potential
adverse system impacts that would result from the interconnection of the
generating facility.
G. Definitions beginning with “G”:
(1) Generating
facility means the equipment used by an
interconnection customer to generate, store, manage, interconnect and monitor
electricity. A generating facility includes the interconnection equipment
required to safely interconnect the facility with the distribution system. DERs
are generating facilities.
(2) Grid network Grid network is also
commonly referred to as area network or street network. For definition, refer
to “Area Network”.
H. Definitions beginning with “H”: Host load means the
electrical power, less the DER auxiliary load, consumed by the customer at the
location where the generating facility is connected.
I. Definitions beginning with “I”:
(1) IEEE means the institute of electrical and
electronic engineers.
(2) IEEE standards means the
standards published by the IEEE, often in collaboration with American National
Standards Institute (ANSI), National Institute of Standards and Technology
(NIST), UL, International Electrotechnical Commission (IEC), CIGRE, and
National Fire Protection Institute (NFPA), available at www.ieee.org.
(3) Inadvertent export means the unscheduled export of active
power from a generating facility, exceeding a specified magnitude and for a
limited duration generally due to fluctuations in load-following
behavior.
(4) Interconnection agreement means a standard
form agreement between an interconnection customer and a utility that governs the
interconnection of a generating facility to a utility’s electric delivery
system, as well as the ongoing operation of the generating facility after it is
interconnected.
(5) Interconnection
application means the request by an
interconnection customer to interconnect a new generating facility, increase
the capacity or make a material modification to the operating characteristics
of an existing generating facility that is interconnected with the utility’s electric
power system.
(6) Interconnection customer means
any person who proposes to interconnect a generating facility with the
utility's system.
(7) Interconnection facilities means
the utility's interconnection facilities and the interconnection customer's
interconnection facilities.
Collectively, interconnection facilities include all facilities and
equipment between the generating facility and the point of common coupling,
including any modification, additions or upgrades that are necessary to physically and electrically interconnect the generating facility
to the utility's electric power system in a safe and reliable manner. Interconnection facilities are sole use
facilities and shall not include distribution upgrades.
(8) Interconnection upgrade cost
sharing
means the allocation of distribution upgrade costs among multiple generator
facility projects that utilize the hosting capacity created by a distribution
upgrade.
(9) Interconnection procedures means
the procedures specified in 17.9.568.12 NMAC through 17.9.568.23 NMAC.
J. Definitions beginning with
“J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) Limited export means the
exporting capability of a DER whose generating capacity is limited by the use of any configuration or operating mode described
in 17.9.568.12 NMAC.
(2) Line section means that
portion of a utility’s electric power system connected to a customer that is bounded
by automatic sectionalizing devices or the end of the distribution line.
M. Definitions beginning with “M”:
(1) Material
modification means a modification to machine data, equipment
configuration or to the interconnection site of the DER at any time after
receiving notification by the utility of a complete interconnection application
that has a material impact on the cost, timing, or design of any
interconnection facilities or distribution upgrades, or a material impact on
the cost, timing, or design of any interconnection application with a later
queue priority date or material impact on the safety or reliability of the
electric power system. A change to the
point of interconnection would require either a new interconnection application
or a change in queue position. A material
modification does not include, for example;
(a) a change of ownership of a generating
facility:
(b) a change or replacement of generating
equipment that is a like-kind substitution in size, ratings, impedances,
efficiencies, or capabilities of the equipment specified in the original interconnection
application; or
(c) a reduction in the output of the
generating facility of ten percent or less.
Replacement of existing inverters with new inverters that conform to new
standards after March 28, 2023, will not be considered a material modification,
so long as the generating facilities output or export
status does not change as a result.
(2) Minimum load means the lowest
measured circuit/substation load regardless of time of day.
(3) Minor modification means any modification
to a utility’s electric power system that involves limited work or low costs.
Minor modifications include, but are not limited to, activities like changing
the fuse in a fuse holder cut-out or changing the settings on a circuit
recloser.
N. Definitions beginning with “N”:
(1) Nameplate rating means the sum total of maximum rated power output of a DER’s
constituent generating units or ESS, as identified on the manufacturer’s
nameplate, regardless of whether it is limited by any approved means.
(2) Network
system means a collection of secondary
networks, or combinations of such networks on a primary network feeder or
primary network feeders that supply them.
This may also consist of primary feeders networked to supply connected
loads.
(3) Network transformer means a
transformer designed for use in a vault to feed a variable capacity system of
interconnected secondaries.
(4) Non-export or non-exporting means when the DER
is sized and designed using any of the methods described in 17.9.568.12 NMAC, such
that the output is used for host load only and no electrical energy (except for
any inadvertent export) is transferred from the generating facility to the distribution
system.
O. Definitions beginning with “O”: Operating mode means the mode of
DER operational characteristics that determines the performance during normal
and abnormal conditions. For example, an
operating modes can include “export only,” “import
only,” and “no exchange.”
P. Definitions beginning with “P”:
(1) Parallel Operation means the simultaneous operation of a generating facility
with power delivered or received by the electric power system while
interconnected. Parallel operation
includes only those generating facilities that are interconnected with the
electric power system for more than 60 cycles (one second).
(2) Parties means the applicant and
the utility in a particular interconnection agreement. “Either party” refers to
either the applicant or the utility.
(3) Person means, for purposes of this rule, an individual, firm,
partnership, company, rural electric cooperative organized under Laws 1937,
Chapter 100 or the rural electric cooperative act, corporation or lessee,
trustee or receiver appointed by any court.
(4) Point of interconnection means
the point where the interconnection facilities connect with the electric
distribution system. Point of
interconnection has the same meaning as the term “point of common coupling” as
defined in IEEE 1547-2018.
(5) Power control system (PCS) means
systems or devices which electronically limit or control steady state currents
to a programmable limit.
(6) Primary
network feeder means a feeder that supplies energy
to a network system or the combination of a network system and other radial
loads. Dedicated primary network feeders
are feeders that supply only network transformers for the secondary network.
(7) Power conversion unit (PCU) means
an inverter or AC generator, not including the energy source.
(8) Premise means a piece of land
or real estate including buildings and other appurtenances thereon.
(9) Protective function means the
equipment, hardware, or software in a generating facility (whether discrete or
integrated with other functions) for the purpose of protecting against
conditions that, if left uncorrected, could result in harm to personnel, damage
to equipment, loss of safety or reliability, or operation outside pre-established
parameters required by the interconnection agreement.
Q. Definitions beginning with “Q.”: [RESERVED]
R. Definitions beginning with “R”:
(1) Rated capacity means the total AC nameplate
rating of the power conversion unit(s) at the point of common coupling.
(2) Reference point of applicability
(RPA) means the
location where the interconnection and interoperability performance
requirements, as specified by IEEE 1547-2018, apply.
(3) Relevant minimum load means the lowest measured circuit
or substation load coincident with the generating facility’s production. For solar-only facilities this shall be the
daytime minimum load.
S. Definitions beginning with “S”:
(1) Secondary network means an AC
distribution system where the secondaries of the distribution transformers are
connected to a common network for supplying electricity directly to consumers.
(2) Simplified process means the
procedure for evaluating an interconnection application for a small certified inverter-based DER described in 17.9.568.15
NMAC.
(3) Small utility means a utility
that serves fewer than 50,000 customers.
(4) Supplemental review means
additional engineering evaluation to determine if a generating facility can be
interconnected following the (simplified or fast track) process without the
need for detailed study as described in 7.9.568.17 NMAC.
(5) System emergency means a
condition on a utility system that is likely to result in imminent significant
disruption of service to customers or is imminently likely to endanger life or
property.
(6) System impact study
means a study that identifies and details the electric system impacts that
would result if the proposed generating facility were interconnected without
project modifications or electric system modifications, focusing on the adverse
system impacts preliminarily identified in the feasibility study (if conducted),
or to study potential impacts, including but not limited to those identified in
the scoping meeting. A system impact
study shall evaluate the impact of the proposed interconnection on the safety
and reliability of the electric power system.
T. Definitions beginning with “T”: Technical Interconnection and
Interoperability Requirements (TIIR) documents are public documents, often utility
specific, which include requirements for interconnection, interoperability,
capabilities, and their utilization (settings), and grid integration (e.g.,
protection coordination, telemetry).
U. Definitions beginning with “U”:
(1) UL means the company
by that name which has established technical standards for safe operations of
electrical devices, previously known as underwriter’s laboratory.
(2) UL 1741 CRD for PCS means the certification
requirement decision for power control systems for the standard titled "inverters,
converters, controllers and interconnection system equipment for use with
distributed energy resources”. (March 8, 2019), Underwriters Laboratories Inc.,
333 Pfingsten Road, Northbrook IL 60062-2096.
(3) Unintentional island means an unplanned island per IEEE
1547-2018.
(4) Utility
means a utility or public utility, as defined in Subsection G of Section 62-3-3
NMSA 1978, serving electric customers subject to the jurisdiction of the
commission.
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[17.9.568.7 NMAC - Rp, 17.9.568.7 NMAC, 02/14/2023]
17.9.568.8 APPLICABILITY: All generating
facilities that operate in parallel with the utility electric power system are
required to have an interconnection review and an interconnection agreement to
ensure safety, system reliability, and operational compatibility. These interconnection procedures are
applicable to all state-jurisdictional interconnections of generating
facilities with a rated capacity up to and including 10 megawatts (MW).
Generating facilities with a rated capacity greater than 10 megawatts (MW)
shall be conducted pursuant to 17.9.569 NMAC.
Neither these procedures nor the requirements included hereunder apply
to generating facilities interconnected or approved for interconnection prior
to the effective date of these procedures.
[17.9.568.8 NMAC - N, 02/14/2023]
17.9.568.9 LIBERAL
CONSTRUCTION: If any part or application of this rule is held invalid, the
remainder of its parts and any other applications of the rule shall not be
affected.
[17.9.568.9 NMAC - N, 02/14/2023]
17.9.568.10 APPLICABLE CODES AND STANDARDS:
A. The
interconnection customer shall install, operate, and maintain the generating
facility and the interconnection equipment in a safe manner in accordance with
the rules for safety and reliability set forth in the latest editions of the
national electrical code, other applicable local, state, and federal electrical
codes, and prudent electrical practices.
B. In order to qualify for any interconnection procedures, each
generating facility generator shall be in conformance with the following codes
and standards (or their successors) as applicable, unless otherwise provided by
law:
(1) IEEE Std 1547™, IEEE standard for interconnection
and interoperability of distributed energy resources with associated electric power
systems interfaces, as amended by IEEE 1547a™-2020, including use of IEEE
1547.1™-2020 testing protocols to establish conformity;
(2) IEEE Std 1547.1™-.2020™, standard
conformance test procedures for equipment interconnecting distributed energy resources
with electric power systems and associated interfaces;
(3) ANSI C84.1-2020, electric power systems
and equipment - voltage ratings (60 Hertz);
(4) IEEE Std 1547.2™-2008™, application
guide for IEEE 1547 standard for interconnecting distributed resources with electric
power systems;
(5) IEEE Std 1547.6™-2011™, IEEE recommended
practice for interconnecting distributed resources with electric power systems distribution
secondary networks;
(6) IEEE Std 1547.7™-2013™, IEEE guide
for conducting distribution impact studies for distributed resource interconnection;
(7) IEEE
C62,92.6™-2017 IEEE Guide for Application of Neutral Grounding in Electrical
Utility Systems, Part VI - Systems Supplied by Current Regulated Sources;
(8) UL 1741, Edition 3, September 28,
2021 Inverters, Converters, Controllers and
Interconnection System Equipment for Use with Distributed Energy Resources;
(9) NFPA 70, current version, National
Electrical Code, including any NM or local modifications;
(10) IEEE C2, current version, National
Electrical Safety Code, including any NM or local modifications;
(11) UL 1741 Certification Requirement
Decision for Power Control Systems, March 8, 2019, Inverters, Converters,
Controllers and Interconnection System Equipment for Use With Distributed
Energy Resources.
C. The
interconnection equipment shall be considered certified for interconnected
operation if the equipment package has been tested and listed by a nationally
recognized testing and certification laboratory (NRTL) for continuous
interactive operation with a utility grid.
[17.9.568.10 NMAC - Rp, 17.9.568.8 NMAC, 02/14/2023]
17.9.568.11 IEEE
1547-2018 ADOPTION:
A. Beginning on March 28, 2023 (or another date set by commission
order), generating facilities shall be required to comply with IEEE 1547-2018,
and shall conform with the following minimum requirements.
(1) Abnormal performance requirements:
Category III ride through
capabilities must be supported for inverter-based generating facilities. Rotating generating facilities must meet
category I ride-through capabilities.
(2) Normal performance requirements: Inverter-based generating facilities shall
meet reactive power requirements with category B. Rotating generating facilities must meet
category A.
B. Each utility shall post its preferred default settings in
their public facing Technical Interconnection and Interoperability Requirements
(TIIR) document. As applicable the
following shall be identified in the TIIR documents:
(1) voltage and frequency trip settings;
(2) frequency droop settings;
(3) activated reactive power control
function and default settings;
(4) voltage active power (volt-watt) mode
activation and default settings;
(5) communication protocols and ports
requirements.
C. TIIR documents shall be created through a technical
advisory group process and submitted to the commission for approval. Subsequent changes to TIIR documents shall
also be submitted to the commission for approval.
[17.9.568.11 NMAC - N, 02/14/2023]
17.9.568.12 DETERMINATION OF EXPORT CAPACITY
STATUS:
A. Export Controls: If a DER uses any configuration or
operating mode in subsection C to limit the export of electrical power across
the point of interconnection, then the export capacity shall be only the amount
of power capable of being exported (not including any inadvertent export). To prevent impacts on system safety and
reliability, any inadvertent export from a DER must comply with the limits
identified in this section. The export capacity
specified by the interconnection customer in the interconnection application
will be documented as the maximum allowed export capacity of the DER in the
interconnection agreement.
B. An interconnection application
proposing to use a configuration or operating mode to limit the export of
electrical power across the point of interconnection shall include proposed
control or protection settings.
C. Acceptable export control methods:
(1) Export control methods for non-exporting
DER:
(a) Reverse power protection (Device 32R): To limit export of power across the point of
interconnection, a reverse power protective function is implemented using a
utility grade protective relay. The default setting for this protective
function shall be one tenth percent (export) of the service transformer's
nominal base nameplate rating, with a maximum two second time delay to limit
inadvertent export.
(b) Minimum power protection (Device
32F): To limit export of power across
the point of interconnection, a minimum import protective function is
implemented utilizing a utility grade protective relay. The default setting for this protective
function shall be five percent (import) of the generating unit's total
nameplate capacity, with a maximum two second time delay to limit inadvertent
export.
(c) Relative distributed energy resource
rating: This option requires the DER
facility's nameplate capacity to be no greater than fifty percent of the
interconnection customer's verifiable minimum host load during DER operating hours
over the past 12 months. This option is
not available for interconnections to area networks or spot networks.
(2) Export control methods for limited export
DER:
(a) Directional power protection
(Device 32): To limit export of power
across the point of interconnection, a directional power protective function is
implemented using a utility grade protective relay. The default setting for this protective
function shall be the export capacity value, with a maximum 2.0 second time
delay to limit inadvertent export.
(b) Configured power rating: A reduced output power rating utilizing the
power rating configuration setting may be used to ensure the DER does not
generate power beyond a certain value lower than the nameplate capacity. The configuration
setting corresponds to the active or apparent power ratings in Table 28 of IEEE
Std 1547-2018, as described in subclause 10.4. A local DER communication interface is not
required to utilize the configuration setting if it can be set by other certified
means. The reduced power rating may be
indicated by means of a nameplate rating replacement or, a supplemental
adhesive de-rating tag to indicate the reduced power output capacity. The customer must also provide a signed
attestation confirming the reduced power output capacity. This method must be
certified to IEEE 1547.1-2020. Use of a
configured power rating not applied to individual power conversion unit(s)
shall require evaluation under mutually agreed-upon means.
(3) Export control methods for non-exporting
DER or limited export DER:
(a) Certified power control systems: DER facilities may use certified power control
systems to limit export. DER facilities
utilizing this option must use a power control system and inverter certified
per UL 1741 by a nationally recognized testing laboratory (NRTL) with a maximum
open loop response time of no more than 30 seconds. NRTL testing to the UL power control system
certification requirements decision shall be accepted until similar test
procedures for power control systems are included in a standard. This option is not available for
interconnections to area networks or spot networks.
(b) Agreed-upon means: DER facilities may
be designed with other control systems or protective functions to limit export
and inadvertent export if mutual agreement is reached with the distribution provider.
The limits may be based on technical
limitations of the interconnection customer's equipment or the electric
distribution system equipment. To ensure
inadvertent export remains within mutually agreed-upon limits, the
interconnection customer may use an uncertified power control system, an
internal transfer relay, energy management system, or other customer facility
hardware or software if approved by the distribution provider.
[17.9.568.12 NMAC - N, 02/14/2023]
17.9.568.13 APPLICATION REVIEW PROCESS:
A. There are four interconnection
review paths:
(1) Simplified process: For certified inverter-based generating
facilities that have a nameplate rating that does not exceed 50 kilowatts (kW)
and an export capacity that does not exceed 25 kilowatts (kW).
(2) Fast track process: For generating facilities that have a
nameplate rating of up to 5 megawatts (MW), depending on the line capacity and
distance from the substation. To qualify
for fast track, the generating facility’s export capacity shall not exceed the
limits identified in the table below, which vary according to the voltage of
the line at the proposed point of interconnection. Generating facilities located within 2.5 miles
of a substation and on a main distribution line with minimum 600-amp capacity
are eligible for the fast track process under higher
thresholds. For purposes of the table
below, a mainline is the three-phase backbone of a circuit. It will typically constitute lines with wire
sizes of 4/0 American wire gauge, 336.4 kcmil, 397.5 kcmil, 477 kcmil and 795 kcmil.
|
Line Voltage |
Export Capacity for Fast Track
Eligibility |
|
|
|
Regardless of location |
On > 600 amp
line and < 2.5 miles from substation |
|
5 kV |
< 500 kW |
< 500 kW |
|
5 kV - 14 kV |
< 2 MW |
< 3 MW |
|
15 kV - 30 kV |
< 3 MW |
< 4 MW |
|
31 kV - 69 kV |
< 4 MW |
< 5 MW |
(3) Detailed study process: For all generating facilities with a
rated capacity 10 megawatts (MW) or less that do not qualify, or pass through,
the simplified or fast track processes or subsequent supplemental review.
(4) Case specific review process: Generating facilities with a rated
capacity greater than 10 megawatts (MW) shall be reviewed pursuant to 17.9.569
NMAC.
B. Application
submittal: The interconnection applicant shall submit an
interconnection application (see Appendices 1A, 1B or 1C, as appropriate) to
the utility, together with the applicable processing fee identified in
17.9.568.23 NMAC. The application shall
be date and time-stamped upon receipt for the purposes of any timetable in
these procedures.
C. Completeness review:
Utility shall notify the interconnection applicant, via email or other
means, that the interconnection application has been received within three
business days of receipt of the interconnection application. Within 10 business days of receipt, the
utility shall notify the applicant whether the interconnection application is
deemed complete and valid. If the
application is incomplete, the utility shall provide the applicant with a list
of all information that the applicant must provide to complete the application.
The applicant must provide the requested
information within 10 business days, or the application will be deemed
withdrawn.
D. Interconnection queue position and posting: The utility shall assign the interconnection
application a queue position based on when it is received under Subsection C of
17.9.568.13 NMAC.
(1) The utility shall maintain a single
queue, which may be sortable by geographic region (e.g., feeder or substation).
(2) The queue position of each interconnection
application will be used to determine the cost responsibility for the upgrades
necessary to accommodate the interconnection.
(3) The queue shall be publicly available
on the utility’s website and shall be updated at least monthly.
(4) If an application fails the screening
process under the simplified or fast track process, but the applicant decides
to continue with review (including Supplemental review) under another level,
the applicant shall retain its original queue position.
(5) If an interconnection application
fails the screening process under the simplified or fast track process, but the
applicant decides to continue with review (including supplemental review) under
another level, the applicant shall retain its original queue position.
E. Modifications to generating facility:
(1) At any time after an interconnection
application is deemed complete or an interconnection agreement has been signed,
if the applicant wishes to make modifications to the planned generating
facility it shall submit to the utility, in writing, all proposed modifications
to any information provided in the interconnection application or in the
interconnection agreement. Any
modification to machine data, equipment configuration, or to the
interconnection site of the generating facility not agreed to in writing by the
utility and the interconnection customer may be deemed a withdrawal of the
interconnection application.
(2) Within 10 business days of receipt of
a proposed modification, the utility shall notify the applicant whether a
proposed modification to either an interconnection application or an existing
generating facility constitutes a material modification.
(a) If the utility determines the
proposed modification is a material modification, then the utility shall notify
the interconnection customer in writing that the customer may:
(i) withdraw
the proposed modification; or
(ii) proceed with a new interconnection
application for such modification. The interconnection customer shall provide
its determination in writing to the utility within 10 business days after being
provided the material modification determination results. If the interconnection customer does not
provide its determination, the proposed modification shall be deemed withdrawn.
(b) If the proposed modification is
determined not to be a material modification, then the utility shall notify the
interconnection customer in writing that the modification has been accepted and
that the customer shall retain its eligibility for interconnection, including
its place in the interconnection queue. Existing
generating facilities may make the modification without requiring a new
interconnection application.
(3) Any dispute as to the utility’s
determination that a modification constitutes a material modification shall
proceed in accordance with the dispute resolution provisions in 17.9.568.26
NMAC.
(4) Any modification to machine data,
equipment configuration, or to the interconnection site of the generating
facility not agreed to in writing by the utility and the interconnection
customer may be deemed a withdrawal of the interconnection application and may
require submission of a new interconnection application, unless proper
notifications of each party by the other as described in Paragraphs (1) and (2)
of Subsection E of 17.9.568.13 NMAC.
F. Site Control: Documentation of site control must be submitted with the interconnection
request. Site control may be demonstrated by:
(1) ownership of, or a leasehold interest in, or a right to develop a site
for the purpose of constructing a generating facility;
(2) a fully executed option to purchase or acquire a leasehold site for such
purpose; or
(3) a fully executed agreement demonstrating exclusivity or other business
relationship between the interconnection applicant and the entity having the authority
to grant the applicant the right to possess or occupy a site for such purpose.
[17.9.568.13 NMAC - N, 02/14/2023]
17.9.568.14 OPTIONAL PRE-APPLICATION REPORT: Potential
applicants may request this optional report for a specific site to get
information about system conditions at their proposed point of interconnection
without submitting a full interconnection application.
A. Potential
applicants shall provide the following information to the utility to expedite
its pre-application review:
(1) project
contact information including name, address, phone number, and email address;
(2) project
location (street address with nearby cross streets, and town/city);
(3) meter
number, pole number, or other equivalent information (such as latitude and
longitude coordinates) identifying the potential point of interconnection, if
available;
(4) generator
type (i.e., solar, wind, combined heat and power) and whether energy storage
will be collocated with the generation;
(5) nameplate
capacity (in alternating current kW);
(6) single or
three phase generator configuration;
(7) stand-alone
generator with no on-site load (yes or no?);
(8) whether new
service is requested. If there is existing service, include the customer
account number, site minimum and maximum existing or proposed maximum loads in
kW and
specify if the amount of any anticipated additional load is expected to change.
B. The
pre-application report shall be completed by the utility per the schedule in Subsection
F of this section and include the following information, if available:
(1) Total
capacity (MW) of substation/area bus or bank and circuit likely to serve
proposed site. If substation or circuit
planned capacity limits are less than the total capacity the utility shall
indicate the planned capacity limits.
(2) Aggregate
existing export capacity (MW) interconnected to the substation/area bus or bank
and circuit likely to serve proposed site.
(3) Aggregate
queued export capacity (MW) proposing to interconnect to the substation/area
bus or bank and circuit likely to serve proposed site.
(4) Available
capacity (MW) of substation/area bus or bank and circuit likely to serve
proposed site. Available capacity is the
total capacity less the sum of existing and queued export capacity, accounting
for all load served by existing and queued generators.
(5) Whether
the proposed generating facility is located on an area, spot or radial network.
(6) Nominal
distribution circuit voltage at the proposed site.
(7) Approximate
circuit distance between the proposed site and the substation.
(8) Relevant line
section(s) and substation actual or estimated peak load and minimum load data,
when available.
(9) Manufacturer
model number/type and rating of protective devices and number and type of
voltage regulating devices between the proposed site and the substation/area.
(10) Whether or not
three-phase power is available at the site or distance from three-phase
service.
(11) Limiting
conductor rating from proposed point of interconnection to distribution
substation.
(12) Based on
proposed point of interconnection, existing or known constraints such as, but
not limited to, electrical dependencies at that location, short circuit
interrupting capacity issues, power quality or stability issues on the circuit,
capacity constraints, or secondary networks.
(13) Any other
information the utility deems relevant to the interconnection application.
C. The pre-application report need only include pre-existing data. A pre-application report request does not
obligate the utility to conduct a study or other analysis of the proposed
project if that data is not available. If the utility cannot complete all or
some of a pre-application report due to lack of available data, the utility
will provide the potential applicant with a pre-application report that
includes the information that is available and identify the information that is
unavailable.
D. Notwithstanding any of the provisions of this section, the utility
shall, in good faith, provide pre-application report data that represents the
best available information at the time of reporting.
E. Costs of pre-application reports: The
party requesting the pre-application report shall pay $300.00 for up to one MW system
size, and $500.00 for over one MW. If a
utility can provide documentation that the cost is higher, then the requesting
party shall pay that additional amount.
F. Time
frames for pre-application reports: Pre-application reports should be completed in 20 business
days for system sizes up to one MW, and 30 business days for system sizes
greater than one MW, from the receipt of the completed request form and payment
of the fee. If it can be documented that
a utility cannot meet this deadline due to circumstances beyond their control,
then the utility will be given more time but must notify the applicant.
G. Length of time for accuracy
of information: Due to the dynamic nature of the electric power system, accuracy
cannot be guaranteed past the time of completion of a report. The pre-application report shall be
non-binding on the utility and shall not confer any rights to the
interconnection customer. The provided
information does not guarantee that an interconnection may be completed.
[17.9.568.14 NMAC - N, 02/14/2023]
17.9.568.15 SIMPLIFIED PROCESS:
A. Application: An interconnection customer must submit an
interconnection application, pursuant to Subsection B of 17.9.568.13 NMAC,
using the standard simplified interconnection application form provided in Appendix
1A, which may be sent electronically to a recipient designated by the utility. The application fee specified in Subsection A
of 17.9.568.23 NMAC shall be submitted along with the application. An interconnection customer executes the
standard interconnection agreement for the simplified process by submitting a
simplified process application.
B. Simplified screening: The utility shall evaluate the
interconnection application using the following simplified screens.
(1) Screen
1: The
generating facility must utilize a UL 1741 certified inverter.
(2) Screen
2: For
interconnection of a proposed generating facility to the load side of network
protectors, the proposed generating facility must utilize an inverter-based
equipment package and, its nameplate rating, together
with the nameplate rating of the aggregated other inverter-based generation,
shall not exceed fifty percent of the secondary network's relevant minimum
load.
(3) Screen
3: Until
December 31, 2023, for interconnection of a proposed generating facility to a
radial distribution circuit, the aggregate export capacity of the generating
facilities connected to the distribution circuit, including the proposed
generating facility, may not exceed one hundred percent of the relevant minimum
load (or fifteen percent of maximum load if minimum load data is unavailable)
normally supplied by the distribution circuit.
After December 31, 2023, for interconnection of a proposed generating
facility to a radial distribution circuit, the aggregate export capacity of the
generating facilities connected to the distribution circuit, including the
proposed generating facility, may not exceed one hundred percent of the
relevant minimum load normally supplied by the distribution circuit.
(4) Screen
4: If the
proposed generating facility is to be interconnected on a single-phase shared
secondary, the aggregate export capacity generation capacity on the shared
secondary, including the proposed generating facility, shall not exceed sixty-five
percent of the transformer nameplate power rating.
(5) Screen
5: If the
proposed generating facility is single-phase and is to be interconnected on a
center tap neutral of a 120/240 volt service, its
addition shall not create an imbalance between the two sides of the 240 volt
service of more than twenty percent of the nameplate rating of the service
transformer.
C. Simplified screening results: Within seven business days after
the utility notifies the applicant that its interconnection application is
complete, the utility shall notify the customer whether the generating facility
meets the simplified process screens and include with the notification copies
of the analysis and data underlying the utility’s determinations under the
screens. Despite the failure of one or
more screens, the utility, at its sole option, may approve the interconnection
provided such approval is consistent with safety and reliability.
(1) Failed screens: If the utility cannot determine that the
generating facility may nevertheless be interconnected consistent with safety,
reliability, and power quality standards, the utility shall provide the
applicant the screen results. If one or
more screens are not passed, the utility shall provide, in writing, the
specific screens that the interconnection application failed, including the
technical reason for failure. The
utility shall provide information and detail about the specific system
threshold or limitation causing the interconnection application to fail the
screen. In addition, the utility shall
allow the customer to select one of the following, at the applicant’s option:
(a) undergo
supplemental review in accordance with 17.9.568.17 NMAC; or
(b) continue
evaluating the interconnection application under detailed study in accordance
with 17.9.568.18 NMAC. The applicant
must notify the utility of its selection within 10 business days
or the interconnection application will be deemed withdrawn.
(2) Approval: If the proposed generating facility passes the
screens, or the utility determines the proposed generating facility can be
interconnected safely and reliably despite the failure of one or more screens,
the interconnection application shall be approved. The utility shall return to the applicant an
executed simplified process interconnection agreement at the same time it
provides the applicant with the screen results. If the utility determines that the generating
facility can be interconnected safely and reliably, but requires construction
of interconnection facilities or distribution system modifications, the utility
shall instead process the interconnection application according to the
procedures for the fast track process starting at
17.9.568.16 NMAC.
D. Reference
point of applicability review:
(1) The
following process will occur concurrently with the simplified process screening
in Subsections B and C of 17.9.568.15 NMAC. Within five business days after the utility
notifies the applicant that the interconnection application is complete, the
utility shall review the reference point of applicability denoted by the
applicant and determine if it is appropriate.
(2) If
it is determined that the reference point of applicability is appropriate, the
utility will notify the applicant when it provides the simplified screen
results and proceed according to Subsection C of 17.9.568.15 NMAC.
(3) If
the utility determines the reference point of applicability is inappropriate,
the utility will notify the applicant in writing, including an explanation as
to why it requires correction. Applicant
shall provide the utility with a corrected interconnection application with
the proper reference point of applicability within five business days of notification.
During this time the utility will
proceed with applying the simplified screens. The utility shall review the revised
interconnection request within five business days of receipt to determine if
the revised reference point of applicability has been appropriately denoted. If correct, the utility will proceed according
to Subsection C of 17.9.568.15 but be provided with a total of 12 business days
to provide the simplified results. If
the interconnection customer does not provide the appropriate reference point
of applicability or a request for an extension of time within the deadline, the
interconnection application will be deemed withdrawn.
[17.9.568.15 NMAC - N, 02/14/2023]
17.9.568.16 FAST TRACK PROCESS:
A. Application: An interconnection customer must submit an
interconnection application, pursuant to Subsection B of 17.9.568.13 NMAC,
using the standard interconnection application form provided in Appendix 1B,
which may be sent electronically to a recipient designated by the utility. The application fee specified in Subsection A
of 17.9.568.23 NMAC shall be submitted along with the interconnection
application.
B. Fast track screening: The utility shall evaluate the interconnection
application using the following fast track initial review screens.
(1) Screen 1: For interconnection of a proposed generating
facility to the load side of network protectors, the proposed generating facility
must utilize a certified inverter-based equipment package and its nameplate
rating, together with the nameplate rating of the aggregated other
inverter-based generation, shall not exceed fifty percent of the secondary
network's relevant minimum load.
(2) Screen 2: Until December 31, 2023, for interconnection
of a proposed generating facility to a radial distribution circuit, the
aggregate export capacity of the generating facilities connected to the
distribution circuit, including the proposed generating facility, may not
exceed one hundred percent of the relevant minimum load (or fifteen percent of
maximum load if minimum load data is unavailable) normally supplied by the
distribution circuit. After December 31,
2023, for interconnection of a proposed generating facility to a radial
distribution circuit, the aggregate export capacity of the generating
facilities connected to the distribution circuit, including the proposed
generating facility, may not exceed one hundred percent of the relevant minimum
load normally supplied by the distribution circuit.
(3) Screen 3: For interconnection of a proposed generating
facility that can introduce inadvertent export, where the nameplate rating
minus the export capacity is greater than 250 kW, the following inadvertent
export screen limit is required. With a
power change equal to the nameplate rating minus the export capacity, the
change in voltage at the point on the medium voltage (primary) level nearest
the point of interconnection does not exceed three percent. Voltage change will be estimated applying the
following formula:
|
Formula |
(RSOURCE V2 |
|
Where: RSOURCE is the grid resistance, XSOURCE is the
grid reactance, V is the grid voltage, PF is the power factor |
|
(4) Screen 4: If the proposed generating facility is to be
interconnected on a single-phase shared secondary, the aggregate export
capacity on the shared secondary, including the proposed generating facility,
shall not exceed sixty-five percent of the transformer nameplate power rating.
(5) Screen 5: If the proposed generating facility is
single-phase and is to be interconnected on a center tap neutral of a 120/240 volt service, its addition shall not create an
imbalance between the two sides of the 240 volt service of more than twenty percent
of the nameplate rating of the service transformer.
(6) Screen 6: The starting voltage dip shall be less than five
percent and the flicker requirements of IEEE 1547™-2018 must be met. This screen only applies to generating
facilities that start by motoring the generator(s).
(7) Screen 7: When measured at the primary side (high side)
of a dedicated distribution transformer serving a generating facility, the sum
of the short circuit current contribution ratios of all generating facilities
connected to utility’s distribution system circuit that serves the generating
facility must be less than or equal to 0.1.
(8) Screen 8: The generating facility, aggregated with other
generation on the distribution circuit, will not cause any distribution
protective devices and equipment (including but not limited to substation
breakers, fuse cutouts, and line reclosers), or utility customer equipment on
the system, to exceed ninety percent of the short circuit interrupting
capability; nor is the interconnection proposed for a circuit that already
exceeds ninety percent of the short circuit interrupting capability.
(9) Screen 9: The generating facility complies with the
applicable type of interconnection, based on the table below. This screen includes a review of the type of
electrical service provided to the interconnecting customer, including line
configuration and the transformer connection to limit the potential for
creating over-voltages on the utility’s electric power system due to a loss of
ground during the operating time of any anti-islanding function.
|
Primary Distribution Line Type |
Type of Interconnection to Primary Distribution Line |
Result/Criteria |
|
Three-phase, three-wire |
If ungrounded on primary or any
type on secondary |
Pass screen |
|
Three-phase, four-wire |
Single-phase line-to-neutral |
Pass screen |
|
Three-phase, four-wire or mixed
three-wire and four-wire |
All others |
Pass
screen for inverter-based generation if the aggregate nameplate rating,
including the nameplate rating of the proposed project, is ·
≤
100% feeder or line section minimum load, or ·
if
minimum load data is not available: ≤ 30% feeder or line section peak load. Pass
screen for rotating generation if the aggregate nameplate rating, including
the nameplate rating of the proposed project, is: ·
≤
33% of feeder or line section minimum load, or ·
if
minimum load data isn’t available: ≤ 10% of feeder or line section peak load. |
(10) Screen 10: If the generating facility’s point of
interconnection is behind a line voltage regulator, the generating facility’s
export capacity is less than 250 kW.
C. Fast track screening results:
Within 15 business days after the
utility notifies the applicant that the interconnection application is
complete, the utility shall notify the applicant of the initial review results
and include with the notification copies of the analysis and data underlying
the utility’s determinations under the screens. If one or more screens are not
passed, the utility shall provide, in writing, the specific screens that the
interconnection application failed, including the technical reason for failure.
The utility shall provide information
and detail about the specific system threshold or limitation causing the
interconnection application to fail the screen.
D. Approval: For all interconnection applications that pass
initial review and do not require interconnection facilities or distribution
upgrades, utility shall provide applicant with an interconnection agreement no
later than 15 business days of providing notice of initial review results,
except where a utility is required to provide notice to the transmission
provider as outlined in Paragraph (1) of Subsection D of 17.9.568.16 NMAC. Despite the failure of one or more screens,
the utility, at its sole option, may approve the interconnection provided such
approval is consistent with safety and reliability. For interconnection applications that fail
initial review but the utility determines the interconnection application can
be approved with minor modifications, the utility shall provide the applicant
with a non-binding cost estimate of the minor modifications and an
interconnection agreement within 5 business days of providing notice of initial
review results.
(1) If a utility’s transmission service
agreement requires that it notify the transmission provider of interconnections
(of any size or beyond a specific threshold as specified in the transmission
service agreement), the utility shall provide the notice to the transmission
provider immediately after it has applied the fast track screens. If the transmission provider determines that
it does not need to conduct a further analysis of transmission system impacts,
the utility shall provide the interconnection agreement to the customer within
three business days of receiving the transmission provider’s determination. If the transmission provider does require
further analysis, the utility shall coordinate with the interconnection applicant
and the transmission provider to ensure such analysis is conducted in a timely
manner.
(2) If the transmission provider
determines that there are impacts that require upgrades, the utility shall
follow the detailed study process in 17.9.568.18 NMAC for providing the
customer with an interconnection agreement.
E. Failed screens: For interconnection applications that fail
initial review, at the time it provides the screen results, the utility shall
provide the applicant the option to either attend a customer options meeting or
proceed directly to supplemental review. The applicant must notify the utility of its
selection within 10 business days or the interconnection application will be
deemed withdrawn.
F. The utility shall use the screens
identified above to evaluate the interconnection application and shall not
impose arbitrary limitations on interconnection (i.e., limiting interconnection
to projects less than fifty percent of the circuit’s rated capacity) without a
valid technical reason. that is provided to the applicant in writing with an
explanation. In providing detail about
the specific system threshold or limitation causing the interconnection
applicant to fail the screen, the utility shall provide an estimate of the cost
of and expected timeline for conducting necessary upgrades to accommodate the
interconnection application.
G. Reference point of applicability
review:
(1) The following process will occur
concurrently with the fast track screening process in Subsection
C of 17.9.568.16 NMAC. Within five business days after the utility notifies the
applicant that the interconnection application is complete, the utility shall
review the reference point of applicability denoted by the applicant and
determine if it is appropriate.
(2) If it is determined that the
reference point of applicability is appropriate, the utility will notify the
applicant when it provides the fast track screen
results and proceed according to Subsections C through F of 17.9.568.16.
(3) If the utility determines the
reference point of applicability is inappropriate, the utility will notify the
applicant in writing, including an explanation as to why it requires
correction. Applicant shall provide the
utility with a corrected interconnection application with the proper reference
point of applicability within five business days of notification. During this time the utility will proceed with
applying the fast track screens. The utility shall review the revised
interconnection request within five business days of receipt to determine if
the revised reference point of applicability has been appropriately denoted. If correct, the utility will proceed according
to Subsections C through F of 17.9.568.16 NMAC. If the applicant does not provide the
appropriate reference point of applicability or a request for an extension of
time within the deadline, the interconnection application will be deemed
withdrawn.
H. Customer options meeting: Within 10 business days of the utility's
completion of its initial review, the utility shall offer to convene a customer
options meeting with the applicant to review possible interconnection customer
facility modifications or the screen analysis and related results to determine
what further steps are needed to permit the generating facility to be connected
safely and reliably. At the time of
notification of the utility's determination, or at the customer options
meeting, the utility shall:
(1) Offer to perform facility
modifications or minor modifications to the utility's electric system (e.g.,
changing meters, fuses, relay settings) and provide a non-binding good faith
estimate of the limited cost to make such modifications to the utility's
electric system and offer to continue the screening process; or
(2) Offer to perform a supplemental
review if the utility concludes that the supplemental review might determine
that the generating facility could continue to qualify for interconnection
pursuant to the fast track process, and provide a
non-binding good faith estimate of the costs and time of such review; or
(3) Offer to continue evaluating the
interconnection application under the full interconnection study process.
[17.9.568.16 NMAC - N, 02/14/2023]
17.9.568.17 SUPPLEMENTAL REVIEW:
A, Agreeing
to supplemental review: To accept the offer of a supplemental
review, the applicant shall agree in writing and submit a $2,500 fee for the
review, both within 15 business days of the offer. If the written agreement and deposit have not
been received by the utility within that timeframe, the interconnection
application shall continue to be evaluated under the detailed study process
unless it is withdrawn by the applicant.
B. Supplemental review screens: The utility shall evaluate the interconnection application using the
following supplemental review screens.
(1) Minimum gross load
screen: Where 12 months of line section minimum
load data (including onsite load but not station service load served by the
proposed generating facility) are available, can be calculated, can be
estimated from existing data, or determined from a power flow model, the
aggregate export capacity on the line section is less than one hundred percent
of the gross minimum load for all line sections bounded by automatic
sectionalizing devices upstream of the proposed generating facility. If minimum load data is not available, or
cannot be calculated, estimated or determined, the utility shall include the
reason(s) that it is unable to calculate, estimate or determine minimum load in
its supplemental review results notification.
After December 31, 2023 utility should have minimum
load data for all circuits.
(a) The
type of generation used by the proposed generating facility will be taken into account when calculating, estimating, or
determining circuit or line section minimum load relevant for the application
of Subsection B of 17.9.568.17 NMAC. Solar photovoltaic (pv)
generation systems with no battery storage use daytime minimum load (i.e. 10
a.m. to 4 p.m. for fixed panel systems and 8 a.m. to 6 p.m. for pv systems utilizing tracking systems), while all other
generation uses absolute minimum load.
(b) When
this screen is being applied to a generating facility that serves some station
service load, only the net injection into the electric system will be
considered as part of the aggregate export capacity.
(c) Utility
will not consider as part of the aggregate export capacity generation for
purposes of this screen generating facility export capacity known to be already
reflected in the minimum load data
(2) Voltage and power
quality screen: In aggregate with existing generation on
the line section:
(a) the
voltage regulation on the line section can be maintained in compliance with
relevant requirements under all system conditions;
(b) the
voltage fluctuation is within acceptable limits as defined by Institute of
Electrical and Electronics Engineers (IEEE) Standard 1453, or utility practice similar to IEEE Standard 1453; and (3) the harmonic levels
meet IEEE Standard 519 limits. If the
generating facility limits export pursuant to 17.9.568.12 NMAC, the export
capacity instead of nameplate rating must be utilized in any analysis including
power flow simulations.
(3) Safety and reliability
screen: The location of the proposed generating
facility and the aggregate export capacity on the line section do not create
impacts to safety or reliability that cannot be adequately addressed without
application of the detailed study process. If the generating facility limits export
pursuant to 17.9.568.12 NMAC, the export capacity must be included in any
analysis including power flow simulations, except when assessing fault current
contribution. To assess fault current
contribution, the analysis must use the rated fault current; for example, the
customer may provide manufacturer test data (pursuant to the fault current test
described in IEEE 1547.1-2020 clause 5.18) showing that the fault current is
independent of the nameplate rating. The utility shall give due consideration
to the following and other factors in determining potential impacts to safety
and reliability in applying this screen.
(a) whether the line section has significant minimum
loading levels dominated by a small number of customers (e.g., several large
commercial customers);
(b) whether
the loading along the line section is uniform or even;
(c) whether
the proposed generating facility is located in close
proximity to the substation (i.e., less than 2.5 electrical circuit miles), and
whether the line section from the substation to the point of interconnection is
a mainline rated for normal and emergency ampacity;
(d) whether
the proposed generating facility incorporates a time delay function to prevent
reconnection of the generator to the system until system voltage and frequency
are within normal limits for a prescribed time;
(e) whether
operational flexibility is reduced by the proposed generating facility, such
that transfer of the line section(s) of the generating facility to a
neighboring distribution circuit/substation may trigger overloads or voltage
issues;
(f) whether
the proposed generating facility employs equipment or systems certified by a
recognized standards organization to address technical issues such as, but not
limited to, islanding, reverse power flow, or voltage quality.
C. Supplemental review screening results: Within 20 business days of an applicant’s election to undergo
supplemental review, the utility shall perform supplemental review using the
screens set forth above and notify the customer of the results.
(1) Failed screens and
option to revise interconnection application: If the
proposed interconnection fails any of the supplemental review screens, the
utility shall specify which screens the interconnection application failed,
including the technical reason for failure, and the data and the analysis supporting
the supplemental review. The utility
shall provide information and detail about the specific system threshold or
limitation causing the interconnection application to fail the screen. If the applicant chooses to amend the
interconnection application to address the specific failed screens, the
applicant must submit an updated interconnection application demonstrating the
redesign within 10 business days after receiving the screen results. The
redesign shall only include changes to address the screen failures or
identified upgrades (which could include, for example, the addition of
DC-coupled or AC-coupled energy storage). Increases in export capacity or changes in
point of interconnection are not permitted and shall require the
interconnection application to be withdrawn and resubmitted. The utility will evaluate whether the redesign
addresses the screen failure and notify the applicant of the results of this
evaluation within 10 business days. This
redesign option to mitigate impacts shall only be available one time during the
supplemental review process. If the
applicant does not amend or withdraw its interconnection application within 10
business days of receiving results, it shall continue to be evaluated under the
detailed study process consistent with Subsection A of 17.9.568.18 NMAC below.
(2) Approval:
(a) If the proposed interconnection passes the
supplemental screens above and does not require construction of facilities by
the utility on its own system, the interconnection agreement shall be provided
within 10 business days after the notification of the supplemental review
results unless the provisions in Paragraph (2) of Subsection D of 17.9.568.17 NMAC
apply.
(b) If interconnection facilities or minor modifications
to the utility’s system are required for the proposed interconnection to pass
the supplemental screens above, the interconnection agreement, along with a non-binding
good faith estimate for the interconnection facilities or minor modifications,
shall be provided to the applicant within 15 business days after receiving
written notification of the supplemental review results.
(c) If
the proposed interconnection would require more than interconnection facilities
or minor modifications to the utility’s system to pass the supplemental screens
above, the utility shall notify the applicant, at the same time it notifies the
applicant with the supplemental review results, that the interconnection
application shall be evaluated under the detailed study process unless the
applicant withdraws its interconnection application.
(d) If
a utility’s transmission service agreement requires that it notify the
transmission provider of interconnections (of any size or beyond a specific
threshold as specified in the transmission service agreement), the utility
shall provide the notice to the transmission provider immediately after it has
applied the supplemental review screens.
If the transmission provider determines that it does not need to conduct
a further analysis of transmission system impacts, the utility shall provide
the interconnection agreement to the customer within three business days of
receiving the transmission provider’s determination. If the transmission provider does require
further analysis, the utility shall coordinate with the interconnection
applicant and the transmission provider to ensure such analysis is conducted in
a timely manner. If the transmission
provider determines that there are impacts that require upgrades, the utility
shall follow the detailed study process in 17.9.568.18 NMAC for providing the
customer with an interconnection agreement.
[17.9.568.17 NMAC - N, 02/14/2023]
17.9.568.18 DETAILED STUDY PROCESS:
A, Application: An interconnection customer must submit an interconnection application,
pursuant to Subsection B of 17.9.568.13 NMAC, using the interconnection application
form for fast track and detailed study provided in Appendix 1C, which may be
sent electronically to a recipient designated by the utility. The application
fee specified in Subsection A of 17.9.568.23 NMAC shall be submitted along with
the application. An applicant who was
unable to proceed through the simplified or fast track process application due
to failure of the screening process may request that the utility treat
that existing interconnection application as a new detailed study application.
B. Scoping
meeting:
(1) A
scoping meeting will be held within 10 business days after the interconnection
application is deemed complete., or the applicant agrees to proceed to detailed
study after simplified or fast track review or as otherwise mutually agreed to
by the parties. By mutual agreement of
the parties, the scoping meeting, system impact study or facilities study may
be waived. The utility and the applicant
will bring to the meeting personnel, including system engineers and other
resources as may be reasonably required to accomplish the purpose of the meeting.
(2) The purpose of the scoping meeting is to
discuss the interconnection application, the reference point of applicability,
and review existing studies relevant to the interconnection application. The parties shall further discuss whether the
utility should perform a feasibility study (at the customer’s option) or
proceed directly to a system impact study, or a facilities study, or an
interconnection agreement. If the
parties agree that a feasibility study should be performed, the utility shall
provide the applicant, as soon as possible, but not later than five business
days after the scoping meeting, a feasibility study agreement, provided by the
utility, including an outline of the scope of the study and a non-binding,
good- faith estimate of the cost to perform the study.
(a) the
feasibility study will provide a preliminary review of short circuit currents,
including contribution from the proposed generation facility, and coordination
and potential overloading of distribution circuit protection devices. If the interconnection applicant agrees to the
feasibility study, the interconnection applicant shall provide an executed
agreement and a deposit for the estimated costs provided by the utility;
(b) the scope of the feasibility study can be
modified by the parties upon mutual agreement.
(3) In
order to remain in consideration for interconnection, an applicant who has
requested a feasibility study must return the executed feasibility study
agreement and any required deposit within 15 business days. If the parties agree not to perform a
feasibility study, the utility shall provide the applicant, no later than five
business days after the scoping meeting, a system impact study agreement provided
by the utility including an outline of the scope of the study and a
non-binding, good faith estimate of the cost to perform the study.
C. Feasibility study: A feasibility study shall identify any potential adverse system impacts
that would result from interconnection of the generating facility.
(1) A
deposit of the lesser of fifty percent of the good faith estimated feasibility
study cost, or earnest money of $1,000.00 may be required by the utility.
(2) Once
the feasibility study is completed, a feasibility study report shall be
prepared and transmitted to the applicant.
Barring unusual circumstances, the feasibility study must be completed
and the feasibility study report transmitted within 30 business days of the
applicant's agreement to conduct a feasibility study.
(3) If
the feasibility study shows no potential for adverse system impacts, but
facilities are required, the utility shall send the applicant a facilities
study agreement, including an outline of the scope of the study and a
non-binding, good faith estimate of the cost to perform the study.
(4) If
no additional facilities are required, the utility shall provide the applicant
an executable interconnection agreement within five business days.
D. System impact study: A system impact study shall identify and detail the electric system
impacts that would result if the proposed generating facility were
interconnected without project modifications or electric system
modifications. A system impact study
shall consist of a short circuit analysis, a stability analysis, a power flow
analysis, voltage drop and flicker studies, protection and set point
coordination studies, and grounding reviews, as necessary. A system impact study shall state the impact
of assumptions upon which it is based, state the results of the analyses, and
provide the requirement or potential impediments to providing the requested
interconnection service, including a preliminary indication of the cost and
length of time that would be necessary to correct any problems identified in
those analyses and implement the interconnection. A system impact study shall provide a list of
facilities that are required as a result of the interconnection application and
non-binding good faith estimates of cost responsibility and time to
construct. The system impact study must
take into account the proposed generating facility's design and operating
characteristics, including but not limited to the proposed operating profile,
and study the generating facility according to how it is proposed to be
operated. If the generating facility limits export pursuant to 17.9.568.12
NMAC, the system impact study must use export capacity instead of the nameplate
rating, except when assessing fault current contribution. To assess fault current contribution, the
system impact study must use the rated fault current; for example, the customer
may provide manufacturer test data (pursuant to the fault current test
described in IEEE 1547.1-2020 clause 5.18) showing that the fault current is independent
of the nameplate rating.
(1) The
utility shall provide the applicant a system impact study agreement within five
business days if:
(a) a
feasibility study is conducted and indicates adverse impacts on either the
transmission system or the distribution system;
(b) the
parties agree at the scoping meeting to proceed directly to a system impact
study;
(c) the
scoping meeting is omitted by mutual agreement; or
(d) the
simplified process or fast track process has been completed and the applicant
has elected to continue with the study process, and a system impact study is
required.
(2) The
system impact study agreement shall include an outline of the scope of the
study and a non-binding good-faith estimate of the
cost to perform the study. If
applicable, the agreement shall list any additional and reasonable technical
data on the generating facility needed to perform the system impact study. The scope of and cost responsibilities for a
system impact study must be described in the system impact study agreement. A
deposit of the good faith estimated costs for each system
impact study shall be provided by the applicant when it returns the study
agreements. The additional and
reasonable technical data, if applicable, shall be returned with the system
impact agreement. In order to remain
under consideration for interconnection, the applicant must return the executed
system impact study agreements and a deposit for the good-faith
estimates of the studies within 20 business days.
(3) If
the feasibility study shows no potential for adverse impacts on either the
transmission or distribution systems, (or the parties agree to proceed straight
to a facilities study), the utility shall send the applicant a facilities study
agreement, including an outline of the scope of the study and a non-binding,
good faith estimate of the cost to perform the study, or an executable
interconnection agreement, as applicable.
(4) A
system impact study shall be completed within 40 business days after the system
impact study agreement is signed by the parties and delivered with deposit to
the utility. The results and, if
necessary, facilities study agreement shall be delivered to the applicant
within five business days of completion of the system impact study. Upon request, the utility shall provide the
applicant supporting documentation and workpapers developed in the preparation
of the system impact study.
(5) In
instances where the system impact study shows potential for transmission system
adverse system impacts, within five business days following the identification
of such impacts by the utility, the utility shall coordinate with the
appropriate transmission provider to have the necessary studies completed to
determine if the DER causes any adverse transmission impacts. If the utility’s transmission service
agreement requires that the transmission provider be notified of an
interconnection, it shall provide that notice, regardless of whether the system
impact study shows potential for transmission system adverse system impacts,
and coordinate with the transmission provider on any studies it may determine
are necessary.
(6) In
order to remain in consideration for interconnection, an applicant must return
the executed transmission system impact study agreement within 15 business days
of receipt of the agreement.
(7) A transmission system impact study, if required, shall be completed and the
results transmitted to the applicant in as timely a manner as possible after
the transmission system impact study agreement is signed by the parties. The utility shall be responsible for
coordination with the transmission provider as needed. Affected systems shall
participate in the study and provide all information necessary to prepare the
study.
(8) A
one-time modification of the interconnection application is allowed as a result of information from the system impact study
report.
(a) if
the applicant chooses to amend the interconnection application to address the
specific system impacts, the applicant must submit an updated interconnection
application demonstrating the redesign within 15 business days after receiving
the system impact study results from the utility. The redesign shall only include changes
designed to address the specific system impacts or identified upgrades (which
could include, for example, the addition of DC-coupled or AC-coupled energy
storage). This redesign option to
mitigate impacts shall only be available one time during the detailed study
process. Increases in export capacity or
changes in point of interconnection are not permitted and shall require the
interconnection application to be withdrawn and resubmitted;
(b) the
utility shall notify the interconnecting customer within ten business days of
receipt of the modified interconnection application if any additional
information is needed. If additional information is needed or document
corrections are required, the applicant shall provide the required information
or corrections within 10 business days from receipt of the utility notice;
(c) the
actual costs to the utility for any necessary restudies
as a result of a modification described above shall be paid by the applicant. Such restudies should be limited to the
impacts of the modification and shall be billed to the applicant at cost and
not for work previously completed. The
utility shall use reasonable efforts to limit the scope of such restudies to what
is necessary. The revised impact study
shall be completed within 15 business days.
E. Facilities study: Once the required system impact study/studies are completed, a system
impact report shall be prepared and transmitted to the applicant along with a
facilities study agreement within five business days.
(1) The
report and agreement shall provide an outline and non-binding,
good faith estimate of the cost of the facilities study.
(2) In
order to remain under consideration for interconnection, the applicant must
return the executed facilities agreement, and a deposit for the good-faith estimates of the studies, within 15 business
days. The facilities study shall specify
and estimate the cost of the equipment, engineering, procurement and
construction work (including overheads) needed to implement the conclusions of
the system impact study(s).
(3) Design
for any required interconnection facilities or upgrades shall be performed
under the facilities study agreement.
The utility may contract with consultants to perform activities required
under the study agreement.
(4) The
applicant and the utility may agree to allow the applicant to arrange for the
design of some of the interconnection facilities, but the proposed deign will
be reviewed subject to modification by the utility prior to acceptance.
(5) In
cases where upgrades are required, the facilities study must be completed
within 45 business days of the receipt of the executed facilities study
agreement and deposit. In cases where no
upgrades are necessary, and the required facilities are limited to
interconnection facilities, the facilities study must be completed within 30
business days of the receipt of the executed facilities study agreement and
deposit.
(6) Once
the facilities study is completed, a facilities study report shall be prepared
and transmitted to the applicant. Upon
request, the utility shall provide applicant supporting documentation and
workpapers developed in the preparation of the interconnection facilities study.
(7) Upon
completion of the facilities study, and with the agreement of the
interconnection applicant to pay for interconnection facilities or upgrades
identified in the study, the utility shall provide the interconnection
applicant with an executable interconnection agreement within five business
days.
F. Payment for study costs: For each of the studies conducted, any study fees shall be based on the
utility’s actual costs and will be invoiced to the applicant after the study is
completed and delivered and will include a summary of professional time. The applicant must pay any study costs that
exceed the deposit without interest within 30 calendar days on receipt of the
invoice or resolution of any dispute. If
the deposit exceeds the invoiced fees, the utility shall refund such excess
within 30 calendar days of the invoice without interest.
[17.9.568.18 NMAC - N, 02/14/2023]
17.9.568.19 COST SHARING FOR INTERCONNECTION
UPGRADES:
A. The cost of utility system modifications
required pursuant to the fast track process or the
full interconnection study process shall be borne by the applicant unless
otherwise agreed to by the parties or following a determination by the
commission that some or all of the costs constitute system benefits eligible
for cost-sharing options:
(1) The
commission may determine on a case-by-case basis whether the cost of
distribution system upgrades necessary to interconnect one or more generating
facilities may be eligible for some form of cost-sharing:
(a) among
several developers using the same distribution facilities;
(b) among
all ratepayers of the qualifying utility via rate base adjustments; or
(c) among
ratepayers of the same rate class as subscribers to the community solar
facility via a rate rider for that class.
(2) In
making such a determination that there are public benefits to such a
cost-sharing mechanism, the commission shall employ the same analysis as
provided for cost-sharing or rate basing grid modernization projects as defined
by Section 62-8-13 NMSA 1978 (Grid Modernization Act 2019, HB 233) to make a
finding that the approved expenditures are:
(a) reasonably
expected to improve the public utility’s electrical system efficiency, reliability,
resilience and security; maintain reasonable operations, maintenance and
ratepayer costs; and meet energy demands through a flexible, diversified and
distributed energy portfolio;
(b) reasonably
expected to increase access to, and use of, clean and renewable energy, with
consideration given to increasing access to low-income subscribers and
subscribers in underserved communities;
(c) designed
to contribute to the reduction of air pollution, including greenhouse gases;
(3) Expenditures
approved for such cost sharing of necessary interconnection upgrades shall not
be considered a “subsidization” subject to the three percent limitations
spelled out in this rule or in the Community Solar Act.
[17.9.568.19 NMAC - N, 02/14/2023]
17.9.568.20 INTERCONNECTION AGREEMENT:
A. For simplified
process interconnection projects, the applicant will sign a form interconnection
agreement at the time it submits its interconnection application, and the
utility will return a counter-signed interconnection agreement with the screen
results.
B. For fast track and
detailed study interconnection projects: after receiving an interconnection
agreement from the utility, the applicant shall have 30 business days or
another mutually agreeable timeframe to sign and return the interconnection
agreement. If the applicant does not
sign the interconnection agreement within 30 business days, the interconnection
application shall be deemed withdrawn. After
the interconnection agreement is signed by the parties, the interconnection of
the generating facility shall proceed under the provisions of the
interconnection agreement.
[17.9.568.20 NMAC - N, 02/14/2023]
17.9.568.21 PERMISSION TO OPERATE:
A. The interconnection
customer may not commence operations until its interconnection application is
deemed complete and the utility has issued a permission
to operate (PTO). The
interconnection customer shall provide the utility with at least 10 business
days’ notice of the anticipated start date of the generating facility.
B. Within
10 business days of receiving the notice of the anticipated start date of the
generating facility, the utility may conduct an inspection of the generating
facility at a time mutually agreeable to the parties. The inspection may
include verification that the facility complies with applicable codes and
standards, the terms of the interconnection agreement, and may include a
witness test. The utility may also
schedule appropriate metering replacement or programming if necessary. If the generating facility passes the
inspection, the utility shall provide written notice of the passage within
three business days. If a Generating
Facility initially fails a utility inspection, the utility shall offer to redo
the inspection at the applicant’s expense at a time mutually agreeable to the
parties. If the utility determines that
the generating facility fails the inspection, the utility must provide the
applicant with a written explanation detailing the reasons for the failure and
any standards violated. If the utility determines
no inspection is necessary, it shall notify the applicant within three business
days of receiving the notice of the anticipated start date.
C. For simplified
process and fast track generating facilities, utility approval for interconnection
(i.e. permission to operate) shall normally be processed not later than 10 business
days following the utility’s receipt of:
(1) a
completed net energy metering interconnection application, if appropriate,
including all supporting documents and required payments;
(2) a
completed signed interconnection agreement, if appropriate; and
(3) evidence
of the applicant’s final electric inspection clearance from the governmental authority
having jurisdiction over the generating facility. If the 10-day period cannot be met, the utility
shall notify the applicant.
D. A generating facility that has
not been approved for parallel operation within one year of execution of the
interconnection agreement is subject to withdrawal by utility; however, the
utility may not deem the interconnection application withdrawn if:
(1) applicant provides reasonable
evidence that the interconnection application is still active; or
(2) the delay is at no fault of applicant.
[17.9.568.21 NMAC - N, 02/14/2023]
17.9.568.22 INTERCONNECTION APPLICATION REVIEW
FLOW CHART: [RESERVED]
[17.9.568.22 NMAC - Repealed, 02/14/2023]
17.9.568.23 GENERAL PROVISIONS APPLICABLE TO
INTERCONNECTION APPLICATIONS:
A. An
applicant shall pay the following application fee to the utility at the time it
delivers its interconnection application to the utility:
(1) $150.00 if
the proposed generating facilities will have a nameplate rating less than or
equal to 25 kW;
(2) $300.00 if
the proposed generating facilities will have a nameplate rating greater than 25
kW and less than or equal to 100 kW; or
(3) $300.00 + $1.00
per kW if the proposed generating facilities will have a nameplate rating
greater than 100 kW;
(4) if the
proposed generating facility is non-export only, it shall pay $150.00, if it
has a nameplate rating below 100kW, or $300 if the nameplate rating is greater
than 100 kW.
B. In
addition to the fees authorized by this rule, a small utility may collect from
the applicant the reasonable costs incurred to obtain necessary expertise from
consultants to review interconnection applications for generating facilities
with rated capacities greater than 10 kW.
A small utility shall provide a good faith estimate of the costs of such
consultants to an applicant within 10 business days of the date the
interconnection application is delivered to the utility.
C. Commissioning
tests of the interconnection customer's installed equipment shall be performed
pursuant to applicable codes and standards, including IEEE 1547.1 “IEEE
standard conformance test procedures for equipment interconnecting distributed
energy resources with electric power systems.”
A utility must be given at least five business days written notice of
the tests, or as otherwise mutually agreed to by the parties, and may be
present to witness the commissioning tests.
An interconnection customer shall reimburse a utility for its costs
associated with witnessing commissioning tests performed except that a utility
may not charge a fee in addition to the interconnection application fee for the
cost of witnessing commissioning tests for inverter-based generating facilities
that have nameplate capacities that are less than or equal to 25 kW.
D. If
an interconnection customer requests an increase in capacity for an existing
generating facility, the interconnection application shall be evaluated on the basis of the new total capacity of the generating
facility. If an interconnection customer
requests interconnection of a generating facility that includes multiple energy
production devices at a site for which the interconnection customer seeks a single
point of common coupling, the interconnection application shall be evaluated on the basis of the aggregate capacity of the multiple
devices.
E. Confidential
information shall remain confidential unless otherwise ordered by the
commission. Confidential information
shall mean any confidential and proprietary information provided by one party
to the other party that is clearly marked or otherwise designated
“confidential”.
[17.9.568.23 NMAC - N, 02/14/2023]
17.9.568.24 GENERAL PROVISIONS APPLICABLE TO
UTILITIES:
A. A
utility shall interconnect any interconnection customer that meets the
interconnection criteria set forth in this rule. A utility shall make reasonable efforts to
keep the applicant informed of the status and progress.
B. Utilities
shall reasonably endeavor to aid and assist interconnection customers to ensure
that a proposed generating facility's interconnection design, operation, and
maintenance are appropriate for connection to the utility’s system. This may include consultations with the applicant
and its engineer and other representatives.
C. Utilities
shall make reasonable efforts to meet all time frames provided for in this rule
unless a utility and an applicant agree to a different schedule. If a utility cannot meet a deadline provided
herein, it shall notify the applicant in writing within one business day,
explain the reason for its inability to meet the deadline, and provide an
estimated time by which it will complete its activity. The utility shall keep the applicant updated
of any changes in the expected completion date.
D. Utilities
shall use the same reasonable efforts in processing and analyzing
interconnection applications from all interconnection customers, whether the
generating facility is owned or operated by the utility, its subsidiaries or
affiliates, or others.
E. Utilities
shall maintain records for three years of each interconnection application
received, the times required to complete each interconnection application
approval or disapproval, and justification for the utility’s disapproval of any
interconnection application. Other reporting requirements are specified in
17.9.568.23 NMAC.
F. Utilities
shall maintain current, clear, and concise information regarding this rule
including the name, telephone number, and email address of contact
persons. The information shall be easily
accessible on the utility’s website beginning within one month of the effective
date of this rule, or the information may be provided in bill inserts or
separate mailings sent no later than one month after the effective date of this
rule and no less often than once each year thereafter. Each utility shall maintain a copy of this
rule at its principal office and make the same available for public inspection
and copying during regular business hours.
G. A
small utility that uses a consultant to review a proposal to interconnect a
generating facility with the small utility's system may extend each of the time
deadlines for review of the fast track process by a
period not to exceed 20 business days provided that the small utility shall
make a good faith effort to complete the review sooner.
H. Compliance
with this interconnection process does not constitute a request for, nor
provision of any transmission delivery service, or any local distribution
delivery service. Interconnection under
this rule does not constitute an agreement by the utility to purchase or pay
for any energy, inadvertently or intentionally exported.
[17.9.568.24 NMAC - N, NMAC, 02/14/2023]
17.9.568.25 GENERAL PROVISIONS APPLICABLE TO
INTERCONNECTION CUSTOMERS:
A. An
interconnection customer is responsible for the prudent maintenance and upkeep
of its interconnection equipment.
B. Upon
the petition of a utility, for good cause shown, the commission may require a
customer with a generating facility with a rated capacity of 250 kW or less to
obtain general liability insurance prior to connecting with a public
utility. A utility may require that an applicant
proposing to connect a generating facility with a rated capacity greater than
250 kW provide proof of insurance with reasonable limits not to exceed
$1,000,000.00 or other reasonable evidence of financial responsibility.
[17.9.568.25 NMAC - Rp, 17.9.568.14 NMAC, 02/14/2023]
17.9.568.26 EXTENSIONS:
A. The applicant may
request in writing the extension of one timeline set by these rules. The requested extension may be for up to
one-half of the time originally allotted (e.g., a 10 business
day extension for a 20 business day timeframe). The utility shall not unreasonably refuse this
request.
B. If further
timeline extensions are necessary, the applicant may request an extension and
the utility shall grant the extension so long as it does not unreasonably delay
the processing of later queued interconnection applications.
[17.9.568.26 NMAC - N, 02/14/2023]
17.9.568.27 DISPUTE
RESOLUTION:
A. Each
party agrees to attempt to resolve all disputes arising hereunder promptly,
equitably and in a good faith manner.
B. In
the event of a dispute, either party shall provide the other party with a
written notice of dispute. Such notice shall describe in detail the nature of
the dispute. The non-disputing party
shall acknowledge the notice within three business days of its receipt and
identify a representative with the authority to make decisions for the
non-disputing party with respect to the dispute.
C. If
the dispute has not been resolved in eight business days for timeline related
disputes or 20 business days for all other disputes after the receipt of the
notice, the parties may, upon mutual agreement:
(1) continue negotiations for an
additional 10 business days; or
(2) seek resolution through the
assistance of a dispute resolution service. The dispute resolution service will assist the
parties in either resolving the dispute or in selecting an appropriate dispute
resolution venue (e.g., mediation, settlement judge, early neutral evaluation,
or qualified technical expert(s)) to assist the parties in resolving their
dispute. Each party will be responsible
for one-half of any costs paid to neutral third-parties.
D. For
any technical disputes, both parties shall have a qualified technical
representative present in the attempts to resolve the dispute.
E. If
the dispute remains unresolved after 30 business days, either party may
petition the commission to handle the dispute as a formal complaint or may
exercise whatever rights and remedies it may have in equity or law.
F. If
the dispute remains unresolved after 90 business days, a formal complaint to
the commission has not been submitted, and the dispute is causing delays to
other projects in the queue, the utility may adjust the queue position of the
disputing project. The disputing party
shall be responsible for any additional study costs that may result from the
change in queue position.
[17.9.568.27 NMAC - N, 02/14/2023]
17.9.568.28 REPORTING REQUIREMENTS:
A. For
each request for a pre-application report or interconnection application received,
the utility shall collect and retain the following data, at a minimum:
(1) facility
capacity;
(2) DER
type (technology);
(3) number of pre-application reports
requested and processed;
(4) date
of interconnection application submittal;
(5) date
interconnection application deemed complete;
(6) date
and disposition at applicable milestones in the interconnection process,
including which screens, if any, are failed in the applicable process:
(a) initial
review, (under the simplified or fast track process);
(b) supplemental
review;
(c) feasibility
study;
(d) system
impact study;
(e) facilities
study;
(f) interconnection
agreement; and
(g) permission
to operate.
(7) interconnection
fees and study costs assessed to the customer;
(8) interconnection facility and distribution upgrade
costs assessed to the customer;
(9) number
of times outside consultants were utilized and the range of fees assessed to
the customer for the consultants services.
B. Twice
annually each utility shall submit to the commission and make available to the
public on its website an interconnection report with the following information.
The report shall contain information in
the following areas, including relevant totals for both the year.
(1) Pre-application
reports: total
pre-application reports requested, completed within the time limits (20
business days for system sizes up to one MW, and 30 business days for system
sizes greater than one MW30), and number completed outside the specified time limits.
(2) Interconnection applications: total number received, (noting nameplate rating of proposed systems).
(3) Number
of interconnection applications processed within specified timeframes and
completed outside of specified time limits.
(4) Number of
interconnection upgrades completed within negotiated timelines and outside of
negotiated timelines, including a narrative on how much time it is taking to
complete typical upgrades.
(5) Number
of interconnection applications that required more than initial review: median number
of days to complete such reviews.
(6) Number
of interconnection applications withdrawn.
(7) Number
of interconnection agreements executed.
(8) A
table showing the range of fees charged for the feasibility study, system
impact study, and facilities study.
(9) A table showing how
many projects failed each of the interconnection screens in the simplified,
fast track and supplemental review processes broken out by project size and
type (i.e. solar, storage, solar+storage) in the
following increments: up to 25 kW, 25-100 kW, 100-500 kW, 500 kW to 2 MW, 2 to
5 MW.
(10) A narrative
of how the process is working and where there is potential for improvement by
the utility or interconnection applicants.
[17.9.568.28 NMAC - N, 02/14/2023]
17.9.568.29 SAFETY PROVISIONS:
A. A
DER project that operates outside of its approved export status or operational
limits may be disconnected by the utility following notification of violation
and a 30-day cure period.
B. An interconnection customer shall
separate from the utility system in the event of any one or more of the
following conditions:
(1) a fault on the generating facility's
system; or
(2) a generating facility contribution to
a utility system emergency; or
(3) abnormal frequency or voltage
conditions on the utility’s system; or
(4) any occurrence or condition that will
endanger utility employees or customers; or
(5) a generating facility condition that
would otherwise interfere with a utility’s ability to provide safe and reliable
electric service to other customers; or
(6) the sudden loss of the system power.
C. The
utility may temporarily disconnect the generating facility upon the following
conditions:
(1) for scheduled outages per notice requirements in the
utility’s tariff or commission rules;
(2) for unscheduled outages or emergency conditions
pursuant to Subsection B of 17.9.568.29 NMAC;
(3) if the generating facility does not operate in the
manner consistent with these terms and conditions;
(4) the utility shall inform the customer in advance of
any scheduled disconnection, or as is reasonable after an unscheduled
disconnection.
D. A visible-open, load break
disconnect switch between the generating facility and the utility system that
is visibly marked "generating facility generation disconnect" and is
accessible to and lockable by the utility is required for all generating
facilities except for those generating facilities with a maximum capacity
rating of 10 kW or less that use a certified inverter including a
self-contained renewable energy certificate (REC) meter and either:
(1) a utility accessible AC load break disconnect; or
(2) a utility accessible DC load break disconnect where there
is no other source of generated or stored energy connected to the system.
E. Interconnection
customers shall post a permanent and weatherproof one-line electrical diagram
of the generating facility located at the point of service connection to the
utility. Generating facilities where the
disconnect switch is not located in close proximity to
the utility meter must post a permanent and weatherproof map showing the
location of all major equipment including the utility meter point, the
generating facility generation disconnect, and the generating facility
generation breaker. Non-residential
generating facilities larger than 10 kW shall include with or attached to the
map the names and current telephone numbers of at least two persons authorized
to provide access to the generating facility and who have authority to make
decisions regarding the generating facility interconnection and operation.
F. If
the generating facility interconnection equipment package is not certified or
if a certified equipment package has been modified, the generating facility
interconnection equipment package shall be reviewed and approved by a
professional electrical engineer, registered in the state of New Mexico.
[17.9.568.29 NMAC - Rp, 17.9.568.15 NMAC, 02/14/2023]
17.9.568.30 VARIANCES: A party may file a
request for a variance from the requirements of this rule. Such application shall describe the reasons
for the variance; set out the effect of complying with this rule on the parties
and the utility’s customers if the variance is not granted; identify the
section(s) of this rule for which the variance is requested; describe the
expected result which the request will have if granted; and state how the
variance will aid in achieving the purposes of this rule. The commission may grant a request for a
procedural variance through an order issued by the chairman, a commissioner or
a designated hearing examiner. Other
variances shall be presented to the commission as a body for determination.
[17.9.568.30 NMAC - Rp, 17.9.568.16 NMAC, 02/14/2023]
HISTORY OF
17.9.568 NMAC:
Pre-NMAC History: None.
History of Repealed Material:
17.9.568 NMAC,
Interconnection of Generating Facilities with a Rated Capacity up to and
Including 10 MW Connecting to a Utility System (filed 10/15/2008) repealed
effective 02/14/2023.
Other History:
17.9.568 NMAC, Interconnection of Generating Facilities with a Rated
Capacity up to and Including 10 MW Connecting to a Utility System (filed
10/15/2008) was replaced by 17.9.568 NMAC, Interconnection of Generating
Facilities with a Rated Capacity up to and Including 10 MW Connecting to a
Utility System, effective 02/14/2023.