1046.48   CUSTOMER OWNED ELECTRIC GENERATION.
   (a)   Customer generation may be installed to offset the customer energy consumption up to the annual consumption of the customer subject to capacity limits contained herein. The installation shall comply with all applicable land use, zoning, planning, Borough Code rules and regulations and the applicable electric classification and rates.
   (b)   The Borough shall provide net metering if a customer generates electricity and owns, operates or leases the electric generation system with a capacity that will not exceed 25 kW per meter for residential customers and/or not larger than 50 kilowatts if installed for nonresidential customers.
   (c)   The system capacity shall produce no more than 110% of the customers' consumption, calculated on the average of the two previous 12 month periods of actual electrical usage at the time of installation of energy generating equipment and subject to the capacity limits specified herein. For new building construction or in instances where less than two previous 12 periods of actual usage is not available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of the installation energy generating equipment and subject to the capacity limits herein. Net metering shall be accomplished through a single meter provided by the Borough at the customers expense, that runs forward and backward in order to measure net energy flow during a billing period.
   (d)   If the customer generates more energy than consumed during a monthly billing cycle, the customer shall receive an energy credit in the kWh for the next billing month to offset consumption in the subsequent billing periods until all credits are used. During any subsequent billing period prior to the end of an annualized billing period, the crediting of excess energy kWh will result in the reduction of cost paid by the customer for the equivalent volumetric energy kWh.
   (e)   Monthly credit shall be applicable to energy only. Excess energy credits at the end of a 12 month period established at the discretion of the Borough, shall be credited in dollars and calculated by multiplying excess kWh credits by the average Borough's all in the wholesale electric rate over the previous 12 month period. This average wholesale Borough electric rate shall be based on the previous 12 month power supply cost to the Borough. Regardless of the in service date of the installation, the 12 month period shall be set by the Borough. The customer shall be required to pay all applicable charges including customer, capacity, tax and any purchased power adjustment.
   (f)   The customer shall retain ownership of all Renewable Energy Certificates associated with electric energy produced from all eligible energy resources of the customer-generator facility and consumed by the customer.
   (g)   If the total generating capacity of all customer-generation using net metering systems served exceeds 5% of the capacity necessary to meet the Borough's aggregated monthly peak demand for a particular calendar year, the Borough may elect not to provide net metering services to additional customers.
   (h)   Fees shall include Borough costs, including but not limited to an application fee and inspection fee. Each fee shall be set by resolution of the Borough. Customer shall be responsible for cost of any and all system studies and upgrades, including metering, required to accommodate generation.
   (i)   All customer owned generation shall be subjected to the Borough of Ellwood City Technical Requirements for Customer Owned Generation, as amended by resolution of the Borough.
(Ord. 2440. Passed 4-20-09; Ord. 2598. Passed 9-19-22.)