§ 51.10 INTERCONNECTION STANDARDS.
   (A)   A customer desiring to interconnect renewable generation facilities with the town's electric grid shall complete an interconnection application and submit the application and application fee to Pendleton Electric for review. After receipt of the application and fee, Pendleton Electric shall conduct such further inspection of the renewable generation facilities as Pendleton Electric deems necessary and approve or deny the application. If the application is denied, Pendleton Electric shall provide a written response to the customer explaining why the application was denied.
   (B)   If the interconnection application is approved, then the customer agrees that no changes shall be made to the configuration of the renewable generation facilities, as that configuration is described in the application, and no relay or other control or protection settings specified in the application shall be set, reset, adjusted or tampered with, except to the extent necessary to verify that the renewable generation facilities comply with Pendleton Electric's approved settings.
   (C)   In addition to such other requirements as Pendleton Electric deems necessary, any renewable generation facility allowed to interconnect to the town's electric grid must comply with:
      (1)   The National Electrical Code and the National Electrical Safety Code, as each may be revised from time to time;
      (2)   Pendleton Electric's rules and regulations and Pendleton Electric's General Terms and Conditions for Electric Service, each as contained in Pendleton Electric's electric tariff and each as may be revised from time to time; and
      (3)   All other applicable local, state, and federal codes and laws, as the same may be in effect from time to time.
   (D)   For any approved renewable generation facilities interconnected to the town's electric grid, the customer shall install, operate, and maintain, at the customer's sole cost and expense, the renewable generation facilities in accordance with the Institute of Electrical and Electronics Engineers' applicable Standard for Interconnecting Distributed Resources with Electric Power Systems, as it may be amended from time to time. The customer shall be responsible for protecting, at the customer's sole cost and expense, the renewable generation facilities from any condition or disturbance on the town's electric system, including, but not limited to, voltage sags or swells, system faults, outages, loss of a single phase of supply, equipment failures, and lightning or switching surges.
   (E)   The customer shall operate any interconnected renewable generation facilities in such a manner as not to cause undue fluctuations in voltage, intermittent load characteristics or otherwise interfere with the operation of the town's electric system. At all times when the renewable generation facilities are being operated in parallel with the town's electric system, the customer shall operate the renewable generation facilities in a manner that no disturbance will be produced to the service rendered by Pendleton Electric to any of its other customers or to any electric system interconnected with the town's electric system. The customer's control equipment for the renewable generation facilities shall immediately, completely, and automatically disconnect and isolate the renewable generation facilities from the town's electric system in the event of a fault on the town's electric system, a fault on the customer's renewable generation facilities, or loss of a source or sources on the town's electric system. The automatic disconnecting device included in such control equipment shall not be capable of reclosing until after service is restored on the town's electric system. Additionally, if the fault is with the customer's renewable generation facilities, such automatic disconnecting device shall not be reclosed until after the fault is isolated from the customer's renewable generation facilities.
   (F)   Upon reasonable advance notice to the customer, Pendleton Electric shall have access to any interconnected renewable generation facilities to perform on-site inspections to verify that the installation and operation of the renewable generation facilities comply with the requirements of this Ordinance and to verify the proper installation and continuing safe operation of the renewable generation facilities. Pendleton Electric shall also have at all times immediate access to breakers or any other equipment that will isolate the renewable generation facilities from the town's electric system. Pendleton Electric shall not be responsible for any costs the customer may incur as a result of such inspection(s). Pendleton Electric shall have the right and authority to isolate approved interconnected renewable generation facilities at Pendleton Electric's sole discretion if Pendleton Electric believes that:
      (1)   Continued interconnection and parallel operation of the renewable generation facilities with the town's electric system creates or contributes (or will create or contribute) to a system emergency on either Pendleton Electric's or the customer's electric facilities;
      (2)   The renewable generation facilities are not in compliance with the requirements of this section; or
      (3)   The renewable generation facilities interfere with the operation of the town's electric system. In non-emergency situations, Pendleton Electric shall give the customer reasonable notice prior to isolating the renewable generation facilities.
   (G)   Customer shall procure and keep in force during all periods of parallel operation of the renewable generation facilities with the town's electric system, homeowners, commercial, or other insurance to protect the interests of Pendleton Electric as a named insured, with insurance carriers acceptable to Pendleton Electric, and in amounts not less than those reasonably determined by Pendleton Electric to be necessary taking into consideration the nameplate capacity, configuration and type of the renewable generation facilities. The customer shall indemnify and hold harmless Pendleton Electric, the Town of Pendleton, its employees, representatives, agents and subcontractors from and against all claims, liability, damages and expenses, including attorney's fees, based on any injury to any person, including the loss of life, or damage to any property, including the loss of use thereof, arising out of, resulting from, or connected with, or that may be alleged to have arisen out of, resulted from, or connected with, an act or omission by the customer, its employees, agents, representatives, successors or assigns in the construction, ownership, operation or maintenance of the customer's renewable generation facilities. If Pendleton Electric is required to bring an action to enforce its rights under this section, either as a separate action or in connection with another action, and said rights are upheld, the customer shall reimburse Pendleton Electric for all expenses, including attorney's fees, incurred in connection with such action.
   (H)   It shall be unlawful for any person or entity to connect or maintain the connection of a renewable generating facility to the town's electric grid without obtaining Pendleton Electric's approval of an interconnection application. Any person or entity found to be in violation of this section shall be fined not less than $500, nor more than $2,500 for each such violation, plus costs. In addition to the foregoing fines and at Pendleton Electric's sole discretion, property where a renewable generating facility is unlawfully connected to the town's electric grid may be disconnected from the town's electric grid until an interconnection application is approved. Every day that a violation of this section occurs shall constitute a separate offense.
   (I)   Pendleton Electric is hereby authorized to charge a non-refundable application fee of $150 which may be amended from time to time by the Town Council to offset costs involved with reviewing the application, inspecting the renewable generation facilities, and otherwise ensuring compliance with this section.
(Ord. 2018-05, passed 6-14-18)