(A) Service regulations and tariff/rate schedule. This standard for inter-connecting small generation with EPS is governed by the town's general operating policy and electric rate schedules.
(B) Acceptance for inter-connection.
(1) Each application and generator is evaluated individually and accepted or denied for interconnection with the town's EPS. The customer is
solely responsible for ensuring the safe installation and operation of the generator. Generators shall not be inter-connected until the requirements and process described in this standard have been satisfied.
(2) The acceptance for interconnection is for the original applicant only. Subsequent owners or occupants of a site with an inter-connected generator must submit a new application to the town. The existing customer assumes the responsibility of ensuring a new customer is aware the new customer must re-apply and obtain the town's written acceptance or the equipment must be removed or disabled to prevent future interconnection and/or operation.
(C) Waiving requirements. All requirements of this standard must be met although the town may, in its sole discretion, waive all or some of the requirements of this standard. Waivers must be issued in writing.
(D) Interconnect cost. The customer will bear all the cost of interconnection on the customer's side of the point of interconnection as well as necessary changes or upgrades to the EPS to meet all technical and protection requirements to address any power quality, reliability or safety issues caused by the generator operation or connection to the EPS.
(E) Isolating or disconnecting the generator. The town may isolate the customer's premises and/or generator from the town's EPS when necessary in order to construct, install, repair, replace, remove, investigate, or inspect any of the town's equipment or part of the town's system; or if the town determines that isolation of the customer's premises and/or generator from the town's EPS is necessary because of emergencies, forced outages, force majeure or compliance with prudent electrical practices. Whenever feasible, the town shall give the customer reasonable notice of the isolation of the customer's premises and/or generator from the town's EPS. Notwithstanding any other provision of this standard, if at any time the town determines that either the generator may endanger the town's personnel or other persons or property, or the continued operation of the customer's generator may endanger the integrity or safety of the town's electric system, the town shall have the right to isolate the customer's premises and/or generator from the town's EPS without notice. The town may disconnect the EPS electric service to any generator determined to be malfunctioning, or not in compliance with this standard. The customer must provide proof of compliance with this standard before the electrical service will be reconnected.
(F) Limitation of liability. Each party's liability to the other party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission hereunder, shall be limited to the amount of direct damage actually incurred. In no event shall either party be liable to the other party for any indirect, special, incidental, consequential, or punitive damages of any kind.
(G) Indemnification. The customer shall at all times indemnify, defend and save the town it officers and employees harmless from any and all liability, damages, losses, claims, including claims and actions relating to injury or death of any person or damage to property, including property of the town, demand suits, recoveries, costs and expenses, court costs, attorney's fees, and all other obligations by or to third parties, arising out of or resulting from the customer's action or inaction or the customer's obligations hereunder, in any manner directly or indirectly connected with, growing out of the operation of the customer's generator, except in cases of gross negligence or intentional wrongdoing by town.
(H) Access to and operation of the generator. The customer shall limit access to and operation of the generator to qualified persons and assumes the responsibility of maintaining control of the operation of the generator.
(I) Insurance. The customer shall obtain and retain, for as long as its generator is interconnected with the town's system, liability insurance which protects the customer from claims for bodily injury and/or property damage. For a residential customer the minimum coverage shall be at a standard homeowner's insurance policy with liability coverage in the amount of at least $300,000 per occurrence. The insurance shall be primary for all purposes. The customer shall provide certificates evidencing this coverage as required by the town. Automatic notification to town must be established for both annual renewals and if appropriate any termination of such insurance. The town reserves the right to refuse to establish, or continue the inter-connection of the customer's generator with the town's system, if such insurance is not in effect. The town shall have the right to immediately terminate this agreement, immediately terminate the inter-connection and require the customer to permanently disconnect the customer's generator from the EPS.
(J) Generator alterations. Changes to the generator output capacity and/or modification to the protection system required to meet this standard are prohibited without submitting a new “Application to Inter-connect Small Generator” and obtaining a new acceptance from the town.
(K) Discontinuing operation. The customer shall notify the town prior to permanently discontinuing operation of the generator interconnected with the town.
(L) Interconnection application fee. The non-refundable inter-connection application fee covers only the application process for inter-connection of generators and shall be for residential service customers: $100.
(M) Termination fee. A non-refundable termination fee will be applied in the event that the customer terminates this agreement as follows in addition to any costs incurred by the town for residential service customers: $100.
(Ord. passed - - )