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MARYLAND STANDARD AGREEMENT FOR INTERCONNECTION OF SMALL
GENERATOR FACILITIES WITH A CAPACITY GREATER THAN 10 KW BUT LESS THAN
oR EQUAL TO 10 MW
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This Agreement ts
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State of
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and
Sns.,.*^.tr,,h Ja,;dy, , a Sclc ?,:-rf ,r=cirr;tlBrganrzed
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,('-'tnterconnectioh CustorYrer,") and ?A','"d-l: &t;(o'\
of
the
State
existing under the laws of
("EDC"). Interconnection Customer and EDC each may be referred to
as a "Party," or collectively as the "Parties."
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Recitals:
Whereas, Interconnection Customer is proposing to. install or direct the installation of a Small
Generator Facility, or is proposing a generating capacity addition to an existing Small Generator
Facility. consistent ivith the Interconnection Request completed b1' Interconnection Customer on
;M?t, eoil ,*d
Wher.eas, the Interconnection Customer rvill operate and maintain, or cause the operation and
maintenance of the Small Generator Facilif: and
Whereas, Interconnection Customer desires to interconnect the Small Generator Facility ivith
EDC's Electric Distribution System.
Now, therefore, in consideration of dre premises and rnutual covenants set foth hetein, and odler
good irrrcl valuable consideration, the receipt, sr-rfficiency irrrd adequacy of rvhich are hereby
acknor.vleclged, the Parttes covenant and zlgree as follou's:
Article
l.
Scope and
Limitations of Agreement
1.1
This Agreement shall be used for all approved Level 2, Level 3 and Level 4
Interconnection Requests according to the procedures set forth in the Maryland Standard
Small Generator Interconnection Rule. (COMAR reference)
1.2
This Agreement govems the terms and conditions under rvhich the Small Generator
Facility will interconnect to, and operate in Parallel with. the EDC's Electric Distnbution
System.
1.3
This Agreement does not constitute an agreement to purchase or deliver the
Interconnection Customer's power.
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Nothing in this Agreement is intended to affect any other agreement between the EDC and
the Interconnection Customer. However, in the event that the provisions of this Agreement
are in conflict rvith the provisions of the EDC's tarifi the EDC tariff shall control.
Responsibilities of the Parties
1.5.1 The parties shall perform all obligations of this Agreement in accordance rvith all
Applicable Laws and Regulations.
;-5.Z ftre gpC shall construct. orm, operale, and maintain its Interconnection Facilities in
accordance lvith this Agreement. IEEE Standard 1547 , the National Electrical Safety
Code and applicable standards promulgated b1'the Maryland Public Serv'ice
Commission.
1 5.3 The Interconnection Customer shall construct, or'r.n, operate, and maintain its Small
Generator Facility in accordance with this Agreement. IEEE Standard 1547,lhe
National Electrical Salety Code, the National Electncal Code and applicable standards
promulgated by the Maryland Public Service Commission
I.5.4 Each Parfy shall operate, maintain, repair, and inspect, and shall be fully responsible
for the facilities that it now or subsequently may orvn unless otherwise specified in the
attachments to this Agreement. Each Party shall be responsible for the safe installation,
maintenance. repair and condition of their respective lines and appurtenances on their
respeclive sides of the Point of Interconnecfion.
1.5.5 The Interconnection Customer agrees to design. install. maintain and operate its Small
Generalor Facility so as to minimize the likelihood of causing an Adverse System
Impact on an electric system that is not ot,med or operated by the EDC.
I6
Parallel Operation Obligations
Once the Small Generator Facility has been authorized to commence Parallel Operation, the
Interconnection Customer shall abide by all 'ivritten rules and procedures developed by the
EDC rvhich pertain to the Parallel Operation of the Small Generator Facility. r,vhich are
clearly specified in Attachment 4 of this Agreement.
t7
Metering
The Inteiconnection Cuslomer shall be responsible for the cost of the purchase, installation,
operation. maintenance, testing. repair, and replacement of metering and data acquisition
equipment specified in Attachments 5 and 6 of this Agreement.
Reactive Porver
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The Intercomection Customer shall design ils Small Generator Facilirv- to maintain a
composite po\\'er delivery al continuous rated power output at the Point of Interconnection
at a porver iactor l,ithin the porver factor range reqtured bv the EDC's applicable tariff for
a comparable load customer. EDC ma,v also require the Interconnection Customer to
follorv a voltage or VAR schedule if such schedules are applicable to similarly situated
generators in the control area on a comparable basis and have been approved by the
Commission. The specific requirements for meeting a voltage or VAR schedule shall be
clearll' specified in Attachment 4. Under no circumstance shall these additional
requirements for reacti\/e power or voltage support erceed the normal operating
capabilities of the Small GeneratorFacility
Capitalized Terms
Capitalized terms used herein shall have the meanings specified in the Definitions in
Attachment 1 or the bod-v of this Agreement.
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Inspection, Testing, Authorization, and Right of Access
Article 2.
2.I
Equipment Testing and Inspection
shall test and inspect its Small Generator Facility including
the Interconnection Equipment pnor to interconnection in accordance with IEEE Standard
1547 and IEEE Stand ardI547 .1. The Interconnection Customer shall not operate its Small
Generator Faciliq, in Parallel \\{th EDC's Electric Distribution System without prior
rvritten authorization by the EDC as provided fot in2.l.I -2.I.4.
Thi Interconnection Customer
2.I
I
The EDC shall have the option of performing a Witness Test after construction of
the small generator facility is completed. The Interconnection Customer shall
provide the EDC at least 20 days notice of the planned Commissioning Test for the
small generator facility. If the EDC elects to perform a Witness Test, i1 shall
contacl the Interconnection Customer to schedule the Witness Test at a mutually
agreeable time rvithin 5 business days of the scheduled commissioning test. If the
EDC does not perform the Witness Test rvithin 5 business days of the
commissioning test, the Witness Test is deemed rvaived unless the pades mutually
agree to extend the date for scheduling the Witness Test. If the Witness Test is not
acceptable to the EDC, the Interconnection Customer will be granted a period of
30 calendar days to address and resolve any deficiencies. The time period for
addressing alrd resolving any deficiencies may be extended upon the mutual
agreement of the EDC and the Interconneclion Customer. Il the Interconnection
Customer fails to address and resolve the deficiencies 1o the satisfaction of the
EDC. the applicable cure provisions of 6.5 shall apply. lf a Witness Test is no1
performed by the EDC or an entity approved by the EDC. the Interconnection
Customer must still satisff the interconnection test specifications and requirements
set forth in IEEE Standard 1547 Section 5. The Interconnection Customer shall, if
requested by the EDC, provide a copy of all documentation in its possession
regarding testing conducted pursuant to IEEE Standard 1547.I.
2.I.2 To the extent that the Interconnection
Customer decides to conduct interim testing
of the Small Generator Facilitv prior to the Witness Test, it may request that the
EDC observe these tests and that these tests be deleted from the final Witness Test.
The EDC may, at its oun expense. send qualified personnel to the Small Generator
Facility to observe such interim testing. Nothing in this Section 2.1.2 shall require
the EDC to observe such interim testing or preclude the EDC from performing
these tests at the final Witness Test. Regardless of whether the EDC observes the
interim testing, the Interconnection Customer shall obtain permission in advance of
each occurrence of operating the Small Generator Facility in parallel with the
EDC's system.
2.1.3
Upon successful completion of the Witness Test, the EDC shall affix an authorized
signature to the Certificate of Completion and retum it to the Interconnection
Customer approving the interconnection and authorizing Parallel Operahon. Such
authorization shall not be unreasonably u'ithheld, conditioned, or delayed.
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Commercial Operation
The interconnection customer shall not operate the Small Generator Facility, except for
interim testing as provided in2.I, until such time as the Certificate of Completion is
signed by all Parlies.
2.3
Right of Access
The EDC shall have access to the disconnect switch and melering equipment of the Small
Generator Facility at all times. The EDC shall provide reasonable notice to the customer
when possible prior to using its right of access.
Effective Date, Term, Termination, and Disconnection
Effective Date
This Agreement shall become effective upon execution by the Parties.
3.2
Term of Agreement
This Agreement shall become effective on the Effective Date and shall remain in effect in
perpetuity unless terminated earlier in accordance with Article 3.3 of this Agreement.
3.3
Termination
No termination shall become effective until the Parties have complied with all Applicable
Larvs and Regulations applicable to such termrnatton'
3.3.1
The Interconnection Customer may terminate this Agreement at any time by giving
the EDC 30 calendar days prior written noflce.
3.3.2
Either Party mal,terminate this Agreement after default pursuant to Article 6.5.
3.3.3
The EDC may terminate upon 60 calendar days' prior u'ritten notice for failure of
the Interconnection Customer to complete construction of the Small Generator
Facility r.vithin 12 months of the in-service date as specified by the Parties in
Attachment 2, lr,hich may be ertended by mutual agreement of the Parties rvhich
shall not be turreasonabll' rvithheld.
3.3.4
The EDC may termrnate this Agreemenl upon 60 calendar da1,s' Otto, r'vritten
notice if the Interconnection Customer fails to operate the Small Generator FaciliW
in parallel rvith EDC's electric system for three consecutiYe years.
3.3.5
Upon termination of this Agreement, the Small Generator Facility rvill be
disconnected from the EDC's Electric Distribution System. The termination of this
Agreement shall not relieve either Par[' of its liabilities and obligations. owed or
continuing at the time of the terminatlon.
3.3.6
The provisions of this Article shall survive terminatron or expiration of this
Agreement.
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3.4
Temporary Disconnection
A party may temporanly disconnect the Small Generator Facility from the Electnc
Distnbution Syst-em in the er,ent of an Emergency Condition for so long as the Partv
determines it is reasonably necessary in the event one or more of the follorving conditions
or events occurs:
3.4.1
Emergency Conditions-shall mean any condition or situation: (l) that in the
iudgment of the Par[r making the claim is reasonably likely to endanger life or
property, or (2) that, in the case of the FDC, is reasonably likely to cause an
Adverse System Impact; or (3) that, in the case of the Inlerconnection Customer, is
reasonably likely (as determined in a non-discriminatory manner) to cause a
material adverse effect on the securitv of. or damage to, the Small Generator
Facilitv or the Inlerconnection Equipment. Under Emergency Conditions, the EDC
or the Interconnection Customer may immediately suspend interconnection service
and temporarily disconnect the Small Generator Facility. The EDC shall noti& the
Interconnection Customer promptly lvhen it becomes aware of an Emergency
Condition that mav reasonably be expected to affect the Interconnection
Customer's operation of the Small Generator Facility. The Interconnection
Customer shall notif' the EDC promptly when it becomes aware of an Emergency
Condition that may reasonably be expected to affect the EDC's Electric
Distribution System. To the extent information is known, the notification shall
describe the Emergency Condition, the ertent of the damage or deficiency, the
erpected effect on the operation ofboth Parties' facilities and operations, its
anticipated duration, and the necessary corrective action'
3.4.2
Scheduled Maintenance, Construction, or Repair - the EDC may interrupt
interconnection service or curtail the output of the Small Generator Facility and
temporarily disconnect the Small Generator Facility from the EDC's Electric
Distlibution System when necessarlr for scheduled maintenance. construction, or
repairs on EDC's Electric Distribution System. The EDC shall provide the
Interconnection Customer with five business days notice prior to such interruption.
The EDC shall use reasonable efforts to coordinate such reduction or temporary
di sconnection rvith the Interconnection C ustomer.
3.4.3
Forced Outages - During any forced outage, the EDC may suspend interconnection
service to effect immediate repairs on the EDC's Electric Distribution System The
EDC shall use reasonable efforts to provide the Interconnection Customer with
prior notice. If prior notice is not given, the EDC shall. upon written request.
provide the Interconnection Customer written documentation after the fact
explaining the circumstances of the disconnection.
the EDC shall provide the lnterconnection Customer
with a.ivritten notice of its intention 1o disconnect the Small Generator Facility if,
based on the operating procedures specified in Attachment 4, the EDC determines
that operation of the Small Generator Facility will likely cause disruption or
deterioration of service to other customers served from the same electric system, or
if operating the Small Generator Facility could cause damage to the EDC's Electric
3.4.4 Adlerse Operating Effects -
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Distnbution System. Supporting documentation used to reach the decision to
disconnect shall be provided to the Interconnection Customer upon written request.
The EDC may disconnect the Small Generator Facility if, afler receipt of the notice.
the Interconnection Customer fails to remedy the adverse operating effect rvithin a
reasonable time unless Emergency Conditions exist in u'hich case the provisions of
3.4.1 apply.
Generator Facility - The Interconnection Customer must
receive rvritten authorization from the EDC pnor to making any change to the
Small Generator Facility, other than a Minor Equipment Modification, that could
cause an Adl erse S-ystem hnpact. If the Interconnection Customer makes such
modification rvithout the EDC's prior rvritten authorization. the EDC shall have the
right to temporarily disconnect the Small Generator Facility until such time as the
EDC reasonably concludes the modification poses no threat to the safety or
reliabilif of its Electric Distnbution System.
3.4.5 Modification of the Small
3.4.6
Reconnection - The Parties shall cooperate w'ith each other to restore the Small
Generator Facility, Interconnection Facilities, and EDC's Electric Distribution
System 1o their normal operating state as soon as reasonably practicable follol'ing
any disconnection pursuant to this section: provided, however. if such
disconnection is done pursuant to Section 3.4.5 due to the Interconnection
Customer's failure to obtain prior r,vritten authorization from the EDC for Minor
Equipment Modifrcations, the EDC shall reconnect the Interconnection Customer
onl1, s11.r determining the modifications do nol impacl the safetv or reliabiliw of its
Electric Distribution SYstem.
Cost Responsibility for Interconnection Facilities and Distribution Upgrades
Interconnection Facilities
4.2
4.l.l
The Interconnection Customer shall pay for the cosl of the Inlerconnection
Facilities itemized in Attachment 3 of this Agreement if required under the
additional review procedures of Level a 2 revierv or under a Level 4 revierv. If a
Facilities Study lvas performed. the EDC shall identifu the Interconnection
Facilities necessary to safely interconnect the Small Generator Facili6' r.vith the
EDC's Electric Distribution S1-stem. the cost of those facilities, and the time
required to build and install those facilities'
4.1.2
The Interconnection Customer shall be responsible lor its expenses, including
overheads. associated rvith (1) or,vning, operating, maintaining. repairing, and
replacing its Interconnection Equipment, and (2) its reasonable share of operating.
maintaining, repairing, and replacing any Interconnection Facilities owned by the
EDC as set forth in Attachment 3 and Attachrnent 4'
Distribution Upgrades
The EDC shall design, procure, construct, rnstall, and orvn any Distribution Upgrades. The
actual cost of the Distribution Upgrades. including or,erheads. shall be directly assigned to
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the Inlerconnection Customer. The Interconnection Customer may be entitled to financial
contribution from any other EDC customers who may in the future utilize the upgrades
paid for by the Interconnection Customer. Such contributions shall be govemed by the
rules. regulations and decisions of the Maryland Public Service Commission.
Billing, Paymento Milestones, and Financial Security
Billing and Payment Procedurcs and Final Accounting (Applies to additional reviews
conducted under a Level2 review and Level 4 reviews)
5.1.
i
The EDC shall bill the Interconnection Customer for the design, engineering,
construction. and procurement costs of EDC provided Interconnection Facilities
and Distribution Upgrades contemplated by this Agreement as set forth in
Appendix 3, on a monthly basis, or as otherwise agreed by the Parties. The
Interconnection Customer shall pay each bill within 30 calendar days of receipt, or
as otherwise agreed to by the Parties.
days of completing the construction and installation of
Facilities
and Distribution Upgrades described in the
Interconnection
EDC's
the
Agreement,
the EDC shall provide the Interconnection
Attachments 2 and 3 to this
Customer rvith a final accounting reporl of any dilference between (1) the actual
cost incurred to complete the construclion and inslallation and the budget estimate
provided to the Interconnection Customer and a rvritten explanalion for any
significant variation. and (2) the Interconnection Customer's previous deposit and
aggregate payments to the EDC for such Interconnection Facilities and Distribution
Upgrades. If the Interconnection Customer's cost responsibiliry exceeds its
previous deposit and aggregate payments, the EDC shall invoice the
Interconnection Customer for the amount due and the Interconnection Customer
shall make payment to the EDC rvithin thirty (30) calendar days. If the
Interconnection Customer's previous deposit and aggregate payments exceed its
cost responsibilrty under this Agreement, the EDC shall reftind to the
Interconnection Customer an amount equal to the difference rvithin thirty (30)
calendar days of the final accounting reporl.
5.1.2 Within ninety (90) calendar
5 .1
5.2
.3
faith disputes any portion of its payment obligation pursuant to
this Article 5, such Party shall pay in a timell' manner all non-disputed portions of
its invoice, and such disputed amount shall be resolved pursuant to the dispute
resolution provisions contained in Article 8. Provided such Party's dispute is in
good faith, the disputing Party shall not be considered to be in default of its
obligations pursuant to this Article.
If
a Party in good
Interconnection Customer Deposit
At least twenty (20) business days prior to the commencement of the design, procurement,
installation, or construction of a discrete portion of the EDC's Interconnection Facilities
and Distribution Upgrades. the Interconnection Customer shall provide the EDC rvith a
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deposit equal to 50% of the estimated costs prior to its beginning design of such facilities,
provided the total cost is in ercess of $l ,000.
Assignment, Limitation on Damages, Indemnity, Force Majeure, and Default
Assignment
This Agreemenl may be assigned by either Party upon fifteen (15) Business Days prior
rvritten notice, and lvith the opportunity to object by the other Party. Should the
Interconnection Customer assign this agreement, the EDC has the right to request the
assignee agree to the assignment and the terms of this Agreement in writing. When
required, consent to assignment shall not be unreasonably lvilhheld: provided that:
6.1.
I
Either Parry- may assign this Agreement rvithout the consent of the other PartS' 1e
any affiliate (rvhich shall include a merger of the Part), with another entity). of the
assigning Party rvith an equal or greater credit rating and with the legal authoritv
and operational abili6' to satis$' the obligations of the assigning Party under this
Agreement:
6.I,2 The Interconnection
Customer shall have the right to assign this Agreement,
rvithout the consent of the EDC. for collateral security purposes to aid in providing
financing for the Small Generator Facilit-v. For Small Generator systems that are
integrated into a building facility. the sale of the building or property t'ill result in
an automatic transfer of this agreement to the new owner w'ho shall be responsible
for complying rvith the terms and conditions of this Agreement.
6.
6.2
i.3
Any attempted assignment that violates this Article is void and ineffective.
Assignment shall not relieve aParty of its obligations, nor shall a Party's
obligations be enlarged. in i,vhole or in part, by reason thereof. An assignee is
responsible for meeting the same obligations as the Interconnection Customer.
Limitation on Damages
Ercept for cases of gross negligence or r.villful misconduct. the liability of any Party to this
Agreement shall be limited to direct actual damages. and all other damages at lar.v are
waived. Under no circumstances. except for cases of gross negligence or rvillful
mrsconduct. shall any Party or its directors, officers. employees and agents, or an)' of them,
be liable to another Party, rvhether in tort, contract or other basis in la'w or equiry for anl'
special. indirect, punitive. eremplary or consequential damages. including lost profits, lost
re\Ienues, replacement porver. cost of capital or replacement equipment. This limitation on
damages shall not affect any Party's rights to obtain equitable relief, including specific
performance, as otherwise provided in this Agreement. The provisions of this Section 6.2
shall surv'ive the termination or expiration of the Agreement.
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6.3
Indemnity
6.3.1 This provision protects each Party from liability incurred
to third parties as a result
of cal1,ing out the provisions of this Agreement. Liability under this provision is
exempt from the general limitations on liability found in Article 6.2.
6.3.2
The Parties shall at all times indemnifl', defend. and hold the other Party harrnless
from. any and all damages, losses, claims, including claims and actions relating to
injury to or death of any person or damage to property, demand, suits, recoveries,
costs and expenses, court costs. attomel' fees. and all other obligations by or 1o
third parties, arising out ol or resulting lrom the other Partv's action or failure to
meet its obligations under this Agreement on behalf of the indemnif,ying Part-v,
except in cases of gross negligence or intentional wrongdoing by the indemnified
Party.
after receipt by an indemnihed Party of an1' claim or notice of the
commencement of any action or administrative or legal proceeding or investigation
as to i.lhich the indemnity provided for in this Article may apply, the indemnified
Party shall notify the indemnifl.ing Party of such fact. Any failure of or delay in
such notification shall not affect a Part-v's indemnification obligation unless such
failure or delay is materially prejudicial to the indemnif ing Parfy.
6.3.3 Promptly
Party is entitled to indemnificalion under this Article as a result
of a claim by a third party. and the indemnifi,ing Party fails, afler notice and
reasonable opportunity' to proceed under this Article, to assume the defense of such
claim, such indemnified Party may at the expense of the indemnifying Party
contest, settle or consent to the entry of any iudgment rvith respect to, or pay in full.
such claim.
6.3.4 If an indemnified
and hold any indemnified Party
harmless under this Article, the amount owing to the indemnified person shall be
6.3.5 If an indemnif ing Part_y- is obligated to indemnifu
the amount of such indemnified
Pa6"5 actual loss, net of any insurance or other
recovery.
6.4
Force Majeure
6.4.I As used in this Article, a Force Majeure Event shall mean any act of God. labor
disturbance. act of the public enemv. war, acts of terrorism, insurrection. riot, fire.
storm or flood, erplosion. brealiage or accident to machinery or equipment through
no direct, indirect. or contribulory act of a Party, any order, regulation or restriction
imposed b1' govemmental. military or lau,full,v established civilian authorities, or
an1' other cause beyond a Party's control. A Force Majeure Event does not include
an act of gross negligence or intentional r,vrongdoing.
Event prevents a Partv from fulfilling any obligations under this
Party
affected by the Force Majeure Event (Affected Party) shall
Agreement, the
promptly notify the other Party of the existence of the Force Majeure Event. The
notification must specif in reasonable detail the circumstances of the Force
6.4.2 If a Force Majeure
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Majegre Event, its expected duralion, and the steps that the Affected Party is taking
and will take to mitigate the effects of the event on its performance. and if the
initial notification was verbal. it should be promptlv followed up rvith a r,r'ritten
notification. The Affected Par[, shall keep the other Party informed on a continuing
basis of developments relating to the Force Maieure Event until the evenl ends. The
Affected Partl' shall be entitled to suspend or modifl, its performance of obligations
under this Agreement (other than the obligation to matrie payments) only to the
ertent that the effect of the Force Majeure Event cannot be reasonably mitigated.
The Affected Pafi shall use reasonable efforts to resume its performance as soon
as possible.
6.5
Default
shall exist u,here such lailure to discharge an obligation (other than the
payment of money) is the result of a Force Majeure Event as defined in this
Agreement, or the result of an act or omission of the other Parf .
6.5.1 No default
of this Agreement. the non-defaulting Party shall gir,e written notice
of such default to the defaulting Pafi. Except as provided in Article 6.5.3 the
defaulting Pag' shall have 60 calendar days from receipt of the default notice
within which to cure such default; provided hor'vever, if such default is not capable
of cure rvithin 60 calendar days. the defaulting Pan-y* shall cofirmence such cure
rvithin 20 calendar da1's afler notice and continuously and diligently complete such
cure n'ithin six months from receipt of the default notice; and. if cured rvithin such
time. the default specified in such notice shall cease 1o exist.
6.5.2 Upon a default
6.5.3 If a Pafu- has made an assignment of this Agreement not specifically authorized by
Article 6. l. fails to provide reasonable access pursuant to Article 2.3 - rs in delault
of its obligations pursuant to Article 7, or if a Party is in default of its payment
obligations pursuant to Article 5 of this Agreement, the defaulting Parry shall have
30 days from receipt of the default nolice u,ithin ivhich to cure such default.
6.5.4 If a default is not cured as provided for in this Article, or if a default is not capable
of being cured lvithin the period proi,ided for herein, the non-defaulting Party shall
have the right to terminate ftis Agreemenl by rvritten notice at any time until cure
occurs, and be relieved of any further obligation hereunder and, r,helher or not that
Parq, l.rrnrnates this Agreement. to recover from the defaulting Party all amounts
due hereunder- plus all other damages and remedies to rvhich it is entitled at larv or
in equity. The provisions of this Article will survive termination of this Agreement.
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Article
7.
Insurance
For Small Generator Facilities rvith a Nameplate Capacity of I MW or above, the
Interconnection Customer shall carry adequate insurance coverage that shall be acceptable
to the EDC: provided, that the maximum comprehensive/general liabilily coverage that
shall be continuously maintained b-v the Interconnection Customer during the term shall be
not less than $2,000,000 for each occurrence, and an aggregate, ifanl', ofat least
$4,000,000. The EDC. its officers. employees and agents rvill be added as an additional
insured on this PolicY.
Article 8. Dispute Resolution
8l
A party shall attempt to resolr,e all disputes regarding interconnection as provided in this section
promptly, equitably, and in a good faith manner'
a dispute arises, a party may seek immediate resolution through complaint procedures
available through the Maryland Public Service Commission. or an altemative dispute resolution
82 When
process approved by the Maryland Public Service Commrssion. b1' providing r.vritten notice to the
ilIaryland iublic Service Commission and the other party stating the issues in dispute. Dispute
resolution r,vill be conducted in an informal, expedilious manner to reach resolution with minimal
costs and delay. When available, dispute resolution may be conducted by phone.
83 When disputes relate to the technical application of this section, the Maryland Public Service
Commission ma), designate a technical master to resolve the dispute. The Maryland Public
Service Commission may designate a Department of Energy National Laborator)', PJM
Interconnection L.L.C.. or a college or university lvith distribution s1'stem engineering espertise
as the technical master. When the Federal Energy Regulatory Commission identifies a National
technical dispute resolution tearrr the Maryland Public Service Commission may designate the
team as its technical master. Upon designation by the Maryland Public Service Commission, the
parties shall use the technical master to resolve disputes related to interconnection. Costs for a
dispute resolution conducted by the technicai master shall be established by the technical master.
subject to revie'iv by the Mary'1*4 Public Service Commission'
an Interconnection Cuslomer wilh regard to
or an Interconnection Customer's queue position.
Request
Interconnection
an
considerationof
8.4 pursuit of dispute resolution may not affect
8.5 If the Parties fail to resolve their dispute under the dispute resolution provisions of this Article.
nothing in this Article shall affect any Partl"s rights to obtain equitable relief, including specific
performance, as otherrvise provided in this Agreement
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Miscellaneous
Govelning Law, Regulatory Authority' and Rules
The validiiy. interpreiation and enforcement of this Agreement and each of its provisions
shall be gol'emed-b1' the laws of the State of Maryland, 'without regard to its conflicts of
1a1y principles. This Agreement is subject to all Applicable Lau's and Regulations.
9.2
Amendment
Modification of this Agreement shall be only by a written instrument dul-v executed
b1'
both Parties.
9.3
No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights. remedies. or benefits of any
character r.vhatsoever in favor of any persons, corporations- associations. or entities other
ftan the parties, and the obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and rv-here permitted, their assigns.
9.4
Waiver'
g.4.I The failure of a Party to this Agreement to insist. on any occasion.
upon strict
a waiver of
not
be
considered
shall
Agreement
performance of any provision of this
PatA'.
any obligation, right, or duty of, or imposed upon. such
g.4.2 Any waiver at any time by either Party of its rights rvith respect to this Agreement
shall not be deemed a continuing wair,er or a u,aiver rvith respect to any other
failure to comply rvith any other obligation, right. duty of this Agreement.
Termination or default of this Agreement for any reason b),Interconnection
Customer shall not constitute a waiver of the Interconnection Customer's legal
rights to obtain an interconnection from EDC. Any u'aiver of this Agreement shall,
if requested. be provided in rvriting.
9.5
Entire Agreement
This Agreement. including all attachmenls. constitutes the entire Agreement betrveen the
Parties rvith reference to the subject matter hereof, and supersedes all prior and
contemporaneous understandings or agreements- oral or tt'ritten, betlveen the Parties u'ith
respect to the subject matler of this Agreement. There are no other agreements,
repiesentations. warranties, or covenants that constitute an--v part of the consideration for,
oi-1, condition to. either Party's compliance lr,ith its obligations under this Agreement.
Maryland Level2 to 4 Interconnection Agreement contracl Language
1-4-l
1
12 of 25
9.6
Multiple Counterparts
This Agreement may be executed in tr,vo or more counterparts, each of u,hich is deemed an
original but all constitute one and the same instrumenl.
9.7
No PartnershiP
This Agreement shall not be interpreted or construed to create an association, joint venture,
agency relationship. or partnership betrveen the Parties or to impose any parhrership
obligation or partnership liability upon either Party.Neither Party shall have any right,
pot*. or authority to snter into any agreement or undertaking for, or act on behalf of, or to
ict as or be an agent or representative of, or to otherr.vise bind. the other Partl'.
9.8
Severability
any provision or portion of this Agreement shall for uly reason be held or adjudged to be
invalid or illegal or unenforceable by an1' court of competent jurisdiction or other
govemmental authority. (1) such portion or provision shall be deemed separate and
independent, (2) Ihe Pa(ies shall negotiate in good faith to restore insofar as practicable
the benefits to each Pafty that rvere affected by such ruling, and (3) the remainder of this
Agreement shall remain in full force and effect.
If
9.9
EnvironmentalReleases
Each party shall notif'the other Part]., first orally and then in writing. of the release any
hazardous substances, any asbestos or lead abatement achvities, or any type of remediatron
activities related to the Small Generator Facility or the Interconnection Facilities, each of
rvhich may reasonably be expected to affect the other Pa$'. The notif ing Party shall (l)
provide the notice as soon as practicable. provided such Partv makes a good faith effort to
provide the notice no later than24 hours after such Par$ becomes aware of the occulrence.
and (2) promptly furnish to the other Parh' copies of an,v publiclv available reports filed
rvith any govemmental authorities addressing such events.
9.10
Subcontractors
Nothing in this Agreement shall prevent a Partl' from utilizing the services of an1'
subcontractor as it deems appropriate to perlorm its obligations under this Agreement:
provided, holvever, that each Par[, shall require its subcontractors to comply rvith all
applicable terms and conditions of this Agreement in providing such sen,ices and each
PJrlv shall remain primarily liable to the other Par!' for the performance of such
subcontractor.
9.10.1 The creation of any subcontract relationship shall not relieve the hiring Party of any
of its obligations under this Agreement. The hiring Party shall be fully responsible
to the other Party for the acts or omrssions of any subcontractor the hiring Party
hires as if no subcontract had been made. Any applicable obligation imposed by
Mawland Level2 to 4 Interconnection Agreement Contract Language
l-4-l
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9.10.? Thc obliguions rrnder this Atticle will nrrt
be
limitul in arry *ty
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Unless orhenvise pror.ided in tbis AgreemEot any r.riflen rofice, derrrando or requesr rcquired or
aurhorizpd in coqnechqr nith this Agrcement {. '}i'olice') shuli be deerned propedy giren if &lirued in
person, dclh'cral b1' recogrir,ed ndioral courier gen'ise: oJs€ttt bl' fust elass mail. postage prepaid, to
thc penon speciticil helotr'-
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Billirrgu nnd paynrerrts shall lte senl to lhc addresset $et ou belorv;
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fOJ
Derignatad OpcratlngRcpreseffative
Tbe Partics rrr4v also desiguate opcradng rcprerentntjves fo conduct the costmunicatons n'hictr msy be
flEcessfln, or convenieN for the edministrationolthis Agreemant. This person rvill atso sene asfie point
of comaorr.ilhrsspecl to operadons and mainlenaqceof &e Parq''s fitolities
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Changes to the Noticc Inforrnatlun
Either Part-v rnay change this notice infontration
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cffectir
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Attachment
1
Definitions
Adverse System lmpact - A negative effect, due to technical or operational limits on
conductors or equipment being exceeded, that compromises the safety or reliability of the
Electric Distribution System.
Applicable Laws and Regulations - All duly promulgated applicable federal, State and local
laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or
administrative orders, permits and other duly authorized actions of any Govemmental Authority.
Commissioning Test - Tests applied to a small generator facility by the applicant after
construction is completed to verify that the facility does not create adverse system impacts. At a
minimum, the scope of the commissioning tests performed shall include the commissioning test
specified IEEE standard 1547 section 5.4 "Commissioning tests".
Distribution Upgrades -A required addition or modification to the EDC's Electric Distribution
System at or beyond the Point of lnterconnection to accommodate the interconnection of a
Small Generator Facility. Distribution upgrades do not include lnterconnection Facilities.
Electric Distribution Company or EDG - Any electric utility entity subject to the jurisdiction of
the Maryland Public Service Commission.
Electric Distribution System -The facilities and equipment used to transmit electricity to
ultimate usage points such as homes and industries from interchanges with higher voltage
transmission networks that transport bulk power over longer distances. The voltage levels at
which Electric Distribution Systems operate ditfer among areas but generally cany less than 69
kilovolts of electricity. Electric Distribution System has the same meaning as the term Area
EPS, as defined in 3.1.6.1 of IEEE Standard 1547.
Facilities Study - An engineering study conducted by the EDC to determine the required
modifications to the EDC's Electric Distribution System, including the cost and the time required
to build and install such modifications, as necessary to accommodate an lnterconnection
Request.
Governmental Authority- Any federal, State, local or other governmental regulatory or
administrative agency, court, commission, department, board, or other governmental
subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
jurisdiction over the Parties, their respective facilities, or the respective services they provide,
and exercising or entitled to exercise any administrative, executive, police, or taxing authority or
power; provided, however, that such term does not include the lnterconnection Customer, EDC
or any affiliate thereof.
Maryland Level 2 to 4 Interconnection Agreement Contract
Language
1-4-11
l7 of25
IEEE Standard 1S47 - The lnstitute of Electrical and Electronics Engineers, lnc. (IEEE)
standard 1547 (2003) "Standard for lnterconnecting Distributed Resources with Electric Power
Systems',, as amended and supplemented, at the time the lnterconnection Request is
submitted.
for
IEEE Standard 1 547.1- The IEEE Standard 1547.1(2005) "conformance Test Procedures
amended
as
Systems",
Power
Equipment lnterconnecting Distributed Resources with Electric
and supplemented, at the time the lnterconnection Request is submitted'
lnterconnection Agreement or Agreement - This agreement between the lnterconnection
the
Customer and the EbC, which governs the connection of the Small Generator Facility to
EDC,s Electric Distribution Syst-em, as well as the ongoing operation of the Small Generator
Facility after it is connected to the EDC's Electric Distdbution System'
lnterconnection Customer - The entity proposing to interconnect a Small Generator Facility
to the EDC's Electric Distribution System.
A group of components or integrated system connecting an
electric generator *itn a local eleciric power system or an Electric Distribution System that
includes all interface equipment including switchgear, protective devices, inverters or other
interface devices. lnterconnection Equipment may be installed as part of an integrated
equipment package that includes a generator or other electric source.
lnterconnection Equipment
-
lnterconnection Facilities - Facilities and equipment required by the EDC to accommodate
the interconnection of a Small Generator Facility. Collectively, lnterconnection Facilities include
all facilities, and equipment between the Small Generator Facility and the Point of
physically
lnterconnection, including modification, additions, or upgrades that are necessary to
and electrically interconnLct the Small Generator Facility to the Electric Distribution System.
lnterconnection Facilities are sole use facilities and do not include Distribution Upgrades.
lnterconnection Request- An lnterconnection Customer's request, in a form approved by the
new small Generator
requesting
Maryland
ing
Small Generator
operating
Facility, orto
EDC's Electri
Facility that
Pub
i
is
th
cha
Maryland standard small Generator lnterconnection Rules - The most cunent version of
the firocedures for interconnecting Small Generator Facilities adopted by the Maryland Public
Service Commission (PROVIDE COMAR REFERENCE)
parallel Operation or parallel - The state of operation which occurs when a Small Generator
Facility is connected electrically to the Electric Distribution System and the potential exists for
etectritity to 1ow from the Small Generator Facility to the Electric Distribution System.
Maryland Leyel 2 to 4 Interconnection Agreement Contract
Language
I -4-11
l8 of25
point of lnterconnection - The point where the Small Generator Facility is electrically
connected to the Electric Distribution System. Point of lnterconnection has the same meaning
as the term point of common coupling defined in 3.1 .1 3 of IEEE Standard 1547
Small Generator Facility - The equipment used by an interconnection customer to generate, or
store electricity that operltes in parallel with the Electric Distribution System. A Small Generator
Facility typicaliy includes an electric generator, prime mover, and the lnterconnection Equipment
required-to satety interconnect with the Electric Distribution System or a local electric power
system.
-
For lab certified orfield approved equipment, verification (either by an on-site
observation or review of documents) by the EDC that the interconnection installation evaluation
required by IEEE Standard 1547 Section 5.3 and the commissioning test required by IEEE
Standard iS+Z Section 5.4 have been adequately performed. For interconnection equipment
that has not been lab certified or field approved, the witness test shall also include the
verification by the EDC of the on-site design tests as required by IEEE Standard 1547 Section
5.1 and verification by the EDC of production tests required by IEEE Standard 1547 Section 5.2
All tests verified by the EDC are to be performed in accordance with the test procedures
specified by IEEE Standard 1547.1.
Witness
Test-
Maryland Ler,el 2 to 4 Interconnection Agreement Contract
Language
I-4-11
19 of 25
Attachment 2
Construction Schedule, Proposed Equipment & Settings
This attachment shall include the following:
1.
2.
The construction schedule for the Small Generator Facility
A one-line diagram indicating the Small Generator Facility. Interconnection Equipment,
Interconnection Facilities. Metering Equipment. and Distributi on Upgrades
Component specifications for equipment identified in the oneline diagram
3.
4. ComPonent settmgs
5. Proposed sequence ofoperations
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Attachment 3
Description, Costs and Time Required to Build and Install EDC's
Interconnection Facilities
EDC's Interconnection Facilities including any required metering shall be itemized and a best estimate of
itemized costs, including overheads, shall be provided based on the Facilities Study
AIso, a best estimate for the time required to build and install EDC's Interconnection Facilities will be
provided based on the Facilities Study.
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2l of 25
Attachment 4
Operating Requirements for Small Generator Facilities Operating in Parallel
Applicable sections of EDC's operating manuals applying to the small generator interconnection shall be
usiea ana lntemet links shall bJprovided Any special operating requirements not contained in EDC's
existing operating manuals shall be clearly identified.
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Attachment 5
Monitoring and Control Requirements
EDC monitoring and control requirements shall be clearly specihed and a reference shall be provided to
ivith an
the EDC's rvritten requirements documents from rvhich these documents are derived along
intemet link to the requirements documents
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Maryland Level2to4InterconnectionAgreementContractLanguage
l-4-11
23of
25
Attachment 6
Metering Requirements
Melering requirements lor the Small Generalor Facility shall be clearly indicated along rvith an
identification of the appropriate tariffs that establish these requtrements and an intemet link to these
tariffs.
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Maryland LevelZto 4 Interconnection Agreement Contract
Language 1-4-11
24 of 25
Attachment 7
As Built Documents
After completion of the Small Generator Facility, the Interconnection Customer shall provide the EDC
with documentation indicating the as built status of the following when it retums the Certificate of
Completion to the EDC:
1
A one-line diagram indicating the Small Generator Facilif, Interconnection Equipment,
Z.
3.
4.
Component specifications for equipment identified in the oneline diagram
Interconnecti on Faciliti es, Metering Equipment, and Distributi on Up grades
ComPonent settings
Proposed sequence ofoperations
Maryland Level
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Nominal lnput Current
138A
Max usable lnput Current
234A'
33.1 A
35
1A
56.1 A
46.7 A
No 14-6AWG
Adrnissible conductor size (DC)
Number cf DC lnput Terminals
20 A; Bus bar available for higher input currents
Max Current per DC lnputTerminal
OUTPUT
DATA
Fronius lG Plus
3.0-1
5000
w
6000
7500w
w
| 12.0-3
10.0-1
7.5-1
3.8-1
uil, I
3000 w
Nominai output power (P^c
i
ggssw
11400 W
l,4ax continuous output power
11400 W
12000 w
rr+oo w
12000 w
/
277 V
I
3800 w
3000 w
104'F {40"C1 2O8V / 2+0V I 277 V
5000
w
I
9995 W
20EV
208V/240V/277V
Nominal AC output voLtage
183 - 229 V (-12 / +1O %)
V
Operating AC voltage range
2OB
(defau it)
240 V
211 - 264 V (-12
/
+1A %\
277 V
2+4 - 3O5 V (-12
/
+1O %\
Max continuous
2OB V
1444
2404
288A
output current
240 V
1254
108A
20 8A
25.0 A
18.1 A
21.7 A
277V
24AV
i
'
36
1A
48.1 A
54.8 A
31
34
41.7 A
47.5 A
36 1A
41
2A
No 14-4Arrlc
Admissible conductor size (AC)
OA
Max. continuous ut;lrty back feed cuflenl
Nomlnal output frequency
60 Hz
Operaiin g f requency range
59.3 - 60.5 Hz
<3
Total harmonic dlstortion
Yo
Power factor
96 2
Max. Efficiency
\J
9s.5 %
950%
s55%
277 \l
955%
955%
950%
208 V
CEC Efficiancy
240
955%
i
o/r
9s.0%
9559i)
950%
i
955%
96O% |
96.0 %
n.a
95 0 %
955%
n.a.
n.a
i
96.0
%
Consumption in standby (night)
8W
Consumption during operation
15
22W
\,V
Controlled lorced ventilation. variable fan speed
Cooling
NEMA 3R
Enclosure Type
Unit Dimensions (W x H x
D)
tZ.t
]
lbs
s7 lbs (26 kg)
(14 kg)
Power Stack Weight
31
Wir ng Compartment Weighi
24 lbs. (11 kq)
Ad missible
171x36.ix96in
x 24,8 x S.e in.
26
I
82
lbs (37 ks)
26 lbs (12 kq)
(12 kg)
-4 . .122'F (-20 ... +50'C)
ambient operaiing temperature
Compliance
lbs
17.1 x 48,1 x 9.6 in.
ur tz+t-zoos,
tEEE 1547-2003, |EEE 15471, ANS|/IEEE C62.41, FCC Part 15 A& B, NEC Article 69o, A22.2
No 1071-01 (Sept
2001)
PBOTECTiON
DEVICES
Fronius
Ground fault protection
lc Plus
3.0-1
3.8-1
..-. I
1t.4-1
s.o-r
.... i
11.4-3
lnternai GFDI (Ground Fault Detector/lnterrupter); in accordance with UL 1741-2005 and NEC Art 690
lnternal diode
DC reverse polarlty protection
lnternal: in accordance wiih UL 1741-2005, IEEE 1547-2003 and NEC
lslanding protection
Output power derating / active cooling
Over temperature
"
Complies with Canadian standard C22 2 No 107.1-01 (Sept 2001)
'*
per Phase
Fronius USA LLC Solar Electronic Division
10421 Citation Drive, Suite 1100, Brighton. Michigan, 48116
E-Mail: pv-us@fronius com
www.f ronius-usa.com
N,