microFIT PROGRAM microFITContractAssignment Instructions for Version 2.x, 3.x, and 4.x microFIT Contracts DATED April 1, 2017 © Independent Electricity System Operator, 2017 The microFIT Contract Assignment Instructions for the micro Feed-In-Tariff Program (the “Program”) is provided only to assist you by giving you a general indication of the steps in the microFIT Contract assignment process. Please note that the microFIT Contract Assignment Instructions do not contain the full details of the Program, and is not binding on the IESO. Further, the IESO may change, modify, amend or update the Program at any time and without notice. While the IESO will endeavour to keep the microFIT Contract Assignment Instructions current, the IESO cannot guarantee its accuracy or completeness. Please refer to the microFIT Contract and microFIT Rules for the most up-to-date and binding terms and conditions. Effective January 1, 2015, the Ontario Power Authority amalgamated with the Independent Electricity System Operator pursuant to amendments to the Electricity Act, 1998, SO 1998, c 15, Sch A, enacted under Ontario’s Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014.The organization’s name following the amalgamation is the Independent Electricity System Operator.No amendments are necessary to the microFIT Contract due to the amalgamation, including due to the OPA’s name change. ii TABLE OF CONTENTS INTRODUCTION .......................................................................................................................................................1 PURPOSE: ...................................................................................................................................................................1 HOW TO USE THIS DOCUMENT: .................................................................................................................................1 DISCLAIMER: .............................................................................................................................................................1 PLEASE FOLLOW THE STEPS BELOW CAREFULLY: ......................................................................................................2 PRE-CONDITIONS ....................................................................................................................................................3 1.1 1.2 HOW TO SET-UP A GENERATOR ACCOUNT ......................................................................................................4 HOW TO ASSIGN A CONNECTION AGREEMENT.................................................................................................4 STEP 1 – ASSIGNOR COMPLETES FORM A OF THE ASSIGNMENT REQUEST .......................................5 STEP 2 – ASSIGNEE COMPLETES FORM B OF THE ASSIGNMENT REQUEST ........................................7 SECTION 1 - ASSIGNEE FORM B: ................................................................................................................................9 SECTION 1.1 - ASSIGNEE FORM B: ........................................................................................................................... 10 SECTION 2 - ASSIGNEE FORM B: .............................................................................................................................. 12 SECTION 3 - ASSIGNEE FORM B: .............................................................................................................................. 13 ASSIGNMENT SUMMARY PAGE - ASSIGNEE FORM B: .............................................................................................. 14 DECLARATION PAGE - ASSIGNEE FORM B: .............................................................................................................. 16 STEP 3 – IESO REVIEWS ASSIGNMENT REQUEST ....................................................................................... 17 STEP 4 – ASSIGNOR AND ASSIGNEE AGREE TO EXECUTE MICROFIT CONTRACT NOVATION AND ASSIGNMENT AGREEMENT ...................................................................................................................... 18 STEP 5 – IESO CONSENTS TO THE MICROFIT CONTRACT NOVATION AND ASSIGNMENT AGREEMENT ........................................................................................................................................................... 20 CONTRACT STATUS DEFINITIONS................................................................................................................... 24 iii INTRODUCTION Purpose: The purpose of this document is to provide step-by-step instructions on how to assign a version 2.X, 3.X, and 4.X microFIT Contract in the event the Contract holder is or will no longer be the property owner, such as upon sale of the property or death. The“Assignor” is defined as theContract holder(s) who assigns(i.e. transfers) the microFIT Contract to the “Assignee”. The “Assignee” is defined as the prospective Contract holder(s) who receives the microFIT Contract upon assignment (i.e. transfer) by the “Assignor”. How to Use this Document: This document is separated into eight sections: PRE-CONDITIONS STEP 1 – ASSIGNOR COMPLETES FORM A OF THE ASSIGNMENT REQUEST STEP 2 – ASSIGNEE COMPLETES FORM B OF THE ASSIGNMENT REQUEST STEP 3 – IESO REVIEWS ASSIGNMENT REQUEST STEP 4 – ASSIGNOR AND ASSIGNEE CLICK TO EXECUTE microFIT CONTRACT ASSIGNMNET AGREEMENT STEP 5 – IESO CONSENTS TO microFIT CONTRACT ASSIGNMENT AGREEMENT CONTRACT STATUS DEFINITIONS ADDITIONAL INFORMATION Disclaimer: This document shall be used for guidance purposes only and does not amend the microFIT Contract or Rules under any circumstances. In the event of a discrepancy between this guidance document and the microFIT Contract or Rules, the microFIT Contract or Rules, as applicable, will prevail. Nothing in this document shall be binding on the IESO. Pg. 1 Please follow the steps below carefully: PRE-CONDITIONS: This sectionprovidesinstructions on how to complete the preliminary steps before assigning a microFIT Contract. STEP 1 -ASSIGNOR COMPLETES FORM A OF THE ASSIGNMENT REQUEST: The Assignor will have to initiate the Contract assignment request. This section outlines how the Assignor completes Form A of the microFIT Contract assignment request. STEP 2 - ASSIGNEE COMPLETES FORM B OF THE ASSIGNMENT REQUEST: The Contract assignment request cannot be completed without the Assignee’s input. This section explains how the Assignee completes Form B of the microFIT Contract assignment request. STEP 3 - IESO REVIEWS ASSIGNMENT REQUEST: Once the IESO receives a completed assignment request, the IESO will review the request and determine whether the assignment request is acceptable, i.e. compliant. This section describes what can be expected during and after the review process. STEP 4 - ASSIGNOR AND ASSIGNEEAGREE TO EXECUTE microFIT CONTRACT NOVATION AND ASSIGNMENT AGREEMENT: The Assignor and Assignee will receive the microFIT Contract Novation and Assignment Agreement for execution as a result of a completed assignment request. This section explains how to execute the microFIT Contract Novation and Assignment Agreement. STEP 5-IESO CONSENTS TO microFIT CONTRACT NOVATION and ASSIGNMENT AGREEMENT: All assignments are subject to the IESO’s consent. The microFIT Contract Novation and Assignment Agreementwill be executed once the IESO consents to the assignment. This section details what would happen as a result of an assignment. Pg. 2 PRE-CONDITIONS Before a Supplier can assign a microFIT Contract, several steps must first be completed. The Assignee must register for a microFIT registrant ID. The Assignee must provide their registrant ID and legal name to the Assignor. The Assignee must set-up a generator account with their Local Distribution Company. The Assignor must assign their Connection Agreement to the Assignee. The Assignee must be an Eligible Participant, as defined in the Eligible Participant Schedule: Eligible Participant Schedule (version 2.X, 3.X and 4.X): http://www.ieso.ca/get-involved/microfit/program-documents How to Register for a microFIT registration ID The Assignee must register for a microFIT registrant ID by clicking the “Register” button on the right side of the microFIT website and following the registration instructions (see screenshot below). The Assignee will need to create a registration profile, which will include a unique username and password, and contact information for the Assignee. Please make note of the Assignee legal name inputted on the Registration page as this name will need to be provided to the Assignor exactly as entered on the Registration page to initiate the microFIT Contract assignment process. Pg. 3 For further details on the microFIT registration process, please review the information posted on the microFIT website: http://www.ieso.ca/-/media/files/ieso/document-library/microfit/version-4/microfitregistration-instructions-version-4-1.pdf?la=en 1.1 How to Set-Up a Generator Account The Assignee must contact their Local Distribution Company and request to setup a new generator account which is different than a consumption account. 1.2 How to Assign a Connection Agreement The Assignor must contact their Local Distribution Company and request that the Connection Agreement be assigned to the Assignee. Pg. 4 STEP 1 – ASSIGNOR COMPLETES FORM A OF THE ASSIGNMENT REQUEST To complete Form A of the assignment request, the Assignor must click on “Assign microFIT Contract” from the Assignor’s “My microFIT Home Page” to begin the assignment process (see screenshot below). After completing the above step, the Assignor will be taken to a new webpage (Form A) where they will be required to enter information regarding the microFIT Contract to be assigned, including the proposed date for the assignment to take effect (see “proposed effective date”), the registration ID of the Assignee, and the reason for the assignment (see screenshot on the following page). Please note that the proposed effective date is not necessarily the “effective date” of the microFIT Contract Novation and Assignment Agreement as the effective date of the assignment will be the later of: (i) the proposed effective date provided by the Assignor, and (ii) the day that the IESO consents to the assignment. The Assignor should make sure that all information entered in Form A is accurate and that the correct microFIT Contract is selected for assignment before clicking the “Submit Assignment Request” button. Once the microFIT Contract has been assigned, the Assignor will no longer have access to the microFIT Contract. The IESO recommends the Assignor retain a copy of the microFIT Contract (print or save a copy) before the assignment takes effect. Pg. 5 Pg. 6 STEP 2 – ASSIGNEE COMPLETES FORM B OF THE ASSIGNMENT REQUEST Once Form A of the assignment request is submitted by the Assignor,the Assignee will receive a messagein their “My microFIT Messages” Inbox (see screenshot below).The message will include a link to the microFIT Contract that is being assigned and will request that the Assignee complete Form B of the microFIT Contract assignment process. Pg. 7 Note: it is the responsibility of the Assignee to confirm that the correct microFIT Contract has been selected by the Assignor for assignment. To access Form B of the assignment request, click on the microFIT “Reference No.” under the “Contract Assignment” box on the Assignee’s “My microFIT Home Page”. The unlocked symbol indicates that Form B is unlocked and information can be inputted. Pg. 8 Section 1 - Assignee Form B: Below is a screenshot of Section 1 of Form B of the assignment request. Section 1 requires the Assignee to select their “Type of Eligible Participant” from a list of several options (see screenshot below). When assigning a version 2.X, 3.X or 4.XmicroFIT Contract, the Assignee must be an Eligible Participant. Only one Eligible Participant type can be selected for an Assignee. Once a “Type of Eligible Participant” has been selected, click the “Save and Continue” button at the bottom right corner of the screen to move on to Section 1.1 of Form B. Pg. 9 Section 1.1 - Assignee Form B: Below is a screenshot of Section 1.1 of Form B (as shown for an “Individual” Eligible Participant type). Please be advised that Section 1.1 may not appear exactly as shown in the screenshot below. Information requested in Section 1.1 is specific to the “Type of Eligible Participant” selected in Section 1, and will therefore appear differently for each Eligible Participant type selected. Note that the type of information requested includes (but is not limited to): the Name and Date of Birth of the Assignee(s), the Assignee’s Contact Person, the Assignee’s Primary Email Address, and a Mailing Address. Pg. 10 Additionally, Section 1.1 of Form B allows the Assignee(s) to add contact information for a designated representative of the Supplier (if applicable). Once the appropriate information has been inputted in Section 1.1, click the “Save and Continue” button at the bottom right corner of the screen to move on to Section 2 of Form B. Pg. 11 Section 2 - Assignee Form B: Below is a screenshot of Section 2 of Form B. Section 2 requires the Assignee(s) to enter a name for the microFIT Project, indicate the land type the proposed project is located on (e.g. Owned, Leased, Reserve), and enter their LDC Generator Account name and number. The Generator Account name must exactly match the legal name of the Assignee entered in Section 1.1 of Form B. This information will be reconciled with the Local Distribution Company. Note: The LDC generator account is different than the Local Distribution Company load consumption account. The generator account is associated with the generation meter for the microFIT project and must be setup for payment purposes. The Local Distribution Company load consumption account is associated with the electricity consumed by the premises. Once the required information has been inputted in Section 2, click the “Save and Continue” button at the bottom right corner of the screen to move on to Section 3 of Form B. Pg. 12 Section 3 - Assignee Form B: Below is a screenshot of Section 3 of Form B (as shown for an “Individual” Eligible Participant type). Section 3 requires the Assignee to upload supporting documentation (in PDF format only) to establish that the Assignee qualifies as the “Type of Eligible Participant” selected previously in Section 1 of Form B. Note: Documentation required in Section 3 is specific to the “Type of Eligible Participant” selected in Section 1 of Form B and may appear differently for each “Type of Eligible Participant”. The Prescribed Form: Assignee’s Declaration must be completed by the Assignee and a scanned PDF must be uploaded in Section 3 of the microFIT Contract Assignment - Form B. Please note that each Assignee’s Declaration must be signed in the presence of, and commissioned by, a notary public or a commissioner for taking affidavits. Each additional Assignee listed on the microFIT Contract Assignment Form B must complete a separate Assignee’s Declaration; these individual Assignee’s Declarations must then be uploaded as one file. The Prescribed Form: Assignee’s Declaration can be found at the following link: http://www.ieso.ca/get-involved/microfit/program-documents Once the required documentation has been uploaded in Section 3, click the “Save and Continue” button at the bottom right corner of the screen to move on to the “Assignment Summary” page of Form B. Pg. 13 Assignment Summary Page - Assignee Form B: After completing Section 3, the Assignee will be brought to the “Assignment Summary” page, as illustrated in the screenshot below. The “Assignment Summary” page displays a summary of all information entered by the Assignee in Sections 1 to 3 of Form B, including the documentation uploaded in Section 3. Please review the summary page carefully and ensure that all information entered in Form B is correct. If a mistake was made in one of the sections, simply press the “Previous” button at the bottom left corner of the screen to return to the appropriate section. Pg. 14 Once the Assignee has completed their review and made sure all information is correct, click the “Save and Continue” button at the bottom right to move on to the final section of Form B, the Declaration page. Pg. 15 Declaration Page - Assignee Form B: After pressing the “Save and Continue” button, the Assignee will be brought to the final page of Form B, as shown in the screenshot below. The Assignee is required to carefully read through each of the four statements and click the respective checkbox if they agree. After reading through and checking each box, click the “Submit Request” button at the bottom right corner of the screen to submit Form B to the IESO for review. A notification will appear after Form B has been submitted with the next steps for the assignment process. If the Assignee does not agree to one or more of the four statements, they can elect to cancel the microFIT Contract assignment request by clicking the “Cancel Contract Assignment” button at the bottom of the screen. Pg. 16 STEP 3 – IESO REVIEWS ASSIGNMENT REQUEST The IESO will review the assignment request once it has received the required information from the Assignor and Assignee. Please note that the IESO may request additional information from the Assignor and / or Assignee if it’s determined that the assignment request is incomplete. If the IESO determines that the assignment request is complete, both the Assignor and Assignee will receive an electronic copy of the microFIT Contract Novation and Assignment Agreement. The microFIT Contract Novation and Assignment Agreement will be sent to the Assignor and Assignee via the “My microFIT Messages”Inbox on the “My microFIT Home Page”. To access the microFIT Contract Novation and Assignment Agreement, follow the URL link in the message (see screenshot below). Upon selection of the link, the Assignor and Assignee will be prompted to make a declaration of acceptance of the related terms and conditions of the microFIT Contract assignment. Pg. 17 STEP 4 – ASSIGNOR AND ASSIGNEE AGREE TO EXECUTE microFIT CONTRACT NOVATION AND ASSIGNMENT AGREEMENT To execute the microFIT Contract Novation and Assignment Agreement, both the Assignor and Assignee must review and accept the microFIT Contract Novation and Assignment Agreement, complete the declaration, and click the “Submit” button. Once the microFIT Contract Novation and Assignment Agreement has been executed by the Assignor and Assignee, a confirmation message will be delivered to the Assignor and Assignee’s “My microFIT Messages” Inbox and the status of the microFIT Contract assignment request will change to “Contract Assignment – Pending IESO Consent” (see screenshot below). Pg. 18 Pg. 19 STEP 5 – IESO CONSENTS TO THE microFIT CONTRACT NOVATION and ASSIGNMENT AGREEMENT Once the IESO receives the executed microFIT Contract Novation and Assignment Agreement from both the Assignor and Assignee, the IESO will consent to or decline the microFIT Contract Novation and Assignment Agreement. Pursuant to Section 10 of the microFIT Contract, the Supplier may assign its rights and obligations under the Agreement with the consent of the IESO, where such consent will not be unreasonably withheld. The effective date of the microFIT Contract assignment (as specified in the microFIT Contract Novation and Assignment Agreement) will be the later of: (i) the proposed effective date provided by the Assignor, and; (ii) the date the IESO executes the microFIT Contract Novation and Assignment Agreement (see screenshot below). Pg. 20 The IESO recommends that both the Assignor and Assignee print or save a copy of the microFIT Contract Novation and Assignment Agreement for their records. The executed microFIT Contract Novation and Assignment Agreement will be available to both the Assignor and Assigneeunder “My Files” on the “My microFIT Home Page” once the assignment process is complete (see screenshot below). The Assignor and Assignee will be notified via their “My microFIT Messages” Inbox upon IESO consent to the microFIT Contract Novation and Assignment Agreement. The message sent to the “My microFIT Messages” Inbox will specify the effective date of the microFIT Contract assignment and will include a link to the executed microFIT Contract Novation and Assignment Agreement (see screenshot on following page). Note: the Assignor will be able to access the microFIT Contract until the Contract is assigned by clicking on the Contract status in their “My microFIT Home Page”. Once the assignment process is complete, the Assignor will no longer have access to the microFIT Contract. Pg. 21 On the effective date of the microFIT Contract Novation and Assignment Agreement, the following changes will be implemented: Status Change: The status of the microFIT Contract (as shown on the “My microFIT Home Page”) will be changed for both the Assignor and Assignee. The Assignor’s “My microFIT Home Page” will show the status “Contract Transferred – Previous Supplier” and will include the effective date of the assignment. Pg. 22 The Assignee’s “My microFIT Home Page” will show the status “Contract Assigned – New Supplier” and will include the effective date of the assignment. Contract Change The Assignee’s information will be reflected in the microFIT Contract.The IESO will transfer all related documents from the Assignor to the Assignee. Access Change The Assignor will no longer have access to the microFIT Contract. The Assignee will be able to access the microFIT Contract through their “My microFIT Home Page” by clicking on the Contract status, as shown below and on the following page. Pg. 23 Pg. 24 CONTRACT STATUS DEFINITIONS This section provides brief descriptions of the different statuses that are associated with microFIT Contract assignments. Contract Offer – Accepted Congratulations! You are the proud owner of a microFIT Contract. This status indicates that the assignment process has not yet been initiated. Contract Assignment –Awaiting Assignee Action The Supplier (Assignor) has initiated the assignment process, by submitting anassignment request to theIESO through the “My microFIT Home Page”. The prospective Supplier’s (Assignee’s)review of the assignment request is pending. Contract Assignment – Info Submitted Both the Supplier (Assignor) and prospective Supplier (Assignee) have submitted the assignment request to the IESO. Contract Assignment – Assignee Info Requested The IESO has reviewed the assignment request and requires additional information prior to consenting to or denying the assignment request.The IESO has requested that the Assignorand / or Assignee, as applicable, resubmit the assignment request with additional information (the IESO will detail the nature of and need for the additional information requested). Contract Assignment – Info Resubmitted by Assignee The Assignor or Assignee, as applicable, has resubmitted the assignment request to the IESO, in accordance withtheIESO’s request for additional information. Contract Assignment – Info Received The assignment request is under IESO review. Standard Contract Assignment Agreement The assignment request has been approved by the IESO and the IESO has posted the automated microFIT Contract Novation and Assignment Agreement to both the Assignor’s and Assignee’s “My microFIT Home Page” for review, approval, and submission to the IESO. Assignor Accepted – Awaiting Assignee Action The Assignor has accepted the microFIT Contract Novation and Assignment Agreement. Assignee acceptance of the microFIT Contract Novation and Assignment Agreement is pending. Assignee Accepted – Awaiting Assignor Action The Assignee has accepted the microFIT Contract Novation and Assignment Agreement. Assignor acceptance of the microFIT Contract Novation and Assignment Agreement is pending. Contract Assignment –Pending IESO Consent Pg. 25 Both the Assignor and Assignee have accepted the microFIT Contract Novation and Assignment Agreement. The microFIT Contract Novation and Assignment Agreement is under IESO review. Pending Contract Assignment The Assignor, Assignee, and the IESO have accepted the microFIT Contract Novation and Assignment Agreement. Assignment will take effect on the effective date as set out in the microFIT Contract Novation and Assignment Agreements. Contract Assigned – New Supplier The assignment has been completed! The Contract has been successfully assigned to the Assignee pursuant to the microFIT Contract Novation and Assignment Agreement. The Assignee is now the Supplier. Contract Assignment Request Cancelled –By Assignor / Assignee The assignment request has been cancelled by the Assignor or Assignee. Contract Assignment Request Declined The assignment request or the microFIT Contract Novation and Assignment Agreement has been declined by the IESO (with reasons). Pg. 26 ADDITIONAL INFORMATION This microFIT Contract Assignment Instructions document can be found in the related documents section of your “My microFIT Home Page”. If you have any questions, please do not hesitate to contact the IESO microFIT Contract Team at [email protected]. Pg. 27
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