HomeMy WebLinkAboutC28360 - SCE - Henderson Cmnty Photovoltaic Systm Contract No. C28360
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZE CITY MANAGER TO EXECUTE THE NET
METERING AND INTERCONNECTION AGREEMENT NO.
NM6707.1 WITH SOUTHERN CALIFORNIA EDISON FOR THE
HENDERSON COMMUNITY BUILDING PHOTOVOLTAIC
SYSTEM
SUBMITTED BY: HEATHER BECK, PROJECT COORDINATOR
CONTRACTOR: SOUTHERN CALIFORNIA EDISON
2244 WALNUT GROVE AVENUE, G01, QUAD 4D
ROSEMEAD, CA 91770
DATE: DECEMBER 11, 2008
CONTENTS: AGREEMENT NO. NM6707.1
Recommendation:
By Minute Motion, that the City Council:
1. Authorize the City Manager to enter into an agreement with Southern
California Edison for the Net Metering and Interconnection of the
photovoltaic system at the Henderson Community Building.
Executive Summary:
Acceptance of staff's recommendation will authorize the City Manager to enter into an
agreement with Southern California Edison for the purposes of Net Metering and
Interconnection of the photovoltaic system with Southern California Edison's electric
system for the Henderson Community Building. Net energy metering provisions allow
the City to net the energy produced by the generating facility against the energy
received from the electric service provider.
Staff Report
Net Metering Agreement NM 6707.1 with Southern California Edison- Henderson
Community Building Photovoltaic System
Page 2 of 2
December 11, 2008
Discussion:
In May 2007 the Palm Desert Redevelopment Agency executed an agreement with
Southern California Edison's (SCE) California Solar Initiative Program to participate in
the solar rebate program for the photovoltaic system installed at the Henderson
Community Building. The attached documents establish that the Henderson
Community Building is now interconnected with SCE's electric system and require an
additional agreement to be formed between SCE and the City of Palm Desert for Net
Metering and Interconnection services.
Net energy metering provisions allow the City to net the energy produced by the
generating facility against the energy received from the electric service provider over a
12 month "netting period."
Staff recommends the execution of the agreement with Southern California Edison for
Net Metering and Interconnection at the Henderson Community Building.
Submitted by:
_ �
Heat er Beck, Project Coordinator rtin Alvarez, edevelopment Mgr.
Department Head: Approval:
.
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ve Yrig J ti McCarthy
Director�f edevelopment/Housing ACM or Redevelop
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C�o��UO? �c�ty�Manager Paul S. Gibson, Director of Finance
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�PROVED _ r/ DENIED
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�� £ ~ f 4 Laura Rudison
�� SOUTHERN CALIFORNIA Renewable andAlternative Power
� ��1�, "' ` 2244 Walnut Grove Avenue,G01,Quad 4D
��� � D ' � O Rosemead,California 91770
"�r�,�ri�Bun��• i r" Phone:626-302-9680
� -�r f v� � Fax:626-571-4272
An EDISON INTERNATIONAL C '. �b e-mail: lauradiane.rudison@sce.com
�� 18 P -
November 15, 2008 C�;�Y� i7�' P;aE�i C�`S��;T_
�d� Via U. S. Mail
�'�;c�.lC �';C�r,k�� � r`r;�;iP1E_��i
Palm Desert, Ciy Of
c/o Ms. Beth Longhorn
73510 Fred Waring Dr
Palm Desert, CA 92260
Subject: Small Solar, Wind, Biogas or Fuel Cell Generating Facility Connected with SCE at Your
_New Premises And Conversion to Net Energy Metering Service (NM 6707.1)
Dear Ms. Beth Longhorn:
This letter is to acknowledge that your new premises is interconnected with a small (units with a capacity
rating of 1000 kilowatts or less) solar, wind, biogas or fuel cell powered generating facility with Southern
California Edison Company's (SCE) electric system.
Enclosed, for your execution and return, are two originals of a Net Metering and Interconnection
Agreement to be formed between SCE and yourself. For SCE's administrative purposes, this generating
facility has been assigned the Identification Number of NM 6707.1. Please refer to this number on all
correspondence you may have with SCE concerning this generation facility or related agreemero#s.
This Agreement is based on a standard form SCE has filed with the California Public Utilities Commission
(Commission). Please be aware that each of SCE's agreements and rate schedules are, at all times,
subject to such changes or modifications as the Commission may, from time to time direct in the exercise
of its jurisdiction. If SCE is directed to make such changes, you will be notified and a replacement
agreement will be offered. This Agreement has been prepared for your installation based on information
provided by the previous owners or their contractor. Please be advised that neither SCE's review of this
material nor SCE's agreement to allow the interconnection of your facilities should be considered as an
acknowledgment of, or concurrence with the economic or technical feasibility, operational capability, or
reliability of your installation.
Please review this Agreement and the terms of the related Schedule NEM -"Net Energy Metering" rate
schedule. If you are satisfied with the terms and conditions as stated, you may sign the Agreement and
return each of the signed documents to me. I will then present them to SCE's management for execution
and return a fully executed original to you for your files.
IMPORTANT: Please note the individual signing the Interconnection Agreement must be duly authorized
to bind the Customer of Record to its terms. Accordingly, unless the individual is an "owner of a
proprietorship", "officer of a corporation", "director or general manager of an agency", or an equivalent
official, please also provide documentation showing the signature authority of the individual who does
sign on behalf of the"Customer of Record".
Net energy metering provisions allow you to net the energy produced by your generating facility against
the energy received from your electric service provider over a 12 month "netting period." This netting
period will be established as the 12 months following the date net energy metering service is initiated.
Net energy metering service will be established as next successive meter reading date nearest to the
date SCE provides you written authorization to interconnect your generating facility. If however, a meter
� .
change is required, the"Date of Finai Interconnection" as defined in Section 4.c of Schedule NEM is the
next successive meter reading date after the meter change.
At the end of each 12 month period under these arrangements, if your generating facility has produced
enough energy to equai or exceed the amount you have consumed, your billing will be reconciled to
reflect charges only for the non-energy related biiling components of your electric service. If the
generation has not met all of your energy needs, you will also be billed for the shortfall, or net energy
supplied by SCE. Please note the Public Utilities Code provides for surpius energy balances to be
forfeited at the end of each netting period.
Future information: After your Net Metering Account has been approved for interconnection to SCEs grid,
should you have questions regarding SCEs billing and/or metering, please call SCEs Customer Service
Department for Net Metering [866-701-7868 residential/866-701-7869 commercial].
Sincerely,
A RUDISON
NEM Program Administrator
Enclosures:
Net Energy Metering and Interconnection Agreement- (2 originals)
Modified Oct 20,2008
SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT
This Net Energy Metering and Generating Facility Interconnection Agreement ("Agreement") is entered
into by and between Palm Desert, City Of ("Customer°), and Southern California Edison Company
("SCE"), sometimes also referred to herein jointly as "Parties" or individually as "Party."
1. APPLICABILITY .
This Agreement is applicable only to customers who satisfy all requirements of the definition of an
Eligible Customer-Generator set forth in Section 2827(b)(2) of the California Public Utilities Code. •
2. SUMMARY OF GENERATING FACILITY AND CUSTOMER ACCOUNT
2.1 Generating Facility Identification number: NM 6707.1
2.2 Customer Meter Number: 349M-010827
2.3 Customer Service Account Number: 3-032-5013-53
2.4 Applicable Rate Schedule: GS-2
2.5 Generating Facility Location: 72559 Highway 111 A
Palm Desert, CA 92260
2.5.1 This Agreement is applicable only to the Generating Facility described below and
installed at the above location. The Generating Facility may not be relocated or
connected to SCE's system at any other location without SCE's express written
permission.
2.6 Generating Facility Technology (Solar, Wind or Hybrid): Solar
2.7 Generating Facility Nameplate Rating (kW): 5.9 kW
2.8 Estimated monthly energy production of Generating Facility (kWh): 637 kWh
2.9 Customer's estimated date when the Generating Facility will be 12/30/2008
ready to commence parallel operation with SCE's electric system:
3. GENERATING FACILITY INTERCONNECTION AND DESIGN REQUIREMENTS:
3.1 Customer shall be responsible for the design, installation, operation, and maintenance of
the Generating Facility and shall obtain and maintain any required governmental
authorizations and/or permits.
3.2 The Generating Facility shall meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers ("IEEE"), and accredited testing laboratories such as Underwriters
Laboratories ("UL"), and, where applicable, rules of the California Public Utilities
Commission ("Commission") regarding safety and reliability. This requirement sha�l
include, but not be limited to, the provisions of IEEE Standard 929 and UL Standard 1741
and SCE's Rule 21-Generating Facility Interconnection.
3.3 Customer shall not commence parallel operation of the Generating Facility until written
approval has been provided to it by SCE. SCE shall provide such written approval within
ten (10) working days from SCE's receipt of a copy of the final inspection or approval of
the Generating Facility which has been issued by the governmental authority having
jurisdiction to inspect and approve the installation. Such approval shall not be
unreasonably withheld.
3.4 SCE shall have the right to have its representatives present at the final inspection made
by the governmental authority having jurisdiction to inspect and approve the installation of
the Generating Facility. Customer may be required to notify SCE in accordance with the
terms of Section 11, herein, at least five(5) days prior to such inspection.
NMID:6707.1, Form 16-344(08/20081dr) Page 1 of 4
� SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT
3.5 Customer shall not add generation capacity in excess of the Nameplate Rating set forth in
Section 2.7 of this Agreement, or otherwise modify the Generating Facility without the prior
written permission of SCE.
4. METERING AND BILLING: •
Metering requirements and billing procedures shall be set forth in the SCE and/or Energy Service
Provider's rate schedule(s) applicable to the electric service account assigned to the location �
where the Generating Facility is connected.
5. DISCONNECTION, INTERRUPTION OR REDUCTION OF DELIVERIES:
5.1 SCE may require Customer to interrupt or reduce the output of its Generating Facility
under the following circumstances:
(a)Whenever SCE deems it necessary in its sole judgment, to construct, install, maintain,
repair, replace, remove, investigate, or inspect any of its equipment or any part of its
electric system; or
(b) Whenever SCE determines in its sole judgment, that curtailment, interruption, or
reduction of Customer's electrical generation is otherwise necessary due to
emergencies, forced outages, force majeure, or compliance with prudent electrical
practices.
5.2 Notwithstanding any other provision of this Agreement, upon termination of this
Agreement or at any time SCE determines the continued parallel operation of the
Generating Facility may endanger the public or SCE personnel, or affect the integrity of
SCE's electric system or the quality of electric service provided to other customers, SCE
shall have the right to require the Generating Facility to be immediately disconnected
from SCE's electric system. The Generating Facility shall remain disconnected until such
time as SCE is satisfied, in its sole judgment, that the condition(s) causing such
disconnection have ended or have been corrected.
5.3 Whenever feasible, SCE shall give Customer reasonable notice of the possibility that
interruption or reduction of deliveries may be required.
5.4 Electrical energy and capacity provided to Customer during periods of curtailment or
interruption of the output of the Generating Facility shall be provided pursuant to the
terms of the rate schedule(s) applicable to the electric service account to which the
Generating Facility is connected.
6. ACCESS TO PREMISES:
SCE may enter Customer's premises at all reasonable hours without notice to Customer for the
following purposes:
(a) To inspect Customer's protective devices and read or test meter(s); and
(b) To disconnect the Generating Facility and/or service to Customer, whenever in SCE's
sole opinion, a hazardous condition exists and such immediate action is necessary to
protect persons, SCE's facilities, or property of others from damage or interference
caused by the Generating Facility, or the absence or failure of properly operating
protective devices.
7. tNDEMNITY AND LIABILITY:
7.1 Each Party as indemnitor shall defend, hold harmless, and indemnify the other Party and
the directors, officers, employees, and agents of the other Party against and from any
and all loss, liability, damage, claim, cost, charge, demand, or expense (including any
direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or
expense, including attorneys' fees) for injury or death to persons, including employees of
NMID:6707.1,Form 16-344(OS/2008�dr) Page 2 of 4
' SOUTHERN CALIFORNIA EDISON COMPANY
NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT
either Party,-and damage to property, including property of either Party, arising out of or
in connection with (a) the engineering, design, construction, maintenance, repair,
operation, supervision, inspection, testing, protection or ownership of the indemnitor's
facilities, or (b) the making of replacements, additions, betterments to, or reconstruction
of the indemnitor's facilities. This indemnity shall apply notwithstanding the active or �
passive negligence of the indemnitee. However, neither Party shall be indemnified
hereunder for its loss, liability, damage, claim, cost, charge, demand, or expense
resulting from its sole negligence or willful misconduct. '
7.2 The indemnitor shall, on the other Party's request, defend any suit asserting a claim
covered by this indemnity and shall pay for all costs, including reasonable attorney fees,
that may be incurred by the other Party in enforcing this indemnity.
7.3 The provisions of this Section shall not be construed to relieve any insurer of its
obligations to pay any insurance claims in accordance with the provisions of any valid
insurance policy.
7.4 Except as otherwise provided in Section 7.1, neither Party shall be liable to the other
Party for consequential damages incurred by that Party.
7.5 Nothing in this Agreement shall create any duty to, any standard of care with reference
to, or any liability to any person who is not a Party to it.
7.6 Notwithstanding the provisions of Section 7.1, Customer shall be responsible for
protecting its Generating Facility from damage by reason of the electrical disturbances or
faults caused by the operation, faulty operation, or non-operation of SCE's facilities, and
SCE shall not be liable for any such damage so caused.
8. GOVERNING LAW:
This Agreement shall be interpreted, governed, and construed under the laws of the State of
California as if executed and to be performed wholly within the State of California.
9. CALIFORNIA PUBLIC UTILITIES COMMISSION:
9.1 This Agreement shall at all times be subject to such changes or modifications by the
Commission as the Commission may, from time to time, direct in the exercise of its
jurisdiction.
9.2 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally
file with the Commission, pursuant to the Commission's rules and regulations, an
application for change in rates, charges, classification, service, or rule or any agreement
relating thereto.
10. AMENDMENT, MODIFICATIONS,WAIVER OR ASSIGNMENT:
10.1 This Agreement may not be altered or modified by either of the Parties, except by an
instrument in writing executed by each of them.
10.2 None of the provisions of this Agreement shall be considered waived by a Party unless
such waiver is given in writing. The failure of a Party to insist in any one or more
instances upon strict pertormance of any of the provisions of this Agreement or to take
advantage of any of its rights hereunder shall not be construed as a waiver of any such
provisions or the relinquishment of any such rights for the future, but the same shall
continue and remain in full force and effect.
10.3 This Agreement shall supersede any existing agreement under which Customer is
currently operating the Generating Facility identified in Section 2, herein, and any such
agreement shall be deemed terminated as of the date this Agreement becomes effective.
10.4 This Agreement contains the entire agreement and understanding between the Parties,
their agents, and employees as to the subject matter of this Agreement. Each party also
NMID:6707.1, Form 16-344(08/20081dr) Page 3 of 4
SOUTHERPI CALIFORNIA EDISOR! C011APAPIY
1o1E1'E�IE[tG1t 1@iIE'TE1�I101G AIatl��GEIv1EL�'TI11�iiG FEtCII�IT'3I II'�11'EItC010i1<tECTIOIV AGREEIVIEIaIT
represents �hat in entering into this Agreement, it has not relied on any promise,
induceme�#, representation, warranty, agreement or other statement not set forth in this _
Agreement.
10.5 Neither Party _shall voluntarily assign this Agreement or any of its rights or duties
hereunder vuithout the written consent of the other Party, which consent shall not be °
unreasonably withheld. Any such assignment or delegation made without such written ��.
consent shall be null and void.
11. NOTIeES: '
11.1 Any notice required under this Agreement shall be in writing and mailed at any United
States Post Office with postage prepaid and addressed to the Party, or personally
delivered to the Party, at the address below. Changes in such designation may be made
by notice similarly given. All written notices shall be directed as follows:
SOUTHERN CALIFORNIA EDISON COMPANY:
Manager, Renewable and Alternative Power
P.O. Box 800 - G01, Quad 4D
Rosemead, CA 91770
CUSTOMER:
Palm Desert, City Of
73510 Fred Waring Dr
Palm Desert, CA 92260
11.2 Customer's notices to SCE pursuant to this Section shall refer to the Generating Facility
Identification Number that is set forth in Section 2.1.
12. TERM AND TERMINATION OF AGREEMENT:
12.1 This Agreement shall become effective when signed by Customer and SCE, and shall
remain in effect thereafter from month to month unless terminated by either Party on
thirty (30) days' prior written notice in accordance with Section 11.
12.2 This Agreement shall terminate, without notice, upon: (a) termination of the electric
distribution service provided to Customer by SCE; or (b) changes to Customer's electric
load which cause Customer to no longer satisfy all requirements of the definition of an -
Eligible Customer-Generator set forth in Section 2827(b)(2) of the California Public
Utilities Code and (c) termination of eligible Customer's Net Energy Metering
arrangements with its Electric Service Provider.
13. SIGNATURES:
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be
executed by their duly authorized representatives. This Agreement is effective as of the latter of
the two dates set forth below. °
CITY OF PALM DESERT SOUTHERN CALIFORNIA EDISON COMPANY
By: By:
Name: Carlos L. ortega Name: Gerome G. Torribio
Title: City Manager Title: Manager, Renewable and Alternative Power
Date: Date:
NMID:6707.1,Form 16-344(08l20081dr) Page 4 of 4