Level 3 Expedited Review

Section 466.110  Level 3 Expedited Review An EDC shall use the Level 3 expedited review procedure for an interconnection request that meets the criteria in Section 466.80(c). An EDC may not impose additional requirements for Level 3 reviews not specifically authorized under this section unless the applicant agrees. a)         A Level 3 interconnection shall use the following procedures: 1)         The applicant submits an interconnection request using the appropriate form and the Level 3 application fee (see Appendix C). 2)         Within 10 business days after receiving the interconnection request, the EDC shall inform the applicant as to whether the interconnection request is complete.  If the request is incomplete, the EDC shall specify what materials are missing and the applicant has 10 business days to provide the missing information, or the interconnection request shall be deemed withdrawn. 3)         After an interconnection request is deemed complete, the EDC shall assign a queue position to it based upon the date the interconnection request is determined to be complete.  The EDC shall then inform the applicant of its queue position. 4)         If, after determining that the interconnection request is complete, the EDC determines that it needs additional information to evaluate the DER facility's adverse system impact, it shall request this information.  The EDC may not restart the review process or alter the applicant's queue position because it requires the additional information.  The EDC can extend the time to finish its evaluation only to the extent of the delay is required for receipt of the additional information.  If the applicant does not provide this additional information within 15 business days, the EDC may deem the interconnection request withdrawn. 5)         Interconnection requests meeting the requirements set forth in Section 466.80(c)(1) for non-exporting DER facilities interconnecting to an area network shall be presumed to be appropriate for interconnection.  The EDC shall process the interconnection request to area networks using the following procedures: A)        The EDC shall evaluate the interconnection request under Level 2 interconnection review procedures as set forth in Section 466.100(a) except that the EDC has 25 business days to evaluate the interconnection request against the screens to determine whether interconnecting the DER facility to the EDC's area network has any potential adverse system impacts.  In applying the Level 2 screens set forth in Section 466.100(a) for projects on area networks, the EDC may evaluate the proposed DER facility using nameplate capacity and not the export capacity for screens 1 and 7 if it determines that is appropriate. B)        If the Level 2 screens for area networks identify potential adverse system impacts, the EDC may determine, at its sole discretion, that it is inappropriate for the DER facility to interconnect to the area network under Level 3 review, and the interconnection request is denied.  The applicant may submit a new interconnection request for consideration under Level 4 procedures at the queue position assigned to the Level 3 interconnection request, if the new interconnection request is made within 15 business days after notification that the current application is denied. 6)         For interconnection requests that meet the requirements of Section 466.80(c)(2) for non-exporting DER facilities interconnecting to a radial distribution circuit, the EDC shall evaluate the interconnection request under the Level 2 expedited review in Section 466.100(a). b)         For a DER facility that satisfies the criteria in Section 466.110(a)(5) or (a)(6), the EDC shall approve the interconnection request and provide a standard interconnection agreement (see Appendix D) for the applicant to sign within the following timeframes: 1)         If the proposed interconnection requires no construction of facilities by the EDC on its own system, the interconnection agreement shall be provided within 5 business days after the notification of Level 3 review results. 2)         If the proposed interconnection requires only minor system modifications, the EDC shall notify the applicant of that requirement when it provides the Level 3 results. The applicant must inform the EDC if the applicant elects to continue the application and pay the fee specified in the EDC's tariff. If the applicant makes such an election, the EDC shall provide the interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for those upgrades, to the applicant within 30 business days after the EDC receives such an election and the payment of the fee. 3)         If the proposed interconnection requires more than minor system modifications, the EDC shall notify the applicant of that requirement when it provides the Level 3 results. The applicant must inform the EDC if the applicant elects to proceed with the interconnection. If the applicant makes such an election, the EDC may elect to: A)        provide a standard DER interconnection agreement (see Appendix D), along with a non-binding good faith cost estimate and construction schedule for those upgrades within 45 business days after the EDC receives such an election and the applicant pays the fee specified in the EDC's tariff; or B)        notify the applicant that an interconnection facilities study must be performed pursuant to Section 466.120(e)(3).  If the applicant elects to proceed with an interconnection facilities study, the EDC shall proceed with the interconnection facilities study according to the timeframes and process in Section 466.120(e)(3). c)         Within 30 business days after receipt of the standard DER interconnection agreement, the applicant shall complete, sign and return the agreement to the EDC.  If the applicant does not sign the standard DER interconnection agreement within 30 business days, the request shall be deemed withdrawn, unless the applicant requests a 15 business day extension in writing. An initial request for extension may not be denied by the EDC.  After the standard DER interconnection agreement is signed by the parties, interconnection of the DER facility shall proceed according to any milestones agreed to by the parties in the standard DER interconnection agreement. d)         The DER facility is not permitted to operate until: 1)         All requirements in the interconnection agreement are satisfied; 2)         The DER facility is approved by the electric code officials with jurisdiction over the DER facility; 3)         The applicant provides a certificate of completion (see Appendix B) to the EDC; and 4)         The witness test is successfully completed, if required by the EDC or if the witness test is waived according to Article 2.1.1 of Appendix D. e)         If the DER facility is not approved under a Level 3 review, the EDC shall provide the applicant with written notification explaining its reasons for denying the interconnection request.  The applicant may submit a new interconnection request for consideration under a Level 4 interconnection review.  The queue position assigned to the Level 3 interconnection request shall be retained, provided that the new interconnection request is made within 15 business days after notification that the current interconnection request is denied.