WHITBY HYDRO CONNECTION AGREEMENT FOR A GENERATOR WITH MOMENTARY CLOSED TRANSITION OPERATION

Transcription

1 WHITBY HYDRO CONNECTION AGREEMENT FOR A GENERATOR WITH MOMENTARY CLOSED TRANSITION OPERATION This Connection Agreement ( Agreement ) is made and entered into this day of, 20, by Whitby Hydro ( the Distributor ) and ( the Customer ), each hereinafter sometimes referred to individually as Party or both referred to collectively as the Parties. RECITALS WHEREAS the Distributor is a distributor licensed by the Ontario Energy Board to provide distribution services in a service area in which the Customer s facilities are situated; AND WHEREAS the Customer owns and operates a generator for emergency power supply or load displacement and wishes to connect the generator to the Distributor s system through momentary closed transition operation to provide power to the Customer s internal load during Distributor supply interruptions, load displacement or periodic testing of the generator; AND WHEREAS the Distributor has offered and the Customer has accepted the offer to permit such momentary closed transition operation of the generator with the Distributor s system; NOW THEREFORE in consideration of the foregoing and the mutual covenant, terms and conditions contained in this Agreement, the Parties, intending to be legally bound, agree as follows: 1. Definitions Interconnection Facilities: The equipment and software, connected between the generator and the Customer s electrical system, necessary to ensure the Customer s generator operates in an islanded, stand-alone mode from the Distributor s distribution system, except for momentary closed transition operation. Momentary Closed Transition: The interconnection of the Customer s generator with the Distributor s distribution system for the duration of 100 ms or less, in order to transfer the Customer s load from the Distributor s distribution system to the generator or to transfer the Customer s load from the generator back to the Distributor s distribution system. Point of Interconnection: The point at which the Distributor s distribution system ends and the Customer s electrical system begins, as described in Exhibit A of this Agreement. Generator: An electricity generating device owned by the Customer and connected to the Customer s electrical system and not customarily connected to the Distributor s system and intended for intermittent use by the Customer to provide power to the Customer s internal load during Distributor supply interruptions, load displacement or periodic testing of the generator. All other terms in the Agreement that are not specifically defined shall have the same meanings ascribed to them in the Electricity Act 1998, the Ontario Energy Board Act 1998, or any regulations or codes made under those Acts.

2 2. Scope of Agreement This Agreement is applicable to conditions under which the Distributor and the Customer agree that one or more generators as described in Exhibit A, is interconnected to the Distributor s distribution system and operated through the interconnection facilities for the purpose of momentary closed transition of the Customer s load from the Distributor s distribution system to the generator and momentary closed transition of the Customer s load from the generator to the Distributor s distribution system to provide power to the Customer s internal load during Distributor supply interruptions, load displacement or periodic testing of the generator. 3. Establishment of Interconnection Facilities The Customer is solely responsible for the establishment of interconnection facilities that meet the requirements of the Distributor, at the sole and absolute discretion of the Distributor. The Customer shall design and construct the interconnection facilities in accordance with the Distributor s rules and regulations, the requirements of the Ontario Energy Board s Distribution System Code or other Ontario Energy Board requirements that may apply, the applicable latest versions of the Electrical Safety Authority (ESA) requirements, CSA Interconnection of Distributed Resources and Electrical Supply Systems, and IEEE 1547 Standard for Interconnecting Distributed Resources with Electric Power Systems (the Rules ) all of which are incorporated herein by reference. 4. Responsibilities of the Distributor and the Customer for Installation, Operation and Maintenance of Facilities The Customer will, at its own cost and expense, install, operate, maintain, repair, and inspect, and shall be fully responsible for, its facilities and interconnection facilities, unless otherwise specified in Exhibit A. The Customer shall conduct operations of its facilities and interconnection facilities in compliance with all aspects of the Rules and in accordance with industry standard prudent engineering practice. The Distributor shall conduct operations of its electric distribution facilities in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facility Details attached hereto as Exhibit A. Maintenance of facilities and interconnection facilities shall be performed in accordance with the applicable manufacturers recommended maintenance schedule. The Customer agrees to cause its facilities and interconnection facilities to be constructed in accordance with the Rules and specifications equal to or better than those noted in item 3 above in effect at the time of construction. The Customer covenants and agrees to cause the design, installation, maintenance, and operation of, its facilities and interconnection facilities so as to reasonably minimize the likelihood of a malfunction or other disturbance damaging or otherwise affecting or impairing the Distributor s system. The Customer shall comply with all applicable laws, regulations, zoning codes, building codes, safety rules and environmental restrictions applicable to the design, installation, operation and maintenance of its facilities and interconnection facilities. The Customer will consult with the Distributor prior to undertaking any modifications to its facilities or interconnection facilities to ensure that no material adverse impact to the Distributor s system or to its other customers occurs. The Distributor will notify the Customer if there is evidence that the facilities or interconnection facilities operation causes disruption or deterioration of service to other customers served from the Distributor s system or if the facilities or interconnection facilities operation causes damage to the system. The Customer will notify the Distributor of any emergency or hazardous condition or occurrence with the Customer s facilities or interconnection facilities, which could affect safe operation of the Distributor s system. Rev 1 1Aug2017 Page 2 of 7

3 5. Operator in Charge The Customer shall identify an individual (by name or title) who will perform as Operator in Charge of the facilities and the Customer portion of the interconnection facilities. This individual must be familiar with this Agreement as well as provisions of the Rules and any other agreements or regulations that may apply. 6. Power Sales to the Distributor Interconnection of the facilities with the Distributor s distribution system does not grant the Customer the right to export power nor does it constitute an agreement by the Distributor to purchase or wheel excess power. The Parties agree that because momentary closed transition operation of the generator with the Distributor s distribution system is intended to be both momentary and infrequent, no compensation for the value of power entering the Distributor s system from the generator will be made. 7. Limitation of Liability and Indemnification a. twithstanding any other provision in this Agreement, with respect to the Distributor s provision of electric service to the Customer and the services provided by the Distributor pursuant to this Agreement, the Distributor s liability to the Customer shall be limited as set forth in the Distributor s conditions for electric service and in the Distribution System code, which are incorporated herein by reference. b. For the purposes of this Agreement, a force majeure event is any event: (i) that is beyond the reasonable control of the affected Party; and (ii) that the affected Party is unable to prevent or provide against by exercising reasonable diligence, including the following events or circumstances, but only to the extent that they satisfy the preceding requirements: acts of war, public disorder, rebellion or insurrection; floods, hurricanes, earthquakes, lightning, storms or other natural calamities; explosions or fires; strikes, work stoppages or labour disputes; embargoes; and sabotage. If a force majeure event prevents a Party from fulfilling any obligations under this Agreement, such Party will promptly notify the other Party in writing and will keep the other Party informed on a continuing basis as to the scope and duration of the force majeure event. The affected Party will be entitled to suspend or modify its performance of obligations under this Agreement but will use reasonable efforts to resume its performance as soon as possible. The force majeure provisions of the Distribution System Code will apply to this Agreement. c. twithstanding paragraph 7. b. of this Agreement, the Customer shall assume liability for and shall indemnify the Distributor and its members, trustees, directors, officers, managers, employees, agents, representatives, affiliates, successors and assigns for and shall hold them harmless from and against any claims, losses, costs, and expenses of the kind or character as contemplated in Section 2.2 of the Ontario Energy Board Distribution System Code to the extent that they result from the Customer negligence or other wrongful conduct in connection with the design, construction, installation, operation or maintenance of the facilities or interconnection facilities. Such indemnity shall include, but is not limited to, financial responsibility for (i) monetary losses; (ii) reasonable costs and expenses of defending an action or claim; (iii) damages related to death or injury; (iv) damages to property. Rev 1 1Aug2017 Page 3 of 7

4 d. The Distributor and the Customer shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines, wires, switches, or other equipment or property on their respective sides of the point of interconnection. The Distributor does not assume any duty of inspecting the Customer s lines, wires, switches, or other equipment or property and will not be responsible, therefore the Customer assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith at or beyond the point of interconnection and hereby acknowledges that the Distributor relies upon the Customer carrying out its responsibilities under this section without further investigation or inspection by the Distributor. 8. Documentation, Testing, and Commissioning The applicable documentation, testing and commissioning shall be satisfactorily completed at the sole and absolute discretion of the Distributor prior to the generator being operated in momentary closed transition operation with the Distributor s system. The following documentation is to be provided by the Customer to the Distributor in regards to the generator and interconnection facilities: a) As built, single-line diagram; b) Protective device philosophy, settings and drawings; c) Independent Engineer s Compliance Report certifying compliance with the following: IEEE- 1547, CSA , and the latest versions of the Ontario Electrical Safety Code and the Ontario Energy Board Distribution System Code; d) Electrical Safety Authority (ESA) Authorization to Connect; e) Document outlining the detailed operating procedure of the generator and interconnection facilities with momentary closed transition operation during system disturbances and testing. te: Items a), b) and c), shall be signed and stamped by a Professional Engineer in the province of Ontario. The Customer shall provide to the Distributor, upon request, all records of testing associated with the generator and interconnection facilities. In the case of a factory test, the Customer shall provide a written description and certification by the factory of the test, the test results, and the qualification of any independent testing laboratory. The Distributor shall witness the commissioning of the generator and interconnection facilities. The Distributor shall be provided a minimum of five (5) business days notice of the commissioning of the generator and interconnection facilities. The Distributor shall witness the operation of the momentary closed transition operation of the generator and interconnection facilities to ensure, at the sole and absolute discretion of the Distributor, all technical requirements of this Connection Agreement are in compliance. The Distributor shall complete a witness testing report and provide a copy to the Customer. 9. Right of Access, Equipment Installation, Removal & Inspection The Distributor may send an employee, agent or contractor to the premises of the Customer at any time whether before, during or after the time the facilities first produce energy to inspect the facilities and interconnection facilities, and observe the facility s installation, commissioning (including any testing), start-up, operation, momentary closed transition timings and maintenance. Rev 1 1Aug2017 Page 4 of 7

5 At any time, the Distributor shall have access to the Customer s premises for any reasonable purpose in connection with the interconnection described in this Agreement 10. Disconnection of Facilities The Customer shall disconnect facilities from the System upon the effective date of any termination resulting from and required by actions under Section 13. The Distributor shall have the right to refuse momentary closed transition operation of the generator when such operation may, in the Distributor s sole and absolute opinion, cause adverse impacts to the distribution system or any of the Distributor s other customers or may cause a safety concern for the Distributor s employees, customers or the public. 11. Metering The Distributor does not require generator metering for generators operating in momentary closed transition. 12. Insurance The Customer shall carry adequate insurance coverage that shall be acceptable to the Distributor. 13. Effective Term and Termination Rights This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated by either Party by giving the other Party at least thirty (30) days prior to written notice. 14. Compliance with Laws, Rules and Tariffs Both the Distributor and the Customer shall be responsible for complying with the laws of Ontario, and the Rules. The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the Rules, which Rules are hereby incorporated into this Agreement by this reference. The Distributor shall have the right to publish changes in any of the Rules at any time. 15. Severability If any portion of provision of this Agreement is held or adjudged for any reason to be invalid or illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed separate and independent and the remainder of this Agreement shall remain in full force and effect. 16. Amendment This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until produced in writing and executed by the Parties. 17. Entirety of Agreement and Prior Agreements Superseded This Agreement, including the Rules and all attached Exhibits and Facility Details, which are expressly made a part hereof for all purposes, constitutes the entire Agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the points of interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein or in the Customer application, or other written information provided by the Customer in compliance with the Rules. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. Rev 1 1Aug2017 Page 5 of 7

6 18. Assignment This Agreement may not be assigned by the Customer without the express written consent of the Distributor, such consent not to be unreasonably withheld. The company or individual to which this Agreement is assigned will be responsible for the proper operation and maintenance of the facilities, and must agree in writing to be subject to all provisions of this Agreement. The Distributor may also assign the Agreement to another entity with the written consent of the Customer. 19. tices tices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by certified mail, return receipt requested, postage prepaid, to: Whitby Hydro (the Distributor) Attn: Manager of Engineering 100 Taunton Road East Whitby, ONT, L1N 5R8 Attn: (the Customer) The above-listed names and addresses of either party may be changed by written notification to the other. 20. Invoicing and Payment Invoicing and payment terms for services will be in accordance with the requirements of the Distributor. 21. Limitations ( Third-Party Beneficiaries, Waiver, etc.) This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 22. Headings The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 23. Multiple Counterparts This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Whitby Hydro Company Name Signature Signature Print Name Print Name Date Date Rev 1 1Aug2017 Page 6 of 7

7 EXHIBIT A FACILITY DETAILS Location of Facility Name of Point of Intersection The following information is to be specified for each facility, if applicable: 1. Name: 2. Facility location: 3. Delivery voltage: 4. Metering (voltage, location, losses adjustment due to metering location and other): 5. rmal operation of interconnection: 6. One line diagram attached (check one): 7. Facilities to be furnished by the Distributor: 8. Facilities to be furnished by the Customer: 9. Cost responsibility: 10. Supplemental Terms and Conditions attached (check one): 11. Distributor rules and procedures for generator interconnection attached (check one): 12. Generator details attached (check one): 13. Momentary closed transition switch details attached (check one): Rev 1 1Aug2017 Page 7 of 7