BELMONT MUNICIPAL LIGHT DEPARTMENT NET METERING AND BUYBACK TARIFF FOR EMISSION FREE RENEWABLE GENERATING FACILITIES SERVING CUSTOMER LOAD

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1 Page 1 Applicability 1. A Two-Phase Program for Extending Credits for Excess Production from an Emission- Free Renewable Facility ( EFR Facility ). The Belmont Municipal Light Department (the Department ) sets forth in this tariff a two-phase program for the extension of credits for excess generation from an EFR Facility installed at the premises of a Host Customer, as defined below. Phase I shall be called the Net Metering Period and shall commence on the effective date of this tariff and run for 12 or more months thereafter, as the Department may subsequently determine. Phase II shall be called the Buyback Period and shall commence at the end of Phase I and continue thereafter until this tariff is amended or terminated by the Department. 2. Limitation to New Solar EFR Facilities and New Wind EFR Facilities. The following tariff applies to a Host Customer that requests, after the effective date hereof, net metering or buyback services from the Department with respect to an EFR Facility which is either a Solar EFR Facility or a Wind EFR Facility, each as defined herein. Customers operating an existing distributed generation facility on the effective date which is net metered by the Department shall be subject to this tariff as of such date without regard to their fuel source. After the effective date, net metering or buyback services will not be offered by the Department for any new distributed generation facility which is not a Solar EFR Facility or a Wind EFR Facility 3. Net Metering Credits During Phase I and Buyback Credits during Phase II. During the Phase I Net Metering Period, new meters, which replace the Department s existing meters, will not be required in order to calculate and extend to Host Customers a Net Metering Credit, as defined below. However, for purposes of enforcing the EFR Facility Production Limit, as defined below in Section 1.01, a meter must be installed by the Host Customer to measure the output of the EFR Facility (if not present already). During the Phase II Buyback Period, existing and new Host Customers are required to have installed new meters, at the Host Customer s expense, which replace the existing meters of the Department and record additional information in order to calculate and extend to Host Customers a Buyback Credit, as defined below. Information from the new meters will allow the Department to distinguish between the total deliveries of electricity by the Department and the total generation of the EFR Facility which is fed into the system of the Department. 4. Available Tariffs and Minimum Charges for Service from the Department. In conjunction with this two-phase program, a Host Customer may receive service from the Department under any tariff of the Department open to the Host Customer (the Applicable Customer Tariff ). During both phases, as a minimum charge, Host Customers without demand meters shall be responsible for the Customer Charge, and Host Customers with demand meters shall be responsible for the both the Customer

2 Page 2 Charge and the Demand Charges. Any credit provided under this tariff shall not offset such minimum charges. During the Phase I Net Metering Period, at the time the EFR Facility is installed for a Host Customer without demand metering, the Department shall have the option, in its reasonable discretion, to increase the customer charge payable under the Applicable Customer Tariff up to an amount which is reasonably expected to offset the Department s monthly loss in distribution and transmission revenues from the Host Customer which loss is caused by generation from the EFR Facility replacing deliveries from the Department. At the request of any potential Host Customer, the Department shall estimate such increase prior to the installation. 5. Net Metering Credit and Charges during Phase I. During the Phase I Net Metering Period, when the total generation of the EFR Facility exceeds the total usage of the Host Customer, the net difference of the two will be recorded on the existing meter of the Host Customer as a negative net difference. In such a case, the net difference, expressed as a positive number, shall be the basis for a Net Metering Credit to the Host Customer as determined in Section 1.05, below. When the total usage of the Host Customer exceeds the total generation of the EFR Facility, the positive net difference of the two, recorded as a positive number on the existing meter of the Host Customer, shall be billed to the Host Customer, in addition to minimum charges, under the Applicable Customer Tariff. 6. Buyback Credit and Charges during Phase II. During the Phase II Buyback Period, the total generation of the EFR Facility which is fed back into the system of the Department shall be the basis for a Buyback Credit determined in Section 1.07, below. The Buyback Credit will replace, for all purposes, any Net Metering Credit which any Host Customer may have previously received in the Phase I Net Metering Period. Information from the additional metering will allow the Department to identify all deliveries by the Department to the Host Customer, which total deliveries shall be billed to the Host Customer, in addition to the minimum charges, under the Applicable Customer Tariff. 7. Contract and Fuel Options of the Host Customer. Host Customers who receive net metering services or buyback services in the applicable periods under this tariff may own, lease or enter into retail purchase agreements with owners or operators of, an EFR Facility which meets the requirements of this tariff. Ownership, lease and retail purchase arrangements of Host Customers shall be entered into at the sole risk of the Host Customers who will be responsible for the terms and conditions of any such arrangement. This tariff specifically contemplates retail sales agreements only in the limited cases of Solar EFR Facilities and Wind EFR Facilities. Other types of distributed generation facilities, except for existing distributed generators as of the effective date of this tariff as set forth in Applicability (2.), above, shall not be entitled to net metering or buyback services under this tariff. Sales by owners or operators of other types of distributed generation facilities to customers of the Department are not permitted in the service territory of the Department.

3 Page 3 8. No Access to the Department s System. Other than net metering or buyback service under this tariff, this tariff does not entitle the Host Customer or any different owner or operator of the EFR Facility, as the case may be, to have access to the lines, wires or any other facilities of the Department for any other purpose, including, without limitation, for the purpose of making retail or wholesale sales to any other person or entity with the use of such lines, wires or other facilities of the Department. 9. Limitations on Net Metering Credits and Buyback Credits. All other provisions of this tariff are subject to the limitations in this provision. The payment by the Department of Net Metering Credits or Buyback Credits, as the case may be, will end in the first Billing Period beginning after the time during any Production Year, as defined below in Section 1.01, when generation from the Host Customer s EFR Facility in such year exceeds the EFR Facility Production Limit, as defined below in Section Host Customer usage and generation, in that Billing Period and each following Billing Period, if any, of the given Production Year, shall be subject to the charges and credits set forth in Section 1.09, below. As a part of the application process, the Host Customer shall accept the EFR Facility Production Limit determined by the Department and give evidence in writing of its understanding that when generation exceeds the EFR Facility Production Limit, charges and credits shall be adjusted as provided for in Section Upon the commencement of the next following Production Year, the payment of Net Metering Credits or Buyback Credits, as the case may be, shall resume and continue until the annual production limit in such year may be exceeded Limitations on the Allocation of Credits. Only a single account of the Host Customer at the premises where the EFR Facility is located shall receive a Net Metering Credit or a Buyback Credit during the applicable periods. No other account of the Host Customer, nor any account of any other customer of the Department, nor any other person or entity, shall be allocated any portion of the Host Customer s applicable credits. Any credit remaining upon the termination of service to the qualified account of the Host Customer shall lapse. 11. No Aggregation of Customers or Accounts Receiving Behind-the-Meter Service from an EFR Facility. An EFR Facility may provide electricity for the end use of only the Host Customer under a single account of the Host Customer at the premises where the EFR Facility is located. No other account of the Host Customer or any account of any other customer of the Department, nor any other person or entity, may receive electricity for end use or for resale from an EFR Facility subject to this tariff. 12. Other Terms and Conditions. Service under this tariff is also subject to the Department s printed requirements and the Department s Terms and Conditions Distribution Service, each as in effect from time to time.

4 Page The Interconnection Date. The interconnection date of an EFR Facility shall have no bearing on a Host Customer s eligibility to request net metering or buyback services under this tariff. Section 1.01 Definitions The terms set forth below shall be defined as follows, unless the context otherwise requires. Applicable Customer Tariff means any tariff of the Department, as may be selected by the Host Customer, under which the Host Customer is entitled to receive electric service from the Department. Billing Period means the period of time set forth in the Department s terms and conditions for which the Department bills a Customer for its electricity consumed or estimated to have been consumed. Buyback Credit is the value credited to the bill of a Host Customer in accordance with the terms of this tariff for a Billing Period commencing during the Buyback Period for the electricity generated by an EFR Facility and fed into the system of the Department, calculated as set forth in Section 1.07 of this tariff. Buyback Metering means the process of the Department, in accordance with the terms of this tariff applicable during the Phase II Buyback Period, of measuring or calculating, with the use of one or more meters, for any given Billing Period, (a) the total electricity generated by the EFR Facility, (b) the electricity generated by the EFR Facility and fed into the system of the Department, (c) the total electricity consumed by the Host Customer, and (d) the total electricity delivered by the Department to the Host Customer. Buyback Period is defined above in Applicability (1.) Buyback Services means the process of the Department, in accordance with the terms of this tariff applicable during the Buyback Period, of differentiating, with the use of Buyback Metering, between (a) the electricity delivered by the Department to the Host Customer which is billable to the Host Customer under the Applicable Customer Tariff and (b) the electricity generated by the EFR Facility and fed back into the system of the Department for resale, which results in the Buyback Credit calculated pursuant to this tariff and credited on the bill of the Host Customer. Class Generation Percentage shall have the meaning, for each Applicable Customer Tariff, set forth on Appendix 1 to this tariff in effect from time to time in accordance with Section Customer means any person, partnership, corporation, or any other entity, whether public or private, who obtains distribution service at a customer delivery point and who is either an

5 Page 5 existing or a new customer of record of the Department for its own electricity consumption. EFR Facility means a plant or equipment located on the premises where a Host Customer takes electric service from the Department (i) that is used to produce, manufacture, or otherwise generate electricity on the Host Customer s side of the meter for the consumption of the Host Customer at the premises and for injection into the system of the Department and for no other purposes; (ii) that is not a transmission facility; (iii) that is either a Solar EFR Facility or a Wind EFR Facility; (iv) that has an annual production limit which has been accepted by the Host Customer in writing no greater than the EFR Facility Production Limit; and (v) that when interconnected to the system of the Department pursuant to the Interconnection Standards of the Department, results in an aggregate production limit for all EFR Facilities so interconnected no greater than the EFR Facilities Aggregate Production Limit. EFR Facility Production Limit means, for a Solar EFR Facility or Wind EFR Facility, an annual production limit, in kilowatthours, equal to the product of (i) the Class Generation Percentage associated with the Applicable Customer Tariff, as set forth on Appendix 1 to this tariff in effect at the time the Host Customer installs an EFR Facility in accordance with Section 1.08 (1) hereof and (ii) the annual energy consumption of the Host Customer in the most recently ending twelve months prior to installation, as recorded on meters of the Department for the applicable account of the Host Customer; provided that, for a new customer, or any other customer without recorded data setting forth twelve months of energy usage, the customer s anticipated annual use of electricity at its premises shall be estimated by the Department in its sole discretion. The EFR Facility Production Limit (a) restricts the benefits of energy generated by the EFR Facility; and (b) causes Host Customer usage and generation when generation is in excess thereof to be subject to the charges and credits set forth in Section 1.09, below; but (c) otherwise, constitutes no restriction on the generating capacity of the EFR Facility that may be installed by the Host Customer. EFR Facilities Aggregate Production Limit means the aggregate production limit of all Solar EFR Facilities and all Wind EFR Facilities interconnected to the system of the Department pursuant to the Interconnection Standards and receiving net metering or buyback services under this tariff, as such limit shall be set forth by the Department from time to time pursuant to Section 1.08 (2) of this tariff. Host Customer means a Customer with an EFR Facility that generates electricity on the Customer s side of the meter; provided, however, a customer of the Department as of the effective date of this tariff with a net metered distributed generation facility shall be considered a Host Customer hereunder without regard to fuel source. Interconnection Standards mean the Department s standards and/or guidelines for the interconnection of distributed generation to the system of the Department as set forth from time to time in its public policies or filed tariffs, as the case may be.

6 Page 6 ISO-NE means ISO New England Inc., the independent system operator for New England, or its successor, authorized by the Federal Energy Regulatory Commission to operate the New England bulk power system and administer New England s organized wholesale electricity market pursuant to the ISO-NE Tariff and operation agreements with transmission owners. ISO-NE Real Time LMP (ISO RT-LMP) means the Real Time Locational Marginal Price calculated for each hour in the Real Time Energy Market for the SEMASS Load Zone, as may be amended or succeeded from time to time, by ISO-NE or in the event that no such hourly price is calculated in the future by ISO-NE, any comparable hourly price for wholesale energy in the regional market where the Department may purchase spot supplies of wholesale electricity on a real time daily basis. Net Metering means the process of the Department, in accordance with the terms of this tariff applicable during the Phase I Net Metering Period, of measuring, with the use of a single meter of the Department which runs forward and backwards, the net difference for any given Billing Period between (a) the total electricity delivered by a Department to the Host Customer and (b) the total electricity generated by the EFR Facility and fed back in the system of the Department. Net Metering Credit means the value credited to the bill of a Host Customer in accordance with the terms of this tariff for a Billing Period commencing during the Net Metering Period for the net difference by which the total electricity generated by an EFR Facility exceeds the total electricity consumption of the Host Customer under the applicable account of the Host Customer at the premises, calculated as set forth in Section 1.05 of this tariff. Net Metering Period is defined above in Applicability (1.) Net Metering Services means the process of the Department, in accordance with the terms of this tariff applicable under the Net Metering Period, of determining, with the use of Net Metering, either (a) the excess of the total electricity generated by the EFR Facility over the total electricity consumed by the Host Customer, which results in a Net Metering Credit calculated pursuant to this tariff and credited to the bill of the Host Customer or (b) the excess of the total electricity consumed by the Host Customer over the total electricity generated by the EFR Facility, which results in a net bill to the Host Customer under the Applicable Customer Tariff. Production Year means, for each EFR Facility installed, a period of twelve consecutive Billing Periods commencing with the first Billing Period after installation and thereafter, each following period of twelve consecutive Billing Periods shall also constitute a Production Year with respect to the EFR Facility; provided, however, if the event that the Department shall change the Billing Period, the Production Year shall then be the number of consecutive Billing Periods which approximate one year in duration.

7 Page 7 Solar EFR Facility means a facility for the production of electrical energy that uses sunlight to generate electricity, is interconnected to the system of the Department pursuant to the Interconnection Standards, and meets all requirements of an EFR Facility under this tariff. Wind EFR Facility means a facility for the production of electrical energy that uses wind to generate electricity, is interconnected to the system of the Department pursuant to the Interconnection Standards, and meets all requirements of an EFR Facility under this tariff. Section 1.02 Interconnection Interconnection of EFR Facilities is governed by the terms of the Department s Interconnection Standards, which sets forth the following information for buyback services: (a) (b) (c) (d) Application procedures; Information necessary for requests; Metering and technical requirements; and Termination and suspension provisions. The Host Customer shall indicate its request for net metering and/or buyback services on its application pursuant to the Interconnection Standards. Section 1.03 Metering and Reporting of Generation 1. During the Phase I Net Metering Period, a Host Customer with an EFR Facility shall be required to install metering at the premises to record the output of the EFR Facility (if not present already). In addition, if the existing meter of the Department at the premises is unable to run backwards and record the net difference between the total electricity delivered by the Department and the total electricity generated by the EFR Facility and fed into the system of the Department (which is the same as the net difference between the total electricity consumed by the Host Customer and the total electricity generated by the EFR Facility), the Department shall install, at the expense of the Host Customer, metering of its choice which records such net difference. Any Host Customer may voluntarily install additional metering at the premises to obtain any other information regarding operation of the EFR Facility, provided that the operation of any additional metering does not interfere with or impair the accuracy of any other metering at the premises. Each Host Customer will provide access to the Department to read the meter on the EFR Facility, or will make other arrangements, satisfactory to the Department, to provide readings of the total generation of the EFR Facility to the Department, each month to enable the Department to enforce the EFR Facility Production Limit.

8 Page 8 2. Using the information obtained under the preceding provision of this Section 1.03, the Department shall enforce the EFR Facility Production Limit. Such determinations of the Department shall be final for purposes of enforcing the provisions of this tariff. 3. During the Phase II Buyback Period, any existing Host Customer with an EFR Facility and any new Host Customer which installs an EFR Facility shall be required to have installed new metering at the location of the EFR Facility which replaces the existing meters of the Department. Such metering shall be (i) (ii) (iii) of a type chosen by the Department; either installed by the Department or by a contractor approved by the Department; and paid for by the Host Customer, either in a lump sum or over time as the Department may reasonably determine; capable of recording or calculating for each hour, (a) the total electricity generated by the EFR Facility, (b) the electricity generated by the EFR Facility and injected into the system of the Department, (c) total electricity delivered by the Department to the Host Customer; and in compliance with all other metering requirements and policies of the Department in effect at the time; provided, however, that the Department may choose metering without hour to hour capabilities for all Host Customers or for any Host Customer as long as such choice does not unreasonably favor or disfavor such Host Customer. The Department shall have access from time to time, or at all times by electronic means, to all readings of the meters installed for the Phase I Net Metering Period and the Phase II Buyback Period. At a minimum, if hourly data is not recorded, the new metering chosen by the Department for the Phase II Buyback Period shall record all data set forth in clause (ii) above on an aggregate basis for the Billing Period. Section 1.04 Phase I Net Metering Period: Billing for Deliveries under the Applicable Customer Tariff and Administration of Net Metering Credits 1. The Department shall calculate a Net Metering Credit as set forth in Section 1.05 below, and not bill a Host Customer for electricity usage, for any Billing Period in which the total electricity generated by an EFR Facility exceeds the total electricity consumption of the Host Customer under the applicable account of the Host Customer at the

9 Page 9 premises. 2. The Department shall bill a Host Customer under the Applicable Customer Tariff for excess consumption for any Billing Period. Excess consumption shall mean the net difference by which the total electricity consumed by a Host Customer under the applicable account of the Host Customer at the premises exceeds the total electricity generated by the EFR Facility. Section 1.05 Calculation of the Net Metering Credit during the Phase I Net Metering Period 1. For an EFR Facility, the Department shall calculate, for each applicable Billing Period commencing in the Net Metering Period, a Net Metering Credit equal to the product of the: (a) excess generation, if any, which shall equal the net difference by which the total electricity generated by the EFR Facility exceeds the total electricity consumption of the Host Customer); and (b) the sum of the following Department charges to the extent a part of the Applicable Customer Tariff (i) the Distribution Energy Charge; and (ii) the Transmission Energy Charge; and (iii) the Generation Energy; and (iv) the Conservation Energy Charge; and (v) the Purchased Power Adjustment (MDPU No. 110); and (vi) the Rate Stabilization Adjustment (MDPU No. 120); and (vii) NYPA Hydro Power Adjustment (MDPU No. 107). 2. For any Billing Period for which the Department calculates a Net Metering Credit for a Host Customer, the Department shall apply the Net Metering Credit only to the Host Customer s applicable account and shall not in any event offset the minimum charges due from the Host Customer as set forth in Applicability (4.), above. The Department shall carry forward, from Billing Period to Billing Period, any remaining Net Metering Credit balance. The quantity and allocation of Net Metering Credits shall be limited in accordance with terms of Applicability, (9.) and (10.), above in this tariff. Section 1.06 Phase II Buyback Period: Billing for Deliveries under the Applicable Customer Tariff and Administration of Buyback Credits 1. The Department shall bill a Host Customer under the Applicable Customer Tariff for all

10 Page 10 electricity delivered by the Department to a Host Customer for any Billing Period commencing in the Buyback Period. 2. The Department shall calculate a Buyback Credit as set forth in Section 1.07 below, and provide the Buyback Credit only to the Host Customer s applicable account for each Billing Period for the electricity generated by the EFR Facility and fed into the system of the Department, if any.. Section 1.07 Calculation of the Buyback Credit during the Phase II Buyback Period 1. For an EFR Facility, the Department shall calculate for each applicable Billing Period a Buyback Credit equal to, except as provided below and in Section 1.07(2), the sum of the hour by hour products during the Billing Period of the: (a) electricity generated by the EFR Facility which is fed from the EFR Facility into the system of the Department in each hour, if any; and (b) the ISO RT-LMP in such hour. For any EFR Facility for which the Department has chosen a new meter which does not record hour by hour data, the Buyback Credit shall be the product of the aggregate amount of electricity generated by the EFR Facility and fed into the system of the Department in the Billing Period and the average ISO RT-LMP for all hours in the Billing Period. In its sole discretion, the Department may average the ISO RT-LMP for a subset of all hours in the Billing Period which more accurately reflect the hours of excess generation by the EFR Facility in question. 2. Notwithstanding the provisions of Section 1.07(1), above, for all comparable EFR Facilities, the Department may determine that, for purposes of simplicity and efficiency, it shall compensate all electricity generated by each of the EFR Facilities and fed into the system of the Department in any Billing Period at the average ISO RT-LMP for the calendar year or for the calendar quarter most recently concluded prior to the Billing Period in question. Notice of any change in the average from a calendar year average to a calendar quarter average shall be given by the Department prior to the start of the calendar quarter during which the applicable average shall be determined. 3. For any Billing Period for which the Department calculates a Buyback Credit for a Host Customer, the Department shall apply the Buyback Credit only to the Host Customer s applicable account and shall not in any event offset the minimum charges due from the Host Customer as set forth in Applicability (4.), above. The Department shall carry forward, from Billing Period to Billing Period, any remaining Buyback Credit balance.

11 Page 11 The quantity and allocation of Buyback Credits shall be limited in accordance with the terms of Applicability (9) and (10.), above in this tariff. Section 1.08 Customers Annual Determination of Production Limits Applicable to New Host 1. Attachment 1 to this tariff sets forth the Class Generation Percentage to be used, as of the effective date of this tariff, to determine the EFR Facility Production Limit for each new customer applying to be a Host Customer. Annually thereafter, on the anniversary date of the effective date, the Department shall prepare, and post on the Department s website, a current version of Attachment 1 which may adjust, as the Department reasonably determines, the Class Generation Percentage for each Applicable Customer Tariff. Any adjustment shall be applicable to new customers applying to become Host Customers after the date of posting. The EFR Facility Production Limit once assigned to a Host Customer shall not thereafter change notwithstanding any change in the Class Generation Percentage after the assignment. Adjustments to such percentages, if any, shall be made in a two step process which (i) first allocates, on an equal basis, the EFR Facilities Aggregate Production Limit to each Applicable Customer Tariff by multiplying the two percent standard used to set the aggregate limit, or any higher percentage the Department may later adopt pursuant to Section 1.08(2) below, by the annual energy consumption under each Applicable Customer Tariff in the year with the historical energy consumption chosen by the Department pursuant to Section 1.08(2), below; and (ii) then allocates, in a fair and equitable manner, the resulting portion of the annual energy consumption under each Applicable Customer Tariff among the existing and the potential new Host Customers under such tariff, assuming that the EFR Facility Production Limit for existing Host Customers does not change. A fair and equitable allocation shall mean an allocation which is based on a Class Generation Percentage which, when multiplied by the average annual use of a potential Host Customer under such tariff, results in an EFR Facility Production Limit for any new Host Customer under that tariff that allows a reasonable additional number of average customers to install an EFR Facility with the resulting facility production limit. If any such adjustments are made in a given year, the Department, when deriving the adjusted Class Generation Percentages, shall consider, for each such Applicable Customer Tariff, the number of existing Host Customers under the tariff, the number of total customers served and the average annual customer consumption under the tariff. As set forth in Attachment 1, the Department may set different Class Generation Percentages under the different class tariffs of the Department. 2. Service under this tariff shall be temporarily closed to new applicants upon determination by the Department that the aggregate production limits of all EFR Facilities, whose Host Customers are receiving net metering or buyback services, as the case may be for the applicable period, under this tariff, have reached two percent of the Department s historical energy consumption during the most recently ending calendar

12 Page 12 year period prior to the effective date of this tariff, or any higher such percentage which the Department may subsequently adopt (the EFR Facilities Aggregate Production Limit ). Immediately following approval of this tariff, the Department will post, to the Department s website, such historical energy consumption during the subject calendar year period. In its discretion, the Department may adopt the historical consumption in a subsequent calendar year period for the purpose of increasing the EFR Facilities Aggregate Production Limit. Any increase in the historical annual consumption or in the percentage limit for facilities participating under this tariff shall be based on the Department s finding that the best interests of all customers of the Department are served by such an increase. Section 1.09 Exceeded Adjusted Billing and Crediting When the EFR Facility Production Limit is 1. In any Production Year when the meter recording generation from the EFR Facility shows that total generation exceeds the EFR Facility Production Limit, for the first Billing Period starting after the limit is reached and for each succeeding Billing Period, if any, in the Production Year, the Department will pay no credits as set forth in Section 1.05 or in Section 1.07, above, as may be applicable for the period in question, and the adjustments to billing and crediting set forth below in Section 1.09(2) shall, in the alternative, apply. 2. In the Billing Periods after the limit is reached as described in Section 1.09(1), the Department shall bill a Host Customer for the Host Customer s entire use of electricity under the Applicable Customer Tariff, whether that use is supplied by the ERF Facility or by the Department. With respect to credits, the total generation from the ERF Facility in such months shall result in a credit on the Host Customer s bill calculated as if such total generation were entirely fed into the system of the Department under Phase II and were entitled to a Buyback Credit determined in accordance with Section 1.07, above. The credit in the preceding sentence shall apply whether Phase I or Phase II is in effect and notwithstanding the fact that some of the total generation was not fed into the system of the Department. Section 1.10 Renewable Energy and Environmental Attributes The provision of net metering or buyback services does not entitle the Department to ownership of, or title to, the renewable energy or environmental attributes, including renewable energy certificates, associated with any electricity produced by an EFR Facility.

13 Page 13 Effective: Attachment 1: Maximum allowed generation percentage (%) of customer s prior annual energy consumption: Rate Group Maximum Allowed Generation # of potential (%) participants Residential A 66% 297 Low Income residential 66% 12 Commercial Rate B 50% 31 Power Rate E 33% 7 Town Rate B 33% 5 Town Rate E 75% 7 Commercial Heat 75% 5 Street Lighting 100% 50