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GLACIER ELECTRIC COOPERATIVE, INC.
LARGE GENERATOR INTERCONNECTION POLICY
No. 516
This Policy sets forth the policies and procedures that Glacier Electric Cooperative, Inc. (“GEC”) will apply to all requests for interconnection for projects with a generation nameplate capacity greater than 200 kW. Although this policy is similar to the terms and conditions of the Federal Energy Regulatory Commission’s (“FERC”) rules and guidelines concerning the interconnection of Large Generating facilities, GEC is not subject to FERC’s jurisdiction. GEC, therefore, is not obligated to follow FERC regulations and this Policy and GEC’s actions may deviate from FERC’s rules and regulations.
GEC has limited personnel to respond to an interconnection request. While every effort will be made to provide timely response to all inquires, GEC has deliberately chosen time frames in this Policy that will allow GEC to respond to such requests with limited staff availability. Additionally, GEC’s ability to respond to interconnection requests and to conduct studies will generally require GEC to engage consultants to assist GEC. GEC will incur additional costs for those consulting services. The minimum deposits required in this Policy reflect the additional costs to GEC.
GEC is a full requirements power customer of the Bonneville Power Administration (“BPA”). GEC does not own or operate any power supply resources of its own and does not expect to in the near future. GEC does not use its transmission system to support network resources and will not be integrating the output of independent power producer resources into GEC’s power supply. GEC will, therefore, only offer point-to-point transmission service and interconnection service on an as available basis.
1. DEFINITIONS
For the purposes of this Policy, the following terms have the meaning given them herein:
“Affected Systems” means an electrical system other than GEC that may be affected by the proposed interconnection.
“Affected System Operators” means the entity that operates an Affected System.
“Affiliate” shall mean, with respect to a corporation, partnership or other entity, each such corporation, partnership or other entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such corporation, partnership or other entity.
“Base Case” means the base case power flow, short circuit, and stability term or condition of the LGIA.
“Breach” means the failure of a Party to perform or observe any material term or condition of the LGIA.
“Business Day” means Monday through Friday, excluding Federal holidays.
“Calendar Day” means any day including Saturday, Sunday or a Federal holiday.
“Capacity” means the capability of facilities to produce, transmit, or deliver electric energy measured in MW.
“Dispute Resolution” means the procedure for resolution of a dispute between the Parties pursuant to Section 12(e) herein.
“Generating Facility” means Interconnection Customer’s device or a group of devices owned by one legal entity for the production of electricity identified in the Interconnection Request, but shall not include the Interconnection Customer’s Interconnection Facilities, or facilities or devices with ownership held by different entities than Interconnection Customer or more than one legal entity.
“Generating Facility Capacity” means the net capacity of the Generating Facility and the aggregate net capacity of the Generating Facility where it includes multiple energy production devices.
“Good Utility Practice” means any of the practices, methods or acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts know at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region.
“Governmental Authority” means any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, ore taxing authority or power; provided, however, that such term does not include Interconnection Customer, GEC or any Affiliate thereof.
“In-Service Date” means the date upon which the Interconnection Customer reasonably expects it will be ready to begin use of GEC’s Interconnection Facilities to obtain back feed power.
“Interconnection Costs” means all the costs of connection, switching, metering, transmission, distribution, safety provisions, regulatory compliance and administrative costs incurred by GEC that are related to installing and maintaining the physical facilities necessary to permit interconnected operations with the Interconnection Customer’s Generating Facility.
“Interconnection Customer” means a single legal entity that proposes to interconnect Generation Facilities that it owns with GEC’s transmission system.
“Interconnection Customer’s Interconnection Facilities” means all facilities and equipment, as identified in Appendix A of the Large Generator Interconnection Agreement, that are located between the Generation Facility and the Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Generation Facility to GEC’s Transmission System. Interconnection Customer’s Interconnection Facilities are Sole Use Facilities.
“Interconnection Facilities” shall mean GEC’s interconnection facilities and the Interconnection Customer’s Interconnection Facilities. Collectively, Interconnection Facilities include all facilities and equipment between the Generation Facility and the Point of Interconnection, including any modification, additions or upgrades that are necessary to physically and electrically interconnect the Generating Facility to GEC’s transmission system.
“Interconnection Facilities Study” means a study conducted by GEC or a third party for the Interconnection Customer to determine a list of facilities (including GEC’s Interconnection Facilities and Network Upgrades as identified in the Interconnection Feasibility/System Impact Study), the cost of those facilities, and the time required to interconnect the Generating Facility with GEC’s Transmission System. The scope of the study is defined in this Policy.
“Interconnection Facilities Study Agreement” means the form of the agreement contained in Appendix 4 of this Policy for conducting the Interconnection Facilities Study.
“Interconnection Feasibility/System Impact Study” means a preliminary evaluation of the system impact and cost of interconnecting the Generating Facility to GEC’s Transmission System, the scope of which is described in this Policy.
“Interconnection Feasibility/System Impact Study Agreement” means the form of the agreement contained in Appendix 2 of this Policy for conducting the Interconnection Feasibility/System Impact Study.
“Interconnection Queue” means the list that describes the specific times that GEC receives Interconnection Requests from Interconnection Customers that fulfill all the requirements of this policy and that determine the temporal position of Interconnection Requests relative to one another.
“Interconnection Request” means an Interconnection Customer’s request, in the form of Appendix 1 to this Policy, to interconnect a new Generating Facility, or to increase the capacity of, or make a Material Modification to the operating characteristics of, an existing Generation Facility that is interconnected with the GEC’s Transmission System.
“Interconnection Service” means the service provided by GEC associated with interconnecting the Interconnection Customer’s Generating Facility to GEC’s Transmission System and enabling it to receive electric energy and capability from the Generating Facility at the Point of Interconnection, pursuant to the terms of the LGIA and GEC’s transmission policies.
“Interconnection Study” means any of the following studies: the Interconnection Feasibility/System Impact Study, the Interconnection Feasibility/System Impact Study, and the Interconnection Facilities Study described in these Procedures.
“Interconnection Feasibility/System Impact Study” means an engineering study that evaluates the impact of the proposed interconnection on the safety and reliability of GEC’s Transmission System and, if applicable, an Affected System. The study shall identify and detail the system impacts that would result if the Generating Facility were interconnected without project modifications or system modifications, focusing on the Adverse System Impacts identified in the Interconnection Feasibility/System Impact Study, or to study potential impacts, including but not limited to those identified in the Scoping Meeting as described in this Policy.
“Interconnection Feasibility/System Impact Study Agreement” means the form of the Agreement contained in Appendix 3 of this Policy for conducting the System Impact Study.
“Large Generating Facility” means a Generating Facility with a name plate generation Capacity of 10 megawatts or greater.
“Large Generator Interconnection Agreement” or “LGIA” means the form of the interconnection agreement applicable to an Interconnection Request pertaining to a Large Generating Facility.
“Material Modification” means those modifications that have a material impact on the cost or timing of any Interconnection Request with a later queue priority date.
“Network Upgrades” means the additions, modifications, and upgrades to GEC’s Transmission System required at or beyond the point at which the Interconnection Customer interconnects to GEC’s Transmission System to accommodate the interconnection of the Large Generating Facility to GEC’s Transmission System.
“Point of Interconnection” means the point, as set forth in the Large Generator Interconnection Agreement, where the Interconnection Facilities connect to GEC’s transmission system.
“Queue Position” means the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the valid Interconnection Request by GEC.
“Reasonable Efforts” means, with respect to an action required to be attempted or taken by a Party under the Large Generator Interconnection Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests.
“Scoping Meeting” means the meeting between representatives of the Interconnection Customer and GEC conducted for the purpose of discussing alternative interconnection options, to exchange information including any transmission data and earlier study evaluations that would be reasonably expected to impact such interconnection options, to analyze such information, and to determine the potential feasible Point(s) of Interconnection.
“Site Control” means documentation reasonably demonstrating: (i) ownership of, leasehold interest in, or a right to develop a site for the purpose of constructing the Generation Facility; (ii) an option to purchase or acquire a leasehold site for such purpose; or (iii) an exclusivity or other business relationship between the Interconnection Customer and the entity having rights to sell, lease or grant Interconnection Customer the right to possess or occupy a site for such purpose.
“Sole Use Facilities” means facilities that are used exclusively for one use by one Generation Facility, but shall not include any facilities that are used for multiple uses, have shared ownership by two or more legal entities or are used by multiple Generation Facilities.
“Transmission System” means the facilities owned, controlled or operated by GEC that are used to provide transmission service in or to GEC service territory.
“Withdrawn” or “Withdrawal” means the Interconnection Customer has failed to comply with the requirements of this Policy concerning an Interconnection Request and, consequently, GEC deems the Interconnection Customer has withdrawn its Interconnection Request and lost its Queue Position.
2. SCOPE AND APPLICATION
2(a) Scope
This policy describes the process that GEC will follow for interconnection of a Large Generating Facility to GEC’s transmission system. GEC will follow this same procedure whenever it develops and interconnects its own generation resources to GEC’s transmission line; provided, however, GEC will not pay the deposits required under this Policy.
2(b) No Applicability to Transmission Service
Nothing in this Policy shall constitute a request for transmission service or confer upon an Interconnection Customer any right to receive transmission service.
2(c) Base Case Data
GEC will provide base power flow, short circuit and stability databases, including all underlying assumptions, and contingency list upon request by an Interconnection Customer subject to confidentiality provisions.
3. REQUEST FOR INTERCONNECTION
3(a) Application Process
To request interconnection to GEC’s transmission system of a Large Generating Facility, the Interconnection Customer must submit to GEC the following within the specified time periods:
(1) A completed “Interconnection Request” application form that is provided in Appendix 1 to this Policy. For an Interconnection Request to be valid, the Interconnection Customer must provide all the information requested by GEC on the Interconnection Request form. Such information must be accurate and reliable.
(2) The Interconnection Customer shall submit a separate Interconnection Request for each site and may submit multiple Interconnection Requests for a single site. The Interconnection Customer shall submit an initial non-refundable $25,000 deposit with each Interconnection Request even when more than one request is submitted for a single site. An Interconnection Request to evaluate one site at two different voltage levels shall be treated as two Interconnection Requests and Interconnection Customer must submit two Interconnection Requests. Interconnection Customer shall submit to GEC the non-refundable $25,000 deposit on or before the date the Interconnection Customer submits an Interconnection Request to GEC. GEC will apply the deposit toward its administrative costs for the Interconnection Request and the cost of an Interconnection Feasibility/System Impact Study.
(3) Any submission of an Interconnection Request for which the Interconnection Customer has failed to provide the non-refundable $25,000 deposit will not receive a position in the Interconnection Queue and GEC will deem the Interconnection Request Withdrawn. GEC will provide written notice to the Interconnection Customer within fifteen (15) Business Days of the Interconnection Customer’s failure to provide the required deposit and the Withdrawn status of the Interconnection Request.
(4) GEC requires the Interconnection Customer to demonstrate Site Control with its Interconnection Request. Any submission of an Interconnection Request for which the Interconnection Customer has failed to demonstrate Site Control will not receive a position in the Interconnection Queue and GEC will deem the Interconnection Request Withdrawn. GEC will provide written notice to the Interconnection Customer within fifteen (15) Business Days of the Interconnection Customer’s failure to demonstrate Site Control and the Withdrawn status of the Interconnection Request
(5) GEC will notify Interconnection Customer of any other deficiencies in the Interconnection Request within fifteen (15) Business Days of GEC’s receipt of the Interconnection Request. For the Interconnection Customer to retain its position in the Interconnection Queue, Interconnection Customer must resolve these other deficiencies (other than failure to provide deposit or Site-Control) in the Interconnection Request within ten (10) Business Days of the date stamped on the notice from GEC. If the Interconnection Customer fails to correct the deficiencies (other than failure to provide deposit or Site-Control) in the Interconnection Request within specified period in this section, GEC will deem the Interconnection Request Withdrawn, and notify Interconnection Customer of GEC’s rejection of Interconnection Request. There is no cure for Interconnection Customer’s failure to provide the non-fundable deposit or information to establish Site-Control at the time of submission of the Interconnection Request. There is also no additional cure opportunity for the Interconnection Customer if it fails to cure other deficiencies in its Interconnection Request pursuant to this section.
(6) If Interconnection Customer’s Interconnection Request complies with the requirements of this section, GEC will provide Interconnection Customer with a written acknowledgement of GEC’s receipt of a valid and fully completed Interconnection Request, with deposit and demonstration of Site Control, within fifteen (15) Business Days of its receipt of the Interconnection Request.
3(b) Scoping Meeting
(1) GEC will notify the Interconnection Customer within fifteen (15) Business Days of receipt of a valid and complete Interconnection Request as to dates for scheduling a Scoping Meeting. Interconnection Customer shall schedule and attend a Scoping meeting with thirty (30) days of receiving the notice of the Scoping Meeting from GEC.
(2) GEC and Interconnection Customer will bring to the meeting such technical data, including, but not limited to: (i) general facility loadings, (ii) general instability issues, (iii) general short circuit issues, (iv) general voltage issues, and (v) general reliability issues as may be reasonably required to accomplish the purpose of the meeting. GEC and Interconnection Customer will also bring to the meeting personnel and other resources as may be reasonably required to accomplish the purpose of the meeting in the time allocated for the meeting. On the basis of the meeting, Interconnection Customer shall designate its Point of Interconnection and one or more available alternative Point(s) of Interconnection. Interconnection Customer shall provide its Point of Interconnection and alternative Point(s) of Interconnection within five (5) Business Days of the Scoping Meeting.
3(c) Failure to Provide Point(s) of Interconnection
If Interconnection Customer fails to provide the proposed Point(s) of Interconnection to GEC or fails to attend the Scoping Meeting, GEC will not proceed with any further work on the Interconnection Request until the Interconnection Customer provides the information to GEC and attends the Scoping Meeting. If Interconnection Customer fails to provide the proposed Points of Interconnections within twenty (20) Business Days of when such information is due pursuant to this section or fails to attend the Scoping Meeting, GEC may deem the Interconnection Request Withdrawn. If GEC provides such notice, there is no cure opportunity; the Interconnection Customer’s Interconnection Request will be null and void, and the Interconnection Customer will lose its position in the Interconnection Queue.
3(d) Determination of Interconnection Queue Position
An Interconnection Customer’s position in the GEC Interconnection Queue is based on the date and time GEC receives a valid and fully completed Interconnection Request along with the required non-refundable deposit. If the Interconnection Request is invalid solely because of the lack of required information on the Interconnection Request, and the Interconnection Customer provides the necessary information within the cure periods provided above, the Interconnection Customer’s Interconnection Request Queue position will be based upon the date and time the Interconnection Customer initially submitted the Interconnection Request. GEC will determine receipt times based on the following factors:
(1) By Fax – the date and time stamped on the fax
(2) By Postal Mail and FedEx – the date and time stamp showing when the request is received in the offices of GEC
(3) By Email – the date and time the email is received by the General Manager of GEC.
(4) By Hand Delivery – the date and time received by GEC
GEC will use the Interconnection Queue position of each Interconnection Request to determine the order of performing the Interconnection Studies and determination of cost responsibility for facilities necessary to accommodate the Interconnection Request. A higher queued Interconnection Request is one that has been placed “earlier” in the queue in relation to another Interconnection Request that is lower queued.
3(e) Interconnection Queue Information
GEC will maintain a list of all Interconnection Requests. The list will identify, for each Interconnection Request: (i) the maximum summer and winter megawatt electrical output; (ii) the general location; (iii) the station or transmission line or lines where the interconnection will be made; (iv) the projected In-Service Date; (v) the status of the Interconnection Request, including Queue Position; (vi) the availability of any studies related to the Interconnection Request; (vii) the date of the Interconnection Request; (viii) the type of Generating Facility to be constructed; and (ix) for Interconnection Requests that have not resulted in a completed interconnection, an explanation as to why it was not completed. The list will not disclose the identity of the Interconnection Customer until the Interconnection Customer executes a Large Generator Interconnection Agreement (“LGIA”).
3(f) Limitation on Interconnection Request Concerning In-Service Date
The expected In-Service Date of the new Large Generating Facility to the increase in capacity of the existing Generation Facility shall be no later than seven years from the date GEC’s receives the Interconnection Request, unless the Interconnection Customer demonstrates that engineering, permitting and construction of the new Large Generating Facility or increase in capacity of the existing Generating Facility will take longer than seven years. The In-Service Date may succeed the date GEC receives the Interconnection Request by a period up to ten years or longer where the Interconnection Customer and GEC agree.
3(g) Coordination with Affected Systems
GEC is located within Northwestern Energy’s Balancing Authority Area. Interconnection Customers are obligated to notify Northwestern Energy or other transmission providers which are interconnected to GEC’s transmission system and make any necessary interconnection requests or transmission requests to obtain queue positions for interconnection and transmission services pursuant to Northwestern Energy’s or such other transmission providers’ policies.
Interconnection Customer must also notify and follow Northwestern Energy’s or other transmission providers’ policies and procedures to obtain interconnection and transmission rights on those transmission systems.
GEC WILL ASSUME NO LIABILITY FOR INTERCONNECTION CUSTOMER’S FAILURE TO FORMALLY NOTIFY AFFECTED SYSTEM TRANSMISSION PROVIDERS PURSUANT TO SUCH AFFECTED SYSTEM TRANSMISSION PROVIDERS’ POLICIES AND PROCEDURES CONCERNING INTERCONNECTION OR TRANSMISSION SERVICES.
GEC will review any studies required to determine the impact of the Interconnection Request on Affected Systems with Affected System Operators and, if possible, include those results in its applicable Interconnection Study within the time frame specified in this Policy. Interconnection Customer, however, is responsible to contact Affected Systems and to coordinate and pay for the conduct of any such impact studies. Interconnection Customer will invite and include such Affected System Operators in all meetings held with GEC concerning system impacts to Affected Systems. The Interconnection Customer will cooperate with GEC in all matters related to the conduct of studies and the determination of modifications to Affected Systems.
3(h) Withdrawal
(1) Voluntary
The Interconnection Customer may withdraw its Interconnection Request at any time by written notice of such withdrawal to GEC.
(2) Deemed
If Transmission Customer fails to comply with any or all requirements of this Policy, except as provided in Section 12(e), (Disputes), GEC shall deem the Interconnection Request to be Withdrawn and shall provide written notice to the Interconnection Customer of the deemed Withdrawal. Upon receipt of such written notice, the Interconnection Customer shall have cure periods specified above in which to either respond with information or actions that cure the deficiency (except there is no cure for failure to provide the required non-refundable deposit or evidence of Site-Control) or to notify GEC of its intent to pursue Dispute Resolution.
(3) Consequences of Withdrawal
Withdrawal shall result in the loss of the Interconnection Customer’s Queue Position and forfeit of its non-refundable deposit(s). If an Interconnection Customer disputes the Withdrawal and loss of its Queue Position or deposit(s), then during Dispute Resolution, the Interconnection Customer’s Interconnection Request will be eliminated from the queue until such time that the outcome of Dispute Resolution would restore its Queue Position. An Interconnection Customer that withdraws or is deemed to have withdrawn its Interconnection Request shall pay to GEC (in addition to the non-refundable deposits) all costs that GEC incurred with respect to that Interconnection Request prior to GEC’s receipt of notice described above. The Interconnection Customer must pay all monies due to GEC before it is allowed to obtain any Interconnection Study data or results.
Upon withdrawal of an Interconnection Request, GEC will (i) update the Queue Position listing and (ii) refund to the Interconnection Customer any portion of the Interconnection Customer’s payments for studies that exceed the costs that GEC incurred. Additionally, GEC, subject to the confidentiality provisions of Section 12(a), shall provide, at the Interconnection Customer’s request, copies of all information that GEC developed for any completed study conducted to the date of withdrawal of the Interconnection Request; provided however, Interconnection Customer has paid all monies due GEC.
3(i) Clustering
At GEC’s sole discretion, Interconnection Requests may be studied serially or in clusters for the purpose of the Interconnection Impact Study.
3(j) Transferability of Queue Position
An Interconnection Customer may transfer its Queue Position to another entity only if such entity acquires ownership of the specific Generating Facility identified in the Interconnection Request and the Point of Interconnection does not change.
3(k) Modifications
If the Interconnection Customer submits any modifications to its Interconnection Request or changes the proposed Point(s) of Interconnection, the Interconnection Customer’s Interconnection Request will be deem Withdrawn. The Interconnection Customer must re-submit a new Interconnection Request in that event.
Notwithstanding the above, during the course of the Interconnection Studies, either the Interconnection Customer or GEC may identify changes to the planned interconnection that may improve the costs and benefits (including reliability) of the interconnection, and the ability of the proposed change to accommodate the Interconnection Request. In its sole discretion, GEC may modify the Point of Interconnection and/or configuration in accord with such changes and proceed with any re-studies necessary to do so in accord with Sections 6(f), and 7(f) as applicable and Interconnection Customer will retain its Queue Position.
4. INTERCONNECTION REQUESTS MADE PRIOR TO POLICY
4(a) Interconnection Request Queue Position for Requests Prior to this Policy
Any Interconnection Customer assigned a Queue Position prior to the effective date of this Policy shall retain that Queue Position; provided, however, the following requirements are met:
(1) Interconnection Customer must resubmit an Interconnection Request pursuant to the requirements of this Policy. If the Interconnection Customer has not previous paid other deposits or a non-refundable deposit of $25,000, the Customer must pay the $25,000 non-refundable deposit when it submits its Interconnection Request.
(2) GEC will integrate prior Interconnection Requests into the procedures set forth in this Policy. For instance, if an Interconnection Study Agreement has not been executed as of the effective date of this Policy, then GEC will process the applicable Interconnection Study, and any subsequent Interconnection Studies, in accordance with this Policy.
(3) If an Interconnection Study Agreement has been executed prior to the effective date of this Policy, the associated Interconnection Study shall be completed in accordance with the terms of such Interconnection Study Agreement and this Policy. Any required deposits for the Interconnection Studies may be adjusted from the amounts in this Policy in consideration of funds provided by the Interconnection Customer prior to the Interconnection Study Agreement.
(4) If all Interconnection Studies have been completed, Interconnection Customer must execute GEC’s LGIA pursuant to this Policy.
4(b) Prior Requests and Affected Systems
GEC assumes no obligation or liability for GEC’s or Interconnection Customer’s notification or lack of notification to Affected Systems resulting from prior Interconnection Requests made to GEC or to Affected Systems. GEC is located in Northwestern Energy’s Balancing Authority Area or Control Area. Interconnection Customer is responsible for contacting Northwestern Energy and complying with all of its policies and tariff concerning transmission and interconnection service.
4(c) Transmission Request Queue Position for Prior Interconnection Requests
(1) GEC may assign an Interconnection Customer with a position in GEC’s Transmission Queue for Interconnection Requests made prior to the effective date of this Policy. GEC will determine whether to make these assignments on a case-by-case basis based on several factors including but not limited to the Interconnection Customer’s intent to obtain transmission service on GEC’s transmission system, the Interconnection Customer’s payment or lack of payment to reserve transmission service, impact to other parties that have requested transmission service, and evidence of the Transmission Customer’s request for transmission service from third party transmission providers, which are interconnected to GEC’s transmission system.
(2) If GEC deems an Interconnection Customer concurrently made a request for Transmission Service with its Interconnection Request, the Interconnection Customer must pay GEC for such Transmission Service from the date deemed Transmission Service was requested and the Interconnection Customer must enter into a Transmission Service Agreement.
5. INTERCONNECTION FEASIBILITY STUDY
A. Interconnection Feasibility Study Agreement
Concurrent with the acknowledgement of a valid Interconnection Request GEC will provide to Interconnection Customer an Interconnection Feasibility Study Agreement in the form Appendix 2. Interconnection Feasibility Study Agreement specifies that the Interconnection Customer is responsible for the actual cost of the Interconnection Feasibility Study. Within five (5) Business Days following the Scoping Meeting Interconnection Customer shall specify for inclusion in the attachment to the Interconnection Feasibility Study Agreement the Point(s) of Interconnection and any reasonable alternative Point(s) of Interconnection.
GEC will provide the Interconnection Customer with an executed Feasibility Study Agreement within thirty (30) Calendar Days after GEC’s receipt of designation(s) for the Point(s) of Interconnection. The Feasibility Study Agreement will include a non-binding good faith estimate of the costs and time period for completing the Feasibility Study. The purpose of the Feasibility Study is to verify the impact of the proposed interconnected generation to the GEC electrical system. GEC, in its sole discretion, may decline to interconnect a large generator if such interconnection may or is likely to compromise reliability with respect to existing members.
B. Execution of Feasibility Study Agreement
Upon receipt of the Feasibility Study Agreement, the Interconnection Customer has thirty (30) Calendar Days to provide GEC with (i) the Feasibility Study executed by GEC and the Interconnection Customer; (ii) an additional monetary deposit of $25,000; and (iii) all requested technical data, including voltage levels to be studied, as specified in Appendix 1, Attachment 1.
If the Interconnection Customer fails to execute and return the Feasibility Study Agreement, whether or not it meets all of the other requirements, GEC will deem the request “Withdrawn” and null and void, and the Interconnection Customer will lose its position for the submitted Interconnection Request in the Interconnection Queue.
C. Conducting the Study
After GEC receives the executed Feasibility Study Agreement, GEC will begin the study and will use reasonable efforts to complete the Feasibility Study within the appropriate time period. If GEC determines that it will not be able to complete the Feasibility Study within that time period, GEC will notify the Interconnection Customer and provide an estimate of the completion date with a general explanation of the reasons why additional time is required.
When the Feasibility Study is complete, GEC will provide the written report to the Interconnection Customer along with an executed Facilities Study Agreement. GEC and the Interconnection Customer will schedule and conduct a scoping meeting to discuss the Feasibility Study.
The Interconnection Customer will be responsible for contacting any Affected Systems and the system impact studies for all transmission systems accessed from the point of interconnection with GEC’s electrical facilities to the point of interconnect with the nearest connected balancing authority’s bus.
6. INTERCONNECTION SYSTEM IMPACT STUDY
A. Interconnection System Impact Study Agreement
Unless otherwise agreed, pursuant to the Scoping Meeting provided in Section III.B., concurrent with the delivery of the Interconnection Feasibility Study to the Interconnection Customer, GEC will provide the Interconnection Customer with Interconnection System Impact Study Agreement in the form of Appendix 3 to this Policy. The Interconnection System Impact Study Agreement will provide that the Interconnection Customer shall compensate GEC for the actual cost of the Interconnection System Impact Study. Within thirty (30) Business Days following the Interconnection Feasibility Study results meeting, GEC will provide to the Interconnection Customer a non-binding good faith estimate of the cost and timeframe for completing the Interconnection System Impact Study.
B. Execution of the Interconnection System Impact Study Agreement
The Interconnection Customer shall execute the Interconnection System Impact Study Agreement and deliver the executed Agreement to GEC no later than thirty (30) Calendar Days after its receipt along with demonstration of Site Control, and a $50,000 deposit.
If the Interconnection Customer fails to execute and return the Interconnection System Impact Study Agreement or the $50,000 deposit, whether or not it meets all of the other requirements, GEC will deem the request “Withdrawn” and null and void, and the Interconnection Customer will lose its position for the submitted Interconnection Request in the Interconnection Queue.
If the Interconnection Customer does not provide all such technical data when it delivers the Interconnection System Impact Study Agreement, GEC shall notify the Interconnection Customer of the deficiency within thirty 30 Calendar Days of the receipt of the executed Interconnection System Impact Study Agreement and the Interconnection Customer shall cure the deficiency within ten (10) Calendar Days of receipt of the notice, provide, however, such deficiency does not include failure to deliver the executed Interconnection System Impact Study Agreement or deposit.
If the Interconnection System Impact Study uncovers any unexpected result(s) not contemplated during the Scoping Meeting and the Interconnection Feasibility Study, a substitute Point of Interconnection identified by either Interconnection Customer or GEC, and acceptable to the other, will be substituted for the designated Point of Interconnection specified above without loss of Queue Position, and restudies shall be completed pursuant to Section6.F, as applicable. For purposes of this Section6.B, if GEC and Interconnection Customer cannot agree on the substituted Point of Interconnection, then Interconnection Customer may direct that one of the alternatives as specified in the Interconnection Feasibility Study Agreement, as specified pursuant to Section3.B, shall be the substitute.
C. Scope of Interconnection System Impact Study
The Interconnection System Impact Study will evaluate the impact of the proposed interconnection on the reliability of GEC’s system. The Interconnection System Impact Study will consider the Base Case as well as all Generating Facilities (and with respect to (iii) below, any identified Network Upgrades associated with such hire queued interconnection) that, on the date the Interconnection System Impact Study is commenced: (i) are directly interconnected to the Transmission System; (ii) are interconnected to Affected Systems and may have an impact on the Interconnection Request; (iii) have a pending higher queued Interconnection Request to interconnect to the Transmission System; and (iv) have no Queue Position but have executed an LGIA.
The Interconnection System Impact Study will consist of a short circuit analysis, a stability analysis, and a power flow analysis. The Interconnection System Impact Study will state the assumptions upon which it is based; state the results of the analysis; and provide the requirements or potential impediments to providing the requested interconnection service, including a preliminary indication of the cost and length of time that would be necessary to correct any problems identified in those analyses and implement the interconnection. The Interconnection System Impact Study will provide a list of facilities that are required as a result of the Information Request and a non-binding good faith estimate of cost responsibility and a non-binding good faith estimate of time to construct.
D. Interconnection System Impact Study Procedures
GEC may coordinate the Interconnection System Impact Study with any Affected System that is affected by the Information Request pursuant to Section3.G above. Interconnection Customer must notify, request and pay the Affected System to conduct any Interconnection System Impact Study concerning potential impacts to the Affected System facilities. GEC will use existing studies to the extent practicable when it performs the study concerning impacts to its Transmission System. GEC will use Reasonable Efforts to complete the Interconnection System Impact Study within one hundred-twenty (120) Calendar Days after the receipt of the Interconnection System Impact Study Agreement or notification to proceed, study payment and technical data.
At the request of the Interconnection Customer or at any time GEC determines that it will not meet the required time frame for completing the Interconnection System Impact Study, GEC shall notify the Interconnection Customer as to the schedule status of the Interconnection System Impact Study. If GEC is unable to complete the Interconnection System Impact Study within the time period, it will notify the Interconnection Customer and provide an estimated completion date. Upon request, GEC will provide the Interconnection Customer all supporting documentation, work papers and relevant pre-Information Request and post-Information Request power flow, short circuit and stability databases for the Interconnection System Impact Study, subject to confidentiality arrangements consistent with Section12.A.
E. Meeting with GEC
Within ten (10) Business Days of providing an Interconnection System Impact Study report to Interconnection Customer, GEC and Interconnection Customer will schedule a meeting to discuss the results of the Interconnection System Impact Study.
F. Re-Study
If re-study of the Interconnection System Impact Study is required due to a higher queued project subject to Section3.D , or re-designation of the Point(s) of Interconnection pursuant to Section3.K.(3), GEC will notify Interconnection Customer in writing. Such re-study shall take no longer than sixty (60) Calendar Days from the date of notice. Any cost of re-study shall be borne by the Interconnection Customer being re-studied.
7. INTERCONNECTION FACILITIES STUDY
7(a) Interconnection Facilities Study Agreement
Concurrent with the delivery of the Interconnection System Impact Study to the Interconnection Customer, GEC will provide the Interconnection Customer with Interconnection Facilities Study Agreement in the form of Appendix 4 to this Policy. The Interconnection Facilities Study Agreement will provide that the Interconnection Customer shall compensate GEC for the actual cost of the Interconnection Facilities Study. Within fifteen (15) Business Days following the Interconnection System Impact Study results meeting, GEC will provide to the Interconnection Customer a non-binding good faith estimate of the cost and timeframe for completing the Interconnection Facilities Study. The Interconnection Customer shall execute the Interconnection Facilities Study Agreement and deliver the executed Interconnection Facilities Study Agreement to GEC within thirty (30) Calendar Days after its receipt, together with the required technical date and the greater of $100,000 or Interconnection Customer’s portion of the estimated monthly cost of conducting the Interconnection Facilities Study.
If the Interconnection Customer fails to execute and return the Interconnection Facilities Study Agreement or the $100,000 deposit, whether or not it meets all of the other requirements, GEC will deem the request “Withdrawn” and null and void, and the Interconnection Customer will lose its position for the submitted Interconnection Request in the Interconnection Queue.
7(b) Scope of Interconnection Facilities Study
The Interconnection Facilities Study will specify and estimate the cost of the equipment, engineering, procurement and construction work needed to implement the conclusions of the Interconnection System Impact Study in accordance with Good Utility Practice to physically and electrically connect the Interconnection Facility to the Transmission System. The Interconnection Facilities Study shall also identify the electrical switching configuration of the connection equipment, including, without limitation: the transformer, switchgear, meters, and other station equipment; the nature and estimated cost of any GEC’s Interconnection Facilities and Network Upgrades necessary to accomplish the interconnection; and an estimate of the time required to complete the construction and installation of such facilities.
7(c) Interconnection Facilities Study Procedures
GEC may discuss the Interconnection Facilities Study with any Affected System that is affected by the Information Request pursuant to Section 3(g) above. Interconnection Customer must notify, request and pay the Affected System to conduct the Interconnection Facilities Study for the Affected System. GEC will use existing studies to the extent practicable when it performs the Interconnection Facilities Study for its Transmission System. GEC will use Reasonable Efforts to complete the Interconnection Facilities Study and issue a draft Interconnection Facilities Study report to the Interconnection Customer within one-hundred eighty (180) Calendar Days.
At the request of the Interconnection Customer or at any time GEC determines that it will not meet the required time frame for completing the Interconnection Facilities Study, GEC shall notify the Interconnection Customer as to the schedule status of the Interconnection Facilities Study. If GEC is unable to complete the Interconnection Facilities Study within the time period, it will notify the Interconnection Customer and provide an estimated completion date.
The Interconnection Customer may, within thirty (30) Calendar Days after receipt of the draft report, provide written comments to GEC, which GEC shall include in the final report. GEC shall issue the final Interconnection Facilities Study report within thirty (30) Business Days of receiving the Interconnection Customer’s comments or promptly upon receiving Interconnection Customer’s statement that it will not provide comments. GEC may reasonably extend such period upon notice to the Interconnection Customer if the Interconnection Customer’s comments require GEC to perform additional analyses or make other significant modifications prior to the issuance of the final Interconnection Facilities Study report. Upon request, GEC will provide the Interconnection Customer all supporting documentation, work papers and databases or data developed for the Interconnection Facilities Study, subject to confidentiality arrangements consistent with Section 12(a).
7(d) Meeting with GEC
Within ten (10) Business Days of providing an Interconnection Facilities Study report to Interconnection Customer, GEC and Interconnection Customer will schedule a meeting to discuss the results of the Interconnection Facilities Study.
7(f) Re-Study
If re-study of the Interconnection Facilities Study is required due to a higher queued project subject to Section 3(d), or re-designation of the Point(s) of Interconnection pursuant to Section 3(k)(3), GEC will notify Interconnection Customer in writing. Such re-study shall take no longer than one hundred-twenty (120) Calendar Days from the date of notice. Any cost of re-study shall be borne by the Interconnection Customer being re-studied.
8. ENGINEERING AND PROCUREMENT (“E&P”) AGREEMENT
Prior to execution of an LGIA, an Interconnection Customer may, to advance the implementation of its interconnection, request and GEC may offer the Interconnection Customer, an E&P Agreement that authorizes the Transmission Provider to begin engineering and procurement of long-lead time items necessary for the establishment of the interconnection. If GEC determines that it cannot meet the obligations under an E&P Agreement or it is not in GEC’s best interest to make such offer, GEC will not offer an E&P Agreement. GEC shall not be obligated, under any circumstances, to offer an E&P Agreement if the Interconnection Customer is in Dispute Resolution with GEC.
The E&P Agreement is an optional procedure and it will not alter the Interconnection Customer’s Queue Position or In-Service Date. The E&P Agreement shall provide for the Interconnection Customer to pay the cost of all activities authorized by the Interconnection Customer and to make advance payments or provide other satisfactory security for such costs.
The Interconnection Customer shall pay the cost of such authorized activities and any cancellation costs for equipment that is already ordered for its interconnection, which cannot be mitigated as hereafter described, whether or not such items or equipment later become unnecessary. If Interconnection Customer withdraws its application for interconnection or either party terminates the E&P Agreement, to the extent the equipment ordered can be canceled under reasonable terms, Interconnection Customer shall be obligated to pay the associated cancellation costs. To the extent that the equipment cannot be reasonably cancelled, GEC may elect: (i) to take title to the equipment, in which event GEC shall refund Interconnection Customer any amounts paid by Interconnection Customer and shall pay the cost of delivery of such equipment; or (ii) transfer title and deliver such equipment to Interconnection Customer, in which event Interconnection Customer shall pay any unpaid balance and cost of delivery of such equipment.
9. LARGE GENERATOR INTERCONNECTION AGREEMENT
9(a) Tender
Concurrent with GEC’s issuance of the Interconnection Facilities Study report to the Interconnection Customer, GEC will tender to the Generator GEC’s LGIA together with draft appendices completed to the extent practicable. The LGIA will be similar to the form in Appendix 5 to this Policy. Within thirty (30) days of issuance of the draft Interconnection Facilities Study report, GEC will tender the completed draft LGIA appendices.
9(b) Negotiation
Notwithstanding Section 9(a), at the request of the Interconnection Customer, GEC will begin negotiations with the Interconnection Customer concerning the appendices to the LGIA after the Interconnection Customer has executed the Interconnection Facilities Study Agreement. The negotiation will address any disputed provision of the appendices to the draft LGIA for not more than sixty (60) Calendar Days after the tender of the final Interconnection Facilities Study report. If either Party determines that the negotiations are at an impasse, they may request termination of the negotiations and initiate Dispute Resolution procedures pursuant to Section 12(e). If the Interconnection Customer requests termination of the negotiations, but within thirty (30) Calendar Days thereafter fails to initiate Dispute Resolution, it shall be deemed to have Withdrawn its Information Request. Unless otherwise agreed by the Parties, if the Interconnection Customer has not executed the LGIA or initiated Dispute Resolution procedures pursuant to Section 12(e)., within sixty (60) Calendar Days of tender of a completed draft of the LGIA appendices, Interconnection Customer shall be deemed to have Withdrawn its Information Request. GEC will provide the Interconnection Customer a final LGIA within fifteen (15) Business Days after the completion of the negotiated process.
9(c) Execution
Within fifteen (15) Business Days after receipt of the final LGIA, the Interconnection Customer shall provide GEC with reasonable evidence of continued Site Control. At the same time, Interconnection Customer also shall provide reasonable evidence that one or more of the following milestones in the development of the Large Generating Facility, at the Interconnection Customer election, has been achieved: (i) the execution of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the execution of a contract for the supply of cooling water to the Large Generating Facility; (iii) execution of a contract for the engineering for, procurement of major equipment for, or construction of the Large Generating Facility; or (iv) execution of a contract for the sale of electric energy or capacity from the Large Generating Facility.
The Interconnection Customer shall execute two originals of the tendered LGIA and return one copy to GEC.
9(d) Commencement of Interconnection Activities
If the Interconnection Customer executes the final LGIA, GEC and Interconnection Customer shall perform their respective obligations in accordance with the terms of the LGIA.
10. CONSTRUCTION OF THE FACILITIES
10(a) Schedule
GEC and Interconnection Customer shall negotiate in good faith concerning a schedule for the construction of the GEC Interconnection Facilities and the Network Upgrades.
10(b) Construction Sequencing
In general, the In-Service Date of the Interconnection Customer’s seeking interconnection to GEC Transmission System will determine the sequence of construction of Network Upgrades.
10(c) Amended Interconnection Feasibility/System Impact Study
An Interconnection Feasibility/System Impact Study will be amended to determine the facilities necessary to support the requested In-Service Date. The amended study will include those transmission and Large Generation Facilities that are expected to be in service on or before the requested In-Service Date. The Interconnection Customer shall be responsible and pay for any amendment to the System Impact Study.
10(d) Payment
Upon the completion of the Facilities Study, the Interconnection Customer will have 60 Calendar Days to make a deposit for the entire cost of constructing the interconnection facilities. These costs will be outlined in the Facilities Study. Any unspent portion of the deposit will be refunded after full completion and final accounting of the facility construction.
The Interconnection Customer shall reimburse GEC for all Interconnection Costs resulting from interconnecting with the Project.
After completion of required interconnection facilities, as outlined in the Facilities Study, GEC will require execution of a Transmission Service Agreement, in accordance with applicable policies and regulations then in effect.
11. ENVIRONMENTAL COMPLIANCE
11(a) Compliance with Applicable Laws
The Interconnection Customer shall comply and stay in compliance with all State and Federal regulations and the National Environmental Policy Act (“NEPA”). In addition, the Interconnection Customer must consult with all appropriate State agencies and Tribal offices having oversight of historic preservation if any potential impacts to cultural resources exist. GEC may require copies of all documentation related to compliance with regulations from agencies and Tribes having jurisdiction or affected by the project.
11(b) Failure to Comply
Applicant’s failure to comply with the above requirements in Section 11(b) will be deemed grounds for GEC to consider the Interconnection Request Withdrawn, null and void, and to remove Interconnection Customer’s Interconnection Request from GEC’s Interconnection Queue.
12. MISCELLANEOUS
12(a) Confidentiality
Confidential Information shall include, without limitation, all information relating to a Party’s technology, research and development, business affairs, and pricing, and any information supplied by either of the Parties to the other prior to the execution of an LGIA; provided, however, this Policy and these confidentiality provisions do not apply to any information exchanged between the parties prior to GEC’s development of this Policy or governed under a separate confidentiality agreement.
Information is Confidential Information only if it is clearly designated or marked in writing as confidential on the face of the document, or, if the information is conveyed orally or by inspection, if the Party providing the information orally informs the Party receiving the information that the information is confidential.
If requested by either Party, the other Party shall provide in writing, the basis for asserting that the information referred to in this Section warrants confidential treatment, and the requesting Party may disclose such writing to a Government Authority. Each Party shall be responsible for the cost associated with affording confidential treatment to its information.
(1) Scope
Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of the LGIA; or (6) is required, in accordance with Section 12(a)(6), Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under the LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Party that it no longer is confidential.
(2) Release of Confidential Information
Neither Party shall release or disclose Confidential Information to any other person, except to its employees, consultants, or to parties who may be or considering providing financing to or equity participation with Interconnection Customer, or to potential purchasers or assignees of Interconnection Customer, on a need-to-know basis in connection with these procedures, unless such person has first been advised of the confidentiality provisions of this Section 12(a) and has agreed to comply with such provisions. Notwithstanding the foregoing, a Party providing Confidential Information to any person shall remain primarily responsible for any release of Confidential Information in contravention of this Section 12(a).
(3) Rights
Each Party retains all rights, title, and interest in the Confidential Information that each Party discloses to the other Party. The disclosure by each Party to the other Party of Confidential Information shall not be deemed a waiver by either Party or any other person or entity of the right to protect the Confidential Information from public disclosure.
(4) No Warranties
By providing Confidential Information, neither Party makes any warranties or representations as to its accuracy or completeness. In addition, by supplying Confidential Information, neither Party obligates itself to provide any particular information or Confidential Information to the other Party nor to enter into any further agreements or proceed with any other relationship or joint venture.
(5) Standard of Care
Each Party shall use at least the same standard of care to protect Confidential Information it receives as it uses to protect its own Confidential Information from unauthorized disclosure, publication or dissemination. Each Party may use Confidential Information solely to fulfill its obligations to the other Party under these procedures or its regulatory requirements.
(6) Order of Disclosure
If a court or a Government Authority or entity with the right, power, and apparent authority to do so requests or requires either Party, by subpoena, oral deposition, interrogatories, requests for production of documents, administrative order, or otherwise, to disclose Confidential Information, that Party shall provide the other Party with prompt notice of such request(s) or requirement(s) so that the other Party may seek an appropriate protective order or waive compliance with the terms of the LGIA. Notwithstanding the absence of a protective order or waiver, the Party may disclose such Confidential Information which, in the opinion of its counsel, the Party is legally compelled to disclose. Each Party will use Reasonable Efforts to obtain reliable assurance that confidential treatment will be accorded any Confidential Information so furnished.
(7) Remedies
The Parties agree that monetary damages would be inadequate to compensate a Party for the other Party's Breach of its obligations under this Section 12(a). Each Party accordingly agrees that the other Party shall be entitled to equitable relief, by way of injunction or otherwise, if the first Party Breaches or threatens to Breach its obligations under this Section 12(a), which equitable relief shall be granted without bond or proof of damages, and the receiving Party shall not plead in defense that there would be an adequate remedy at law. Such remedy shall not be deemed an exclusive remedy for the Breach of this Section 12(a), but shall be in addition to all other remedies available at law or in equity. The Parties further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business interests and are reasonable in scope. No Party, however, shall be liable for indirect, incidental, or consequential or punitive damages of any nature or kind resulting from or arising in connection with this Section 12(a).
(8) Limited Disclosure
Subject to the exception in Section 12(a), any information that a Party claims is competitively sensitive, commercial or financial information ("Confidential Information") shall not be disclosed by the other Party to any person not employed or retained by the other Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing Party to be required to be disclosed in connection with a dispute between or among the Parties, or the defense of litigation or dispute; (iii) otherwise permitted by consent of the other Party, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this LGIP or as a transmission service provider to a subregional, regional or national reliability organization or planning group. The Party asserting confidentiality shall notify the other Party in writing of the information it claims is confidential. Prior to any disclosures of the other Party's Confidential Information under this subparagraph, or if any third party or Governmental Authority makes any request or demand for any of the information described in this subparagraph, the disclosing Party agrees to promptly notify the other Party in writing and agrees to assert confidentiality and cooperate with the other Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.
(9) Treatment of Unneeded Confidential Information
GEC shall, at Interconnection Customer's election, destroy, in a confidential manner, or return the Confidential Information provided at the time of Confidential Information is no longer needed.
12(b) Delegation of Responsibility
GEC may use the services of subcontractors as it deems appropriate to perform its obligations under this Policy. GEC shall remain primarily liable to the Interconnection Customer for the performance of such subcontractors and compliance with its obligations of this Policy. The subcontractor shall keep all information provided confidential and shall use such information solely for the performance of such obligation for which it was provided and no other purpose.
12(c) Obligation for Study Costs
GEC shall charge and Interconnection Customer shall pay the actual costs of the Interconnection Studies and GEC’s administrative costs associated with those studies. Any difference between the study deposit and the actual cost of the applicable Interconnection Study and administrative costs shall be paid by or refunded, except as otherwise provided herein, to Interconnection Customer or offset against the cost of any future Interconnection Studies associated with the applicable Interconnection Request prior to beginning of any such future Interconnection Studies. Any invoices for Interconnection Studies shall include a detailed and itemized accounting of the cost of each Interconnection Study. Interconnection Customer shall pay any such undisputed costs within thirty (30) Calendar Days of receipt of an invoice. If Interconnection Customer disputes any costs, Interconnection Customer must pay all disputed and disputed amounts due pending resolution of the dispute. GEC shall not be obligated to perform or continue to perform any studies unless Interconnection Customer has paid all undisputed and disputed amounts in compliance herewith.
12(d) Third Parties Conducting Studies.
GEC may use a third party consultant to perform any of the Interconnection Studies, either in response to a general request of the Interconnection Customer, or on its own volition.
GEC may use third parties to conduct studies if it determines that doing so will help maintain or accelerate the study process for the Interconnection Customer's pending Interconnection Request and not interfere with GEC's progress on Interconnection Studies for other pending Interconnection Requests. In cases where the Interconnection Customer requests use of a third party consultant to perform such Interconnection Study, Interconnection Customer and GEC shall negotiate all of the pertinent terms and conditions, including reimbursement arrangements and the estimated study completion date and study review deadline. Transmission Provider shall convey all work papers, data bases, study results and all other supporting documentation prepared to date with respect to the Interconnection Request as soon as soon as practicable upon Interconnection Customer's request subject to the confidentiality provision in Section 12(a). In any case, such third party contract may be entered into with either the Interconnection Customer or GEC at GEC's discretion.
12(e) Dispute Resolution
If either GEC or Interconnection Customer has a dispute, or asserts, that arises out of or in connection with the LGIA or this Policy, or their performance, that party (the “Disputing Party”) shall provide the other party with written notice of the dispute or claim (“Notice of Dispute”). Such notice or dispute shall be referred to the designated senior representative of each party for resolution on an informal basis as promptly as practical after receipt of the Notice of Dispute by the other party.
If the designated representatives are unable resolve the claim or dispute through unassisted or assisted negotiations within thirty (30) Calendar Days of the other party’s receipt of the Notice of Dispute, each party may exercise whatever rights and remedies it may have in equity or at law consistent with this Policy.
During any dispute GEC may suspend its performance of any activities under this Policy related to the disputing Interconnection Customer’s Interconnection Request.
Attorney Fees: If a suit or action instituted by either of the parties to resolve a dispute regarding any of the provisions of the Agreement. The prevailing party in such a suit or action shall be reimbursed for its costs, disbursements, and reasonable attorney fees.
12(f) Insurance
The Interconnection Customer, at its sole cost and expense, shall obtain and maintain an insurance policy that provides “broad form” liability insurance coverage naming GEC as an additional insured entity, and covering the operations of the Interconnection Customer and its associated equipment for not less than $10,000,000. Satisfactory evidence of such insurance shall be provided to GEC before the Interconnection Customer will be allowed to operate pursuant to an Interconnection Agreement, and annually thereafter.
