4.1 ERMUSR 02-13-2018 - Laserfiche WebLink

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11. The Utility shall compensate the customer/qualifying facility for all metered electricity produced by said qualifying facility during the thirty(30) day period during which the failure occurred,at the Utility's Generation and Transmission Supplier's avoided cost rate. 12. The Utility shall continue to pay the customer/qualifying facility for subsequent electricity produced and delivered pursuant to this distributed generation agreement, at the Utility's Generation and Transmission Supplier's avoided cost rate until: 1. The problem with the generator that caused it to operate at or above the statutory maximum capacity has been remedied;and 2. The Utility has been provided documentation adopted by a Minnesota Professional Engineer that confirms the problem with the generator has been remedied. 13. Any customer account eligible for net metering and the net billing rate may not be eligible for any other load management discounts unless agreed to by the Utility. 14. Payment for the purchase of distributed generation electricity herein shall be in the form of a credit on the customer's monthly billing invoice or paid by check or electronic payment to the customer within fifteen (15) days of the billing date,whichever is selected and indicated in the Contract. 15. The customer must be, and continue to be,current with payment on its electric account with Utility. 16. The customer must not enter into any arrangement that violates the Utility's exclusive right to provide electric service in its service area under Minnesota Statutes§2166.40. 17. In the event that the distributed generator fails to meet the requirements of this policy for a Total Generator Nameplate Capacity of less than 40 kW, and fails to satisfy the corrective requirements set forth in Section 12 above,then Utility will have the right to (1) cancel the Contract with the owner of the distributed generator,and (2)enter into a new contract with the owner of the distributed generator that, among other changes, adjusts the distributed generator's rated capacity and specifies avoided cost pricing for the distributed generator's output.To the extent that the Utility does not have the obligation to make purchases from qualifying facilities of 40 kW or greater due to transfer of the obligation to the Utility's wholesale supplier that has been approved by the Federal Energy Regulatory Commission, the new agreement will be between the Utility's wholesale supplier and the distributed generator. In either case, Utility(and as applicable Utility's wholesale supplier)and the owner of the distributed generator will cooperate in the transition from the form of contract set forth in the Utility's adopted cogeneration rules to a new form of contract appropriate to a distributed generator with a capacity of 40 kW or greater. 3 44