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RESOLUTION NO. 22-7 <br />BOARD OF COMMISSIONERS <br />ELK RIVER MUNICIPAL UTILITIES <br />A RESOLUTION ADOPTING ELK RIVER MUNCIPAL UTILITIES RULES GOVERNING THE <br />INTERCONNECTION OF COGENERATION AND SMALL POWER PRODUCTION FACILITIES <br />WHEREAS the City of Elk River ("City") is served by Elk River Municipal Utilities ("ERMU"), which <br />is committed to providing customers with reliable and affordable power; and <br />WHEREAS the purpose of the Rules Governing the Interconnection of Cogeneration and Small <br />Power Production Facilities ("Rules") is for ERMU to implement certain provisions of Minnesota <br />Statutes Section 216B.164, the Public Utility Regulatory Policies Act of 1978, and Federal Energy <br />Regulatory Commission regulations related to customer -owned distributed energy resources; <br />and <br />WHEREAS ERMU Commission is now adopting these Rules to replace a previously adopted <br />similar version of these Rules and their accompanying, "Policy Regarding Distributed Energy <br />Resources and Net Metering;" and <br />WHEREAS the original adoption of these Rules established that, in accordance with Minnesota <br />Statutes Section 216B.164, subdivision 9, everywhere in that section, the term "commission" <br />appears, it refers to the ERMU Commission and, so, the ERMU Commission may resolve <br />disputes relating to the provisions of §216B.164 as they apply to ERMU; and <br />WHEREAS these Rules shall be implemented to give the maximum possible encouragement to <br />cogeneration and small power production consistent with protection of the utility's ratepayers <br />and the public in accordance with Minnesota Statutes Section 216B.164, subdivision 1; and <br />WHEREAS these Rules require ERMU to file with the ERMU for its review and approval a <br />cogeneration and small power production tariff and annual updates of the rates described <br />therein; and <br />WHEREAS the cogeneration and small power production tariff includes a calculation of ERMU <br />average retail utility energy rates, and the rates at which ERMU purchases energy and capacity; <br />and <br />WHERAS all filings under these rules shall be maintained at the ERMU offices and shall be made <br />available for public inspection during normal business hours. <br />NOW THEREFORE, BE IT RESOLVED that the Elk River Municipal Utilities Commission adopts the <br />Rules Governing the Interconnection of Cogeneration and Small Power Production Facilities <br />with ERMU attached as Exhibit A to this Resolution. <br />