US FERC 18 CFR 35.28 Small Generator Interconnection Guide

Key Takeaways

• FERC mandates a non-discriminatory open access transmission tariff.
• Public utilities must adopt standard interconnection procedures and agreements.
• Transmission providers face penalties for missed interconnection study deadlines.
• Utilities can request waivers for interconnection requirements for good cause.
• The regulation addresses distributed energy resource aggregation telemetry.

Understanding US FERC 18 CFR 35.28 for Small Generator Interconnection

The Federal Energy Regulatory Commission (FERC) regulation 18 CFR 35.28 establishes critical rules for the interconnection of generators to the transmission grid in the United States. This framework ensures non-discriminatory access and standardizes procedures for both large and small generation facilities. These rules apply to all public utilities that offer open-access transmission services under FERC jurisdiction.

Open Access and Standard Interconnection Mandates

FERC requires public utilities to maintain a non-discriminatory open access transmission tariff. This tariff must include standard interconnection procedures and agreements. The regulation specifically mandates the inclusion of standard small generator interconnection procedures and agreements. This ensures that all generators, including small-scale solar and battery projects, have a clear pathway to connect to the grid.

Any deviation from these standard procedures must demonstrate consistency with the principles set forth in Commission rulemaking proceedings. The non-public utility procedures for tariff reciprocity compliance are also applicable to these standard interconnection procedures.

Interconnection Study Deadline Penalties

To address delays in connecting new generation, 18 CFR 35.28 includes provisions for interconnection study deadline penalties. A public utility that conducts interconnection studies is liable for penalties if it fails to complete a study by the appropriate deadline. These penalties are defined under the interconnection procedures and agreements adopted by the Commission-approved independent system operator (ISO) or regional transmission organization (RTO). This mechanism aims to incentivize timely study completion and reduce interconnection queue backlogs.

Interconnection Customer Facilities Waivers and Priority Rights

The regulation allows public utilities to file a request for a waiver of all or part of the interconnection requirements. This waiver can be granted for good cause shown.

Furthermore, the Commission considers it in the public interest to grant priority rights to owners or operators of interconnection facilities. This applies when they can demonstrate specific plans with milestones to use the capacity for future generation projects. For the first five years after the commercial operation date of these facilities, the Commission applies a rebuttable presumption that the owner or operator has definitive plans to use the capacity. This provision supports long-term planning and investment in interconnection infrastructure.

Distributed Energy Resource Aggregation

18 CFR 35.28 also addresses the integration of distributed energy resources (DERs). It specifies metering and telemetry system requirements for distributed energy resource aggregations. This supports FERC Order 2222, which aims to enable DERs to participate in wholesale electricity markets. Commission-approved ISOs and RTOs must have an open access transmission tariff on file for transmission services, including ancillary services, over their facilities.