ATTACHMENT 2
A2-1
APPENDIX D
BURBANK WATER AND POWER
Electrical Interconnection and Metering Agreement
for Electric Generating Facilities and/or Battery Energy Storage Systems up to 5MW
Customer seeks permission to interconnect and operate Electric Generating Facilities (EG) or stand- alone Battery Energy Storage Systems (BESS), including vehicle-to-grid technology, of up to 5.0 MW or combination of both EG and BESS onsite at a customer’s premises in parallel with the Burbank Water and Power (BWP) Distribution System in order to serve a portion or all of the Customer’s electrical loads. The term “BWP Distribution System” means all electrical wires, wires, equipment, and other facilities owned or provided by BWP other than customer -owned interconnection f acilities, by which BWP provides electrical distribution service to its customers, including the Customer.
Section 1. Generating Facility
1.1 Combined EG System Inverter Rating (kW): __________________________________
1.2 Battery Energy Storage System Combined AC inverter rating (kW): _______________
1.3 Battery Energy Storage System Rated Capacity (kWh):__________________________
1.4 Facility Address: _________________________________________________________
1.5 Customer’s Phone Number ( )_____________________________________________
1.6 BWP Utility Account Number: ______________________________________________
Section 2. Terms and Conditions
Customer understands and agrees that:
1. Except for momentary testing during installation, the Generating Facility described in Section 1 above shall not be interconnected and operated in parallel with BWP’s Distribution System until the Customer has received a “Permission to Operate” Letter from BWP authorizing such connection and operation.
2. The Generating Facility shall conform to all applicable electrical generating system safety and performance standards as outlined in BWP Rules and Regulations section 2.91 which are available on the BWP website at: https://www.burbankwaterandpower.com/electric/rules-and-regulations;
3. Rates for electrical service and any applicable compensation for excess energy produced by the Generating Facility shall be defined in the applicable rate schedule set forth in the City of Burbank rate schedule as it may be amended from time to time;
4. The Customer grants to BWP the exported solar energy, including any associated environmental attributes or renewable energy credits (RECs) associated therewith (“green power rights”). The Customer agrees to execute and provide such documentation and information to BWP as may be required in order for BWP to report and claim such green power rights under law. The Customer gives up any right to sell the green label associated with the power generated by the solar ATTACHMENT 2
A2-2
generating facility to any third party, and grants BWP the sole right to claim the green power label for renewable portfolio standard and other reporting purposes, including all federal, state, and local regulatory bodies; provided, however, that the foregoing shall not apply if the Customer has elected in writing to keep the RECs associated with their Generation Facility. The Customer may claim the green power generated by the Customer’s generating facility and that is consumed on the Customer’s premises for promotional, LEED, and green building certification purposes. It should be noted that for customers that cannot use RECs for promotion, LEED, or green building certification purposes, there is no value or use for the REC to the Customer, but BWP can use the REC for its renewable portfolio obligations.
5. Customer shall indemnify and hold the City of Burbank (“City”), its directors, officers, agents and employees harmless against all loss, damage, expense and liability to third persons for injury to or death of persons or injury to property caused by or arising out of the design, construction, installation, ownership, maintenance, or operation of the Generating Facility, provided that Customer’s indemnity obligation shall not apply to any loss, damage, expense or liability caused by or arising out of the sole negligence or willful misconduct of the City or its directors, officers, agents and employees. Customer shall, upon the City’s request, defend any suit asserting a claim covered by this indemnity.
6. Customer hereby acknowledges and agrees that the City of Burbank (including any of its departments, employees, officers or agents) shall not be liable to customer for costs of procurement of substitute goods or services; lost profits; lost sales or business expenditures; investments; commitments in connection with any business; loss of any goodwill, or for any indirect, special, incidental, or consequential damages arising out of or related to this agreement, however caused, on any theory of liability, and whether or not the City of Burbank has been advised of the possibility of such damage.
7. The laws of the State of California shall govern this Agreement.
8. Any amendments or modifications to this Agreement shall be in writing and agreed to by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant unless such waiver is in writing.
9. This Agreement shall be in effect when signed by the Customer and BWP. This Agreement shall remain in effect until terminated as provided herein. Upon termination, the Generating Facility shall be permanently disconnected from the BWP distribution system. Customer may terminate this Agreement at any time upon providing thirty (30) days prior written notice to BWP. BWP may terminate this Agreement for Customer’s breach of any material term. BWP shall give thirty (30) days written notice of such termination to Customer. When necessary to protect the safety of its employees or the general public, notice of less than thirty days may be given, provided the notice period is reasonable under the circumstances.
10. This Agreement is personal to Customer and may not be assigned without the written consent of BWP.
11. This Agreement contains the entire understanding between the Parties and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between ATTACHMENT 2
A2-3
the Parties with respect to the subject matter hereof. There are no other promises, terms, conditions, obligations, understandings, or agreements either written or oral between the Parties with respect to the subject matter hereof. Any amendment, alteration or modification to this Agreement shall be in writing and approved by both Parties.
12. This Agreement is and shall be binding on all successors and assigns of each of the Parties hereto without the necessity of any further documentation.
Customer Burbank Water and Power
___________________________ __________________________ Signature Signature
___________________________ __________________________ Print Name Print Name, Title
___________________________ __________________________ Date Date