Regulations of Connecticut State Agencies
(a) Any private power producer who seeks exemption from the requirements of Section 16-243a-5 of these regulations shall file all of the information required by Section 16-243a-5 (b) of these regulations, and shall state grounds for the request for exemption. The following types of proposals are exempt from the process established in these regulations:
(1) Projects of a name plate capacity between 100 kilowatts and 1000 kilowatts;
(2) Projects for which proposed pricing arrangements do not exceed projected annual avoided costs of the avoided resource of the electric public service company as determined by Section 16-243a-2 (b) (2) of these regulations;
(3) Projects of five megawatts or less fueled by a renewable resource other than wood;
(4) Resource recovery projects which seek pricing under the provisions of Section 16-243a of the Connecticut General Statutes.
(b) Projects seeking pricing pursuant to Section 16-243e of the Connecticut General Statutes shall not be subject to these regulations and will be considered by the Department on an individual basis.
(c) Any private power producer requesting exemption from the requirements of Section 16-243a-5 of these regulations shall file all of the information specified in Section 16-243a-5 (b) (3) (A) through (G) of these regulations with the Department and the electric public service company. The Department shall act on such contract within one hundred and twenty days from the date of filing the information in full, if it finds that the filing demonstrates that:
(1) the private power producer meets the standards for exemption specified in Section 16-243a-7 (a) of these regulations, and
(2) the preliminary information indicates that the project is technically and economically feasible, and
(3) the contract term is consistent with the probable useful life of the project and is not greater than thirty years, and
(4) the pricing terms, on a cumulative present worth basis, are projected to result in payments less than or equal to one hundred percent of the avoided costs of the electric public service company, and
(5) the proposal contains a security provision which is expected to provide for cash or cash equivalent security equal to at least ten percent of proposed front loaded payments for projects utilizing renewable resources, and twenty percent of proposed front loaded payments for other projects, and
(6) the proposed contract does not contain any provisions which differ from the standard contract(s) currently approved by the Department, or the contract has been agreed upon by the electric public service company and the private power producer and does not contain any provisions which are likely to have a significant adverse impact on the electric public service company or its ratepayers.
(d) The avoided costs used for evaluating projects under Section 16-243a-7 (c) of these regulations shall be the most recent determination of avoided costs approved by the Department.
(e) The electric public service company shall provide information to private power producers who are requesting exemption from the requirements of Section 16-243a-5 as required in Section 16-243a-5 (a) (2) of these regulations.
(f) The Department may at any time approve, deny or modify any project which seeks an exemption pursuant to this section. The Department may also suspend at any time the exemptions permitted by this section.
(g) The Department may rule on a case by case basis on any requests for exemption from these regulations by private power producers. The Department makes no specific categorical exemptions for private power providers at this time.
(Effective October 26, 1989)