HOWARD GREELEY RURAL PUBLIC POWER DISTRICT INTERCONNECTION AND SERVICE AGREEMENT BETWEEN HOWARD GREELEY RURAL PUBLIC POWER DISTRICT AND _____________________________________ This Interconnection and Service Agreement is entered into as of ________________________, 20___, by and between Howard Greeley Rural Public Power District, a public corporation and political Subdivision of the State of Nebraska, hereinafter referred to as “HGRPPD” and ____________________________________, hereinafter referred to as “DG Operator”, and each at times singularly called ‘Party’ or collectively called ‘Parties’. WITNESSETH Whereas, HGRPPD owns and operates and electric sub-transmission and distribution system in the State of Nebraska and is engaged in the purchase, transmission, distribution and sale of electric power and energy, and Whereas, the DG Operator is installing certain electric generating facilities, from which excess generation is being purchased by HGRPPD and said purchase is addressed in an Energy Purchase Agreement which will be addressed later in this agreement between its associated rate schedules entered into simultaneously with this agreement between the DG Operator and HGRPPD, and Whereas, the Parties to this Agreement will be electrically interconnected to provide a path for the delivery of excess generation from the DG Operator’s electric generating facilities to the delivery facilities of HGRPPD. Now, therefore, in consideration of the covenants and agreements herein contained, the Parties do hereby mutually agree as follows: DEFINITIONS 1.1 The term “DG Operator Generation” shall be the output from the DG Facility to be installed and owned by the DG Operator and from which excess generation over the on-site requirements of the DG Operator is being purchased by HGRPPD. Said DG Facility output has a total generation nominally rated at_______kilowatts (KW). 1.2 The term “DG Operator Point of Delivery” shall mean that point where the DG Operator delivers excess DG Operator Generation for receipt by HGRPPD, as identified on Exhibit A to this Agreement. 1.3 The term “Metering Equipment” shall mean all equipment used to meter the amount of electrical power and/or energy delivered from HGRPPD to the DG Operator, the amount of electrical power and/or energy delivered from the DG Facility to the HGRPPD systems, and when deemed appropriate by HGRPPD, the amount of total DG Facility generation. 1.4 The term “Point of Measurement” shall mean that point(s) where the amount of electrical power and/or energy delivered from HGRPPD to the DG Operator, the amount of electrical power and/or energy delivered from the DG Facility to the HGRPPD system and the amount of DG Facility generation are metered, as identified on Exhibit A to this Agreement. 1.5 The term “Interconnection Facilities” shall mean that point where HGRPPD owned facilities interconnect with DG Facility owned Interconnection Facilities, as identified on Exhibit A to this Agreement. 1.6 The term “Interconnection Facilities” shall mean the DG Facility owned facilities necessary to facilitate the physical interconnection between HGRPPD and the DG Operator at the point of interconnection. 1.7 The term “Exhibit A” shall refer to the Exhibit which is made a part of this Agreement showing the interconnection characteristics of DG Operator Point of Delivery, Point of Measurement, Point of Interconnection, Metering Equipment, Interconnection Facilities, and any special conditions applicable to the interconnection of the DG Facility to the HGRPPD distribution system. Exhibit A may be revised from time to time by mutual agreement of the Parties hereto and when properly executed by the duly authorized officers or agents of the Parties shall become a part of this Agreement. TERM OF AGREEMENT 2.1 This Agreement shall become effective on the date first above written and shall continue in force for a period of five (5) years, unless sooner terminated in a manner herein provided. Unless prohibited by then-applicable laws or regulations, either Party may terminate this Agreement by providing at least three (3) years prior written notice, which notice can be given at any time after the second year of this Agreement. In addition, if the Energy Purchase Agreement between the DG Operator and HGRPPD is terminated or no longer valid or effective for any reason, this Agreement will terminate simultaneously. 2.2 HGRPPD shall have the right to require the DG Operator to immediately disconnect, or HGRPPD will cause to be disconnected, the generation facility without advance notice or liability if: a) there are any changes or alterations to the DG facility equipment which are unapproved by HGRPPD; b) In HGRPPD’s sole judgment, the facility has not incorporated necessary features for automatically counteracting the effect of anticipated possible sources of failure (fail-safe design); (the facility causes any electrical problem(s) with other HGRPPD customer); c) The facility may pose a risk to HGRPPD employees, customers or the general public. Should this occur, it shall give HGRPPD the right to terminate its agreement with the DG Operator and to recover from the DG Operator the cost and expenses incurred by HGRPPD. 2.3 This Agreement and all rights, obligations, and performances of the Parties hereunder, are subject to all applicable federal, state and local laws, ordinances, rules and regulations, and other duly authorized action of any governmental authority having jurisdiction over the Parties and/or their respective facilities. A Party performing work within the boundaries of the other Party’s facilities must abide by the safety rules applicable to the site. INTERCONNECTION FACILITIES 3.1 The DG Operator shall own and be responsible for the cost, design, equipment, installation, maintenance and renewals and replacements of the DG Facility and all facilities, except metering, from the DG Facility to the DG Operator Point of Delivery as identified on Exhibit A to this Agreement. The generation equipment must detect and operate the generator breaker for system disturbances or generator malfunctions. Said facilities/equipment installed must meet applicable codes for generation facilities of this size to include but not limited to, the National Electric Code, National Electric Safety Code, the Institute of Electrical and Electronics Engineers, and qualified independent testing laboratories. 3.2 HGRPPD shall make, or cause to make, the physical wiring connection at the DG Operator Point of Delivery. 3.3 The DG Operator shall own and be responsible for the design, equipment, installation, maintenance, and renewals and replacements of all facilities required to deliver the DG Operator Generation to the DG Operator Point of Delivery and Point of Interconnection, as identified on Exhibit A. These Interconnection Facilities shall include the step up transformer, the conduit and cable and synchronized switch if required by HGRPPD. (If it is over the 25 KW Net Metering). 3.4 HGRPPD shall own and be responsible for the metering equipment, riser and distribution line switch. 3.5 The DG Operator agrees to allow HGRPPD access to the DG facility under both normal and emergency conditions for the purpose of inspection and testing of the interconnection equipment. Under normal conditions, HGRPPD intends to provide advance notice of all site visits and will coordinate such visits with the DG Operator or the DG Operator’s representative. Emergency conditions may require HGRPPD access the DG facility without advance notice. 3.6 Upon termination of this Agreement, for any reason, either Party shall have the right to reclaim each party’s interconnection facilities equipment that it owns as identified on Exhibit A. 3.7 HGRPPD shall have sole authority to operate and maintain switches and other equipment located on HGRPPD owned Interconnection Facilities. 3.8 The DG Operator agrees to limit generation, to the extent requested by HGRPPD in order to facilitate operation and maintenance of Interconnection Facilities or HGRPPD distribution facilities. (For systems over 25 KW Net Metering). 3.9 The DG Operator Generation shall be capable of synchronizing with an energized HGRPPD distribution system. The synchronous switching which interconnects the generation equipment to the HGRPPD line will be completed by an automatic synchronizing device to prevent damage to equipment. Upon completion of the generator connections and prior to the initial connection to the HGRPPD system, the DG Operator and HGRPPD will jointly check phasing and rotation between the DG Facility and the utility system. 3.10 HGRPPD requires periodic testing and verification of all DG-utility interconnections. The test(s) shall verify the interconnection functions as originally approved by HGRPPD. The interconnection equipment shall be tested for conformity with the initial, ‘as installed’ test requirements. Except as may be exempted by HGRPPD, the testing shall be certified by a Professional Electrical Engineer registered in the state where the project is being constructed. If required by HGRPPD, the engineer shall be selected by the DG Operator and all engineering services shall be performed at the DG Operators expense. The DG Operator shall also reimburse HGRPPD for the direct, actual expenses incurred by HGRPPD as a result of testing. An example of such expenses would be reimbursement for a HGRPPD crew or technician to ‘stand by’ during testing to be available in the event problems arise. 3.11 If the DG Operator, at any time after the original construction of the Interconnection Facilities, requests a change or relocation of the Interconnection Facilities for any reason, a request from the DG Operator to HGRPPD for such change shall be made at least six months prior to the date of the proposed change or relocation if it is over the 25 KW Net Metering unit. HGRPPD will provide to the DG Operator, as soon as practicable after a change or relocation request has been received, the estimated cost for the change or relocation of the Interconnection Facilities. Should The DG Operator decide to proceed with such change or relocation and prior to HGRPPD starting the work associated with the project, the parties shall agree upon the terms and conditions governing such change or relocation of Interconnected Facilities. All costs for change or relocation of the Interconnected Facilities requested by The DG Operator, including but not limited to, design, engineering, material, and installation shall be borne by The DG Operator. In the event HGRPPD is required to change or relocate Interconnection Facilities due to the action of any governmental entity having a regulatory authority over such facilities or upon request of change or relocation by HGRPPD for any reason, then the costs of the change or relocation of the Interconnection Facilities shall be borne by HGRPPD. DELIVERY POINT AND METERING 4.1 The excess DG Operator Generation shall be delivered by the DG Operator to HGRPPD at the DG Operator Point of Delivery, as defined on Exhibit A to this Agreement, and HGRPPD shall take possession of such output, as measured by metering equipment outlined on Exhibit A, at that point. 4.2 HGRPPD shall own and be responsible for the cost, equipment, installation and maintenance to provide Metering Equipment at the Point(s) of Measurement, as shown on Exhibit A. 4.3 The HGRPPD provided metering will meter the amount of electrical power and/or energy delivered from HGRPPD to the DG Operator, the amount of electrical power and/or energy delivered from the DG Facility to the HGRPPD system, and when deemed appropriate by HGRPPD, the total amount of DG Facility generation. The total amount of any power and/or energy delivered to the DG Operator shall be the amount of power and/or energy that will be charged per the applicable HGRPPD retail rate schedule, and for which the DG Operator shall be responsible to pay HGRPPD for those assessed costs. The total amount of any power and/or energy delivered to HGRPPD shall be the amount of power and/or energy that will be credited per the applicable HGRPPD Avoided Cost Rate schedule, and for such monetary amount HGRPPD may either give as a credit on a future invoice to the DG Operator or as a check from HGRPPD to the DG Operator. DELIVERY SERVICE 5.1 HGRPPD takes delivery of The DG Operator Generation at the DG Operator Point of Delivery on HGRPPD owned Interconnection Facilities. 5.2 Interconnection of the DG Facility with HGRPPD’s distribution system does not grant to the DG Operator the right to export power, nor does it constitute an agreement to wheel excess power. OWNERSHIP OF FACILITIES 6.1 Any Party having ownership of any and all equipment, and all salvageable facilities, installed on the property of the other, shall be and remain the owner of such property. INDEMNITY 7.1 The DG Operator shall provide to HGRPPD a copy of a one (1) million dollar insurance policy that is currently in effect and shall remain in effect for the term of this agreement that indemnifies and holds harmless HGRPPD, their respective directors, officers, employees, agents and representatives, from any and all losses, and any and all claims, liabilities, penalties, fines costs and expenses incurred or paid in connection with any threatened or completed demand, claim, suit, order, injunction, proceeding or other action threatened or brought against an indemnified person for any reason whatsoever including (without limitation) for the loss of or damage to any property, or for the injury, disease or death of any person, caused by (whether in whole or part), arising from, or in any manner related to any act or omission of The DG Operator, or any person acting for or on his behalf, on connection with any activity performed or undertaken pursuant to this Agreement. This agreement for indemnity shall service the expiration or other termination of this Agreement. 7.2 The DG Operator must be able to provide personal property liability insurance coverage, in the amount of $1 million, as required by HGRPPD to protect HGRPPD from all damages and claims that may arise under this Agreement. CAPTIONS 8.1 The captions of the various sections and paragraphs herein are intended for convenience of reference only and shall not define or limit any of the terms or provisions hereof. WAIVER 9.1 Any waiver at any time by a Party of its rights, or any delay in enforcing its rights, with respect to any default by the other Party hereto, or with respect to any other matter arising out of or related to this Agreement, shall not be considered a waiver with respect to any other default or matter. ASSIGNMENT OF AGREEMENT 10.1 This Agreement may not be assigned by the Parties or assumed by any successor of the Parties hereto without the written consent of the other Parties. 10.2 This Interconnection and Service Agreement and all related documents are not transferable to parties, DG facilities or DG equipment other than those identified in said documents. If the DG facility undergoes a change of DG Operatorship, or the facility is modified, any existing agreements between the previous DG Operator and HGRPPD are considered null and void. Refer to the HGRPPD Distributed Generation (DG) policies. The Approval Process for DG Installations renewal requirements for additional information. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed, in duplicate, by their Authorized officers or representatives as of the day and year first above written. Howard Greeley Rural Public Power District: By: ____________________________________ Typed Name: ____________________________ Title: ___________________________________ Date: __________________________________ DG Operator: By: ______________________________ Typed Name: ______________________ Title: _____________________________ Date: _____________________________ INTERCONNECTION AGREEMENT – EXHIBIT A BETWEEN HOWARD GREELEY RURAL PUBLIC POWER DISTRICT AND DG OPERATOR INTERCONNECTION AGREEMENT TERM Commencing: _____________________, 20____ Ending-Pursuant to Article 2 of Interconnection Agreement EXHIBIT A TERM Commencing: _____________________, 20____ Revisions: Pursuant to Article 4 of Interconnection Agreement Ending: Coincident with Interconnection Term DG OPERATOR POINT OF DELIVERY: The load side of HGRPPD metering equipment. POINT OF INTERCONNECTION: The load side of HGRPPD metering equipment. POINT OF MEASUREMENT: Meter M1: Located at the Point of Interconnection and measures all DG Operator purchases. Meter M2: Located at the Point of Interconnection and measures all DG Operator exports to HGRPPD. (Meters M1 and M2 may be a single or separate meters at the discretion of HGRPPD) Meter G: Located on/at the DG Facility and measures all DG Facility Generation (Installed at the discretion of HGRPPD) NET METERING (25 KW OR LESS) BILLING/COMPENSATION PROCEDURE Meter M-1 Quantities are billed on the appropriate Retail Rate Schedule Utility Distribution System M-2 Meter M-2 Quantities are reimbursed to the Customer at Avoided Cost per KWH Meter G Quantities are for informational use and is required to be provided by the Generator End-Use Customer Meter(s) M-1 Avoided Cost is the average wholesale power cost for any given billing period in which the generation occurred, with that amount credited to the next subsequent bill G Load DG Unit APPROVED: By: ________________________________________ Howard Greeley Rural Public Power District _________________ Date By: ________________________________________ DG Operator _________________ Date HOWARD GREELEY RURAL PUBLIC POWER DISTRICT (“HGRPPD”) APPLICATION FOR AN ELECTRIC DISTRIBUTED GENERATION (DG) PROJECT INTERCONNECTION Date: _____________________ DG Operator: _______________________________ DG Operator Address: ____________________________ ____________________________ DG Operator Phone/Contact Number: _________________________ The above DG Operator owns and operates a ______________________ operation located near ________________, Nebraska, and has determined that he will acquire, install, own and operate a ________________ __ project that will incorporate an electric generator that uses _____________ as fuel. Said project is preliminarily outlined as follows: 1. Facilities Location: _____________________________________________________________________________ _____________________________________________________________________________________ 2. Facilities Type and Size: _________________________________________________________________________ ____________________________________________________________________________________ 3. Delivery Voltage: ______________________________________________________________________________ 4. Normal Operation of Interconnection: _____________________________________________________________ 5. One line diagram attached (check one): ____ Yes ____ No If not, when will one be provided? ________________________________________ In consideration of the provisions set forth below, the DG Operator agrees as follow: (1) THE DG OPERATOR’S OBLIGATIONS TO INSTALL AND OPERATE ELECTRIC GENERATION FACILITIES 1.1 The DG Operator will acquire, install, solely own, operate, maintain, and make renewals and replacements of an electric generator having a normal output rated at _______ Kilowatts (kW), together with all the systems, equipment, facilities and other things comprising and necessary to continuously operate said generator, including (without limitation) systems, equipment and facilities for obtaining and delivering the fuel required for the electric generator. 1.2 The DG Operator will undertake, and diligently prosecute to completion, all acts necessary to install the generator and related items described in this Section, as well as the formal execution of the Interconnection and Service Agreement and Energy Purchase Agreement between HGRPPD and the DG Operator, so as to enable the on-site use of the generation from a DG Operator’s facility and to facilitate the delivery of any excess generation from said facility to HGRPPD commencing ________________, 20_____. 1.3 The DG Operator will operate and maintain the generator so that it will produce and deliver electrical energy continuously whenever fuel is available, excluding only periods of repair or maintenance that must be performed off-line. 1.4 The DG Operator will deliver and sell to HGRPPD any excess electrical output from the DG Operator’s facility pursuant to the provisions of the HGRPPD of the HGRPPD Distributed Generation Policies, the Interconnection and Service Agreement, and the Energy Purchase Agreement and its associated rate schedules. 1.5 The DG Operator will at all times cooperate with HGRPPD to facilitate the installation and maintenance of HGRPPD’s switches and other interconnecting facilities as provided for in the HGRPPD Distributed Generation Policies, and the Interconnection and Service Agreement between HGRPPD and the DG Operator. 1.6 The DG Operator will obtain and preserve in full force and effect all governmental and regulatory permits, licenses, and approvals of any kind needed at any time in connection with any act or omission undertaken or performed by the DG Operator in connection with this Application, the Interconnection and Service Agreement and Energy Purchase Agreement. 1.7 The DG Operator will at all times comply with the requirements of all present and future laws, rules, regulations, ordinances, orders or decrees of any governmental, judicial or regulatory authority relating to any act or omission undertaken or performed by the DG Operator in connection with this Application, the Interconnection and Service Agreement and Energy Purchase Agreement. 1.8 The DG Operator will obtain and review the HGRPPD Distributed Generation Policies and at all times observe and fully perform any procedures outlined in said manual, which under-takings and obligations of the DG Operator are hereby deemed by the parties to be material terms and conditions of this Application. 1.9 The DG Operator understands that in the event this DG installation/process is terminated prior to the formal execution of the Interconnection and Service and Energy Purchase Agreements between HGRPPD and the DG Operator, that any expenses incurred for this process by HGRPPD will be the responsibility of the DG Operator, and will be reimbursed to HGRPPD upon submittal to the DG Operator. (2) SUPPORT SERVICES PROVIDED BY HGRPPD 2.1 HGRPPD is willing, but not obligated, to provide services to support or facilitate the administration of the DG Operator’s electric generation project. The DG Operator may from time to time request HGRPPD to provide, and HGRPPD may agree to provide, support services in connection with the project, such as the following: a. Review and provide comments on design drawings, as-built drawings, or similar documents; b. Observe construction, installation or similar activities; c. Assist with testing and start-up of facilities; d. Provide advice, observations, comments or recommendations concerning administration or management of other aspects of project operations as might be determined by the parties. 2.2 The parties acknowledge and agree that support services provided by HGRPPD will constitute advice and input only. The DG Operator will at all times have and retain the authority, and the responsibility, to effect or approve any decision or action with respect to which support services are provided hereunder, and HGRPPD will not have, and shall not purport to exercise, any authority to effect or approve any action or decision on behalf of the DG Operator in the performance of such support services. The DG Operator shall at all times have the right to obtain support services from persons or entities other than or in addition to HGRPPD in the DG Operator’s sole discretion. 2.3 With respect to any support services that HGRPPD agrees to provide hereunder, HGRPPD will endeavor to provide such support services to the DG Operator in a diligent, timely and competent manner. However, NO WARRANTIES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABLITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO ANY SUPPORT SERVICE PERFORMED HEREUNDER. If any support services provided by HGRPPD are not provided in a diligent, timely or competent manner, then, subject to the limitation on total support set forth in this Section, the DG Operator may request that HGRPPD supplement or re-perform the deficient services. This provision to supplement or re-perform services shall be the sole and exclusive remedy with respect to support services provided (or not provided) by HGRPPD, and the same shall be in lieu of (and not in addition to) any claim for damages that might otherwise be available to the DG Operator at law or in equity on account of deficient services. The DG Operator specifically intends and agrees that HGRPPD shall not under any circumstances be liable to the DG Operator for any monetary damages, or any other or additional relief, on account of any support services provided (or not provided) by HGRPPD, whether the same are denominated as direct, indirect, incidental, consequential, legal, equitable, or otherwise. 2.4 The maximum amount of support services that HGRPPD is agreeable to provide, or that HGRPPD may be required to provide, including the aggregate of all those services performed initially and all those supplemented or re-performed as provided in paragraph 2, shall be an amount up to but not exceeding $___________ at HGRPPD’s fully accounted costs as determined by HGRPPD. (3) ACCESS TO PREMISES AND RECORDS 3.1 HGRPPD shall upon request be permitted reasonable access to the DG Operator’s premises for the purpose of performing any of HGRPPD’s obligations under this Application, the Energy Purchase Agreement, the Interconnection and Service Agreement, or those contained in the HGRPPD Distributed Generation Policies, and for the purpose of observing and inspecting the DG Operator’s facilities and the performance of any of the DG Operator’s obligations. HGRPPD agrees to comply with the safety standards and rules adopted by the DG Operator while on his premises. 3.2 The DG Operator shall prepare and maintain, and shall make available to HGRPPD upon its requests, thorough and accurate records regarding his activities in connection with the project, this Application, the Energy Purchase Agreement, and the Interconnection and Service Agreement. (4) INDEMNITY 4.1 The DG Operator hereby agrees to indemnify and hold harmless HGRPPD, its directors, officers, employees agent and representatives (each an “indemnified person”), from any and all losses, and any and all claims, liabilities, penalties, fines, costs and expenses (including attorney fees and amounts paid in settlement), judgments (including interest), and all other amounts incurred or paid in connection with any threatened or completed demand, claim, suit, order, injunction, proceeding or other action threatened or brought against an indemnified person for any reason whatsoever including (without limitation) for the loss of or damage to any property, or for the injury, disease or death of any person, or for the contamination or impairment of any natural resource or the environment, or for any other reason, caused by (whether in whole or in part), arising from, or in any manner related to any act or omission of the DG Operator, or any person acting for or on his behalf, in connection with any activity performed or undertaken pursuant to this Application. This agreement for indemnity shall survive the expiration or other termination of this Application. (5) BINDING EFFECT AND ASSIGNMENT 5.1 This Application shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither HGRPPD nor the DG Operator may assign or transfer any of its or his rights, interests, or obligations under this Application without the prior written consent of the other. 5.2 If the DG Operator shall assign, sublet or otherwise transfer any part of this Application, or any of his rights, interests or obligations hereunder, the DG Operator shall be and remain as fully responsible for any acts or omissions of such assignee or transferee as if such acts or omissions had been performed by the DG Operator. (6) NO SPECIAL RELATIONSHIP 6.1 Nothing in this Application, or in any future Interconnection and Service Agreement or Energy Purchase Agreement, shall be construed as in any way constituting or creating a partnership between or a joint venture by the parties, or any franchise, fiduciary, agency, employment or other special relationship between the parties, nor shall anything in this Application, or the Energy Purchase Agreement or the Interconnection and Service Agreement, be construed to evidence the intention of the parties to constitute or create any such relationship. DG Operator has caused this Application to be executed as of the day and year first above mentioned. DG OPERATOR: _______________________________ (Printed Name) By: __________________________________________ Title: ________________________________________ (Verification of Document Transmittal for Howard Greeley Rural Public Power District Administrative Use) Sample HGRPPD Interconnection and Service Agreement Provided: When: __________ (Date) By Whom: _______________________ (HGRPPD Rep. Initials) Received: When: __________ (Date) By Whom: _______________________ (DG Operator Rep. Initials) Sample HGRPPD DG Energy Purchase Agreement Provided: When: _________ (Date) By Whom: ________________________ (HGRPPD Rep. Initials) Received: When: _________ (Date) By Whom: ________________________ (DG Operator Rep. Initials) Sample HGRPPD DG Rate Schedule AC-1 Provided: When: _________ (Date) By Whom: _________________________ (HGRPPD Rep. Initials) Received: When: _________ (Date) By Whom: _________________________ (DG Operator Rep. Initials) HGRPPD APPLICATION APPROVED: By: ___________________________ Title: _________________________ Date: _________________________ Adopted Date: December 9, 2008 Revised Date: April 10, 2012 Revised Date: April 5, 2016 Revised Date: July 7, 2016