20 Va. Admin. Code § 5-340-10

Current through Register Vol. 41, No. 10, December 30, 2024

Section 20VAC5-340-10 - Applicability

A. This chapter is promulgated pursuant to §§ 56-594.3 and 56-594.4 of the Code of Virginia. The provisions of this chapter apply to Phase I Utilities, Phase II Utilities, subscriber organizations, and subscribers. The provisions of this chapter govern the development of shared solar facilities and participation in the shared solar program.

B. For a Phase I Utility, the maximum aggregate capacity of the shared solar program shall be 50 megawatts or 6.0% of peak load, whichever is less.

C. For a Phase II Utility, part one aggregate capacity of the shared solar program shall be 200 megawatts. The program shall be expanded as part two by up to 150 megawatts upon a State Corporation Commission determination in response to a notification filed consistent with 20VAC5-340-40 G that at least 90% of the part one aggregate capacity has been subscribed and that project construction is substantially complete. In part two of the shared solar program, no more than 51% of up to 75 megawatts of aggregated capacity shall serve low-income customers.

D. Any shared solar facility may colocate on the same parcel of land as another shared solar facility only if such facilities are owned by the same entity and do not exceed an accumulative maximum capacity of 5,000 kilowatts among all such facilities. Such facilities will also be responsible for any special interconnection arrangements with the utility.

E. Customers participating in this program shall remain in the customer's present customer class but may not participate in the multi-family solar program, pursuant to Chapters 1187, 1188, 1189, and 1239 of the 2020 Acts of Assembly, or the net metering program, pursuant to 20VAC5-315, while participating in this program.

F. A Phase I Utility must file any tariffs, agreements, or forms necessary for implementation of the program by July 1, 2025. A Phase II Utility must file updated tariffs, agreements, or forms necessary for implementation of the program by December 1, 2025. Subscriber organizations may apply for licenses, register projects, interact with potential customers, and otherwise develop shared solar projects beginning in 2021.

G. The provisions of this chapter shall be deemed not to prohibit the Phase I Utility or Phase II Utility, in emergency situations, from taking actions it is otherwise authorized to take that are necessary to ensure public safety and reliability of the distribution system. The State Corporation Commission, upon a claim of inappropriate action or its own motion, may investigate and take such corrective actions as may be appropriate.

H. A request for a waiver of any of the provisions in this chapter shall be considered by the State Corporation Commission on a case-by-case basis and may be granted upon such terms and conditions as the State Corporation Commission may require.

20 Va. Admin. Code § 5-340-10

Derived from Virginia Register Volume 37, Issue 11, eff. 1/1/2021; Amended, Virginia Register Volume 41, Issue 09, eff. 1/1/2025.

Statutory Authority: §§ 12.1-13 and 56-594.3 of the Code of Virginia.