Distributed Generation Interconnection Agreement
Distributed Generation Interconnection Agreement
The Distributed Generation Interconnection Agreement (the “Agreement”) is made and entered into this
(day) of (month), (year) by and
between K-Electric Limited (KE) hereinafter called “KE” and hereinafter
called the “Applicant”. Applicant shall be a 3 phase 400 V or 11 kV consumer of KE. KE and the Applicant are
hereinafter collectively referred to as the “Parties” and individually as a “Party”.
Recitals
NOW THEREFORE, in consideration of the foregoing Recitals and for good and valuable consideration,
the KE and Applicant agree as follows:
1. Design Requirement
The DG Facility shall be installed in compliance with NEPRA (Alternative & Renewable Energy)
Distributed Generation/Net Metering Regulations 2015.
KE may require that the Applicant furnish and install an interconnection disconnect switch that opens,
with a visual break, all underground poles of the interconnection circuit. The interconnection disconnect
switch shall be rated for the voltage and fault current requirements of the DG Facility, and shall meet all
the applicable IEC, IEEE Standards, as well as applicable requirements of the NEPRA Grid Code. The
switch enclosure shall be properly grounded. The interconnection disconnect switch shall be accessible
at all times, located for ease o access KE personnel, and shall be capable of being locked in the open
position. The Applicant shall follow KE’s recommended switching, clearance, tagging and locking
procedures.
Applicant shall notify KE of plans for any material modification to the DG Facility by providing at least
forty working days of advance notice. “Material Modification” is defined as any modification that
changes the maximum electrical output of the DG Facility or changes the interconnection equipment.
The notification shall consist of a completed, revised Application and such supporting documents as may
be reasonably requested by KE. Applicant agrees not to commence installation of any material
modification to the DG Facility until KE has approved the revised Application
5. Insurance, Indemnification, Liability
5.1 Distributed Generator shall obtain and maintain appropriate insurance for third party’s
personal injury and general commercial liability.
5.2 Each party as indemnitor shall defend, hold harmless, and indemnify the other party
and the directors, officers, employees, and agents of the other party against and from
any and all loss, liability, damage, claim, cost, charge, demand, or expense (including
any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand,
or expense, including attorney’s fees) for injury or death to persons, including
employees of either party, and damage to property, including property of either party,
arising out of or in connection with (a) the engineering, design, construction,
maintenance, repair, operation, supervision, inspection, testing, protection or
ownership of the indemnitor’s facilities, or (b) the making of replacements, additions,
improvements to, or reconstruction of the indemnitor’s facilities. This indemnity shall
apply notwithstanding the active or passive negligence of the indemnitee. However,
neither party shall be indemnified hereunder for its loss, liability, damage, claim, cost,
charge, demand, or expense resulting from its sole negligence or willful misconduct.
5.3 The indemnitor shall, on the other party’s request, defend any suit asserting a claim
covered by this indemnity and shall pay for all costs, including reasonable attorney fees
that may be incurred by the other party in enforcing this indemnity.
5.4 The provisions of this Section shall not be construed to relieve any insurer of its
obligations to pay any insurance claims in accordance with the provisions of any valid
insurance policy.
5.5 Except as otherwise provided in this section, neither party shall be liable to the other
party for consequential or remote damages incurred by that party.
Applicant shall notify KE in writing that installation of DG Facility is complete and that the
interconnection equipment is available for testing by KE at least fifteen working days, duly certified by
Electrical Inspector, before Applicant interconnects the DG Facility with KE’s Distribution System. KE
shall thereupon have the right to test the DG Facility. KE shall also have the right to witness any testing
by Applicant of the DG Facility. Any KE testing of the DG Facility shall be completed within ten working
days. After the testing which is to the satisfaction of both parties, the DG facility may be interconnected
with the distribution system of KE to be witnessed by representatives of both parties within thirty-eight
days.
7. Access to DG Facility
Applicant shall permit KE’s employees and agents to enter the property on which the DG Facility is
located at any reasonable time for the purposes of inspecting and / or testing Applicant’s DG Facility to
ensure its continued, safe and satisfactory operation and the accuracy of KE meters. Such inspections
shall not relieve Applicant of their obligation to maintain the DG Facility and any related equipment
owned by Applicant in safe and satisfactory operating conditions.
KE shall have the right to witness any testing by Applicant of the DG Facility.
KE may limit the operation and / or disconnect or require the disconnection of a DG Facility from KE’s
Distribution System at any time, with or without notice, in the event of fault. KE may also limit the
operation and / or disconnect or require the disconnection of DG Facility from KE’s Distribution System
upon the provision of thirty days written notice for the conditions to allow for routine maintenance,
repairs or modifications to KE’s Distribution System.
9. Disputes
Right to Appeal to Authority Nothing in this Agreement prevents Applicant from filing a petition with the
Authority to appeal any requirement imposed by KE as a condition to interconnection of DG Facility
which applicant alleges is unreasonable. In case of a dispute, the decision of the Authority shall be final
and binding on both the parties.
10. Amendments
Non-Waiver Any amendment or modification to this Agreement must be in writing and executed by
Applicant and KE. The failure of Applicant or KE to insist on performance by the other party of any
provision of this Agreement shall not waive the right of the Party who failed to insist on performance to
enforce the same provision at a later time.
The term of Agreement between Distributed Generator and KE shall be three years with effect from the
date of commissioning of DG Facility. At the expiry of initial term, the Agreement may be automatically
renewed by the mutual understanding between Distributed Generator and KE for another term of three
years and so on.
a. KE may limit the operation and / or disconnect or require the disconnection of a DG Facility
from KE’s Distribution System at any time, with or without notice, in the event of fault.
KE may also limit the operation and / or disconnect or require the disconnection of DG
Facility from KE’s Distribution System upon the provision of thirty days written notice for the
conditions stated below:
- To allow for routine maintenance, repairs or modifications to KE’s Distribution System
- Upon KE’s determination that DG Facility is not in compliance with these Rules
- Upon termination of the Agreement
a. Assignment by Applicant: Applicant shall not assign its rights and obligations under this
Agreement in whole or in part without the prior written consent of KE; which consent
shall not be unreasonably withheld or unduly delayed. KE may withhold its consent to any
proposed assignment if the proposed assignee fails to assume the obligations of
Applicant under this Agreement in writing.
b. Assignment by KE: KE shall have the right to assign this agreement in whole upon written
notification to the Applicant.
c. Successors: this Agreement shall be binding upon the personal representatives, heirs,
successors and permitted assigns of the respective Parties.
IN WITNESS WHEREOF, Applicant and KE have executed this Agreement as of the year and date first set
forth above.
Applicant’s Signature & Date KE’s Signature with Seal & Date
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