Section 465.35  Net Metering Application and Enrollment Procedures

a)         Each electricity provider shall establish an application form and procedures to enable eligible customers to participate in the net metering program offered by the electricity provider.

b)         An electricity provider may establish an enrollment cap of 1% of the peak demand supplied by the electricity provider in the previous calendar year in accordance with Section 16-107.5(j) of the Act. Nothing in this Part alters the authority of electricity providers to offer net metering beyond the limitations in Section 16-107.5(j) of the Act, if they so choose. Applicable electric utilities (e.g., Illinois Power Company, Central Illinois Light Company, Central Illinois Public Service Company, Commonwealth Edison Company and MidAmerican Energy Company) shall limit the number of eligible customers with generators that have a nameplate rating of 40 kilowatts and below to 200 new billing accounts until March 31, 2009.

c)         Each electricity provider shall establish an open enrollment period to receive net metering applications during the first month that net metering is available. If an electricity provider receives applications in excess of any applicable limits set forth in subsection (b), that provider shall determine enrollment priority by lottery. Applications will not be accepted prior to the start of the open enrollment period. This subsection does not prohibit an electricity provider from providing an initial preference for customers that are already participating in net billing or other programs similar to net metering that are offered by that provider.

d)         After the end of the open enrollment period, or after any applicable limit provided for in subsection (b) has been met, whichever comes first, net metering enrollment priority shall be established on a first-come, first-served basis, according to an electricity provider's date stamp indicating receipt of a completed net metering application. Applicants that applied during the open enrollment period that did not establish enrollment priority during the open enrollment period shall have their enrollment priority established in accordance with this subsection (d) based upon the date stamp of the application submitted during the open enrollment period.

e)         Each completed application for net metering services shall be in writing and shall include:

1)         The customer's name, contact information and corresponding service location where the proposed net metering generation facility or facilities are located;

2)         The name plate capacity rating of the proposed net metering generation facility or facilities; and

3)         Sufficient information to permit the electricity provider to determine whether any facility on the application qualifies as an eligible renewable electrical generating facility.

f)         Electricity providers shall provide applicants with a single point mailing address for all net metering applications to which a completed application must be sent. Electricity providers shall date-stamp each completed application upon receipt and completeness determination. Upon receipt of a completed and executed application, electricity providers shall, within 10 business days after receipt of an application or completion of an open enrollment period, notify an applicant as to whether it is authorized to participate in the electricity provider's net metering program. An electricity provider shall state, in writing, its reasons for denying a prospective net metering customer's application.  An electricity provider shall not deny a prospective net metering customer's application in a manner that violates this Part, 83 Ill. Adm. Code 466 or Section 16-107.5 of the Act.

g)         If an electricity provider denies an application due to the cap provided for in subsection (b), the electricity provider shall offer the applicant the opportunity to be placed on a waiting list. If space becomes available under the cap, due to either attrition among enrolled customers or an increase in the electricity provider's peak demand, wait-listed customers shall be processed before new applications.

h)         Any authorization to net meter shall remain effective for as long as the customer remains eligible for net metering and continues taking generation service from the electricity provider, subject to the limitations in subsections (h)(1) and (h)(2).

1)         A customer authorized to net meter under subsection (f) shall submit an executed application for interconnection, pursuant to 83 Ill. Adm. Code 466, to the electric utility within 30 business days after the date of the notification from the electricity provider pursuant to subsection (f). An electricity provider may cancel the authorization if the customer has not submitted an executed application by the required date.

2)         The following provisions apply to any electricity provider that establishes enrollment limits, as provided for in subsection (b):

A)        The electricity provider may cancel a customer's authorization to net meter if the customer has not executed an interconnection agreement pursuant to 83 Ill. Adm. Code 466 with the customer's electric utility within 12 months after receiving the interconnection agreement from the electric utility.

B)        The electricity provider must automatically extend the authorization to net meter by an additional six months for an eligible customer that has executed an interconnection agreement within 12 months after receiving the interconnection agreement from the utility, but whose eligible renewable electrical generating facility has not commenced operation and passed any applicable witness test.

C)        A customer seeking to extend the authorization to net meter for an additional six months must pay a deposit of $25 for each kilowatt of the nameplate rating of the customer's eligible renewable electrical generating facility, which shall be refunded only if the facility commences operation and passes any applicable witness test. A customer may only receive a single six-month extension.

i)          With respect to any customer that has been authorized for net metering offered by an electricity provider that is not the electric utility providing delivery service to the customer, the electricity provider must notify the electric utility of a customer's status as a net metering customer.

j)          With respect to any customer that has had its authorization for net metering canceled by an electricity provider that is not the electric utility providing delivery service to the customer, the electricity provider must notify the electric utility of the customer's status as a canceled net metering customer.