PART 461 CERTIFICATION FOR NEW UTILITY-SCALE SOLAR INSTALLERS : Sections Listing

TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 461 CERTIFICATION FOR NEW UTILITY-SCALE SOLAR INSTALLERS

AUTHORITY: Implementing Section 16-128A of the Public Utilities Act [220 ILCS 5/16-128A] and authorized by Sections 16-128A and 10-101 of the Public Utilities Act [220 ILCS 5/128A and 10-101].

SOURCE: Adopted by emergency rulemaking at 41 Ill. Reg. 6990, effective June 1, 2017, for a maximum of 150 days; adopted at 41 Ill. Reg. 13606, effective October 26, 2017.

 

Section 461.10  Definitions

 

Terms defined in Section 16-128A of the Act shall have the same meaning for purposes of this Part as they have under Section 16-128A of the Act, unless further defined in this Part.

 

"Act" means the Public Utilities Act [220 ILCS 5].

 

"Applicant" means an entity that files an application with the Illinois Commerce Commission requesting certification pursuant to Section 16-128A of the Act to be an installer of new solar projects.

 

"Certificate holder" means an entity that has received certification pursuant to this Part and that is in good standing with the Commission.

 

"Commission" means the Illinois Commerce Commission.

 

"Company", when used in connection with a public utility, includes any corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing such a public utility, but not municipal corporations. "Company", when used other than in connection with a public utility, includes any corporation, company, limited liability company, association, joint stock company or association, firm or partnership, but does not include municipal corporations. [220 ILCS 5/3-112]

 

"Corporation" includes any corporation, company, limited liability company, association, joint stock company or association, but not municipal corporations. [220 ILCS 5/3-113]

 

"Directly supervised" means that there is a person on-site at the new solar project who meets the qualifications to perform solar installations and who is available for consultation and review of work performed by apprentices or electrical contractors who are performing installations.

  

"Entity" means a company, corporation, person or limited liability partnership that is involved in the business of installing utility-scale generation.

 

"Illinois Community College Board" means the State coordinating board for community colleges that administers the Public Community College Act [110 ILCS 805] in a manner that maximizes the ability of the community colleges to serve their communities.

 

"Install" means to perform the electrical wiring and connections necessary to interconnect the new solar project with the electric utility's transmission or distribution system at the point of interconnection between the project and the utility. "Install" in this Part specifically does not mean:

 

Electrical wiring and connections to interconnect the new solar project performed by utility workers;

 

Electrical wiring and connections internal to the new solar project performed by the manufacturer;

 

The on-site construction and installation of a solar panel or a collector substation; or  

 

Tasks relating to construction, planning and project management performed by individuals such as an inspector, management planner, consultant, project designer or contractor for the project or their employees.

 

"NEC" means the National Electrical Code adopted by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy MA 02169 (NFPA 70), effective August 24 2016.

 

"Person" means an individual, firm, limited liability company, or co-partnership. [220 ILCS 5/3-114]

 

"Qualified person" means a person who performs installations on behalf of the certificate holder and who has completed at least one of the following programs requiring lab or field work and received a certification of satisfactory completion: an apprenticeship as a journeyman electrician from a USDOL-registered or an applicable state-agency-registered electrical apprenticeship and training program; a North American Board of Certified Energy Practitioners (NABCEP) distributed generation technology certification program; an electrical training program for in-house employees established and administered by an electric utility regulated by the Commission; or an Associate in Applied Science degree from an Illinois Community College Board-approved community college program in solar generation technology.

 

"New solar projects" means utility-scale solar projects for which the installation begins on or after June 1, 2017.

 

"USDOL-registered electrician apprenticeship program" means an electrician apprenticeship training program that is registered with the United States Department of Labor (USDOL).

 

"USDOL certification of satisfactory completion" means that the person has received a nationally recognized and portable certificate of completion from an electrician apprenticeship program that is registered with USDOL.

 

"Utility-scale solar project" has the meaning ascribed in Section 1-10 of the Illinois Power Agency Act [20 ILCS 3855/1-10].

 

Section 461.20  Applicability

 

After June 1, 2017, all entities that install new solar projects in the State of Illinois shall be certified by the Commission under this Part. A developer of new solar projects not directly employing installers or not acting as an installer need not be certified under this Part.

 

Section 461.30  Application Procedures

 

a)         The applicant shall file its application for certification under this Part and provide all information required by this Part.

 

b)         Contents of documents filed by applicants shall be consistent with Subpart B of the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

c)         Applications for certification shall be submitted with the appropriate fee payment (see Section 461.110). 

 

d)         Applications for certification shall be filed with the Chief Clerk of the Commission and shall be verified pursuant to Section 200.130 of the Commission's Rules of Practice (83 Ill. Adm. Code 200.130). Applications by a corporation shall be verified by a corporate officer.

 

e)         An entity may complete the certification process after completing an installation of a new utility-scale solar project. 

 

Section 461.40  Required Application Information

 

Applications for certification under this Part shall contain the following information:

 

a)         The applicant's name (including d/b/a, if any), street address, telephone number, facsimile number, website, and e-mail address. The applicant shall provide the business name as it appears on its Illinois Secretary of State's Office registration. The applicant shall provide the business name as it appears on its Illinois Secretary of State's Office registration, including any and all assumed business names. This information shall be kept current and any change shall be filed with the Chief Clerk of the Commission at the Commission's Springfield office within 15 days after the change occurs;

 

b)         Contact information, including names, addresses, telephone numbers, facsimile numbers and e-mail addresses, for persons or entities responsible for issues related to processing the application;

 

c)         The applicant's Federal Employer Identification Number (FEIN) or Taxpayer Identification Number (TIN), as applicable;

 

d)         A certification that the applicant will comply with informational and reporting requirements established by this Part;

 

e)         A statement that the applicant agrees to accept service by electronic means as provided for in 83 Ill. Adm. Code 200.1050.

 

Section 461.50  Certification Requirements

 

An applicant shall be certified if the applicant certifies that:

 

a)         It will remain in compliance with all applicable laws and regulations and Commission rules and orders, including, but not limited to, the requirements of Sections 16-128(a) and 16-128A of the Act and this Part.

 

b)         It will ensure that its employees, agents or contractors, or the employees, agents or contractors of any entity, agent or contractor with which it has contracted to install new solar projects within the State of Illinois, shall:

 

1)         Comply with applicable building and electrical codes, including those contained in the NEC;

 

2)         Comply with manufacturer's installation instructions;

 

3)         Install only new solar projects that meet recognized industry standards; and

 

4)         Ensure that all obligations required under this Part and Sections 16-128(a) and 16-128A of the Act are met prior to placing into, or returning into, use any new solar project that the certificate holder installed.

 

c)         It will comply with applicable licensing and municipal bonding requirements to do business in the State of Illinois.

 

d)         Every installation of a new solar project will be performed only by:

 

1)         a qualified person; 

 

2)         an electrical contractor who is not a qualified person, provided he/she is directly supervised by a qualified person; or

 

3)         a person who is not a qualified person but is enrolled in a training program that, upon satisfactory completion, will meet the requirement to become a qualified person provided he/she is directly supervised by a qualified person.

 

e)         It is licensed to do business in the State of Illinois.

 

Section 461.60  Certifications Conditioned Upon Compliance

 

Each certification issued to an applicant is conditioned upon compliance with the provisions of this Part and Sections 16-128(a) and 16-128A of the Act.  Violation of this Part or the Act makes the certificate holder subject to penalties and/or fines, including suspension or revocation of its certificate issued under this Part, or a combination of these or other sanctions available under the Act.

 

Section 461.70  Annual Recertification and Reporting

 

a)         A certificate holder shall recertify annually to remain in good standing with the Commission.  Recertification involves submitting a Recertification Report that includes the information required by subsection (c) and, for any late reports, any applicable late fees (see Section 461.110).

 

b)         By June 1 of each year, each certificate holder shall submit a Recertification Report identified with the name of the certificate holder as it appears in the most recent Commission order granting certification under this Part. The report shall be filed with the Chief Clerk of the Commission and shall be verified by a corporate officer pursuant to 83 Ill. Adm. Code 200.130 (the Commission's Rules of Practice).

 

c)         The Recertification Report shall contain the following information:

 

1)         A statement certifying that the certificate holder continues to maintain the required qualifications for the service authority granted in its certificate;

 

2)         A statement confirming the certificate holder's continuing compliance with all requirements set forth in this Part and Sections 16-128(a) and 16-128A of the Act; and

 

3)         The name, telephone number, email address and mailing address of at least one person who is designated by the certificate holder to address questions pertaining to the report.

 

d)         A certificate holder that does not submit a Recertification Report within 30 days after the June 1 annual recertification date is subject to late fees (see Section 461.110).

 

Section 461.80  Complaint Procedures

 

Complaints regarding the Commission's enforcement of this Part and Sections 16-128(a) or 16-128A of the Act shall be filed in conformance with 83 Ill. Adm. Code 200.160 and 200.170 and 83 Ill. Adm. Code 280.170.  The complaint shall comply with the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

Section 461.90  Commission Oversight

 

a)         Upon complaint or on the Commission's own motion, the Commission may investigate all activities subject to this Part or Section 16-128(a) or 16-128A of the Act, including violations of this Part or those statutes.

 

b)         If, after notice and hearing, the Commission determines that an entity has or is installing new solar projects without Commission certification despite being notified by the Staff of the Commission to complete the certification process, the Commission shall issue penalties for noncompliance.

 

Section 461.100  Maintenance of Records

 

The applicant or certificate holder shall agree to adopt and follow procedures ensuring that documentation regarding the installation of new solar facilities is retained for a period of not less than 3 calendar years after the calendar year in which it was created.  These records shall be made available by request to the Commission on a confidential and proprietary basis.

 

Section 461.110  Fees

 

a)         The following fees shall apply:

 

1)         Application for certification                                                   $3,500

 

2)         Annual recertification                                                             None

 

3)         Returned check fee                                                                 $25

 

4)         Late filing annual Recertification Report                               $10/day

(minimum $100, maximum $1,000)

 

b)         All fees are nonrefundable.

 

c)         All fees under this Part shall be paid by certified check, cashier's check or money order made payable to "Illinois Commerce Commission/Solar Certification".  Each payment shall be accompanied by documentation identifying what fee is being paid, the applicant's or certificate holder's name, address and Federal Employer Identification Number (FEIN)/Taxpayer Identification Number (TIN).