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Fill Your Hawaii 39A Template

The Hawaii 39A form is an essential document for individuals and entities in Hawaii looking to establish a Net Energy Metering Agreement for generating facilities with a capacity of 10 kW or less. This form outlines the necessary applicant and facility information, alongside detailed requirements for installation, certification by licensed electrical contractors, maintenance, indemnification, and metering processes associated with the connection and operation of generating facilities to the electric grid. It's a critical step for those interested in leveraging renewable energy sources, ensuring safety, legal compliance, and efficiency in energy production and usage.

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Content Overview

The Hawaii 39A form stands at the crossroads of renewable energy adaptation and regulatory compliance, offering an intricate yet essential agreement framework for individuals and entities aiming to contribute to a greener grid via net energy metering. Adopted on June 17, 2005, with subsequent revisions enhancing its provisions, this form encapsulates the net energy metering agreement specifics for systems with a capacity of 10 kW or less. It meticulously outlines the application process starting with applicant information, spanning the generating facility details including equipment specifications, system building permits, and operational parameters, and extending to the certification by licensed electrical contractors ensuring compliance with all relevant safety and performance standards. Furthermore, it addresses installation requirements with an emphasis on safety and access, outlines the protocol for alterations to the generating facility, and navigates through the maze of necessary permits and licenses. On the financial end, it delineates metering, billing, and indemnification responsibilities, thereby safeguarding both the consumer-generator and the utility company. Additionally, it fosters a clear progression towards continuity of service, personnel and system safety assurances, with clauses ensuring that the generating facility operates harmoniously within the broader electrical system without compromising on safety or integrity. Finally, it anchors the agreement in a flexible yet defined term and operationalizes a billing mechanism that fairly accounts for the electricity exchanged between the consumer-generator and the utility. This form, therefore, not only facilitates the administrative and operational integration of renewable energy sources into Hawaii's electrical grid but also embodies the regulatory foresight in nurturing an eco-friendly energy landscape..

Document Example

SHEET NO. 39A-1

Effective June 17, 2005

APPENDIX I

NET ENERGY METERING AGREEMENT

10 kW or Less

Section 1. Applicant Information

Customer-Generator

Name:_____________________________________________________________________________

Mailing Address: ____________________________________________________________________

City/State: _____________________________________, Zip Code:___________________________

Generating Facility Location (if different from above)/Tax map key ____________________________

Daytime Phone #: _____________________ Evening/Cell Phone #: __________________________

Electric Service Account #: ___________________________________________________________

Owner of Generating Facility (if different from Customer-Generator)

Name:_____________________________________________________________________________

Mailing Address: ____________________________________________________________________

City/State: _____________________________________, Zip Code:___________________________

Daytime Phone #: _____________________ Evening/Cell Phone #: __________________________

Operator of Generating Facility (if different from Customer-Generator)

Name:_____________________________________________________________________________

Mailing Address: ____________________________________________________________________

City/State: _____________________________________, Zip Code:___________________________

Daytime Phone #: _____________________ Evening/Cell Phone #: __________________________

Section 2. Generating Facility Information Power Conditioning Equipment		Energy Storage
Solar:	Rated generator capacity in kW ______Generator/Inverter Make/Model ______________. _____kWh.
	Rated photovoltaic module capacity in kWDC_____________________
Wind:	Rated generator capacity in kW _____Generator/Inverter Make/Model ___________. ________kWh.

Biomass: Rated generator capacity in kW _____Generator/Inverter Make/Model ___________. ________kWh.

Hydro: Rated generator capacity in kW _____Generator/Inverter Make/Model ___________. ________kWh.

Hybrid: Rated generator capacity in kW _____Generator/Inverter Make/Model ___________. ________kWh.

Total rated capacity in kW ______ (Shall not exceed 10 kW) Attach specification sheet if available.

Generating System Building Permit # (Certificate of Completion or Notice of Electrical Inspection?):_________

Is system self-excited with potential to island:	Yes	No
Please submit a single line diagram. Submitted:	Yes	No

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 21877 Dated June 17, 2005, Transmittal Letter Dated June 24, 2005.

SHEET NO. 39A-2

Effective June 17, 2005

Section 3. Certification by Licensed Electrical Contractor:

Generating and interconnection systems must be compliant with all applicable safety and performance standards of the National Electrical Code (NEC), Institute of Electrical and Electronic Engineers (IEEE), and accredited testing laboratories such as the Underwriters Laboratories (UL), and where applicable, the rules of the Public Utilities Commission of the State of Hawaii (“Commission”), or other applicable governmental laws and regulations, and the Electric Company's (Company) interconnection requirements, in effect at the time of signing this agreement. The following certifies that the installed generating system meets all preceding requirement(s).

Signed (Licensed Electrical Contractor): ___________________________________ Date: ________________

License Holder (printed) ____________________________Hawaii License #C: _________________________

Mail Address: ______________________________________________________________________________

City: _______________________________________, Hawaii, Zip Code: _____________________________

Daytime Phone #: ________________________Installation date: ____________________________________

Section 4. Installation: Design, installation, operation and maintenance of the Generating Facility shall include appropriate control and protection equipment and a manual load-break disconnect device lockable in the open position and accessible by the Company, as a means of electrically isolating the Generating Facility from the Company’s system, and to establish working clearance for maintenance and repair work in accordance with the Company’s safety rules and practices. This load-break disconnect device shall be furnished and installed by the Customer-Generator and is to be connected between the Generating Facility and the Company’s electric system. The disconnect device shall preferably be located in the immediate vicinity of the electric meter serving the Customer-Generator. With permission of the Company, the disconnect device may be located at an alternate location which is accessible to utility company personnel on a 24-hour basis. The Customer-Generator and/or Owner/Operator grants access to the Company to utilize the disconnect device, if needed. The Customer- Generator shall obtain the authorization from the owner and/or occupant of the premises where the Generating Facility is located that allows the Company access to the Generating Facility for the purposes specified in this Agreement. The disconnect device shall be clearly labeled “Customer-Generator System Disconnect”.

Location of lockable disconnect device, adjacent to meter?yes

If not, please describe location:_________________________________________________________________

Section 5. Notice: A Customer-Generator shall provide the Company with an advance 30-day written notice of any proposed material changes made to the Generating Facility, for example, a change in ownership or an increase in capacity. In no event may the rated generator capacity of the Generating Facility exceed 10 kW. If a Generating Facility changes ownership, the Company may require the new owner to complete a new Net Energy Metering Agreement.

Section 6. Permits and Licenses: The Customer-Generator shall obtain, at its expense, any and all authorizations, permits and licenses required for the construction and operation of its facility.

Section 7. Metering: The Company will supply, own, and maintain all necessary meters and associated equipment utilized for billing. The meters will be tested and read in accordance with the rules of the Commission and the Company. The Customer-Generator shall supply, at no expense to the Company, a suitable location for meters and associated equipment used for billing and in accordance with the Company’s tariffs. The Customer-Generator shall, at its expense, provide, install and maintain all conductors, service switches, fuses,

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 21877 Dated June 17, 2005, Transmittal Letter Dated June 24, 2005.

Superseding Revised	Sheet No. 39A-3	REVISED SHEET NO. 39A-3
Effective March 10,	2006	Effective August 18, 2008

meter sockets, meter instrument transformer housing and mountings, switchboard meter test buses, meter panels and similar devices required for service connection and meter installations on the Customer-Generator’s premises in accordance with the Company’s Rule 14, Section A.2.

Section 8. Indemnification: Each party as indemnitor shall hold harmless and indemnify the other party and the directors, officers, authorized agents, and employees of such other party against and from any and all loss and liability for injuries to persons including employees and authorized agents of either party, and damages, including property of either party, resulting from or arising out of (i) the engineering, design, construction, maintenance, or operation of, or (ii) the making of replacements, additions, or betterments to the indemnitor’s facilities which are required for the interconnection and parallel operation of the Generating Facility with the Company’s electric system and the generation of energy by the Generating Facility. Neither party shall be indemnified for liability or loss resulting from its sole negligence or willful misconduct. Nothing in this agreement shall create any duty to, any standard of care with reference to, or any liability to any person not a party to it.

Provided, however, where the Customer-Generator is an agency of the State of Hawaii (the “State”), the State shall be responsible for damages or injury caused by the State’s agents, officers, and employees in the course of their employment to the extent that the State’s liability for such damage or injury has been determined by a court or otherwise agreed to by the State. The State shall pay for such damage and injury to the extent permitted by law. The State shall use reasonable good faith efforts to pursue any approvals from the Legislature and the Governor that may be required to obtain the funding necessary to enable the State to perform its obligations or cover its liabilities hereunder. The State shall not request Company to indemnify the State for, or hold the State harmless from, any claims for such damages or injury.

Company shall be responsible for damages or injury caused by Company, Company's agents, officers, and employees in the course of their employment to the extent that Company's liability for such damage or injury has been determined by a court or otherwise agreed to by Company, and Company shall pay for such damage and injury to the extent permitted by law. Company shall not request the State to indemnify Company for, or hold Company harmless from, any claims for such damages or injury.

[FOR OWNER / OPERATOR OTHER THAN STATE AGENCY]

The Owner/Operator shall indemnify, defend and hold harmless the Company and its officers, directors, agents and employees, from and against all liabilities, damages, losses, fines, penalties, claims, demands, suits, costs and expenses (including reasonable attorney’s fees and expenses) to or by third persons, including the Company’s employees or subcontractors, for injury or death, or for injury to property, arising out of the actions or inactions of the Owner/Operator (or those of anyone under their control or on their behalf) with respect to their obligations under this Agreement, and/or arising out of the installation, operation and maintenance of the Facility and/or the Facility Parties Interconnection Facilities, except to the extent that such injury, death or damage is attributable to the gross negligence or intentional act or omission of the Company or its officers, directors, agents or employees.

Section 9. Continuity of Service: The Company may require that the Generating Facility be temporarily

curtailed, interrupted or deliveries of energy reduced: (a) when necessary in order for the Company to construct, install, maintain, repair, replace, remove, investigate or inspect any of its equipment or any part of its system; or

(b)if the Company determines that such curtailment, interruption or reduction is necessary because of a system emergency, forced outage, or compliance with good engineering practices. Whenever feasible, Company shall give Customer-Generator reasonable notice of the possibility that interruption or reduction of deliveries may be required. In any such event, the Company shall not be obligated to accept any energy from the Generating Facility except for such energy that the Company notifies the Customer-Generator that it is able to take during this period due to the aforesaid circumstances. The Company shall take all reasonable steps to minimize the number and duration of interruptions, curtailments or reductions.

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 22313, Dated March 9, 2006,

Transmittal Letter Dated July 17, 2008.

Superseding Revised	Sheet No. 39A-4	REVISED SHEET NO. 39A-4
Effective March 10,	2006	Effective August 18, 2008

Section 10. Personnel and System Safety: If at any time the Company determines that the continued operation of the Generating Facility may endanger any person or property, the Company’s electric system, or have an adverse effect on the safety or power quality of other customers, the Company shall have the right to disconnect the Generating Facility from the Company’s electric system. The Generating Facility shall remain disconnected until such time as the Company is satisfied that the endangering or power quality condition(s) has been corrected, and the Company shall not be obligated to accept any energy from the Generating Facility during such period. The Company shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility or for the acts or omissions of the Customer-Generator that cause loss or injury, including death, to any third party.

Section 11. Additional Information: The Company reserves the right to require additional information, where necessary, to serve the Customer-Generator under net energy metering service.

Section 12. Term: This agreement shall become effective upon execution by the Customer-Generator and the Company and shall continue in effect on a month-to-month basis. The Customer-Generator may terminate the agreement at any time. Company may terminate the agreement at any time if the Customer-Generator fails to comply with the terms of this agreement or meet the definition of Eligible Customer-Generator under the Company's Rule 18 relating to Net Energy Metering.

Section 13. Net Energy Metering and Billing:

A. General:

(1)The net energy metering and billing arrangement covered by the Net Energy Metering Agreement shall be governed by the Company’s Rule 18, as may be amended, revised and/or updated from time to time. If there is a conflict between any provision in the Net Energy Metering Agreement and the Company’s Rule 18, as may be amended, revised and/or updated, the provisions of the Company’s Rule 18 shall control.

(2)Customer-Generator’s with Net Energy Metering service, pursuant to the Company’s Rule 18, shall be billed monthly for the billing period, in accordance with the Company’s Rule 8. Every 12 months, a reconciliation of the Customer-Generator’s net energy consumption supplied by the Company with the net energy produced by the Generating Facility for that 12-month period will be performed as described in Section C.5. of the Company’s Rule 18.

(3)For Customer-Generators with existing Net Energy Metering service, the measurement of kilowatthours supplied by the Company and the kilowatthours produced by the Customer-Generator for the first bill of the initial 12-month period under 2005 Haw. Sess. Laws Act 104 (effective July 1, 2005) shall begin at the start date of the billing period following the effective date of the Company’s Rule 18. For all other Customer-Generators requesting Net Energy Metering service, the measurement of kilowatthours supplied by the Company and the kilowatthours produced by the Customer-Generator for the first bill of the initial 12-month period shall begin on the start date of the first billing period after the installation of the required meter(s).

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 22313, Dated March 9, 2006,

Transmittal Letter Dated July 17, 2008.

Superseding Sheet No. 39A-5	REVISED SHEET NO. 39A-5
Effective March 10, 2006	Effective August 18, 2008

B. Net Electricity Producer:

(1)When the electricity produced by the Generating Facility during a billing period exceeds the electricity supplied by the Company for the same period, the Customer-Generator is deemed to be a net electricity producer.

(2)In a billing period when the Customer-Generator is deemed to be a net electricity producer, the Customer- Generator will not be billed for the kilowatthours supplied by the Company during that billing period. For billing purposes, the Customer-Generator shall instead be charged the Minimum Charge provided in the applicable rate schedule in effect during the billing period.

(3)The excess kilowatthours produced by the Customer-Generator in each billing period, shall be carried over to the next billing period(s) within the current 12-month period, as a monetary credit and applied only to the Energy Charge, plus adjustments applicable to the Energy Charge, as well as adjustments based on kWh consumption, if any, for the Customer-Generator’s net kilowatthour consumption in the succeeding billing period within the current 12-month period. Adjustments applicable to the Energy Charge include the Power Factor Adjustment, the Supply Voltage Delivery Adjustment, the IRP Cost Recovery Adjustment, Temporary Rate Adjustment and other similar adjustments applicable to the Energy Charge that are in effect. Adjustments based on kWh consumption include the Energy Cost Adjustment, the Residential DSM Adjustment, the Commercial & Industrial DSM Adjustment, and other similar adjustments based on kWh consumption that are

in effect. When the Customer-Generator is billed the Minimum Charge in any billing period, the Customer- Generator’s cumulative net monetary credit shall not be applied to the Minimum Charge.

(4)The Customer-Generator’s cumulative net monetary credit shall also not be applied to the Demand Charge, Customer Charge, adjustments applicable to the Demand and Customer Charges and other similar rate adjustments applicable to the Demand and Customer Charges that are in effect. See Section C.3. (a-e) of the Company’s Rule 18 for the determination of monetary credit as applicable to the Customer-Generator’s rate schedule.

C. Net Electricity Consumer:

(1)When the electricity supplied by the Company to the Customer-Generator during a billing period exceeds the electricity produced by the Generating Facility for the same period, and also exceeds any unused cumulative credits for excess electricity supplied by the Customer-Generator carried over from the prior months since the last 12-month reconciliation period, the Customer-Generator is deemed to be a net electricity consumer.

(2)For billing purposes, the Customer-Generator shall be charged for the excess kilowatthours supplied by the Company based on the applicable rate schedule in effect during the billing period. The payment for excess kilowatthours supplied by the Company, however, will take into consideration any unused cumulative credits to the extent provided for in Section C.3. of the Company’s Rule 18.

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 22313, Dated March 9, 2006,

Transmittal Letter Dated July 17, 2008.

Superseding Sheet No. 39A-6	REVISED SHEET NO. 39A-6
Effective March 10, 2006	Effective August 18, 2008

(3)In a billing period in which the Customer-Generator is deemed to be a net electricity consumer, the Customer-Generator will also be billed for other applicable charges, base rate adjustments and non-base rate adjustments, to the extent the amount exceeds the Minimum Charge; if such amount does not exceed the Minimum Charge, the Customer-Generator will be billed the Minimum Charge, plus any rate adjustment that may apply to the Minimum Charge.

(4)The kilowatthours supplied by the Company and the kilowatthours produced by the Customer-Generator for each billing period shall be recorded in each billing period of the 12-month period. Coincident with the last bill of the 12-month period following the start date of the Customer-Generator’s billing under the Net Energy Metering contract, and for each 12-month period thereafter, the (i) Energy Charge plus adjustments applicable to the Energy Charge and adjustments based on kWh consumption, less any monetary credits applied during the 12-month period for net kilowatthours produced by the Customer-Generator (“Remaining Energy Charge Balance”), and (ii) the available cumulative credit balance (i.e., cumulative net monetary credit for net kilowatthours produced by the Customer-Generator for the 12-month period remaining after the subtraction of the monetary credits previously credited to the Customer-Generator during the 12-month period for net kilowatthours produced by the Customer-Generator) will be compared to determine whether the Customer- Generator is entitled to a refund of remaining Energy Charges plus adjustments applicable to the Energy Charge and adjustments based on kWh consumption. If the available cumulative credit balance equals, or exceeds the Remaining Energy Charge Balance, the Remaining Energy Charge Balance will be refunded. If the Remaining Energy Charge Balance is greater than the available cumulative credit balance at the end of the 12-month period, the amount of the refund will be capped at the available cumulative credit balance.

(5)The Energy Charge shall include the Customer-Generator’s Energy Charge for each billing period within the 12-month period, plus adjustments applicable to the Energy Charge and adjustments based on kWh consumption, except for those billing periods when the Customer-Generator was billed the Minimum Charge provided in the applicable rate schedule. Any monetary credits for excess kilowatthours produced by the Customer-Generator that remain unused at the end of each 12-month period shall expire and not be carried over to the next 12-month period. The Customer-Generator shall not be compensated for such excess kilowatthours produced by the Customer-Generator unless the Company enters into a purchase power agreement with the Customer-Generator.

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 22313, Dated March 9, 2006,

Transmittal Letter Dated July 17, 2008.

SHEET NO. 39A-7

Effective August 18, 2008

D. Other:

(1)If a Customer-Generator terminates its Net Energy Metering service under Rule 18 prior to the end of any 12-month period, the Company shall reconcile the Energy Charge, plus adjustments applicable to the Energy Charge and adjustments based on kWh consumption, less monetary credits previously applied, to the cumulative credit balance at the end of the billing period when service was terminated, similar to the reconciliation that would have been performed at the end of the normal 12-month period.

(2)The kilowatthours supplied by the Company and, if any, the kilowatthours produced by the Customer- Generator, including an accounting of the cumulative monetary credits for the excess kilowatthours produced by the Customer-Generator since the last 12-month period reconciliation, the credits applied in each billing period of the current 12-month period and the remaining unused credits, if any, will be included in the Customer- Generator’s regular billing statement.

Section 14. Customer-Generator (and/or Owner/Operator) Signature: I agree to be bound by the terms of this Net Energy Metering Agreement, and I understand that all aspects of billing for electric service will conform with existing Company Rules, the Commission’s general orders, and the applicable provisions of Hawaii Revised Statutes, Chapter 269, Part VI. I also certify that, to the best of my knowledge, all the information provided in this agreement, is true and correct.

Customer-GeneratorDate

Owner/Operator of Generating Facility ____________________________ Date ________________________

Section 15. Company Signature:

I hereby acknowledge receipt and completeness of the Net Energy Metering Agreement.

Company			By
Title					Date

HAWAIIAN ELECTRIC COMPANY, INC.

Docket No. 05-0037, D&O No. 22313, Dated March 9, 2006,

Transmittal Letter Dated July 17, 2008.

▼ PDF Form

Document Characteristics

Fact Name	Detail
Form Purpose	Appendix I Net Energy Metering Agreement for Generating Facilities 10 kW or Less
Effective Date	June 17, 2005
Governing Law	Public Utilities Commission of the State of Hawaii, National Electrical Code (NEC), IEEE standards, UL standards
Applicant Information Required	Customer-Generator Name, Mailing Address, Phone Numbers, Electric Service Account Number
Generating Facility Information	Includes Type of Power (Solar, Wind, Biomass, Hydro, Hybrid), Capacity, Make/Model, and Installation Details
Contractor Certification	Certification by Licensed Electrical Contractor required for compliance with safety and performance standards
Metering and Billing	Company supplies, owns, and maintains billing meters; Customer-Generator provides location and installation of service connection equipment
Indemnification	Both parties hold each other harmless against liabilities unless caused by sole negligence or willful misconduct; State agencies covered under state liability clauses
Termination and Continuity	Agreement is on a month-to-month basis, with provisions for termination by either party under specific conditions
Net Energy Metering and Billing	Arrangement governed by the Company’s Rule 18; includes provisions for billing as net electricity producer or consumer

Guidelines on Utilizing Hawaii 39A

Ensuring accurate completion of the Hawaii 39A form is essential for establishing a Net Energy Metering Agreement, particularly for installations of 10 kW or less. This form plays a crucial role in documenting agreement terms between the customer-generator and the Hawaiian Electric Company, covering aspects such as installation, authorization for operation, and metering requirements. To streamline the process and avoid common missteps, follow the detailed instructions below.

Start by filling in Section 1: Applicant Information. Include the full name of the customer-generator, mailing address, city, state, and zip code. If the generating facility location differs from the mailing address, specify this location and its tax map key. Enter daytime and evening or cell phone numbers, and the electric service account number. If the owner and operator of the generating facility differ from the customer-generator, provide their names, addresses, and contact information.
In Section 2: Generating Facility Information, detail the type of power conditioning equipment and energy storage, specifying the type (Solar, Wind, Biomass, Hydro, or Hybrid). Enter the rated generator and inverter make/model, the rated capacity in kW, and storage capacity in kWh. Attach the specification sheet if available and provide the generating system building permit number. Indicate whether the system is self-excited with the potential to island and whether a single-line diagram has been submitted.
For Section 3: Certification by Licensed Electrical Contractor, ensure a licensed electrical contractor signs the form, providing their printed name, Hawaii license number, and mailing address. Include their daytime phone number and the installation date. This section confirms that the installed generating system complies with all applicable safety and performance standards.
In Section 4: Installation, acknowledge that the generating facility includes appropriate control and protection equipment. Confirm the installation of a manual load-break disconnect device and indicate its location relative to the electric meter. Verify that the company has access to the disconnect device and that necessary permissions have been obtained.
Proceed to Section 5: Notice, agreeing to inform the company of any significant changes to the Generating Facility, such as changes in ownership or increases in capacity.
In Section 6: Permits and Licenses, confirm that all necessary authorizations, permits, and licenses required for the construction and operation of the facility will be obtained by the customer-generator.
Section 7: Metering, acknowledges that the company will supply and maintain the necessary meters for billing, with the customer-generator responsible for providing a suitable location for these meters.
For Section 8: Indemnification, review the terms carefully, ensuring an understanding of the liability and indemnification provisions between the parties.
In Section 9: Continuity of Service, and Section 10: Personnel and System Safety, acknowledge the conditions under which the company may require curtailment or disconnection of the generating facility.
Review Section 11: Additional Information, noting that the company may require further information to serve under the net energy metering service.
Under Section 12: Term, note that the agreement takes effect upon execution by both parties and continues on a month-to-month basis, subject to termination under specified conditions.
Section 13 details the Net Energy Metering and Billing provisions, including the general terms, conditions for when the customer-generator is a net electricity producer or consumer, and billing specifics relating to net energy metering.

Upon completion, ensure all provided information is correct and that all necessary sections have been filled out accurately. It is crucial to review the document carefully before submission to avoid any discrepancies or delay in the agreement's processing. Submitting the form will facilitate a smoother transition to net metering, supporting both the customer-generator’s and the electric company's needs.

Understanding Hawaii 39A

FAQ: Understanding the Hawaii 39A Form - Net Energy Metering Agreement for Systems 10 kW or Less

What is the Hawaii 39A Form?

The Hawaii 39A Form is a document known as the Net Energy Metering Agreement, intended for customer-generators in Hawaii who own renewable energy generating systems of 10 kW capacity or less. It establishes the terms and conditions under which the customer-generator's system can connect to the electric utility's grid and how energy exchange and billing will be handled.

Who needs to fill out the Hawaii 39A Form?

This form must be filled out by individuals or entities who own or operate a renewable energy generating system, such as solar, wind, hydro, or a hybrid, with a capacity of 10 kW or less, and wish to connect their system to the grid under the net energy metering agreement.

What information is required on the form?

The form requires detailed information in several sections, including:

Applicant Information (name, contact information, account number)
Generating Facility Information (type of renewable energy, capacity, equipment specifications)
Certification by a Licensed Electrical Contractor ensuring compliance with safety and performance standards
Installation specifics, including the requirement for a manual load-break disconnect device
Notice of any material changes to the generating facility
Permits and licenses acquired for the system

How does net energy metering work for customer-generators?

Net energy metering allows customer-generators to send excess energy produced by their renewable energy system to the grid in exchange for credits. This energy exchange impacts their billing, potentially reducing it or, if producing more energy than consumed, giving them credits towards future energy use. The bill or credits are reconciled annually according to the specifics laid out in the Hawaii 39A Form.

What are the conditions for termination of the agreement?

The Net Energy Metering Agreement remains effective on a month-to-month basis after its initiation. Either the customer-generator or the company can terminate the agreement if there is a failure to comply with the agreement's terms or if the customer-generator no longer meets the eligibility criteria defined under the company's Rule 18.

Are there any indemnification and safety provisions in the agreement?

Yes, the agreement includes indemnification provisions protecting both parties from liabilities due to damages or injuries resulting from the generating system’s operation, except in cases of sole negligence or willful misconduct. Additionally, it addresses safety by allowing the company to disconnect the generating system if it endangers people or property.

This form is key to understanding and formalizing the relationship between Hawaii's customer-generators and the electric utility, ensuring the safe, efficient, and equitable generation and exchange of renewable energy.

Common mistakes

Failing to include all necessary applicant information as outlined in Section 1, which could delay the processing of the application. It is vital to provide complete details including the name of the customer-generator, mailing address, and any different addresses for the generating facility itself.
Incorrectly noting the generator's capacity or the make and model of power conditioning equipment and generators under Section 2, which could lead to misunderstandings about the system’s capabilities.
Omitting to attach the specification sheet if available, as required in Section 2. This specification sheet provides detailed information about the generating system, which is critical for approval.
Not clearly indicating whether the system is self-excited with the potential to island in Section 2. This information is crucial for the safety and integration of the generating facility with the electric grid.
Skipping the certification by a licensed electrical contractor in Section 3. This certification confirms that the generating and interconnection systems comply with safety and performance standards, which is paramount for operational approval.
Incorrectly locating or failing to clearly label the manual load-break disconnect device as described in Section 4. This could pose risks to the safety and maintenance protocols needed for the generating facility.
Not providing a 30-day advance written notice of any proposed material changes to the Generating Facility as mandated in Section 5. Failure to notify can result in compliance issues and potential suspension of the net metering agreement.
Neglecting to obtain, at their own expense, all necessary authorizations, permits, and licenses for the construction and operation of the facility as specified in Section 6. Lack of proper permits can lead to legal and operational setbacks.
Forgetting to ensure that the processing of permits and licenses align with the capacity restrictions mentioned in Section 5, specifically that the rated generator capacity of the Generating Facility shall not exceed 10 kW. Overlooking this restriction could invalidate the application.
Misunderstanding the billing and net metering provisions outlined in Section 13. Accurate understanding of billing, especially the specifics of handling periods when the Customer-Generator is a net electricity producer versus a net electricity consumer, is crucial for efficient billing management.

Common oversights encompass not only technical and documentation aspects but also procedural and legal requirements, demonstrating the complexity of the net metering agreement process.

Documents used along the form

The Hawaii 39A form is a crucial document for individuals seeking to establish a net energy metering agreement in Hawaii, especially for systems of 10 kW or less. This agreement facilitates the connection of renewable energy generating facilities, such as solar or wind, to the electric grid. While the 39A form is a key component in this process, it often accompanies several other important documents and forms to ensure a comprehensive and compliant interconnection. Below is a list of such documents, each serving its unique function in the interconnection process.

Electrical Permit Application: Required for the legal installation of electrical equipment and wiring associated with the renewable energy generating facility. It ensures that the installation complies with local and national electrical codes for safety purposes.
Single Line Diagram: Illustrates the electrical connections and layout of the generation system, showing how it integrates with the existing electrical system. This diagram is crucial for reviewing the technical details of the installation and ensuring it meets safety and performance standards.
Certificate of Completion or Notice of Electrical Inspection: Indicates that the installation has been inspected and approved by a certified electrical inspector. This document is necessary to confirm that the system adheres to all required safety and code standards.
Interconnection Agreement: Details the terms and conditions under which the generating facility will connect to and operate parallel with the grid. It outlines the operational responsibilities, liabilities, and financial obligations of each party.
Distributed Energy Resource Program Application (if applicable): For individuals participating in specific energy programs or incentives offered by the state or utility company, this application might be required to access special rates, credits, or rebates.

Together, these documents form a comprehensive package that ensures the safe, legal, and effective interconnection of renewable energy systems to the grid in Hawaii. They protect the interests and safety of the system owner, the public, and the utility, facilitating a smoother transition to renewable energy sources.

Similar forms

The Hawaii 39A form, utilized for the establishment of net energy metering agreements for renewable energy generation systems of 10 kW or less, shares similarities with several other documents in the realm of renewable energy setup and management. Understanding these similarities helps in recognizing the broader context of renewable energy documentation and how the Hawaii 39A form fits within this framework.

One similar document is the Interconnection Agreement used across various jurisdictions. This agreement outlines the technical and procedural conditions under which a renewable energy generating system is connected to the utility grid. Like the Hawaii 39A form, it includes sections on system specifications, safety standards, and metering for billing purposes. Both documents serve as a contract between the energy producer and the utility company, ensuring that the integration of renewable energy sources adheres to established regulations and safety standards.

Another document that shares characteristics with the Hawaii 39A form is the Power Purchase Agreement (PPA) for renewable energy. Although a PPA is more focused on the financial aspects of buying and selling generated renewable energy, it similarly addresses capacity, metering, and billing issues. Both documents are crucial for establishing the terms under which renewable energy is generated and compensated, making sure there's a clear agreement on the exchange of electricity between the parties involved. However, while the Hawaii 39A form is specific to net metering for small-scale generators, a PPA can encompass larger-scale energy projects and broader terms of energy purchase.

Additionally, the Solar Energy System Installation Agreement is akin to the Hawaii 39A form in the context of setting up renewable energy systems. This agreement typically covers the installation and operation specifics of solar panels, including system specifications, ownership, and maintenance responsibilities. Both documents feature detailed information about the generating system, such as capacity, make, and model of the equipment. While the Hawaii 39A form focuses more on the interconnection and net metering criteria for a range of renewable energy sources, the Solar Energy System Installation Agreement is more narrowly tailored to the installation process of solar energy equipment.

In summary, the Hawaii 39A form shares commonalities with various legal frameworks in the renewable energy sector, emphasizing system specifications, connection protocols, and the financial aspects of energy generation and distribution. Though each document serves a distinct purpose—ranging from technical integration to financial transactions and installation processes—they collectively contribute to the orderly and efficient incorporation of renewable energy sources into the utility grid.

Dos and Don'ts

When filling out the Hawaii 39A form for a Net Energy Metering Agreement, it's essential to follow certain guidelines to ensure the process is completed accurately and efficiently. Below are the things you should and shouldn't do:

Do:

Review all sections carefully before starting: Ensure you understand each part of the form to provide accurate information.
Provide complete and accurate information: This includes your personal details, generating facility information, and any relevant certification by licensed electrical contractors.
Attach necessary documents: This includes specification sheets, a single line diagram of your system, and any necessary permits or licenses.
Sign and date the form: Ensure that the form is signed by the appropriate parties, including the licensed electrical contractor when applicable.
Double-check the form for mistakes: Before submitting, verify all information is correct and no sections have been missed.
Keep a copy for your records: After submitting the form to the electric company, it's wise to retain a copy for your personal records.
Submit the form by the required deadline: Pay attention to any specified deadlines for submitting this form to avoid any delays in your net metering agreement.

Don't:

Omit any required information: Leaving sections blank can delay processing your agreement. If a section does not apply, clearly mark it as “N/A”.
Guess on specifications or measurements: Provide exact details for your generating facility to avoid any errors in your agreement.
Forget to attach required documents: Omitting necessary attachments can result in processing delays.
Use unofficial forms: Always use the official Hawaii 39A form provided by the electric company to ensure your information is properly processed.
Sign in the wrong place: Make sure you and any other required parties sign in the designated areas only.
Ignore instructions on the form: Follow all indicated instructions to ensure correct completion.
Submit incomplete forms: Review the entire form before submission to guarantee all required information has been included.

Misconceptions

Understanding the Hawaii 39A form can seem daunting at first. However, breaking down some of the common misconceptions can help demystify the process. Here are ten common misunderstandings about the Hawaii 39A form and the reality behind them:

Misconception 1: The form is only for solar energy systems.

While solar is a common type of generating facility, the form actually applies to various types of renewable energy sources, including wind, biomass, hydro, and hybrid systems, not just solar installations.
Misconception 2: There's no need to notify the utility company of changes once the form is submitted.

Any material changes to the generating facility, such as a change in ownership or an increase in capacity, require a 30-day advance written notice to the utility company.
Misconception 3: The Customer-Generator doesn’t need to obtain permits or licenses.

The Customer-Generator is responsible for obtaining, at their own expense, all necessary authorizations, permits, and licenses required for the construction and operation of the facility.
Misconception 4: The energy metering and related equipment will be at the Customer-Generator’s expense.

The utility company will supply, own, and maintain all necessary meters and associated equipment used for billing, at no expense to the Customer-Generator.
Misconception 5: The net energy metering agreement is perpetual.

The agreement operates on a month-to-month basis and can be terminated by either the Customer-Generator or the utility company under certain conditions.
Misconception 6: Only the Customer-Generator can terminate the agreement.

While the Customer-Generator can terminate the agreement at any time, the utility company also reserves the right to terminate the agreement should the Customer-Generator fail to comply with its terms or no longer meets the definition of an Eligible Customer-Generator.
Misconception 7: Automatic compensation is available for excess generation without any limits.

Excess kilowatt-hours generated are carried over as a monetary credit towards the energy charge in future billing periods, but adjustments and certain conditions apply. The cumulative net monetary credit doesn’t apply towards every charge, such as the Minimum Charge, Demand Charge, and certain adjustments.
Misconception 8: All generated electricity will be purchased by the utility company.

The utility company is not obligated to purchase energy if system conditions, such as safety or operational concerns, prevent it. Additionally, net metering involves offsetting the cost of energy consumed by the Customer-Generator with energy produced, not outright purchasing by the utility.
Misconception 9: There's no inspection or certification process for the generating system.

The generating and interconnection systems must comply with safety and performance standards, requiring certification by a licensed electrical contractor who confirms that these requirements are met.
Misconception 10: The Customer-Generator has no obligation for system safety.

The Customer-Generator is responsible for ensuring that the generating facility includes appropriate control, protection equipment, and a manual load-break disconnect device. This is crucial for the safety of the electric system and personnel.

By unraveling these misconceptions, it becomes clearer how the Net Energy Metering Agreement works and what responsibilities and benefits come with it for both the utility and the Customer-Generator.

Key takeaways

Filling out and using the Hawaii 39A form, associated with the Net Energy Metering Agreement for generating installations of 10 kW or less, involves crucial steps and information that applicants must follow carefully. Here are some key takeaways:

Complete Applicant Information: The form requires detailed information about the customer-generator, including their name, mailing address, phone numbers, and electric service account number. If the owner or operator of the generating facility differs from the customer-generator, their details must also be provided.
Generating Facility Specifications: Information pertaining to the generating facility must be thoroughly detailed in Section 2. This includes specifying the type of power generation (e.g., solar, wind, biomass, hydro, or hybrid) and providing the rated capacity, make, and model of the generator/inverter, as well as any energy storage capacity.
Certification by Licensed Electrical Contractor: A critical step in the process involves certification by a licensed electrical contractor, confirming that the installation complies with safety and performance standards set by the NEC, IEEE, and others as applicable. This section must be signed and dated by the contractor.
Installation Requirements: Section 4 underscores the necessity of a manual load-break disconnect device, accessible by the utility company, to isolate the generating facility from the electric system for safety and maintenance. The location and specifics of this disconnect device are crucial for approval.
Advance Notice for Changes: A 30-day advance written notice is required for any material changes to the generating facility, such as changes in ownership or capacity. This ensures that all modifications are logged and permitted correctly.
Obtaining Necessary Permits and Licenses: It's the customer-generator’s responsibility to secure all required authorizations, permits, and licenses for the construction and operation of the generating facility, emphasizing the legal compliance aspect of the installation.
Metering and Billing Arrangements: The utility company will supply, own, and maintain the necessary meters for billing purposes. Customer-generators need to accommodate these meters and are responsible for all associated costs and maintenance of the required installations on their premises.
Indemnification Clauses: The agreement includes indemnification clauses protecting both parties against liability for damages or injuries resulting from the operation or maintenance of the generating facility, highlighting the importance of understanding legal liabilities.
Termination and Continuity of Service: The agreement outlines conditions under which the service may be curtailed or interrupted, as well as provisions for the agreement's termination by either party under certain circumstances, emphasizing the procedural aspects of ending or interrupting service.
Net Energy Metering and Billing: Details about how billing is conducted under net metering arrangements, including how excess energy production is credited, are critical for understanding the financial implications of installing a generating facility.

This overview highlights the importance of meticulously filling out the Hawaii 39A form and understanding the responsibilities and commitments involved in establishing a net metering agreement for small generating facilities.

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