§269-102  Standard contract or tariff; ratestructure.  (a)  Every electric utility shall develop a standard contractor tariff providing for net energy metering and shall make this contractavailable to eligible customer-generators, upon request, on a first-come-first-servedbasis until the time that the total rated generating capacity produced byeligible customer-generators equals .5 per cent of the electric utility'ssystem peak demand; provided that the public utilities commission may modify,by rule or order, the total rated generating capacity produced by eligiblecustomer-generators; provided further that the public utilities commissionshall ensure that a percentage of the total rated generating capacity producedby eligible customer-generators shall be reserved for electricity produced byeligible residential or small commercial customer-generators.  The publicutilities commission may define, by rule or order, the maximum capacity foreligible residential or small commercial customer-generators.  Notwithstandingthe generating capacity requirements of this subsection, the public utilitiescommission may evaluate, on an island-by-island basis, the applicability of thegenerating capacity requirements of this subsection and, in its discretion, mayexempt an island or a utility grid system from the generating capacityrequirements.

(b)  Each net energymetering contract ortariff shall be identical, with respect to rate structure, to the contract ortariff to which the same customer would be assigned if the customer was not aneligible customer-generator.  The charges for all retail rate components foreligible customer-generators shall be based exclusively on the eligiblecustomer-generator's netkilowatt-hour consumption over a monthly billing period.  Any new or additionaldemand charge, standby charge, customer charge, minimum monthly charge,interconnection charge, or other charge that would increase an eligiblecustomer-generator's costs beyond those of other customers in the rate class towhich the eligible customer-generator would otherwise be assigned are contraryto the intent of this section, and shall not form a part of net energy meteringcontracts or tariffs.

(c)  The public utilities commission may amendthe rate structure or standard contract or tariff by rule or order. [L 2001, c272, pt of §6; am L 2005, c 104, §3; am L 2008, c 150, §2]