1. (a) Interconnection plan.

   1. (1)

      1. (A) Each utility shall establish and make available for inspection guidelines for ensuring safe and reliable operation of interconnected qualifying facilities.
      2. (B) It may also require an interconnection plan from the qualifying facility to facilitate qualifying facility/utility negotiations.

   2. (2) Upon receipt of the interconnection plan, the utility shall provide the qualifying facility with a:

      1. (A) Cost proposal identifying the interconnection costs; and
      2. (B) List of contract issues to be addressed in the negotiations.

2. (b) Inspection.

   1. (1) No utility may unreasonably refuse to inspect its portion of the interconnection equipment nor may a utility unreasonably delay the performance of its portion of any such inspection.

   2. (2)

      1. (A) The electric utility may require that the qualifying facility's equipment be certified by a local inspection authority for compliance with the requirements of the electric utility's guidelines and the negotiated interconnection plan.
      2. (B) Such requirement by the electric utility shall not constitute endorsement of design, strength, effectiveness, plan, adequacy, or capacity, nor shall such requirement imply a warranty of safety, durability, or reliability of the qualifying facility.

3. (c) Provision of equipment and safety. The qualifying facility shall:

   1. (1) Provide, install, and maintain at its own expense all electrical wiring and apparatus, including any protective equipment required either by the American National Standards Institute’s ANSI C2 National Electrical Safety Code and/or any applicable municipal code; and
   2. (2) Comply with all requirements prescribed by any governmental authority having jurisdiction thereof, with compliance of such duty being a condition to any liability of the utility.

4. (d) Right of refusal to connect.

   1. (1) The utility may:

      1. (A) Reserve the right to refuse to connect to any wiring or apparatus that does not meet the requirements referred to in subsection (c) of this section; and
      2. (B) Without advance notice, discontinue its connection with the qualifying facility's wiring or apparatus when a dangerous condition of wiring or equipment upon the premises of the qualifying facility is discovered.
   2. (2) Notwithstanding the utility's right to refuse interconnection as recited in subdivision (d)(1) of this section, no action by the utility to interconnect shall be interpreted as being an approval of or acquiescence in the design or installation of the equipment of the qualifying facility.
5. (e) Interconnection switch. There shall be an interconnection switch, installed and maintained at the expense of the qualifying facility that is capable of being locked open, and such switch shall be available and accessible to the utility to ensure that the connecting circuit may be positively de-energized.
6. (f) Operating procedures. The qualifying facility and the utility will develop engineering and operating guides and procedures for the safe interconnection of the facility to the utility's system.

Codification Notes: This section was promulgated as Section 3.8 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.