8. Prohibition Against "Daisy-Chaining" to Evade Project Size Limitations

TURN, CUE, SunEdison, CALSEIA, and other parties raise the concern that project developers may break up larger projects into smaller pieces or "daisy-chain" in order to evade the size restriction. TURN and CUE suggest that utilities be given the authority to deny a tariff request pursuant to § 399.20(n) if the project appears to be part of a larger overall installation by the same company or consortium in the same general location. TURN also suggests that the Commission direct the utilities to add a provision titled "Seller Representation" that requires the seller to attest that the project represents the only project being developed by the seller on any single or contiguous piece of property.

We agree with TURN, CUE, CALSEIA, and SunEdison that additional measures must be taken to prevent daisy-chaining and agree with the concerns raised regarding daisy-chaining to evade the project size restrictions.

Accordingly, the utilities shall add a provision titled, generally, "Seller Representation" to the § 399.20 FiT Program standard form contract and/or tariff that is being developed in this proceeding in accordance with the schedule set forth in the January 10, 2012 ALJ ruling. The Commission will review this provision submitted by the utilities and in a separate decision accept, reject, or modify the provision. Related FiT tariff modifications will also be addressed in this separate decision. This provision shall, at a minimum, require the seller to attest that the project represents the only project being developed by the seller on any single or contiguous piece of property. This provision shall also give utilities the authority to deny a tariff request pursuant to § 399.20(n) if the project appears to be part of a larger overall installation by the same company or consortium in the same general location. Lastly, this provision shall permit generators to contest a denial under § 399.20(n) through the Commission's standard complaint procedure set forth in the Commission's Rules of Practice and Procedure.

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