Dated 5 February 2016
GUIDELINES AND DETERMINATIONS
OF THE
SUSTAINABLE ENERGY
DEVELOPMENT AUTHORITY
MALAYSIA
Contents
Division 1: Definitions/Glossary .......................................................................................1
Division 2: Introduction ...................................................................................................3
Division 3: Guidelines pursuant to the Feed-In Rules 2011...............................................3
3.1 Method of submission of feed-in approval application 3
3.2 Submission of feed-in approval application on behalf of eligible producer 4
3.3 Matters relating to application for feed-in approval relating to a PV installation 5
3.4 Information to be submitted with feed-in approval application 10
3.5 Manner of paying fees in respect of an application for a feed-in approval 10
3.5. A Feed-in Approval Holder Fee for Community 11
3.6 Matters relating to bonus feed-in tariff rates 11
3.6.1 Manner of certifying copies of documents 11
3.6.2 Matters relating to use as building material 12
3.6.2A Local authority approval for installation 12
3.6.3 Recognised testing bodies for PV installations 12
3.7 Form of novation of renewable energy power purchase agreement 12
3.8 Paid-Up Capital Requirement 12
3.9 Matters relating to authorized representative or agent 13
3.9.1 Registration with the Authority 13
3.9.2 Conditions to be fulfilled by authorized representative or agent appointed by the eligible
producer in connection with an application for a feed-in approval relating to a PV installation 13
3.9.3 Failure to comply with conditions 14
Division 4: Guidelines pursuant to the T&O Rules 2011 15
4.1 Connection confirmation check 15
4.1.1 Introduction 15
4.1.2 Format of connection confirmation check report 15
4.2 Power system study 15
4.2.1 Introduction 15
4.2.2 Objectives 16
4.2.3 Renewable energy installations requiring mandatory power system studies 16
4.2.4 Information required by distribution licensee to carry out power system
study 17
4.2.5 Scope of power system study 18
4.2.6 Methods and analysis 19
4.2.7 Findings of the power system study 20
4.2.8. Requirements for renewable energy installations connected at medium voltage
direct connections in respect of steady state voltage, thermal rating, fault level rating, frequency and
dynamic voltage fluctuation limits 20
4.2.9 Miscellaneous 22
4.4 Acceptance tests 19
4.4.1 Acceptance test requirements 22
4.4.2 Acceptance test certification and report 25
4.5 Licences 25
4.6 Reliability runs 26
4.6.1 Reliability run requirements 26
4.6.2 Reliability run certification and report 27
4.7 Report on feed-in tariff commencement date 27
Annexure 3.7.1: Form of novation of renewable energy power purchase agreement 28
Annexure 4.1.2: Form of connection confirmation report ..........................................31
Division 1: Definitions/Glossary
In these Guidelines, unless the context otherwise requires:
1.1 capitalised expressions shall have the meanings assigned to them as set out below; and
1.2 other expressions shall have the meanings ascribed to them in the Act and the relevant Subsidiary Legislation, unless otherwise defined below.
Act | means the Renewable Energy Act 2011 [Act 725] as may be amended from time to time; |
Bond | means the bond prescribed in 3.3.3; |
Community | includes an applicant falling within or representing any of the following organisations or institutions: (a) school (including private non-profit school); (b) kindergarten (public or non-profit private kindergarten) which owns the site for which the feed-in approval is applied; (c) place of worship such as a mosque, a church or a temple; (d) care centre such as an orphanage, a nursing home or an old folks home; and (e) any other category determined by the Authority; subject to the Authority’s determination, at its sole discretion, as to whether a particular applicant falls within the category of “Community” or not, on a case to case basis; |
Feed-in Rules | means the Renewable Energy (Feed-In Approval and Feed-in Tariff Rate) Rules 2011, as may be amended from time to time; |
Feed-in Tariff Commencement Date | as defined under Section 2 of the Act |
IEC | means International Electrotechnical Commission; |
Immediate Family Member | means a person’s spouse, parents (including legally adopted parents), children (including legally adopted children), grandparents, grandchildren and siblings; |
Individual | means the category of eligible producers falling under Rule 3(a) or 3(b) of the Feed-in Rules, as the case may be; |
GST | means the goods and services tax under the Goods and |
| Services Tax Act 2014; |
Guidelines | means this Guidelines and Determinations of the Sustainable Energy Development Authority Malaysia, as may be amended from time to time; |
listed corporation | has the meaning assigned to it in the Capital Markets and Services Act 2007; |
AT & PA Guidelines | means with respect to: (i) an eligible producer who proposes to construct a renewable energy installation utilising biogas as its renewable resource, the Guidelines on Biogas Power Plant Acceptance Test and Performance Assessment for Feed-in Tariff Projects in Malaysia; or (ii) an eligible producer who proposes to construct a renewable energy installation utilising biomass as its renewable resource, the Guidelines on Biomass Power Plant Acceptance Test and Performance Assessment for Feed-in Tariff Projects in Malaysia. issued by the Authority and available at the Authority’s website at www.seda.gov.my. |
Non-Individual | means the category of eligible producers falling under Rule 3(c) to (h) of the Feed-in Rules, as the case may be; |
Registered PV Service Provider or RPVSP | means a person registered with the Authority pursuant to paragraph 3.9 of these Guidelines to provide and install solar photovoltaic (PV) installations; |
Subsidiary Legislation | means the subsidiary legislation made under the Act, being: (a) the Feed-in Rules; (i) the T&O Rules; (ii) the Renewable Energy (Criteria for Renewable Resources) Regulations 2011; (iii) the Renewable Energy (Renewable Energy Power Purchase Agreements) Rules 2011; (iv) the Renewable Energy (Allocation from Electricity Tariffs) Order 2011; (v) the Renewable Energy (Recovery of Moneys by Distribution Licensees) Rules 2011; |
| (vi) the Renewable Energy (Administrative Fees) Order 2011; and (vii) such other subsidiary legislation as may be made under the Act from time to time, and references to any Subsidiary Legislation shall be construed as a reference to such legislation as amended, modified or supplemented and in effect from time to time and shall include a reference to any legislation which amends, modifies, or supplements it; and |
T&O Rules | means the Renewable Energy (Technical and Operational Requirements) Rules 2011, as may be amended from time to time. |
working day | means any calendar day (excluding Saturday and Sunday) which is not declared as a public holiday in the Federal Territory of Kuala Lumpur and Putrajaya. |
Division 2: Introduction
2.1 These Guidelines are issued pursuant to the Act and the Subsidiary Legislation, and must be read together with the Act, Subsidiary Legislation, AT&PA Guidelines, application forms and other information made available at the Authority’s website at www.seda.gov.my.
2.2 Prospective applicants for feed-in approvals are strongly encouraged to familiarise themselves with the provisions and requirements of the Act, Subsidiary Legislation, and AT&PA Guidelines.
Division 3: Guidelines pursuant to the Feed-In Rules 2011
3.1 Method of submission of feed-in approval application
3.1.1 An application for a feed-in approval must be made either:
(a) by electronic transmission through the Feed-in Tariff Online portal (e-FiT) accessible at https://efit.seda.gov.my;
(b) through manual submission in physical form to the Authority’s office; or
(c) any other submission method;
as may be determined by the Authority and notified on its website.
3.1.2 Documents for application via electronic transmission can only be uploaded to the portal in the following forms: pdf, jpg, png, gifand doc. The maximum size for each file to be uploaded is 2MB, except in the case of copies of applicants’ NRIC or passport, where the maximum size is 1MB only. The recommended scanning resolution is 200 dpi.
3.1.3 A manual application must be made by filling up the relevant application form. The form can be obtained either by downloading and printing it out from the Authority’s web portal at www.seda.gov.myor by obtaining the hardcopy from the Authority’s office. The maximum page size for attachments and supporting documents is A3.
3.1.4 Completed manual applications can only be submitted during working days (9.00 am to 5.00 pm Mondays to Fridays) to the Authority’s offices below:
(a) For submissions in relation to renewable energy installations in Peninsular
Malaysia, Sabah and Labuan
Sustainable Energy Development Authority Malaysia
Galeria PjH
Aras 9, Jalan P4W
Persiaran Perdana
Presint 4
62100 Putrajaya
Tel: +603-8870 5800
Fax: +603-8870 5900
(b) For submissions in relation to renewable energy installations in Sabah and
Labuan only
Sustainable Energy Development Authority Malaysia
Lot 32, Level 1, Likas Square Commercial Center
No.1, Lorong Likas Square
Jalan Istiadat Likas
88400 Kota Kinabalu
Sabah
Tel: +6088-252101/+6088-251462 Fax:
+6088-250337
3.2 Submission of feed-in approval application on behalf of eligible producer
3.2.1 An application for a feed-in approval may be made either by:
(a) the eligible producer itself (save in the case as provided in paragraph 3.3.2 below); or
(b) an authorized representative appointed by the eligible producer.
3.2.2 An authorised representative of the eligible producer is required to sign the declaration section at the end of the application form. This section will also require the endorsement of the eligible producer agreeing to such representation or agency.
3.2.3 For application done via electronic transmission or via electronic medium, the declaration section must be submitted electronically for application processing but the original physical hardcopy must be furnished to the Authority not later than seven (7) working days upon receipt by the eligible producer of a notification from the Authority that the application has been successful.
3.2.4 For application done via manual submissions, the declaration section must be submitted together with the completed application form to ensure the completeness of the application before the application is processed.
3.3 Matters relating to application for Feed-In Approval relating to a PV installation
3.3.1 Applications relating to Community
(a) A Community shall be entitled to submit an application for a feed-in approval relating to a PV installation having a rated kWp of up to 48kWp.
(b) An eligible producer which is a school must have the prior written approval from the Ministry of Education, or any other ministry or statutory body in charge of such school, to install the PV installation at the school before making an application for a feed-in approval to the Authority.
(c) A Community who is an existing feed-in approval holder may be entitled to submit an application for a feed-in approval relating to another proposed PV installation, at another of its centres provided the rated kWp of existing PV installation of that Community does not yet exceed 48kWp, and this new application will increase the rated kWp of all the PV installation(s) of that Community to not more than 48kWp.
(d) A Community is only entitled to submit one (1) application per centre in a year. For the avoidance of doubt, “centre” refers to the whole premises or compound which is part of or serving the same organisation or institution for that particular location, whether with interconnecting buildings or not, and whether located on a single postal address or multiple adjacent postal addresses or multiple postal addresses that are not adjacent to each other but within close proximity of each other, and running under the name of a single centre of such Community.
(e) A Community who is an existing Feed-in Approval Holder may be entitled to submit a new application for a Feed-in Approval relating to PV installation under the Non-Individual category provided that Community surrenders the previous Feed-in Approval, as well as the applicable Feed-in Approval and certificates under the Community category to the Authority.
(f) No application for a feed-in approval relating to a proposed PV installation may be made by a Community at the same location at which another feed-in approval relating to PV installation under Non-Individual or Individual category is already granted and under which an existing PV installation is already in place.
(g) A Community may only obtain financing in relation to PV installation from financial institutions as defined in the Central Bank of Malaysia Act 2009 [Act 701] or any other institution providing financing as may be determined by the Authority. In the case where a Community obtains such financing, the Community must be the borrower or the customer for the loan or financing, as the case may be, and the financing documents must reflect such.
(h) A Community is prohibited from entering into any arrangement with any person, whether in writing or not, whereby the Community shares, assigns or allocates howsoever with such person a portion of the feed-in tariff received by the Community under the renewable energy power purchase agreement with the distribution licensee.
(i) Subject to paragraph 3.3.1(j) below, all applications made by a Community should be accompanied by the fees as stipulated in the Second Schedule of the Feed-In Rules applicable to the Individual category.
(j) All applications made by a Community under the Non-Individual category should be accompanied by the fees applicable to the Non-Individual category.
3.3.2 Application to be made through a RPVSP of the eligible producer
An application for a feed-in approval relating to a PV installation by an eligible producer may only be made through a RPVSP appointed by the eligible producer
3.3.3 Manual Submissions
(a) An application on behalf of a Non-Individual eligible producer for a feed-in approval relating to a PV installation having an installed capacity of more than 425 kWp and up to 1000 kWp must be made by manual submission.
(b) Each application must be supported by a Bond to the amount of Ringgit Malaysia one hundred (RM100.00) for each kWp of capacity of the proposed PV installation. The Bond shall be in the form of a bank draft in the name of the Authority and valid for six months and shall be:
(i) returned to the eligible producer when the result of the application is made known; or
(ii) forfeited if the eligible producer withdraws its application for a feed-in approval.
Notwithstanding subparagraph (i) above, in the event the eligible producer’s application for a feed-in approval is successful, the eligible producer will be required to substitute the Bond with an instrument as may be prescribed by the Authority as security for the due achievement of feed-in tariff commencement date of the proposed PV installation.
3.3.4 Balloting (for Non-Individual)
(a) An application by a Non-Individual (other than a Community) for a feed-in approval relating to a PV installation will be subject to the process and terms and conditions as set out in the Step-by-Step Guide on Solar PV Applications
for the Non-Individual (up to 425kW) for each year issued by the Authority and available at its website.
(b) All applications made by a Non-Individual should be accompanied by a nonrefundable administrative charge of RM10 per kW applied for plus GST, in addition to the fees stipulated in the Second Schedule of Feed-In Rules. For the avoidance of doubt, this administrative charge is payable over and above the relevant application fee, and shall be paid by credit card.
3.3.5 E-Balloting (for Individual)
(a) An application by an Individual for a feed-in approval relating to a PV installation will be subject to the process and terms and conditions as set out in the Step-by-Step Guide: Individual Application 2016 issued by the Authority and available at its website.
(b) In the event the volume of qualified applications after the Authority’s screening process exceeds the amount of quota allocated, all qualified applications will be assigned a queue number by an e-balloting process.
(c) The Authority will issue an announcement on whether the e-balloting will take place towards the end of the screening process.
(d) E-balloting will be conducted on a date to be announced the Authority, in an event open to the public. Quota will be allocated to qualified applications based on the queue number until all quotas are taken up.
3.3.6 Application via Online Portal (e-FiT)
An application by a Community for a feed-in approval relating to a PV installation will be subject to the process and terms and conditions as set out in the Step-by-Step Guide on Solar PV Applications for the Community (up to 48kW) for each year issued by the Authority and available at its website.
3.3.7 Maximum number of applications for feed-in approvals
(a) No application for a feed-in approval relating to a PV installation may be made for or on behalf of the following persons:
(i) an individual who has already been issued with feed-in approvals in respect of PV installations having an aggregate rated kWp of 24 kWp;
(ii) a non-individual who has already been issued with feed-in approvals in respect of one or more PV installations having an aggregate rated kWp of 30,000 kWp;
(iii) an individual who holds or can be deemed to hold an ultimate ownership interest through such individual’s direct or indirect shareholding in one or more feed-in approval holders who own one or more PV installations having an aggregated rated kWp equivalent to 5,000 kWp or more;
(iv) a Non-Individual who holds or is deemed to hold an ultimate ownership interest through such person’s direct or indirect shareholding in one or more feed-in approval holders who own one or more PV installations having an aggregated rated kWp equivalent to 30,000 kWp or more;
(v) a company of which a person described in paragraphs (iii);
(v) is a subsidiary company or holding company; or
(vi) a company other than a listed corporation, in which a person described in paragraphs (iv) to (vii) holds a direct or indirect shareholding.
Illustration of Deemed Ultimate Ownership Interest
(A) A holds 50% of the ordinary share capital of Company B, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 10,000 kWp. A is deemed to hold an ultimate ownership interest in the PV installation equivalent to 5,000 kWp.
(B) A holds 50% of the ordinary share capital of Company B, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 3,000 kWp. Company B holds 50% of the ordinary share capital of Company C, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 8,000 kWp. A is deemed to hold an ultimate ownership interest in the PV installations equivalent to 3,500 kWp.
(C) Company A holds 50% of the ordinary share capital of Company B, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 30,000 kWp. Company A also holds 50% of the ordinary share capital of Company C, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 30,000 kWp. Company A is deemed to hold an ultimate ownership interest in the PV installations equivalent to 30,000 kWp.
(D) Company A holds 100% of the ordinary share capital of Company B, a feed-in approval holder who has been granted a feed-in approval
for a PV installation having a rated kWp of 20,000 kWp. Company A also holds 50% of the ordinary share capital of Company C, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 8,000 kWp. Company C holds 100% of the ordinary share capital of Company D, a feed-in approval holder who has been granted a feed-in approval for a PV installation having a rated kWp of 12,000 kWp. Company A is deemed to hold an ultimate ownership interest in the PV installations equivalent to 30,000 kWp.
(b) For each quota release, no application or additional application for a feed-in approval relating to a PV installation may be made:
(i) by an eligible producer who is a non- individual who has already submitted one (1) such application for that quota release;
(ii) by an eligible producer who is a company where another company with a common individual shareholder as the first-mentioned company has already made one (1) such application for that quota release. In the event both the first-mentioned company and the second-mentioned company submit an application each for that quota release, both applications will be refused by the Authority. For the purpose of this paragraph, “shareholder” refers to both direct and indirect shareholding.
(c) No application for a feed-in approval relating to a PV installation may be made by an Individual for a proposed PV installation:
(i) having a rated kWp of more than 12 kWp ;
(ii) at an address other than:
(aa) a residential area; or
(bb) A semi-residential premises such as a shop house owned by the Individual or his Immediate Family Member, subject to the determination of the Authority;
(iii) at an address not owned by the eligible producer or the eligible producer’s Immediate Family Member;
(iv) at the same address as a PV installation under an existing feed-in approval granted to another eligible producer. In the case of a building that is subdivided into parcels held under separate strata titles (“strata building”), the Authority may grant a feed-in approval for an application any of the parcel owners for a proposed PV installation subject to such application being approved by the joint management body or the management corporation, as the case may be, of that strata building;
(v) at the same address as another PV installation under a duly confirmed registered entry in the online portal (e-FiT) and acknowledged by the Authority under 3.3.5; or
(vi) at the same address as another PV installation under a feed-in approval to be granted by the Authority.
(d) No application for a feed-in approval relating to a PV installation may be made by a company for a proposed PV installation if the rated kWp of the proposed PV installation would result in any direct or indirect shareholder of such company to have a deemed ultimate ownership interest equivalent to more than:
(i) 5,000kWp in the case of Individuals; or
(ii) 30,000kWp in all other cases,
in one or more PV installations.
3.4 Information to be submitted with feed-in approval application
3.4.1 In addition to the matters set out in subrule 10(1) of the Renewable Energy (Feed-in Approval and Feed-in Tariff Rate) Rules 2011, an application for a feed-in approval must be accompanied by the information described in the applicable feed-in approval application form.
3.5 Payment of fees in respect of an application for a feed-in approval
3.5.1 Application form fees payable for each physical hardcopy of a feed-in approval application form must be paid upon obtaining the form at the Authority’s office.
Application form fees must be paid in cash only to an authorized employee of the Authority at the Authority’s office.
3.5.2 Processing fees for a feed-in approval application submitted must be paid at the time of submission of the application. Processing fees for applications made pursuant to 3.3.5 (by an individual) must be paid by credit card through an online portal (e-FiT) accessible at https://efit.seda.gov.my.Processing fees for all other applications must be paid either by cheque, bank draft or telegraphic transfer. In cases of multiple applications, the payment of processing fees for each application must be paid separately.
3.5.3 Application fees must be paid, payment of such fee must be cleared and proof of such cleared payment must be submitted to the Authority within seven (7) working days from the date of receipt of a notification from the Authority that the feed-in approval application has been received. Application fees for applications made pursuant to 3.3.5 must be paid upon receipt of a notification from the Authority that the feed-in approval application has been successful. Application fees must be paid either by Inter-Bank Giro or telegraphic transfer.
3.5.4 Payments by Inter-Bank Giro can be made to the Authority’s following bank account:
Account name : Sustainable Energy Development Authority Malaysia
Account number: 8600308067
Bank: CIMB Islamic Bank Berhad
3.5.5 Payments by telegraphic transfer must also be paid to the above bank account.
SWIFT Code: CIBBMYKL
Bank address: 2M11-A, Kompleks Kementerian Kewangan 5, Pesiaran
Perdana Presint 2, 62592 Putrajaya
3.5.6 Processing fees for applications for feed-in approvals are non-refundable. The Authority may refund application fees in the event of a withdrawal of an application provided that such withdrawal is done before the issuance of the relevant certificate of feed-in approval under section 12(2) of the Act. Refunds of application fees shall be remitted into the account stated in the applicant’s application form.
3.5A Feed-in Approval Holder Fee for Community
3.5A.1 Subject to paragraph 3.5A.2 below, any fee payable pursuant to the Second Schedule of the Feed-In Rules by a feed-in approval holder who is a Community shall follow the fee applicable to a feed-in approval holder under the Individual category for the same item.
3.5A.2 Any fee payable pursuant to the Second Schedule of the Feed-In Rules by a feed-in approval holder who is a Community holding a Non-Individual quota shall follow the fee applicable to a feed-in approval holder under the Non-Individual category for the same item.
3.6 Matters relating to Feed in Tariff
3.6.1 Manner of certifying copies of documents
All documents submitted to the Authority shall be certified as a true copy by a:
(a) magistrate;
(b) Justice of Peace;
(c) advocate and solicitor;
(d) chartered accountant;
(e) a notary public;
(f) a civil servant falling within the category of “Pegawai Kerajaan Kumpulan Pengurusan dan Profesional”; or
(g) in the case of documents originating from foreign countries,
(i) by a consular officer of the Malaysian embassy, consulate or high commission in that foreign country;
(ii) by the ministry of foreign affairs of such foreign country; or (iii) by a notary public in a commonwealth country.
3.6.2 Matters relating to use as building material
(a) Examples of the use of solar photovoltaic modules as building material as required under Paragraph 10(1)(g) ad sub-Rule 21(1) of the Feed-in Rules that are acceptable to the Authority can be viewed in the Guideline for BIPV Installation on the Authority’s website at www.seda.gov.my.
(b) Notwithstanding paragraph 3.6.2(a) above, the Authority may as and when it deems appropriate, determine and allow for any other interpretation of “use as building material” other than the examples given in the Guidelines for BIPV Installation where such installation is used for roofing purposes (and with no roofing gap(s) in between or within the area of the roof coverage), and such determination shall be final and binding on the feed-in approval holder.
(c) Conversely, notwithstanding that a particular use fulfils or appears to fulfil all the criteria set out in the definition of “use as building material”, the Authority may disallow such interpretation, and such determination shall be final and binding on the feed-in approval holder.
3.6.3 Recognised testing bodies for PV installations
The certified testing bodies recognised by the Authority include:
(a) Underwriters Laboratories (UL) group;
(b) the TUV group;
(c) any other testing bodies certified by the National Certification Bodies (NCBs) under the IECEE CB Scheme (The IEC System for Conformity Testing and Certification of Electrical and Electronic Components, Equipment and Products Certification Bodies’ Scheme); and
(d) equivalent testing bodies which may be recognized by the Authority from time to time.
3.7 Form of novation of renewable energy power purchase agreement
3.7.1 For the purposes of subparagraph 19(5)(b)(ii) of the Feed-in Rules, the form of novation of a renewable energy power purchase agreement relating to a PV installation having an installed capacity of ≤ 72kW shall be as set out in Annexure 3.7.1 of these Guidelines.
3.8 Paid-Up Capital Requirement
3.8.1 Companies intending to develop renewable energy installations having a rated kWp or net export capacity of up to 72kWp or kW shall have a minimum paid-up capital equivalent to Ringgit Malaysia twenty thousand (RM20,000.00).
3.8.2 Companies intending to develop renewable energy installations having a rated kWp or net export capacity exceeding 72kWp or kW shall have a minimum paid-up capital equivalent to Ringgit Malaysia fifty thousand (RM50,000.00).
3.9 Matters relating to RPVSP
3.9.1 Registration with the Authority
(a) The RPVSP appointed by the eligible producer in connection with an application for a feed-in approval relating to a PV installation must be registered with the Authority in accordance with 3.9.1 herein.
(b) An application for registration with the Authority under 3.9.1(a) above must be made through the online portal (e-FiT) accessible at www.seda.gov.my.
(c) Upon receipt of an application for registration and upon payment of the prescribed fee, the Authority may register the RPVSP for a period which commences on the day the application for registration is approved by the Authority and expires on the thirty-first December of the year in which the Authority’s approval is given. .
(d) The prescribed fee for the registration of the RPVSP shall be Ringgit Malaysia three thousand (RM3, 000.00) plus GST.
(e) The registration of the RPVSP may be renewed upon application and payment of the prescribed fee under paragraph (d) above, subject always to the approval of the Authority.
(f) Notwithstanding the fact that the RPVSP have fulfilled the requirements stipulated under 3.9.2 herein, the Authority may refuse registration at its sole discretion.
3.9.2 Conditions to be fulfilled by RPVSP appointed by the eligible producer in connection with an application for a feed-in approval relating to a PV installation
(a) A RPVSP of the eligible producer shall be a company as defined in the Companies Act 1965 [Act 125], a firm, a partnership or sole proprietorship registered under the Registration of Businesses Act 1956 [Act 197] or other applicable written laws.
(b) Any RPVSP appointed by the eligible producer in connection with an application for a feed-in approval relating to a PV installation shall:
i- continue to be registered with the Authority as long as it carries out any business connected with the application for a feed-in approval relating to a PV installation or the installation of a PV installation;
ii- have at any time a minimum paid-up capital of Ringgit Malaysia One Hundred Thousand (RM100,000.00), in the case of a company;
iii- have declared in a form and at a time to be prescribed by the Authority, that it is able to pay its debts as they become due in the normal course of business, in the case of a firm, partnership or sole proprietorship;
iv- have at least one (1) employee who is a qualified person with respect to solar photovoltaic system design as defined in the T&O Rules;
v- comply with any other conditions as may be prescribed by the Authority.
For the purpose of paragraph 3.9.2, the conditions to be fulfilled by a RPVSP on an application for a feed-in approval shall be read together with the code of ethics, online platforms, application forms and other information made available at the Authority’s website at www.seda.gov.my
3.9.3 Failure to comply with conditions
Where the Authority believes that any RPVSP with the Authority does not comply with conditions stipulated in 3.9.2 above, the Authority may:
(A)Blacklist:
i- issue written warnings to, amongst others, request the RPVSP to comply and remedy the breach within a reasonable time but in any event within a period of fourteen (14) days;
ii- In the event the RPVSP fail to remedy the breach within the stipulated time, the Authority may:
- blacklist the RPVSP, and throughout the time the RPVSP is on the blacklist, the RPVSP’s registration shall be suspended and such RPVSP is prohibited from submitting any application for feed-in approval on behalf of an eligible producer and from installing any solar PV installation for or on behalf of a feed-in approval holder until such time as the RPVSP’s name is removed from the blacklist; and/or
- blacklist any qualified person of a RPVSP, in which event the RPVSP must ensure that another qualified person shall be available as an employee of the RPVSP to replace the blacklisted qualified person to fulfil the requirement under paragraph 3.9.2 (b) (iv)
(B)Revocation:
i- send to the registered address or the place of business of the RPVSP a notice notifying the Authority’s intention to revoke its registration and the Authority may provide such RPVSP an opportunity to make written representation on the intended revocation within thirty (30) days from the date of service of the notice;
ii- after the expiry of the period of thirty (30) days provided for in 3.9.3(i) above, the Authority shall, after considering any reply made by the RPVSP , decide at its sole discretion, whether or not to revoke the registration of RPVSP;
iii- in the event the registration of the RPVSP is revoked in accordance with this 3.9.3 , such RPVSP may be denied registration with the Authority, at the sole determination of the Authority.
Division 4: Guidelines pursuant to the T&O Rules 2011
General
Eligible producers intending to develop renewable energy installations having a rated kWp or net export capacity exceeding 12kWp or kW (as the case may be) are reminded of the requirements of Part II of the T&O Rules relating to connection confirmation checks and power system studies, which must be met before applying for a feed-in approval. Please refer to the guidelines below for additional information.
4.1 Connection confirmation check
4.1.1 Introduction
(a) A connection confirmation check is required in respect of a renewable energy installation having a rated kWp or net export capacity of > 12 but ≤ 425 kWp or kW (as the case may be) to confirm whether the proposed connection is technically possible, and, if so, whether any necessary modification to the distribution licensee’s existing electricity distribution network is required to facilitate the acceptance of renewable energy generated by the renewable energy installation.
(b) A modification described in paragraph (a) above will fall within the feed-in approval holder’s responsibility under rule 12(1) of the T&O Rules. However, it is the distribution licensee’s responsibility to carry out network reinforcement works to upgrade or reinforce its electricity distribution network in order to distribute or facilitate the transfer of renewable energy generated from the renewable energy installation from the connection point to other parts of its electricity distribution network.
4.1.2 Format of connection confirmation check report
For the purposes of subrule 3(3) of the T&O Rules, the format of the report on a connection confirmation check shall be as set out in Annexure 4.1.2 of these Guidelines.
4.2 Power system study
4.2.1 Introduction
(a) The power system study will determine the technical feasibility of connecting a proposed renewable energy installation to the distribution licensee’s electricity distribution network and establish technical and safety requirements that may be necessary for the interconnection and operation of the renewable energy installation.
(b) The power system study is a pre-requisite for an application for feedin approval and will thus be performed prior to the signing of the renewable energy power purchase agreement with the distribution licensee. At this stage the eligible producer has not yet committed to the physical construction of the renewable energy installation. The findings of the power system study will assist the eligible producer to decide on the feasibility of the project in terms of cost and assist the distribution licensee to prepare the technical requirements needed for interconnection.
(c) Each power system study will be valid for 1 year commencing from the date of the Distribution Licensee’s approval of the power system study. The validity of the power system study can be extended by another 1 year with the approval of the Authority and upon payment of fees amounting to Ringgit Malaysia one thousand only (RM1,000.00) to the Distribution Licensee. The Distribution Licensee shall immediately notify the Authority of any application to extend a power system study and such application shall be considered by the Authority’s technical committee on grid interconnection.
(d) A power system study can be transferred to another eligible producer with the approval of the Distribution Licensee and upon payment of fees amounting to Ringgit Malaysia one thousand only (RM1,000.00) to the Distribution Licensee.
4.2.2 Objectives
The objectives of a power system study are to:
(a) determine the technical feasibility of connecting the proposed renewable energy installation to the electricity distribution network;
(b) determine the connection point;
(c) estimate the cost for connecting the proposed renewable energy installation to the electricity distribution network; and
(d) assist the distribution licensee to identify remedial actions to be taken on its electricity distribution network to facilitate interconnection with the proposed renewable energy installation.
4.2.3 Renewable energy installations requiring mandatory power system studies
The requirement for a mandatory power system study is generally based on the rated kWp or net export capacity (as the case may be) of the proposed renewable energy installation as shown in Table 4.2.3 below.
Table 4.2.3: Requirement for mandatory power system study
Rated kWp (in kWp) or net export capacity (in kW) of renewable energy installation | Connection point | Mandatory power system study |
Up to 12 | Connection at low voltage single phase | Not required |
Rated kWp (in kWp) or net export capacity (in kW) of renewable energy installation | Connection point | Mandatory power system study |
> 12 and ≤ 425 | Connection at either low voltage or medium voltage | To be determined by connection confirmation check that will ascertain whether connection is to be at low voltage or medium voltage |
> 425 onwards | Connection at medium voltage only | Required |
4.2.4 Information required by distribution licensee to carry out power system study
(a) For the purposes of subrule 4(2) of the T&O Rules, the technical information in respect of the proposed renewable energy installation that is required by the distribution licensee in order to carry out the power system study are as follows:
(i) name, address and contact details of the eligible producer;
(ii) the location plan of the proposed renewable energy installation;
(iii) the following details of the proposed renewable energy installation:
(A) the type of renewable resource to be utilised by the proposed renewable energy installation (i.e. solar photovoltaic technology, biomass, biogas or small hydropower);
(B) the following details of the installation generator: (1) in respect of a proposed PV
installation:
(aa) the type of module (monocrystalline, polycrystalline, thin film, etc.), preferably with the module data sheet if the eligible producer has identified the particular module to be used;
(bb) inverter specifications, preferably with the inverter data sheet if the eligible producer has identified the inverter model to be used;
(cc) the plant configuration;
(dd) the rated kWp;
(2) in respect of a proposed non- PV installation:
(aa) the type of generator (synchronous or induction machine);
(bb) the net export capacity of the plant;
(cc) the generator output voltage;
(C) the following details of the step-up transformer (if applicable):
(1) transformer capacity;
(2) 2 transformer voltage ratio;
(3) other data:
(A) in respect of a PV installation, the eligible producer will need to provide the solar radiation data collected at the proposed site of the installation for a typical sunny day between 9 am to 5 pm, at a maximum interval of 3 minutes.
(b) Other than the information specified above, a distribution licensee is not permitted to request for other information which may be required by the particular software the distribution licensee is using for the power system study. It shall be the distribution licensee’s responsibility to source for such information.
(c) At the power system study stage (prior to an application for feed-in approval), an eligible producer may not be able to provide detailed information such as machine reactance or module data sheet. It shall be the distribution licensee’s responsibility to use typical Institute of Electrical and Electronics Engineers or other international standard values.
4.2.5 Scope of power system study
The scope of a power system study includes the following:
(a) load flow analysis;
(b) short circuit analysis;
(c) mitigation and control measures;
(d) dynamic analysis (for PV installations only), if required; and (e) insulation co-ordination analysis, if required.
4.2.6 Methods and analysis
(a) Load flow analysis
A load flow analysis analyses the power system in a normal steady state operation. The feeder proposed to be connected to the renewable energy installation must be modelled based on the distribution licensee’s electricity distribution network and simulation performed using commercial software. The Load Flow Analysis evaluates the following:
(i) any voltage rise beyond the maximum +5% allowed under
prudent utility practice;
(ii) power flow direction to determine whether there is any reverse flow of power into voltage levels higher than the voltage level at the connection point;
(iii) loading of the feeders to determine feeder adequacy; and
(iv) impact on system losses. However, an increase in network losses will not be an excuse for the distribution licensee to refuse connection to the feed-in approval holder’s renewable energy installation.
The simulation analysis must be performed based on current peak and trough loading of the feeder, or the projected loading in the estimated year of connection.
(b) Short circuit analysis
Short circuit analysis of the electricity distribution network with the renewable energy installation connected must be done to determine the increase in fault level. This is to ensure that the increased fault current is within the breaker capacity limits. Short circuit analysis is done with the bus section at the relevant main intake substation or main distribution substation in ‘OPEN’ as well as ‘CLOSE’ positions.
(c) Mitigation and control measures
The power system study will also identify, if necessary, the measures and controls necessary to limit the impact of the renewable energy installation’s connection to the grid, including the rise in fault levels, voltage violations, increase in losses, etc. Such impact will not be an excuse for the distribution licensee to refuse interconnection, and any mitigation measures required on the electricity distribution network to facilitate interconnection will be under the responsibility and at the expense of the feed-in approval holder, while any measures to facilitate the transfer of energy from the point of connection to other parts of the network will be under the responsibility and at the expense of the distribution licensee. Please refer to 4.1.1 (b) above.
(d) Dynamic analysis
This analysis is required only for PV installations. Since the solar radiation is constantly varying throughout the day, this results in a varying power output. This varying power output causes voltage fluctuations at the connection point as well as other buses. The aim of the dynamic study is to ensure that voltage fluctuations remain within the internationally accepted limits of ±3%.
(e) Insulation co-ordination analysis
This analysis is required only for renewable energy installations connected through bare overhead lines. The purpose of this analysis is to examine possible lightning over-voltages and lightning arrester requirements at the point of interface.
4.2.7 Findings of the power system study
The results and findings of the power system study must be documented in a report format and a copy made available to the eligible producer. As a general guide, the load flow, short circuit, and dynamic (for PV installations) simulation results obtained from the power system study should be within the limits stipulated as below.
4.2.8 Requirements for renewable energy installations connected at medium voltage direct connections in respect of steady state voltage, thermal rating, fault level rating, frequency and dynamic voltage fluctuation limits
(a) Steady state voltage limits
(i) Steady state voltages at eligible producer interconnection/interface during normal operating conditions shall be within the following limits:
(A) ±5% at 33 kV
(B) ±5% at 22 kV
(C) ±5% at 11 kV
(ii) Under contingency operating conditions the steady state voltages are to be within the following limits:
(A) ±10% at 33 kV
(B) ±10% at 22 kV
(C) ±10% at 11 kV
(iii) The power system study will identify any voltage violations that may occur as a result of the renewable energy installation’s interconnection and propose mitigation measures to manage the voltage violations. The cost of mitigation measures to be carried out within the eligible producer’s ownership boundary will be borne by the eligible producer.
(b) Thermal ratings limits
(i) Thermal ratings of any network components must not be exceeded under normal or contingency conditions. Those limits are as follows:
(A) Transformers: As specified by the distribution licensee or manufacturer name plate rating
(B) Switchgears: As specified by the distribution licensee or manufacturer name plate rating
(C) Overhead lines: Rating as specified by the distribution licensee
(D) Underground Cables: Rating in accordance with the IEC 60502-02 standards
(E) Overhead Cables: Rating in accordance with the IEC 60502-02 standards or as specified by the distribution licensee
(ii) If the thermal rating of any equipment is exceeded, the feed-in approval holder shall pay for the cost of upgrading the equipment.
(c) Fault Level Ratings Limits
(i) For safety reasons, the fault rating of any equipment must not be less than the fault level in the electricity distribution network at any time and for any normal network configuration. For system planning study purposes, the fault level calculated shall not exceed 90% of the fault level rating of the existing equipment installed in the network.
(ii) The maximum fault levels permitted for electricity distribution networks are currently as follows:
(A) 11 kV – 20 kA
(B) 22 kV - 20 kA
(C) 33 kV – 25 kA
(iii) If the power system study shows that the fault level prior to interconnection of the renewable energy installation has exceeded 90% of these limits, the distribution licensee shall take necessary steps to reduce the fault level at its own expense.
(d) Frequency Limits
Under normal conditions, the transmission and distribution network frequency shall be maintained at 50 Hz ± 1%.
(e) Dynamic Voltage Fluctuations Limit
For PV installations, the maximum voltage fluctuation at the point of connection should not exceed ± 3 %.
4.2.9 Miscellaneous
(a) If a distribution licensee is unable to carry out the power system study on its own, it may employ reputable consulting engineers to carry out the power system study on its behalf.
(b) If, following the completion of a power system study, the eligible producer is unsuccessful in obtaining a feed-in approval (e.g. due to insufficient quota for the period applied for), there will not be any refund for the power system study costs incurred. However, the same power system study may be used for a subsequent feed-in approval application for connection at the same connection point provided that
such application is made no later than 1 year after the date of the Distribution Licensee’s approval of the power system study
4.4 Acceptance tests
4.4.1 Acceptance test requirements
Acceptance tests must be carried out in respect of all renewable energy installations in accordance with prudent utility practices and must meet the following requirements (whichever applicable):
(a) Biogas and Biomass
- The requirements as set forth in the applicable AT&PA Guidelines as made available at Authority’s website at www.seda.gov.my
- The feed-in approval holder shall pay to the Authority the fees (including GST), as shown in Table 4.4.1 below in the form of bank draft or banker’s cheque:
Table 4.4.1(a): Fees for Biomass and Biogas Acceptance Test and Reliability Run
Categories | Fees |
Biomass | Peninsular: RM98,000.00 |
Sabah & Labuan: RM100,000.00 |
Biogas | Peninsular: RM44,000.00 |
Sabah & Labuan: RM 48,000.00 |
*Note: The fees quoted above is a single fee covering both the acceptance test and the reliability run.
- In the event the acceptance tests works need to be postponed or repeated due to unreadiness or fault by feed-in approval holder, additional charges of RM1,060.00 per day (including GST) will be imposed to the feed-in approval holder for the number of days to complete the acceptance tests works.
(b) Small hydropower
An acceptance test must be carried out in respect of a renewable energy installation utilising small hydropower technology as its renewable resource according to the IEC 62006 (Hydraulic machines - Acceptance tests of small hydroelectric installations) standards, guidelines for testing and commissioning of small hydro power plant (FiT) Project in Malaysia as shall be issued by the Authority and made available at the Authority’s website at www.seda.gov.my.
(c) PV Installations
(i) An acceptance test must be carried out by all feed-in approval holders in accordance with the procedure for testing and commissioning of grid-connected photovoltaic systems in Malaysia as shall be issued by the Authority and made available at the Authority’s website at www.seda.gov.my.
(ii) the feed-in approval holder (from 2014 onwards, other than a Community) shall pay to the Authority the fees ( including GST), as shown in table 4.4.1(c) below in the form of bank draft or banker’s cheque.
Table 4.4.1 (c): Fees for PV Installation Acceptance Test and
Reliability Run
Procedure | Capacity | Testing and commissioning to be witnessed by Authority’s representative | Fees (RM) |
Systems less than or equal to 12 kWp and systems less than or equal to 12 kWp (use of microinverter in the PV system) | ≤ 12 kW | No | Nil |
Systems greater than | > 12 kW but | Yes | 3,710.00 |
12 kWp and less than 72 kWp | < 72 kW | | |
Systems equal to or greater than 72 kWp and up to 425 kWp | ≥ 72 kW but ≤ 425 kW | Yes | 5,300.00 |
Systems greater than 425 kWp | > 425 kW | Yes | 7,420.00 |
*Note: The fees quoted above is a single fee covering both the acceptance test and the reliability run
(iii) Should there be any follow-ups/ witnessing at site due to failure during the official testing and commissioning (or as determined by Authority), below table provides the fees ( including GST) to be paid by the feed-in approval holder (from 2014 onwards, other than a Community) to the Authority:
Procedure | Capacity | Testing and commissioning to be witnessed by Authority’s representative | Fees (RM) |
Systems less than or equal to 12 kWp and systems less than or equal to 12 kWp (use of microinverter in the PV system) | ≤ 12 kW | No | Nil |
Systems greater than 12 kWp and less than 72 kWp | > 12 kW but < 72 kW | Yes | 1,855.00 |
Systems equal to or greater than 72 kWp and up to 425 kWp | ≥ 72 kW but ≤ 425 kW | Yes | 2,650.00 |
Systems greater than 425 kWp | > 425 kW | Yes | 3,710.00 |
4.4.2 Acceptance test certification and report
(a) Subparagraph 15(1)(a)(i) of the T&O Rules requires the submission by the feed-in approval holder to the distribution licensee and the Authority ofa certificate from a qualified person stating that the renewable energy installation and interconnection facilities have been designed, constructed, installed and tested in accordance with prudent utility practices. The certificate must also:
(i) encompass the requirements (whichever applicable) set out in 4.4.1 above;
(ii) be accompanied by a report containing the system design of the renewable energy installation, its designed generation and the performance of the system;
(iii) be accompanied by a report or written confirmation by the distribution licensee that the revenue meter has been installed; and
(iv) if the feed-in approval holder has been granted bonus feed-in tariffs, contain the relevant written confirmation(s) by the qualified person required as the documents to be submitted prior to the feed-in tariff commencement date under the First Schedule to the Feed-in Rules.
(b) In the case of a PV installation, the acceptance test report must also be supported by photographs of the installation if the feed-in approval holder has been granted bonus feed-in tariffs for use as installation in buildings and/or use as building material.
4.5 Licences
For the purposes of subparagraph 7(d) of the Third Schedule of the T&O Rules, the feed-in approval holder shall apply for a permanent licence from the Energy Commission no later than three 3 months before the scheduled initial operation date.
4.6 Reliability runs
4.6.1 Reliability run requirements
Reliability runs must be carried out in respect of all renewable energy installations having an installed capacity of more than 1,000 kW and connected to a connection point through a medium or high voltage direct connection in accordance with prudent utility practices and must meet the following requirements (whichever applicable):
(a) Biogas and Biomass
(i) The requirements as set forth in the applicable AT&PA Guidelines available at the Authority’s website at www.seda.gov.my.
(ii) The feed-in approval holder shall pay to the Authority the fees as shown in table 4.4.1(a)(ii) above in the form of bank draft or banker’s cheque.
(iii) In the event the tests need to be postponed or repeated due to unreadiness or fault by feed-in approval holder, additional charges as set out in paragraph 4.4.1(a)(iii) above will be imposed to the feed-in approval holder for the number of days to complete the tests.
(b) Small hydropower
(i) (i)A reliability run must be carried out in accordance with the guideline for testing and commissioning of small hydro plant in Malaysia as shall be issued by the Authority and made available in the Authority’s website at www.seda.gov.my
(c) PV Installations
(i) A reliability run must be carried out by all fee-in approval holders in accordance with the procedure for testing and commissioning of grid-connected photovoltaic systems in Malaysia as shall be issued by the Authority and made available at the Authority’s website at www.seda.gov.my.
(ii) The feed-in approval holder (from 2014 onwards, other than a Community) shall pay to the Authority the fees as shown in table 4.4.1(c)(ii) above in the form of bank draft or banker’s cheque.
(iii) Should there be follow-ups/ witnessing at site due to failure during the official testing and commissioning (or as determined by Authority), table 4.4.1(c)(iii) provides the fees to
be paid by the feed-in approval holder (from 2014 onwards, other than a Community) to Authority.
4.6.2 Reliability run certification and report
Subparagraph 8(a) of Third Schedule to the T&O Rules requires the submission by the feed-in approval holder to the distribution licensee and the Authority ofa certificate from a qualified person stating that the renewable energy installation has successfully completed a reliability run. The certificate must encompass the requirements (whichever applicable) set out in 4.6.1 above, and be accompanied by a report specifying the generation capacity achieved, and the occasions and period during which it was achieved.
4.7 Feed-in tariff commencement date (FiT CD) for solar PV
4.7.1 Within one (1) month from Initial Operation Date (as defined in the Renewable Energy (Renewable Energy Power Purchase Agreement) Rules 2011), a RPVSP has to apply to the Authority to witness the testing and commissioning of the solar PV installation. Within one (1) month from the successful completion of the testing & commissioning of the solar PV installation, the RPVSP has to upload the applicable acceptance test certification and report under paragraph 4.4.2 and the reliability run certification and report under paragraphs 4.6.2 (collectively “AT & RR certification and report”) into the E-fit system. In such a case, the Initial Operation Date shall be used as feed-in tariff commissioning date.
4.7.2 In the event that the RPVSP delays any of the processes referred to in paragraph
4.7.1, the Authority will not backdate the FiT CD (commissioning date) to more than 3 months from the date the AT & RR certification and report are uploaded into the EFiT system.
4.7.3 Local authority approval for installation
Prior to making an application for a Feed in Tariff Commencement Date (FiT CD)an eligible producer shall ensure that any local authority approval required for the PV installation has been obtained and is still valid.
Annexure 3.7.1: Form of novation of renewable energy power purchase agreement
This Novation Agreement made and entered on ________________________[1]between:
- __________________________________________________________________________[2]
(hereinafter referred to as the “Transferor”);
- __________________________________________________________________________[3](hereinafter referred to as the “Transferee”); and
- __________________________________________________________________________[4]
(hereinafter referred to as the “Distribution Licensee”), collectively referred to as the “Parties”.
Whereas:
- The Transferor has been granted a feed-in approval dated _______________________[5]bearing number _______________________[6](hereinafter referred to as the “Feed-In Approval”) by the Sustainable Energy Development Authority Malaysia (hereinafter referred to as the “Authority”) pursuant to the Renewable Energy Act 2011
(hereinafter referred to as the “Act”).
- Following the grant of the Feed-in Approval, the Transferor and Distribution Licensee entered into a renewable energy power purchase agreement dated _______________________[7]and registered pursuant to the Act (hereinafter referred to as the “REPPA”) in respect of the purchase by the Distribution Licensee of renewable energy generated by the Transferor’s renewable energy installation utilising solar photovoltaic technology (hereinafter referred to as the “Renewable Energy Installation”).
- Clause 12.1(c) of the REPPA provides that in the event the Transferor sells the building to which the Renewable Energy Installation relates, the Transferor and Distribution Licensee will enter into a novation agreement to effect the novation of the REPPA to the new owner of the Renewable Energy Installation, being the Transferee.
In consideration of the mutual agreements and undertakings set out below, it is hereby agreed:
1. Condition Precedent
1.1This Novation Agreement is conditional upon the Transferor procuring the approval of the Authority in respect of both the transfer of the Renewable Energy Installation and the transfer or assignment of the Feed-In Approval to the Transferee (hereinafter referred to as the “Condition Precedent”) within 30 calendar days from the date of this Novation Agreement (hereinafter referred to as the “Conditional Period”).
1.2 This Novation Agreement shall become unconditional on the date
(hereinafter referred to as the “Effective Date”) the Condition Precedent is fulfilled within the Conditional Period. The Transferor shall submit a copy of the Authority’s approval referred to in clause 1.1 to both the Distribution Licensee and Transferee as soon as possible and in any event within 7 calendar days after the Transferor’s receipt thereof.
1.3 In the event the Condition Precedent is not fulfilled within the Conditional Period, this Novation Agreement shall automatically lapse and be null and void and of no further force or effect.
- The Parties agree that with effect from the Effective Date, all rights, titles, interests, benefits, obligations and liabilities of the Transferor under or in connection with the REPPA shall be assigned and transferred to, and vested in, the Transferee.
- The Transferee undertakes to the Distribution Licensee and Transferor that with effect from the Effective Date it will be bound by the terms and conditions of the REPPA and will assume and discharge all the liabilities and perform all the obligations of the Transferor thereunder in every way as if the Transferee was the original party thereto.
- The Distribution Licensee agrees to release and discharge the Transferor of claims and/or demands under or in connection with the REPPA arising after the Effective Date and accepts the sole obligations and liabilities of the Transferee under the
REPPA in lieu of that of the Transferor from the Effective Date, and the Distribution Licensee further agrees to be bound by the terms of the REPPA in every way as if the Transferee was the original party in place of the Transferor.
- Each of the Parties hereby severally agrees, covenants and undertakes with each other to execute and do all such deeds, issuances, acts and things as may be required, necessary or expedient so that the full effect may be given to the terms and conditions of this Novation Agreement.
- The Transferee shall be responsible for the payment of any and all stamp duty payable on or in respect of this Novation Agreement.
- This Novation Agreement shall be governed by and construed in accordance with the laws of Malaysia.
- This Novation Agreement shall be binding upon the respective successor-in-title and permitted assigns of the Parties.
Executed as an Agreement the day and year first stated above.
SIGNED for and on behalf of | ) | |
The Transferor | ) in | |
the presence of: | ) | |
| ) | |
| ) | |
___________________________[8] | | ___________________________[9] |
SIGNED for and on behalf of | ) | |
The Transferee | ) in | |
the presence of: | ) | |
| ) | |
| ) | |
___________________________[10] | | ___________________________[11] |
SIGNED for and on behalf of | ) | |
The Distribution Licensee | ) in | |
the presence of: | ) | |
| ) | |
| ) | |
___________________________[12] | | ___________________________[13] |
Annexure 4.1.2: Form of connection confirmation report
Applicant: _____________________________________________________________[14] Renewable resource: Solar photovoltaic/Small Hydropower/Biomass/Biogas[15]
Rated kWp or net export capacity of renewable energy installation: __________ kW/kWp[16]
Location of renewable energy installation: _________________________________________[17]
A. Technical possibility of proposed connection
Is the proposed connection to the electricity distribution network technically possible? [18]
Yes | The proposed connection is shown in the single line diagram below |
No | The reason(s) are given in Section B below |
Single line diagram showing the proposed connection:[19]
B. Connection not technically possible
The reason(s) why the proposed connection is not technically possible is/are as follows:[20]
C. Applicant’s responsibility for network modification
Is any modification necessary to the distribution licensee’s existing electricity distribution network required to facilitate the acceptance of renewable energy generated by the proposed renewable energy installation in accordance with prudent utility practices? [21]
Yes | The required modification is described below |
No | No modification is required |
Description of modification:[22]
Estimated cost of modification: RM ____________ [23]
Signature of authorized representative of the distribution licensee: _______________________
Name and designation: _______________________________[24]
Date: _______________________________[25]