(1)The grantee must submit a written amendment request to the director to amend a performance agreement or change any aspect of the renewable energy production system.
(2)The grantee must describe the proposed change to the performance agreement or renewable energy production system and the reasons for the change.
(3)The grantee must demonstrate that the system, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible, will operate as represented and will remain in operation for at least five years. The grantee has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification.
(4)If an amendment request does not include all information needed to complete the review, the department may provide the grantee a written request for additional information. If the grantee does not provide the requested information to the department within 30 calendar days, the department may deny the request.
(5)Requests for amendments must include payment of the appropriate fee. The department may accept non-substantive changes, such as change of contact information, without payment of the fee.
(6)The department will evaluate amendments to determine if the change would have affected the outcome of competitive review, which may result in pro-rating the award amount, based on energy generated or project cost, or denial of the amendment request.
(7)Amendment requests will not be approved if the amendment would result in an increased award amount.
(8)The department will decide whether to approve the request.
(a)If approved, the department will draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement will become effective upon signature by all parties.
(b)If denied, the department will notify the grantee in writing. The notice will include the reasons for the denial of the amendment request. The amendment fee will not be applied to future amendments.
(c)The grantee may accept the denial of the amendment request and comply with the terms of the performance agreement or the grantee may terminate the performance agreement according to its terms and return any grant funds previously disbursed.
Rule 330-200-0090 — Amendments,