(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: 

1. 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 

1. 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  

              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  

1. The requirements as set forth in the applicable AT&PA Guidelines as made available at Authority’s website at www.seda.gov.my

1. 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 

*Note: The fees quoted above is a single fee covering both the acceptance test and the reliability run. 

1. 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 

*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: 

              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:  

1. __________________________________________________________________________^[2]

(hereinafter referred to as the “Transferor”);  

1. __________________________________________________________________________^[3](hereinafter referred to as the “Transferee”); and  
2. __________________________________________________________________________^[4]  

(hereinafter referred to as the “Distribution Licensee”), collectively referred to as the “Parties”.  

Whereas:  

1. 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”). 

1. 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”).  
2. 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.  

1. 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.  
2. 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.  
3. 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.  

1. 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.  
2. The Transferee shall be responsible for the payment of any and all stamp duty payable on or in respect of this Novation Agreement.  
3. This Novation Agreement shall be governed by and construed in accordance with the laws of Malaysia.  
4. 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.  

^{_{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]  

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]  

Description of modification:^[22]  

Estimated cost of modification: RM ____________ ^[23]  

Signature of authorized representative of the distribution licensee: _______________________   

Name and designation:          _______________________________^[24]  

Date:                                       _______________________________^[25]