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Page 3 of 4 Updated 03/18/2015 How does the 40% allocation requirement work? Minn. Statute §216B.1641 defines a subscriber as “a retail customer of a utility who owns one or more subscriptions of a solar garden facility interconnected with that utility.” A retail customer is a separate person or corporation and is the legal name of the party as defined by state law and existing Xcel Energy tariffs. Further, affiliates of a legal entity will be treated as the same person or entity for the purposes of subscription with the exception of government entities. Political subdivisions of a government entity or public agency can be considered separate retail customers of the utility as defined by Minn. Stat. §216B.02, Subd. 2. If a governmental agency composed of sufficient political subdivisions or agencies has a different account, each political subdivision or agency may have a 40% interest in a single garden. To provide some context as to whether or not you may be at risk for allocating more than the legislated 40% threshold, we’ve provided the below questions to help identify possible cases. If you answer “yes” to one or more of the below questions and intend to subscribe to 40% or more of any solar garden, we suggest you contact the S*RC team at srcmn@xcelenergy.com. We’ll contact you within seven calendar days to help resolve your questions.  Do you have more than one physical location to which subscriptions can be attributed?  Do you have more than one account?  Does the premise address on your bill differ from the billing address?  Are you one of many accounts for the same type of business?  Do you have political subdivisions and do you have separate financials per subdivision? For further clarity, we’ve put together the following questions and answers about this topic:  How do I know whether or not I have multiple accounts under one legal entity? There are a couple of ways you can determine whether or not you have multiple accounts that would be combined for the purposes of the 40% requirement. First, if your bill is sent to an alternative address (versus your location) and you receive multiple bills, it is likely that you have several accounts associated with one legal entity.  What is meant by “affiliates are considered the same entity”? State statute provides guidance with the definitions of “person” and “corporation”, which are as follows: “Person” means a natural person, a partnership, or two or more persons having a joint or common interest, and a corporation as hereinbefore defined. (As noted in Minn. Stat. §216B.02, Subd.3) “Corporation” means a private corporation, a public corporation, a municipality, an association, a cooperative whether incorporated or not, a joint stock association, a business trust, or any political subdivision or agency. (As noted in Minn. Stat. §216B.02, Subd. 2.) Therefore, as defined by statute for our S*RC Community Program, a “person” includes corporations associations or partnerships having a “joint or common interest”. Xcel Energy does not have insight into specific customer legal structures, but if your company and another company are affiliated businesses, then together these two businesses can only own up to a 40% interest in one garden.