Haw. Code R. § 6-74-15 - Scope
(a) This subchapter applies to the regulation
of sales and purchases between qualifying facilities and electric utilities in
the State.
(b) Nothing in this
subchapter:
(1) Prohibits an electric utility
or any qualifying facility to agree to a rate for any purchase, or terms or
conditions relating to any purchase, which differ from the rate or terms or
conditions which would otherwise be required by this subchapter; or
(2) Affects the validity of any contract
entered into between a qualifying facility and an electric utility for any
purchase.
(c) If the
electric utility and qualifying facility fail to reach an agreement on the rate
or terms of purchase within seventy-five days after the qualifying facility
first offers to sell energy or capacity to the electric utility, the electric
utility, within fourteen days, shall submit a petition to the commission
requesting a hearing on the matter. If the electric utility fails to submit the
petition within the prescribed time period, the qualifying facility may
petition the commission for a hearing on the matter. Upon the application of
the electric utility or the qualifying facility and for good cause, the
commission may waive or modify the time periods prescribed in this
subsection.
(d) To constitute an
offer to sell within the meaning of subsection (c), the offer must be bona
fide, in writing, and contain specific prices and specific terms and conditions
of all essential elements generally found in power purchase contracts. The
electric utility, upon request, shall furnish to the qualifying facility a list
of the elements, the specific terms and conditions of which the electric
utility considers essential to be included in the offer to sell.
(e) When a petition is filed pursuant to
subsection (c), the commission may:
(1)
Dismiss the petition, if it finds that the qualifying facility's offer is
incomplete in any material respect;
(2) Resolve the differences between the
parties; or
(3) Provide such
directions, instructions, or rulings as appropriate, and order the parties to
resume negotiations.
(f)
The commission shall decide on the petition filed pursuant to subsection (c)
within 120 days of the filing of the petition; provided that the commission,
for good cause, may modify the time limit.
Notes
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