Haw. Code R. § 6-74-24 - Periods during which purchases not required
(a) Any electric
utility which gives notice pursuant to subsection (b) shall not be required to
purchase electric energy or capacity during any period during which, due to
operational circumstances, purchases from any qualifying facility will result
in costs greater than those which the utility would incur if it did not make
those purchases, but instead generated an equivalent amount of energy
itself.
(b) Any electric utility
seeking to invoke subsection (a) shall provide each affected qualifying
facility with at least twenty-four hours advance oral or written notice of any
period described in subsection (a) to allow the qualifying facility to cease
the delivery of energy or capacity to the electric utility.
(c) Any electric utility which fails to
comply with the provisions of subsection (b) shall be required to pay the same
rate for such purchase of energy or capacity or would be required had the
period described in subsection (a) not occurred.
(d) A claim by an electric utility that such
a period has occurred or will occur is subject to verification by the
commission as the commission determines necessary or appropriate, either before
or after the occurrence.
Notes
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