A. Petition For
Establishing Rates, Terms, and Conditions
1.
Filing. If after good faith negotiations a qualifying facility and an electric
or transmission and distribution utility are unable to reach an agreement, the
qualifying facility or utility may petition the Commission to establish any
rate, term, condition or other provision of a contract that is rendered
impractical or impossible to perform or implement as a result of the
restructuring of the electric industry.
2. Contents. The petition shall include the
names and addresses of the qualifying facility and the utility, a description
of the rate, term, condition or other contractual provision for which the
petitioner seeks Commission intercession, an explanation of why the rate, term,
condition or other contractual provision has been rendered impractical or
impossible to perform or implement as a result of the restructuring of the
electric industry, a copy of the contract, and any Commission orders relevant
to the intent and purposes of the disputed provisions.
3. Service. The petitioner shall serve a copy
of the petition by regular mail or fax to the affected utility or qualifying
facility.
4. Response. The affected
utility or qualifying facility shall file a response to the petition within 7
days of receiving service.
5.
Timing. The Commission shall issue an order resolving the issues raised by the
petition within 90 days of filing.
6. Resolution. The Commission shall make a
finding as to whether the disputed rate, term, condition, or other contractual
provision has been rendered impractical or impossible to perform or implement
as a result of the restructuring of the electric industry. If the Commission
makes such a finding, it shall establish a rate, term, condition, or other
contractual provision that preserves the intent and purposes embodied in the
disputed contractual provision(s).
B. Commission Investigation
The Commission at any time may initiate an investigation or
any person may petition the Commission to initiate an investigation of any
matters relevant to the matters contained in this Chapter. The petition shall
contain an explanation of the scope of the investigation sought. The Commission
shall determine within sixty (60) days of the filing whether an investigation
shall be opened. If a Notice of Investigation is not issued within 60 days, the
request is denied. If an investigation is opened, procedures set forth in
subsection B shall be followed.
