65-407 C.M.R. ch. 360, § 8 - SMALL ELECTRIC UTILITIES

A. Applicability. This section applies to each small electric utility. Except as specified, other sections of this rule shall not apply to small electric utilities. This section shall remain in effect until the date of retail access.

1. Wheeling utility. If a small electric utility agrees to wheel the power of a qualifying facility to another utility under terms mutually agreeable or as set by the Commission, the small electric utility shall be exempt from this chapter.

2. Non-Wheeling utility. If a small electric utility and a qualifying facility do not wish to wheel the qualifying facility's power, the small electric utility shall be subject to the conditions set forth in subsection B through D.

B. Availability of small electric utility system cost data

1. Information provided on request. Each small electric utility subject to subsection A, paragraph 2 shall upon request of any qualifying facility:

a. Provide comparable data to that required under subsection B of section 3.

b. With regard to an electric utility which obtains its requirements for electric energy and capacity primarily from another electric utility or utilities, the utility may, at its option, provide the data of its supplying utility and the rates at which it currently purchases such energy and capacity.

2. Failure to provide information on request. If any such electric utility fails to provide such information on request, the qualifying facility may apply to the Commission for an order requiring that the information be provided.

C. Groups of small electric utilities. Two or more small electric utilities may form a group for the purpose of negotiations with and purchases from one or more qualifying facilities when the formation of such a group facilitates such negotiations and purchases. When such a group is formed, for the purposes of this rule, the Commission shall consider it as if it were a single small electric utility.

D. Obligation to Purchase from Qualifying Facilities. Each small electric or transmission and distribution utility subject to subsection A, paragraph 2 shall purchase any energy which is made available directly to the utility from a qualifying facility at a price and under terms agreeable to the utility and the qualifying facility or as established by the Commission in accordance with the provisions of this chapter.

Notes

65-407 C.M.R. ch. 360, § 8