52 Pa. Code § 57.32 - Purpose and scope
(a)
Purpose. The purpose of this subchapter is to implement § 210
of the Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617, Title
II, § 210, 92 Stat. 3144 (16
U.S.C.A. §
824a-3(a)-(j)). To
this end, this subchapter details the methodology to be used in establishing
rates for sales and purchases, the responsibility for interconnection costs,
the standards for system safety and reliability, and the processes by which the
Commission will attempt to resolve disputes between utilities and qualifying
facilities. This subchapter is intended to equalize the bargaining power of
qualifying facilities with that of the utilities and protect the interests of
the ratepayers. Furthermore as detailed in subsection (c), utilities are
required to implement competitive bidding programs for the purchase of capacity
and associated energy unless they are granted a waiver or exemption.
(b)
Applicability. This
subchapter governs the purchases and sales of energy between qualifying
facilities and electric utilities. It also governs the purchases and sales of
capacity and associated energy between suppliers of electric generation and
electric utilities.
(c)
Negotiated contracts for the purchase of energy.
(1) Regarding negotiated contracts for the
purchase of energy from a qualifying facility, nothing in this subchapter:
(i) Limits or extends the authority of an
electric utility to agree to a price for a purchase or to terms or conditions
relating to a purchase which differ from the terms or conditions which would
otherwise be required by this subchapter.
(ii) Affects the validity of a contract
entered into between a qualifying facility and an electric utility for any
purchase to the extent that contract is valid and in compliance with applicable
statutes and regulations.
(d)
Contract negotiations with
winning bidders. Contract negotiations with winning bidders following
an auction for the purchase of capacity and associated energy are governed by §
57.34(c)(10)
(relating to purchases of energy and capacity).
(e)
Filing of contracts. A
utility shall file with the Commission a copy of a contract or agreement that
it enters into with a qualifying facility or other supplier of electric
generation with design capacity of 500 kilowatts or more under this subchapter.
The contract or agreement shall be filed within 45 days of execution.
Notes
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