(1) If an electric utility fails to make a good faith effort to comply with a request from a qualifying facility to transmit energy or energy and capacity produced by the qualifying facility to another electric utility or to the Bonneville Power Administration, the electric utility shall purchase the qualifying facility’s energy or energy and capacity at a price which is the higher of:
(a) The electric utility’s avoided cost; or
(b) The index rate.
(2) As used in this section, “good faith effort” shall be demonstrated by the electric utility’s publication of a generally applicable, reasonable policy of the electric utility to allow a qualifying facility to use the electric utility’s transmission facilities on a cost-related basis. [1983 c.799 §5]
Section: Previous 758.475 758.480 758.500 758.505 758.510 758.515 758.520 758.525 758.530 758.535 758.540 758.545 758.550 758.555 758.990 NextLast modified: August 7, 2008