TITLE 39
Public Utilities and Carriers

CHAPTER 39-3
Regulatory Powers of Administration

SECTION 39-3-39


§ 39-3-39 Purchase of power from small production facilities by electric utilities.

The public utilities commission shall require that all electric utilities subject to the "Third supplementary decision and order" in that matter entitled "In Re: Arrangements between electric utilities and qualifying cogeneration and small power production facilities" Docket No. 1549 before the public utilities commission to purchase additional power from small production facilities at the ceiling price established by each utility pursuant to said decision and order. The electric utilities subject to the decision and order shall purchase power under a standard contract and at the ceiling price from qualifying cogeneration facilities and qualifying small power production facilities, as defined in the Public Utilities Regulatory Policies Act of 1978 ("PURPA") (16 U.S.C. § 2601 et seq.) with a capacity of ten (10) megawatts (10 MW) or less that are located in the state. The electric utilities to the public utilities third supplementary decision and order issued in Docket No. 1549 shall not be required to enter into agreements at the ceiling price for more than two and one-half percent (21/2%) of its peak load during the prior year.

History of Section.
(P.L. 1991, ch. 49, § 2.)