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.)