Where purchases from a qualifying facility will impair the utility’s ability to give adequate service to the rest of its customers or, due to operational circumstances, purchases from qualifying facilities will result in costs greater than those which the utility would incur if it did not make such purchases, or otherwise place an undue burden on the utility, the utility shall be relieved of its obligation under Fl. Admin. Code R. 25-17.082, to purchase electricity from a qualifying facility. The utility shall notify the qualifying facility(ies) prior to the instance giving rise to those conditions, if practicable. If prior notice is not practicable, the utility shall notify the qualifying facility(ies) as soon as practicable after the fact. In either event the utility shall notify the Commission, and the Commission staff shall, upon request of the affected qualifying facility(ies), investigate the utility’s claim. Nothing in this section shall operate to relieve the utility of its general obligation to purchase pursuant to Fl. Admin. Code R. 25-17.082
Rulemaking Authority Florida Statutes § 350.127(2). Law Implemented 366.04(5), 366.051 FS. History-New 5-13-81, Amended 9-4-83, Formerly 25-17.86.