69-3-602. (Temporary) Generation and sale of electricity by qualifying small power production facility. (1) A qualifying small power production facility may generate electricity from the sources described in 69-3-601(3)(a) and (3)(b) and may contract for the sale of that electricity with a utility.

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Terms Used In Montana Code 69-3-602

  • Contract: A legal written agreement that becomes binding when signed.
  • Electric cooperative: means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana. See Montana Code 69-3-601
  • Qualifying small power production facility: means a facility that:

    (a)produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or

    (b)produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and

    (c)has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and

    (d)is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility. See Montana Code 69-3-601

  • Utility: means any public utility supplying electricity and regulated by the commission. See Montana Code 69-3-601

(2)A qualifying small power production facility may generate electricity from the sources described in 69-3-601(3)(a) and (3)(b) and may contract for the sale of that electricity with an electric cooperative under terms and conditions mutually agreed upon between the parties and in compliance with the rates and regulations established by the Public Utility Regulatory Policies Act. (Repealed on occurrence of contingency–secs. 1, 3, Ch. 284, L. 2003–see part compiler’s comment.)