Montana Code 69-3-603. Required sale of electricity under rates and conditions prescribed by commission
69-3-603. (Temporary) Required sale of electricity under rates and conditions prescribed by commission. (1) Except as provided in subsection (3), if a qualifying small power production facility and a utility are unable to mutually agree to a contract for the sale of electricity or a price for the electricity to be purchased by the utility, the commission shall require the utility to purchase the electricity under rates and conditions established under the provisions of subsection (2).
Terms Used In Montana Code 69-3-603
- Commission: means the Montana public service commission. See Montana Code 69-3-601
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- 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) The commission shall determine the rates and conditions of the contract upon petition of a qualifying small power production facility or a utility or during a rate proceeding involving the review of rates paid by a utility for electricity purchased from a qualifying small power production facility. The commission shall render a decision within 180 days of receipt of the petition or, in accordance with subsection (2)(b), before the completion of the rate proceeding. The rates and conditions of the determination must be made according to the standards prescribed in 69-3-604.
(b)When a utility files a request to establish or revise rate schedules for qualifying small power production facilities pursuant to rules adopted by the commission, the commission shall issue an order within 270 days of receipt of the request.
(3)(a) If a qualifying small power production facility is eligible to sell electricity to a utility pursuant to a rate schedule approved by the commission, neither the qualifying small power production facility nor the utility may petition the commission in accordance with subsection (2)(a) to authorize a rate or term different from that in the rate schedule.
(b)A qualifying small power production facility may file a complaint pursuant to 69-3-321 if the facility feels the rate schedule approved by the commission is unreasonable. (Repealed on occurrence of contingency–secs. 1, 3, Ch. 284, L. 2003–see part compiler’s comment.)