SECTION 165:35-29-1. Purchase of electricity from cogenerators or small power producers

(a)   Purchases under this Section shall be from cogenerators and small power producers (producers) as defined and qualified under Section 201 of the Public Utility Regulatory Policies Act (PURPA) of 1978. Producers shall not be utilities as defined elsewhere in the Chapter.

(b)   Unless otherwise provided for by this Section and in an approved experimental purchase tariff, the utility's Terms and Conditions of Service shall apply to joint consumer producers.

(c)   Each utility will maintain a list available to the Commission for all potential cogenerators and small power producers who have been in written contact with the utility and record the disposition of each such line of inquiry.

(d)   Each utility will maintain an experimental purchase tariff on file applicable to purchases from certain facilities of 300 KW or less. This tariff will consist of a Purchase Agreement form prepared by the utility and approved by the Commission; Purchase Rate Schedules for wind, photo-voltaic and stored water hydro power, which reflect the utility's avoided costs, as approved by the Commission; and the experimental standard Terms and Conditions of Purchase of the Commission.

(e)   Each utility will maintain on file for all other potential cogenerators and small power producers information sufficient to guide such parties in regard to avoided costs and procedures. Such information shall include, but not be limited to:

(1)   The utility's response to avoided cost interrogatories as requested by the Commission.

(2)   A copy of this Chapter.

(3)   A copy of the experimental tariff.

(4)   Such reports and analyses as shall be prescribed by the Commission.

(5)   For investor owned utilities, the information required by Section 210 of the Public Utility Regulatory Policies Act (PURPA) of 1978.

(f)   A cogenerator or small power producer has the right:

(1)   To generate in parallel with the utility.

(2)   To sell, at his/her option, his/her total generation or his/her generation net of electrical requirements.

(3)   To receive for his/her generation a fair rate based on the costs avoided by the utility because of his/her delivery, reliability, dispatchability and other factors, as determined by the Commission.

(4)   To other substantive rights granted by PURPA.

(5)   To good faith negotiation by the utility.

(6)   To bring complaint or dispute to the Commission for mediation, hearing or other resolution.

(g)   Nothing in this Section will prevent a qualified producer from executing a special purchase contract with a utility, provided that the contract must be approved by the Commission prior to its effective date.

[Source: Amended at 10 Ok Reg 2633, eff 6-25-93; Amended at 31 Ok Reg 1030, eff 9-12-14; Amended at 36 Ok Reg 620, eff 7-25-19]