SECTION 165:40-3-1. Application for purchase agreement

(a)   Each producer, before interconnecting and before selling electric energy, shall make written application to the cooperative/utility to purchase the producer's electricity under the applicable purchase rates.

(b)   A written purchase agreement, when signed by the producer and accepted and approved by the cooperative/utility, constitutes a contract. Each application for electric purchase shall be made in the true name of the producer.

(c)   A single application for purchase cannot be made to apply to different locations, nor to cover more than one point of purchase at the same location to be used by the same producer, unless the cooperative/utility determines that the physical or electrical characteristics of the facility requires more than one point of purchase according to good engineering and operating practice.

(d)   The contract is not transferable by the producer. A producer no longer desiring a purchase agreement on a premises must notify the cooperative/utility of his intent to discontinue. When there is a new occupant of the premises or a change in responsibility for operations, a new application for purchase must be made before purchase is begun.

(e)   Any person who delivers electric energy into the cooperative/utility's system without having made application to sell such energy shall be liable to the cooperative/utility for payment thereof under the applicable rate schedule and for any damages caused thereby.