| (B) shall take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility's facilities. (l) System emergencies. (1) Qualifying facility obligation to provide power during system emergencies. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent: (A) provided by agreement between such qualifying facility and electric utility; or (B) ordered under the Federal Power Act, §202(c). (2) Discontinuance of purchases and sales during system emergencies. During any system emergency, an electric utility may discontinue: (A) purchases from a qualifying facility if such purchases would contribute to such emergency; and (B) sales to a qualifying facility, provided that such discontinuance is on a nondiscriminatory basis. (m) Enforcement. A proceeding to resolve a dispute between an electric utility, PTB REP and a qualifying facility arising under this section may be instituted by filing of a petition with the commission. Electric utilities, PTB REPs, and qualifying facilities are encouraged to engage in alternative dispute resolution prior to the filing of a complaint. |
| Source Note: The provisions of this §25.242 adopted to be effective May 24, 1999, 24 TexReg 3846; amended to be effective July 14, 2002, 27 TexReg 5966; amended to be effective January 8, 2009, 34 TexReg 187 |
