Hawaii Administrative Rules
Title 6 - DEPARTMENT OF BUDGET AND FINANCE
Division - PUBLIC UTILITIES COMMISSION
Chapter 74 - STANDARDS FOR SMALL POWER PRODUCTION AND COGENERATION
Subchapter 3 - ARRANGEMENTS BETWEEN ELECTRIC UTILITIES AND QUALIFYING COGENERATION AND SMALL POWER PRODUCTION FACILITIES UNDER SECTION 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978, 16 USC SECTION 824A-3
Section 6-74-24 - Periods during which purchases not required

(a) Any electric utility which gives notice pursuant to subsection (b) shall not be required to purchase electric energy or capacity during any period during which, due to operational circumstances, purchases from any qualifying facility will result in costs greater than those which the utility would incur if it did not make those purchases, but instead generated an equivalent amount of energy itself.

(b) Any electric utility seeking to invoke subsection (a) shall provide each affected qualifying facility with at least twenty-four hours advance oral or written notice of any period described in subsection (a) to allow the qualifying facility to cease the delivery of energy or capacity to the electric utility.

(c) Any electric utility which fails to comply with the provisions of subsection (b) shall be required to pay the same rate for such purchase of energy or capacity or would be required had the period described in subsection (a) not occurred.

(d) A claim by an electric utility that such a period has occurred or will occur is subject to verification by the commission as the commission determines necessary or appropriate, either before or after the occurrence.