Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities
Section 8.03 - General Terms and Conditions

(a) Nothing in 220 CMR 8.00 shall be construed to affect, modify or amend terms and conditions of any existing Qualifying Facility's contract.

(b) A Qualifying Facility may sell its generation output to a Distribution Company under one of the following arrangements:

(c) When a Qualifying Facility submits an offer to sell generation output to a Distribution Company, the Distribution Company must respond to the offer within 30 days of receipt of the offer. If, within 90 days of a Qualifying Facility submitting an offer to a Distribution Company, there is a failure to agree to terms, the Qualifying Facility may petition the Department to investigate the reasonableness of the Distribution Company's actions.

(a) Information, Rules, and Requirements. A Qualifying Facility shall comply with any and all applicable NEPOOL and ISO information requests, rules, and requirements that are necessary for a Qualifying Facility's generation output to be sold to the ISO power exchange by a Distribution Company. The Qualifying Facility shall provide such information to the Distribution Company in a timely manner.

(b) Fines, Penalties, Sanctions. In the event that a fine, penalty, or sanction is levied on a Distribution Company by NEPOOL or the ISO as a result of a Qualifying Facility's failure to comply with a NEPOOL or ISO information request, rule, or requirement, then the Qualifying Facility shall be responsible for the costs of such fines, penalties, or sanctions imposed by NEPOOL or the ISO on the Distribution Company.