Section 57.39. Informal consultation and Commission proceedings

(a) A qualifying facility or utility may request Commission assistance concerning charges and conditions of the purchase or sale of power under this subchapter. The Commission may designate staff to consult with such parties as the need arises. Upon request for assistance, staff will attempt to aid the parties in understanding and complying with this subchapter. Staff may also suggest possible solutions to problems and disputes arising from application of this subchapter. Assistance or suggestions, however, will be wholly informational and nonbinding on both the Commission and the parties. The assistance or suggestions may not form the basis for any decision by the Commission. Requests for Commission assistance shall be in writing with copy to other parties, be addressed to the Secretary’s office, and include as a minimum the following information:

(1) Name of the qualifying facility.

(2) Owner of the qualifying facility.

(3) Description of the qualifying facility including type, for example, run-of-river hydro or topping cycle cogeneration; capacity in kilowatts; and estimated annual output in kilowatt-hours.

(4) Proposed purchasing utility.

(5) Whether the qualifying facility is offering to sell energy or energy and capacity.

(6) Terms and conditions under which the purchasing utility has offered to purchase the energy or energy and capacity and all terms and conditions the qualifying facility was willing to accept for its energy or energy and capacity.

(7) A short summary of the problem or question with which the party wishes Commission assistance.

(b) Any qualifying facility wishing to contest utility actions before the Commission under this subchapter shall comply with the act, and Chapters 1, 3 and 5 (relating to rules of administrative practice and procedure; special provisions; and formal proceedings). In addition, an initial pleading petition, or other document filed with the Commission should include, as a minimum, the information as required in subsection (a).

The provisions of this § 57.39 adopted September 17, 1982, effective January 11, 1983, 13 Pa.B. 4237.