1. (a) Applicability. This subpart applies to the regulation of sales and purchases between qualifying facilities and electric utilities.

2. (b) Case-by-case negotiations.

   1. (1) Except as specified by a standard tariff (23 CAR § 454-304(c)), utilities will conduct case-by-case negotiations with qualifying facilities to establish the specific arrangements between the electric utility and the qualifying facility.
   2. (2) The arrangements addressed in case-by-case negotiations between electric utilities and qualifying facilities shall include and be guided by the provisions made in 23 CAR §§ 454-302 – 454-308.
   3. (3) Nothing in subdivision (b)(2) of this section shall be construed to limit the consideration or inclusion of any other factors within the arrangements negotiated between electric utilities and qualifying facilities.

3. (c) Negotiated rates or terms. Nothing in this subpart:

   1. (1) Limits the authority of any electric utility or any qualifying facility to agree to a rate for any purchase, or terms or conditions relating to any purchase, that differ from the rate or terms or conditions that would otherwise be required by this subpart; or
   2. (2) Affects the validity of any contract entered into between a qualifying facility and an electric utility for any purchase.

Codification Notes: This section was promulgated as Section 3.1 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.