1. (a) General rules.

   1. (1) Rates for sales:

      1. (A) Shall be just and reasonable and in the public interest; and
      2. (B) Shall not discriminate against any qualifying facility compared with rates for sales to other customers served by the electric utility.
   2. (2) Rates for sales that are based on accurate data and consistent system-wide costing principles shall not be considered to discriminate against any qualifying facility to the extent that such rates apply to the utility's other customers with similar load or other cost-related characteristics.

2. (b) Additional services to be provided to qualifying facilities. Upon request of a qualifying facility, each electric utility shall provide:

   1. (1) Supplementary power;
   2. (2) Backup power;
   3. (3) Maintenance power; and
   4. (4) Interruptible power.

3. (c) Rates for sales of backup and maintenance power.

   1. (1) The rates for sales of backup power or maintenance power:

      1. (A) Shall not be based upon an assumption, unless supported by factual data, that forced outages or other reductions in electric output by all qualifying facilities in an electric utility's system will occur simultaneously, during the system peak, or both; and
      2. (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.

   2. (2) The utility may establish different rates for supplying these services to nonqualifying facilities if such differentiation is:

      1. (A) Empirically justified; and
      2. (B) Supported by utility findings on factors such as the diversity of outages.

Codification Notes: This section was promulgated as Section 3.5 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.