Subd. 1. Agreement.

When a retail customer of a public utility proposes to acquire power from or construct a new electric power generation facility in the assigned service area of the utility serving the retail customer to provide all or part of the customer's electric service needs, the public utility may negotiate with and enter into an agreement with the customer to supply electric power to the customer in order to defer construction of the facility until the utility has need of power generated by the proposed facility, if the Public Utilities Commission approves the agreement under subdivision 2.

Subd. 2. Commission approval.

1. (a) The commission shall approve an agreement under this section upon finding that:

   1. (1) the proposed electric service power generation facility could reasonably be expected to qualify for a market value exclusion under section 272.0211;
   2. (2) the public utility has a contractual option to purchase electric power from the proposed facility; and
   3. (3) the public utility can use the output from the proposed facility to meet its future need for power as demonstrated in the most recent resource plan filed with and approved by the commission under section 216B.2422.
2. (b) Sections 216B.03, 216B.05, 216B.06, 216B.07, 216B.16, 216B.162, and 216B.23 do not apply to an agreement under this section.