69-09-07-12. System emergencies.

1. Qualifying facility obligation to provide power during system emergencies. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent: a. Provided by agreement between such qualifying facility and electric utility; or b. Ordered under section 202(c) of the Federal Power Act [16 U.S.C. 824a(c)].

2. Discontinuance of purchases and sales during system emergencies. During any system emergency, an electric utility may discontinue: a. Purchases from a qualifying facility if such purchases would contribute to such emergency; and b. Sales to a qualifying facility; provided, that such discontinuance is on a nondiscriminatory basis.

History: Effective June 1, 1981.

General Authority: NDCC 49-02-02