1. (1) A generating facility entering into a power contract must provide energy or capacity to a utility during a system emergency only to the extent:

   1. (a) Provided by agreement between such generating facility and utility; or
   2. (b) Ordered under section 202(c) of the Federal Power Act.

2. (2) During any system emergency, a utility may discontinue or curtail:

   1. (a) Purchases from a generating facility if such purchases would contribute to such emergency; and

   2. (b) Sales to a generating facility, if such discontinuance or curtailment:

      1. (i) Does not discriminate against a generating facility; and
      2. (ii) Takes into account the degree to which purchases from the generating facility would offset the need to discontinue or curtail sales to the generating facility.
3. (3) System emergencies resulting in utility action under this chapter are subject to verification by the commission upon request by either party to the power contract.

[Statutory Authority: RCW 80.01.040, 80.04.160, and chapters 80.28, 19.280, and 19.405 RCW. WSR 21-02-023 (Docket UE-190837, General Order R-602), § 480-107-115, filed 12/28/20, effective 12/31/20. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 06-08-025 (Docket No. UE-030423, General Order No. R-530), § 480-107-115, filed 3/28/06, effective 4/28/06.]