RSA 362-A:4-c · Consideration by the Commission

362-A:4-c Consideration by the Commission. –

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I.

The commission shall independently and expeditiously consider any mutually acceptable agreement for the buydown, buyout, or renegotiation of any existing commission order providing for qualifying facility power sales or power purchase agreement regardless of the status of any other such pending renegotiations.

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II.

The commission shall not approve any buyout of a listed facility prior to July 1, 2000. The commission shall not approve any buyout of a listed facility until competition is certified to exist in at least 70 percent of the state pursuant to RSA 38:36.

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III.

The commission shall not approve any renegotiation which places restrictions on selling the output of the qualifying facility in a competitive generation market pursuant to RSA 374-F.

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IV.

The commission shall not approve any renegotiation of a commission order providing for power sales from a listed facility if, for any calendar year prior to 2006, that renegotiation would reduce the total number of kilowatt hours being purchased annually at predetermined prices from all listed facilities to less than 80 percent of the base listed-facility kilowatt hours for that calendar year.

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V.

In this section:

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(a)

"Base listed-facility kilowatt hours for that calendar year" means the total number of kilowatt hours which would have been purchased during the calendar year from all listed facilities if the renegotiated rate orders for all such listed facilities pending before the commission as of January 1, 1998 had been approved.

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(b)

"Buyout" means any modification of any existing commission order providing for power sales from a listed facility that (i) changes the termination date of that order to an earlier date, unless the modified termination date is not earlier than the termination date in the renegotiated buydown for that listed facility which was pending before the commission as of January 1, 1998, or (ii) eliminates predetermined prices for any of the output of the facility covered by the rate order.

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(c)

"Listed facility" means any of the 5 wood-fired qualifying facilities having rate orders which, as of January 1, 1998, provide the right to sell at least 10 megawatts of capacity and associated energy to Public Service Company of New Hampshire. Source. 1994, 362:13. 1998, 261:8, eff. Aug. 25, 1998.

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