§ 39-2-1.4. Reasonable backup or supplemental rates.
(a) Electricity produced by cogeneration and small power production can be of benefit
to the public as part of the total energy supply of the entire electric grid of the
state or consumed by a cogenerator or small power producer. Subject to compliance
with applicable rules governing service, public utilities shall provide transmission
or distribution service to enable a retail customer to transmit electrical power generated
by the customer at one location to the customer's facilities at another location,
if the commission finds that the provision of this service, and the charges, terms,
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§ 39-2-1.4. Reasonable backup or supplemental rates.
(a) Electricity produced by cogeneration and small power production can be of benefit
to the public as part of the total energy supply of the entire electric grid of the
state or consumed by a cogenerator or small power producer. Subject to compliance
with applicable rules governing service, public utilities shall provide transmission
or distribution service to enable a retail customer to transmit electrical power generated
by the customer at one location to the customer's facilities at another location,
if the commission finds that the provision of this service, and the charges, terms,
and other conditions associated with the provision of this service, are not likely
to result in higher cost electric service to the utility's general body of retail
and wholesale customers or adversely affect the adequacy or reliability of electric
service to all customers.
(b) Each electric distribution company shall provide backup and supplemental service to
any customer who is self-generating electricity and meets reasonable interconnection
requirements designed to protect the distribution and transmission system. The commission
shall ensure that backup and supplemental rates made, exacted, demanded, or collected
by any public utility from a customer who is self-generating shall be just and reasonable
and may not be unduly discriminatory. Any backup and supplemental rate tariffs in
effect as of May 2002 may remain in effect as designed through December 31, 2004.
Commencing January 1, 2005, the backup and supplemental rates shall be cost-based
but may be discounted as provided for in subsection (c); provided, however, that the
John O. Pastore Center power plant shall be exempt from the backup or supplemental
rates.
(c) Notwithstanding the rate design criteria set forth in subsection (b), the commission
may permit or require discounted backup-distribution-service rates in order to encourage
economically efficient cogeneration or small power-production projects if it finds
these discounts to be in the public interest and/or contribute to system reliability
procurement or least-cost procurement; provided, however, that any revenue not recovered
by the electric distribution company as a result of these discounted distribution
rates shall be accounted for and recovered in the rates assessed on all customers.
The commission shall, in determining the public interest in distributed-generating
facilities, consider reduced environmental impacts, increased energy efficiency, reduced
transmission losses and congestion, effects on electric system reliability, and other
factors the commission may deem relevant.
(d) The provisions of this section shall be effective as of January 1, 2005.