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Rule Title: QUALIFYING FACILITY ACCESS TO AVOIDED COST MODELING DATA
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Department: PUBLIC SERVICE REGULATION
Chapter: UTILITY DIVISION
Subchapter: Cogeneration and Small Power Production
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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38.5.1910    QUALIFYING FACILITY ACCESS TO AVOIDED COST MODELING DATA

(1) Upon a request from a qualifying facility, a utility shall provide reasonably transparent data concerning the utility’s avoided cost.

(2) The utility must provide an initial avoided cost calculation within 21 days of receipt of a qualifying facility's resource information, including generating technology, size, location, and production profile, at no cost to the qualifying facility. In providing an initial avoided cost calculation to the qualifying facility, the utility must use the methodologies most recently approved by the commission for that utility and must provide the qualifying facility with all assumptions and inputs used to make the avoided cost calculation.

(3) If a utility uses a proprietary modeling software to calculate its avoided cost, the utility must allow a qualifying facility, upon request, to conduct one avoided cost calculation using the utility modeling software with the qualifying facility's own assumptions and inputs at no cost to the qualifying facility. The utility must make dashboard access to its modeling software accessible to the qualifying facility within 21 days of the qualifying facility's request to conduct an alternative avoided cost calculation. The qualifying facility must have access to the modeling software for 21 days after the utility makes it available to the qualifying facility to conduct an alternative avoided cost calculation. A utility must accommodate reasonable requests by a qualifying facility to conduct additional avoided cost calculations using the utility's modeling software and may charge the qualifying facility a reasonable price for use of the modeling software beyond the single avoided cost calculation identified in this subsection.

(4) Pursuant to 69-3-206 and 69-3-209, MCA, a qualifying facility may petition the commission for fines against a utility for failure to adhere to this rule.

 

History: 69-3-103, 69-3-604(5), MCA; IMP, 69-3-102, 69-3-604(5), MCA; NEW, 2018 MAR p. 1298, Eff. 7/7/18.


 

 
MAR Notices Effective From Effective To History Notes
38-5-240 7/7/2018 Current History: 69-3-103, 69-3-604(5), MCA; IMP, 69-3-102, 69-3-604(5), MCA; NEW, 2018 MAR p. 1298, Eff. 7/7/18.
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