OAR 860-029-0070: System Emergencies

(1) Qualifying facility’s obligation to provide power during system emergencies: A qualifying facility is required to provide energy and capacity to a public utility during a system emergency only to the extent: (a) Provided by agreement between such qualifying facility and public utility; or (b) Ordered under section 202(c) of the Federal Power Act. (2) During any system emergency, a public utility may curtail: (a) Purchases from a qualifying facility if such purchases would contribute to such emergency (including net output requirement); and (b) Sales to a qualifying facility, as qualified by section (3) of this rule, provided that such curtailment is on a nondiscriminatory basis. (3) Except in cases of practical impossibility, sales to a qualifying facility that is generating 50 percent or more of its load, may not be curtailed during a system emergency, or under mandatory curtailments established by Order No. 78-823, until all other customers in its class have been fully curtailed. (4) A qualifying facility that is unable to deliver power to a public utility owing to curtailment by the public utility will be relieved of any obligation to sell to the public utility during the curtailment period.