OAR 860-088-0140: Sale and Purchase of Unsold and Unsubscribed Generation

(1) Upon project certification, the project’s remaining unsold and unsubscribed generation is eligible for sale subject to the following requirements: (a) Upon request, an electric company must enter into a 20-year power purchase agreement with a pre-certified project to purchase the project’s unsold and unsubscribed generation on an “as available” basis subject to the requirements of the Public Utility Regulatory Policy Act (PURPA) and ORS 758.505, et. seq.; (b) If the electric company is the Project Manager, the electric company may seek Commission approval to recover from all ratepayers the “as available” rate for the project’s unsold and unsubscribed generation; and (c) Renewable energy certificates associated with generation sold under section (1)(a) of this rule at the “as available” rate will not transfer to the electric company unless otherwise agreed by the Project Manager and electric company. (2) The value of any project generation that is not sold to or subscribed by participants, sold to an electric company under a power purchase agreement, or sold on another basis must be donated to the electric company whose service territory encompasses the project at the “as available” rate and used by the electric company to assist low-income residential customers’ participation in the Community Solar Program.