An electric utility is not required to purchase electric energy from a facility with a design capacity of five hundred kw or more until ninety days after the facility notifies the utility pursuant to this section that it is a qualifying facility, or ninety days after the facility has applied to the commission under § 6-74-9 or the FERC under FERC rules regarding qualifying cogeneration and small power production facilities, 18 C.F.R. Part 292.
Haw. Code R. § 6-74-10