Section 407-360-7 - COMMISSION PROCEDURESA. Petition For Establishing Rates, Terms, and Conditions 1. Filing. If after good faith negotiations a qualifying facility and an electric or transmission and distribution utility are unable to reach an agreement, the qualifying facility or utility may petition the Commission to establish any rate, term, condition or other provision of a contract that is rendered impractical or impossible to perform or implement as a result of the restructuring of the electric industry.2. Contents. The petition shall include the names and addresses of the qualifying facility and the utility, a description of the rate, term, condition or other contractual provision for which the petitioner seeks Commission intercession, an explanation of why the rate, term, condition or other contractual provision has been rendered impractical or impossible to perform or implement as a result of the restructuring of the electric industry, a copy of the contract, and any Commission orders relevant to the intent and purposes of the disputed provisions.3. Service. The petitioner shall serve a copy of the petition by regular mail or fax to the affected utility or qualifying facility.4. Response. The affected utility or qualifying facility shall file a response to the petition within 7 days of receiving service.5. Timing. The Commission shall issue an order resolving the issues raised by the petition within 90 days of filing.6. Resolution. The Commission shall make a finding as to whether the disputed rate, term, condition, or other contractual provision has been rendered impractical or impossible to perform or implement as a result of the restructuring of the electric industry. If the Commission makes such a finding, it shall establish a rate, term, condition, or other contractual provision that preserves the intent and purposes embodied in the disputed contractual provision(s).B. Commission Investigation The Commission at any time may initiate an investigation or any person may petition the Commission to initiate an investigation of any matters relevant to the matters contained in this Chapter. The petition shall contain an explanation of the scope of the investigation sought. The Commission shall determine within sixty (60) days of the filing whether an investigation shall be opened. If a Notice of Investigation is not issued within 60 days, the request is denied. If an investigation is opened, procedures set forth in subsection B shall be followed.
65- 407 C.M.R. ch. 360, § 7