Section 4000.1106 - Pennsylvania Public Utility Commission(a)Application.--If the owner or operator of a resource recovery facility and a public utility fail to agree upon the terms and conditions of a contract for the purchase of electric energy, or electric energy and capacity, within 90 days of the request by the facility to negotiate such a contract, or if the public utility fails to offer a contract, either the owner or operator of the facility or the public utility may request the commission to establish the terms and conditions of such a contract. Such request may be for an informal consultation, a petition for declaratory order or a formal complaint, as appropriate under the circumstances.(b)Commission response.--The commission shall respond to any such request, unless time limits are waived by the owner or operator and utility, as follows: (1) If the request is for an informal consultation, such consultation shall be held within 30 days, and commission staff shall make its recommendation to the parties within 30 days after the last consultation or submittal of the last requested data, whichever is later. Such recommendation may be oral or written, but shall not be binding on the parties or the commission.(2) If the request is in the form of petition for declaratory order, the petitioner shall comply with the requirements of 52 Pa.Code § 5.41 et seq. (relating to petitions) and 52 Pa.Code § 57.39 (relating to informal consultation and commission proceedings). Within 30 days after filing such petition, the commission or its staff assigned to the matter may request that the parties file legal memoranda addressing any issues raised therein. Within 60 days after filing of such petition or legal memoranda, whichever is later, the commission shall act to grant or deny such petition.(3) If the request is in the form of a formal complaint, the case shall proceed in accordance with 66 Pa.C.S. § 101 et seq. (relating to public utilities). However, the complaint may be withdrawn at any time, and the matter may proceed as set forth in paragraph (1) or (2).(c)Status as public utility.--A resource recovery facility shall not be deemed a public utility, as such is defined in 66 Pa.C.S. § 101 et seq., if such facility produces thermal energy for sale to a public utility and/or ten or less retail customers, all of whom agree to purchase from such facility under mutually agreed-upon terms, or if such facility produces thermal energy for sale to any number of retail customers, all of which are located on the same site or site contiguous to that of the selling facility.(d)Effect of section.--The provisions of this section shall take effect notwithstanding the adoption or failure to adopt any regulations by the commission regarding the purchase of electric energy from qualifying facilities, as such term is defined in section 210 of the Federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617, 92 Stat. 3117), the regulations promulgated pursuant thereto and commission regulations. 1988, July 28, P.L. 556, No. 101, § 1106, effective in 60 days.