85-1-512. Standards for the determination. (1) The standards for the determination provided for in 85-1-511 by the public service commission shall include the following:
     (a) Long-term contracts for the purchase of electricity by the utility or electric cooperative from a small-scale hydroelectric facility under this chapter shall be encouraged in order to enhance the economic feasibility of such facilities.
     (b) The rates paid by a utility or electric cooperative to a small-scale hydroelectric facility may not exceed, over the term of the purchase contract, the incremental cost to the utility or electric cooperative of the electricity that, but for the purchase from the small-scale hydroelectric facility, the utility or electric cooperative would generate or purchase from another source.
     (c) The rates to be paid by a utility or an electric cooperative for power purchased from a small-scale hydroelectric facility shall be established with consideration of the availability and reliability of the power produced.
     (2) The commission may set these rates by use of any of the following methods:
     (a) the levelized avoided cost over the term of the contract;
     (b) the cost of production for the small-scale hydroelectric facility plus a just and reasonable return; or
     (c) any other method that will promote the development of small-scale hydroelectric facilities.

     History: En. Sec. 12, Ch. 503, L. 1981.