(1) If an electric utility fails to make a good faith effort to comply with a request from a qualifying facility to transmit energy or energy and capacity produced by the qualifying facility to another electric utility or to the Bonneville Power Administration, the electric utility shall purchase the qualifying facilitys energy or energy and capacity at a price which is the higher of: (a) The electric utilitys avoided cost; or (b) The index rate. (2) As used in this section, good faith effort shall be demonstrated by the electric utilitys publication of a generally applicable, reasonable policy of the electric utility to allow a qualifying facility to use the electric utilitys transmission facilities on a cost-related basis.
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