Qualifying facility’s obligation to provide power during system emergencies: A qualifying facility is required to provide energy and capacity to a public utility during a system emergency only to the extent:
(a)
Provided by agreement between such qualifying facility and public utility; or
(b)
Ordered under section 202(c) of the Federal Power Act.
(2)
During any system emergency, a public utility may curtail:
(a)
Purchases from a qualifying facility if such purchases would contribute to such emergency (including net output requirement); and
(b)
Sales to a qualifying facility, as qualified by section (3) of this rule, provided that such curtailment is on a nondiscriminatory basis.
(3)
Except in cases of practical impossibility, sales to a qualifying facility that is generating 50 percent or more of its load, may not be curtailed during a system emergency, or under mandatory curtailments established by Order No. 78-823, until all other customers in its class have been fully curtailed.
(4)
A qualifying facility that is unable to deliver power to a public utility owing to curtailment by the public utility will be relieved of any obligation to sell to the public utility during the curtailment period.