(a) This subchapter applies to the regulation of sales and purchases between qualifying facilities and electric utilities in the State.(b) Nothing in this subchapter: (1) Prohibits an electric utility or any qualifying facility to agree to a rate for any purchase, or terms or conditions relating to any purchase, which differ from the rate or terms or conditions which would otherwise be required by this subchapter; or(2) Affects the validity of any contract entered into between a qualifying facility and an electric utility for any purchase.(c) If the electric utility and qualifying facility fail to reach an agreement on the rate or terms of purchase within seventy-five days after the qualifying facility first offers to sell energy or capacity to the electric utility, the electric utility, within fourteen days, shall submit a petition to the commission requesting a hearing on the matter. If the electric utility fails to submit the petition within the prescribed time period, the qualifying facility may petition the commission for a hearing on the matter. Upon the application of the electric utility or the qualifying facility and for good cause, the commission may waive or modify the time periods prescribed in this subsection.(d) To constitute an offer to sell within the meaning of subsection (c), the offer must be bona fide, in writing, and contain specific prices and specific terms and conditions of all essential elements generally found in power purchase contracts. The electric utility, upon request, shall furnish to the qualifying facility a list of the elements, the specific terms and conditions of which the electric utility considers essential to be included in the offer to sell.(e) When a petition is filed pursuant to subsection (c), the commission may:(1) Dismiss the petition, if it finds that the qualifying facility's offer is incomplete in any material respect;(2) Resolve the differences between the parties; or(3) Provide such directions, instructions, or rulings as appropriate, and order the parties to resume negotiations.(f) The commission shall decide on the petition filed pursuant to subsection (c) within 120 days of the filing of the petition; provided that the commission, for good cause, may modify the time limit.[Eff 2/18/82; am and comp 5/2/85; am and comp] (Auth: HRS § 269-6) (Imp: HRS § 269-27.2)