292.301—Scope.
(a) Applicability.
This subpart applies to the regulation of sales and purchases between qualifying facilities and electric utilities.
(b) Negotiated rates or terms.
Nothing in this subpart:
(1)
Limits the authority of any 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 subpart; or
(2)
Affects the validity of any contract entered into between a qualifying facility and an electric utility for any purchase.