Sec. 5. (a) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from an alternate energy production facility or cogeneration facility unless the facility:

(1) has an electric generating capacity of not more than eighty (80) megawatts;

(2) produces electricity, gas, or useful thermal energy for industrial, commercial, or residential purposes; and

(3) is owned or operated by an individual, firm, copartnership, corporation, company, association, joint stock association, city, town, or county that:

(A) is not primarily engaged in the business of producing or selling electricity, gas, or useful thermal energy other than electricity, gas, or useful thermal energy sold solely from alternate energy production facilities, cogeneration facilities, or small hydro facilities; and

(B) does not sell electricity, gas, or useful thermal energy to residential users other than the tenants or the owner or operator of the facility.

     (b) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from a small hydro facility unless the facility has an electric generating capacity of not more than eighty (80) megawatts.

As added by Acts 1982, P.L.72, SEC.1.