(a) No order may be issued by the Commission under section 47 of this chapter unless the Commission determines that such order:
(1) is not likely to result in a reasonably ascertainable uncompensated economic loss for the electric utility, qualifying cogenerator, or qualifying small power producer affected by the order; and
(2) will not place an undue burden on the electric utility, qualifying cogenerator, or qualifying small power producer affected by the order; and
(3) will not unreasonably impair the reliability of the electric utility affected by the order or its ability to render adequate service to its customers.
The determination under subsection (a) of this section shall be based upon a showing of the parties. The Commission shall have no authority under section 47 to compel the enlargement of generating facilities.(b) No order may be issued under section 47 unless the applicant for such order demonstrates that he is capable and willing to cover all reasonably anticipated cost and expenses, including those of the public utility incurred under such order.
(c)
(1) Before issuing an order under section 47, the Commission shall issue a proposed order and set a reasonable time for parties to the proposed interconnection order to agree to terms and conditions under which such order is to be carried out. Such proposed order shall not be reviewable or enforceable in any court. The time set for such parties to agree to such terms and conditions may be shortened if the Commission determines that delay would jeopardize the attainment of the purposes of any proposed order. Any terms and conditions agreed to by the parties shall be subject to the approval of the Commission.
(2) If the parties agree as provided in paragraph (1) of this subsection within the time set by the Commission and the Commission approves such agreement, the terms and conditions shall be included in the final order. In the case of an order under section 47, if the parties fail to agree within the time set by the Commission or if the Commission does not approve any such agreement, the Commission shall prescribe such terms and conditions in the final order.
(d) If the Commission does not issue any order applied for under section 47, the Commission shall, by order, deny such application and state reasons for such denial.