18 CFR §292.301

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