B. For years in which the utility has sold the output of the qualifying facility contract pursuant to Title 35-A, section 3204, subsection 4 and the qualifying facility has not, as of the effective date of this paragraph, contracted for retail power supply, the commission shall establish the contract rate as a rate per kilowatt hour for each month equal to the sum of the average per-kilowatt hour cost to the qualifying facility of its purchases during the same month of transmission and distribution service under all applicable tariffs and of generation service. The qualifying facility shall obtain its generation service through a process that is approved by the commission; and

C.__Notwithstanding any other provision of law, for years in which the utility has not sold the output of the qualifying facility contract pursuant to Title 35-A, section 3204, subsection 4, the commission may direct the utility to sell the output of the qualifying facility back to the qualifying facility or otherwise act to place the qualifying facility and utility as close as possible to their positions with respect to the contract prior to the implementation of retail access.__In determining the positions of the qualifying facility and the utility with respect to the contract prior to the implementation of retail access, the commission shall, at a minimum, consider and make specific findings with regard to:

(1)__Benefits the qualifying facility received under the contract, including any ability to avoid the purchase of standby service and the cost of balancing short-term differences in power generation and use; and

(2)__Benefits the utility received under the contract.

To the extent the commission is unable to restore both the qualifying facility and the utility to their positions with respect to the contract prior to the implementation of retail access, the commission shall act to equitably apportion the resulting costs and benefits between the qualifying facility and the utility.__The commission shall issue a decision under this paragraph within 6 months of a filing by a utility or a qualifying facility for a determination pursuant to this paragraph.