18 Cfr 292.313

§ 292.312

18 CFR Ch. I (4–1–08 Edition)

Commission for an order reinstating
the electric utility’s obligation to purchase electric energy under this section. Such application shall set forth
the factual basis upon which the application is based and describe why the
conditions set forth in § 292.309(a), (b)
or (c) are no longer met. After notice,
including sufficient notice to potentially affected electric utilities, and
opportunity for comment, the Commission shall issue an order within 90 days
of such application reinstating the
electric utility’s obligation to purchase
electric energy under this section if the
Commission finds that the conditions
set forth in § 292.309(a), (b), or (c) which
relieved the obligation to purchase, are
no longer met.
[Order 688, 71 FR 64372, Nov. 1, 2006]

rfrederick on PROD1PC67 with CFR

§ 292.312 Termination of obligation to
sell to qualifying facilities.
(a) Any electric utility may file an
application with the Commission for
relief from the mandatory obligation
to sell under this section on a service
territory-wide basis or a single qualifying facility basis. Such application
shall set forth the factual basis upon
which relief is requested and describe
why the conditions set forth in paragraphs (b)(1) and (b)(2) of this section
have been met. After notice, including
sufficient notice to potentially affected
qualifying facilities, and an opportunity for comment, the Commission
shall make a final determination within 90 days of such application regarding
whether the conditions set forth in
paragraphs (b)(1) and (b)(2) of this section have been met.
(b) After August 8, 2005, an electric
utility shall not be required to enter
into a new contract or obligation to
sell electric energy to a qualifying
small power production facility, an existing qualifying cogeneration facility,
or a new qualifying cogeneration facility if the Commission has found that;
(1) Competing retail electric suppliers are willing and able to sell and
deliver electric energy to the qualifying cogeneration facility or qualifying small power production facility;
and

(2) The electric utility is not required
by State law to sell electric energy in
its service territory.
[Order 688, 71 FR 64372, Nov. 1, 2006; 71 FR
75662, Dec. 18, 2006]

§ 292.313 Reinstatement of obligation
to sell.
At any time after the Commission
makes a finding under § 292.312 relieving an electric utility of its obligation
to sell electric energy, a qualifying cogeneration facility, a qualifying small
power production facility, a State
agency, or any other affected person
may apply to the Commission for an
order reinstating the electric utility’s
obligation to purchase electric energy
under this section. Such application
shall set forth the factual basis upon
which the application is based and describe why the conditions set forth in
Paragraph (b)(1) and (b)(2) of this section are no longer met. After notice,
including sufficient notice to potentially affected utilities, and opportunity for comment, the Commission
shall issue an order within 90 days of
such application reinstating the electric utility’s obligation to sell electric
energy under this section if the Commission finds that the conditions set
forth in paragraphs (b)(1) and (b)(2) of
this section are no longer met.
[Order 688, 71 FR 64372, Nov. 1, 2006]

§ 292.314

Existing rights and remedies.

Nothing in this section affects the
rights or remedies of any party under
any contract or obligation, in effect or
pending approval before the appropriate State regulatory authority or
non-regulated electric utility on or before August 8, 2005, to purchase electric
energy or capacity from or to sell electric energy or capacity to a qualifying
cogeneration facility or qualifying
small power production facility under
this Act (including the right to recover
costs of purchasing electric energy or
capacity).
[Order 688, 71 FR 64372, Nov. 1, 2006]

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