18 Cfr 292.203

§ 292.203

18 CFR Ch. I (4–1–18 Edition)

at least some of which is then used for
power production.
(Energy Security Act, Pub. L. 96-294, 94 Stat.
611 (1980) Public Utility Regulatory Policies
Act of 1978, 16 U.S.C. 2601, et seq., Energy
Supply and Environmental Coordination
Act, 15 U.S.C. 791 et seq., Federal Power Act,
as amended, 16 U.S.C. 792 et seq., Department
of Energy Organization Act, 42 U.S.C. 7101 et
seq., E.O. 12009, 42 FR 46267)

kpayne on DSK54DXVN1OFR with $$_JOB

[45 FR 17972, Mar. 20, 1980, as amended at 45
FR 33958, May 21, 1980; 45 FR 66789, Oct. 8,
1980; Order 135, 46 FR 19231, Mar. 30, 1981; 46
FR 32239, June 22, 1981; Order 499, 53 FR 27002,
July 18, 1988; Order 575, 60 FR 4857, Jan. 25,
1995]

§ 292.203 General requirements for
qualification.
(a) Small power production facilities.
Except as provided in paragraph (c) of
this section, a small power production
facility is a qualifying facility if it:
(1) Meets the maximum size criteria
specified in § 292.204(a);
(2) Meets the fuel use criteria specified in § 292.204(b); and
(3) Unless exempted by paragraph (d),
has filed with the Commission a notice
of
self-certification,
pursuant
to
§ 292.207(a); or has filed with the Commission an application for Commission
certification, pursuant to § 292.207(b)(1),
that has been granted.
(b) Cogeneration facilities. A cogeneration facility, including any diesel and
dual-fuel cogeneration facility, is a
qualifying facility if it:
(1) Meets any applicable standards
and criteria specified in §§ 292.205(a), (b)
and (d); and
(2) Unless exempted by paragraph (d),
has filed with the Commission a notice
of
self-certification,
pursuant
to
§ 292.207(a); or has filed with the Commission an application for Commission
certification, pursuant to § 292.207(b)(1),
that has been granted.
(c) Hydroelectric small power production facilities located at a new dam or diversion. (1) A hydroelectric small power
production facility that impounds or
diverts the water of a natural watercourse by means of a new dam or diversion (as that term is defined in
§ 292.202(p)) is a qualifying facility if it
meets the requirements of:
(i) Paragraph (a) of this section; and
(ii) Section 292.208.
(2) [Reserved]

(d) Exemptions and waivers from filing
requirement. (1) Any facility with a net
power production capacity of 1 MW or
less is exempt from the filing requirements of paragraphs (a)(3) and (b)(2) of
this section.
(2) The Commission may waive the
requirement of paragraphs (a)(3) and
(b)(2) of this section for good cause.
Any applicant seeking waiver of paragraphs (a)(3) and (b)(2) of this section
must file a petition for declaratory
order describing in detail the reasons
waiver is being sought.
[Order 732, 75 FR 15965, Mar. 30, 2010]

§ 292.204 Criteria for qualifying small
power production facilities.
(a) Size of the facility—(1) Maximum
size. Except as provided in paragraph
(a)(4) of this section, the power production capacity of a facility for which
qualification is sought, together with
the power production capacity of any
other small power production facilities
that use the same energy resource, are
owned by the same person(s) or its affiliates, and are located at the same
site, may not exceed 80 megawatts.
(2) Method of calculation. (i) For purposes of this paragraph, facilities are
considered to be located at the same
site as the facility for which qualification is sought if they are located within one mile of the facility for which
qualification is sought and, for hydroelectric facilities, if they use water
from the same impoundment for power
generation.
(ii) For purposes of making the determination in clause (i), the distance between facilities shall be measured from
the electrical generating equipment of
a facility.
(3) Waiver. The Commission may
modify the application of paragraph
(a)(2) of this section, for good cause.
(4) Exception. Facilities meeting the
criteria in section 3(17)(E) of the Federal Power Act (16 U.S.C. 796(17)(E))
have no maximum size, and the power
production capacity of such facilities
shall be excluded from consideration
when determining the maximum size of
other small power production facilities
within one mile of such facilities.
(b) Fuel use. (1)(i) The primary energy
source of the facility must be biomass,
waste, renewable resources, geothermal

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